HomeMy WebLinkAbout2017-02-16 OPH Email to Applicant forwarding Document for Signature Julie Hultman
From: Eric Johnson
Sent: Thursday, February 16, 2017 10:31 AM
To: Zellmer, Thomas D
Cc: Jurek, Colette C; Capra, Randy A
Subject: Emailing: Xcel Energy - Interim Use Permit -Jan 2017
Attachments: Xcel Energy - Interim Use Permit - Jan 2017.pdf
2/16/17
Thomas,
See the attached document.
Please print off 3 copies of page 3 - have executed by Xcel Energy-and get all three originals to me in the next ten days.
We will then execute these as well.
It is not valid until fully signed by the City.
Thank you
Eric
Your message is ready to be sent with the following file or link attachments:
Xcel Energy- Interim Use Permit-Jan 2017
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1
CITY OF OAK PARK HEIGHTS
AMENDED INTERIM USE PERMIT
FOR
XCEL ENERGY
NWAC File No.236.02-13.03 Amended Permit Issued:January 24,2017
Legal Description:
See"Exhibit A"Legal description attached hereto
Owner: Xcel Energy
Address: 414 Nicollet Mall
Minneapolis,Minnesota
Applicant: same
Site Address: 1103 King Plant Road
Oak Park Heights,MN 55082
Present Zoning District: I-Industrial
Permitted uses set forth in Ordinance 401 Section 401.05 C-Interim Use Requirements: Code Section 308.01 et
seq; Sec 401.03 A.7 River Impact District.
I. AMENDED INTERIM USE PERMIT FOR:
To allow for the placement of a temporary storage tent and temporary office trailers over a five-year
period at the A.S. King Power Plant at 1103 King Plant Road
1. The Interim Use of the site by Edward Kraemer shall not extend beyond May 31, 2021. The applicant
may request an extension of the Interim Use Permit by the City Council prior to its expiration.
2. The tentative schedule for placement of the storage tent and office trailers is as follows:
A. Storage Tent Quantity and Durations:
2017: 1 tent from 2/15/17—5/31/17
2020: 1 tent from 2/15/20—5/31/20
B. Quantity and Durations:
INTERIM USE PERMIT 1 of 15
2017: Up to 4 trailers from 3/1/17—5/31/17
2018: Up to 8 trailers from 1/1/18—7/31/18
2019: Up to 4 trailers from 2/1/19—5/31/19
2020: Up to 8 trailers from 1/1/20—7/31/20
2021: Up to 4 trailers from 2/1/21 —5/31/21
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following
conditions:
1. The storage tents shall be removed by May 31,2020 and office trailers shall be
removed by May 31, 2021.
2. Xcel Energy shall apply for a new Interim Use Permit for all temporary structures
including storage tents to be placed at the AS King Plant after May 31,2021 and office trailers after
May 31,2021.
3. Any freestanding or building lighting shall be in compliance with the Zoning
Ordinance and subject to review and approval of City staff
4. Anychanges to the
grade or drainage associated with the trailer placement shall
be subject to review and approval of the City Engineer and applicable watershed district if necessary.
5. The City Engineer shall comment on the traffic resulting from the increased
personnel at the plant. Any traffic control measures required by the City Engineer will be
implemented by Xcel Energy.
6. Xcel shall be required to comply with any permitting requirements of the City and
any further review and comment by the DNR.
II. The applicant has submitted a site drawing and supporting documentation to the Community Development
Department attached as part of the planning report.The planning report of January 4,2017 and its attachments
are annexed hereto and incorporated herein.
III. This Interim Use Permit is issued in addition to and not in replacement of any other permits previously
issued by the City to this permit holder.
