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HomeMy WebLinkAbout2016-08-08 OPH Ltr to Applicant Forwarding Document for SignatureCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007.Oak Park Heights, MN 55082 • Phone (651) 4394439 • Fax (651) 439-0574 August 8, 2016 Mr. Brian Sullivan Xcel Energy Siting and Land Rights Agent 414 Nicollet Mall, 06 Minneapolis, MN 55401 RE: Conditional Use Permit - Amendment - Substation Enclosed you will find three (3) copies of the above documents. Please have each of the three copies executed and mail all ORGINIAL copies back to my attention at the above address when completed. Do not remove any pages or remove any staples as this will void ALL documents and will cause delay. Once these are returned, the City similarly sign and will submit one original copy for appropriate recording with Washington County, one will be placed on file at City Hall and a remaining original coov will be returned to vou. The City is ss iN�c�v'final Watershed approval, so please also check on that matter as well. if you have any questions on nistrator Julie Hultman, Planning Dept. CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR EXPANSION OF THE NOVA SCOTIA AVENUE SUBSTATION (Baytown Substation) FOR XCEL ENERGY NWAC File No. 236.02-16.08 Amended Permit Issued: July 26, 2016 Legal Description: See "Exhibit A" Legal description attached hereto Owner: Xcel Energy Address: 414 Nicollet Mall Minneapolis, Minnesota Site Address: xxxx Nova Scotia Avenue Oak Park Heights, MN 55082 Present Zoning District: B-4 Limited Business District Permitted uses set forth in Ordinance 401 Section 401.03.C.4a and b and C 5; I. CONDITIONAL USE PERMIT: The City of Oak Park Heights has received a request from Northern States Power/Xcel Energy for an amended conditional use permit to expand the substation at Nova Scotia Avenue. II. The applicant has submitted a site drawing and supporting documentation to the Community Development Department attached as part of the June 6, 2016 planning report. III. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. 1. Any, non -security lighting, if installed, shall be full cutoff and comply with the zoning Ordinance requirements. 2. The tree removal and landscape plan shall be subject to the review and approval of the city arborist. 3. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. 4. The city will not require conformity with thee design guidelines for this project. 5. Any grading and drainage issues shall be addressed and be subject to the review and approval of the city engineer and the Middle St. Croix Water Management Association. IV. This Conditional Use Permit is issued in addition to and not in replacement of any other permits previously issued by the City to this permit holder. V. Modification of other CUP's. Issuance of this Interim Use Permit (CUP) neither modifies amends nor rescinds any prior issued CUP's. IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: Date: CITY OF OAK PARK HEIGHTS LM Date: By Mary McComber, Mayor Eric Johnson City Administrator XCEL ENERGY Its Exhibit 1 Substation Legal Description PID# 05.029.20.11.0032 EXHIBIT 2 Planners Report 9801 7bwaton Avenue N. Butte 100 „ Anoka, MN 66303 P� Phone., 763.231.5W r Faoahrdles 763.427.0624 7 .. I "I ' Tt C@Aann(n9C*,00rn PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Eric Johnson Scott Richards June 8, 2018 Oak Park Heights - Xcel Energy Substoon -- Amended Conditional Use to Allow Expansion - Nova Soods Avenue 236.02 - 16.08 Brien Sullivan of Xoel Energy has made applkon for an amended Conditional Use Permit (CUP) to allow expansion of the Xcel Energy Substation on Nova Scotia Avenue. The existing substation is deemed to be at capacity which will require a second transformer, switchgear and a new electric feeder Ine. The 'equipment upgrades Include a new electrical equipment enclosure. The fenced area WH be expanded to s000mmodats the additional equipment. The property Is zoned B-4, Llrnited Business District In which electrical ,substations with open and outdoor equipment Is a Ueted conditional use. The original Conditional Use Permit was approved by the City In 1890, and the fence for the faclifty was approved in 2007. Attached for reference: Exhibit 1: Project Narrative from Xcel Energy - Brian Sullivan Exhibit 2: Proposed Plan Exhibit 3: Topography Layout Exhibit 4: Contour and Grading Layout Plan Exhibit 5: Contour and Grading Layout Sections EkhIbit 6: Contour and Grading layout Sections Exhibit 7: Contour and Grading Layout Dulls Exhibit 8: Contour and Grading Layout Details Exhibit 9: Contour and Grading Layout SWPPP Plan Exhlbit 10: Electrical Layout, 115KV Sections Page 132 of 254 Exhibit 11: Electrtcal Equipment Enclosure Pian Exihiblt 12: Tree Inventory Exhibit 13: Report of the City Arborist Exhibit 14: Report of the City Engineer ISSUES ANALYSIS Project Description. Excerpts from the project narrative are as follows: Projed Summery.