HomeMy WebLinkAbout2011-05-04 Planning Report T 3 601 Thurston Avenue N, Suite 100 ENC SURE 4
Anoka MN 55303
Phone: 763.23'1 .5840
Facsimile: 763.427.0520
TPC@PlanningCo. corm
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 4, 2011
RE: Oak Park Heights — Xcel Energy / A.S. King Plant:
Max Todo Marine Services — Conditional Use Permit
Amendment/Interim Use Permit
FILE NO: 798.02 — 11.03
BACKGROUND
Tom Huninghake, of Max Todo Marine Services, has made application for an amended
Conditional Use Permit (CUP) and Interim Use Permit to allow for the marine services
business to utilize the existing boat landing on Xcel Energy property as a barge parking
and staging area. The boat landing is north of the Allen S. King Generating Plant and is
accessed off an existing roadway within the Xcel property. The plant is located at 1103
King Plant Road and is adjacent to the St. Croix River. Xcel Energy has agreed to the
use of the boat landing for the marine services use.
The property is zoned I, Industrial District in which this marine services business would
be a permitted use. The property is also in a River Impact District which required the
original CUP for the Allen S. King Plant and the subsequent amendments that have
allowed the plant to expand.
Attached for reference:
Exhibit 1: Letter from Xcel Energy
Exhibit 2: Fact Sheet for Proposed Barge Staging Area
Exhibit 3: Allen S. King Plant Property Layout
Exhibit 4: Proposed Barge Staging Area
Exhibit 5: Pictures of Barge Staging Area
ISSUES ANALYSIS
Project Description. The description of the proposed barge staging area from the
applicant is as follows:
"Background: Xcel Energy is the owner of property north of the Allen S. King
Generating Plant (King) that is zoned for industrial use and is currently developed as a
boat landing (Exhibit 3 and 4). The boat landing consists of a -900 foot access road (off
of a King Plant maintained road) to the St. Croix River. Further, the landing has a -75
foot by -125 foot parking area/tum- around located approximately 125 feet back from the
shoreline. In the past, the public had access to the boat landing until crime and other
security issues drove Xcel Energy to close the landing. The property is still being
maintained as a boat landing and is used a few times each year by Xcel Energy
personnel as well as Federal, State, and Local agencies for gaining access to the river.
Proposed Use as Barge Staging Area: MAX TODO MARINE SERVICES INC. is
seeking to utilize the Xcel Energy owned property and boat landing as a barge staging
area. The proposed use as a barge staging area is depicted in Exhibit 4 and will consist
of the following activities:
1) The boat landing will be used as a barge staging area during non - frozen river
conditions;
2) A barge will be moored in the St. Croix River, oriented perpendicular to the
shoreline, at the boat landing when not performing marine activities in the river;
3) A barge will be moored in the St. Croix River, oriented perpendicular to the
shoreline, at the boat landing during periods of loading /unloading of equipment
and materials;
4) Vehicle(s), excavator(s), skid loader(s), dump truck(s), a crane, and other
equipment as needed to support the barge's river -based operations will be
staged in the parking area;
5) Materials will be temporarily staged in the parking area during periods of barge
loading /unloading;
6) Routine barge operation and maintenance will take place in the parking area and
along the shoreline as needed;
7) All work associated with the barge activities will occur between 7:00 AM and 5:00
PM, unless the equipment is needed for response to an emergency (e.g.
recovery of a sunken boat);
8) No bulk fuel tanks will be stored at the boat landing; and
9) No external light sources, other than vehicle and equipment lights, will be
installed or otherwise used."
Comprehensive Plan. The Comprehensive Plan designates this area as industrial
land use. The power plant and the proposed use of the boat landing as a barge staging
area are recognized as industrial land uses consistent with the maps and policies of the
plan.
2
Zoning Ordinance. The site is zoned I, Industrial District in which power plants and
marine service operations are a permitted use. The amended CUP is required to allow
the expanded use of the boat landing area in the River Impact District. The Max Todo
Marine Services business would be considered as an Interim Use of the boat landing
area. As such, conditions can be placed on the Max Todo business, including a limited
time period of operation for this location. It is suggested that the Interim use be allowed
for five years. Section 401.05. Administration — Interim Use Permits outlines the
allowances and criteria for uses that are to be located on a property for a limited time
period.
