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HomeMy WebLinkAbout07-10-2008 Planning Commission Meeting Packet j! Co e • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, July 10, 2008 7:00 p.m. — City Hall Council Chambers I. Call to Order: II. Agenda Approval: Ill. Approve Minutes of June 12, 2008: (1) IV. Department / Commission Liaison / Other Reports: V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. Raduenz Dealership Properties, LLC, doing business as Stillwater Motor • Company Conditional Use Permit Amendment seeking amendments to July 26, 2005 Conditional Use Permit conditions pertaining to an automotive dealership, located at 5900 Stillwater Blvd. N (2) B. Xcel Energy, Inc. Conditional Use Permit Amendment to allow vertical expansion of the A.S. King Fly Ash Disposal site, known as the Moelter Fly Ash Site, located S. of Hwy. 36 and W. of Beach Rd. (3) VII. New Business: VIII. Old Business: IX. Informational: A. Upcoming Meetings August 14, 2008: 7:00 p.m. - Regular Planning Commission Meeting (Council Chambers) B. Council Representative July — Vice Chair Wasescha August — Commissioner Runk • X. Adjournment. i I ENCLOSURE 1 • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, June 12, 2008 Call to Order: Chair Liljegren called the meeting to order at 7:01 p.m. Present: Commissioner Runk and Vice - Chair Wasescha; City Administrator Johnson, City Planner Richards and Commission Liaison Abrahamson. Absent: Commissioners LeRoux and Powell. Agenda Approval: Commissioner Runk, seconded by Vice -Chair Wasescha, moved to approve the Agenda as presented. Carried 3 — 0. Approve Minutes of May 8, 2008: Vice Chair Wasescha, seconded by Chair Liljegren, moved to approve the Minutes as presented. Carried 2 — 0 —1, Runk abstained due to not being present at the May 8, 2008 meeting. • Department /Commission Liaison & Other Reports: City Administrator Johnson reported that the next meeting of the City Hall Citizen Advisory Committee meeting is scheduled for Wednesday, June 18, 2008 and that the members of the committee will be working to develop a City Hall design schematic and determine the most suitable location. He noted that the work will progress through a period of approximately 3 to 4 committee meetings, held over the course of the next couple of months. Johnson further noted that staff has been working with Architect, Randy Engle of Buetow and Associates to finalize a contract for schematic design facilitation, bidding process and project execution services. Visitors /Public Comment: None. Public Hearings: A. Jacob Holdings /Hecker Automotive Conditional Use Permit Amendment — Seeking amendments to April 25, 2006 Amended Conditional Use Permit conditions pertaining to automotive dealerships located at 14702 and 14738 60 St. N. City Planner Richards noted that the request is primarily to extend the timeline for plans to be completed for the Ford dealership to be located within Oak Park Station and for the site currently operating as the Ford dealership at the corner of Osgood Ave. N. and Hwy. 36. Planning Commission Minutes June 12, 2008 Page 2 of 6 • Richards reviewed the June 5, 2008 planning report to the request; noting the conditions of the earlier conditional use permit approval and discussed recommended conditions to the current request for the Commission's consideration should they elect to move the matter forward to the City Council with a recommendation for request approval. Chair Liljegren opened the public hearing and invited the applicant and any other interested parties to address the Commission. Jean Schuldt of Denny Hecker's Automotive Group introduced herself to the Commission, noting that she handles the real estate and development side of things for the Group and that President Barbara Jerich was also present and could answer any questions they have regarding the dealership and the new location move. Ms. Schuldt addressed the planning report condition requiring removal of the canopy at the current Ford dealership site. She stated that they have no problem with removing the canopy but that by doing so they would lose a great deal of light at that corner and expressed concern as to safety and security. She asked that the Commission consider allowing the canopy to remain until the entire site is demolished. Schuldt also addressed the planning report condition requiring a $50,000 cash deposit or a • $50,000 Letter of Credit, asking if the City was seeking a cash deposit rather than a Letter of Credit. City Administrator Johnson clarified that the condition is at the City Council's discretion and ultimately their approval. He express his concern with a Letter of Credit versus a cash deposit was that when dealing with a relatively unknown timeline it is difficult to track and that a cash deposit is an easier tool for the City to work with. Commission discussion ensued as to the lighting underneath the canopy and existing within its surrounding area. It was clarified that the dealership would continue to have vehicles parked at the site of the canopy and the possibility of installing security lighting was discussed. City Administrator Johnson noted that the applicant would be entitled to install security lighting and that any new lighting would be required to comply with City Ordinance. The question of what the benefit to the City is by requiring the canopy (and its lighting) to be removed only to install new lighting for security when the whole thing would be removed by the end of 2009 was raised. City Administrator Johnson pointed out that the 2008 removal deadline was established two years ago and an extension is now being asked with the amendment request. He stated that the intent of the canopy removal condition is to demonstrate progress toward demolition and clean up of the