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HomeMy WebLinkAbout2016-08-31 OPH Ltr to CA Forwarding Document For Recording CITY OF OAK PARK HEIGHTS •' 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 . i4 <'? August 31, 2016 Mr. Mark Vierling Eckberg, Lammers, Briggs,Wolff&Vierling Attorneys at Law 1809 Northwestern Ave. Stillwater, MN 55082 Re: Xcel Energy Nova Scotia Avenue Substation (Baytown Substation) —CUP OPH File No.: 2016-06.08 TPC File No.: 236.02-16.08 Dear Mr. Vierling: Enclosed herewith for filing with the Washington County Recorder's Office, please find a copy • " he,,ove-referenced document. Notice of Certification has been attached. if ' gards,/ -io nson ty ministrator EJ: ' h Enclosure Tree City U.S.A. NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit Xcel Energy Nova Scotia Avenue Substation (Baytown Substation) Nova Scotia Ave. N. with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Par Heights, this 31st day of August, //// / 1 2016. /// / .--4-: ;,' r r" - /L-V ''' .-; g, -,-- .' : -, Eric , h fnson CityfAdministrator ,/,',• '` 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. f r CITY OF OAK P .' HEIGHTS I► - Date: By rez1r 6;116 McComber,Mayor Date: By Or/ Eric Johnson City Administrator XCEL ENERGY Date: • /6--020/6 B iv ,��, �0 Y Its gr, Exhibit 1 Substation Legal Description PID#05.029.20.11.0032 , , EXHIBIT 2 Planners Report , Endoataku a801 Thurston Avenue N,Suite 100 Anoka, MN 663oa Rhone:7ea.231.G64o Faoa n Je:788.427.0620 TPC®Rannln9Co.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 8,2018 RE: Oak Park Heights - Xcel Energy Substation - . Amended Conditional Use to Allow Expansion-Nova Scotia Avenue FILE NO: 238.02-18.08 BACKGROUND Brian Sullivan of Xcel Energy has made application 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 line. The 'equipment upgrades include a new electrical equipment enclosure. The fenced area will be expanded to accommodate the additional equipment The property Is zoned 13-4, Limited Business District In which electrical substations with open end outdoor equipment Is a listed conditional use. The original Conditional Use Permit was approved by the City in 1990, and the fence for the facility was approved In 2001. 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 Exhibit 6: Contour end Grading Layout Sections Exhibit 7: Contour and Grading Layout Details Exhibit 8: Contour and Grading Layout Details Exhibit 9: Contour and Grading Layout SWPPP Plan Exhibit 10: Electrical Layout, 115KV Sections Page 132 of 254 Exhibit 11: Electrical Equipment Enclosure Plan Exhibit 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 es follows: Project Summary: Xcel Energy is proposing to expend the existing Baytown electrical substation. The expansion will provide reliable electric service to the businesses and residential customers M Oak Park Heights end 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. Xcel is requesting an amendment to the CUP to allow the proposed improvements. Site: The substation property is approximately 1.5 awes in 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 that will be used for storm water management purposes. A wetland investigation verified that there ars no wetlands on the property. The surrounding land uses are commercial in nature. Goodwill has a retail&citify to the east of the substation with en access drive end a monument sign to the south. Also to the south we existing electric transmission power lines that provide the power for the substation. Project Overview:: Xcel Energy has recently conducted a study of the electrical 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 a 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 second transformer, swltchgear, and a new electric feeder line will be Installed. Equipment upgrades,Include a new electrical equipment enclosure which hes among other things enhanced monitoring capabilities. Landscape Plan: The proposed landscape plan is attached. The plan Includes a mix of deciduous and evergreen trees that WI provide screening from surrounding uses. Because of clearance requirements below power lines, plant material below the power lines has been limited to species that grow to a height of 15 feet Xcel Energy is proposing to 2 Page 133 of 254 enclose the expanded facility with the same wood privacy fence used to screen the original substation. Security and Design issues: Per the National Electric Safety Code, the substation will have an 8-foot-tall wood security fence surrounding the facilities. 