INTERIM USE PERMIT 2 of 15
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
Date: By
Mary McComber,Mayor
Date: By
Eric Johnson
City Administrator
Xcel Energy
Date: By
Its
INTERIM USE PERMIT 3 of 15
Exhibit 1
A.S. King Plant
legal description
Interim Use Permit(IUP)
Allowing Placement of Temporary Storage Tent&Office Trailers
At the Xcel Energy A.S.King Plant-1103 Ding Plant Road
Legally described as:
That part of Government Lots 2 and 3 n Sect on 2,Township 29 North,Range 20 West;and also,
that part of the NE Y44 Section 3,Township 29 North,Range 20 West,add also,that part of
Government Lot 5 in Section 34,Township 30 North,Range 20,West,Washington County;
Minnesota. All to be described as follows:
(NOTE:BASIS OF BEARINGS for this description is the South line of Government Lot 2,
Section 2,Township 29 North,Range 20 West being North 88 degrees 48 minutes, 16 seconds
East)
Beginning at an iron monument(found 4 inch well casing)at the Southeast corner of the SE1/4
of the NE1/4 of Section 3,Township 29 North,Range 20 West;thence West along the South line
of Said SE1/4 of the NE1/4 of Section 3 on a bearing of South 88 degtees 47 minutes,45
seconds West a distance of 333.03 feet to the Northeasterly right-of-way line of the Chicago,St.
Paul and Minneapolis and Omaha Railroad;thence North 38 degrees 03 minutes 13 seconds
West along the Northeasterly right-of-way line of said railroad a distance of 3523.22 feet(to an
aluminum cap monument stamped JLM RLS#15835);thence continuing along said railroad
right-of-way on a tangential curve,concave to the Northeast having a central angle of 6 degrees
51 minutes 52 seconds,a radius of 3057.16 feet,a chord bearing of North 34 degrees 37 minutes
17 seconds,West with a chord distance of 366.05 feet to the South line of the North 700.00 feet
of Government Lot 5 in Section 34,Township 30 North,Range 20 West(set an aluminum cap
stamped JLM RLS#15835);thence North 88 degrees 47 minutes 54 seconds East along said
South line of the North 700.00 feet of said Government Lot 5for a distance of 440.23 feet to its
intersection with the southwesterly right-of-way of former Chicago,Milwaukee,St.Paul and
Pacific Railway Company,thence along said railway right-of-way southeasterly on a concave
curve to the Northeast,having a central angle of 01 degrees 28 minutes 21 seconds,a radius of
5770.65 feet,a chord bearding of South 30 degrees 27 minutes 20 seconds East with a chord
distance of 148.53 feet to an aluminum cap stamped JLM RLS#15835,thence North 58 degrees
48 minutes,30 seconds East radial to said curve a distance of 105.60 feet to the southeast corner
of the property described in Book 303 of Deeds,page 772 in the Washington County Recorder's
office(found brass cap in concrete);thence North 01 degrees 12 minutes 06 seconds West along
the east line of said last described deed a distance of 0.50 fee to an aluminum cap stamped JLM
RLS#15835 said point also being the southwesterly corner of a tract of land recorded as
INTERIM USE PERMIT 4 of 15
•
Document No.629805 at the Washington County Recorder's office;thence North 58 degrees 48
minutes 30 seconds East along the Southerly line of said Document No.629805 a distance of
157.02 feet to an aluminum cap stamped JLM RLS#15835;thence North 01 degrees 12 minutes
06 seconds West along the East line of said Document No.629805 a distance of 597.81 feet to an
aluminum cap stamped JLM RLD#15835,said point also being 100.00 feet South of the North
line of Government Lot 5,in Section 34,Township 30 North,Range 20 West;thence on a line
100.00 feet South of an parallel to said North line of Government Lot 5 having a bearing of
North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St.Croix;thence
Southeasterly along said shoreline of Lake St.Croix to its intersection with the South line of
Government Lot 3 in Section 02,Township 29 North,Range 20 West;thence Westerly along the
southerly line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds
West a distance of 1683.27 fee,to a monument(found a 4 inch well casing)at the Southwest
corner of said Government Lot 3,in Section 02;thence Westerly along the South line of
Government Lot 2 in Section 02 on a bearing of 88 degrees 48 minutes 16 seconds West a
distance of 1320.00 feet to the point ofbeginning.