site, adding that the canopy removal is the easiest as well as a substantial way to demonstrate progress. • if Planning Commission Minutes June 12, 2008 Page 3 of 6 Barbara Jerich of Denny Hecker's Automotive Group introduced herself to the Commission as the President of the Automotive Group and stated that December 2009 is an ultimate timeline for them and that they are hopeful that they will be ready not only to break ground but to begin developing the Ford dealership at the new location in Oak Park Station before then. She discussed some of the mechanics of operation that prompted the dealership locations they are now working with and noted that they are currently speaking with Ford about the new facility and working to develop it as a volume dealership model for Ford. Jerich added that they hope to be operating in the new facility prior to the 2009 deadline. She addressed the canopy removal condition and stated that she would like to see it removed as well and that they would be willing to explore options for alternate lighting that are economically feasible. Regarding a cash deposit versus a letter of credit, she noted that it has been her experience that cash deposit accounts can be as equally burdensome to work with as a letter of credit. She stated that a $50,000 cash deposit is also not an attractive situation for the Group right now and though she does realize that there are costs associated with letters of credit, they are willing to look at them. • Commissioner Runk, seconded by Vice -Chair Wasescha, moved to close the public hearing. Carried 3 — 0. Discussion ensued as to the cash or letter of credit and canopy removal conditions recommended within the planning report. Commissioner Runk suggested that the City Council should decide upon the requirement for a cash deposit or a letter of credit. Johnson noted that both are equally effective in security and enforcement with the difference being that letters of credit have an expiration date. Vice Chair Wasescha stated that he felt a cash deposit would be the cleanest for the City to work with and that he was inclined to make the condition for a cash deposit and let the applicant argue their case with the City council. He also stated that from a marketing perspective, he believed the canopy removal and cleaning up the area even with an expense for security lighting for the time they are on the site would make it more attractive for marketing. Wasescha and Liljegren stated they concurred with Administrator Johnson in that the removal of the canopy would be a demonstration of making progress toward their earlier approval agreement. Commissioner Runk, seconded by Vice - Chair Liljegren, moved to recommend City Council approval, subject to the June 5, 2008 planning report conditions, amended as follows: 1. A cash deposit or letter of credit in the amount of $50,000 be submitted to the City and • released when all of the conditions of this conditional use permit are complied with. Planning Commission Minutes June 12, 2008 Page 4 of 6 • 2. The canopy structure at 14738 60 Street North be removed prior to September 1, 2008. 3. All exterior storage of tires, dumpsters, storage containers, equipment, and the wood garage structure shall be removed by August 1, 2008. And the revised conditions from the April 25, 2006 conditional use permit as follows: 4. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 5. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60 Street North in compliance with Section 402, the Subdivision Ordinance no later than December 31, 2009. 6. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 7. No signage shall be allowed on the subject property at 14738 60 Street North. 8. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area • setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2009. 9. The grading and drainage plan shall be submitted to the City and is subject to review and approval of the City Engineer by December 31, 2009. 10. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 11. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist by December 31, 2009. 12. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City by December 31, 2009. 13. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. • f Planning Commission Minutes June 12, 2008 Page 5 of 6 • 14. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 15. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. 16. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating a 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2009. 17. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 18. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60 Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.13.7 of the Oak Park Heights Zoning Ordinance no later than • December 31, 2009. 19. The applicant shall submit a development application by December 31, 2009 to the Cityfor a new dealership building and site improvements that includes the properties at 14702 60 Street North and 14738 60 Street North. The applicant shall be required to post a cash or letter of credit security satisfactory to City staff with the development application for the total cost of the improvements to satisfy the conditions of the conditional use permit granted for the subject property on June 24, 2008. 20. The applicant shall complete the conditions of the conditional use permit granted for the subject property on June 24, 2008 no later than December 31, 2009. 