HomeMy WebLinkAbout1998-10-16 NAC Planning ReportPLANNING REPORT
TO: Oak Park Heights Mayor and City Council
FROM: Cary Teague /Scott Richards
DATE: 16 October 1996
RE:
FILE NO:
BACKGROUND
•
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Oak Park Heights - NSP Site - Rezoning /CUP /A.S. King Ash Disposal
Facility Modification /Street Vacation
798.02 - 96.08
Northern States Power Company (NSP) has requested a conditional use permit to allow
mining and land reclamation in excess of 400 cubic yards. Mining /land reclamation in
excess of 400 cubic yards is a conditionally permitted use within all zoning districts. The
purpose of the request is to expand the A.S. King Ash disposal facility, therefore, NSP is
requesting approval of a permit modification for the existing plans for the facility, which
were approved by the City in 1995. NSP is proposing the expansion in coordination with
Minnesota Department of Transportation's (MNDOT) proposed realignment of Trunk
Highway 36 and associated ramps near the site. The MNDOT plans call for a Highway 36
off -ramp to cross the northeastern corner of the permitted NSP landfill. Therefore, up to
30 feet of ash must be excavated from this area and re- disposed. MNDOT and NSP have
agreed that NSP will re- dispose of a portion of the ash back in their landfill as long as NSP
can expand the permitted area to gain back the volume lost. NSP will also be excavating
up to 40,000 cubic yards of slag in this expansion area. This will allow the A.S. King
disposal facility to continue taking the coal ash from the A.S. King generating plant in the
future.
The applicant is also requesting a rezoning of a portion of the site from R -2, Low and
Medium Density Residential to 1, Industrial, to accommodate the proposed use. In
conjunction with the proposed NSP facility expansion and rezoning, the applicant is also
requesting the vacation of certain roadways that are platted within the proposed rezoning
area. The property is located at the east end of 58th Street and 59th Street, south of
Highway 36. There are four quad -type apartment structures and two residential homes
that will have to be razed prior to commencement of the project.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 16
PHONE 6 12 FAX 6 1 - 595 - 9837
Attached for
Exhibit A - Site Location
Exhibit B - Existing Zoning Map
Exhibit C - Land Use Plan
Exhibit D m Site Plan
Exhibit E - Landscape Plan
Exhibit F - Suggested Alterations to Landscape Plan
Exhibit G Street Vacation Map
ISSUES AND ANALYSIS
Rezoning
A portion of the subject site is currently zoned R -2, Low and Medium Density Residential,
therefore, the applicant is requesting a rezoning of this area to 1, Industrial in order to
accommodate the use. Exhibit B shows the specific area that is proposed to be rezoned.
In consideration of the rezoning, a determination must be made in regard to the
acceptability of the proposed land use.
Rezoning Evaluation Criteria: Section 401.16 A. 5 of the Zoning Ordinance directs the
City Council to consider the possible adverse effects of the proposed amendment. Its
judgements must be based upon (but not limited to) the following factors:
1. Relationship to the municipal comprehensive plan.
2. The geographical area involved.
3. Whether such use will tend to or actually depreciate the area in which it is proposed.
4. The character of the surrounding area.
5. The demonstrated need for such use.
Comprehensive Plan: The existing land use plan, as contained within the Comprehensive
Plan designates the majority of the subject site for industrial land uses (Exhibit C). The
townhomes and one of the residential homes are located within the area that is designated
for industrial uses.
Compatibility: The Zoning ordinance stipulates that the proposed use should be
compatible with present and future and uses in the area. I n determining the acceptability
of the proposed zoning amendment, it is beneficial to examine surrounding land uses. The
following is a listing of uses and zoning designations which surround the proposed
rezoning site as shown in Exhibit B:
2
Direction - Use Zoning
North Highway 36 /Residential on R -2- Low &Med. Dens. Res.
North side of Highway 36
South Valley View Park (wetland) O -Open Space
West Industrial (Existing NSP Site) 1, Industrial
East Residential R -2
Immediately south of the proposed rezoning area is a Iarge wetland area within the Valley
View Park, as shown in Exhibit B. To the west of the proposed rezoning area is the
existing NSP disposal facility, therefore, the existing land uses to the west and south are
compatible to the proposed expansion of the NSP disposal facility.