Parking and Traffic. The facility is to be located on the existing access roadway within
the Xcel property. The access roadway connects to the main entrance road to the Allen
S. King plant.
Lighting. The facility is not proposed to be lit. Any new lighting of the site will need to
be in compliance with the Zoning Ordinance and subject to review and approval of City
staff.
Trees /Screening. The pictures taken last fall of the site and attached indicate that the
area surrounding the site is heavily wooded. There are no other uses or properties that
are impacted by this request, so additional screening is not required. The applicant
should position equipment to be stored on the property in such as way as it is less
visible from the river.
Grading and Drainage. Any grading and drainage issues shall be addressed subject
to review and approval of the City Engineer and the applicable watershed district. From
the pictures taken last year, it appears as though there could be potential run off from
exposed areas into the St Croix River. Proper measures such as silt fence or a
vegetated area next to the shoreline should be created to minimize soil run off into the
river.
Department of Natural Resources. The Department of Natural Resources (DNR) has
been notified of the request. Molly Shodeen, the Area Hydrologist of the DNR indicated
that she had no issues with the request.
Design Guidelines. There are no structures proposed for the marine services
business.
Conditional Use Permit — River Impact District. The use of the boat landing as a
barge staging area is subject to an amended CUP under the River Impact District. The
Planning Commission should consider the conformity, environmental issues and
impacts of the proposed project in making its recommendation. The conditional use
permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as
follows:
3
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Due to the location of the boat landing in an industrial area, and the fact that it has been
used as a landing for a number of years, City Staff recognizes no issue with the
expanded use for the marine services business. The Max Todo Marine Services
business will also be subject to an Interim Use in which specific conditions will be
placed on its operation.
Interim Use.
Section 401.05.0 of the Interim Use Permit Section specifies a number of criteria for the
review and approval of a use. A review of those criteria are as follows:
2. New Uses.
a. Conforms to all zoning regulations as otherwise applicable.
The use will be required to comply with all other Zoning Ordinance performance
and use standards
b. The date or event that will terminate the use can be identified with certainty.
The use will be allowed to continue for five years from the date of City Council
approval.
c. The existence of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future.
There should be no issues with public costs.
d. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
The applicant will be required to agree to the conditions in writing.
4
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, City staff recommends approval of the CUP and
Interim Use Permit to allow for the marine services business to utilize the existing boat
landing on the Xcel property subject to the following conditions:
1. The Interim Use of the site by Max Todo Marine Services shall be limited to five
years from the date of City Council approval. The applicant may request an
extension of the Interim Use Permit by the City Council prior to its expiration.
2. Any freestanding lighting placed on the site shall be in compliance with the
Zoning Ordinance and subject to review and approval of City staff.
3. The applicant shall take measures to minimize soil run off into the St Croix River.
A soil erosion plan or any grading and drainage plans for the site shall be subject
to review and approval of the City Engineer.
4. The City will not require conformance with the Design Guidelines for the project.
5. The applicant shall position equipment and materials stored on the property in
such a way as to reduce its visibility from the St Croix River.
6. All work associated with the barge activities will occur between 7:00 AM and 5:00
PM, unless the equipment is needed for response to an emergency such as
recovery of a sunken boat.
7. No bulk fuel tanks will be stored at the boat landing.
8. 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
el") Xcel Energy -
1103 King Plant Road
Bayport, Minnesota 55003 -1000
April 27 2011
Eric A. Johnson
City Administrator
14168 Oak Park Blvd N.
P.O. Box 2007
Oak Park Heights, MN 55082
RE: Conditional Use Permit (CUP) Amendment for the Allen S. King Generating
Plant — Proposed Use of Boat Landing as Barge Staging Area
Dear Mr. Johnson,
Please find 3 copies of an application to amend the existing Conditional Use Permit for
Xcel Energy's Allen S. King Generating Plant (King). MAX TODO MARINE
SERVICES INC., the applicant, is seeking to utilize the Xcel Energy owned boat landing
north of King as a barge parking /staging area. A fact sheet describing the activities
associated with the proposed use as a barge staging area is included as part of the
application. In addition, figures of the boat landing and staging area are included to
provide further clarification.