EXCEPT:That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1,
both in Section 3,Township 29 North,Range 20 West and Government Lot 5 of Section 34,
Township 30 North,Range 20 West,as shown as Parcel 63B on Minnesota Department of
Transportation Right-of-Way Plat numbered 82-78 as the same is on file and of record in the
office of the Registrar of Titles in and for Washington County,Minnesota.
EXCEPT:That part of the South half of the Northeast Quarter of Section 3,Township 29 North;
Range 20 West,shown as Parcel 63C on Minnesota Department of Transportation Right-of-Way
Plat numbered 82-79 as the same is on file and of record in the office of the Registrar of Titles in
an for Washington County,Minnesota.
Washington County GEA Code: 34-03-020-43-0005
INTERIM USE PERMIT 5 of 15
EXHIBIT 2
SITE PLAN AND
PROJECT ATTACHMENTS
AND PLANNERS REPORT
January 4, 2017
•
INTERIM USE PERMIT 6 of 15
1
TPC3601 Thurston Avenue N,Suite 100 E LOSU 2
Anoka, MN 55303
Phone:763.231.5840
Facsimile:783.427.0520
TPC@PlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: January 4, 2017
RE: Oak Park Heights — Xcel Energy I A.S. King Plant — Interim Use
Permit for Temporary Storage Tent and Office Trailers— Five Year
Plan
FILE NO: 236.02—16.11
BACKGROUND
Thomas Zelimer, representing Xcel Energy, has made application for an Interim Use
Permit to allow placement of a temporary storage tent and office trailers at the A.S. King
Power Plant, The plant is located at 1103 King Plant Road and is adjacent to the St.
Croix River. The storage tent will be in place from the middle of February 2017 through
the end of May 2017 and during the same time period in 2020 for the storage of
replacement parts for the boiler. The trailers are to be used for a temporary increase in
administrative and engineering personnel while the plant is shut down for maintenance.
The Interim Use Permit will be put into place for a five-year period as the temporary
trailers will be moved on and off the site as needed.
The property is zoned I, Industrial District in which power plants and accessory
structures are a permitted use. The King Plant is also in a River Impact District which
requires a conditional use permit for permanent structures. In that the request is for
temporary placement of the tents and trailers, the application is treated as an interim
use, not a conditional use.
Attached for reference:
Exhibit 1: Project Narrative, Jim Mueffelman
Exhibit 2: Site Plan—Tent and Trailer Locations
Exhibit 3: Pictures of Tent and Trailers
INTERIM USE PERMIT 7 of 15
ISSUES ANALYSIS
Project Description. The Five-Year Plan as provided by Xcel Energy in the project
application is as follows:
Below are the best estimates for proposed temporary interim use tents and trailers for
the years 2017-2021, based on information known as of January 3, 2017.
A. Temporary storage tent
Purpose: Storage of bulky boiler parts for scheduled replacements. These parts
must be stored onsite until they can be installed within the plant, and they must
remain sheltered from rain and snow.
Description: Gabled metal frame structure with white fabric roof and sidewalls
(see photo).
Size: 50W x1101.x 15'H
Quantity and Durations:
2017: 1 tent from 2/15/17—5/331/17
2020: 1 tent from 2/15/20—5/31/20
Location: As shown on Site Arrangement drawing.
B. Temporary office trailers
Purpose: Provide office space for additional administrative, engineering, and
craft personnel during scheduled annual maintenance outages. The work during
each of the time periods involves equipment upgrades and replacements vital to
the operational success of the plant;the scope of these projects necessitates an
increase in personnel for execution and implementation. The number of
additional employees will be approximately 75 for odd number years and 150 for
even-number years, in addition to the permanent plant workforce of 110
employees.
