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HomeMy WebLinkAbout2000-01-12 NAC Planning ReportN PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: January 12, 2000 RE: FILE NO: INC BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Oak Park Heights - NSP Fly Ash Disposal Facility: Building Relocation 798.02 - 99.23 ENCLOSURF NSP has submitted a request for a conditional use permit for relocation of the existing storage building at their fly ash disposal facility located at 59th Street North and Pelier Avenue. The building, which is a pole barn structure and is 30 feet by 48 feet in dimension, was previously located directly to the west of the proposed location. The building has been moved but not yet placed on the foundation that has been prepared for the structure. A construction trailer has also been moved near the storage building, but NSP has agreed to move the trailer from the ash facility. In November of 1996, the City Council approved a conditional use permit to allow for the expansion to the east of the ash disposal facility. The approval also included a rezoning of the expanded area to 1, Industrial and a street vacation of platted, but unused streets. At that time, the storage building existed on the site but was not a part of any changes that required conditional use permit consideration. The trailer appeared on the site after the conditional use permit, as part of the reconstruction of the landfilled areas to accommodate changes to Highway 36 and the frontage road system. The Oak Park Heights Zoning Ordinance, under Section 401.15.0.8 does not allow for pole buildings unless it is to be utilized for farming operations or in highly unique or special cases requiring a conditional use permit. Additionally, Section 401.15.J requires a conditional use permit for relocation of any structure over 120 square feet on a lot or onto another lot in the City. Additionally, the building would be subject to the Design Guidelines of the City. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@ WINTERNET.COM Attached for reference: Exhibit A: Site Location Exhibit B: Existing Conditions Exhibit C: Site Plan Exhibit D: Facility Closure Details Exhibit E -H: Pictures of Building Exhibit 1: Letter from Metropolitan Gravel Company ISSUES ANALYSIS Location Issues. The proposed location of the storage building is near Beach Road at the primary entrance to the fly ash facility. The building to be used for storage of the on- site equipment. The proposed site is in a highly visible location from Highway 36, Beach Road, and the residential uses to the east and south. The City is currently planning for significant improvements and redevelopment to the area known as lower Oak Park Heights. The City has recently endorsed the concepts put forward within the Calthorpe Study for the ten acres of land currently owned by MnDOT in this area. The City will likely move forward with placement of utility improvements to accomplish redevelopment in this area as early as this Summer. Additionally, the City is currently planning for improvements and opportunities for redevelopment to strengthen the single family neighborhoods south of 59th Street North. As the City works to improve and strengthen the neighborhoods within lower Oak Park Heights, the cooperation of large landowners in the area, especially NSP, will be necessary to achieve the goals of the Comprehensive Plan and specific neighborhood plans. The proposed location of the building would be seen as a detriment to the area for its appearance at one of the primary entrances to this Oak Park Heights neighborhood. Comprehensive Plan. The Comprehensive Plan discusses the opportunities for creating a recreational facility for the community and region within the ash facility that could be highly visible and relate well with Valley View Park to the south. The Parks Commission is moving forward with recommendations to develop a master plan for that area of the NSP ash facility that w i l l be available for park land. The proposed location of the storage building would not be conducive to the park improvements planned directly to the west. Zoning. The ash facility has been deemed as an allowable use under the 1, Industrial District. As stated before, a conditional use permit is required to allow for the relocation of buildings and a pole building structure. 2 Health and Environmental Impacts. Moving the building to a new location on the site should not have any negative health and environmental impacts. The continuing operation of the ash facility does raise questions in regards to health and environmental safety. As part of this conditional use permit request, the City will require NSP to provide its health reports on fly ash including air quality monitoring reports. Additionally, it is recognized that the ash facility contributes to the runoff into the Perro Creek system. NSP will be required to provide its plans for erosion control on the site as a part of this request. NSP will also be required to contribute its fair share of the costs related to improvements required to Perro Creek Pond to eliminate flooding issues. In that the ash facility, especially those portions that are "capped", contribute to the runoff and flooding problems along Perro Creek, NSP will need to be a participant in the solutions to the problem. It is suggested that a development agreement between NSP and the City outline the required information and the cost sharing for the storm water improvements. 