HomeMy WebLinkAbout17-01-05 RESOLUTION NO. 17-01-05
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 INTERIM USE PERMIT TO ALLOW FOR
THE PLACEMENT OF A TEMPORARY STORAGE TENT AND
OFFICE TRAILERS AT THE A.S. KING POWER PLANT AT 1103
KING PLANT ROAD BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Xcel Energy for
an Interim Use Permit 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; and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights recommended the application 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 I, Industrial District in which power plants and
accessory structures are a permitted use. The property is in the River Impact District
which required the original Conditional Use Permit for the Allen S. King Plant and the
subsequent amendments that have allowed changes to the site and the plant to expand;
and
4. The placement of the temporary storage tent and office trailers will require
an Interim Use Permit. Approval of the use would be for a five-year period ending on
May 31, 2020 for the storage tents and May 31, 2021 for the office trailers; and
5. 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 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
6. There is adequate parking to accommodate the addition of approximately
150 people on site; and
7. City staff prepared a planning report dated January 4, 2017 reviewing the
request; and
8. Said report recommended approval of the Interim Use Permit subject to
n the fulfillment of conditions; and
9. The Planning Commission held a public hearing at their January 12, 2017
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application 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 Interim Use Permit to allow for
the placement of a temporary storage tent and office trailers at the A.S. King Power Plant
at 1103 King Plant Road 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. The storage tents shall be removed by May 31, 2020 and office trailers shall be
removed by May 31, 2021.
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2. Xcel Energy shall apply for a new Interim Use Permit for all temporary structures
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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.
Approved by the City Council of the City of Oak Park Heights this 24th day of January,
2017.
1; LZ
n
M Mc o , Mayor
ATTE
Eric A. J son, City Administrator
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Attachment A
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 '/ 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 SEI/4
of the NE1/4 of Section 3, Township 29 North, Range 20 West;thence West along the South line
of Said SETA of the NEI/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
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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
ATTACHMENT B
Interim Use Permit(IUP)
Allowing Placement of Temporary Storage Tent& OfficeTrailers
At the Xcel Energy A.S. King Plant- 1103 King Plant Road
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(500' from subject property)
• Proof of Ownership or Authorization to Proceed
Public Hearing: January 12,2017
Required Approvals: C.U.P.
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)