To the north is Highway 36, which provides a buffer to the residential uses on the north
side of Highway 36. However, concern is raised in regard to the land use to east, which
is single family residential. To address this concern the applicant will be creating a Iarge
berm, and as shown within Figure 1, of the Proposed Site Development Plan (distributed
separately to staff and City Council members), a large landscaping /buffering area is
proposed to screen the proposed use. The Landscaping will be described in detail within
the next section of this report.
Character of the Area. The expansion of the industrial land use is not inconsistent with
the land to the north, south and west. If the landscaping /buffering area adequately
screens the NSP site from the residential homes to the east, the proposed use should not
negatively effect the character of the area.
Conditional Use Permit
Evaluation Criteria: The purpose of a conditional use permit is to provide the City of Oak
Park Heights with a reasonable degree of discretion in determining the suitability of certain
designated uses upon the general welfare, public health and safety. In making this
determination, whether or not the conditional use is to be allowed, the City may consider
the nature of the adjoining land or buildings, whether or not a similar use is already in
existence and located on the same premises or on other lands immediately close by, the
effect upon traffic into and from the premises, or any adjoining roads, and all such other
or further factors as the City may deem a prerequisite of consideration in determining the
effect of such use on the general welfare, public health and safety.
Section 401.03.H of the Oak Park Heights Zoning Ordinance conditionally permits the
extraction of sand, gravel, or other material from the land that exceeds four hundred (400)
cubic yards. The Ordinance states that the permit shall be conditioned upon the following:
A. A plan for a finished grade which will not adversely affect the surrounding land or
development of the site.
The applicant has submitted an ultimate use plan including topography, and
Landscaping /buffering area. The proposed finished grade of the site should not
adversely affect surrounding property. Said grading plan shall be subject to review
and approval of the City Engineer.
A. The route of trucks moving to and from the site.
There will be no increase in traffic as a result of the proposed expansion. NSP
traffic will continue to follow their usual routes with similar frequency. Leachate
generated at the facility wilt be disposed of directly into the City of Oak Park Heights
sanitary sewer, therefore, leachate hauling by truck from the site will be minimized
and result in a reduction of traffic around the site. In addition, NSP will be
improving the access roads at the site.
Slag Removal (Nov. 1996 - Jana 1997)
NSP will be excavating slag from the site, proposed to begin in early December of 1996.
The excavation will be completed to elevations in accordance with MPCA approved
construction plans. The slag excavated is to be utilized in accordance with N S P's current
slag utilization permit. NSP is anticipating up to 15 feet will be excavated. Hauling from
the site is proposed from 7:00 a.m. to 6:00 p.m. Monday through Friday. Slag will be
trucked from the excavation site to the Black Diamond storage facility in Woodbury.
Dust: The applicant is proposing to water the site during construction as necessary to
control dust. Watering during the winter months will not be necessary.
Noise: As mentioned, heavy construction equipment will be operated from 7:00 a.m. to
6:00 p.m. Monday through Friday. Therefore, the established MPCA noise levels must be
met at the excavation site boundary. Said MPCA levels are as follows: 65 decibels cannot
be exceeded 10 percent of the time for one hour, and 60 decibels cannot be exceeded 50
percent of the time for one hour. If complaints are received by the City, the MPCA will be
requested to monitor the noise levels.
Slag Transportation: The transportation of the material will be limited by the following
conditions:
A. Hours of hauling shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday
on!
y
Slag haul vehicles cannot release liquids or dust or any other material during
4
transportation.
C. A wheel washer shall be required, and approved by the City Engineer/Washington
County Engineer.
Building Demolition /Utility Relocation (Dec. 1996 - Jan. 1 997)
There are four quad -style apartments and two single family homes located in the southeast
corner of this site that are to be demolished as a part of this proposal. These structures
are shown in Figure 2 of the Proposed Site Development Plan. In conjunction with the
removal of these structures, utilities such as telephone, electrical, cable, and gas will have
to be disconnected and the waterline will have to be relocated. Waterline relocation is
necessary to maintain a loop that currently runs through the area for fire protection for the
remaining residence. The sanitary and storm sewers are proposed to be abandoned at
the nearest manhole. Said proposal to disconnect and relocate these items shall be
subject to review and approval of the City Engineer.
Cell 1 Construction (May 1997 - $pt1997J
Construction and operation of the ash disposal facility (Cell 1) will generate some dust,
and noise, however, the traffic will be similar to that which already exists, and it is within
this phase that the access roads to the site will be improved.
Dust: The applicant is proposing to control dust as part of the Cell 1 Construction as
follows:
A. The site will be watered during construction and operation as necessary to control
dust.