If you have any questions regarding this application, please contact me at 651- 731 -5733.
Sincerely,
P 71/1^-
Darren Kearney
Environmental Analyst
Xcel Energy
Enclosures
cc: Tom Huninghake (MAX TODO MARINE SERVICES, INC.)
Dan Flood (A.S. King Plant)
Tom Smith (A.S. King Plant) w/o encl.
Brian Behm (A.S. King Plant) w/o encl.
Randy Capra (A.S. King Plant) w/o encl.
EXHIBIT 1
Fact Sheet for a Proposed Barge Staging Area at
Xcel Energy's Boat Landing
Background: Xcel Energy is the owner of property north of the Allen S. King Generating Plant
(King) that is zoned for industrial use and is currently developed as a boat landing (Figure 1).
The boat landing consists of a —900 foot access road (off of a King Plant maintained road) to the
St. Croix River. Further, the landing has a —75 foot by —125 foot parking area/turn- around
located approximately 125 feet back from the shoreline. In the past, the public had access to the
boat landing until crime and other security issues drove Xcel Energy to close the landing. The
property is still being maintained as a boat landing and is used a few times each year by Xcel
Energy personnel as well as Federal, State, and Local agencies for gaining access to the river.
Proposed Use as Barge Staging Area: MAX TODO MARINE SERVICES INC. is seeking to
utilize the Xcel Energy owned property and boat landing as a barge staging area. The proposed
use as a barge staging area is depicted in Figure 2 and will consist of the following activities:
1) The boat landing will be used as a barge staging area during non - frozen river conditions;
2) A barge will be moored in the St. Croix River, oriented perpendicular to the shoreline, at
the boat landing when not performing marine activities in the river;
3) A barge will be moored in the St. Croix River, oriented perpendicular to the shoreline, at
the boat landing during periods of loading /unloading of equipment and materials;
4) Vehicle(s), excavator(s), skid loader(s), dump truck(s), a crane, and other equipment as
needed to support the barge's river -based operations will be staged in the parking area;
5) Materials will be temporarily staged in the parking area during periods of barge
loading /unloading;
6) Routine barge operation and maintenance will take place in the parking area and along
the shoreline as needed;
7) All work associated with the barge activities will occur between 7:00 AM and 5:00 PM,
unless the equipment is needed for response to an emergency (e.g. recovery of a sunken
boat);
8) No bulk fuel tanks will be stored at the boat landing; and
9) No external light sources, other than vehicle and equipment lights, will be installed or
otherwise used.
Conditional Use Permit Amendment: Given the fact that Xcel Energy is owner of the property
that the proposed barge staging area will be located on and also the fact that the property is
immediately adjacent to King Plant property, MAX TODO MARINE SERVICES INC. is
submitting an application to amend King's Conditional Use Permit in order to allow the activities
set forth in this fact sheet.
Other Permitting Needs: MAX TODO MARINE SERVICES INC. is responsible for obtaining
all other required permits /approvals needed to operate a barge staging area at the Xcel Energy
boat landing (e.g. Army Corps of Engineers, Dept. of Natural Resources, etc...).
EXHIBIT 2
EXHIBIT 3
Figure 1. Allen S. King Plant Property Layout
Wastewater Treatment Plant
,°
• ;
Note: Figure 2 provides deta plan
1 it
,yam ' '_ .
i for area shaded in yellow
i ce . � A�G a ° d Pt k'
°3 ys. l'.!,',.',:::-_,1:1, ° S* �! 4° --
s ��»
\\
A s a �a z scars s •
`:' pp. - A 'n aah 8:m 5mae�'�' r . Y ,! £ .. 1
A
' # a , a
' "y Y t > ^a a s � : , y •
x � ,.q •
1 . " ' � s"za Sr mg s y eE � s� ,�,� s zn
tom $ y m - p $ ',
3 2
x , � `i a� �.. �a ' r '�' 'cs,c.k � � &�� i<a i"r i 1 t 'z' a S
1 bit
►.9� ,.. a� r _ rt a� S
a € 2t
• �` 3 �"
\1 a ge
s .,'
°y r ..mot ; t ` . ° ' *`
' F o - -* +
S
e ' � '"
Daltech
4- ' : * 4t.'
