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HomeMy WebLinkAbout2002-05-02 OPH Ltr to CA Forwarding CUP & Variance Document for RecordingMay 2, 2002 Mr. Mark Vier ling Eckberg, Lammers, Briggs, Wolff & Vierling Attorney's at Law 1835 Northwestern Ave. Stillwater, MN 55082 Subject Address: 1103 King Plant Road Dear Mr. Vierling: Sincerely, Julie A. Hultman Community Development JAH: aua, Enclosure CITY OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 550522007. Phone: 651/439 -4439. Fax: 651/439 -0574 Re: Northern States Power Company: Conditional Use & Variance Permits Planner's File No. 798.02 -96.08 Enclosed herewith for filing with the Washington County Recorder's Office, please find Conditional Use & Variance Permits, along with attachments and Notice of Certification for (1) Fly Ash Facility - Relocation of Buildings and (2) A.S. King Plant -- Cooling Tower Expansion g pansion for the above - referenced business address. Tree City U.S.A. STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as Secretary for the Con .munity Development Department of the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: 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. WITNESS my hand and the seal of the City of Oak Park Heights, this 2nd day of May, 2002. (Seal) NOTICE OF CERTIFICATION Conditional Use & Variances Permits For Northern States Power Co. (011 (1 Jfii.e A. Hultman Community Development Department Legal Description: Ash Storage Facility See Exhibit A@ Legal description attached hereto. A.S. King Plant See Exhibit B@ Legal description attached hereto. Owner: Northern States Power Address: 414 Nicollet Mali Minneapolis, Minnesota General Description: CITY OF OAK PARK HEIGHTS CONDITIONAL USE AND VARIANCE PERMITS FOR NORTHERN STATES POWER COMPANY NWAC File No. 798 -02 -96:08 Date Issued : March 14, 2000 Present Zoning District: 1 -King Plant- Cooling Tower Expansion and Ash Storage Facility Permitted uses set forth in Ordinance 401 Section 401.12 CONDITIONAL USE PERMIT FOR: FLY ASH FACILITY: RELOCATION OF BUILDINGS A.S. KING PLANT: COOLING TOWER EXPANSION All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. 1. ASH FACILITY: NSP has obtained permission from the City of Oak Park Heights to relocate the existing storage and maintenance building at the fly ash storage area. The building is a pole barn type structure 30 x 48 feet previously located in the west section of the fly ash area. 2. Pursuant to the Planer's Report of March 10,2000 permission is granted to relocate the building to the site identified within the report. This Planner's Report is attached as Exhibit C. 3. A.S.K NO PLANT The addition of cooling towers proposed at a not to exceed 62 foot elevation/high is allowed per the Planner's Report of March 10, 2000 attached as Exhibit D. IL ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Variance and Conditional Use Permits issued herein affecting the following matters shall be: Accessory Buildings Ash Facility: The storage building is allowed to be located to the site identified in the lower portion of the site. The CUP for the building shall expire 12/31/2005 with the building being removed unless NSP applies for and receives an extension or amendment to the CUP so permitting the building to remain. All buildings shall be compliant with the building code. B. Fencing Ash Facility: Perimeter and security fencing previously installed as approved by City Building Inspector shall be maintained by the applicant. Landscaping and a fence shall be placed on the northerly berm area of the ash disposal facility. Selection of seedings and plantings shall be subject to the approval of the City Arborist. C. Exterior Storage Ash facility: Fly ash in cell/storage as depicted in plans identified in October 16, 1996 report only. D. Chemical/Pollutant storage and disposal None allowed except by MPCA permit. L. Screening Per approval plans as identified in October 16, 1996 NWAC report. Landscaping Ash facility: Trails shall be constructed within the Fly ash site to provide connections with existing and proposed city trails. NSP will assist the city in the trail planning process and dedicate (without cost to the city) land easements and resources for the City's trail system. A.S. King Plant: Landscaping to be implemented pursuant to a plan to be reviewed and approved by city staff. G. Lighting Per approval plans as identified in October 16, 1996 NWAC report. H. Parking Per approval plans as identified in October 16, 1996 NWAC report. 