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HomeMy WebLinkAbout2013-05-29 CC Packet Enclosure 11 Oak Park Heights Request for Council Action Meeting Date May 29 2013 Time Required: 10 Minutes Agenda Item Title; Oak Park Heights — Xcel Energy. A.S. King Plant/MnDOT; Dock. Barge Loading Facilities, Office Space and Other Operations Conditional Use Permit Amendment/Interim Use Permit Agenda Placement New Business Originating Department/Requ= o Johnson, City Administrator Requester's Signature Action Requested Discussi • • Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the enclosed from Scott Richards, City Planning Consultant. 1. Planning Report dated May 8 2013 2. Recommending Resolution from the Planning Commission — Unsigned 3. Proposed City Council Resolution Page 127 of 200 TPC 3801 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 783.231.5840 Facsimile: 783.427.0620 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: May 8, 2013 RE: Oak Park Heights — Xcel Energy, A.S. King Plant/MnDOT: Dock, Barge Loading Facilities, Office Space and Other Operations — Conditional Use Permit Amendment/Interim Use Permit FILE NO: 236.02 -13.03 BACKGROUND Nick Ruba, of Edward Kraemer and Sons, Inc. (Edward Kraemer) has made application for an amended Conditional Use Permit (CUP) and Interim Use Permit to allow for staging operations related to construction of the St Croix River Crossing on Xcel Energy property. The project will consist of installing a dock wall area at the existing Xcel boat landing, improvements to the access road to the boat landing, a temporary field office, storage facilities, dumpsters and fuel storage. The boat landing and the location of the field office is north of the Allen S. King Generating Plant. The plant is located at 1103 King Plant Road and is adjacent to the St. Croix River. Xcel Energy has agreed to the use of their property for the operations by Edward Kraemer. The property is zoned I, Industrial District in which this type of staging and water access operation would require a CUP and Interim Use Permit. The property is also in a River Impact District which required the original CUP for the Alien S. King Plant and the subsequent amendments that have allowed the plant to expand. Attached for reference: Exhibit 1: Laydown/Staging Plan, April 8, 2013. Exhibit 2: Allen S. King Plant Property Layout Exhibit 3: Pictures of Barge Staging Area Page 128 of 200 ISSUES ANALYSIS Project Description. The description of the operations proposed by Edward Kraemer is found in detail in Exhibit 1. Excerpts from that description are as follows: "The Xcel Energy Access Point is located south of the future bridge site. This area consists of a few different parts. The first is the dock wall area which is detailed in the Water Access Plan. in addition to those details, Kraemer will have a crane in this area to facilitate the loading and unloading of barges and trucks. The crane is inspected daily and will be maintained in good working condition. A spill kit will also be stored in this area in the event that it is needed. Depending upon the amount of room available an 8 foot x 20 foot conex (intermodal container for storage) may be positioned here to store small tools at the end of the shift rather than leaving them on the barge where theft could easily take place. The second part is the access road from the Xcel laydown area up to the dock wall. This access road will be lined on each side with super duty silt fence from the current gate location up to the dock wall. This will protect the wetlands on the north and south side, Wetland "Q" and Wetland "Xce/ Pond" respectively. If the access road needs to have limbs trimmed to accommodate the movement of equipment, a qualified arborist will facilitate the process. Depending on the condition of the access road, some class 5 or similar material will be added between the super duty silt fence to help improve the road. We plan on installing a tracking pad at the end of the access road where the gate is currently located. Either mulch or crushed rock will be used. The next part of this area Is the Xcel laydown area which currently consists of a "parking lot" and a fenced in yard. Kraemer has been in communication with Xcel and working on an agreement to use part of their fenced in yard. Once the agreed upon area is set, we will install a temporary fence to help protect any material that Xcel currently has in their yard. This fence will then be removed upon completion of the project. This area will contain a field office (roughly 12 feet x 80 feet) for the superintendent, engineers, and safety personnel. There will be at least two 8 feet x 20 feet conex boxes used to store extra BMP's and safety material. A porta-jon will be positioned by the office trailer and staked down. We will have a roll off dumpster here to collect and waste that is produced. Kraemer will have a small fuel tank (400 -500 gallons) that is double lined and will be placed on poly with a perimeter control. A signed and lined concrete washout pit will be in this area only for the concrete pump to wash out at. This pit will be monitored and cleaned out when the need arises. All of the concrete trucks will wash out at their concrete facilities. The majority of the employees will park in this area and we will meet with the local fire department to ensure they have enough room and the proper radii to drive through the area. Other equipment and material may be stored here and the Superintendent and Environmental Compliance Manager will ensure that it is stored correctly. If extra rock material is staged at this location for maintenance of the road a perimeter control will be provided via mobile filter logs." 2 Page 129 of 200 Comprehensive Plan. The Comprehensive Plan designates this area as industrial