HomeMy WebLinkAbout2006-04-06 NAC Planning ReportRE:
BACKGROUND
Attached for reference:
Exhibit 1
Exhibit 2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: April 6, 2006
FILE NO: 798.02 — 06.04
Oak Park Heights — Revisions to MPCA Permit and
Conditional Use Permit for Changes to Final Cell Development
at the A.S. King Ash Disposal Facility
Site Location Map
Existing Site Conditions
NCLOSURE t5
Darrell Knutson, representing Xcel Energy, has made application for an amended
conditional use permit to allow modification to the existing conditional use permit
approvals for the A.S. King Plant Ash Disposal Facility. The ash disposal facility, also
known as the Moelter Landfill has been reviewed by the MPCA and the minor
modifications, as proposed, have been approved. The changes shall be less intensive
to the adjacent neighbors to the east. The post closure access road would be moved to
connect to the existing cul-de-sac at 58 Street North.
The City Council approved a conditional use permit in October of 1996 to expand the
ash disposal facility. That expansion also included vacating significant roadway right-of-
way in areas that had been platted but never developed. The plan, approved in 1996,
has been followed although Xcel Energy has proposed these minor modifications as
part of the final phase of construction.
The property is zoned 1, Industrial which accommodates the use as permitted. The
existing conditional use permit was requested to allow mining and land reclamation in
excess of 400 cubic yards. Any changes to the approved plan require an amended
conditional use permit.
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
ISSUES ANALYSIS
Liner Grading Plan
Perimeter Grading Plan
Exterior Access Road
Exterior Access Road Entrance
Final Cover Plan
Existing Access Road Alignment
Proposed Access Road Alignment
Memorandum from the City Arborist
Comprehensive Plan. The proposed Land Use Plan designates this area as Park
Facilities /Open Space. When the Concept Plan was completed in 1998, it was
anticipated that the ash disposal site would be filled within 10 years and that the area
would remain as open space with the potential for park and trail development.
Zoning. As noted, the area is zoned 1, Industrial. The ash disposal site is a permitted
use and the conditional use permit granted in 1996 adopted the final cell development
plan that included mining and land reclamation in access of 400 cubic yards. Any
changes to that plan, as now being proposed, requires an amended conditional use
permit.
Proposed Amended Conditional Use Permit. The project's applicant has provided
the following narrative to describe the changes in the final plan:
"The final phase of construction, Phase 6, Cell 5, and the capping of the
current operating area of the facility, Phase 6, Cell 3, will be occurring during
the summer months of 2006.
Xcel Energy, A.S. King plant, is proposing a minor modification to the existing
permitted construction of these areas as identified in the Minnesota Pollution
Control Agency (MPCA) permit number SW -54. The modification will develop
the site in a less intrusive way. The footprint of the proposed construction
area will be shifted further to the west than currently permitted, reducing the
impact on the closest neighbors. The long term, post - closure access road will
be changed to reduce traffic nearest these neighbors to eliminate the need for
a long term site driveway access from Beech Road. To allow this
modification to meet the needs of the A.S. King plant capacity requirements,
both the base elevation and the final elevation of the phase will be raised.
The upper elevation increase will dampen the currently permitted valley that
was originally proposed, making the ground surface more useable for long-
term end -use options.
The MPCA has reviewed this Minor Modification request and has approved
these changes. The immediate and most impacted neighbors have been
contacted. They have reviewed the changes and find them acceptable.
2
The proposed modification will utilize the existing cul- de-sac at the west end
of 58 Street in Oak Park Heights as the post - closure access point which will
allow Xcel Energy to access the monitoring station for monthly inspections
and leachate management in the event of equipment failure. The 58 Street
access point will not be used during the remaining operating Iife of the site.
The existing Beach Rd haul road will continue to be the access point for both
this construction event and remaining fill /operating activities of the facility.
The operating Iife expectancy for this facility is anticipated to be the end of
2009 or early 2010."
Roadway Access. As indicated in the applicant's narrative, the long term access road
into the site would be from the cul -de -sac at 58 Street North. That roadway would not
be utilized until final capping of the site in 2009/2010. Until that time, all haulin9
operations will be from the current Beech Road access. The access road from 58
Street would permit access by Xcel employees for required long term maintenance and
monitoring. Emergency vehicle access would need to be provided at this location.