21. If neither of the above stated conditions are complied with, the applicant shall remove all of the vehicles from the property at 14738 60 Street North and cease all car dealership operations at that site no later than December 31, 2008. Carried 3 — 0. New Business: None. Old Business: City Planner Richards updated the Commission on the status of the • Comprehensive Plan process. i Planning Commission Minutes June 12, 2008 Page 6 of 6 Informational: • A. Upcoming Meetings July 10, 2008 7:00 p.m. - Regular Planning Commission Meeting (Council Chambers) B. Council Representative June — Chair Liljegren July — Vice Chair Wasescha Adjournment: Commissioner Runk, seconded by Chair Liljegren, moved to adjourn the meeting at 7:31 p.m. Carried 3 — 0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer • Approved by the Planning Commission: • s ' NORTHWEST ASSOCIATED CONSULTANTS, INC. • 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com F- WiLOSURE 2 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 27, 2008 RE: Oak Park Heights — Conditional Use Permit Amendment for Stillwater Motors at 5900 Stillwater Boulevard North FILE NO: 798.02 — 08.07 BACKGROUND Raduenz Dealership Properties LLC has made application for an amended conditional use permit related to the conditions placed on the resolution approved by the City Council on July 26, 2005. A condition was included related to a three and five year phasing of improvements for parking setbacks, curbs and stormwater drainage systems. The first phase of improvements was to be completed this year. The applicant has asked for an extension of both phases for an additional five years. Attached for reference: Exhibit 1: Letter from Daniel J. Raduenz Exhibit 2: July 26, 2005 Conditional Use Permit and Variance Exhibit 3: Site Plan With Phasing APPLICANT'S REQUIREMENTS As indicated in the applicant's letter, an extension of both phases of improvements is being requested for an additional five years. The site plan, found as Exhibit 3, indicates the two areas. The northeast corner of the site, labeled as Phase 2, was to be completed this summer. The southeast corner of the site, labeled as Phase 3, was to be completed in 2010. If approved by the City Council, both phases of improvements, including parking setbacks, curbs and stormwater drainage systems, would not need to be completed until 2013. The condition to be amended that was approved in 2005 is as follows: 1. All parking setbacks, curbs and stormwater drainage systems shall be constructed and brought into compliance with the Zoning Ordinance regulations in accordance with the three and five year phasing plan as indicated on the approved site plans dated 6/15/05. (Copies on file in city offices) The proposed language would be: 1. All parking setbacks, curbs and stormwater drainage systems, in the northeast and southeast corners of the site, shall be constructed and brought into compliance with the Zoning Ordinance regulations no later than August 31, 2013. CONCLUSION / RECOMMENDATION Staff recommends the installation of parking setbacks, curbs and stormwater drainage systems at Stillwater Motors be required no later than August 31, 2013 and that the conditional use permit be amended accordingly. Staff would recommend that a letter of credit not be required with this amendment in that this is the first request for an extension. 2 T *com HLUCK - CHEVROLET Jeep j _ u,; HEIGHTS M:N 55"J82 iGM IT P Y CONCERN Raduenz Dealership Properties LLI C wou.i.-'j Like 1:o amend the S - ming, • on the condition related to the three and fire year phasinE; of improvements :related to parking setbacz s, Lurks and drainage, we would like to extend our conditional use perrn;_'_ ' an additional Five years, due to the timing and current B si.n ss Conditions at this time. If Business Conditions improve, th improvements can be done at an earlier date, however the El e year extension would give us amble time to get the improvements done. Sincerely, ti Daniel Raduenz Raduenz Dealership Properties LLC Stillwater 'tutor Company EXHIBIT 1 . CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT AND VARIANCE FOR RADUENZ DEALERSE" PROPERTIES LLC :Pile No.: 798.()2 -05.06 Date Issued: July 26,2005 Legal Description: (Washington County Geo. Code 06.029.20.12.0004) See Attached Exhibit "A" Owner: Raduenz Dealership EMppWes LLC Address: 5900 Stillwater Blvd. Stillwater, MN 55082 e Address: 5900 Stillwater Blvd. Oak Park Heights, MN 55082 Present Zoning District: B -3 Highway Business District Permitted uses set forth in Ordinance 401 Section 401.300 I. CONDITIONAL USE PERMIT: A conditional use permit has been issued to allow for the expansion of the existing building (57,980 sq ft) and parking lot expansion to replace parking stalls lost to the building expansion. Also issued is a variance for wall signage All uses shall be subject to the following conditions and/or restrictions imposed by the July 26, 2005 Resolution of the City Council of the City of Oak Park Heights as follows: All parking setbacks, curbs and stormwater drainage systems shall be constructed and brought into compliance with the Zoning Ordinance regulations in accordance with the three and five year phasing plan as indicated on the approved site plans dated 6/15/05. (Copies on file in city offices) 2. Revisions to the landscape plan showing shade trees along 59" St, the frontage road to Hwy 5, and in appropriate places around the parking area are approved in concept. Final revisions to the landscape EXHIBIT 2 plan shall be reviewed and approved by the City Arbonst. The grading, drainage, and utility plans shall be subject to the review and approval of the City Engineer and the Browns Creek Watershed District. Customer, employee, and display parking shall be delineated on the site plan and all customer parking stalls shall be appropriately signed. Detailed plans and completely labeled building elevations shall be resubmitted to the city to show all building materials and colors. A materials board shall be submitted for the City Council review. A detailed photometric plan showing lot perimeter and street centerline foot candles compliant to city code shall be provided. All lighting shall be installed or retrofitted to be in compliance with the lighting standards of the Zoning Ordinance. An approval of the sign variance allowing a total of ten wall signs and eliminating the two 34 square foot "showroom" signs as proposed on the building elevations. The applicant shall provide an accurate rendering of all wall signs for review and approval of the City Council. The City Council approves the overall number and square footage of allowable wall signage for the project. The applicant shall remove the large pylon sign at the northwest corner of the site and all checkered banners prior to issuance of a certificate of occupancy for the remodeled building. 