- Xce1 Energy is proposing to expand the existing Baytown electrical substoWn. The expansion w111 provide reliable s1ec*lc se WOO to the businesses and raesfdentfal customers In Oak Park Heights and the surrounding oontmunitles In Washington County. The exMft subdabon as configured Is at capacity and the customers 1t serves could be subject to prolonged outages if Me upgrades ars not made. Xcel is requesting an amendment to the CUP to allow the proposed lmpmvernents: Site: The substetron prope* is approximately 1.5 acres In size and is currently used as a distrfbufion aleeft substetlon. Xcel Is proposing to upgrade the exlsting equlpfWnt and add addltional equipment. The property Includes a depriesslon behind (east) Me substation that will be used for storm warier management purposes. A we6and InvestfgatYan ver#W that there are no wetlands on the property, The ,surrounding land uses are aofim8rry61 In natures. Goodwill has a retaU AwRity to the east of the substation with an access drive and a monument sign to the south. Also to the south are existing electric transmission power lines Mat provide the power for the subshftn. Project Overview: Xcel Energy has recently conducted a study of the elecfnical system In Oak Perk 1.lelghts. The study ldenUftd several areas in the electric grid that need to be Upgraded. The study idenWed that there is a risk of an ovenbed of the system and Power may not be restored irttrnedlehW during periods of peak load activity. To reduoe the risk of a major outage a second transtbtrner, switchgear, and a new electric feeder line will be installed. Equipment upgrades include a new electlri+cei equipment enclosure which has emong other things enhanced monitoring capabilities. Landscape Flan: The proposed landscape plan is afteched The plan Includes a mix of decfduous and evwgnw tomes that will provde swmning from surrounding uses. Because of clearance requirements below power livres, plant mat+enal below Me power Imes hes been limited to apecles that grow to a height of 15 feet. Xcel Energy Is proposing to 2 Page 133 of 254 enclose the expanded fbcilKy with the same wood privacy fiance used to screen the original substation. Security and Design Issues: Per the National Electric Safety Code, the substation w111 heves an 840ot-tal1 wood security fence surrounding Me facillYes_ The substation is also equipped with alarms that are continually monitored by our operations center. Security lighting is provided and Is not activated unless for emergency repairs. Actress and Parking: Access Wfi be via an existing dnVe off of Nova Scotia Avenue Nath. As noted earlier M Is an unmanned facillty. Paring will be provided wfthln the substation facllo and the access dnW to the substation. Comprehensive Plan. The Comprehensive Plan designates this area as commercial land use, The substation Is consistent with this designation. Zoning Ordinance. The site is zoned B-4, Limited Business District In which electrical substations with open and outdoor equipment is a listed conditional use. The original Conditional Use Penult was approved by the City In 1980, and the fence for the facility was approved In 2007. The fence Is compliant with setback requirements. The criteria for review of the amended Conditional Use Permit are found later in this report. P'arldrrg and Traffic. The substation does not have employees. Parking Is available within the substation facility and on the access drive to the substation. Ughting. The facility is not proposed to be ilk. Security fighting Is provided but is not activated unless needed for emergency repairs. Any non -security fighting, if Installed, shall be full cut off and comply with the Zoning Ordinance requirements. Trees/Screening. Trees will be removed to accommodate the larger area required for the substation upgrades. A landscape plan has been provided indicating the locations of new plantings. The tree removal and landscape plan Is subject to review and approval of the City Arborist. Fence. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. Grading and Drainage. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. Page 134 of 254 Design Guldelines. An eleo is equipment enclosure will be located at the south side of the substation and withln the fence enclosure. It will be 24 feet by 40 feet and 12 feet In height. Utility structures are not subject to Design Guideline review. Bayport Substation, It has been observed that the Bayport Substation In Oak Park Heights has nuisance Issues that must be addressed. There Is peeling paint on the primary bullding structure and lighting fixtures that are not full cut off. These Issues will need to be addressed prior to allowing work on the Baytown Substation on Nova Scotia, Amended Conditional Use Permit Electrical substations with open and outdoor equipment is a listed conditional use, The Planning Commission should consider the confonnlly, environmental Issues and Impacts of the proposed project in making Its femmmendation. The Conditional Use Permit criteria, fiound In Section 401.03A.7 of the Zoning Ordinance, are found as follows: 1. Rela90n8h0 to the a Gcff% polkdes and provisions of the municipal comprehenaW ,plan. 2. The conftmity with present aux/ future land uses In luta ,areae. 