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Home My WebLink About2011-05-24 CC Resolution 11-05-15 . RESOLUTION NO. 1 1 -0 5-1 5 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MAX TODD MARINE SERVICES FOR AN AMENDED CONDITIONAL USE PERMIT AND INTERIM USE PERMIT TO ALLOW FOR THE USE OF THE EXISTING BOAT LANDING ON XCEL ENERGY PROPERTY AT 1103 KING PLANT ROAD FOR A BARGE PARKING AND STAGING AREA BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has "received a request from Max Todo Marine Services for an Amended Conditional Use Permit and Interim Use Permit to allow for the use of the existing boat landing on Xcel Energy property at 1103 King Plant Road for a barge parking and staging area; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: I. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted,an application and supporting documentation to the Community Development Department consisting of the following items: • SEE ATTACHMENT I3 and • 3. The property is zoned I, Industrial District in which the marine services business would be a permitted use. The property 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; and • 4. 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; and 5. 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; and 6. City staff prepared a planning report dated May 4, 2011 reviewing the request; and 7. Said report recommended approval of the Amended Conditional Use Permit and Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their May 12; 2011 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Max Todo Marine Services'for an Amended Conditional Use Permit and Interim Use Permit to allow for the use of the existing boat landing on Xcel Energy property at 1103 King Plant Road for a barge parking and staging area and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with 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. 2 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 Management 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. Approved by the City Council of the City of Oa _Park Heil. is this 24 a) of May, 2011. , T r I ) .> ‘•) I l , d At: III a vid Beaudet, Mayor -,� AT CS /: =ric . ■ ohnson, City Administrator 3 ATTACHMENT A 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 24FT WIDE SEWER EASE EXCEPT:THAT PART OF LOT 5 OF SECTION 34 IN TOWNSHIP 30 NORTH OF RANGE 20 WEST OF TI-IE FOURTH MERIDIAN LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT OF WAY OF TI -IE 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 S 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 TI-I.E NORTH LINE OF GOVERNMENT LOT 5 136FEET 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 'rI- IEREOF LYING BETWEEN NORTH LINE SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH 01? 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 • ATTACHMENT B ite 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 - Application Materials • Application Form • Fees • • Plan Sets • • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Public Hearing: May 12, 1011 Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)