9. The materials utilized for the proposed trash enclosure shall be the same materials used on the building. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 11. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. The applicant shall provide a site plan indicating the location of the fenced car storage area and fencing details subject to review and approval of City staff. Any cars under repair that are to be stored outside of the building shall be parked within said fenced car storage area 12. All noise created from operations on the site shall be in conformance with Section 401.15.B.1 I of the Zoning Ordinance. 13. The outdoor paging system shall be replaced with a personal communication system that is non- audible beyond the property lines. 14. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the _Stillwater Motors operation. III. Reference Attachment: The reports of the City Planner dated July 7, 2005 and site plan approved by the City Council are annexed hereto by reference. Is EXHIBIT 2 t IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS 4 By David Beaudet Mayor mate: By Eric Johnson City Administrator Tate: By D.J. Raduenz CEO, Raduenz Dealership Properties LLC EXHIBIT 2 F EXISTING - ` '+ 111JJJ '� amrrs�c � f �. 1 , � ! _ xo�Mrubrkfap.oue.. 1 1 / -p AND '` / .. a r - �9 EL N*M a 4w iw w ZL +�0� ;\ t uirrrwc�awraa �*3sm sec ' - f ta�a.tia�awmtaaMre+ur O PHOTOMETRIC PLAN ! PHASED SITE DEVELOPMENT q MAN a 4 1 r , a CHA IMMi UM .- �•`� _„ -s _ Sim T I opi ili sm Q PO LIGHT BASE DETAIL WALL LIGHTOEWL -- c�ru�Q'I�r ENCLOSURE 3 NORTHWEST ASSOCIATED CONSULTANTS INC. • 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231.2555 Facsimile: 763.231.2561 planners @naeplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 3, 2008 RE: Oak Park Heights — Revisions to MPCA Permit and Amended Conditional Use Permit for Expansion of the A.S. King Ash Disposal Facility FILE NO: 798. 02 — 08.06 BACKGROUND Manuel Castillo, representing Xcel Energy, has made application for an amended • conditional use permit to allow modification of the existing conditional use permit approvals for the A.S. King Plant Ash Disposal Facility. The ash disposal facility expansion has been submitted to the Minnesota Pollution Control Agency (MPCA) for review. Xcel Energy had plans to close the site in Oak Park Heights by the year 2010. A new law has placed a moratorium on permitting new landfills until the MPCA conducts rule making to address landfill siting. The proposed expansion of the A.S. King Plant Ash Disposal Facility will provide additional time for Xcel Energy to evaluate options for ongoing ash disposal while the MPCA rule making process is conducted. The City Council approved a conditional use permit in October 1996 to expand the ash disposal facility. That expansion also included vacating significant roadway right -of -way in areas that had been platted but never developed. The plan, approved in 1996, was followed although Xcel Energy proposed minor modifications as part of the final phase of construction in 2006. That amended conditional use was approved by the City Council in April 2006. The property is zoned I, Industrial which accommodates the use as permitted. Attached for reference: Exhibit 1: Existing Conditions Exhibit 2: Currently Permitted Final Cover Exhibit 3: Proposed Final Cover Exhibit 4: Final Cover Soils and Plantings Perspective Exhibit 5: Amended Conditional Use Permit April 25, 2006 • Exhibit 6: Visual Impact Analysis (16 pages) Exhibit 7: Comments from the City Arborist j PROPOSED PROJECT The applicant has provided the following narrative to describe the proposed changes: The expansion includes a 7.9 acre ash footprint located entirely within the 46 acre permitted landfill area. The expansion will be developed with a combination of 3H:1V and 3% to 5% slopes to a peak elevation of 877.4 feet MSL. The expansion will provide 219,400 cubic yards of total new airspace, including new liner subgrade, perimeter berms, ash, final cover, and surface grading west of the expansion to improve drainage. The finished grading plan is shown in Figure 1. The final cover grades were previously permitted to a peak elevation of 847.5 feet MSL. This height limitation was imposed to prevent overloading an existing sanitary sewer located beneath the site. The expansion fill plan is designed to maintain this same height limitation over the sewer. All but 1.6 acres of the expansion ash footprint is located over existing lined areas of the King Ash Disposal Facility. A new liner (Phase VII liner) will be constructed for the 1.6 acre unlined area. Portions of the expansion area have already received final cover; in which case the cover will either be stripped or in one area abandoned in place prior to placing more ash. New final cover will be placed over the entire expansion area and will be connected to the existing final cover. The expansion will be developed with a single liner /perimeter berm construction event in • Summer 2009, which will prepare the site for the complete expansion. The development of the