3 The environmental issues and geographic area involwsd. 4. Whether the use will tend to or actually depredate the area in whlch # is prvpasecl. 5. The bnpact on dranacfar of the surrounding area. 6. The deff nsteted used for such use. 7. TrafTtc genes tion by H* use in reWlon to capabfTltles of stmets serving the property. 8 lire imped upon ex aft public services and fmottles including parks% calico/s, streets, and utaflties, acrd the City's service capaclfy. 9. The proposed use's confbrml(y with aN perftmance standards contained herein (I parking, loading, noise, ec.). The expansion of the substation is consistent with the Comprehensive Plan and with present land uses. Due to the location of the substation In a commerclal area, and the fencing and landscaping that has been provided, City Staff does not recognize any Impact on the surrounding area. Electric distribution is important to the community residents and businesses. There wl1l be not impacts to public services or the City's service capacity. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the application for an amended Conditional Use Permit to allow expansion of the Xcel Energy Substation on Nova Scotia Avenue, subject to the following conditions: 1, Any non -security lighting, If Installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. The tree removal and landscape plan is subject to review and approval of the City Arborlst. Page 135 of 254 3. The expanded area shall be enclosed with the same solid waif wood privacy fence used currently at the substation. 4. The Cfky will not require conformance with the Design Guidelines for the project. 5. Any grading and drainage Issues shall be addressed subject to review and approval +of the City Engineer and the Middle St. Croix Wartershed Management Organization. 8. The Applicant shah address and oomect the nuisance building conditions (peeling paint) as found on the primary building structure at the Bayport Substation. 7. The ApplIcent shall replace all building lighting fixtures on the primary building structure at the Bayport Substation with full cut off lighting. a. No work is permitted nor shall commence at the Baytown Substation on Nova Scotia unifl the Bayport Substation is brought into compliance with the building conditions and lighting at the Bayport Substation. Pc: Julie Hultman Page 135 of 254 XcelEnergyffi ItiPINUILE EY NAiQRE• Conditional Use Permit Application Baytown Substation June 9, 2016 Applicant: Northam States Power Co. d/b/a Xcel Energy 414 Nicollet Mall, 06 Minneapolis, MN 55401 Brian Sullivan: 812-330-5826 Email: brIa0.e.sulIhan9bxceIane1UX.00m Property Owner: Northern States Poorer Co. d/b/a Xcel Energy 414 Nloollet Mail, 06 Minneapolis, MN 55401 Parcel ID Number 05.029.20.11,0032 ti -4 414 room WB d6 Project Summary: Xcel Energy is proposing to expand the wdsfing Baytown electrical substation. The expansion will provide reliable electric service to the businesses and residential customers in Oak Park Heights and the surrounding communities In Washington County, The existing substation as configured is at capacity and the customers it serves Could be subject to prolonged outages If the upgrades are not made. NSP is requesting an amendment to the CUP to allow for the proposed Improvements. Project Location: Washington County, (Section 05 Township 029 Range 020). East side of Nova Scotia Ave. N., approximately 300 feet south of 80th St N Site The substation property Is approximately 1.5 acres is pin size and is currently used as a distribution electric substation. Xcel Is proposing to upgrade the existing equipment and add additional equipment The property includes a depression behind (east) the substation which will be utilized for storm water management purposes. A wetland Investigation verified that there are no wetlands on the property. The surrounding land uses are commercial In nature. Good Will has a retail facility to the east of the Page 137 of 254 .cel Enemy ■11.PON Big L! BY NATU1110 Ota N100 t ren of Wrin"Porb, MMS'{ AM substation with an access drive and a monument sign to the south. Also to the south are existing electric transmission power lines that provide the power for the substation. The City of Oak Park Heights approved a Conditional Use Permit for the existing fadlity In 1990 and Xcel Energy received approval for a tenting plan in 2007. Project Overview: Xcel Energy 4w recently conducted a study of the electric system in Oak Park Heights. The study identified several areas in the electric grid that need to be upgraded. The study Identified that there Is risk