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HomeMy WebLinkAbout2006-04-25 CC Meeting Packet EnclosureMeeting Date April 25 2006 Time Required: 5 minutes Agenda Item Title: XCEL ENERGY FOR AN AMENDED CONDITIONAL USE PERMIT — MOELTER LANDFILL SITE. Agenda Placement New Business Originating DepartmentJReque Requester's Signature Action Requested Consid: r nd Approve with Conditions See Attached from Scott Richards: Background/Justificatio (Please indicate if any previous action has been taken or if other public bodies have advised): 1. Planner's Report 2. Planning Commission Resolution (Unsigned) 3. City Council Resolution Oak Park Heights Request for Council Action ohnson, City Administrator t B NORTHWEST AS IATED CONSULTANTS, 4800 Olson Memorial H ig h\Atay, Suit= 202, Grid TelephQne.. 763.2 -3'� ,2 555 Facsimile: 762.231.2'561 �n Valley, MN 55422 . �l .���� plan ners@ nacpianning.rom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 6, 2006 RE: 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 FILE NO: 7 98.02 — 00.04 BACKGROUND Darrell Knutson, representing xcei Energy, as made ode 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, known as the �Iloelter Landfill la also ill has been reviewed by the MPCA and the min roved. The minor modifications, as proposed, have been approved. pp changes shall be less intensive to the adjacent neighbors to the east. The post closure access road cul-de-sac ��� would be moved to connect to the existing at 58 Street North. The City Council approved a conditional use permit ash disposal � p rr��t in October of 1998 to expand the sposal That expansion also included vacating significant in areas that g g f�cant roadway right-of- way had been platted but never developed. e. The plan has been followed alth p p ,approved in 1996, ough xcei Energy has proposed these minor modifications part of the final phase of construction. as The property is zoned l., Industrial which accommodates the use as permitted. The existing conditional use permit was requested to allow mining and and reclamation in excess of 400 cubic yards. Any changes to the approved conditional use pp plan require an amended permit. Attached for reference: Exhibit 1 Exhibit 2 Site Location Map Existing Site. Conditions 19 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 q, 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 20 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 fife 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 life 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 58th Street North. That roadway would not be utilized until final capping of the site in 2009/2010. Until that time, all haulin 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, XceI 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 I 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. Ali 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 2,1 2. xcel shall replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree reptant 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 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 MODIFICATION TO THE APPROVALS FOR THE A.S. KING PLANT ASH DISPOSAL FACILITY 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 modification to the approvals for the A.S. King Plant ash disposal facility; 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 SEE ATTACHMENT A 2, The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and SEE ATTACHMENT B 3. The subject property 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; and 4. Any changes to the conditional use permit granted in 1996 require an amended conditional use permit. Xcel has requested a change to the conditional use permit to allow a new plan for grading on the east edge of the site and the post closure access roadway that will connect to the existing cul- de-sac at 58 Street; and 5. City staff prepared a planning report dated April 6, 2006 reviewing the request for the conditional use permit; and 6. The April 6, 2006 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and 23 7. The Planning Commission held a public hearing at their April 13, 2006 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 modification to the approvals for the A.S. King Plant ash disposal facility and affecting the real property as follows: Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to 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 p rovided in the long term from 58' Street. 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. 5. The location of the gate and fencing for the post closure access road shall be subject to City approval. Recommended by the Planning Commission of the City of Oak Park. Heights this 13 day of April 2006. ATTEST: SEE ATTACHMENT A Eric A. Johnson, City Administrator Mike Runk, Chair 2 v3, RESOLUTION NO. CITY COUNCIL CITY OF OAK PAR K HEIGH`T`S 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 MODIFICATION TO THE APPROVALS FOR THE A.S. KING PLANT ASH DISPOSAL FACILITY 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 modification to the approvals for the A.S. King Plant ash disposal facility; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and SEE ATTACHMENT B 3. The subject property is zoned I, 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; and 4. Any changes to the conditional use permit granted in 1996 require an amended conditional use permit. Xcel has requested a change to the conditional use permit to allow a new plan for grading on the east edge of the site and the post closure access roadway that will connect to the existing cul-de-sac at 58 Street; and 5. City staff prepared a planning report dated April 6, 2006 reviewing the request for the conditional use permit; and 6. The April 6, 2006 planning report recommended approval of the conditional use permit subject to the fulfillment of conditions; and ZS 7. The Planning Commission held a public hearing at their April 13, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 modification to the approvals for the A.S. King Plant ash disposal facility and affecting the real property as follows: 2006. ATTEST: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to 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. 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. 5. The location of the gate and fencing for the post closure access road shall be subject to City approval. Approved by the City Council of the City of Oak Park Heights this 25 day of April pp y y Eric A. Johnson, City Administrator David Beaudet, Mayor 2 zV Attachment A Washington County GEO Code: 03.029.20.22.0001 Legal Description: NW114 -NW114 032920 EAST OF RR SIJBJ TO EAS E Washington County GEO Code: 01029.20.210002 Legal Description: ALL THAT PT NW 114 OF NW 114 032920 PT ELFFELTS ADD & PT 0 FOAK PARK ADD, ON FILE & OF RE CORD IN OFFICE REG DEEDS DESC A 27 Required Approvals: City Council ATTACHMENT B Conditional Use Permit AT xcel F ner * - A.S. Kin • Plant Ash Ibis ' osal Facilit Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11x17 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 • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: April 13, 2006 CUP Variance 4/5 4/5 Conditional Use Permit m 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 O3 .C4.a and b) 28