. ,fi x »" ,
•
. ''. A -- e ..7,4.1 it :49.
,,
°. t
, a . "�
o
m
''',ti \\' 2'4: w �. s ',
r s �
J ►
i� r�
x =
9
p
, �rct ' 1) ` '' '''',,:, ' "4
� yr:
,:
� __----,.-,....-c- ...4 -
'sw`� _ F• , ' 0
-r d row i.+�r a *an* . -may' s F *91 �° v ,t
,\
w.
F igu re 2. Proposed Barge Stag Area (Clos - up)
JP
u
s , _,+5`'' y ,Lr , w x . ' x r , A ' 1 � � Proposed B ;�
�, � �� � A - � ��� �'�~�. � � ��a � �` _ � ' ' :',..',A, � St aging Area
M
y A- . ' , T °4 d- a , 3' Y Y t �. 414 1:‘ ?1.. t
c
fi b. - Yk fi, '..44,4"°4414 xxwx T ' *4 -, a `+ ff' .0. * " x ' x 5 d 'wt ' . <� , fit a s _ g , x ' #`" • a .• + ° " ' :'r * ` ' "',a . r# " \ � `k ,a � ,
l
„ ''''..).7 A
'.s r s " ` � a . ` '"ati ,f y ' '� �' r� i ,. �'t�t ‘;',....."'"*A . ' a :°3+ E fg � t •
ra ' g
,. * , nr t r % �` t�• "� �� ° 'Y "tt ;� � „� '� a � - a r t -� � � •3. f' a .F r: # t t F . . � �" t _ - / � - j ,. %.4..,: c - t ., - ,s °, > .. x. . `, -: Y w . :; . " +,.' b`IY „ " mod. , •: &' u 9 ' a, `5 ;: s. 4, . — ,a, .,..: :✓'t`r," +^ < . ; y , _ <r`d a„ k e` 8 y W t ° ✓! d ,x P'; '1r
°
.y
,
,.,: s8 't ;«" ; :. » • . ^ . enn . �x r#' ;r# t ' §8'- . - aw " I . , . - , .. . °
'."a . '`, "`: fit t '; - �„* k . ># ti. 1 ' „,,: i.... , ..,:::::;,..,: : - a , . ; , �
', , '�, ,� � tea:' , � , . � ^ ,r �, f°�. ,, .: t ° � :. ;��r.
r ,
�r a
... -. ? , ..� + , '= . � s ^' •a # , �,, a , y e;,. ' , .�, .:—.11,., y ea ` ` - ar,. � i. ' - r ;.P ,c -.,:
_` . -.rte. ,_ � ,. � -, -�,° �� , � ‘1';,;(' , . .n ` . x t »,,. ' 1 � ` °€ ,'
a
ri , -'!' s , : > . >� , F. : .,' +o- : C 'A S a ' � .r `...,..,.7.''1: . * a i r# �1 � `i/ s a „,,,-9e. jym
\N"".. i - �4` + ` ' ' u e -- : "� • ..' � .' ' ,I. , 4,' - *, , t ' .. � yy * `s:�k` 3 � ” P t 1 # 3�' : s :-
1
,, m... . r M x; .-i.,"'''''.‘ _ '� w ' '1 '::° <, , An y
. a ,,- - - � •
° , , : , ;� ,. i; +S ^' ' r ' .., ' 6a ^ . , 1's i`' . a . y � nom , ., « p } < $ .; a '� � ?a ^ R «,< a .ax
� �,� r �
y :. , . +. :. .. +. 4' x 9"° 1:: i.. Fl ; ffe r"`w � . �" ae'� a , v�'A 4 , I - +' 1 ( .` 3 ;�''. ,
, ' b +t ti^ _ ,.. . . , . w 'zR; *�C,.. 'r , , k m #`- , to ai , ;:., r r : a x .: A. , s Y
.. . <, ' , *t "* _ � ,i -�. � '+ }' . ? f ` � �
. N
t r
q , � > ; $ ,�� # %. , ,. ,,, . , , . , , . : ' 4 Exis Ac es Ft� , �� _ „:,„...,,,
*.