1V6L6tte di( Design Guidelines. The Design Guidelines indicate that industrial and warehouse buildings must use at least two different Grade l or 11 materials of which at least 65 percent will be Grade 1 and 11, and not more than 35 percent Grade 111 and IV materials. The building is a typical pole barn with steel siding, no windows and two doors, one large access and one entry door. The building is comprised of almost 100 percent Grade 111 materials (exterior finish installation system) and would in no way meet any of the other design requirements related to composition and detailing especially the blank wall surfaces. The building, if allowed to be located on the site proposed by NSP, would require significant exterior materials upgrades and the addition of windows. Variations to the Design Guidelines can be made by the City Council. This would be recommended only if the building were to be located at a less prominent location on the site. 3 Fencing, Screening, and Landscaping. Section 401.15.E of the Zoning Ordinance specifies fencing, screening and landscaping requirements. This section requires business and industrial uses (i.e., structure, parking or storage) which abut property zoned for residential use to provide adequate screening to include a fence or green belt planting strip. The building, as it is proposed, is directly adjacent to area zoned R-1, Single Family Residential, which include single family dwelling units and a bed and breakfast. Due to the elevation and the permanent proposed location, it would be extremely difficult to screen this building from adjacent residential uses. Building Code Requirements. The building will be required to meet all Uniform Building Code requirements once it is replaced on the site including an adequate foundation and toilet facilities. Plans will need to be produced by NSP for the foundation and other required code improvements so that it can be compliant with the Uniform Building Code as approved by the Building Inspector. Billboard. A non-conforming billboard exists on the NSP property adjacent to Highway 36. As a part of the conditional use permit, the City will require the billboard to be removed within a reasonable time after the conditional use permit is approved. The terms of the billboard removal will need to be agreed to by the City and NSP as part of an overall development agreement. Utilities. If toilet facilities are required for the building, sewer and water utilities will need to be extended to accommodate the proposed structure. All sewer and water extensions will be subject to review and approval of the City Engineer. Af2) Conditional Use Permit Criteria. The judgement of the Planning Commission and City Council regarding the application is to be based upon, but not limited to, the following factors outlined in Section 401.03.A.7 of the Zoning Ordinance: a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on the character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 1. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). Based upon the previous analysis, the location for the NSP building could not be approved as proposed in that it is not compliant with the above criteria. The need for the building can be demonstrated but there are other locations on the property that would be more appropriate. The proposed location for the building cannot be endorsed in that it would not be in conformity with present and future land uses, may depreciate the area in which it is proposed and it would have a negative impact on the character of the surrounding area. Even if the building was heavily screened and made compliant with all the Design Guidelines criteria, it would still be out of context for the area and the plans to improve and redevelop the neighborhood. Section 401.15.C.8 specifies criteria for conditional use permit approval related to pole building exceptions and other building type and construction standards. These criteria are as follows: c, Exceptions to the provisions of Section 401.15.C.8 of this Ordinance may be granted as a conditional use permit pursuant to Section 401.03 of this Ordinance, provided that: 1) The proposed building maintains the quality and value intended by the Ordinance. 2) The proposed building is compatible and in harmony with other existing structures within the district and immediate geographic areas. 