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HomeMy WebLinkAbout2023-11-28 CC Resolution 23-11-37 RESOLUTION NO.23-11-37 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 10-FOOT SECURITY AND SCREENING FENCE AT THE XCEL SUBSTATION, 5789 STAGECOACH TRAIL NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Xcel Energy for a Conditional Use Permit to allow construction of a 10 foot security and screening fence at the Xcel Energy Substation at 5789 Stagecoach Trail North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned 0-Open Space Conservation District in which electrical substations are a permitted use; and 4. The 10 foot fence will be constructed of wood along the north, west and south sides of the substation with a gate at the southeast corner; and 5. At the east side of the substation, a 10 foot black chain link fence will be installed; and 6. Xcel Energy will remove the fencing around the storage area on the south side of the substation and that area will no longer be used as a storage area; and 7. A Conditional Use Permit is required to allow the 10 foot fence where a maximum of eight feet is allowed in Section 401.15. E of the Zoning Ordinance; and 8. City staff prepared a planning report dated November 2, 2023, reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their November 9, 2023, meeting,took comments from the applicants and public, closed the public hearing, and recommended the application for approval with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Xcel Energy for a Conditional Use Permit to allow construction of a 10 foot security and screening fence at the Xcel Energy Substation at 5789 Stagecoach Trail North affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. Any non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. If Xcel determines a need for a storage area to the south of the substation, screening and City review shall be required. 3. Xcel shall provide fence construction plans as part of the required building permit subject to City Staff review. Approved by the City Council of the City of Oak Park Heights this 28th day of November 2023. d ? M. 'cComber, Mayor i ATTEST: JacoXL, City Administrator 2 ATTACHMENT A Conditional Use Permit For Xcel Energy Substation Security/Screening Fencing Located at 5789 Stagecoach Trail,N. Washington County Property Identification Numbers: 03.029.20.12.0016 03.029.20.12.0014 03.029.20.13.0005 ATTACHMENT B n Conditional Use Permit For Xcel Energy Substation Security/Screening Fencing Located at 5789 Stagecoach Trail, N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150' from subject property) • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing& Recommendation: November 9, 2023 Required Approvals: CUP City Council 4/5 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. (401.03.C.4.a and b)