Description: Standard mobile office trailers(see photo).
Size: 10'W x 40'L x 8'H
Quantity and Durations:
2017: Up to 4 trailers from 3/1/17—5/31/17
2018: Up to 8 trailers from 1/1/18— 7/31/18
2019: Up to 4 trailers from 2/1/19— 5/31/19
2020: Up to 8 trailers from 1/1/20— 7/31/20
2021: Up to 4 trailers from 2/1/21— 5/31/21
2
INTERIM USE PERMIT 8 of 15
Restrooms: Temporary portable restrooms will be located near each of the
groups of trailers for the additional employees.
Parking: Additional employees will park in designated areas adjacent to the
trailers.
Locations: Trailer and parking locations as shown on Site Arrangement drawing.
City Staff has encouraged Xcel Energy to develop a Five-Year Plan instead of applying
for an Interim Use Permit every time that a new request for a storage tent or office trailer
is required. This process will significantly reduce the time and expense of multiple
applications. If a slight change in the schedule is required, a condition will be added to
allow City Staff to make the change without having Xcel Energy go through the entire
public hearing and approval process.
Comprehensive Plan. The Comprehensive Plan designates this area as Industrial
Land Use. The power plant and its accessory structures are recognized as Industrial
Land Uses consistent with the maps and policies of the plan.
Zoning Ordinance. The site is zoned I, industrial District in which power plants and
accessory structures are a permitted use. The King Plant is also in the River Impact
District which requires a conditional use permit for significant changes to the plant. The
temporary use of the tents and trailers is not considered a permanent or significant
change to the plant site, thus will require an interim Use Permit. Section 401.32.0 lists
temporary office and administrative structures as an interim use in the I District.
Parking. The site currently has 117 permanent parking spaces on an existing blacktop
surface. An additional parking area of 400 spaces on gravel outside of the fence may
be used for the additional temporary personnel. The number of permanent plant
employees is 110 with another 75 to 150 contract employees during the plant
maintenance.
Parking calculations for the plant are as follows:
Existing Office Space:
18,400 square feet x .9= 16,560/200 =83 +3= 86 parking spaces
Temporary Office Space(8 trailers at peak times)
3,200 square feet x .9 =2,880/200= 14 +3 = 17 parking spaces
As per the Zoning Ordinance requirements, 103 parking spaces are required both for
the existing office space and when the maximum number of office trailers are on site at
one time. The combination of the 117 spaces on the blacktop and 400 spaces on the
3
INTERIM USE PERMIT 9 of 15
gravel with additional parking adjacent to the trailers will be more than adequate for the
number of people that will be employed at the plant during the maintenance.
Lighting. No additional lighting has been proposed. Existing site lighting will be
utilized in the areas where the trailers are to be placed. Any new lighting of the site will
need to be in compliance with the Zoning Ordinance and subject to review and approval
of City Staff.
Trash Handling. All trash and recycling for the trailers will be handled with the existing
facilities on site.
Restrooms. The trailers will not contain restroom facilities. The existing restroom
facilities In adjacent buildings and portable toilets will be utilized.
Grading and Drainage. There will be no grading or drainage issues with the proposal
for the trailers.The trailers will be placed on existing gravel surfaces.
Tree Preservation. There will be no trees removed for placement of the trailers.
Setbacks. The trailers will be compliant with all lot line and shore land building
setbacks of the Zoning Ordinance.
Department of Natural Resources. The Department of Natural Resources(DNR) has
been notified of the request. The Interim Use Permit approval by the City is subject to
any further review or comments by the DNR.
Design Guidelines. In that the trailer structures are temporary, they are not subject to
Design Guideline Review.
Conditional Use Permit — River Impact District. The Planning Commission shall
consider the conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, as part of its review.
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area Involved.
