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HomeMy WebLinkAbout1991-01-24 NAC Ltr to OPH Re MWCC Expansion • rN Northwest Associated Consultants , Inc . AC URBAN PLANNING • D E S I G N • MARKET RESEARCH MEMORANDUM TO: David Licht FROM: Scott Richards DATE: 24 January 1991 RE: Oak Park Heights - Metro Sewer Treatment Plant FILE NO: 798 . 02 - 91 . 01 As per your request, I have researched the issue related to an expansion of the Metro Waste Control Commission Sewer Treatment Plant located in the City of Oak Park Heights . The sewer treatment plant is located adjacent to the St. Croix River at Upper 61st Street and St. Croix North. The site on which the plant is located is an 0, Open Space Conservation District in which governmental and public regulated utility buildings are a conditional use . Government or public regulated utility buildings are not defined in the Oak Park Heights Zoning Ordinance . The sewer treatment facility is located in the Lower St. Croix National Scenic Riverway and is regulated under NR2200 General Provisions . The provisions do not allow sewage treatment facilities as a permitted use and conditional uses are allowed as follows : "In Urban Districts ; uses permitted without a rezoning in specific zoning districts by existing local ordinances in effect on May 1, 1974 may be allowed as conditional uses by the local authority. " The Oak Park Heights Zoning Ordinance in effect in May of 1974 was Ordinance No . 60, approved February 14 , 1972 which adopted and amended portions of the Model Zoning Regulation Code For. Communities in Washington County adopted May 23, 1967 . Ordinance No . 60 is silent on sewage treatment plants in all of the zoning districts . The general area containing the sewage treatment plant was zoned Limited Industrial at that time. In Section 4 4601 Excelsior Blvd.• Suite 410•Minneapolis, MN 55416• (612) 925-9420• Fax 925-2721 the Ordinance does allow those sections of the previous zoning regulations including Ordinance No. 20 to be valid if not inconsistent with Ordinance No. 60 . Ordinance No . 20, adopted November 9 , 1964 , allows public utility and public service uses which would include sewage treatment as a permitted use . That section is found not to be inconsistent with Ordinance No. 60 in that other public utility and utility substation uses are listed permitted uses . See attached Ordinance No. 20 and applicable sections of Ordinance No. 60 . CONCLUSION From the review of ordinances , it would appear that the sewer treatment plant was a permitted use under the Oak Park Heights Zoning Ordinance on May 1, 1974 . Under current regulations expansion of the sewer treatment plant will require a conditional use permit to be issued by the City. If you have any questions or would like copies of the aforementioned ordinances , please advise. cc : LaVonne Wilson Molly Shodeen (DNR)