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. Access and Parking: Access will be via an existing drive off of Nova Scotia Avenue North. As noted earlier this is en unmanned fedlay. Parking will be provided within the substation facility end the access afire 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 Permit was approved by the City in 1990, 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. Parking and Traffic. The substation does not have employees. Parking is available within the substation facility and on the access drive to the substation. Lighting. The facility is not proposed to be lit Security lighting is provided but is not activated unless needed for emergency repairs. Any non-security lighting, 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 pian has been provided indicating the locations of new plantings. The tree removal and landscape pian 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. 3 Page 134 of 254 Design Guidelines. An electric equipment enclosure will be located at the south side of the substation and within 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 building structure and lighting fixtures that ars 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 conformity, environmental issues and impacts of the proposed project in making its recommendation. The Conditional Use Permit criteria, found in Section 401.03A.7 of the Zoning Ordinance,we found as follows: 1. Relationship to the specific policies and provisions of the munlalpsl comprehensive plan. 2. The conformity with present and future lend uses In the wee. 3. The environmental issues end geographic area involved. 4. Whether the use will tend to or actually depreciate the wee in which tis proposed 5. The impact on chewier of the surmunding area. 6 The demonstated need for such use. 7. Traffic generation by the use In relation to capabllttles of streets serving the property. 8. The impact upon existing public:services and facflMies including parks, schools, sweets, and utilities,and the CXy's service rspaoity. S. The proposed use's oonlbrmlty with all performance standards contained herein (Le., parking,loading, noise,etc.). 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 commercial 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 will 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 fol owing conditions: 1. My 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. 4 Page 135 of 254 3. The expanded area shall be enclosed with the same solid wail 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. 8. The Applicant shalt address and correct the nuisance building conditions(peeling paint)as found on the primary building structure Lure at the Bayport Substation. 7. The Applicant shall replace all building lighting fixtures on the primary building structure at the Bayport Substation withh full cut off lighting. 8. No work is permitted nor shall commence at the Baytown Substation on Nova Scotia until the Bayport Substation Is brought into compliance with the building conditions and lighting at the Bayport Substation. Pc: Julie Hultman 5 Page 136 of 254 px. 411 -44) xceI Energy 414 Mold PI tce�sEttstE BY IATUIE0 MInnsapalls,M UM 1404ii6Y redenessymmt Conditional Use Permit Application Baytown Substation June 9,2016 Applicant: Northern States Power Co. d/b/a Xcel Energy 414 Nicollet Mall, 08 Minneapolis, MN 55401 Brian Sullivan:612-330-5825 Email:brlan.e.syiliivanlii ienerov.caom Property Owner: Northern States Power Co.d/b/a Xcel Energy 414 Nicollet Mail, 06 Minneapolis, MN 55401 Parcel ID Number 05.02820.11.0032 Project Summary: Xcel Energy is proposing to expand the existing 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 le in size and is currently used as a distribution electric substation.Xoel 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 Xcel Ene7/ • 414 Maid MO Oi 1111140i11111.111 1Y vilify'me linnnpola,MOS181 1 rgawagYaxen substation with an access drive and a monument sign to the south. Also to the south are existing electric transmission pow Gyres that provide the power for the substation. The City of Oak Park Heights approved a Conditional Use Permit for the existing facility In 1990 and Xcel Energy received approval for a fencing plan in 2007. Project Overview: Xcel Energy has 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 rid second transformer,switchgear and a new electric feeder line will be installed. Equipment upgrades Include a new electrical equipment enclosure which has among other things enhanced monitoring capabilities. Zoning: Jurisdiction Is Oak Park Heights Existing Zoning: Limited Business District Proposed Use: Essential Services—Public Utility