HomeMy WebLinkAbout2009-06-23 CC Meeting Packet Enclosure iy.lF ;�i+ in
Oak Park Hei
Request Bor Council A cti" On
Meeting Dtate . � � . J une " 2009
Time Re .5 Minutes-
Agenda item 'retie: , CEL I tNERGY - A MENDED CONDITION USE PERMIT T
CONSTRUC-l" A SOLID WASTE TRANSFER STAnON AT T14E AS. KING POWER PI.IANT
4
Agenda Placement � � -- -N B �f Is 5
__.._._ _.._..,__._....w Johmo C .__._tor
Re Si
Action Re See ow
(Please hidicate if a. hay previous action nag been taken or If Am- public
bodies Wave a visc )y
Please See Attached from City Planner Scott Richards:
1 P lanning rep ort Dated: 6-4µ09
2. Planning C ommission Recommendations.
3. Proposed City Council resolution
NO i Ea
The City Council niay also desire to inseil a requirement in the resolution that would require t hat Xcel
Energy make a paym(- it) lieu of taxes t o the City in t he event this structul}e is c as `'pollution
control" by the Dept of Revenue and thus becomes 'pax exernp; The estimated tax impact for this
structure is •t-I- $2,100 in properly tax revenues to the City. f$300,,000 ( value) X ,02 ( class rate)
X .3 (est. City tax rate) �
Passible Language: Should th proposed Transfer StaVDn be declared as tax wtempt being classified as
pollution control equipment or for other roa onso Xcel Energy ma a payment; in lieu of taxes to the
Cilty uglizing a market value calculation on the building as set by the Washington County Assesscr for
such struclure4
Page 21 of 56
NORTHWEST ASSOCIATED CONSULTANTS, I C4
4800 Olson Memorial Highway, Suite 202, Golden Malley, MN 55422
Telephone: 763.231 .2656 Facsimile: 7 63.231 .2561 plan ners @nacpla nn €ng.cam
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 4, 2009
RE: oak Park Heights — xcel Energy / A.S. Ding Plant:
construction of a Solid Waste Transfer Facility
FILE No: 798.0 — 09.05
BACKGROUND
Manuel Castillo, representing Xcel Energy, has made application for an amended
conditional use permit to construct a solid waste transfer station at the A.S. King Power
Plant. The plant is located at 1103 King Plant Road and is adjacent to the St. Croix
River. The building is approximately 3,600 square feet and 30 feet in height, It will be
located adjacent to the plant at its northeast corner.
The property is zoned 1, Industrial District in which power plants and accessory
structures are a permitted use, The King Plant is also in a River Impact District which
requires a conditional use permit for construction activities.
Attached for reference:
Exhibit 1: Fact Sheet From Applicant
Exhibit: : Site Plan
Exhibit : Floor Plan
Exhibit 4: Building Elevations
ISSUES ANALYSIS
Project Description. The description of the proposed transfer facility provided by xcel
is as follows:
Xcel Energy is proposing to construct a solid waste transfer station (facility). It is
analogous in function to a Municipal Solid waste transfer station. However, it also
has the additional function of allowing wet materials to dewator before they are
Page 22 of 56
transferred to the Moelter Landfill for ultimate placement. The facility will he located
within the A. s. King lower plant's property bocindary. It will be of a beige color to
match the recently constructed building at the Plant.
The need for the facility resulted from the need to dewater line slurry which is used
in the new Air Quality control System. The facility will also be used to store ash
contaminated wastes collected at the plant, ash contaminated vactor truck wastes,
and various pond dredging wastes. During weekends where there is no hauling to
the Moelter Landfill, ash will be stored until operations resume during the beginning
of the week.
The facility design calls for a building to manage a peak volume of Soo cubic yards
of solid waste. All ash contact water will he discharged to the plant process water.
The solid waste will be placed in the Moelter Landfill after dewatering. (Note that
our landfill solid waste permit SW-54 does not allow disposal of liquid wastes at the
landfill.)
The facility will require the following permits:
1. MP CA solid waste Hermit for a Transfer Station
2. Washington County operating License
3. city of oak Park Heights Amended Conditional Use Permit and a Construction
Permit
Comprehensive Dian. The Comprehensive Plan designates this area as industrial
land use. The power plant and its accessory structures are recognized as industrial
land uses consistent with the raps and policies of the plan.