new berms will necessitate the relocation of the walking trail on the north side; trail relocation will be done prior to berm construction to minimize impacts. It is anticipated that final cover will also be constructed in 2009 to the limits shown on the Final Cover Phasing Plan in Figure 2. It is anticipated that the south portion of the expansion area (south of the existing sanitary sewer) will be filled first and be ready to receive final cover in 2010. The north portion of the expansion area is anticipated to be filled by February 2011 and thus would be ready to receive final cover in Summer 2011. This sequence of development and closure is reflected in the Closure Phasing Plan in Figure 2. ISSUES ANALYSIS Comprehensive Plan. The Land Use Plan designates this area as park facilities /open space. When the ash disposal site is filled and capped, it is anticipated the area will be used for passive and active recreational areas. Zoning. As noted, the area is zoned I, Industrial. The ash disposal site is a permitted use and the conditional use permit granted in 1996 adopted the final cell development plan. Any changes to that plan, as now being proposed, require an amended . conditional use permit. 2 • Visual Impacts. Xcel Energy was requested to complete a visual impact analysis for the proposed final cover. Photographs were taken from three vantage points, one on Highway 36 with a view to the southeast; another from Beach Road with a view to the south; and another from Cover Manor with a view to the northeast. The views show current conditions, views as approved and views as proposed under the new application. The existing and approved views show no or little impact to views of the St. Croix Valley, of the tree line of Valley View Park, or of the Washington County Government Center. The proposed expansion would adversely impact these views. With the initial application, Xcel did not propose any landscaping adjacent to or on the expansion area. Staff requested that Xcel study ways to reduce the visual impacts. Two additional views were created (Figure 4D and 5D) that added tree plantings in areas forward of the expansion or on soils not impacted by the landfill liner. Xcel representatives have indicated that their ability to spread the ash was complicated by the existing utilities on site. Additionally, both Xcel and the City are interested in providing an area in the northeast corner of the site for park and recreational purposes. Landscaping. Xcel has provided the two conceptual views with landscaping which does mitigate some of the visual impact of the expansion. Xcel cannot guarantee that the MPCA will allow any type of plantings on the capped areas of the landfill. Additionally, note that the views indicate trees that appear to be approximately 20 years • old. The City Arborist has reviewed the two views and would require a full landscape plan. Her memo is attached as Exhibit 7. Additionally, the City should receive configuration from MPCA that the landscaping as proposed by Xcel can be completed. Utilities. There are a number of sanitary and stormwater sewer lines that pass through the ash disposal facility. Of note is a 24 inch sanitary sewer line that passes directly under the expansion area. The proposed final cover plan indicates that the expansion area is separated into two areas on either side of this sanitary line. The City Engineer has expressed concerns with placement of additional fill over and directly on either side of this sanitary sewer line. There is concern with long term maintenance and access issues for this and the other lines that are adjacent to the expansion area. The City Engineer will issue a separate report outlining the utility issues. Trails /Park. The existing trail that passes through the capped portions of the site would need to be moved to the north of the expansion area. The final cover plan (Exhibit 3) indicates the location of the moved trail. The City has worked with Xcel on the long term plans for development of park facilities once the site is capped. The initial plan indicates that the playfields and possibly pavilion would be constructed in the northwest corner of the site. As a condition of approval for this conditional use permit, timelines will be placed on Xcel for park development and construction of the facilities. CONCLUSION / RECOMMENDATION • Based upon the preceding review, City staff recommends the Planning Commission hold on any recommendation at their July 10, 2008 meeting. Staff is concerned with the 3 visual impacts of the expansion area as now planned, there is no final landscape plan, • and it is uncertain whether MPCA would allow the landscaping as proposed in the concept diagrams. Additionally, there are significant concerns of the City Engineer with the placement of fill on and near the existing utility lines. Delaying the project an additional month will allow staff to work with representatives of Xcel Energy on these issues. City staff further recommends that Xcel Energy hold a community meeting for affected neighboring residents as to their plan prior to City Council consideration of their request. • I I • 4 osill eo , Oil rw rF� � ♦��� ���"t_� 1 o FIS 1 I � � FE ZMER—R, all, / j/ ' 6,0 �Alkk ChOMNT M-- - 1 ;� � � � (�`g�° �• � � ,� \. ter. I N S is a� m � o C LLI o roc LaLoo, g 8i 8 = O m LM M ey 0 u� w LL LL g iLa<.J o C 8 c m 1{ d U Z w • � 1� o R W U . CD a 4 O Cd Z x d w ¢ 2 Z ► I i 0 ix _� D �g 4 w c 0 LU g ! m a�= z o - �o 0 + + + + + «+ s \_ .� a a x •iO . o 1 I fi + of G� FI I + +� —`a o° o °O1 i ° + ° i +� ���I�� + / a � ' C . �, Y �, • , . �3 1 � X11 i \ . gym• �' --_ � � -''°+v �.. � = a ' �i % M R + + + . n Z + a +gip / + — + + + + + _ — ` + 'l _ - .�:�.` -, /'\ j "� �v a .