Substation(34.5kV) Conditional Use Permit we Is required for Essential Services Operational Plan: The proposed facility is designed to alleviate overloading of the existing electric system in Oak Park Heights and the surrounding communities. The substation is an unmanned facility that is monitored remotely from our operations control center. Periodically technicians will inspect the substation facilities. Landscape Plan: The proposed landscape plan is attached. The plan includes a mbc of deciduous and evergreen trees and shrubs that will provide screening from surrounding uses. Because of clearance requirements below power lines plant material below the power lines has been limited to species that grow to a height of 16'. Xcel Energy is proposing to enclose the expanded facility with the same wood privacy 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 facilities.The substation is also equipped with alarms that are continuously monitored by our operations center. Security lighting is provided,-but and is not activated unless needed for emergency repairs. Page 138 of 254 9 XcelEnergy° 414w.Oet1111 06 ItEf/06010Lt ET NATURE* 11nrapo0,,n]apr 1-8018134119 xcelonaremoin Access and Parking: Access will be via an eodsting,drive off of Nova Scotia Ave. N. As noted earlier this is an unmanned facility. Parldng will be providedwithin the substation facility and the access drive to the substation. Xcel Energy submits this application for an Amended Conditional Use Permit for review by the City of Oak Park Heights to ensure that this facility is compatible 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, litodee00,..1„, r:)/44441.-% ... Brian Sullivan Siting and Land Rights Agent P:612.330.5925 l 0:612.366.0234 I F:612.329.3096 Email: brlan.e.suilivan©xceienergy.cxim Page 139 of 254 x J ix r rrrrr '. ' 'ii k ,,', ` '- Ell as I P11 . c t ix ttrxr I I .---*-- -,-: ' ,0 , ,„,,....iiiii.k.„ 41, ___,,.—:, - : i 1 r' -. h 1rirlU. I ill1:1..m :;',.' ;t ',_.:1;-.---..... . . -:;. 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Ah: I. iit h. 11 11 ,I, if I/ I itII #- l'' • I iji jri72----t---=:.: I' i t. ffg r ! 1 y.__. a li . _._ ___ , ii i J ir � o ' If i V 11- -1 -1 Mill, i II. 1 1 I I LI ihi iaIIill 1' �+ • I i i k1 f. 11 ' 1 ' + I ----- .. . . ,� 1i 11 'mo=w j - - 1 — ' Iv_ aMr�R 1 , Li -•-. , il .„ _ri J ___ ___ roe... ill.ge 149 of 254 Q X . ' tlIl (11 pa --, 1 hiilii I I i, . -LI-- , l ' , , W li.•e 1** g i 1 I. i ' ! ! liiii . i lI w� W 0: :i'll i I i ; 1 i i ji 1 I1‘ I e f .... 1 r .� f ° r I‘ 11:. !It i I .1 I I „ , r , r I 1 i a _ it ►, �+. rt ��- \ V \ --/ \4.,... 1.3...... _....21....„ ...? . I ... \ . 1{1 r ; -f :_ � � t.--1,..--- „.. IL 1-, „I re 't.jii i n + w . . v1� rj I , r1 . ci,,... yt:1 I rr- r i 1 ., h 1 40:,-,1" - 4glikT. . 41141( ,ok.r,Arifp rk, \ I 1 I ,;.1-ep A, - I. I ‘ I 1 ...."'::,;.1/11 i ; Ns)... /--,-,, /.1 a „, sa,.....4., 1., jw.... ., „, ,, E I 11 . 001,10,„,...:..iii.,),p 1%. — \:‘ i � . f 1 r �! f r 1 _ \:\� ! I ,..--- � , \ i ( ( Vii' 14..::� t � ;" - / 140 1 ( .." LI 1 ,, 1 kt...4*!, al .,-----(,-N..,;\ - \\ t / 1 1 1 _, a i ; it ,..- / v. ) \ . • 41 •f 1 I I h 6 1Y,'; : aI -moi,,�` ;Jr.,/. iii 1 i Il g �Z.,.t f ../ ` ../r ._ '_`_ '+flirt .--_ w..T. '► 1 g 1 I kl m li 1 1 i I: i i---jl---ql : i F♦[ 1 1 _.�._,...._ __...�..____ P:ge 150 of 254 Ex if 1. City of Oak Park Heights 14168 Oak Park Blvd N..Box 2007 Oak Park Height MN 55082•Phone(651)439-4439*Fax 439-0574 Memorandum To Eric Johnson,City Administrator Cc: Scott Richards, City Flamer,Julie Hultman,Buiidkg Official From: Lisa Danielson,Arborist Data 07/1/2016 Ree Baytown Substation-Landscape Plan Review I have reviewed the landscape plan submitted by NSP dated 06110/16 and the tree inventory dated 06/09/2016.The following includes my comments and/or recommendations: TREE INVENTORY The tree Inventory provided is Incomplete. A spreadsheet/table 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 bines TBR. {The plan states TW 6• 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 11-15)and City Ordinance 1307. TREE CITY U.S.A. Page 151 or 254 Once a completed tree inventory is submitted to the City,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 protect the trees listed In the inventory to be preserved which are in close proximity to the construction zone. 2. °No significant trees shall be removed until a tree preservation plan Is approved by the City of Oak Park Heights,'this must be included in the plans. LANDSCAPE PLAN Overall Landscsoe Plan The design includes a satisfactory selection of tree and shrub species to be planted on site. Two (2) evergreen tree species, an ornamental dedduoue tree species, and five (5) shrub species, ((29) shrubs total). Plant species included in the plane are acceptable and will complement the site well. J.endscaoe Schedule Meer Schedule) 1. The planting list includes a variety of native or Improved native cultivars, species that are hardy under local growing conditions, those that are relatively insect/disease free end fairly low maintenance. 