m,
. " r ' - _ .. ms'''s... yam - r , ”, , r . �a r ' t - >r,„ 4x t "
x
s " y c' ' L ��
% w 5, � ,y
- a
,
s ,..., .., ,� 1
5 R / R ° � 4 °
A ,
„, , Y
,
,¢, ' -� ,� ..:,,,,,.\,,..,,,,,z ' , X43 • ' � ,. -.., , #". ., , .- .. ' .,+p,' 9 � g . N.. . , » ' + dt• r'� ,g
' - t,, ... , F ti .. %,<� y f < V+,+ MM � " .� � _ n y .. ;. ..: %g» E M.. k� '.yu
i� '� 14.''
. ^ . 4 y a:: �.. Al :. ^ `. . -. J .,, A' . . , e . -'... '�` ,9 4
g =.
1. ° »�- ,:. ' n • + 2� , 4 ... .£ Y . x V
.. n.. . , F, � r : : , ;. . ';..., .,. ,. ,. ? + '• { . F S,r ";4' ^A
� , . .. „' ; _ . .. ,_ :.. + - >C- �._ S.< . ,.. . ., .y c , .,... .. �:.. _ems- , ' +� �
,, i ' - at �t . ... ,'. ..-.- , : ,. - .. -.F; , a r , a •� ,,iii '�' ,...... �' k^. .^f e �,1' >.� 6
.: -. . s ..t t v w.� -. k w, * .. ''''' : : c a ~ ti ,: < x , r ,,. ', "sda X$ +, €.'
r
�[ f
a , 1. . ..... a+', � , ... . „ . . . R . . 1. .� ..: i :. , 5 :: -.:.. ..; . c »^ »' ... 'N .
#
,. ' , i',. - fir „ � ° ” i . � ° r, . . . . , ' . � ,. � '', s.. . ' ,��, 3A=
"'R t < 2 , L�x'i �, +. � . : : ,,,,..///' , s s. � ,' p:,:. p' i€• T
� ' sit � � ' : r �; -� - �. ....„-#:.:.
q�
r�
''. ,,,,-- . .. #,. c ,
v ,,,\
2t*,,,,, .. ... 4:- # s 1 k , :' �a' 3, dr'
7r7r.',.'k, /:,, l
tio1/4
k w
...,,-,.., ,, '
...... .
....-.,,,,,,.„--:7-.' '
+= __ r +t .
# � j t
�. fi + 4 z t h ,. ` 4 4 Y
1
gd r
olo
f
-' .«a .. . r'
a
# .
` R
r- / '
.
�,S
kt z:
.
k
. y' ' -g
r/ _ � 5J }
EXHIBIT 5
',Ai
4X i x
t7 " ' r 7 ,Jr tJ
r! y
' A et' 1 .1y ; 1.* } + ix ' ,
µ ,"
��� 4. ` t ' r # 4 ' '#
" '�l SS }.°
t l
A ,_,_ y " �
±.Y s€
' + r t ' ��" ; !YY 'cif
/, i:*'''''',,...'.. '---31,'"'''''' l'iii.V.,;40,,,,..,
' ..4 ' ' .' i'. ,....);.;.%). •. ' ' '‘..t ,Ilit.'".i.,'
i , iii f`." ' . ' ,...,..; ..,„ !!`„ :,..-A.,,'',...„44
xf 4
t
.,, , -,, it.: . „, a- .;',1',..1;:,', F I. � ia " g t tM EFn #r .,,444 g
* i t ¢fit
, a. i i� ' i
}
j 1 a, r , g , ? d �� yt '` � yk 4
�'� d 4 ii
‘:!A
•
,& �',
' 1. 4 ' '. a _ _ _ . i
W
r7 �g �v
i,� v j
r '4i1 + N r s fX .. i.
v N 's ai;,. fix! i f.,: •'!. _ • r ,
i ... i .
< #''1t `mot`,? , ,°* x
t ,,is.,,.,.-ititi.1.14.4.!., ' v.... ',.,-, .
T
IN
am 'i - ,1/46.. ' G f' P.; :N Cf4 �� 4tar /
Max Tod()
Marine Services Inc.
651.351.9079
C CAT