Zoning Ordinance. The site is zoned I, Industrial District in which power plants and
accessory structures are a permitted use. The ling Plant is also in the river Impact
District which requires a conditional use permit for significant changes to the plant.
Larking and Traffic. The facility is to be located on are existing roadway system within
the plant. There are no charges that would impact local or state roadway systerns.
Lighting, The facility is not proposed to be lit, Any new lighting of the building or the
site will need to be in compliance with the Zoning ordinance and subject to review and
approval of city staff.
Tree Protection /Replacement and Landscaping. The site is a location where a
series of propane tanks were placed, There is no tree impact.
Grading and Drainage. Any grading and drainage issues shall be addressed subject
to review and approval of the city Engineer and the applicable watershed district.
Setbacks. The building is compliant with all lot line and shoreland building setbacks of
the Zoning Ordinance.
2
Page 23 of 56
Department of Natural resources. The Department of Natural Resources (DNR) has
been notified of the request. The building will be located 300 feet from the shore of the
St. Croix River. The building color is planned to be a beige or light tan to match as
close as possible the existing plant buildings.
Design Guidelines. The Design Guidelines specify that all structures requiring a
building permit require design review. The power plant and the existing accessory
structures were not built subject to the Design Guidelines standards, The power plant
and cooling towers are industrial structures constructed of specific materials appropriate
to the function of the plant. The building is proposed at 30 feet, well within the height
allowances of the l District.
Variations to the Design Guidelines may be allowed by the city council. Due to the
unique construction required for the waste transfer facility, the Design Guidelines should
not be enforced for the proposed structure.
Conditional Use Permit — Diver Impact District. The waste transfer facility
improvement for the ling Plant is subject to conditional use permit approval, The
Planning commission should consider the conformity, environmental issues and
impacts of the proposed project in making its recommendation. The conditional use
Perm it criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as
follows;
1, relationship to the specific policies and provisions of the nounicipal comprehensive plar7.
2. The conformity with present and future land uses in the area.
3, The environmental issues and geographic area involved.
4. whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surroundif7g area.
6, The demonstrated reed for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc. ).
Due to the location of the King Plant in an industrial area, the importance of the facility
to the area and the Metro region as a whole, and the minimal impact this building will
have on the site or area, the project is consistent with the above criteria,
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, city staff recommends approval of the conditional
use permit to allow for the construction of a solid waste transfer facility at the A.S. King
Plant subject to the following conditions. Further, staff recornmends that the Design
Guidelines be waived for the structure proposed on the site,
3
Page 24 of 56
a.
I , Any freestanding or building lighting shall be in compliance with the Zoning
Ordinance and subject to review and approval of city staff.
2. Any grading and drainage plans shall be subject to review and approval of the
City Engineer and applicable watershed district.
3. The city will not require conformance with the Design Guidelines for the project.
4. The plans are subject to review and approval of the Department of Natural
Resources and any other state or federal regulating agency, if applicable.
4
Page 25 of 56
A RECOMMENDING ICI {..'SOLU"T "ION
O T HE
1 COMMISSION
CITY OF OAK P ARK HEIG
WA.SHING'TON COUNTY, MINNESOTA.