land use. The proposed use of the property for a boat landing and construction staging area is recognized as industrial land use consistent with the maps and policies of the plan. Zoning Ordinance. The site is zoned I, Industrial District iri which power plants and boat landings are a permitted use. The amended CUP Is required to allow the expanded use of the boat landing area and the property for construction staging in the River Impact District. The operations of Edward Kraemer would be considered as an Interim Use. As such, conditions can be placed on the operation, including a limited time period of operation for this location. It is suggested that the Interim use be allowed until November 30, 2014. Section 401.05. Administration — Interim Use Permits outlines the allowances and criteria for uses that are to be located on a property for a limited time period. Access. The project narrative provides the following related to access for the operations: "The Xcel dock wall will be accessed off of TH 95 using the same access road that the wastewater treatment facility uses, or 59m Street North. We are proposing to widen out the road and extend the railroad crossing as shown on the map in the appendix. This will facilitate the delivery of materials including rebar trucks and 90 foot casing sections for the river piers. The current configuration makes it extremely difficult for a full size tractor trailer to maneuver the comer. The trucks will then cross the Union Pacific railroad tracks and follow the gravel road to the Xce! parking lot The current conditions of the road have been documented prior to any construction by a third party. Once our contract for the river foundations is complete the comer can be restored to its original condition unless the City or MnDOT directs us to leave it as is for the other contracts associated with the construction of the bridge." Parking and Traffic. The City Engineer shall review the access plan and make any recommendations regarding access and traffic. A parking area plan shall be provided to the City Engineer for review and approval. Lighting. The facility is not proposed to be lit. 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. Trees/Screening. The pictures taken last fail of the site and attached indicate that the area surrounding the site is heavily wooded. There are no other uses or properties that are impacted by this request, so additional screening Is not required. The applicant should position equipment to be stored on the property in such as way as it is less visible from the river. Grading and Drainage. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the applicable watershed district. 3 Page 130 of 200 Department of Natural Resources. The Department of Natural Resources (DNR) has been notified of the request. Molly Shodeen, the Area Hydrologist, has indicated that the DNR has signed off on the requested project. Design Guidelines. There are no buildings proposed for the operations other than the temporary office structure. In that the building will be temporary, similar to the office trailers approved for Xcel Energy in the past, compliance with Design Guidelines is not required. Conditional Use Permit — River Impact District. The use of the boat landing as a barge staging area is subject to an amended CUP under the River Impact District. The Planning Commission should consider the conformity, environmental issues and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 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 (Le., parking, loading, noise, etc.). Due to the location of the boat landing and the construction staging area in an industrial area, and the fact that it has been used as a landing for a number of years, City Staff recognizes no issue with the expanded use on a temporary basis. The Edward Kraemer operations will also be subject to an Interim Use in which specific conditions will be placed on Its operation. Interim Use. Section 401.05.0 of the Interim Use Permit Section specifies a number of criteria for the review and approval of a use. A review of those criteria are as follows: 2. New Uses. a. Conforms to all zoning regulations as otherwise applicable. The use will be required to comply with all other Zoning Ordinance performance and use standards. 4 Page 131 of 200 b. The date or event that will terminate the use can be identified with certainty. The use will be allowed to continue until November 30, 2014, unless a timeline extension is granted by the City Council. c. The existence of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. There should be no issues with public costs. d. The user agrees to any conditions that the City Council deems appropriate for permission of the use. The applicant will be required to agree to the conditions in writing. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the CUP and Interim Use Permit to allow for the expanded use of the boat landing area and the property for construction staging on the Xcel property in the River Impact District subject to the following conditions: 1. The Interim Use of the site by Edward Kraemer shall not extend beyond November 30, 2014. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City Engineer shall review the access plan and make any recommendations regarding access and traffic. A parking area plan shall be provided to the City Engineer for review and approval. 3. All tree removal and trimming shall be subject to review and approval of the City Arborist. 4. Any freestanding lighting placed on the site shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 5. 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. 6. The City will not require conformance with the Design Guidelines for the project. 7. 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. 5 Page 132 of 200