B. The ash will arrive in covered trucks with a moisture content of 15 percent.
C The ash will be landfilled within as small an active working area as possible.
D. Permanent wind erosion control will be established by turf establishment and
landscaping.
Noise: Operation will again be between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday. All equipment will have adequate muffler systems. The same conditions
regarding the above mentioned MPCA noise levels shall be upheld.
Traffic: Traffic patterns to the site shall not be altered, and the existing access roads to
5
the site will be improved.
Site Drainage: The applicant has stated that the construction and operation of the ash
disposal facility will not physically alter the natural drainage system. A ponding area is
proposed in the easternmost point of the site (See Figure 1 in the Site Development Plan ).
Said Plans shall be subject to review and comment of the City Engineer and Browns Creek
Watershed District.
MNDOT Closure of Phase 1 Area. June 1997 - Aug. 1997}
Closure of this area (shown in Figure 1 of the Proposed Site Development Plan) will be
completed under the direction of MNDOT in accordance with a closure plan approved by
the MPCA. Work is anticipated to start in the spring of 1997. The construction activities
include the excavation of slag, grading of the slope, placement of a synthetic liner or cap,
placement of a drainage layer and cover soils, and turf establishment. This work will take
place as part of the Trunk Highway 36 realignment.
Additional Issues
City Frontage Road: As shown in Figures 1 and 2 of the Proposed Site Development
Plan, a frontage road will be constructed south of the realigned Highway 36. This road w i l l
be located within the NSP property boundary, and is scheduled for construction in 1998.
The road construction cannot begin until the Closure of Phase 1 Area has been completed
b y MNDOT and Cell 1 has been constructed. This frontage road will connect lower Oak
Park Heights to the eastern portion of Oak Park Heights and result in traffic no longer
going through Lower Oak Park Heights to get from Bayport to Highway 36.
Cover Park: NSP has indicated on its landscape plan, screening of the NSP site within
Cover Park. However, if the City desires, a portion of this landscaping can be removed
to p rovide a parking lot for Cover Parke NSP has stated a willingness to provide either
landscaping or parking. The City Council should address this issue further as a part of this
approval.
Landscaping: The applicant has submitted a detailed landscape plan, as shown in Exhibit
E. The buffer planting provides an acceptable amount of landscape screening to the west,
south and northeast. The basic planting design provides a line of evergreens along the
buffer planting border, with ornamental and large over story trees on the west and north
side of the residence. Although the amount of screening is sufficient, the plant material
chosen for the buffer zone lacks variety in regards to the species and growth habit. This
buffer area offers a tremendous opportunity to create a naturalized area and provide
habitat for wildlife. Under story plant material (shrubs) should be added to the landscape
6
plan for this purpose. Sumac, Dogwood, Plum, and Viburnum are a few examples of types
of plant material that could be added to the area and would provide food and cover for
wildlife.
Additionally, concern is raised in regard to screening the NSP site north of the existing
residence. There is an evident lack of coniferous plant material in this area, largely due
to the inadequate space available, and shaded conditions. An effort needs to be made to
increase the screening of the NSP operation from the northward view of the existing
residence. Exhibit F shows suggested alterations to the landscape plan for screening. A
row of 21 Techney Arborvitae have been added due to space limitation and shade
tolerance. In addition, the Techney Arborvitae are Coniferous and will provide screening
for the lower levels of the residence throughout the year.
Final Cover Improvements (Scheduled for 1998): As part of construction activities at
the site, NSP has committed to upgrade the final cover system in previously closed phases
of the landfill. The purpose of improving the final cover is to reduce infiltration of
precipitation into the waste, thus reducing the amount of leachate generated reducing
groundwater impacts.
Erosion Control: An erosion plan shall be submitted to the City for review and approval
by the City Engineer.
Fencing: A 6 -foot high chain link fence will be installed around the facility for security.
Said fencing is to be installed in 1997, as shown in Figure 1 of the Site Development Plan.
Required Approvals: All State of Minnesota MPCA, Washington County, DNR, City and
Water Management approvals must be granted prior to the commencement of the project.
Street Vacation
NSP is also requesting that the City vacate portions of streets located within the proposed
rezoning and facility expansion area that will no longer serve residences of Oak Park
Heights. The streets which are being requested for vacation are shown in Exhibit G, and
defined as follows:
1. A portion of 58th Street west of Peabody Ave.
2. A portion of 59th Street west of Beach Road.
3. A portion of Upper 59th Street west of Beach Road.
4. An alley contained within Block 9, Oak Park Subdivision.
5. A portion of Peabody Ave. north of 59th Street.
6. Un -named roads on the west edge of the Oak Park Subdivision that are contained
7
within NSP property boundaries.
