HomeMy WebLinkAbout2005-06-28 CC Meeting Packet EnclosureMeeting Date June 28 2005
Agenda Item Title: Conditional Use Permit XceI Ener_ — Land Reclamation — Roadwa
Construction.
Time: 5 minutes
Agenda Placement New Business
Originating Department/Re
Requester's Signature
Action Requested
onsider and A
Eric J
Oak Park Heights
Request for Council Action
ve CUP Re uest with Conditions
ENCLOSURE 06
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see attached documents
1. Memo from Eric Johnson dated June 3, 2005
2. Planning Commission Resolution
3. City Council Resolution
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 o Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574
June 3 2005
MEMO
TO: Planning Commission Members
FROM: Eric Johnson, City Administrator
RE: Xcel Energy — Fill Permit CUP Request -- Road Construction
Summary`
w
Xcel Energy has submitted a plan to construct a new roadway near their northerly entrance, please see
Exhibit 1 - the area is zoned Industrial. The purpose of this new roadway is to better facilitate the
movement of material and personnel between the main power plant area and the "lay down" area lying to
the north without being encumbered by railroad tracks and the coal trains that can stack across their current
drives denying them access to the lay down area. The lay down area is utilized to store equipment and will
eventually hold a 4,000 square foot warehouse -type facility.
Exhibit 2: Shows the current site conditions
Exhibit 3: Shows the proposed roadway
Exhibit 4: A discussion of the tree replacement between City Arborist Kathy Widin and Xcel Staff
Karen Sharappo.
Exhibit 5: Xcel Submittal Letter --- dated May 31 2005
Upon review of the submitted information, there appears not to be any detrimental social, economic or
environmental impacts; and that Staff recommends that the Conditional Use Permit be approved as
requested by the applicant with the following conditions:
1. Xcel Energy must provide a specific wetland inventory 1 wetland survey as well as a "Notice
of wetland Conservation Act Decision" which must state that the wetlands, (if any) that are to
be filled in, are "incidental" and not naturally occurring wetlands; Or the Notice of Wetland
Conservation Act Decision must make an alternate determination that the wetlands are subject
to wetland restrictions and Xcel Energy shall submit for City review a full wetland inventory
and remediation plan for review. Xcel must then implement such plan with conditions as
specified by the City Engineer prior to the commencement of any roadway construction
activities.
2. Final drainage plans and design shall be subject to the final review and approval of the City
Engineer.
3. Xcel Energy shall submit drainage plans to the Middle St. Croix Water Management
Organization for final review, once comments are provided Xcel may then potentially
proceed. Comm.ents received shall be provided to the City prior to the commencement of
roadway construction
4. Xcel Energy shall. submit drainage plans to Minnesota DN , Ms. Molly Shodeen for review,
once comments are provided Xcel may than potentially proceed. Comments received shall be
provided to the City.
5, Prior to roadway construction Xcel Energy pay the City the required tree replacement fee, as
calculated by City Arborist Kathy Widin, of $2,000.
6 Barbed-wire must be eliminated from the proposed gate /fence.
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Graham, Jared J
From: Sarappo, Sharon A
Sent: Friday, May 27, 2005 8:26 AM
To: Girtz, Russell
Subject: FW: FW: Trees to be Removed at King Plant
I met with Kathy on May 19 and let her know our preference is to provide Oak Park
Heights with a check for tree replacement rather than re -plant trees on the King Plant
site. I provided Kathy with a map of the area where the trees are to be removed.
Original Message
From: kdwidin @comcast.net [mailto:kdwidin @comcast.net]
Sent: Monday, May 16, 2005 3 : 19 PM
To: Sarappo, . Sharon A
Subject: Re FW: Trees to be Removed at King Plant
EXHIBIT
• .' :lie � i.%i;:..:'r' =�: =; :'v�:r.:rw: -.�. -: sari' ....,_....; . .. - -r.�eri �i:; R 4
Sharon -
Thanks for sending me this information. Yes, this is sufficient for the project. and I
do not need to make a site visit. Is Xcel planning to plant new trees on the site? I
thought that is what they did for the last tree removal at the King plant rather than
sending the city a check for replacement trees. The city would probably prefer re-
planting by Xcel on site or even planting the replacement trees near the 58th St. cul-de-
sac by the ash landfill. Let me know what they would like to do.
Kathy Widin
Arborist
City of Oak Park Heights
> Kathy,
> I am forwarding this e-mail to you for your review. Do you need a site visit of
> the area, or is the information I am providing sufficient to comply with the Oak
> Park Heights tree ordinance. Please let me know.