.A RESOLUTION E STABLISHING FINDINGS of FACT AND
R ECOMMENDING To THE CITY COUNCIL THAT THE
R EQUEST BY NORTHERN STATES Po ER /XCEL ENERGY
FOR AN AMENDED CONDITIONAL USE PERMIT To CONSTRUCT A
SOLID WASTE TRANSFER STATION AT THE A. KING P OWER
PLANT LOCATED AT 1103 KING ROAD
SHOULD BE APPROVED WITH CONDITIONS
W HEREAS, the City of Oak 1'ark Heights has received a recluest from Norther11
States 1 Encrgy for an a€ endecl conditiona use permit to construct a solid waste
trallsfe € strttlm at the A.S. K i€ g Hower I'la nt located at 11.03 Ki ng Road -, ti.€ d after having
g
co nducted a public hear ing relative thereto, the Ph'mi g Co mmission of Oak Rc€rk, Heights
makes the followin findings of~ fact:
I . "I"he €•cal properly affected by said cipplicatio €i is legally desc as
follows, to wit:
and
2. `I"he applicant has sr €bmittcd can appl icy €tion mi supporting
documenta n to the Co mmun ity Develop Departme €lt eo nsistitig of the ft)llowi ngy items:
S E l. A r1`1'A Ca1 M 1 �N'_F 13
a nd
�. The subiect site is zo 1, Industrial District i n wh'ch power pla are a
per mitted use. The A.S. King Hower 1 is i n a 1�iver Impact District which requires a
conditional use permit for constructio n activities and
4, Z - lie solid waste transfer sta.tioz) wou be approxi 3,600 square feet,
30 Feet i n height, a nd would be located at the northeast corner of the power pant; a
5. City staff �` pilepared a p anningy report dated .1€ ne 4, 2009 reviewing the
request; and
6. Said repo rt recommended approval of the conditional use perMit SL INect to
the fulfillment of emiditions; and
Page 26 of 56
7. ]'he Planning CYo €11111ission held a l Liblic hearing at their .l ine 1 ] , 009
eeti €�g, tools co €ri its - fro €�� t:he zappli €its and p� blic, closed the 1��. blic 1ic4� €i���,, and made the
following recon nclation:
Now, TI- EIIEF ORE, 13E IT RESOLVED 13Y THE PLANNING'
CoMMUSSION FOR THE C ITY OF OAIC P 1`IEIGI rl T H -AT THE P LANNING
C OMMISSION RECOMMENDS THE It OLLOWINGr -A
A. The al)plication submitted by Northern States PowerAcel 1 A lergy for a n amended
conditionia use Pe rmit to co nstrtict a so licl waste transfer nat ion a - the A,S, Ki Power Plant
located at 1103 King Road a nd affecting the real prope as follows:
Be and the sank as hereby recomm nded to the City Co€incil of the City of Oak Park 14cights for
approva.1 with the following co€ (litio ns:
10 Any freestanding or btd1ding lighti shall be in compliance with the Zo O rchi €i -a €ice:
and subject to €{e;view and ? of City staff,
2. Any gra (ing and drainage pla ns shall he subJ ect to review and approval of the City
E€ gi €ice € - and applicable watershed district.
3. `The City will not require co€ f :'orma ncc with the Desig Guidelines for the project.
4. 'I "he plans are s€i ject to review and approval of the Department of Natu ral 1�esources and
any other state or - I' deral regLilating agency, if applicable,
Recommended by the Plannin Co m mission of the Cite of oak Park 1- -lcights this 1 I"' day
of. ime 2009.
War ren wasescha, Chai €
Eric A. Johnso n, Cite Administrator
2
Page 27 of 56
Attachment
Washington county GEO code: 02.029.20.23.0004
Legal Description: See Attached
Physical Address: Xcel Energy, Inc. — A.S, King Plant
1103 King Plant Rd.
Page 28 of 56
s
f Y
J J '
r
A.S. ' Trap r Station ILocation Legal Desc i tion
Ccrtiticate No. 49650 (Torrens Portion)
TRACT "g
That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range 20 West; and also, that part
of the NE'/ of Section 3, Township 29 North, Range 20 Nest, and also, that part of Government Lot 5 in
Section 34, Township 30 North, Range 20 West, Washington County, Minnesota. All to be described as
follows: (NOTE: BASIS OF BEARINGS for this description is the South line of Government Lot 2, Section
2, Township 29 North, Range 20 West being North 88 degrees 48 minutes, 10 seconds East)
Beginning at an iron monument (found 4 inch well casing) at the Southeast corner of the SE I /4 of the NEIf4