�' _ , / (i• `` >) Jj � (Z /i � � 1, f � i�•s ;� `- � / / ' I- - _ - — - — - — — i u6VpM- gd-LOu -no f41o1sOMp Uuu4bmp\dx3 Wo UddVlwd 19 11 80 W ZOLOAGYLN W G)mbJ&:d' ljnE9 11 1!:d q Sa19W uAuOpe—jILgspiep M9 ! 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S- !e - �,,. -� �j� `� ice' •gall /./�/ , � \� `'�� r _ _ } ���. � ���� � •� � � / i� fi ; / f /I( + + + + + u suappmJ pssodotd Ll!o1sBMP uuued!&mRdx9 BOOZT dvlwd Al!OOW ZOLO)lGV WSM1OJdl:d' 11nBM Kp•dwgwppWo qe! usd� -.q - jAspispuels !9M:d :Opal ued 1p ieseyd l!eq �uPd P1YV1�B^P� lokA-RB7MWIsPj WCd' �BnPd iqd Wd 4Z:K:Ew :paUeld EXHIBIT 4 6" VEGETATIVE GROWTH LAYER ' (TOPSOIL AND TURF) 12" ROOTING SOIL _ Vii, «A ;+ =:v3a i i 12" SAND ' r DRAINAGE LAYER IMPERVIOUS CAP (GEOMEMBRANE) BUFFER SOIL (AS REQ'D) Pf COALASH r 5300 Highway 12 M cmapie C ain fa Plain, 90 55359 952- fax 952 - 3-3 463901 a( 4 �, ` www.mccainassocietes.com Final Cover Soils and Plantings (cut -away perspective) 2008 Vertical Expansion A.S. King Ash Disposal Facility A.S. King Generating Plant Oak Park Heights, Minnesota EXHIBIT • CITY OF OAK PARK HEIGHTS AMENDED CONDITIONAL, USE FOR LAND RECLAMATION FOR XCEL ENERGY NWAC File No. 798 -02 & 798.04 -05.05 Amended Permit Issued : April 25, 2006 Legal Description: See "Exhibit A" Legal description attached hereto Owner: Xcel Energy Address: 414 Nicollet Mall Minneapolis, Minnesota e Address: 1103 King Plant Road Oak Park Heights, MN 55082 Present Zoning District: I- Industrial Permitted uses set forth in Ordinance 401 Section 401.12; CUP requirements: Code Section 308.08 I. AMENDED CONDITIONAL USE PERMIT FOR: The ash disposal site is a permitted use and the conditional use permit granted in 1996 adopted the final cell development plan that included mining and land reclamation. Changes to the conditional use permit granted in 1996 require an amended conditional use permit. Xcel has requested a change to the conditional use permit to allow anew plan for grading on the east edge of the site and the post closure access roadway that will connect to the existing cul -de -sac at 58"' Street. II. The applicant has submitted a site drawing and supporting documentation to the Community Development Department attached as part of the April 6, 2006 planning report, see Exhibit B. III. All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. All ash hauling to the site shall continue to be from the Beech Road access. No access for fill operations 16 shall be fxom the 58` Street access. Access to 58 "' Street shall be not be allowed until such time as the access from Beech Road is discontinued. Emergency vehicle access shall be provided in the long term • from 58` Street. 2. Xcel shall replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree replant requirements. 3. The plans shall be subject to review and approval of the City Engineer. 4. The location of the gate and fencing for the post closure access road shall be subject to City approval. 5. The City staff shall review the status and condition of the road entering the area at the end of the cell life and determine whether the road should be paved. If so, the applicant shall pave same or apply such other road treatments as the staff recommends. 6. At the end of the cell life, City staff shall review the status of the Cover Park parking lot previously installed by Xcel, and Xcel shall modify same to final site conditions including fill against hockey boards. 7. The City Engineer shall review the existing cul -de -sac on 58`" Street and recommend any changes to resolve drainage issues that may presently exist before any connection to the cul -de -sac is made by the applicant. 8. Xcel shall ensure that adequate dust controls measures are implemented at all times. Xcel shall install appropriate automatic sprinkling systems and implement other improvements to control dust during the • weekends. All such systems shall be subject to review and approval of City staff. IV. This Conditional Use Permit is issued in addition to and not in replacement of any other permits previously issued by the City to this permit holder. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK P IGHTS Date: By avid Beaudet, Mayor Date: � BY Eric Johnson City Administrator ce ergy Date: Its • Exhibit A Moelter Site -- Fly Ash Depository Legal description(s) Washington County GLO Code: 03.029.20.22.0001 Legal Description: NW1 /4 -NWI /4 032920 EAST OF RR SM-T TO EASE Washington County GL +'O Code: 03.029.20.22.0002 Legal Description: ALL THAT PT NW1 /4 OF NW 1/4 032920 PT ELFFELTS ADD & PT 0 FOAK PARK ADD, ON FILE & OF RE CORD IN OFFICE REG DEEDS DESC A Exhibit B • SITE PLAN AND PROJECT ATTACHMENTS ti ` -- ..___• I <{ S 3 u f J_ ^�- z: J< q G o a o • F F , 2 , 2) r?") 7. fi! n i. O ILI M 5T t7 UI 0 ��/ IuI U n � .j,J ,�� � U �� Z5 Z; u F-L, ,= r U jp, :, ; :: o :� h; V) Z rL z Co E- ---47 �+ I L+ �' Q U P Ft i F �D O Fl Q Z mc, � F4 I . 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"c _s- c•�y�r"�`•',e�'.s 54 mm MR NO - t-x• �. r£` �"'-„• f, �-{ ���-__ � ,- r- p,- .r__-,-- �- _- •,_.,i__,) k �a ° " ,rs /: • �.� l,r, / \ia 5 �. : /,•. .�- r. eF`'•`- ::- _ _zr'.• >� t1 "z' -�"� // // '. . • p Ste- f•1__ .-- ..;��:= ^ =_`_' 1;. L' LU' �• - _""c, ` gy m �: i ii \•\ +_. � / � �' o��', \� j . — � 'ter t � � `w� \, -tY.1 1 / � +// 5 i ...s;,•,, ; . - "sn',� 3>sese+xaoxuat�wsuoo soot nosa�a�nsnelon4: o0 1111' Vz x 4 Z L i 1 x I q p -f •�Y= • hh LU el- kt p l� 7 t � 1 1 2 5 LU \ t NN, t lia. t s � y S.: `t 1 E Vage 1 01 1 Julie Hultman . .............. From: kdwidin@comcast.net Sent: Thursday, April 06, 2006 4:51 PM To: Tom Ozzello Julie Hultman; Dennis Postler; Eric A. Johnson; Jim Butler; Scott Richards; Mark Vierling Cc: Julie Johnson Subject: Xcel Fly Ash Site - Tree Replacement 0 1) 11 S ta IT - `J'oday I met with Sharon Sarappo, senior e nvironmental analyst with Xcel Energy regarding the additional tree removal. and t replacement for the final phase of construction at the fly ash landfill west of the 59th St. cul-de-sac. Sharon's memo of 4/5/06 listed the removal of 12 significant trees On the west s ide of the chain link fence. 