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Home My WebLink About2000-03-01 NAC Planning ReportN INC PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: March 1, 2000 RE: Oak Park Heights — NSP A.S. King Plant: Cooling Tower Expansion Variance FILE NO: 798.02 — 00.05 BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ENCLOSURE 3 NSP Company has made an application for a variance, site plan, and Design Guideline review for the addition of cooling towers at the A.S. King Plant, located at 1103 High Plant Road. Four towers are proposed directly to the north of the existing cooling towers. Additionally, NSP is proposing the construction of a 17 foot by 48 foot electrical equipment building. The subject site is zoned 1, Industrial District in which power generating stations are a permitted use. A variance is being requested in that the cooling towers are proposed to befieT feet in height The building height maximum for the 1, Industrial District is 45 feet. Site plan and Design Guidelines review is also required for any major project requiring a building permit. Attached for reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Site Location Power Plant Layout Topo Map Cooling Tower Plans Electrical Equipment Building 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2- 595-9636 FAX 6 1 2- 595-9837 E-MAIL NAC WINTERNET.COM ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan designates this area as industrial land use. The power plant and its accessory structures are recognized as industrial land uses consistent with the maps and policies of the plan. Zoning Ordinance. The site is zoned 1, Industrial District in which power plants and accessory structures are a permitted use. Cooling Tower Variance Request. The power plant requires cooling towers to reduce the temperature of water utilized in the plant before it is returned to the St. Croix River. The State requires NSP to cool its discharged water to a temperature of 86° F. The existing cooling towers are at capacity on those days that the air temperature is high and the plant is at maximum output to supply peak demand. If the water discharge exceeds 86° F, the power plant must reduce its output of heated water and thus reduce its electrical generation capacity. For this reason, NSP has requested additional cooling tower capacity. NSP has designed the new cooling towers to the same height as the existing towers. This height is required to provide the surface area and to catch the breezes to effectively provide cooling capacity. The towers would not work at a shorter height as based on the current plant design and construction. Section 401.04.A.4 of the Zoning Ordinance states that a variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: 1. Undue hardship wilt result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. a. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. b. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. c. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. 5. The request is not a result of non - conforming lands, structures or buildings in the same district. 5. The request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 8. The request does not create an inconvenience to neighboring properties and uses. The hardship in this case would be the necessity to design the cooling towers to this height so that they effectively work to maintain a lower water discharge temperature. The design of the power plant determines the height of the cooling towers. A cooling tower of a lower height will not catch the amount of surface air required for efficient operation. Simply adding more cooling towers at a lower height wilt not work for this particular plant. The design of the power plant mandates the higher tower, which is determined as the special condition that necessitates approval of the variance. Electrical Equipment Building. The electrical building is to be added to the project site to provide the electrical service to the cooling towers. The plant and its accessory buildings are considered a permitted use and only require site plan and design review consideration. Screening. The proposed cooling towers and the electrical equipment building are not visible from Highway 95 or from any residential area in Oak Park Heights. An existing grove of trees serves to partially screen the existing and proposed towers from the St. Croix River. It is suggested that additional trees be added in that area between the new cooling towers and the man -made channel to further screen the towers from the St. Croix River. Federal and State Approvals. The site plans for the cooling towers have been submitted to the Corps of Engineers, Minnesota Pollution Control Agency, and the Department of Natural Resources. The new towers will be no closer to the river than the existing towers and are to be constructed at an elevation that is acceptable to the 3 DNR. NSP has indicated that the agencies have given preliminary approval of the towers and will provide written approval to the City. Design Guidelines. The Design Guidelines specify that all structures requiring a building permit require design review. The power plant and the existing accessory structures were not built subject to the Design Guidelines standards. The cooling towers are to be constructed almost entirely of a fiberglass type of material in an off - white color. This material is not a listed grade material as specified in the Design Guidelines. Additionally, the electrical building is to be built of putty colored steel panels which is considered a Grade 111 material. Variations to the Design Guidelines may be allowed by the City Council. Due to the unique construction required for the cooling towers and the location of the electrical building that is almost surrounded by existing NSP buildings, the Design Guidelines should not be enforced for the proposed structures. If the City Council requires compliance with the Design Guidelines, it could only apply to the electrical building. Enforcement of Design Guidelines for the cooling tower would likely prevent NSP from constructing additional towers. Building Code. The proposed NSP structures will require compliance with the Uniform Building Code. The plans are subject to review and approval of the Building Official, especially as it relates to fire suppression equipment. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the variance and site plans for the cooling towers and the electrical equipment building. Further, staff recommends that the Design Guidelines be waived for the new structures proposed on the site. The approvals are subject to the following: 1. A variance is granted to allow construction of the towers to not more than 61 feet in height. 2. Additional trees and landscaping is provided between the cooling towers and the man -made channel subject to review and approval of the City Arborist. 3. 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