HomeMy WebLinkAbout2024-01-31 WC Recorded CUP 4428505Receipt:# 641518
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4844 North 300 West
Suite 202
Provo UT 84604
4428505
111111 VIII VIII VIII VIII IIII VIII III IIII
Certified Filed and/or recorded on:
1/31/2024 9 40 AM
CElyI:1-i<116i
Office of the County Recorder
Washington County, Minnesota
Amy Stenftenagel, County Recorder
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park
Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
Conditional Use Permit
To Allow
Security/Screening Fencing
For
Northern States Power Company, dha Xcel Energy
At
5789 Stagecoach Trail, N.
City of Oak Park Heights
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true, and complete copy of said document within the files of the City of Oak Park Heights.
LaI&WOaK", 1147.1ZMA.1�TC�7
CONDITIONAL USE PERMIT TO ALLOW SECURITY/SCREENING FENCING AT 5789
STAGECOACH TRAIL NORTH
Planners File No.: 236.02 — 23.05 Date Issued: , 2023
City Council Approval November 28, 2023
Legal Description: See Attached Exhibit A
Owner/Applicant: Northern States Power Company, dba Xcel Energy
Attn: Brian Sullivan
414 Nicolett Mall, 6" Floor
Minneapolis, MN 55401
Site Address: 5789 Stagecoach Trail North
Oak Park Heights, MN 55082
Present Zoning District: O — Open Space Conservation District
Permitted uses set forth in Ordinance 401 Section 401.15.E
The City of Oak Park Heights approved an application from Xcel Energy for a Conditional Use Permit to
allow construction of a 10 -foot security and screening fence at the Xcel Energy Substation, 5789
Stagecoach Trail North. The fence will be constructed of wood along the north, west, and south sides of
the substation with a gate at the southeast corner. At the east side of the substation a I 0 -foot black chain
link fence will be installed.
Planning Staff prepared planning reports dated November 2, 2023 reviewing the request, and the Planning
Commission held a public hearing on November 9, 2023 and recommended approval with conditions.
The City Council considered all materials, staff reports, and recommendations on November 28, 2023 and
passed a Resolution approving the Conditional Use Permit subject to conditions as follows:
1. 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.
Xcel shall provide fence construction plans as part of the required building permit subject to City
Staff review.
III. Reference Attachment:
The reports of the City Planner dated November 2, 2023, and all exhibits and site plans approved by
the City Council are annexed hereto by reference as Exhibit B.
IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted
by the City under the terms hereof.. Any discontinuation or abandonment of the uses permitted
hereunder upon the site for a period of 12 continuous months shall void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: %
Dater 02-y
Date: 12-IZ-2'-j I/
Thus instrument drafted by:
Eckberg Lammers, P.C. (KSS)
1809 Northwestern Avenue
Stillwater, MN 55082
By 71- fc !,
A �, dc
M ry/Aoolcewomber, Mayor
t
By ---
Ja4ob fife, City Adirnvustrator
OWNER/APPLICANT- NORTHERN STATES
POWER COMPANY, DBA XCEL ENERGY
�.7�
By a
Brian Sullivan, Siting and Land Rights Agent
2
11 000"Allim"IM
(Washington County Geo. Code 03.029.20.12.0016, 03.029.20.12.0014, AND 03.029,20.13,005)
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more or le:�s !-,o the line Of prope.-ty now owned by Northern St-aten, Power
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3
PLANNER'SREPORT A' SITE PLAN
0
Oak Park Heights
Request for Council Akelfil
Meeting Date _ _ November 28, 2023
Agenda Item Xccl Energy Substation Conditional Use to Allow Security/Screening Fencin Y
57$9 Stagecoach Trail North
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor City Planner Scott Richards
Requester's Signature
Action Requested Approve Resolution
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached Planning Report and draft Resolution.
Page 17 of 40
V/
TPC3601 1 huf star, Avenue "A, Su� 100
Anoka, MN 55303
Phone; 763.231.5840
Facsirnde769.427.0620
TPC,,��-PlarntngCo.cor-T-,
TO -
FROM:
DATE:
RE:
Scott Richards
Oak Park Heights — Xcel Energy Substation - Conditional Use tt
Allow Security/Screening Fencing — 5789 Stagecoach Trail North
Brian Sullivan of Xcel Energy has made an application for a Conditional Use Permit
(CUP) to allow construction of a 10 foot security and screening fence at the Xcel Energy
Substation, 5789 Stagecoach Trail North. The fence will be constructed of wood along
the north, west and south sides of the substation with a gate at the southeast corner, At
the east side of the substation a 10 foot black chain link fence will be installed.
The property is zoned 0 — Open Space Conservation District in which electrical
substations are a permitted use. The Conditional Use Permit is required to allow the
fence height of 10 feet.
The Planning Commission, at their November 9, 2023, meeting, held a public hearing,
if the Applicant's and public testimony, and after consideration of the application,
unanimously recommended approval with conditions. The recommended conditions are
found below and the City Council resolution.