of an overload of the system and power may not be restored Immediately during periods of peak load activity. To reduce the risk of a major outage a � rte' transfbrmer, switchgear and a new electric feeder line will be installed. Equipment upgrades Include a newelechical equipment enclosure which has among other things enhanoed monitoring capabilities. Zoning: Jurisdiction Is Oak Park Heights E)dsting Zoning. Limited Business District Proposed Use: Essential Services — Public Utility Substation (34.5kV) Conditional Ilse Permit afa is required for Essential Servioes Operational Plan: The proposed facility is designed to alleviate overloading of the existing electric system in Oak Park Heights and the surrounding communilies. The substation is an unmanned facility that is monitored remotely from our operations control caller. Periodically technicians will inspect the substation facilities. Landscape Plan: The proposed landscape plan Is attached. The plan Includes a mix of deciduous and evergreen bvies and shrubs that will provide screening from surrounding uses. Because of clearance requinmwnts below power fines plant material below the power lines has been limited to species that grow to a height of 15'. Xcel UE gar y is proposing to enclose the expanded facility with the some wood prilvacy fence used to screen the original substation. Security and Design Standards: Per the National Electric Safety Code, the substation will have an 8' tall wood security fence surrounding the farAllties. The substation is also equipped with alarms that are oontinuousty monitored by our operations center. Securlty lighting Is provided,-I is not activated unto" needed for emergency repairs. Page 138 of 254 F , 'Cc�elEnergy t X IiOilllLt IT ■AT6860 M Nkoft Md IN MMWPdb' lel X401 t =dWWOMM Access and Parking: Access will be via an eaisting,drlve off of Nova Scotia Ave. N. As noted earlier this is an unmanned faclifty. Parking wilt be provided within the substation facility and the access drive to the substation. Xcel Energy submits this applica on for an Amenceo Conditional Use Permit for review by the City of Oak Park Heights to ensure that this facliPty Is oompatible with applicable zoning requirements. However by this application, Xcel Energy does not waive or subordinate its utility rights and obligation to develop and construct the proposed improvements to the Baytown Substation. Thank you for your time and consideration. Regards, Brian Sullivan Siting and Land Rights Agent P: 612.330,5925 1 C:612.3W.0234 I F: 612.329.3096 Email: brian.e.sullivan@ccelenergy,com Page 139 of 254 lift o Hit! tlit Oil 1 Page 142 of 254 A I 1 0 1 I/ 1 1 b I I . . . . P-, L , "J I Page 143 of 254 "k P-, L , "J I Page 143 of 254 0 ----- ... _ - — - - — -Page 144 of 254 i N i� Page 145 of 254 K W 1 t Jt r llll���� TTTT ' ,�rttt MIRR Page 146 of 254 i ¢ s, it gHill , 11 40 �f Ilk! Iti iifitof , 11 1i,1111 I'll 11 11 il I , v fs� of d,€ of pil �� v t r b3'r i i r 4 Pige 147 or 254 fill Ill i r 4 Pige 147 or 254 f ilk .T tim il _.._ _ Page 148 of 254 gat Intl ri r r L JI r k las or zsa 150 of 254 cc F- 150 of 254 City of Oak Park Heights 14168 Oak Pmt Blvd N.• Box 2007 . Onk Perk Helg?ft MN 53082 + Phone (651) 434-4439 • Pax 439-0574 Memorandum TO: F1ic Johnson, City Administrator Cc: Scott Richards, City Planner, Julie Hultman, Building Offidid From: Lisa Danielson, Arborist Data 07/1!2016 Rea Baytown Substatlon-Landscape Plan Review I have reviewed the landscape plan submitted by NSP dated 06110/16 and the tree inventory dated 06/0912018. The folbwing includes my comments and/or recommendations - TREE INVENTORY The tree inventory provided is Incomplete. A spreadshestftable should also be included to correspond with the tree inventory provided. Attributes to Include are as follows for each tree; Tree ID, species, size (In caliper inches), Remove/Protect, Notes. This information is needed to complete the tree replacement calculation. 1. Please clarify on the tree inventory provided the quantity of birch TBR. (The plan states TW 8- BIRCH TBR) 2. Specify the species for each of the pines. 3. Include the trunk size In caliper inches for all Amur maples. 4. Specify the Quantity of Mugo pines included In the !hedge. 5. Please reference the City of Oak Park Heights Landscape Guidelines for Developers in the Development Application Packet (Pages 1115) and City Ordinance 1307, TREE CI'T'Y U.S.A. Page 151 of 254 Once a completed true inventory is submitted to the Cfty, the tree replacement calculation can be computed and trees included In the landscape schedule will be figured into the tree replacement calculation (Number of Caliper Inches). TREE PRESERVATION PLAN 1. A tree preservation plan and diagram must be included to prated the trees listed In the inventory to be preserved which are In close proadmity to the construction zone. 2. 