4. Whether the use will tend to or actually depreciate the area in which ft is proposed.
5. The impact on character of the surrounding area.
8. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Due to the location of the King Plant in an industrial area, and the minimal impact the
tent and trailer structures will have on the site, the project is consistent with the above
4
INTERIM USE PERMIT 10 of 15
criteria. The City Engineer should comment on any traffic concerns with having
additional employees utilizing the roadways adjacent to the plant.
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, City staff recommends approval of the Interim Use
Permit for the Five-Year Plan to allow placement of temporary storage tents and office
trailers at the A.S. King Plant subject to the following conditions:
1. The storage tents shall be removed by May 31, 2020 and office trailers shall be
removed by May 31, 2021.
2. Xcel Energy shall apply for a new Interim Use Permit for all temporary structures
induding storage tents to be placed at the AS King Plant after May 31, 2021 and
office trailers after May 31, 2021.
3. Any freestanding or building lighting shall be in compliance with the Zoning
Ordinance and subject to review and approval of City staff.
4. Any changes to the grade or drainage associated with the trailer placement shall
be subject to review and approval of the City Engineer and applicable watershed
district if necessary.
5. The City Engineer shall comment on the traffic resulting from the increased
personnel at the plant. Any traffic control measures required by the City
Engineer will be implemented by Xcel Energy.
6. Xcel shall be required to comply with any permitting requirements of the City and
any further review and comment by the DNR.
Pc: Julie Hultman
5
INTERIM USE PERMIT 11 of 15
C .
Oak Park Heights—A.S.King Plant—Interim Use Permit Application '
Xcel Energy
Allen S.King Plant
1103 King Plant Road
Bayport,MN 55003
Narrative—Five Year Plan for Interim Use Permits for Temporary Storage Tent and Office Trailers
Below are the best estimates for proposed temporary interim use tents and trailers for the years 2017-
2021,based on information known as of January 3,2017.
A. Temporary storage tent
Purpose: Storage of bulky boiler parts for scheduled replacements. These parts must be stored
onsite until they can be installed within the plant,and they must remain sheltered from rain and
snow.
Description: Gabled metal frame structure with white fabric roof and sidewalls(see photo).
Size: 50'W x 110'L x 15'H
Quantity and Durations:
2017: 1 tent from 2/15/17—5/31/17
2020: 1 tent from 2/15/20—5/31/20
Location: As shown on Site Arrangement drawing.
B. Temporary office trailers
Purpose: Provide office space for additional administrative,engineering,and craft personnel
during scheduled annual maintenance outages. The work during each of the time periods
involves equipment upgrades and replacements vital to the operational success of the plant;the
scope of these projects necessitates an increase in personnel for execution and implementation.
The number of additional employees will be approximately 75 for odd-number years and 150 for
even-number years,in addition to the permanent plant workforce of 110 employees.
Description: Standard mobile office trailers(see photo).
Size: 10'W x 40'L x 8'H
Quantity and Durations:
2017: Up to 4 trailers from 3/1/17—5/31/17
2018: Up to 8 trailers from 1/1/18—7/31/18
2019: Up to 4 trailers from 2/1/19—5/31/19
1
INTERIM USE PERMIT 12 of 15
Oak Park Heights—A.S.King Plant—Interim Use Permit Application
2020: Up to 8 trailers from 1/1120—7/31/20
2021: Up to 4 trailers from 2/1121—5/31/21
Restrooms: Temporary portable restrooms will be located near each of the groups of trailers for
the additional employees.
Parking: Additional employees will park in designated areas adjacent to the trailers.
Locations: Trailer and parking locations as shown on Site Arrangement drawing.
Jim Mueffelman
Engineer,Xcel Energy
Phone: 763-245-9819
Email: lames.e.mueffelmanPxcelenerriv.com
2
INTERIM USE PERMIT 13 of 15
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INTERIM USE PERMIT 14 of 15
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Photos
A. Temporary tent for material storage
- shows exact tent construction and location from prior years
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B. Temporary trailers for offices
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INTERIM USE PERMIT