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Home My WebLink About2004-07-15 PC Recommending ResolutionA RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PERMIT FOR IMPROVEMENTS IN THE RIVER IMPACT DISTRICT, A CONDITIONAL USE PERMIT FOR LAND RECLAMATIOPI AND GRADING, AND VARIANCES FROM HEIGHT REQUIREMENTS AND IMPERVIOUS SURFACE COVERAGE REQUIREMENTS FOR THE ALLEN S. KING GENERATION PLANT SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation and grading, and variances from height requirements and impervious surface coverage requirements for the Allen S. King Generation Plant; 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 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA SEE ATTACHMENT B 3. The subject site is zoned I, Industrial District in which power plants are a permitted use. The King plant is in a River Impact District which requires a conditional use permit for construction activities, a conditional use permit is also required for the fill that is to be added to install flood control devices, and a variance from the Zoning Ordinance and St. Croix Bluff and Shoreland Ordinance is required for building height and impervious surface coverage requirements; and request; and 4. City staff prepared a planning report dated July 9, 2004 reviewing the 5. Said report recommended approval of the two conditional use permits and variances for building height, subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their July 15, 2004 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 a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation and grading, and variances from height requirements and impervious surface coverage allowances for the Allen S. King Generation Plant and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following findings related to the request for the building height and impervious surface coverage variances: 1. A power generation plant is a unique structure in the City of Oak Park Heights with specific requirements for construction and operation. The design of the structure necessitates the building and structure heights requested for the proper functioning of the plant. 2. The plant stack and portions of the existing structure are constructed at heights that exceed the new structural elements proposed. The new structures will in no way exceed what exists today. 3. The power generation plant provides a public service as to providing clean, safe and dependable energy for the region. The purposes of the plant improvements are to provide state of the art pollution control devices and extend the life of the plant. 4. The slight increase in impervious surface coverage will not negatively impact the drainage patterns or water quality of stormwater runoff from the site. Further, the Planning Commission recommends to the City Council of the City of Oak Park Heights the conditional use permits and variances for the Alien S. King Generation Plant with the following conditions: 1. Xcel shall work with the Andersen Corporation, MnDOT, and the City as the work progresses to analyze any traffic concerns for Highway 95. 2 2. Xcel shall construct at least 300 parking stalls to accommodate construction personnel for the project. 3. All lighting at the construction site and temporary parking Tots shall be in compliance with the Zoning Ordinance. 4. The tree removal and replacement shall be subject to review and approval of the City Arborist. No additional landscaping is required for the project. 5. The City will not require conformance with the Design Guidelines for the project. 6. The plans for the project must be submitted to and are subject to approval of the Corps of Engineers, Minnesota Pollution Control Agency, Department of Natural Resources, and others that may apply. 7. Xcel anticipates that the boiler and turbine will not be considered exempt for tax purposes under MN Statutes 272.02 or as amended. 8. The City of Oak Park Heights reserves its right to collect tax revenue and/or fees on any and all improvements implemented on this site as allowed by law. The City further reserves its right to collect tax revenues and /or fees that occur or would otherwise be recalculated on this project resulting from any statutory amendments or legislative changes. Recommended by the Planning Commission of the City of Oak Park Heights this 15th day of July 2004. it Administrator 3 n.Y` \ p John Dwygr,,Chair Exhibit "A" A.S. King Plant —1103 King Plant Road Washington County GEO Code: 02- 029 - 20-23 -0004 Legal Description: Entire Gov't Lots 2 & 3, Section 2, T29, P20 as included in NSP Torrence RT of Title #44483 Conditional Use Permits: (1) Improvements in River Impact District (2) Land Reclamation and Grading Required Approvals: City Council Variance — Lapse of Approval: ATTACHMENT B CUP 4/5 Variances: AT Xcel Energy IA.S. King Plant (1) Height Requirements & (2) Impervious Surface Coverage Requirements Application Materials • Application Form O Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal O Mailing List from Washington County (350'1150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: June 30, 2004 Planning Commission Public Hearing & Recommendation: July 15, 2004 Conditional Use Permit - Lapse of Approval: Variance 4/5 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) Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not Tess than thirty (30) days before the expiration of said approval. (401.4.0 .1 -- 401.4.C.2)