'No significant trees shall be removed until a tme preservation plan Is approved by the City of Oak Park Heights,' this must be included in the plans. LANDSCAPE PLAN -0yeraflLLan¢sca2e Plan The design includes a satisfactory selection of tree and shrub species to be planted on alts. Two (2) evergreen tr" species, an ornamental deciduous tree species, and five (5) shrub species, ((29) shrubs total). Plant species included in the plans are acceptable and will complement the site well. 1. The planting list Includes a variety of native or Improved native cultivars, specs that are hardy under local growing conditions, those that are relatively Insect/disease free and fairly low maintenance. 2. The sizes of all replacement evergreen tree species, ornamental tree species, and shrubs are of minimum size requirements for replacement trees. ,• :r: r,: L r f . .a !t rM 1. The plans must include {fie top two nings of wire baskete on all B&B planting stock shall be removed once tree is in the planting hole, prior to baddlling. The landscape contractor for the project is required to plant all trees and shrubs according to the approved landscape plan. This will be inspected by the City Arborist after planting and any deviations from the detali will need to be comacted before the landscaping will be approved by the City. This needs to be Included in the !sinal submitted landscaping plane. 2. Trees proposed to be planted around buildings and high use common areas of the site should be nursery stock of high quality with straight central leaders and not 'park -grade° trees. Please contact me if you have any questions regarding this landscape pian review. Please forward my comments to the development team for this project. 2 TREE CITY U,S.A, Page 152 of 254 Stantec Consufflnu Serokm Esc, 2935 Highway 36 West St. Pau! MN 55113 to. (651)636-4600 Fax: (651) 6361317 July 8, 2oi6 r Mr. Erie Johnson, Administrator City of Oak Park Heights 14168 Oak Park Blvd. N., PA Box 2007 Oak Park Heights, MN 55o82-2oo7 Reference: Xcel Baytown Substation - Review of Preliminary Plane Dear Erie, We have performed a review of the preliminary plan submitted 6/14/2016 regarding the proposed Xcel Baytown Substation project. Detailed review of the stormwater calculations and drainage structures will be forthcoming. Following are our comments and recommendations-, etormwater/Drainage i. The project is subject to review by the Middle SL Croix Watershed Management Organimtion. The City shall be provided a copy of the permit approval letter from the MSCWMO prior to construction activity, 2. The site is located within the City's Higb Vulnerrability Drinking Water Supply Mana�g�ement Area, and infiltration cannot be allowed per the NPDLS oonsftedon perm 3. A detailed review of the starmwater calculations and drainage structures will be fortheoming. It will need to be verified that the proposed discharge to the existing storm sewer system to the north east will not adversely affect the system. Site Plan 1. Landscaping and fencing to be reviewed by others, Grading and Erosion Cont ml Plan As indicated previously, the site is located within the City's High Vulnerability Drinking Water Supply Management Area, and infiltration cannot be allowed per the NPDES Construction Stormwater Permit, 2. The stormwater facilities proposed for the site shall be considered private and shall be owned and maintained by the Owner. 3. Show the extents of the erosion control measures for the slopes and other areas to be stabilized on the grading plan or separate erosion control plan. Page 153 of 254 Mr. Eric Jvhnson Page z of s R,efere -, xcel Baytown substation - Review of Pr+erurinary Plana 4. The City reserves the right to require additional erosion control measures as determined jnecmsary during the construction of the project. General Comments i. The City reserves the right to inazect the construction of the project. 2. The Owner will need to comply with an requirements ofthe NPDES Construction 3tormwater Permit and the Middle St. Croix Watershed Management Organization. The City reserves the right to require additional eroeion control measures as determined nmmary during the eonatxiu tion of the project. 3. The Owner shall be responsible for obtaining all required permits. If you have any questions or require further information, please do not hesitate to contact me. Regards, ST,ANTEC,CONSTILnNG SERVICES EVC. Lee M. Mann, P.E. City Engineer Phone: 6-xu-6o4-485o lee.mami@Staritee.com cc: .Andy Kegley, Public Works Director Julie Hultman, Building Official Scott Richards, City Planner Mark Vierhng, City Attorney Use Danielson, CityArborist Page 154 of 254 A RECOMMENDING RESOLUTION OF THE PLANNING COAUMSSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE XCEL ENERGY SUBSTATION ON NOVA SCOTIA AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for an Amended Conditional Use Permit to allow the expansion of the Xcel Energy Substation on Nova Scotia Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-4 