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HomeMy WebLinkAbout10-22-2013 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 22, 2013 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (1) 7:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—October 8, 2013 (2) C. Approve Renewal of Boulevard Tree from 14240 55th Street North (3) D. Authorize Expenditures for Employee Retirement (4) E. Approve HLB Tautges Redpath, Ltd. Auditing Services for December 31, 2013 (5) 7:10 p.m. V. Public Hearings None 7:10 p.m. VI. Old Business A. St. Croix River Crossing Update B. Third PRV Station Install (6) 7:15 p.m. VII. New Business A. MN Outdoor Shooting Sports—Design. Standards/Site Plan Review (7) B. Xcel Energy—Conditional Use Permit—Rail Spurs/Interim Use Permit— Office Trailers (8) C. City Council—Teambuilding/Planning(9) 7.30 p.m. VIII. Other Council Items or Announcements 7:35 p.m. IX. Adjournment Pagel of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 90 OF a Oak Park Heights Request for Council Action 1 Meeting Date October 22, 2013 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor inistration/Jennifer Pinski Requester's Signatur Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 90 n City Of Oak Park Hei hts 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439.Fax(651)439-0574 October 10, 2013 Nicole Berkel 6435 Paris Avenue North Oak Park Heights, MN 55082 Dear Ms. Berkel: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, October 10, 2013, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulatio l Je'- > fer Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 90 Oak Park Heights Request for Council Action 2 Meeting Date October 22, 2013 Agenda Item Approve City Council Minutes—October 8, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signat Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 90 CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER S, 2013 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, City Engineer Long,Public Works Director Kegley, and Finance Director Caruso. Absent: City Planner Richards. Mayor McComber added "Street Reconstruction—Assessment Deferments"to New Business as Item B. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 5-0. II. CouncWStaff Reports: A. Mayor McComber: She reported that the Parks Commission's next meeting was set for October 21 at 7:00 p.m. with continued interviews prior to that at 5:45 p.m. She also reported that the League of Minnesota Cities created an essay contest called"Mayor for a Day," and a link to that contest was on the City's website. B. Councilmember Dougherty: No report. C. Councilmember Liliegren: No report. D. Councilmember Runk: He reported that the Planning Commission's next meeting was set for October 10, and there were two public hearings on that agenda. E. Councilmember Swenson: No report. F. Staff: Deputy Clerk Pinski reported that Bill Choiniere of 14284 Oldfield Avenue Court North was chosen as the recycling award winner. She also provided the load report for the Fall Clean-up which was held on October 5, 2013. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes September 24, 2013 Page 6 of 90 City Council Meeting Minutes October 8, 2013 Page 2 of 3 C. Approve Removal of Boulevard Tree from 14161 Upper 50 Street North D. Approve Option to Purchase Contract—6130 Osgood Avenue E. Approve Resolution Transferring Lands to the State of Minnesota—Parcel #19 F. Approve City Hall Security and Alarm System Repairs/Update Councilmember Runk, seconded by Councilmember Swenson,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. St. Croix River Crossing Update: Jon Chiglo from the Minnesota Department of Transportation was present at the meeting and reported that Lookout Trail would be closed for utility work mid-October. He also reported that there would be water shut-offs on Lookout Trail. Chiglo stated that there would be some lane closures on Highway 36 to construct a crossover, the deck pouring for Beach Road would be occurring soon, they would be paving Highway 95 starting that Friday, and they were dealing with noise complaints. Chiglo also reported that Peabody Avenue had been paved, and landscaping and signage would be installed. Mayor McComber questioned when the bump on the south frontage road would be taken care of Chiglo stated he would find out when that road would be paved. B. St. Croix River Crossing Pro'ect—Traffic Concerns: Mayor McComber, seconded by Councilmember Swenson, moved to set a worksession for 6:00 p.m. on October 22. Carried 5-0. C. Street Reconstruction 2014—2015: City Engineer Long provided a PowerPoint presentation. Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. VII. New Business: A. Accept Resignation Retirement of Mr. Jeff Kellogg: Councilmember Swenson, seconded by Councilmember Liljegren, moved to accept the resignation. Carried 5-0. Page 7 of 90 City Council Meeting Minutes October 8, 2013 Page 3 of 3 Councilmember Swenson, seconded by Councilmember Dougherty, moved to move forward with hiring a replacement. Carried 5-0. Mayor McComber, seconded by Councilmember Dougherty, moved to appoint Mayor McComber on the hiring committee, and Councilmember Dougherty as secondary if Mayor McComber was unavailable. Carried 5- 0. B. Street Reconstruction—Assessment Deferments: Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve Resolution 13-10-38. Roll call vote taken. Carried 5-0. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve Resolution 13-10-39. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements Councilmember Runk reported that there was another public meeting for street reconstruction scheduled for October 9 from 6:00 p.m. to 7:00 p.m. IX. Adjournment Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 7:47 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 8 of 90 Oak Park Heights 3 Request for Council Action Meeting Date October 22, 2013 Agenda Item Approve Removal of Boulevard Tree from 1424 55"' Street North Time Req. 0 Agenda Placement Consent Originating Department/Requestor Arborist Kathy Widin Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The Parks Commission for the City of Oak Park Heights created a Park Name Contest for the former fly-ash site with the following rules: The property owners at 14240 55th St. N. (Eric and Brenda Aarness)are requesting removal of the 20 in. diameter silver maple on the west side of their driveway in the boulevard right-of-way. The tree has large roots which are interfering with mowing and are close to their existing driveway. They have a permit to build a parking pad and also want to replace their driveway. They are concerned about interference of the tree roots with the new driveway and potential damage. I have inspected the tree and site and concur that the tree roots will be an issue with the driveway. The property owners are aware that there is a$100. co-pay for removal of a nuisance tree. There is room to plant a new tree further back from the curb and driveway. I have attached images of the tree roots. Kathy Widin Arborist City of Oak Park Heights Page 9 of 90 October 11, 2013 Dear Kathy Widin, Thank you for meeting with us last week. As a follow up to our conversation, we would like to request the removal of a silver maple tree in our yard. The roots are damaging our driveway and they have potential to damage the cable lines for the neighborhood. We have plans to make a new driveway so we would like this tree to be removed as soon as possible. Thank you very much, Eric and Brenda Aarness 14240 55 St. N. Oak Park Heights, MN 651-430-0161 Page 10 of 90 :mac Eaim St Croix alley since 1.972 1 01 p . Itt►estr�n Qf:�►or�c'. - - ,k Q. y h h �I�Iate€rats11;u-�wed- 4"t-pp V., ce�r�th tlt ok k ague fovf rger � - �� :� $e�waer 3Fi 'for a' SCn`b� le%n*e SDliovvingM,!AgFL r Page 11 of 90 CITY OF T . f : PARK HEIGHTS 11 14168 North -5701 5treer• RO_ Box 240: ° Oak I'ark Heighrs,Mai 55082 • P}iorie:(65I)439-4439 • Fax 439-0574 Municipal Arborist-Katharine Widin Recommendations •• Cures Program Date: /13 Name: ( V'i L cf � IrN v�C � !-tr vN eSS Address: 2 `f U Boulevard Tree Tree in Yard Prol3lem: �O 1 ✓i- S, ��c.r v��e� o✓t �o��-wk•�� . L.cv� v.N� C w vt 5 G ►SS r&M/ Inf i 4�n Y'^^"'vV ''� � /�""�j -� C>j J r.-c�s �� vtsa t�,, jv1�/-"j ��d.✓�S u.�- Cti.�`[t� ��'*�c�1�P� ' �`�+4 1 S`l V.�ay..,� C.-a Recommendations: v - 4 0-f-4E70, it 1 on. WHEN USING PESTICIDES, OBSERVE PROPER SAFETY PRECAUTIONS AIND ALWAYS FOLLOW LA13ELDIRECTIONS. 'free City U.S.A. Page 12 of 90 � • �:�' ,.Pte" ` •- it ;ri it 4 .. .•,nom. - _. :. '�-. � _: �s��°` _ V oe ovim 140. 00 _ v •� : �.�.� mot. "yr� ' yam, - � .f �, ar,j� '•:ter ! •� � �� �"� . `� I ' _ ,�- e• L try•. _ � �, _ FYI �'� -, ham- •.�, -�", 4'. t I , d; �� r Y IW�.: r.'Y,ii ' ��tic •..' � - � � . -..�-�:.� _h Yr,~fin r. To- .YS.,r. •+. ��qr "�}..�,f / r f Y Page of 90 s- Oak Park Heights Request for Council Action 4 Meeting Date October 22, 2013 Agenda Item Authorize Expenditures for Employee Retirement Time Req. 0 Agenda Placement Consent Originating DepartmentJRequestor Administration/Jennifer Pinski Requester's Signature_.. Action Requested Authorize expenditures from council contingency Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Jeff Kellogg will be retiring from the City of Oak Park Heights Public Works Department at the end of this month. In following past practice, I recommend the City Council purchase a gift card in the amount of$400 for Jeff Kellogg with funds coming from council contingency. Mr. Kellogg does not want a large retirement party; however,he would like to have a small celebration among staff. I recommend approval to expend up to $100 from council contingency for refreshments. Page 15 of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 90 L W7 Oak Park Heights Request for Council Action 5 Meeting Date: October 22_,2013 Agenda Item Title Approve HLB Tautges Redj2ath, Ltd. Auditing Services for December 31, 2013 Time Required I min Agenda Placement Consent Originating Department/Requester Finance-Betty Caruso Finance Director Requester's Signature Action Requested Approve auditing services contract with HLB Tautges Redpath, Ltd. For December 31, 2013 Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). I have received the standard engagement letter for auditing services for the year ending December 31, 2013, from HLBT Tautges Redpath, Ltd. HLB Tautges Redpath, Ltd. is proposing a 2% increase ($710) in fees for completing the audit for 2013. This fee is split between the General Fund, Water Utility Fund, Sewer Utility Fund, and the Capital Revolving Fund. Page 17 of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 18 of 90 Oak Park Heights Request for Council Action 6 Meeting Date: Tuesday October 22 2013 Agenda Item : 3rd PRV Station Install Time Req. 5 Minutes Agenda Placement: Old Business Originating Department/Requestor: ublic Works Andy Kegley, Public Works Director Requester's Signature Action Requested: Authorize s ff to purchase PRV materials and supplies and contract with Miller Exc. to install Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Please see attached memo. Page 19 of 90 City of Oak Park Heights 14168 Oak Park Blvd Me Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0514 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 10/1812013 Re: 3`d PRV Install At the August 27, 2013 Council meeting the Council authorized staff to seek quotes to install a 3rd PRV in line with the South PRV to control pressure in the low pressure zone. Staff worked with the City Engineers at Stantec to obtain cost estimates and to develop a RFQ to seek quotes. The estimated expense was believed to be roughly$40,000 to install and commission the station. Unfortunately quotes came back higher than expected, in fact the lowest quote received was from the local contractor Miller Excavating Inc. for $ $71, 862.45. 1 sought an explanation for the higher than expected quotes and found initial materials and supplies cost estimates were erroneously low. I contacted distributors and received cost estimates for materials and supplies in a scenario whereby the City purchases the materials and supplies directly,thus lowering cost by eliminating standard mark up. Excluding labor the estimated expense to the City for materials and supplies is $35,969. The City may choose to purchase the materials and supplies and hire the labor separately. Miller Excavating provided a labor only estimated cost of$20,000 to install the PRV station. This brings the estimated cost, including engineering to$64,326.55 to install the station, which is roughly$7,536 less than the lowest submitted quote. If the City were to construct the PRV station in this manner City staff would fundamentally act as the general contractor. This would require staff time to procure the material and supplies and coordinate construction; activities that would be required at least to some extent regardless. Stantec shall perform the field inspections and assist with commissioning and assist the City in coordinating with MnDOT and ALJV. TREE CITY U.S.A. Page 20 of 90 As stated in August,funding for the PRV was not budgeted for 2013. Money will be utilized from utility replacement funds, but will be replaced to the fund from revenues over a two to five year period. 2 TREE CITY U.S.A. Page 21 of 90 Item Unit Cost #of Units Sub Total Tax 8" Cla-Val Model 90-05G PRV $7,794 1 $7,794 $536 2.5" Cla-val $2,667 1 $2,667 $183 PRV Manhole base $1,250 1 $1,250 $86 Manhole Structure $10,000 1 $10,000 $688 Manhole Cover $1,390 1 $1,390 $96 Manhole entrance casting $280 1 $280 $19 Pipe Boots $96 2 $192 $13 8" D.I. Sleeve $150 1 $150 $10 8" megalugs wJ gasket $35 10 $350 $24 6" Megalugs w/gasket $26 10 $260 $18 Cor-Blue Tee Bolt and nut $3 120 $300 $21 8" x 6" DI tee $300 1 $300 $21 8" class 52 DIP $25 60 $1,500 $103 6" class 52 DIP -14' $18 14 $252 $17 Fire Hydrant $3,000 1 $3,000 $206 Gate valve box $300 2 $600 $41 6" gate valve $1,000 1 $1,000 $69 6" gate valve adaptor $100 1 $100 $7 8" gate valve $1,300 1 $1,300 $89 8" gate valve adaptor $100 1 $100 $7 8" x 6" MJ reducer $120 1 $120 $8 8" Pipe Poly wrap- 100' $50 1 $50 $3 6" DI 11.25 degree bends $300 2 $600 $41 Rock for hydrant base $100 1 $100 $7 Sub total $33,655 $2,314 Labor- Miller Exc. $20,000 Taxes $2,314 Engineering @ 15% $8,357.80 Total Project Cost $64,326.58 Page 22 of 90 7 Oak Park Heights Request for Council Action Meeting Date October 22"d, 2013 Time Required: 10 Minutes Agenda Item Title: MN Outdoor Shooting Sports—Design Standards/ Site Plan Review Agenda Placement New Bus' ss Originating Department/Re es PQ Johnson. Cily Administrator Requester's Signature Action Requested Discus i Possible Action Background/Justification( 1 ase 