of Section 3, Township 29 North, Range 2+0 West; thence West along the South line of said SE' /4 of the
NE /4 of Section 3 on a beariflg of South 88 degrees 47 minutes, 45 seconds West a distance of 333.03 feet
to the Northeasterly right -of -way line of the Chicago, St. Paul, and Minneapolis and Omaha Railroad; thence
North 38 degrees 03 minutes 13 seconds West along the Northeasterly right-of-way line of said railroad a
distance of 3523,33 feet (to an aluminum cap monument stamped JLM RLS #15835); thence continuing
along said railroad 6ghtwof way on a tangential curve, concave to the Northeast having a central angle of 5
degrees 51 minutes 52 seconds, a radius of 3057.10 feet, a chord bearing of North 34 degrees 37 minutes
17 seconds, West with a chord distance of 350.05 feet to the South line of the North 700.00 feet of
Government Lot 5 in Section 34, Township 30 North, Range 20 West (set an aluminum cap stamped JLM
RLS #15835); thence forth 88 degrees 47 minutes 54 seconds East along said South line of the North
700.00 feet of said Government Lot 5 for a distance of 440,23 feet to its intersection with the southwesterly
right-of-way of the former Chicago, Milwaukee St. Raul and Pacific Railway Company, thence along said
Railway right-of-way southeasterly on a concave curve to the Northeast, having a central angle of 01
degrees 28 minutes 21 seconds, a radius of 577'9.55 feet, a chord bearing of South 30 degrees 27 minutes
20 seconds East with a chord distance of 148.53 feet to an aluminum cap stamped JLM RLS 415835,
thence North 58 degrees 48 minutes 30 seconds East radial to said curve a distance of 105.00 feet to the
southeast corner of the property described in Soak 303 of Deeds, page 772 in the Washington County
Recorder's office (found brass cap in concrete); thence North 01 degrees 12 minutes 06 seconds West along
the east line of said last described deed a distance of 0.50 feet to an aluminum cap stamped JLM RLS
#15835 said point also being the southwesterly corner of a tract of land recorded as Document No. 029806
at the Washington County Recorders office; thence North 58 degrees 48 minutes 30 seconds East along
the southerly line of said Document No, 029805 a distance of 157.02 feet to an aluminum cap stamped JLM
RLS #15835; thence North 01 degrees 12 Minutes 00 seconds West along the East line of said Document
No. 629805 a distance of 597.81 feet to an aluminum cap stamped JLM RLS #15835, said point also being
100.00 feet South of the North line of Government Lot 5, in Section 34, Township 30 North, Range 20 West;
thence on a line 100.00 feet South of and parallel to said Northline of Government Lot 5 having a bearing of
North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St. Croix; thence Southeasterly
along said shoreline of Lame St. Croix to its intersection with the South line of Government Lot 3 in Section 2,
Township 29 North, Range 20 West; thence Westerly along the south line of said Government Lot 3 on a
bearing of South 88 degrees 48 minutes 10 seconds West a distance of 1683.27 feet, to a Monument (found
a-4 inch well casing) at the Southwest corner of said Government Lot 3 in Section 2; thence Westerly along
the South line of Government Lot 2 in Section 2 on a bearing of South 88 degrees 48 minutes 10 seconds
West a distance of 1320.00 feet to the point of beginning.
EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1, both in Section
3, Township 29 North, Range 20 vilest and Government Lot 5 of Section 34, Township 30 North,
Range 20 West, as shown as Parcel 53B on Minnesota Department of Transportation Right of Way
Plat ' Numbered 8278 as the same is on file and of record in the office of the Registrar of Titles in
and for Washington County, Minnesota,
EXCEPT:
That pant of the South Half of the Northeast Quarter of Section 3, Township 29 North; Range 20
West, shown as Parcel 53C on Minnesota Department of Transportation Right of Way Plat
Numbered 82 -79 as the same is on file and of record in the office of the Registrar of Titles in and
for Washington County, Minnesota.
