HomeMy WebLinkAbout2005-06-28 CC Resolution #05-06-25A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION 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
and
RESOLUTION NO. 05-06-25
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:
as follows, to wit:
and
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
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 3 08.0 8 specifies criteria for review of a conditional
use permit specific to the placement of fill material Hand reclamation within the City of
Oak Park Heights; and
5. City prepared staff re ared 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 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 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 Kathy 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
June 2005.
David Beaudet, Mayor
Attachment A
Washington County GEO Code: 02.029.20.23.0004
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:
City council
ATTACHMENT B
cup
4/5
Conditional Use Permit
Xcel Energy /A.S King Plant Land Reclamation & Grading
Application Materials
O Application Form
O Fees
O Plan Sets (3 Large Scale Sets/20 1 PI MM 7 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
O Mailin g List from Washington County (350V1 50' from subject property)
O Proof of Ownership or Authorization to Proceed
O Property Tax statements }/Legal Description(s)
p Y
Plannin g 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
r � void on the request, the conditional use permit shall become and void twelve (
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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 p ermit shall be submitted to the Zoning Administrator not less than thirty
(30 ) days s before the expiration of said approval. (4OtO3C.4.a and b)