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HomeMy WebLinkAbout2017-03-13 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:651/4394439 • Fax:651/439-0574 March 13, 2017 Mr. Mark Vierling Eckberg, Lammers, Briggs, Wolff& Vierling Attorneys at Law 1809 Northwestern Ave. Stillwater, MN 55082 Re: Xcel Energy—Amended Interim Use Permit— 1103 King Plant Rd. OPH File No.: 2016-12.11 TPC File No.: 236.02-13.03 Dear Mr. Vierling: Enclosed -r= it, for filing with the Washington County Recorder's Office, please find a copy ► 'th- .bo e-referenced document. Notice of Certification has been attached. •egar•.: Io' son Cit; A dministrator •jah pnclosure 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: Amended Interim Use Permit (Temporary Storage Tent& Temporary Office Trailers) Xcel Energy 1103 King Plant Road 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 PA s' ights,t,is 13th day of March, 2017. `r E c Jo ison :"'C City , f ministrator - ..,.,, ,, 4 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: 2017: Up to 4 trailers from 3/1/17—5/31/17 2018: Up to $ 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 shaft 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. 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. 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. IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY O. !AK PA'. HEIGHTS • Date: By �/ /� /� L it/it' o ,Mayor vir Date: By Eric d ohnson Ci, Administrator Xcel Energy ,'`1//7 Date: �- By �--- Its /1 x- M e�1 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 King 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 ''A 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 degrees 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 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 of beginning. 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 GEO Code: 34-03-020-43-0005 EXHIBIT 2 SITE PLAN AND PROJECT ATTACHMENTS AND PLANNERS REPORT January 4, 2017 TPC3601 Thurston Avenue N,Suite 100 ENCLOSURE "2 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427.0520 TPC@PIanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: January 4, 2017 RE: Oak Park Heights — Xcel Energy / 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 Zellmer, 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 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: 50'W x 110'L x 15'1-1 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 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 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 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 it is proposed. 5. The impact on character of the surrounding area. 6. 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 (Le., 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 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 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. 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 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 Oak Park Heights—A.S. King Plant—Interim Use Permit Application 2020: Up to 8 trailers from 1/1/20—7/31/20 2021: Up to 4 trailers from 2/1/21—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: james.g.mueffelman@xcelenergy.com 2 N W _ pp cog f j o v i a a if!1 E�' �` 1!f as at{��{ {{{ �!!�i >! !lie I {, 1a� ; f l IIttl: 11 :�,IEi 11 +1 1* 61{ a 11 1 ! 1 1 ! _'� s S• a* — — 111I 1 I , 11 •- /111111 III IM J_ y-, tip L -filo1. 1 H. 4gior.. 3,1111 1 II_ .......... .1 .11 it irt iiiii-ii N. / ' - 000nOtiai ' 11 i 111" ,11111 e r i I i \\ 1‘%Ile ) i . N 1 ' efi ''-..- ... .0'Iltt` \ hit =coomaoome©daoae000©aoQooe000cooeagaoo©e0000� �`� 1� ' E► Az aa► .a GED : — nwpWl'a411.5AVII!"--- , I — a:: t /1 :. ---.'"'-!-. 111-16tillier>11k-11 i '17) 1' . .(4- -- ---40.41111k„ i .:._‘h, .,.... ,,,,..ifcrliftyi i 4, L , •,, — 1111,17jil , . 'OVA . : v^, • gr ;;� , �/1 !, 1 :711 ° ° ..- p ; =,. r, - ` ; .`f..+� 1 :: , g' ' - --.1 i . -. . - 40 ,c ,., /:- '41' ' n 1 ' .. .1fil:.:i:....';:11..1,:rii, - . ..-- 1 \ \! A V... Ai I'. 112 i Jr .r., '''';' ' 1 1 m 1IyAur f �4��[+) _ a�R1' � ILII '�� •i= e,• II.. I �n ff� �CN- :.•. a ICES i 1 V.\\\ \ i .1' (M— 111) 10 � p ! r \\\\,. ;Ili:- igt! i u y ` -1-1 r ,\ J iii(),,,.. ! a i idiotic,,,,y, /� , ,` iiilipir._ ;,r a . ` • 6.3 Photos A. Temporary tent for material storage shows exact tent construction and location from prior years Tb , e t fi {f --i y a It- 3..� k`u- 1Z-e lis 411 ' , .;.�. ......�. _ z:. 0 sett:s1. B. Temporary trailers for offices - shows representative standard mobile office trailer II I t 1!: .' Alli II . kali t'' is g