Limited Business District in which electrical substations with open and outdoor equipment is a listed conditional use; and 4. The original Conditional Use Permit was approved by the City in 1990, and the fence for the facility was approved in 2007; and 5. The existing substation is deemed to be at capacity which will require a second transformer, switchgear, a new electric feeder line and an electrical equipment enclosure; and 6. City staff prepared a planning report dated June 6, 2016 reviewing the request; and Page 155 of 254 7. Said report recommended approval of the Amended Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their July 14, 2016 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMNIISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMNIISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Xcel Energy for an Amended Conditional Use Permit to allow the expansion of the Xcel Energy Substation on Nova Scotia Avenue and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: Any non -security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. The tree removal and landscape plan is subject to review and approval of the City Arborist. 3. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. 4. The City will not require conformance with the Design Guidelines for the project. 5. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. Recommended by the Planning Commission of the City of Oak Park Heights this 14'h day of July, 2016. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator Page 156 of 254 ATTACHMENT A Conditional Use Permit Amendment For Xcel Energy Electric Substation (Baytown Substation) Expansion Located at Nova Scotia Ave. N. Washington County Property Identification Number: 05.029.20.1 I.0032 Page 157 of 254 ATTACHMENT B Conditional Use Permit Amendment For Xcel Energy Electric Substation (Baytown Substation) Expansion Located at Nova Scotia Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed Application Submittal Review With City Staff: June 29, 2016 Planning Commission Public Hearing & Recommendation: July 14, 2016 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.C.5) Page 158 of 254 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR AN AMENDED CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE XCEL ENERGY SUBSTATION ON NOVA SCOTIA AVENUE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for an Amended Conditional Use Permit to allow the expansion of the Xcel Energy Substation on Nova Scotia Avenue; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-4 Limited Business District in which electrical substations with open and outdoor equipment is a listed conditional use; and 4. The original Conditional Use Permit was approved by the City in 1990, and the fence for the facility was approved in 2007; and 5. The existing substation is deemed to be at capacity which will require a second transformer, switchgear, a new electric feeder line and an electrical equipment enclosure; and 6. City staff prepared a planning report dated June 6, 2016 reviewing the request; and Page 159 of 254 7. Said report recommended approval of the Amended Conditional Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their July 14, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application for approval with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Xcel Energy for an Amended Conditional Use Permit to allow the expansion of the Xcel Energy Substation on Nova Scotia Avenue and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. Any non -security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. The tree removal and landscape plan is subject to review and approval of the City Arborist. 3. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. 4. The City will not require conformance with the Design Guidelines for the project, Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. Approved by the City Council of the City of Oak Park Heights this 20 day of July, 2016. ATTEST: Eric A. Johnson, City Administrator Mary McComber, Mayor 2 Page 160 of 254 ATTACHMENT A Conditional Use Permit Amendment For Xcel Energy Electric Substation (Baytown Substation) Expansion Located at Nova Scotia Ave. N. Washington County Property Identification Number: 05.029.20.11.0032 Page 161 of 254 ATTACHMENT B Conditional Use Permit Amendment For XceI Energy Electric Substation (Baytown Substation) Expansion Located at Nova Scotia Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (3507150' from subject property) • Proof of Ownership or Authorization to Proceed Application Submittal Review With City Staff. June 29, 2016 Planning Commission Public Hearing & Recommendation: July 14, 2016 Required Approvals: CUP Amendment City Council 4/5 Conditional Use Permit - Lapse of Approval. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) CUP Amendment: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401, (401.03.0.5) Page 162 of 254