HomeMy WebLinkAbout2011-09-19 WC Recorded Document #1208589 - Conditional Use Permit 1208589
Receipt#: 171112
V
USE $46.00 HMO 11 I
Certified Filed and /or recorded on:
9/19/2011 3:10 PM
1208589
Certificate #: 49650
Office of the Registrar of Titles
Retum to: Property Records & Taxpayer Services
ECKBERG LAMMERS BRIGGS WOLFF 8 VIERL Washington County, MN
1809 NORTHWESTERN AVENUE
SUITE 110 Kevin J Corbid, County Recorder
STILLWATER MN 55082
CONDITIONAL USE PERMIT
Return To: $ 46.00
RECEIVED OCT 0 3 2011
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Conditional & Interim Use Permit
For Max Todo Marine Services
1103 King Plant Rai
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 14th day of June,
2011.
j / / ,z44:-:••• .
` . '' 4' 4' ' 0
f
Eric Jo s 'son l• - ti
City : dministrator r-' '
A 1 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.
•
•
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 Magement Organization 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.
` • OAK P ' . I -
Date: ( - I3 -I N By
((10
David Beaudet, Mayor
Date: 6/0/// By
11 in
City Administrator
Xcel Energy
Date: 6/3/7-0 By
Its A.,7' �l
Max Todo Marine Services, Inc.
Date: 6
Its .0 uo n Q,/`
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
EXHIBIT j
nt Plant Trzatt3� Figure 1. Allen S. King Plant Property Layout
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Exhibit A
legal description
•
Tract "A,"
That part of the SW 1 /4 of the NE 1 /4 of Section 3, and that part of the SE 1 /4 of the NE 1 /4 of
said Section 3, Township 29 North, Range 20 West, Washington County, Minnesota,
lying northeasterly of the northeasterly right -of -way line of Minnesota Highway No. 95
and lying southwesterly of the southwesterly right -of -way line of the Chicago, St. Paul,
Minneapolis and Omaha Railroad. The boundaries of the above described parcel have
been judicially determined.
•
Track B
That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range 20 West;
and also, that part of the NE 1 /4 of Section 3, Township 29 North, Range 20 West, and
also, that part of Government Lot 5 in Section 34, Township 30 North, Range 20 West,
Washington County, Minnesota. All to be described as follows: (NOTE: BASIS OF
BEARINGS for this description is the South line of Government Lot 2, Section 2,
Township 29 North, Range 20 West being North 88 degrees 48 minutes 16 seconds East.)
Beginning at an iron monument (found 4 inch well casing) at the Southeast corner of the
SE 1/4 of the NE 1 /4 of Section 3, Township 29 North, Range 20 West; thence West along
the South line of said SE 1 /4 of the NE 1 /4 of Section 3 on a bearing of South 88 degrees 47
minutes 45 seconds West a distance of 333.03 feet to the Northeasterly right -of -way line
of the Chicago, St. Paul, Minneapolis and Omaha Railroad; thence North 38 degrees 03
minutes 13 seconds West along the Northeasterly right -of -way line of said railroad a
distance of 3523.33 feet (to an aluminum cap monument stamped JLM RLS #15835);
thence continuing along said railroad right -of -way on a tangential curve, concave to the
Northeast having a central angle of 6 degrees 51 minutes 52 seconds, a radius of 3057.16
feet, a chord bearing of North 34 degrees 37 minutes 17 seconds West with a chord
distance of 366.05 feet to the South line of the North 700.00 feet of Government Lot 5 in
Section 34, Township 30 North, Range 20 West (set an aluminum cap stamped JLM RLS
#15835; thence North 88 degrees 47 minutes 54 seconds East along said South line of the
North 700.00 feet of said Government Lot 5 for a distance of 440.23 feet to its
intersection with the southwesterly right -of -way of the former Chicago, Milwaukee, St.
Paul and Pacific Railway Company, thence along said Railway right -of -way
southeasterly on a concave curve to the Northeast, having a central angle of 01 degree 28
minutes 21 seconds, a radius of 5779.65 feet, a chord bearing of South 30 degrees 27
minutes 20 seconds East with a chord distance of 148.53 feet to an aluminum cap
stamped JLM RLS #15835, thence North 58 degrees 48 minutes 30 seconds East radial to
said curve a distance of 105.60 feet to the southeast corner of the property described in
Book 303 of Deeds, page 772 in the Washington County Recorders office (found brass
cap in concrete); thence North 01 degree 12 minutes 06 seconds West along the east line
of said last described deed a distance of 0.50 feet to an aluminum cap stamped JLM RLS
#15835 said point also being the southwesterly corner of a tract of land recorded as
Document No. 629805 at the Washington County Recorders office; thence North 58
degrees 48 minutes 30 seconds East along the southerly line of said Document No.
629805 a distance of 157.02 feet to an aluminum cap stamped JLM RLS #15835; thence
North 01 degrees 12 minutes 06 seconds West along the East line of said Document No.
629805 a distance of 597.81 feet to an aluminum cap stamped JLM RLS #15835, said
point also being 100.00 feet South of the North line of Government Lot 5, in Section 34,
Township 30 North, Range 20 West; thence on a line 100.00 feet South of and parallel to
said North line of Government Lot 5 having a bearing of North 88 degrees 47 minutes 54
seconds East to the shoreline of Lake St. Croix; thence Southeasterly along said shoreline
of Lake St. Croix to its intersection with the South line of Government Lot 3 in Section 2,
Township 29 North, Range 20 West; thence Westerly along the south line of said
Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds West a
distance of 1683.27 feet to a monument (found a 4 inch well casing) at the Southwest
corner of said Government Lot 3 in Section 2; thence Westerly along the South line of
Government Lot 2 in Section 2 on a bearing of South 88 degrees 48 minutes 16 seconds
West a distance of 1320.00 feet to the point of beginning.
EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1, both
in Section 3, Township 29 North, Range 20 West and Government Lot 5 of Section 34,
Township 30 North, Range 20 West, as shown as Parcel 63B on Minnesota Department
of Transportation Right of Way Plat Numbered 82 -78 as the same is on file of record in
the office of the Registrar of Titles in and for Washington County, Minnesota.
EXCEPT:
That part of the South Half of the Northeast Quarter of Section 3, Township 29 North,
Range 20 West, shown as Parcel 63C on Minnesota Department of Transportation Right
of Way Plat numbered 82 -75 as the same is on file and of record in the office of the
Registrar of Titles in and for Washington County, Minnesota.