3 ) The provisions of Section 401.03.A.8 of this Ordinance are considered and determined to be satisfied. Again, based upon the previous review, the building as proposed would not comply with either of the criteria related to quality and value as well as compatibility and harmony with other structures. If the building were located further to the west and out of site from nearby residential areas and adjacent roadways, the City may consider some flexibility in the building appearance. Section 401.15.J.2 of the Zoning Ordinance specifies performance standards relating to conditional use permits for relocating buildings within Oak Park Heights, The standards are as follows: a. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code in effect in Oak Park Heights. b. The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by the City Council. c. The relocated use will not result in a depreciation of neighborhood or adjacent property values. d The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the City Assessor. The building, in its proposed location and without improvements to make it compliant with Design Guidelines, will not meet the tests specified in the above standards. Again, placing the building in a more isolated location could solve many of the issues the City has with the proposed conditional use permit. 5 Alternative Locations. City staff has reviewed the NSP site and found other locations that would be more appropriate for the storage building, especially in that it is a temporary structure that will be needed only as long as the property is used for ash landfill. Previous plans from NSP have indicated a life span (from 2000) of the ash facility of about 10 to 12 years. The primary area identified for relocating the structure would be south of the existing sedimentation pond near the edge of Valley View Park. The location is on an existing internal roadway within the site, and it is at an elevation that would separate the building naturally from the residential properties. Significant natural vegetation exists within the immediate area to partially screen the building. RECOMMENDATION Based upon review of the conditional use permit criteria specified in this report, our office recommends that the request for the building relocation in its proposed location be denied. We would recommend that NSP propose an alternative location and work with City staff on the issues related to erosion control, health reports on fly ash, storm water issues and funding of Perro Creek improvements, Building Code requirements, Design Guidelines requirements, and billboard removal. 04961-34-id If NSP determines it will proceed with an alternate location, we further recommend that they make a proposal before the January 20, 2000 Planning Commission meeting so that this matter can be continued to the February meeting. The required additional information would need to be submitted 20 days prior to the February meeting. pc: Kris Danielson #'--( (l ( • State Highway 36 11_ - Valley yiew Road Picnic Area ParkinaF ❑ 150 300 FEET Picnic Area Picnic Shelter Trail Connection NSP Ash Disposal Site LS J't Dirt Tr Prairie Restoration Area Creek State Correctional Facility Fanner Farm Site .t •. t �, J. J. • �, .I.J y J. • • . L Y J. •. 1 .L . + ,L J. J. J, • !.• j: & Lowland L :'' • • L J . 'J.•J.'J 1 J . - 1 - •1- . J I J. l J. J J + . y tiv ! S.. 4 ' . .'� 4 k • �. i, J.• ,• • . • . . • J. • J. • 1. J J. - ,.L !' �I i • k J ' k L ' S. J, . . J.' _ J. , .L J.• J . . S. • f J, , .J.. J' L . J. J y • 1 J• - J. ,1• .r.: s .0 J. • J. • S J. 1 !. J' y 'L • .L • d. • !, • ,t.. L .' 1 J. J. J... J. '•tJ . .• J J J.. ] J. • 1 J. • L 1 J. J. J - J. ' J. 1 J• " ! I J. J_ •!. ! ; .! .J.: 1 " J ; . J J. •i• J. t. � YLL L. J. ! J. • •i 3 . .1. .4 J y r .L ' J...1• ' , k J. - J. i • J.' J '. !. J• J• J• J. • J J' J - • . J. • J. y 1 EXHIBIT A VaIIey Vier Park Source: Aerial Photograph, 1996 City of Oak Park Heights City of Oak Park Heights L EDGE OF LINER COORDINATES I 11111111 MINE11-11011 OO£'ILE'D O LtG'EfL S EMEMEIIIMEMICII MEMO Q00'ktL = 11011133111=2111111 ai DEZE© IIIMEMBESIMEM© ON 11SG3 GN I HLGDN tl3R�IflN LNIOd 111:1311111MOICES_�_ f,:; Fi • z [_7 11J • ICI : b "�"' N �1 .rte• 00.0.. - r • i 2 ; c ar is r:) rtd xat, Olt re- 3 x r�• s J tit i ,' ,r -- : =? • s i x s F r l+• 1` aQ X ygr Pagi N 3 000' 11 £'/ -•- 3 006.01C.B M L J 0 CO 1 X w S. KING AS 1). - g N cc miluIHuI 000 DP til ?Ai Hl r•. : z 02 z � I 4 L ISS C.70 za UAL 9 EXHIBIT E 12/17/99 FRI 09 :54 FAX 612 330 7671 NSP METROPOLITAN GRAVEL CO., INC. PO BOX 38 ST PAUL PARK, MN 55071-0038 NORTHERN STATES POWER COMPANY 414 NICOLLETT MALL MPLS, MN 554Q2 ATTN: AL S H I PTON RE: BUILDING AT MOELTER PIT SINCEREL JANUARY 1 1 , 1991 PER YOUR REQUEST BELOW I S INFORMATION REGARDING NEW BUILDING LOCATED AT MOELTER PIT. PURPOSE OF BUILDING: FOR SECURITY AND STORAGE OF ASH PLACEMENT EQUIPMENT. DESCRIPTION OF BUILDING: WOOD FRAME STEEL SIDED POLE BUILDING SIZE OF BUILDING: 30 X 48 COPIES OF BUILDING PERMITS: ATTACHED