59th Street: With the exception of #2 above, these streets are located entirely within the
NSP site, and will not serve as a connection to any other roadway within the City. Concern
is raised regarding the vacation of 59th Street as is may serve as an entrance to Cover
Park. As mentioned previously, the City may wish to construct a parking lot along the
northern boundary line of Cover Park, therefore, access to this parking lot would occur off
of 59th Street. Therefore, it is recommended that 59th Street be vacated west of Cover
Park or west of the Alley for Block 9 Oak Park Subdivision, in order to accommodate future
access to the Park.
Cul-de-sac Turn Around: As a result of the demolition of the multiple family apartments,
58th Street will become a dead end roadway. Therefore, in order for emergency vehicles
and City snow plows to make a turn - around at the end of 58th Street, the applicant must
construct a cul- de-sac at the end of 58th Street. Therefore, the applicant shall submit
construction plans to the City for construction of this cul -de -sac. Said plans shall be
subject to review and approval of the City Engineer.
RECOMMENDATION
Conditional Use Permit & Rezoning
Based upon the preceding review, our office recommends the City Council approve the
proposed rezoning of the subject NSP site from R -2, Low and Medium Density Residential
to 1, Industrial, approval of the conditional use permit for mining and land reclamation, and
modification for the A.S. King Ash Disposal Facility Plan dated November, 1995. Said
approval shall be subject to meeting the following conditions:
1. The applicant shall submit a revised landscape plan to include under story plant
material (shrubs) throughout the buffer area, and include additional landscaping
north of the existing residence per Exhibit F.
2. An erosion control plan shall be submitted for review and approval by the City
Engineer.
3 The final grading plan shall be subject to review and approval of the City Engineer.
4. The disconnection and relocation of utilities shall be subject to review and approval
of the City Engineer.
5. Equipment will not be permitted to operate between 6:00 p.m. and 7:00 a.m.
Monday Through Friday, nor at any time on Saturday, Sunday or legal holidays.
8
Minnesota Pollution Control Agency established noise levels must be maintained
at the site boundary. If noise levels exceed MPCA requirements, the City reserves
the right to take action to limit activity on the site to maintain acceptable noise
levels.
7. Slag haul vehicles cannot release liquids or dust or any other material during
transportation.
8. A wheel washer shall be required, and approved by the City Engineer/Washington
County Engineer.
9. The applicant shall control dust at the site and in transit.
10. Hours of hauling shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday
only.
11. Fencing must be installed as proposed.
12. All State of Minnesota MPCA, Washington County, DNR, City and Water
Management approvals must be granted prior to the commencement of the project.
13. The issue of constructing a parking lot vs. landscaping within Cover Park shall be
determined by the City Council. Should the City Council opt for construction of the
parking lot, NSP shall construct the lot and a paved path west of the hockey rink to
the warming house, subject to design approval by the City Council.
14. Any other conditions by the City or applicable agencies.
Street Vacation
Our office further recommends approval of the Vacation of the following streets (shown in
Exhibit G):
A portion of 58th Street west of Peabody Ave.
A portion of 59th Street west of the alley contained within Block 9, Oak Park
Subdivision (all of 59th Street west of Cover Park).
A portion of Upper 59th Street west of Beach Road.
An alley contained within Block 9, Oak Park Subdivision.
A portion of Peabody Ave. north of 59th Street.
0. Un -named roads on the west edge of the Oak Park Subdivision that are contained
within the NSP property boundaries.
Said Street Vacation is subject to the following conditions:
1. No existing utility easements are vacated as a result of the Street Vacations. Said
Plans shall be subject to review and approval of the City Engineer.
2 A cul -de -sac turn around shall be constructed at the end of 58th Street.
3. Plans for construction of the cul -de -sac shall be reviewed and approved by the City
Engineer.
pc: Mike Robertson
Mark Vierling
Joe Anderlik
Scott Thomas, NSP
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+2 I 5
,
TURN ''ROUND CUL-DE-SAC 3
615
PORTION OF 59TH -\\
H,STREET TO REMAIN\
7 -
/
23 54
tN
4
0-
EXHIBIT G STREET VACATION