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Home My WebLink About09-07-27 RESOLUTION NO. 9- 0 7 - 2 7 • 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 NORTHERN STATES POWER/XCEL ENERGY FOR AN AMENDED CONDITIONAL USE PERMIT TO CONSTRUCT A SOLID WASTE TRANSFER STATION AT THE A.S. KING POWER PLANT LOCATED AT 1103 KING ROAD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Northern States Power /Xcel Energy for an amended conditional use permit to construct a solid waste transfer station at the A.S. King Power Plant located at 1103 King Road; 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 subject site is zoned I, Industrial District in which power plants are a permitted use. The A.S. King Power Plant is in a River Impact District which requires a conditional use permit for construction activities; and 4. The solid waste transfer station would be approximately 3,600 square feet, 30 feet in height, and would be located at the northeast corner of the power plant; and 5. City staff prepared a planning report dated June 4, 2009 reviewing the request; and • 6. Said report recommended approval of the conditional use permit subject to the fulfillment of conditions; and • 7. The Planning Commission held a public hearing at their June 11, 2009 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 Northern States Power /Xcel Energy for an amended conditional use permit to construct a solid waste transfer station at the A.S. King Power Plant located at 1103 King Road and 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 freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 2. Any grading and drainage plans shall be subject to review and approval of the City Engineer and applicable watershed district. • 3. The City will not require conformance with the Design Guidelines for the project. 4. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. 5. Should the proposed transfer station be declared as tax exempt being classified as pollution control equipment or for other reasons, Xcel Energy shall make a payment in lieu of taxes to the City utilizing a market value calculation on the building as set by the Washington County Assessor for such structure. Approved by the City Council of the C' of 1 ark Heights t s 14`" day of July 2009. David Beaudet, Mayor AT •'c A' . Johnson, City Administrator 2 • Attachment A Washington County GEO Code: 02.029.20.23.0004 Legal Description: See Attached Physical Address: Xcel Energy, Inc. —A.S. King Plant 1103 King Plant Rd. • • A.S. Kinq Plant (Transfer Station) Location Leaal Description Certificate No. 49650 (Toffens Portion) TRACT "B ", That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range 20 West; and also, that part of the NE% of Section 3, Township 29 North, Range 20 West, and also, that part of Government Lot 5 in Section 34, Township 30 North, Range 20 West, Washington County, Minnesota. All to be described as follows: (NOTE: BASIS OF BEARINGS for this description is the South line of Government Lot 2, Section 2, Township 29 North, Range 20 West being North 88 degrees 48 minutes, 16 seconds East) Beginning at an iron monument (found 4 inch well casing) at the Southeast corner of the SE% of the NE% of Section 3, Township 29 North, Range 20 West; thence West along the South line of said SE% of the Nt% of Section 3 on a bearing of South 88 degrees 47 minutes, 45 seconds West a distance of 333.03 feet to the Northeasterly right -of -way line of the Chicago, St. Paul, and Minneapolis and Omaha Railroad; thence North 38 degrees 03 minutes 13 seconds West along the Northeasterly right -of -way line of said railroad a distance of 3523.33 feet (to an aluminum cap monument stamped JLM RLS #15835); thence continuing along said railroad right -of -way on a tangential curve, concave to the Northeast having a central angle of 6 ring of North 34 degrees 37 minutes degrees 51 minutes 52 seconds, a radius of 3057.16 feet, a chord bea 17 seconds, West with a chord distance of 366.05 feet to the South line of the North 700.00 feet of Government Lot 5 in Section 34, Township 30 North, Range 20 West (set an aluminum cap stamped JLM RLS #15835); thence North 88 degrees 47 minutes 54 seconds East along said South line of the North 700.00 feet of said Government Lot 5 for a distance of 440.23 feet to its intersection with the southwesterly right -of -way of the former Chicago, Milwaukee St. Paul and Pacific Railway Company, thence along said Railway right -of -way southeasterly on a concave cury e to the Northeast, having acentral angle 01 2 degrees 28 minutes 21 seconds, a radius of 5779.65 feet, a chord bearing of South 30 degrees 27 minutes 20 seconds East with a chord distance of 148.53 feet to an aluminum cap stamped JLM RLS #15835, thence North 58 degrees 48 minutes 30 seconds East radial to said curve a distance of 105.60 feet to the southeast corner of the property described in Book 303 of Deeds, page 772 in the Washington County Recorders office (found brass cap in concrete); thence North 01 degrees 12 minutes 06 seconds West along • the east line of said last described deed a distance of 0.50 feet to an aluminum cap stamped JLM RLS #15835 said point also being the southwesterly corner of a tract of land recorded as Document No. 629805 at the Washington County Recorders office; thence North 58 degrees 48 minutes 30 seconds East along the southerly line of said Document No. 629805 a distance of 157.02 feet to an aluminum cap stamped JLM RLS #15835; thence North 01 degrees 12 minutes 06 seconds West along the East line of said Document No. 629805 a distance of 597.81 feet to art aluminum cap stamped JLM RLS #15835, said point also being 100.00 feet South of the North line of Government Lot 5, in Section 34, Township 30 North, Range 20 West; thence on a line 100.00 feet South of and parallel to said Northline of Government Lot 5 having a bearing of North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St. Croix; thence Southeasterly along said shoreline of Lake St. Croix to its intersection with the South line of Government Lot 3 in Section 2, Township 29 North, Range 20 West; thence Westerly along the south line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of 1683.27 feet, to a monument (found a inch well casing) at the Southwest comer of said Government Lot 3, in Section 2; thence Westerly along the South line of Government Lot 2 in Section 2 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of 1320.00 feet to the point of beginning. EXCEPT: That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1, both in Section 3, Township 29 North, Range 20 West'and Government Lot 5 of Section 34, Township 30 North, Range 20 West, as shown as Parcel 63B on Minnesota Department of Transportation Right of Way Plat Numbered 82 -78 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXCEPT: That part of the South Half of the Northeast Quarter of Section 3, Township 29 North; Range 20 West, shown as Parcel 63C on Minnesota Department of Transportation Right of Way Plat Numbered 82 -79 as the same is on isle and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. • o ATTACHMENT B Conditional Use Permit Xcel Energy /A.S. King Plant — Solid Waste Transfer Station Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 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 • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: June 11, 2009 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)