Trees /Landscaping. Information submitted from Xcel indicates that 12 significant trees
would be removed as a result of the change in plans. The trees are located near the
access road on the north side of Phase 6, Cell 5. Xcel has proposed to pay the
replacement fee instead of planting new trees. The City Arborist has expressed a
preference for tree replantings in this area. The City Arborists comments are found in
an attached memorandum.
Trails. As part of the previous approvals, Xcel has installed a trail system within the
closed areas of the landfill site. The proposed changes to the plan will not impact the
trail system.
Payments in Lieu of Taxes. City staff has suggested that Xcel consider a payment in
lieu of taxes for the landfill site. The site is currently tax exempt. The City will incur
ongoing costs for police protection and other emergency services for the site. It is
suggested that a condition be added to the conditional use permit for consideration by
the Planning Commission and City Council.
CONCLUSION 1 RECOMMENDATION
Based on the previous review, City staff recommends approval of the amended
conditional use permit to allow for a modification to the existing conditional use permit
for the A.S. King Plant Ash Disposal Facility. The amended conditional use permit is
recommended with the following conditions:
1. All ash hauling to the site shall continue to be from the Beech Road access. No
access for fill operations shall be from the 58 Street access. Access to 58
Street shall be not be allowed until such time as the access from Beech Road is
discontinued. Emergency vehicle access shall be provided in the long term from
58 Street.
3
2. Xcel shall replant and maintain trees, according to a plan approved by the City
Arborist, to satisfy the City's tree replant requirements.
3. The City Council shall consider a payment in lieu of taxes for the landfill site. The
fee amount and terms shall be determined by the City Council.
4. The plans shall be subject to review and approval of the City Engineer.
4
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Julie Hultman
From: kdwid in a@comcast. net
Sent: Thursday, April 06, 2006 4:51 PM
To: Tom Ozzello; Julie Hultman; Dennis Postler; Eric A. Johnson; Jim Butler; Scott Richards; Mark
Vierling
Cc: Julie Johnson
Subject: Xcel Fly Ash Site - Tree Replacement
OPH Staff -
Today 1 met with Sharon Sarappo, senior environmental analyst with Xcel Energy regarding the
additional tree removal and tree replacement for the final phase of construction at the fly ash landfill
west of the 58th St. cul -de -sac. Sharon's memo of 4/5/06 listed the removal of 12 significant trees on the
west side of the chain link fence. There are two more oak which are down to the south west of these
trees which will also have to be removed for grading. Since all the trees on the west side of that fence
will now be removed, it will further compromise screening of the landfill site from the adjoining
residential properties. Rather than have Xcel pay a fee in lieu of planting ", I think the replacement
trees should be planted on the Xcel property to provide additional screening. Ms. Sarappo and I also
discussed numerous trees in the area which were planted in past years by Xcel and have died due to lack
of care. There are also 3 red pine (approx. 12 ft. tall) which will need to be moved with a tree spade
since they are in the path of the proposed access road. Consequently, the tree planting and
replacement recommended consists of replacement of 7 of the evergreen and deciduous trees which
previously died (most on the east side of the trail from the cul -de -sac), planting of 7 trees as
replacement for the significant trees being removed in this current phase of construction, and
transplanting of the 3, 12 ft. red pine mentioned above. At the site review meeting 4/5, Mr. Knutson
also stated that they could plant 3, 6 ft. "Black Hills" spruce in the area northwest of the trail to replace
screening provided by the large cottonwood which will be removed in this phase. After planting, the
trees should each be watered and mulched with 4 -6 inches of wood chip mulch in an area several feet
out from the trunk on all sides. Supplemental watering will need to be done for the first season after
planting to ensure that the trees get established well. There is ample area to plant trees around the cul-
de -sac, including the eastern side to provide some screening for the tan house. The species
recommended for planting include: river birch, red maple, bicolor oak, bur oak, basswood, honeylocust
and "Black Hills" white spruce. If you have any questions regarding this report, please contact me.
Kathy Widin
Arborist
OPH
4/7/2006
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