ANY QUESTIONS OR CONCERNS S WITH THIS FEEL FREE TO CONTACT ME AT 458-0170. • WEST HOUL METROPOLITAN GRAVEL CO., INC. V1003 EXHIBIT 1 Memo To : Kris Danielson Community Development Director City of Oak Park Heights From: Katharine D. Widin Municipal Arborist Re: NSP Site Plan - Fly Ash Site 1/11/00 In order for me to provide specific information regarding screening of the pole building on this project, l will need to know the final location of the building. Discussion at the site plan review meeting Jan. 5th indicated that the building might be moved to another area of the property where it would be screened partially by the topography of the site. If it remains in its current location, it will need screening, probably with the addition of a berm planted with evergreens mixed with deciduous trees and shrubs. l will be able to make specific recommendations regarding screening of the building once its final location has been determined. Kris Danielson From: Sent: To: Cc: Subject: RE: Conditional Use Permit for Landfill Garage Kris: Thames, Michael R [michael.r.thomes a©nspco.com] Thursday, January 13, 2000 9:47 AM 'Danielson, Kris' Fritsch, Mark; Wertish, John NSP -A S King Coal Ash Landfill The following provides a partial response to issues related to NSP's Landfill operations and the garage recently relocated at the site. I apologize for this informal communication. Responses to some of the City's requests are being assembled into presentation documents; in other cases, NSP is reassessing its options. Nonetheless, the following may be useful in preparing for the Jan. 20 meeting with the City's Planning Commission: Office Trailer: The mobile trailer at the site is used as a construction office. Because of the significant level of construction activity during the last several years (including support of MnDOT), it became convenient to leave the trailer at the site. However, it is not necessary to permanently position the trailer at the Landfill. NSP intends to relocate the trailer to storage at the King Plant. Garage Structure: The garage was permitted and installed in 1991 to house the tracked dozer and/or wheel loader equipment that NSP's contractor (Metro Gravel) is required to have available to operate the Landfill. The structure also contains (in a storage cabinet) the Permits, operational logs and manuals that must be kept at the site. It provides security for the equipment and a location where engine heaters can be plugged in to assure the ability to start in the winter. The garage is not used for office or other habitation, but some minor equipment maintenance (e.g., lubrication) is allowed to be performed there. No fuels are stored in the building. NOTE: NSP is evaluating its options related to location and future uses of the structure and will be prepared to discuss these options at the Jan. 20 meeting. Manholes: As areas of the landfill are permanently closed, manholes accessing storm and sanitary sewers will be capped at grade. In current and future operational areas, manhole sections were added for visibility and security reasons. (They're hard to miss seeing and the height discourages access or throwing something into them.) Permits: To my knowledge, copies of all permit documents have been provided to the City ..- probably sent to Joe Anderlik. Additional copies of the NPDES Storm Water Permit (MN G611000) and the Storm Water Pollution Prevention Plan are being sent to you. Landfill Development and Surface Water Management Plans: Plans are being redrawn to reflect contours created during the summer of 1999 and to show the construction and closure activities planned for the summer of 2000. Health Risk Assessment -- Air Emissions: The King Landfill is one of several NSP sites currently being re- evaluated for possible airborne health risks, Because of the complexity and extent of the data and modeling needed to perform these assessments, contractors hired by NSP to perform the analyses have been tardy in delivering results. As soon as the Landfill results are delivered and analyzed, NSP will present them to the City. expect that should be within the next two months. Impacts of the Landfill on ground and surface waters have been extensively analyzed in permitting documents -- monitoring has been reported in Annual Reports. No drinking or recreational waters are directly impacted by the Landfill. hope the foregoing is helpful. If you have questions, either e-mail a reply or phone at 612 -330 -7657. Mike Thomes NSP - Fuel Resources Dept. Kris Danielson From: Lindy Swanson [Imswans@cityofoakparkheights.com] Sent: Wednesday, January 05, 2000 1 0:35 AM To: Kris Danielson Subject: NSP SITE PLAN REVIEW MEETING I have no issues, from a public safety perspective, regarding the location of the NSP pole building on the NSP Fly Ash Disposal Facility site. Kris Danielson From: Sent: To: Cc: Subject: RE: Conditional Use Permit for Landfill Garage Kris: Thames, Michael R [m ichael. r.thomes