' Page 29 of 56
ATTACHMENT B
E
s
Conditional Use Permit
Xcel Energy /A. S. King Plant — Solid waste Transfer Station
Application materials
0 Application Form
0 Fees
a Plan Sets (3 Large Scale Sets /20 11 X1 7 Sets)
a 'written Narrative and Graphic Materials Explaining Proposal
& Mailing List from Washington county (350'1150' from subject property)
0 Proof of Ownership or Authorization to Proceed
0 Property Tax Statement ( s) /Legal Description(s)
Planning Commission Public Dearing & Recommendation: June 11, 2009
Conditional Use Permit - 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. Are 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)
Page 30 of 56
RESOLU110N NO,
CITY OtJNCI.L1
CITY OF OAK 11ARK HEIGHTS
WASHING r rON COUNTY, MINNESOTA
A RESO1.. tJTZO ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL TU AT THE
REQUEST B NORTfI.ERN S TATES POwER/XCE L ENERGY
FOR AN .MEND CONDITION USE PERMIT TO CONSTRUCT
SOLID WAST TRANSFER STATION AT TH A,S, K NG POW
PLANT LOCATED AT 1103 KING ROAD
RE APPR OVED WITH CONDITION
WHEREAS, the City of o J' a rk 14 eityhts has received a request from Northern
States t'owerlxcel 1 for an amended conditional use permit to construct a solid waste
transfer station at the A. S, l .inn 1 1)lant located at l 103 King Road; alid afte1 havi11g
conducted a public hearing relative thereto, the Planning Commission of Oak 'ark l--leights
recommended that the applic:atioii be appr with conditions. The City Council of the City of
0� lark l- -leights maiws the - 6011owing findings of fact and resolution:
_l , The real property of .'eted by s aid a plication is legally desc i lUcd as
fo to wit:
SEE ATTAC1JM1'_1.Nr1_'A
and
2, The applicazit has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
3 , The subject site is zoned L Industrial District- in which Dower p ants are -'Cl
permitted Lase. The A.S. King Power Plant is in a River Impact District w hich requ a
conditional Lase permit for construction activities; and
4. The solid waste transfer station would be approximately 3,600 square feet,
30 feet in height, and would be located at the northeast comer of the power plant; and
5, City staff a ~ arc aced planning report elated .lure 4, 2009 reviewing the
� l l� t
request; and
6. Said rep recom mended approval of the conditional use permit subject . to
the fulfillment of conditions and
Page 31 of 56
7. `�1�he Planning Commission lield a J)Ublic hearing at their June 11, 2009
mccting tools comments f i•om the applica11ts alld p� bfic, closed the publics Bearing, and
z•eco . - e tided that the appli'UltiODbe approved s b)ect to the f��l fll�� ent of cojiditi��11�.
NOW, THEREFORE, BE IT RESOLVED I3Y 1"HE CITY COUNCIL, FOR
THE CITY OF OAK PARK I-IEIG14TS THAT THE CITY COUNCIL APPROVES THE
A. `T'lie application submitted by Northern States Power/ cel Energy for all amended
conditional use permit to mistruclt a solid waste: transfer station at the A.S. King Power 1 ant
located at 1103 K inn Road acid affecting the real property as follows:
S 1. A'•1" I'A C 11MEN T A
Be and the same as hereby approved by the City Council of the City o1' Oak Park Heights with
the following conditions;
1. Airy freestanding or buildRig lighting shall be in compliance with the Zoning ore €iiiance
and subJ ect to review and approval of City staff
2. Any grading and drainage plans shall be sutbjcct to review ajid approval of the City
l_.ngincer acid applicable watershed district.
3. 1'he City will not require conformance with the Design Giildelines for the prc.jtect.
4, The plans are stif'ject to review and approval of the Department of Natural Resources and
any other state or - cderal regulating ao-ency, if applicable.
Approved by t_lie City Comic;il of the City of Oak Park 1-leiglits this 23"" day of .Junc 2009.
