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Home My WebLink About12-12-50 RESOLUTION NO. `i' l�= 5O • 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 XCEL ENERGY FOR AN INTERIM USE PERMIT TO ALLOW FOR THE PLACEMENT OF SIX TEMPORARY OFFICE TRAILERS AT THE A.S. KING POWER PLANT AT 1103 KING PLANT ROAD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for an Interim Use Permit to allow for the placement of six temporary office trailers at the A.S. King Power Plant at 1103 King Plant Road; 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: • 1. 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 B and 3. The property is zoned 1, 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; and 4. The placement of the six temporary office trailers will require an Interim Use Permit. Approval of the use would be for a period ending on August 31, 2013, with the possibility of an extension by the City Council; and • 5. There is adequate parking to accommodate the addition of approximately 200 people on site in two shifts; and 6. City staff prepared a planning report dated December 5, 2012 reviewing the request; and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their December 13, 2012 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 Xcel Energy for an Interim Use Permit to allow for the placement of six temporary office trailers at the A.S. King Power Plant at 1103 King Plant Road 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 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 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. • 2 Approved by the City Council of the City of Oak Park Heights this 27 day of December, 2012. 4 avid Beaudet, Mayor S;Tk: ri F n, qty Administrator • 3 ATTACHMENT A WASHINGTON COUNTY PARCEL NUMBER: 34.03.020.43.0005 LEGAL DESCRIPTION: That part of Government Lots 2 and 3 n Sect on 2, Township 29 North, Range 20 West; and also, that part of the NE '/4 Section 3, Township 29 North, Range 20 West, add 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 NE1/4 of Section 3, Township 29 North, Range 20 West; thence West along the South line of Said SE1/4 of the NE1 /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 and 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 3523.22 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 5for a distance of 440.23 feet to its intersection with the southwesterly right -of -way of 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 degrees 28 minutes 21 seconds, a radius of 5770.65 feet, a chord bearding 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 Recorder's office (found brass cap in concrete); thence North 01 degrees 12 minutes 06 seconds West along the east line of said last described deed a distance of 0.50 fee 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 Recorder's 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 RLD #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 an 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 02, Township 29 North, Range 20 West; thence Westerly along the southerly line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of 1683.27 fee, to a monument (found a 4 inch well casing) at the Southwest corner of said Government Lot 3, in Section 02; thence Westerly along the South line of Government Lot 2 in Section 02 on a bearing of 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 and 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 -79 as the same is on file and of record in the office of the Registrar of Titles in an for Washington County, Minnesota. • • ATTACHMENT B 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) Application Submittal Review With City Staff : November 28, 2012 Planning Commission Public Hearing & Recommendation: December 13, 2012 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)