HomeMy WebLinkAbout2013-01-14 OPH Ltr to CA Forwarding Interim Use Permit for Recording CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574
0".
January 14, 2013
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P
1809 Northwestern Ave.
Stillwater, MN 55082
Re: Interim Use Permit:
Xcel Energy —1103 King Plant Rd.
OPH File No.: 2012 -11.09
TPC File: 236.02 -12.10
Dear Mr. Vierling:
Enclosed herewith for filing with the Washington County Recorder's Office, please find a
copy of th- above - referenced document. Notice of Certification has been attached.
yard
Eric ' i hnson
City's dministrator
EJ• jah
Enclosure
Tree City U. S.A.
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:
Interim Use Permit — Xcel Energy
Temporary Construction Trailer Use & Placement
1103 King Plant Rd.
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 Heig ts, this 14 day of
January, 2013.
ric J) son
City , . 'dministrator
•
CITY OF OAK PARK HEIGHTS
INTERIM USE PERMIT FOR TEMPORARY
CONTRUCTION TRAILER USE AND
PLACEMENT
FOR
XCEL ENERGY
NWAC File No. 236.02 -12.10 Permit Issued : December 27, 2013
Legal Description:
See "Exhibit A" Legal description attached hereto
Owner: Xcel Energy
Address: 414 Nicol let 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 401 Section 401.32 C
I. INTERIM USE PERMIT FOR:
The City of Oak Park Heights has received a request from Northern States Power/Xcel Energy for an
Interim Use Permit to allow the placement of six temporary office trailers at the A.S. King Power Plant at 1103
King Plant being the A.S. King Power Plant.
Approval of the use would be for a period ending on August 31, 2013, with the possibility of an
extension by the City Council.
The property is zoned I, Industrial District in which power plants and accessory structures are 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.
II. The applicant has submitted a site drawing and supporting documentation to the Community Development
Department attached as part of December 5, 2012 planning report.
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
1. The trailers shall be removed no later than August 31, 2013 unless an extension is granted by the City
Council.
2. Any freestanding or building lighting placed on the property shall be in compliance with the Zoning
Ordinance and subject to review and approval of City staff.
3. Any changes to the grade or drainage associated with the trailer placement shall be subject to review and
approval of the City Engineer and applicable watershed district.
4. The City Engineer shall comment on the traffic resulting from the increased personnel at the plant.
Any traffic control measures required by the City Engineer will be implemented by Xcel Energy.
5. Xcel shall be required to comply with any permitting requirements of the City.
N. This Permit is issued in addition to and not in replacement of any other permits previously issued by the
City to this permit holder.
V. Modification of existing CUP' s. Issuance of this Interim Use Permit (CUP) neither modifies amends nor
rescinds any prior issued CUP's.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
r
/
Date: //////6 By
'r Comber, Mayo
Date: By
c Johnson
i ity Administrator
•
XCEL ENERGY
Date: 04
Exhibit 1
A.S. King Plant
legal description
That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range
20 West; and also, that part of the NE k 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 of the NE k of Section 3, Township 29 North, Range 20
West; thence West along the South line of said SE k of the NE &I 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 3521.33 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 5 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
1583.27 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 53C 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
EXHIBIT PLANNERS REPORT
SITE PLAN AND
PROJECT ATTACHMENTS
II
TP 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: December 5, 2012
RE: Oak Park Heights — Xcel Energy / A.S. King Plant — Interim Use
Permit Application for Temporary Office Trailers
FILE NO: 236.02 —12.10
BACKGROUND
Dan Flood, representing Xcel Energy, has made application for an Interim Use Permit to
allow placement of six temporary office trailers at the A.S. King Power Plant. The plant
is located at 1103 King Plant Road and is adjacent to the St. Croix River. The trailers
are to be used for a temporary increase in administrative and engineering personnel
while the plant is shut down for maintenance to the boiler. The trailers are to be placed
on site after approval by the City and are to be removed by July 31, 2013.
The property is zoned I, Industrial District in which power plants and accessory
structures are a permitted use. The King Plant is also in a River Impact District which
requires a conditional use permit for construction activities. In that the request is for
temporary placement of the trailers, the application is treated as an Interim use, not a
conditional use.
Attached for reference:
Exhibit 1: Letter from Dan Flood, Xcel Energy, November 21, 2012
Exhibit 2: Site Plan — Trailer Locations and Restroom Locations
Exhibit 3: Picture of Proposed Trailer
Exhibit 4: Trailer Floor Plan
ISSUES ANALYSIS
Project Description. The description of the proposed need for the trailers is provided
by Xcel in the project application as follows:
This request is being made to place six temporary office trailers on site starting
November 1, 2012 thru July 31, 2013 to support an increased work force during this
time. All trailers will be approximately 10 feet by 60 feet and will be stand alone trailers
used for office work. These trailers will have temporary electrical and intemet
connections to support administrative work. There will be no plumbing in these trailers
and all personnel will use onsite facilities located immediately adjacent to the trailers. All
trailers will be leveled, blocked and tied down for severe weather with temporary stairs
for access. These trailers will be placed on existing gravel areas located on site, see
attached drawing. The trailers will begin to arrive in November 2012 and all will be
removed by July 31, 2012.
Note the additional description of the project found in the letter from Dan Flood of Xcel
Energy found as Exhibit 1. Also, the trailers will not be put into use until the City Council
reviews and is favorable to the interim use, which will likely occur at their December 27,
2012 meeting.
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 I, Industrial District in which power plants and
accessory structures are a permitted use. The King Plant is also in the River Impact
District which requires a conditional use permit for significant changes to the plant. The
temporary use of the trailers is not considered a permanent or significant change to the
plant site, thus will require an interim use. Section 401.32.0 lists temporary office and
administrative structures as an interim use in the I District.
