HomeMy WebLinkAbout2004-07-24 CC Resolution #04-07-39RESOLUTION NO. 44- 07-39
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 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
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 recommended that the application be approved with conditions. The City Council of the
City of oak Park Heights makes the following findings of fact and resolution:
follows, to wit:
and
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:
and
SEE ATTACHMENT B
3. The subject site is zoned I. Industrial District in which power plants are a
permitted use. The Ding 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 S horeland 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
recommended that the application be approved subject to the fulfillment of conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITE' COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
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. Ding Generation Plant 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 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 City Council of the City of oak Park Heights approves the conditional use permits
and variances for the Allen S. Ding generation Plant with the following conditions:
1. Xcel shall work with the Andersen Corporation, NInDOT, and the City as the work
progresses to analyze any traffic concerns for Highway 95.
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 lots 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 lurk 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.
Approved by the City Council of the City of Oak ParkHeights this 27thoa"f July 2004.
'id B eaudK, Mayor
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