>
> > Original Message
> > From: Sarappo, Sharon A
> > Sent: Friday, April 29, 2005 8:32 AM
> > To: New, Nick (UE)
> > Cc: Girtz, Russell
> > Subject: Trees to be Removed at King Plant
> >
> > Nick,
> > I completed a survey of the tree removal area on the King Plant site on April
> 25, 2005. According to the City of Oak Park Heights tree ordinance # 1307 a
> significant tree (Section 1307.030) is "A healthy deciduous tree measuring at
> least 8 inches dbh (54 inches above the ground), or a healthy coniferous tree at
> least 10 feet in height..." This changes to 4 inches for oak and ironwood, and
> 2 inches for pagoda dogwood or serviceberry. Cottonwood and silver maple are
> significant at 12 inches dbh or greater when growing near a river, but 20 inches
> at upland sites. Box elder, buckthorn and Siberian elm are not significant at
> any size.
> > Based on the definition outlined above, the following trees, which will be
> removed for the new road between the laydown area and the coal pile, are
> considered significant:
> >
> > green ash - 11" dbh
> > black willow - 12" dbh, 10.5" dbh, 12" dbh, 9" dbh, 13" dbh, 10" dbh, 11" dbh,
> 10" dbh, 14" dbh
> >
> > All the aspen in this area are diseased and are, therefore, not under
> consideration.
> > The two scotch pine to be removed are too small ( under 10 feet tall) and are
1
> not considered. significant.
> > The Ordinance requires replacement of one new tree for every two significant
> trees. The replacement trees must be 2.5 inches in diameter and cost roughly
> $400/each. We need to replace the significant •trees with a' total of 5 new trees
> at $400 /each for a total cost of $2000. The check should be payable to the City
> of Oak Park Heights
> > 1 believe that Byron Norden, is handling the payment to the City for tree
> removal.
> > Please call me if you - have any questions or need anything further.
> >
> > Sharon Sarappo
> > Senior Environmental Analyst
> > Xcel Energy
> > (612) 330-6743
> >
> >
> >
>
XcelEnergy °
May 31, 2005
Mr. Eric Johnson
City Administrator
Oak Park Heights, MN 55330
RE: Road Construction and Installation
Dear Mr. Johnson:
In response to you letter dated May 20, 2005 enclosed are our responses.
Exposir 5
1. Attached are 3 full size and 20 11x17 copies requested topographical drawings.
These show the proposed road alignment and road cross - section.
2. We have completed a tree survey in the impacted area and found the following:
a. 1 green ash - 11" dbh
b. 9 black willow (12" dbh, 10.5" dbh, 12" dbh, 9" dbh, 13" dbh, 10" dbh, 11"
dbh, 10" dbh, 14" dbh)
c. Ali the aspen in this area are diseased.
d. The two scotch pine to be removed are under 10 feet tall.
Xcel Energy will calculate the value of these trees per the Ordinance and will submit
payment after the trees are removed. This information was discussed with the City
Arborist. An e -mail is attached that documents the communication.
3. We are currently assessing the area impacted by this change as related to the
Wetlands Conservation Act. We will submit the determination at a later date.
Thank you for your attention to this matter.
Sincerely,
9 °"1641-d'a
Russ Girtz
Engineering Manager
King Rehabilitation Project
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follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION EST A ; LISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PE T
FOR LAND RECLAMATION AND GRADING (FILLING OF LAND)
NECESSARY TO INSTALL NEW INTERNAL RO )WAY SHOULD E
APPROVED WITH CONDITIONS
SEE ATTACHMENT B
WHEREAS, the City of Oak Park Heights has received a request from Xcel
Energy for a conditional use permit for land reclamation and grading necessary to install a new
internal roadway at the Allen S. King Plant, 1103 King Plant Road; 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:
3. The subject property is zoned Industrial (1), under which power plant and
ancillary facilities are a permitted use subject to the as issued Conditional Use Permits and
River Impact District regulations; and
4. City Ordinance 308.08 specifies criteria for review of a conditional use
permit specific to the placement of fill material/ land reclamation within the City of Oak Park
Heights; and
5. City staff prepared a planning report dated June 3 2005 reviewing the
request for the proposal; and
6. Said planning report recommended that the Planning Commission approve
the application with conditions; and
7. The Planning Commission held a public hearing at their June 9, 2005
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 TM PLANNING
CO SSION RECOMIENDS THE FOLLOWING:
A. The application submitted by Xcel energy for a conditional use pemiit for land
rec 1iLIOfl and grading necessary t install anew internal roadway an affecting the real
property located at 1103 King Plant Ro .4 • as follows:
SEE ATTACHMENT" A
Be and the same as hereby recommended to the It Council of the City of Oak Park Heights for
approval subject to the following conditions:
1. Xcel Energy must provide a specific wetland inventory 1 wetland survey as well as a
"Notice of Wetland Conservation Act Decision" which must state that ihe wetlands,
(if any) that are to be filled in are "incidentar and not naturally occurring wetlands
and may be filled; Or the Notice of Wetland Conservation Act Decision must make
an alternate determination that the wetlands are subject to wetland restrictions and
Xcel Energy shall submit for City review a full wetland inventory 4.ilte remediation
plan for review. Xcel must then implement such plan with conditions as specified by
the City Engineer prior to the commencement of any roadway construction activities.