1. Hours of Operation Per approval plans as identified in October 16, 1996 NWAC report. J. Advertising/Signage Per approval plans as identified in October 16, 1996 NWAC report. K. Drainage Per approval plans as identified in October 16, 1996 NWAC report. NSP will participate with the city on Perro Creek expenses and development issues and contribute its fair share of those expenses. Other: NSP shall provide to the city periodic health reports on air quality and health reports on fly ash. Access to Beach road from the ash facility shall be paved with a surface extended at least 40 feet into the facility. A stop sign shall be placed by NSP at its expense to control traffic exiting the ash facility onto Beach Road. Non conforming billboard on the Ash Facility site shall be removed at the conclusion of the present lease term. The permit holder shall not extend the lease term beyond the current provisions which provides for a termination on January 1, 2011. Construction trailer(s) shall be removed from the fly ash site before 9/3012000. The trailer may be moved by NSP to the A.S. King plant site. A.S.KING PLANT -for construction of the cooling towers. All construction to be building code compliant. Other regulatory agency permits shall be acquired by the permit holder as may be required. 1. Traffic. No increase in traffic will occur due to this expansion. NSP traffic will maintain normal routes and frequency. 2. Leachate. All leachate generated at the facility shall be disposed of directly into Oak Park Heights sanitary sewer which shall be metered. 3. Access Roads. Access entrance to the facility from Beach Road have been paved to specifications approved by the City Engineer. 4. Dust. NSP shall water the access roads and site to control dust as necessary. 5. Noise. All construction equipment shall be limited to operations, Monday through Friday, 7:00 a.m. to 6:00 p.m. MPCA established noise levels shall not be exceeded (i.e. 65 decibels cannot be exceeded 10% of the time for 1 hour, and 60 decibels cannot be exceeded 50% of the time for 1 hour. 7. Hauling Vehicles. Shall not release liquids, dust or other material. 8. Wheel Washers. Shall be installed at location(s) and specifications required by the City Engineer. 9. Stormwater Drainage and Ponding. Existing stormwater patterns are to be maintained. NSP has constructed a ponding area at eastern most point of the site in the manner specified by the City Engineer. 10. Incorporation by Reference. The Planner's Report and records to the city of Oak Park Heights dated October 16, 1996 shall be or has been implemented in full by NSP. Said report is incorporated herein by Date: -0 A. reference. Notwithstanding the incorporation by reference of the Planner's Report, there are two (2) areas of modification that are to be noted. They are as follows: a. Condition 13 of the Planner's Report referenced an option that was available to the City of Oak Park Heights to have NSP either leave the designated area by Cover Park as an open parking lot, or to landscape same. The City Council has elected to construct a parking lot in that locale. NSP shall undertake the construction of said parking lot with paved path as approved by the City Planner and City Engineer, and will coordinate the construction of same directly with the City Planner, City Engineer, and City Administrator. b. The City of Oak Park Heights has agreed to street vacation of several unused and unopened streets as otherwise designated within the Planner's Report. The final resolution vacating streets contains areas that differ from the Planner's Report, and it is the City Council resolution vacating those streets that governs, not the Planner's Report. IN WITNESS WHEREOF, the parties have set forth their By Date: ° (° ?.-gym By avi Beaudet, Mayor Thomas M. Melena City Administrator Northern States Power Company Rr Its A 5 . 14^4.-1 QtA'Ir EXHIBIT A Ash Facility Legal Description Part of NW 1 /4 - NW 1 /4 Section 3, Township 29, Range 20 City of oak Park Heights •Exhibit B A.S. King Plant Legal Description Govt. Lots 2 & 3, Section 2, Township 29, Range 20, City of Oak Park Heights N PHONE 6 1 2595 -9536 NORTHWEST ASSOCIATED CONSULTANTS .IMMUNITY PLANNING - DESIC,,J - MARKET RESEARCH EXHIBIT C TO: Tom Melena FROM: Scott Richards DATE: 10 March 20000 RE: Oak Park Heights — NSP Fly Ash Disposal Facility Building Relocation FILE NO: 798.02 — 99.23 Please be advised that the Planning Commission, at their March 9, 2000 meeting, voted to recommend the request for Conditional Use Permit for relocation of the existing storage building at their fly ash disposal facility located at 59 Street North and Peller Avenue. The building is to be relocated to a location more central to the active area of the ash landfill and at an elevation approximately 38 feet below the adjacent neighborhood which includes the existing bed and breakfast facility. Representatives of NSP were present to answer questions related to the request. Chuck Dougherty, the owner of the bed and breakfast, spoke in favor of the CUP and the proposed building location. He felt that the condition related to the trail issue should remain as staff had recommended. The Planning Commission recommended the CUP with the conditions listed in the March 1 memo to Kris Danielson, except for condition 7 related to trails. The Planning Commission felt that the language provided by NSP adequately addressed the trail issue and expressed the continued cooperation between NSP and the City in providing access through and to the potential recreational facilities on the ash facility. The conditions as recommended by the Planning Commission are as follows: NSP shall relocate the storage building to the proposed location within the lower portion of the ash disposal facility site. The CUP for the storage building shall expire by December 31, 2005 or NSP shall apply for an amended conditional use permit for its relocation or reconstruction, whichever occurs first. 