Parking. The site currently has 117 permanent parking spaces on an existing blacktop
surface. An additional parking area of 400 spaces on gravel outside of the fence will be
used for the additional temporary personnel. The number of permanent plant
employees is 108 with another 250 during the plant maintenance.
Parking calculations for the plant are as follows:
Existing Office Space:
18,400 square feet x.9 = 16,560 / 200 = 83 + 3 = 86 parking spaces
Temporary Office Space:
3600 square feet x .9 = 3240 / 200 = 16 parking spaces
As per the Zoning Ordinance requirements, 102 parking spaces are required both for
the existing and proposed office space. The combination of the 117 spaces on the
blacktop and 400 spaces on the gravel will be more than adequate for the 350 people
that will be employed at the plant during the maintenance.
2
Lighting. No additional lighting has been proposed. Existing site lighting will be
utilized in the areas where the trailers are to be placed. 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.
Trash Handling. All trash and recycling for the trailers will be handled with the existing
facilities on site.
Restrooms. The six trailers shall not contain restroom facilities. As indicated in the
site plan found as Exhibit 2, existing restroom facilities in adjacent buildings will be
utilized.
Grading and Drainage. There will be no grading or drainage issues with the proposal.
The trailers will be placed on existing gravel surfaces.
Setbacks. The trailers will be compliant with all lot line and shoreland building
setbacks of the Zoning Ordinance.
Department of Natural Resources. The Department of Natural Resources (DNR) has
been notified of the request. There should be no issues in that the structures will be
temporary. The interim use approval by the City is subject to any further review or
comments by the DNR.
Design Guidelines. In that the structures are temporary, they are not subject to Design
Guideline Review.
Conditional Use Permit — River Impact District. Although this is an interim use and
not conditional use, it will be helpful for the Planning Commission to consider the
conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, as
part of its review.
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 King Plant in an industrial area, and the minimal, temporary
impact these structures will have on the site, the project is consistent with the above
criteria. The City Engineer should comment on any traffic concerns with having an
additional 250 people utilizing the roadways adjacent to the plant.
3
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, City staff recommends approval of the Interim Use
Permit to allow for the allow placement of six temporary office trailers at the A.S. King
Plant subject to the following conditions:
1. The trailers shall be removed no later than August 31, 2013 unless an extension
is granted by the City Council.
2. Any freestanding or budding lighting shall be in compliance with the Zoning
Ordinance and subject to review and approval of City staff.
3. Any changes to the grade or drainage associated with the trailer placement shall
be subject to review and approval of the City Engineer and applicable watershed
district.
4. The City Engineer shall comment on the traffic resulting from the increased
personnel at the plant. Any traffic control measures required by the City
Engineer will be implemented by Xcel Energy.
5. Xcel shall be required to comply with any permitting requirements of the City.
4
EXHIBIT 1
} Xc lE r •
•
�+ 414 Monet Mall
RESPONSIBLE BY UATVIE• Minneapolis, MN 55401
14004954999
xcelenergy.com
November 21, 2012
RE: TPC letter dated November 14, 2012
Dear Mr. Richards
II
This letter is in response to your request for more information regarding file NO 236.02 - 12.10.
1. Provide mailing labels: Labels obtained thru Washington County and are attached with a
Map produced by the county.
2. Expand on narrative to discuss need for additional office space.
a. Beginning in December of 2012 Xcel Energy will begin the process of replacing
tubes in the reheater section of our boiler. Personnel will begin to arrive in mid
December for administrative and engineering work. The project itself will begin in
late February and completion is scheduled for early June. The need for additional
space is to house the additional workers involved in this project. Currently A.S. King
Plant facilities and offices are at maximum capacity and will not be able to house
additional personnel. Half of the trailers will be used to house administrative and
engineering personnel directly tied to the project while the other half of the trailers
would be used for break rooms where the craft would be able to take breaks. The
large number of craft personnel will be broken up into at least 2 separate shifts with
varied break times so that this number of trailers would be able to handle the number
of people. During times other than breaks these trailers would be idle.
3. Provide pictures / diagram of what the trailers will look like: See attached
4. Provide analysis of the number of parking stalls on site vs. the total square footage of office
space currently in use as well as the total with the trailers.
a. Approximately 117 permanent parking spaces on the blacktop; an existing additional
parking area of 400 spaces on the gravel outside the fence will be used for contract
personnel. Square footage of permanent office space is approximately 18,400.
Additional office trailers would add an additional 2000 square ft of office space, and
2000 square ft of lunch space. The number of permanent plant employees is 108
with the expectation of an additional 250 during the spring outage. Most of these
additional employees are members of the Minnesota Building and Labor Trades.
Xcel Ene
414 NiceIlet Mali
111111 i v NAME* Minneapolis, MN 55401
1- 800895 -4999
xcelenergy.com
5. Provide a map of the restroom locations that will serve the trailer office spaces.
a. I have attached a drawing that shows both the trailer locations (in red) and current
permanent restroom / locker room locations (in Blue). Additional portable restroom
facilities (porta johns) will be located next to each trailer which would be serviced
daily.
If you have any further questions please feel free to contact me.
Thank you
Dan Flood
Xcel Energy Responsible By Nature
Maintenance Planning and Scheduling Superintendent
1103 King Plant Road Bayport, MN 55003
P: 651 - 731 -5736 C: 651- 485 -5280 F: 651 - 731 -7337
E: Daniel.flood@xcelenergy.com
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SPACE BY 8211 Maryland Drive
• SM6024
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800.782.15000
SCOTSMAN www.willscot.com SECTION MODULAR
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