HomeMy WebLinkAbout2011-05-24 Fully Executed CUP Document . M •1
CITY OF OAK PARK HEIGHTS
INTERIM AND CONDITIONAL USE PERMIT
FOR
MAX TODO MARINE SERVICES, INC.
Planners File No: Date Issued : May 24, 2011
Legal Description:
See "Exhibit A" Legal description attached hereto
Owner: Xcel Energy
Address: 414 Nicollet Mall
Minneapolis, Minnesota
Site Address: 1103 King Plant Road
Oak Park Heights, MN 55082
Present Zoning District: I- Industrial
Permitted uses set forth in Ordinance Chapter 401 Section 401.32
Applicant: Max Todo Marine Services, Inc
Address:
I. CONDITIONAL USE PERMIT FOR:
Use of the existing boat landing on Xcel Energy property at 1103 King Plant Road for a barge parking and
staging area. The property is zoned I, Industrial District in which the marine services business would be a
permitted use. The property(Xcel Site) is in the River Impact District which required the original Conditional
Use Permit for the Allen S. King Plant and the subsequent amendments that have allowed changes to the site
and the plant to expand. The use of the existing boat landing on Xcel Energy property in the River Impact
District for a barge parking and staging area would require an Amended Conditional Use Permit. The Max Todo
Marine Services business would require an Interim Use Permit to use the boat landing. Approval of the use
would be for a period of five years, with the possibility of an extension by the City Council.
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II. The applicant has submitted a site drawing and supporting documentation to the Community Development
Department consisting of the following items:
SEE EXHIBIT B
These Items are incorporated herein by reference
III. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City
of Oak Park Heights imposed as follows:
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, the Middle St.
Croix Water Maaagement Organization and any other state or federal regulating agency, if applicable.
9. The use of the boat landing and the surrounding area for a barge parking and staging area shall be limited
to only non -frozen conditions on the St Croix River. During this time no equipment, including the
barge, shall be stored on -site.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
i 1 OAK P '
Date: 6-13 -II B y i ��i
David Beaudet, Mayor
Date: 6 (3 if By
'/ I I on
City Administrator
Xcel Energy
Date: 6/3/2-0 '/ By
Its ti
Max Todo Marine Services, Inc.
Date: 6 - 2' /I By _._.,� ; ...../
Its 0 Q,r
t
EXHIBIT A
A.S. KING PLANT
LEGAL DESCRIPTION
Amended Conditional Use Permit (CUP)
& Interim Use Permit
Allowing Use of Existing Boat Landing
On Xcel Energy Property For
Barge Parking & Staging Area
At
1103 King Plant Road
Legally described as:
PT GOV LOT 5 LYING EAST OF CM &STP RR EXCEPT: 34.030.20.43.0003 & 34.030.20.43.0004
SUBJ TO 20FT WIDE SEWER EASE EXCEPT:THAT PART OF LOT 5 OF SECTION 34 IN
TOWNSHIP 30 NORTH OF RANGE 20 WEST OF THE FOURTH MERIDIAN LYING EASTERLY
OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO MILWAUKEE AND ST
PAUL RAILWAY COMPANY(NOW ABANDONED) DESCRIBED AS FOLLOWS COMMENCING
AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 5 WHERE THE SAME IS
INTERSECTED BY THE EASTERLY LINE OF SAID RAILWAY RIGHT OF WAY THENCE EAST
ALONG THE NORTH LINE OF GOVERNMENT LOT 5 A DISTANCE OF 378.8 FEET THENCE
SOUTH AT RIGHT ANGLES TO THE NORTH LINE OF SAID GOVERNMENT LOT 5 A
DISTANCE OF 100 FEET TO THE POINT OF BEGINNING OF TH TRACT TO BE DESCRIBED
THENCE SOUTH ON SAID LINE DRAWN AT RIGHT ANGLES TO THE NORTH LINE OF
GOVERNMENT LOT 5 A DISTANCE OF 676.3 FEET THENCE NORTHEASTERLY ON A LINE
DRAWN PERPENDICULAR TO THE EAST LINE OF SAID RAILWAY RIGHT OF WAY A
DISTANCE OF 152.6 FEET MORE OR LESS TO THE POINT OF INTERSECTION WITH A LINE
DRAWN AT RIGHT ANGLES TO THE NORTH LINE OF GOVERNMENT LOT 5 AND PASSING
THROUGH A POINT 136 FEET EASTERLY OF THE POINT OF BEGINNING AS MEASURED
ALONG A LINE PARALLEL WITH THE NORTH LINE OF GOVERNMENT LOT 5 THENCE
NORTHERLY ALONG SAID INTERSECTING LINE AT RIGHT ANGLES TO THE NORTH LINE
OF GOVERNMENT LOT 5 A DISTANCE OF 607.7 FEET MORE OR LESS TO A POINT THEREON
100 FEET SOUTH AT RIGHT ANGLES FROM THE NORTH LINE OF GOVERNMENT LOT 5
THENCE WEST PARALLEL TO THE NORTH LINE OF GOVERNMENT LOT 5 I36FEET TO A
POINT OF BEG AND INCLUDING:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSHIP 30
RANGE 20 BEING THAT PART LYING BETWEEN RIGHT OF WAY OF CHICAGO ST PAUL
MINNEAPOLIS AND OMAHA RAILROAD COMPANY AND RIGHT OF WAY OF CHICAGO
MILWAUKEE AND ST PAUL RAILROAD COMPANY EXCEPT THAT PART THEREOF LYING
BETWEEN NORTH LINE SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO
AND 700 FEET SOUTH OF NORTH LINE SAID GOVERNMENT LOT 5 SUBJECT TO EASEMENT
AND:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSH
Washington County GEO Code: 34 -03- 020 -43 -0005
EXHIBIT B
SITE PLAN AND
PROJECT ATTACHMENTS
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
EXillblI 5
Wastewater Treatment Plant Figure 1. Allen S. King Plant Property Layout
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