'I'llere are two more oak which are down to the south west of these trees w h i ch. will also have to be removed for grading. Since all the trees on the west side of that fence will now be removed, it will further compromise screening of the landfill site from the adjoining residential properties. Rather than have Xcel pay a fee "ill lieu of planting", I think the replacement trees should be planted oil the Xcel property to provide additional screening, Ms. Sarappo and I also i discussed numerous trees n the area which were planted in past years by Xcel and have (lied due to lack of care. There are also 3 red pine (approx. 12 ft, tall) which will need to be moved with a tree spade since they are in the path of the proposed access road. Consequently, the tree planting and replacement recommended consists of replacement of 7 of the evergreen and deciduous trees which previously died ( oil the cast side of the trail from the cul-de-sac), planting of 7 trees as r eplacement for the significant trees being removed in this current phase of construction, and transplanting of the 3, 12 ft. red pine mentioned above. At the site rev 1 -necting 4/5, Mr. Knutson also stated that they could plant 3, 6 ft. "Black hills" -1ills" spruce in the area northwest of the trail to replace screening provided by the large cottonwood which will be removed in this phase. After planting, the t should each be watered and mulched with 4-6 inches of wood chip mulch in an area several feet out from the trunk on all sides. Supplemental watering will need to be done for the first season after planting to ensure that the trees get established well. 'There is ample area to plant trees around the cul- de-sac, including the eastern side to provide some screening for the tall house. The species recommended for planting include: river birch, red maple, bicolor oak, bur oak., basswood, honeylocust and "Black Hills" white spruce. If You have any questions regarding this report, please contact rilie. Kathy Widin Arborist OPIT d /7/ ) nOri EXHIBIT Visual Impact Analysis 2008 Vertical Expansion A.S. King Ash Disposal Facility MPCA Permit No. SW -54 A.S. King Generating Plant Oak Park Heights, Minnesota Prepared for Northern States Power Company a Minnesota corporation xcelEnergy June 24, 2008 Prepared by McCain and t1ssaciates, inc. Visual Impact Analysis 2008 Vertical Expansion A.S. King Ash Disposal Facility MPCA Permit No. SW -54 A.S. King Generating Plant Oak Park Heights, Minnesota Table of Contents Description of Visual Impact Analysis Figure 1 Photo Rendering Location Map (current and permitted conditions) Figure 2 Photo Rendering Location Map (proposed conditions) Figure 3A Current Conditions, Camera Location 1 Figure 3B Permitted Conditions, Camera Location 1 Figure 3C Proposed Conditions, Camera Location 1 Figure 4A Current Conditions, Camera Location 2 Figure 4B Permitted Conditions, Camera Location 2 Figure 4C Proposed Conditions, Camera Location 2 Figure 5A Current Conditions, Camera Location 3 Figure 5B Permitted Conditions, Camera Location 3 Figure 5C Proposed Conditions, Camera Location 3 Visual Impact Analysis 2008 Vertical Expansion A.S. King Ash Disposal Facility This report presents an analysis of visual impacts from the proposed vertical expansion of the A.S. King Ash Disposal Facility. The analysis consists of presentation of rendered photographs taken from three vantage points around the facility. For each vantage point, three depictions are presented: 1) Original photograph (how the site appears as of the date of the photograph) 2) Previously permitted conditions (how the facility would appear as previously permitted, peak elevation 847.5) 3) Proposed conditions (how the facility would appear with the vertical expansion, peak elevation 877.4) Photographs of the site were taken on May 7, 2008 for Camera Location 1 (north frontage road on Hwy 36 in front of the County Government Building), and on May 15 for Camera Location 2 (top of entrance ramp to westbound Hwy 36 at Beach Road) and Camera Location 3 (east facility property line, in front of the bed - and - breakfast). The coordinate locations and elevations for each camera location and target direction were surveyed so that an accurate perspective could be produced. In order to accurately portray the future conditions, a three- dimensional CAD model was developed for permitted and proposed site conditions. The CAD model was then "viewed" from the surveyed camera and target locations in a perspective mode that accurately displays a camera perspective view. A "wireframe" model of the future conditions was extracted from the CAD model for each perspective and converted to a graphic file format for rendering. The wireframe models of future conditions were superimposed on the photographs, and rendered with a turf grass texture using Photoshop CS2 software to produce the final rendered images. Figures 1 and 2 show in plan view the limits of future site development for permitted and proposed conditions, respectively, along with the camera locations and fields of view. Figures 3A, 313, and 3C show existing conditions, permitted conditions,'and proposed conditions, respectively, from Camera Location 1. Likewise, Figures 4A -C and 5A -C show those same conditions from Camera Locations 2 and 3. °— J ul V�l ' U - � u3 j l < ART - • • - .. CL W - f uj Of Ali in z< t}��f W s - C� El_ L CD r a 3 ui uj lb Iff t � � a a- Ts a .x.. .y , Ir . A - LLI Pon *a- ; - • : • _ 1 1 J LLJ a. � • ? • : • W r . CO ., Z z W +� W " Z - _,'_ Q . d U X _r: ' Z`J Ll =W �]. \u to O Lu tr U Lij d Cif z n Ua. `ZZ f W cn Ltl Lli W �.