HomeMy WebLinkAbout2006-04-25 CC Resolution #06-04-67RESOLUTION NO. 06 0 4- 67
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON C OIJNTY, 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
YMEREAS, 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.
Brig Plant ash disposal facility; and after having conducted a public hearing relative thereto, the
Planning Corntnission 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 zeal 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 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 minin and land reclamation; and
44 Any changes to the conditional use permit granted in 1 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
wi11 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
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 TIDE CITY COUNCIL APPROVES TIDE
FOLLOWING
A. The application submitted by Xcel Energy for an amended conditional use permit to
pp .
allow modification to the approvals for the A.S. King Plant ash disposal facility and
affecting the real property as follows:
SEE ATTACffMENT A
Be and the same as hereb y approved roved 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 s shall be from the 5 8th 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 sMl replant and maiintain 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 M 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 g ate and fencing for the post closure access road shall be subject to
City approval.
Approved by the City Council of the City of Oak eights this 25 day of April
2 006.
'id Beaude`TMayor
Attachment A.
Washington County GEO Code. 03.029.20.22.0001
Legal
Description: NW 114 -NW I14 032920 EAST OF RR SUBJ TO EAS E
Washington County GEO Code: 03.029.20.22.0002
Segal Description: ALL THAT PT ITT I14 OF NW I14 032920 PT ELFFELTS ADD
& PT 0 FOAK PARK ADD. ON FILE & OF RE CORD IN
OFFICE REG DEEDS DESC A
ATTACfIMENT B
Conditional Use Permit
AT
xcel Ener A.S. KinI4 Plant Ash Disposal Facilit
Application Materials
0 Application Form
Fees
* plan Sets (3 Large Scale Sets/20 11 x 17 Sets)
* Written Narrative and Graphic Materials Explaining Proposal
Mailin g List from Washington County (350'1150' from subject property)
® Proof of Ownership or Authorization to Proceed
• Property Tax Statements) /Legal Description(s)
Planning nin Commission Public Nearing & Recommendation: April 13, 2006
Required Approvals: CUP variance City Council 415 415
Conditional Use Permit - Lapse of Approvals
Unless the City Council specifically pp
its ecificall 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 th e property ro applicant has substantially started the construction of any
y owner or pp
building, structu re , addition or alteration, or use requested as part of the conditional use. An
pp
application
to extend the approval of a conditional use permit shall be submitted to the zoning
Administrator not less than thirty s before the expiration of said approval. (401.03.C.4.a and b)
y days