2. The sizes of all replacement evergreen tree species, ornamental free species, and shrubs are of minimum size requirements for replacement trees. Lerrdscaoe Mores(Recline Soec e) 1. The plans must Include the top two rungs of wire baskets on all B&B planting stock shall be removed once tree is In the planting hole,prior to backfilling.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 detail will need to be corrected before the landscaping will be approved by the City. This needs to be Included in the final 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 centra!leaders and not°park-grade°trees. Please contact me if you have any questions regarding this landscape plan review. Please forward my comments to the development team for this project. 2 TREE CITY U.S.A. Page 152 01254 si. Skidoo Consulting ssawlcas inc. 2.335 Highway 36 West 5t.Parr!MN 55113 ref:(651)636.4600 Fax(651)636-1317 July 8,2016 Mr.Erie Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd.N.,P.O.Box sow? Oak Park Heights,MN 55082-2007 Reference: Xcel Baytown Substation- Review of Prelhuinary Plans Dear Erie, We have performed a review of the preliminary plans submitted 6/14/2016 regarding the proposed reel Baytown Substation project.Detailed review of the storn:water calculations and drainage structures will be forthcoming.Following are our comments and recommendations: S ormwater/Drafnsge 2. The project is subject to review by the Middle St Croix Watershed Management Organisation.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 High Vulnerability Drinking Water Supply Management Area,and infiltration cannot be allowed per the NPDES construction 3. A detailed review of the stormwater calculations and drainage structures will be forthcoming. 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 Control Plan i. 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 Storrnwater Permit. 2. The stormwater facilities proposed for the site shall be considered private and shall be owned and maintained by the Owner. 3. Showthe 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 or 254 Mr.Eric Johnson Page 2 of 2 Reference:XaeI Baytown Substation- Review of Preliminary Plans 4. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. General Comments 1. The City reserves the right to inspect the construction of the project. 2. The Owner will need to comply with all requirements of the NPDES Construction 8tormwater Permit and the Middle St.Croix Watershed Management Organization.The City reserves the right to require additional erosion control measures as determined necessary during the construction 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.!!►NTEC CONSULTING SERVICES INC. 4371 Qr Lee M.Mann,P.E. City Engineer Phone:651.-604--4850 lee.mann®stantec.com cc: Andy Kegley,Public Works Director Julie Hultman,Building Official Scott Richards,City Planner Mark Vierling,City Attorney Lisa Danielson,CityArborilst Page 154 of 254 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION 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 S. 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 { t 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 COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION 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: 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. 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 14th day of July,2016. Jim Kremer,Chair ATTEST: Eric A.Johnson,City Administrator 2 Page 156 of 254 ATTACHMENT A 4411 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 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 • AppIication Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150' 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. 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. Approved by the City Council of the City of Oak Park Heights this 26th day of July,2016. Mary McComber,Mayor ATTEST: Eric A.Johnson,City Administrator 2 Page 160 of 254 ATTACHMENT A T :I. 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 ill.' 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 • MaiIing List from Washington County(350'/150' 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 162 of 254