- Lu W 0�wUT A s _ _- ! W,' k I Y � t Q o J z 5 C7 0<oaz 00 � D U I P P: J WWo >y � m 0 > l - L � LL gg . 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U / 'A \ 7 77 F a _ S 0 '-''-'- - R ?:7 s ee r a � � { t ! 1' 1 i •$ r � _ e J t s- s � n`tt• 4 k ; • � t < .ty 0 LS Me -, k r h - 3 i hY sJ r !y � 3 f ( F Y 4 ' i 4 t i € S y is S Y` '.t tt- 14 t S U -� Am ,:. , • It IA low tt t } if [[ r` r LLJ LLI Ln Z • -, _ � r LL LLJ V ) Af f t t r{- t IZ i { r I :a •'� � t t 3� _ �((( • P t � t , � P f. 1 F' ! ; sry W x y 4 } A- is w a EL d �z p IL Ak Y `II rN j a 55a vt a . WH LVZF6900Z /9Z /9'ldeouoo>jed'6mppsinoluo0 AA ldaouoo \bmp \d%(3 9ooZ\Iddv lwd JallaoW MZ>1SF�;IS'olsloafadFd • Julie Hultman EXHIBIT K.D. Widin [kdwidin @comcast.net] Wt Thursday, July 03, 2008 7:47 AM To: Eric Johnson; Mark Vierling (E- mail); Dennis Postler (E- mail); Scott Richards; Jimmy Butler; Judy Holst; Julie Hultman; Tom Ozzello Subject: Xcel Energy amended C.U.P. OPH Staff - Xcel Energy will need to submit an actual landscape plan for the permit revisions /amendments for the expansion of the A.S. King Ash Disposal Facility, instead of just a concept image. The plan should contain information on name, number and type of planting stock for each tree or shrub type to be planted, a planting detail showing in what manner trees and shrubs are to be installed, and the plan itself, depicting the plant layout on site with reference markers of direction and scale. Please forward these comments to the developer. Contact me if you have any questions. Kathy Widin OPH Arborist 1 • City of Oak Park Heights 14168 Oak Park Blvd. N. — P.O. Box 2007 Oak Park Heights, MN 55082 Memo To: Planning Commission From: Julie Hultman, Planning & Code Enforcement Officer Date: July 10, 2008 Re: Xcel Energy (Moelter Fly Ash Site) CUP Amendment Request Two letters of communication have been received in response to the mailed Notices of Public Hearing regarding Xcel Energy's request for Amendment to the Moelter Fly Ash site Conditional Use Permit. These letters are attached for your reference and should be acknowledged as public comment to the matter. I i • July 1, 2008 Eric Johnson; City Administrator, In reference to Moelter fly ash site, increasing the height can be nothing but an eye sore to the area. As it right now, it looks fine, but to raise the height would not be in the best interest of the homes nearby. My recommendation would be no. Russell Baribeau 5900 Oxboro Ave. N. Oak Park Hts. MN JUG � 3 20OU ' al `z • • July 7, 2008 To: Eric Johnson, City Administrator Mayor and City Council Planning Commission City of Oak Park Heights Oak Park Heights, Minnesota From: Judy & Chuck Dougherty Re: Public Hearing Moelter Fly Ash Pit Site We received the notice of the public hearing regarding the conditional use permit amendment for the Moelter Fly Ash Site. We will be out of town on July 10` attending a family wedding, an event that has been planned for over a year. Since we are one of the most affected property owners, we request that this hearing be tabled or at least continued so that we may participate in the discussion. • There are several items that were not clear in the notice: It mentions a vertical expansion, is this over the open area or for the entire site? What is the proposed increase in height? Can Xcel put a post to show us the new height? We have spent a substantial amount of time and money designing and building an addition to our property. The design was based on the current height of the finished area being the final height of the entire area. Does this mean that the pit will still be closing in 2010 or is this also an expansion in the closing date of the pit? If so, what would that new closing date be? We have tolerated that work in the pit while planning for that day in 2010, the date we have been told many times, as the last year the pit will be in operation. Again, we have made a substantial investment in our home and business knowing that the work would end so and we, and our guests, can completely • enjoy our property. 1 • The work in the pit has increased in the last year. It use to be two half days per week, Tuesday and Friday morning. It is now five days a week, most of the time, all day long. The rumbling, noise and dust have also increased, getting to the point where we cannot enjoy our property and our home. If there is an expansion and extension to the pit operation, what is planned for the affected neighbors? We have tolerated a lot over the years while looking at the light at the end of the tunnel. We have planned for, and invested in, the future without the pit operation. Why these changes now? What is the cost savings for Xcel Energy for keeping the pit open? We think it's imperative that we are a part of this discussion and would like to reinforce our request that this be tabled or continued until a later date. We appreciate your consideration on this important matter. Sincerely, Z� 4 V, Judy & Chuck Dougherty Cc: Fritz Knaak, Knaak and Kantrud Darrel Knutson, Xcel Energy • 2 Page 8 of 44 4 ,•'IZ� <�_. ,_.�.<:1 la.h -� ���n._F -�_ c� _.�i- c'�e:....- tx "� j �� �� :� I - z, , J I X A,ee le "I"t 7" Ij - d, X jr z/x ed 'A " Y, Page 9 of 44 `�� : ,l.��.�� ... M.� "1(��.4'.... `L ��:.�. - �,�,�� -1�, �1( G ✓LC.:J ,..:1. <.j,.Lt.CL�CD i'Z JJ Aa. Jc LAt, _k7tJ-C--' t e. 6LI11- L e �..'•L��tl_.1~.�J � .�/�.dl•G�f__ ..:LEA:! ,���. /)'�r..��: �Lcct.t'�..C..:. L/L[•_'.,[. -�..' �� G "� )C..U.:e;+�.. . <'1:�;1. ,��. �LG�L�.ly.i'..; I i):;( ,�ti'••�GC /_t1,fi...•i . �o2P... � ,- I'G.l�� ?1..4'._.� ... -Lk� 76 a- l d_ Ito. ZX 'Aliffl. A "i ".e. z ltce_ Z7 � IX �,�1 -�Pt� ��cc.� rtafc���,rc..cl.r�.: >i �'J'��' 'Y ���C� c:�..c:_(: �tf��_.....��c .. 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