a@nspco. com Thursday, January 13, 2000 9:47 AM 'Danielson, Kris' Fritsch, Mark; Wertish, John NSP - A S King Coal Ash Landfill The following provides a partial response to issues related to NSP's Landfill operations and the garage recently relocated at the site. I apologize for this informal communication. Responses to some of the City's requests are being assembled into presentation documents; in other cases, NSP is reassessing its options. Nonetheless, the following may be useful in preparing for the Jan. 20 meeting with the City's Planning Commission: Office Trailer: The mobile trailer at the site is used as a construction office. Because of the significant level of construction activity during the last several years (including support of MnDOT), it became convenient to leave the trailer at the site. However, it is not necessary to permanently position the trailer at the Landfill. NSP intends to relocate the trailer to storage at the King Plant. Garage Structure: The garage was permitted and installed in 1991 to house the tracked dozer and/or wheel loader equipment that NSP's contractor (Metro Gravel) is required to have available to operate the Landfill. The structure also contains (in a storage cabinet) the Permits, operational logs and manuals that must be kept at the site. It provides security for the equipment and a location where engine heaters can be plugged in to assure the ability to start in the winter. The garage is not used for office or other habitation, but some minor equipment maintenance (e.g., lubrication) is allowed to be performed there. No fuels are stored in the building. NOTE: NSP is evaluating its options related to location and future uses of the structure and will be prepared to discuss these options at the Jan. 20 meeting. Manholes: As areas of the landfill are permanently closed, manholes accessing storm and sanitary sewers will be capped at grade. In current and future operational areas, manhole sections were added for visibility and security reasons. (They're hard to miss seeing and the height discourages access or throwing something into them.) Permits: To my knowledge, copies of all permit documents have been provided to the City o_ probably sent to Joe Anderlik. Additional copies of the NPDES Storm Water Permit (MN G611000) and the Storm Water Pollution Prevention Plan are being sent to you. Landfill Development and Surface Water Management Plans: Plans are being redrawn to reflect contours created during the summer of 1999 and to show the construction and closure activities planned for the summer of 2000. Health Risk Assessment -- Air Emissions: The King Landfill is one of several NSP sites currently being re-evaluated for possible airborne health risks. Because of the complexity and extent of the data and modeling needed to perform these assessments, contractors hired by NSP to perform the analyses have been tardy in delivering results. As soon as the Landfill results are delivered and analyzed, NSP will present them to the City. I expect that should be within the next two months. Impacts of the Landfill on ground and surface waters have been extensively analyzed in permitting documents -- monitoring has been reported in Annual Reports. No drinking or recreational waters are directly impacted by the Landfill. 1 hope the foregoing is helpful. If you have questions, either e-mail a reply or phone at 612-330-7657. Mike Thames NSP - Fuel Resources Dept. Kris Danielson From: Sent: To: Subject: jbutler [jbutler a@cityofoakparkheights.com] Friday, January 07, 2000 2 :37 PM `Kris Danielson' Pole barn and trailer at the NSP fly Ash Pit In reviewing the plans submitted and the site, I find the following conditions to exist. 1) In reviewing the original plan submitted in 1990 an alternate design was to be submitted for the purlins, which were spanning a distance greater than what is permitted by code for the materials being used in the construction. I found that no revised plan had been submitted for approval. 2) I n removing the building from its last site location, it appears that the supporting 6 x 6 posts were cut. As a result there only remains a section approximately 18" in length to be buried in the ground. 3) The pads that were poured at the proposed new site location are not the required minimum depth of 42 inches. 4) The metal siding is in need of repair. With the above conditions existing I am requesting that a structural engineer look at the building to verify compliance to the MN State Building Code. A new plan of the structure shall be submitted to the Building Department for review. These plans must be signed by a State Licensed Structural Engineer and shall show modifications to be made to the supporting post systems. Clarification shall be made as to the use of the structure. Is it strictly for storage or will there be repairs made on equipment within this structure. If so, to what extent, and would there be the use of a cutting torch.