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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. ,,.. � . �� -; . • r r �� f - •�' r � � � rrf fit,- rr rr G r I y y J - / I 1 r; ; r r J J� J / / J J . 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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 4.; g di E t 2 to d ,... ›. co a) 0 :i=1 C I Z ''' (ili) EN a) co 0) . c T. 71) 1'6 p eL • .— *0 O a c —0 0 › 0 a) •..., -o c co co 5 - .P 0) (Id 2 a ,.... a) as 0L o ,... 1 6 - $ co w a ) c .c c :E.-.... ii) 2 .c 1.) a co li 0 c :13. 0 , ? 2 al CO ' 6 c .c o .0 iT) t o •..._ c 4- E c :3 E 0 0 0 0 C 0) C E .--= -0 ,..-.. c H 1) g. c a:4- 0..• a) c • - (1) a) - a3 .. u) 0 -.9, 'ili X 0 ,..c.„ E r: E - Lo 0 (1 ,a 1g co E 2 ..., -0 c , c) co t3 0 3) = 6 >< C m a) o ›.. — c D_0 4- U C 0 L... = 13 c2 ....) a) ,... P o u) = E 0 x , o o >,-. 0_c = C u) CO s.... • -_ . CD C L- .— a) 0 4i: = 3 C 0 -0: ? g 1.1 u) ,..... a) o o , u) ...... 0 c o u) L 5 15: 0 o .c ti 2 . = _ o co 2 a) 0 CD c O): 8 .E. • E CI) ..o a) _a = a ..c O u) c a 0 O ,j ... (0 45 u) () • ..... 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C . 5 0 11- 0 Lii • • 4- 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) p y 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)