2. NSP shall provide health reports on fly ash including air quality monitoring reports as required by City staff. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 5 5 4 1 6 FAX 5 1 2- 595 -9837 E -MAIL NAO @ WINTERNET.COM 3. NSP recognizes that it contributes storm water runoff into the Perro Creek watershed area. The City is in the process of developing plans for resolving storm water management issues for this watershed. NSP acknowledges that it will use its best efforts to work with the City on these issues and contribute its fair share of any expense to be incurred by the City in implementing any storm water management solution. 4. The building shall be required to comply with all Uniform Building Code requirements as approved by the Building Inspector, including an adequate foundation once it is replaced on the proposed site. Any portable toilets to be placed on site shall be within the building. 5. Landscaping and a fence shall be placed on the northerly berm area of the ash facility. All plans for landscaping and fences, including areas that have been seeded as prairie and the berm area shall be subject to City Arborist review and approval. 6. The access from Beach Road shall be paved by NSP with an asphalt surface and extended at least 40 feet to facilitate tire cleaning. A stop sign i g shall be installed at the ntersection by NSP. 7. NSP has indicated an obligation to work in good faith with the City in partnering on trail locations within the site. NSP recognizes that the City has committed to a master planning process for the site and that NSP is willing to assist in the planning process. 8. NSP recognizes that a non - conforming billboard exists on the ash landfill site. With the implementation of roadway, park, or trail improvements on the property, NSP agrees to remove the billboard. 9. NSP shall be allowed to retain the construction trailer on the lower portion of the ash disposal facility until, but no later than, September 30, 2000. At or before that time, NSP will be allowed to move the trailer to a storage location at the A. S. King Plant. pc: Kris Danielson TO: FROM: DATE: 5775 WAYZATA BOULEVARD, SUITE 555 PHONE 6 1 2- 595 -9635 NORTHWEST ASSOC 1ATr" D CONSULTANTS (.....)MMUNITY PLANNING - DESIGN - MARKET RESEARCH Tom Melena Scott Richards 10 March 20000 EXHIBIT D RE: Oak Park Heights - NSP A.S. King Plat: Cooling Tower Expansion Variance FILE NO: 798.02 — 00.05 The Planning Commission, at their March 9, 2000 meeting, voted to recommend approval of the variance and site plan for the addition of cooling towers and an electrical equipment facility at the A.S. King Plant. A variance is being requested in that the cooling towers are proposed to be 61 feet in height. The building height maximum for the 1, Industrial District is 45 feet. Site plan and Design Guideline review is also required for any major project requiring a building permit. Representatives of NSP were present at the meeting. No adjacent property p y owners were present for the public hearing. The Planning Commission recommended the variance and site plan with minor changes to the conditions of the March 1, 2000 planning report as follows: A variance is granted to allow construction of the towers to not more than 62 feet in height. 2. Additional trees and landscaping or appropriate screening as agreed g to by the City Staff is provided between the cooling towers and the man-made channel. Specifications and locations of trees and landscaping shall be subject to review and approval of the City Arborist. 3. Written approvals are received from the Corps of Engineers, Minnesota Pollution Control Agency, and the Department of Natural Resources for the proposed NSF' structures. 4. The City will not require conformance with the Design Guidelines for the cooling towers and electrical equipment building. ST. LOUIS PARK, MINNESOTA 5 5 4 1 6 FAX 5 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM 5 . The cooling towers and electrical equipment building shall comply with all Uniform Building Code requirements subject to Building Official approval. 6. Any other conditions of City staff, the Planning Commission, and City Council. pc: Kris Danielson