Attached for reference:
Exhibit 1:
Project Narrative from Xcel Energy — Brian Sullivar
Exhibit 2:
Proposed Plan
Exhibit 3,
Site Pictures
The Planning Commission recommended approval of the application for a Conditional
Use Permit to allow construction of a 10 foot security and screening fence at the Xcel
Energy Substation, 5789 Stagecoach Trail North., subject to the following conditions,
The Planning Commission also recommended that the screening provisions of the
Zoning Ordinance be reviewed so simple variations related to fencing and screening
Page 18 of 40
would not require a Conditional Use Permit. The City Council should discuss and
provide direction.
1 Any non -security lighting, if installed, shall be full cut off and comply with thc
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.
Page 19 of 40
XcelEnergyd,
RESP ONSIOL E BY NATURE&
October 10, 2023
City of Oak Park Heights
14168 Oak Park Blvd, N.
Oak Park Heights, MN
Northern States Power Company, a Minnesota Corporation, &b/a Xcel Energy, herein referred to as -Xcel
Energy", its agents, contractors, and employees will be performing maintenance on Electric Substation,
located at 5789 Stage Coach Trail N , Work will consist of the replacement of the current fence around the
substation. The work is scheduled to take place in 2024. A new 10 foot fall fence will be constructed to
enhance security on the property and for the general upkeep of the fence enclosing our facility.
To ensure the protection of employees, contractors. the general public, and company property and
equipment, Xcel Energy has adopted measures to ensure the safe operation of our facilities. The National
Electric Safety Code states in part that rooms and spaces in which electrical supply conductors or
equipment are installed will be so arranged with fences, screens, partitions, or walls to minimize the
entrance of unauthorized persons or interference by them with equipment inside. The electric transmission
line and the structures and devices that support The lines are an integral part to the delivery of electricity to
our customers. The risk of interrupted service and injury is high for unauthorized access to our equipment.
Only specially trained and equipped personal may enter these areas.
In response to the obligation to increase security at our facilities, Xcel Energy implemented new fence
standards for securing substation properties, The new standards increase the difficulty of gaining unlawful
access into the substation. Analysis has shown that increasing the fence height from 8' to 10' and limiting
the mesh opening in chain link fences openings to less than I" increases the difficulty of scaling the fence,
deterring unauthorized access into the property.
Recent inspections by Xcel Energy identified the need to implement security measures that will reduce the
possibility of unauthorized access to our facilities. The fence improvements include a ten feet tall solid
wood fence along the north, west and south sides of the substation, In addition to security enhancements,
the wood fence will provide a visual screen to the property. The cast side of the property and the gates will
be ten feet tall black chain link fence. The chain link will allow first responders visual site lines into the
substation prior to entering the. facility. The existing chain link fence around the storage area to the south
side of the substation will be removed.
The fence upgrades are part of Xcel Energy's comprehensive efforts to secure the electric grid. More
specific details about the fence are included for your use. If there are any unanswered questions, don't
hesitate to contact me.
Thank you,
Brian Sullivan
Siting and Land Rights Agent
File; Oak Park Heights Sub
Xcel Ene-L
F _iy
414 Nico(let Mall, 06 1 Minneapolis, MN 55401
:612.216.8083 1 0-.612.366.0234
EmaW brian.e.suilivan&xGelenerg�L.com
Page 20 of 40
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Page 21 of 40
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CITY COUNCIL
CITY OF OAK PARK HEIGHTS
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:
I . The real property affected by said application is legally described as
follows, to xvit:
SEE ATTACHMENT A
2, The applicant has submitted an application and supporting documentation
I supporting
the Community Development Department consisting of the following items:
NAM
3. The property is zoned O -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. I fence will be
a 10 foot black chain link
installed. and
G. 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
Page 28 of 40
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 recoirunended 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, inecting, 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 APPROVE!
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:
Any non -security lighting, if installed, shall be full cut off and comply with the
Zoning Ordinance requirements.
If Xcel detennines 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 pen -nit
subject to City Staff review.
Approved by the City Council of the City of Oak Park Heights tNs 28"' day of November
2023.
Mary McComber, Mayor
Jacob Rife, City Administrator
Page 29 of 40
ATTACHMENT A
For
Xcel Energy Substation
Security/Screening Fencing
Located at
5789 Stagecoach Trail, N.
m
03.029.20. l 2.0016
03.0-29.20.12.0014
03-029.20.13.0005
Page 30 of 40
For
Xcel Energy Substation
Security/Screening Fencing
Located at
5789 Stagecoach Trail, N.
Application Materials
• Application Forrn
• Fees
• Plan Sets
Written Narrative and Graphic Materials Explaining Proposal
Mailing List from Washington County (350'1150' from subject property)
Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing & Recommendation- Novenriber 9. 2023
Required Approvals- CUP
City Council 415
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)
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