David Beaudet, Mayor
y r � •r ), 1 � ��
E.ric A. Johnson, City Administrator
Page 32 of 56
Attachment A
Washington County GEO Code: 02.029.20.23.0004
Legal Description: See Attached
Physical Address: Xcel Energy, Inc. — A, S. King Plant
1103 King Plant Rd.
Page 33 of 56
l
i
l
f A.S. Ki Plant Transfer Station Location Le aI Description
Ceitifisate No. 49650 ('rorrens Portion)
TRACT "B",
That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range 20 West; and also, that part
of the NEI /4 of Section 3, Township 29 North, Range 20 West, and also, that pant of Government Lot 5 in
Section 34, Township 30 North, Range 20 West, Washington County, Minnesota. All to be described as
follows: (NOTE: BASIS of BEARINGS for this description is the South line of Government Lot 2, Section
2, Township 20 North, Range 20 West being North 88 degrees 48 minutes, 16 seconds East)
Beginning at an iron monument (found 4 inch well casing) at the Southeast corner of the SE/4 of the NE /4
of Section 3, Township 29 North, Range 20 West; thence West along the South line of said SEz /4 of the
NCB/ of Section 3 on a bearing of South 88 degrees 47 minutes, 45 seconds West a distance of 33303 feet
to the Northeasterly right -of -way line of the Chicago, St. Paul, and Minneapolis and Omaha Railroad; thence
North 38 degrees 03 minutes 13 seconds vilest along the Northeasterly right -of -way line of said railroad a
distance of 3523.33 feet (to an aluminum cap monument stamped JLM RLS #15835); thence continUing
along said railroad right-of-way on a tangential curve, concave to the Northeast having a central angle of 6
degrees 51 minutes 52 seconds, a radius of 3457.16 feet, a chord bearing of North 34 degrees 37 minutes
17 seconds, West with a chord distance of 366.05 feet to the South line of the North 700.00 feet of
Government Lot 5 in Section 34, Township 30 North, Range 20 West (set an aluminum cap stamped JLM
RLS #15835); thence North 88 degrees 47 minutes 54 seconds East along said South line of the North
700,00 feet of said Government Lot 5 for a distance of 440.23 feet to its intersection with the southwesterly
right -of -way of the former Chicago, Milwaukee St. Paul and Pacific Railway Company, thence along said
Railway right -of-way southeasterly on a concave surge to the Northeast, having a central angle of 01
degrees 28 minutes 21 seconds, a radius of'5779.65 feet, a chord bearing of South 30 degrees 27 minutes
20 seconds East with a chord distance of 148.53 feet to an aluminum cap stamped JLM RLS #15835,
thence North 58 degrees 48 minutes 30 seconds East radial to said curve a distance of 105.64 feet to the
southeast corner of the property described in Boots 303 of Deeds, page 772 in the Washington County
Recorders office (found brass cap in concrete); thence North 01 degrees 12 minutes 06 seconds vilest along
the east line of said last described deed a distance of 0.50 feet to an aluminum cap stamped JLM RLS
Al 5835 said point also being the southwesterly corner of a tract of land recorded as Document No. 629805
at the Washington County Recorders office; thence North 58 degrees 48 minutes 30 seconds East along
the southerly line of said Document No, 629805 a distance of 157.02 feet to an aluminum cap stamped JLM
RLS #15835; thence North 01 degrees 12 minutes 06 seconds West along the East line of said Document
No. 629805 a distance of 597.81 feet to an aluminum cap stamped JLM RLS #15835, said point also being
1 00.00 feet South of the North line of Government Lot 5, in Section 34, Township 30 North, Range 20 vilest;
thence on a line 100.00 feet South of and parallel to said Northline of Government Lot 5 having a bearing of
North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St. Croix; thence Southeasterly
along said shoreline of Lake St. Croix to its intersection with the South line of Government Lot 3 in Section 2,
Township 29 North, Range 20 vilest; thence westerly along the south line of said Government Lot 3 on a
bearing of South 88 degrees 48 minutes 16 seconds vilest a distance of 1683.27 feet, to a monument (found
a•4 inch well casing) at the Southwest corner of said Government Lot 3, in Section 2; thence westerly along
the South line of Government Lot 2 in Section 2 on a bearing of South 88 degrees 48 minutes 16 seconds
West a distance of 1320.00 feet to the point of beginning,
EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter and Government Lot 'I, both in Section
3, Township 29 North, Range 20 West and Government Lot 5 of Section 34, Township 34 North,
Range 20 vilest, as shown as Parcel 63B on Minnesota Department of Transportation Right of Way
Plat'Numbered 82.78 as the same is on file and of record in the office of the Registrar of Titles in
and for Washington County, Minnesota,
EXCEPT:
That part of the South Nall of the Northeast Quarter of Section 3, Township 29 Nollh; Range 20
West, shown as Parcel 63C on Minnesota Department of Transportation Right of Way Plat
Numbered 82 -79 as the same is on file and of record In the office of the Registrar of Titles it) and
for Washington County, Minnesota.
' Page 34 of 56
ATTACHMENT k
Conditional Use Permit
XGeI Energy IA.S,, King Plant — solid Waste Transfer Station
Application Materials
0 Application Form
0 Fees
Plan Sets (3 Large scale Sets /20 I1 17 Sets)
Q Written Narrative and Graphic Materials Explaining Proposal
a Mailing List from Washington county (350'/150'from subject property)
a Proof of Ownership or Authorization to Proceed
0 Property Tax Statement ( s) /Legal Description(s)
Planning Commission Public Nearing & Recommendation: June 11, 2009
Conditional Use Permit - 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 (
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
( days before the expiration of said approval. (401,03.C.4.a and b)
Page 35 of 56