2. Final drainage plans and desi
the City Engineer.
.11
3. Xcel Energy shall submit drainne plans to the Middle St. Croix Water Management
Organization for final review, once comments are provided Xcel may then potentially
proceed. Comments received shall be provided to. the City prior to the
commencement of roadway construction
4. Xcel Energy shall submit drat plans to Minnesota DNR, Ms. Molly Shodeen for
review, once comments are provided Xcel may then potentially proceed. Comments
received shall be provided to the City..
shall be subject to the final review
5. Prior to roadway construction Xcel Energy pay the City the required tree replacement
fee, as calculated by City Arborist Kathy Widin, of $2,000.
6. Barbed-wire must be eliminated from the
2
gateffence.
rovat of
Recommended by the Planning Con of the City of Oak Park Heights this 9 day
of June 2005.
ATTEST:
Eric A. Johnson, City A ministrator
Mike Runk, Chair
3
Attachment A
Washington County CEO Code: 02.029.20.23.0004
Legal Description: Entire Gov't Lots 2 & 3, Section 2, T29, R20 as included in
NSF Torrence RT of Title #44483
Physical Address: Xcel Energy, Inc. A.S. - King Plant
1103 King Plant Rd.
ATTACHMENT B
Conditional Use Permit
Xcel Energy /A.S. King Plant — Land Reclamation & Grading
Application Materials
O Application Form
® Fees
O Plan Sets (3 Large Scale Sets /20 11X17 Sets)
O 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: June 9, 2005
Required Approvals:
City Council
Conditional Use Permit - Lapse of Approval:
CUP
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)
as follows, to wit:
and
and
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK I:EEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESQLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE
PERMIT FOR LAND RECLAMATION AND GRADING (FILLING
OF LAND) NECESSARY TO INSTALL NEW INTERNAL
ROADWAY 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 land reclamation and grading necessary to install
a new internal roadway at the Alien S. King Plant, 1103 King Plant Road; 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
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following
items:
SEE ATTACHMENT B
3. The subject property is zoned Industrial (I), under which power
plant and ancillary facilities are a permitted use — subject to the as issued Conditional Use
Permits and River Impact District regulations; and
4. City Ordinance 308.08 specifies criteria for review of a conditional
use permit specific to the placement of fill material 1 land reclamation within the City of
Oak Park Heights; and
5. City staff prepared a planning report dated June 3 2005
reviewing the request for the proposal; and
6. Said planning report recommended that the Planning Commission
approve the application with conditions; and
7. The Planning Commission held a public hearing at their June 9,
2005 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 land
reclamation and grading necessary to install a new internal roadway and affecting the real
property located at 1103 King Plant Road 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 conditions:
1. Xcel Energy must provide a specific wetland inventory I wetland survey as
well as a "Notice of Wetland Conservation Act Decision" which must state
that the wetlands, (if any) that are to be filled in are `incidental" and not
naturally occurring wetlands and may be filled; Or the Notice of Wetland
Conservation Act Decision must make an alternate determination that the
wetlands are subject to wetland restrictions and Xcel Energy shall submit for
City review a full wetland inventory and remediation plan for review. Xcel
must then implement such plan with conditions as specified by the City
Engineer prior to the commencement of any roadway construction activities.
2. Final drainage plans and design shall be subject to the final review and
approval of the City Engineer.
3. Xcel Energy shall submit drainage plans to the Middle St. Croix Water
Management Organization for final review, once comments are provided Xcel
may then potentially proceed. Comments received shall be provided to the
City prior to the commencement of roadway construction.
4. Xcel Energy shall submit drainage plans to Minnesota DNR, Ms. Molly
Shodeen for review, once comments are provided Xcel may then potentially
proceed. Comments received shall be provided to the City.
5. Prior to roadway construction Xcel Energy pay the City the required tree
replacement fee, $2,000, as calculated by City Arborist lathy Widin.
6. Barbed -wire must be eliminated from the proposed gate /fence.
Approved by the City Council of the City of Oak Park Heights this 28 day of
pp Y Y
June 2005.
ATTEST:
Eric A. Johnson, City Administrator
David Beaudet, Mayor
Attachment A
Washington County GEO Code: 02.029.2023.0004
Legal Description: Entire Gov't Lots 2 & 3, Section 2, T29, R20 as included in
g
NSP Torrence RT of Title #44483
Physical Address: Xcel Energy, Inc. A.S. King Plant
1 103 King Plant Rd.
Required Approvals: CUP
City Council 4/5
ATTACHMENT B
Conditional Use Permit
xcel Energy /A.S. King Plant Land Reclamation & Grading
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailin g List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statements }/Legal Description(s)
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Planning Commission Public Hearing & Recommendation: June 9, 2005
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. 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 .O3C4a and b)