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 Oct 2nd, 2013 2. Recommending Resolution from the Planning Commission—Unsigned 3. Proposed City Council Resolution Page 23 of 90 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone. 763.231.5840 Facsimile: 763.427.0520 EN^! SURE TPC§PlanningCo,corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 2, 2013 RE: Oak Park Heights — Minnesota Outdoor Shooting Sports — Design Standards/Site Plan Review, Sign Variance - 12969 60"' Street North TPC FILE: 236.02 — 13.06 BACKGROUND Barry Schalke, representing Minnesota Outdoor Shooting Sports, has made applications for Design Standards/Site Plan Review and a sign variance for the former Denny Hecker auto dealership site at 12969 60th Street North. The building and site will be repurposed for a sporting goods store and gun range. The building and site will be updated requiring Design Standards and Site Plan review and the sign variance is required to allow a 40 foot freestanding sign. The site is zoned B-2, General Business District in which retail stores and commercial recreation such as the indoor firearms range is a permitted use. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: 1St Floor Plan (A1.0) Exhibit 3: 2"d Floor Plan (A2.0) Exhibit 4: Perspective Views (A3.0) Exhibit 5: Elevations (A3.1) Exhibit 6: Existing Conditions and Demo Plan (C1.1) Exhibit 7: Layout Plan (C2.1) Exhibit 8: Grading and Erosion Control Plan (C3.1) Exhibit 9: Detail Sheet (C7.1) Page 24 of 90 Exhibit 10: Lighting Plan (E1.1) Exhibit 11: Landscaping Plan (1-1.1) Exhibit 12: Freestanding Sign Exhibit 13: Site Pictures (4 pages) Exhibit 14: Report of the City Arborist PROJECT DESCRIPTION The project narrative provides the following description: "The developer of this project intends to remodel the abandoned 56,000 square foot Ford dealership located at 12969 60th Street North into a proposed sporting goods store and gun range. The exterior footprint of the building will remain intact with most of the existing openings for overhead garage doors to be filled in. Warmer colors and a new entrance canopy will improve the building shell's appearance. Interior spaces would be modified to meet the needs of the tenant including retail space, two gun range areas, a small gym and lounge, relocated offices, storageAvarehouse space, and a coffee shop with exterior patio. The site will also be improved by breaking up the existing large asphalt parking area with landscaping and the addition of a water feature at the building's entrance. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The proposed use is consistent with this land use designation. Zoning. The property is zoned B-2 General Business District. The use of the site for retail and as commercial recreation is a permitted use. Subdivision. The property is platted as Lot 1, Block 1 Jacob Addition. There are no changes requested related to the lot or easements. Setbacks. The building and parking areas are compliant with all setback requirements. There are no changes planned to either the building and parking setbacks with this project. Traffic Circulation/Curb Cuts. The existing curb cuts will remain for access to 60th Street North and Neal Avenue North. The addition of large landscaped parking islands will not significantly change the traffic circulation on site. The plan should be subject to review by the Fire Marshal for emergency vehicle access. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall indicate where the snow is to be stored or if it will be hauled off site. Parking. The following table provides an analysis of proposed and required parking spaces: 2 Page 25 of 90 Parking Area Required Requirements Spaces 1 per 200 SF 12,795 X .9 = 11,515 SF retail/hospitality retail/hospitality 58 1 per 40 SF 667 X .9 = 600 SF coffee shop 15 1 per 200 SF. + 3 7,316 x .9 = 6,584 SF office/training areas 36 1 per 150 SF + 10 2,810 x .9 = 2,529 SF gun club 27 5 per range aisle 33 x 5 gun ranges 165 1 per 1,500 SF 6,160 x.9 = 5544 SF 4 TOTAL 305 Per ordinance, the site would require 305 parking spaces. The proposed site plan indicates a total of 557 spaces, 95 which are in the areas of the site plan to be reconfigured and 462 which will remain as is. The plans indicate two disability stalls in the new area of the plan. There should be at least four disability stalls in the area surrounding the building and close to the entrances. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Lighting. The lighting plan indicates the existing parking lot lights to remain on site. The new fixture heads that will be installed will be LED. Any existing fixtures to remain will be retrofitted to be full cut off. The new wall mounted building lights will also be LED and full cut off. The plans do not clearly show which fixtures are to remain and which are to be replaced on site and on the building. If there is any architectural lighting of the building, the plans will need to be updated for Planning Commission and City Council approval. Additionally, a photometric plan will be required for City Staff review and approval. Trash Storage. The existing trash storage enclosure, located on the east side of the site will be used. New gates will be installed. Plans for the gates shall be provided for approval by City Staff. Mechanical Screening. Any exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Noise. Sound levels generated from the site shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Valley Branch Watershed District. 3 Page 26 of 90 Signage. Freestanding Sign. The applicant has proposed a 40 foot pylon at the northwest comer of the site. The plans indicate that size of the sign is 150 square feet. The property is within the Destination Retail Highway Sign District which would allow one freestanding sign of 150 square feet and a maximum height of 30 feet. The Design Standards recommend the use of ground or monument signs rather than pylon signs. Most of the new signs constructed along the Highway 36 frontage in recent years have been monument signs. The Planning Commission should discuss this issue. Wall Signage. The following wall signage is proposed: Total No. Total Sin Square Feet of Signs Square Feet West Elevation 100 2 250 150 North Elevation 100 1 100 TOTAL 3 350 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 500 square feet. The applicant has proposed a total of three wall signs with a total of 350 square feet. The applicant will need to eliminate one of the signs on the west facade. With the two wall signs and the freestanding sign, the total proposed signage would be less than 500 square feet. Sign Illumination. The proposed plans do not indicate how the signs will be lit. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the variance for additional sign height is justified. Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. 4 Page 27 of 90 f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. h. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Due to the location of this business in that the building will have limited visibility from Highway 36, the applicants have indicated that allowing only a 30 foot freestanding would cause an undue hardship for their business and the ability of customers to locate the building. A number of other businesses in the Highway 36 corridor have asked for and received variances for signage. Granting a variance request will not create an inconvenience to neighboring properties and uses. The Planning Commission may want to consider the precedence of allowing a 40 foot sign. Most of the other sign variances have been related to number of signs and not sign height. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Facade Treatments The building will have a definite base, middle and top. The fagades feature differences in materials and colors to provide architectural interest. Ground Level Expression This is a one story building with a raised tower feature at front entrance facing Highway 36. The main entrance is well defined by the canopy and signage. 5 Page 28 of 90 Transparency The building uses glass on all of the facades except for the rear. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The north and west elevations, facing the Highway's 5 and 35 are all well over 20 percent transparent. Entries The building features a prominent entry with a raised parapet, canopy and signage. Roof Design The roofline is broken by parapets. The rooftop mechanical equipment will be completely screened. Building Materials and Colors The applicant has provided color elevations for review. The building will be a combination of block, EFIS and glass. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement The proposed building has a well-defined entrance. The building will have a front patio area for the cafe and significant landscaping. Parking Areas The parking area will be significantly improved with landscaped areas. Storm water Storm water will be addressed by the City Engineer. Pedestrian and Common Space Currently, there is a trail along 60th Street and Neil Avenue. The plans should include a pedestrian/bike route between the trail and the main entrance. Landscaping Building entrance plantings are required and provided on the plans. landscaping has been added on the north and west sides of the building. The overall landscaping is a very positive addition to the site. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. b Page 29 of 90 Utilites/Service/Loadin /Drive-Throu h/Stor a Area Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required. The applicant should identify a location. CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: Design Standards/Site Plan Review Variance for number of allowed signs. 1. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The plans shall be revised to indicate which fixtures are to remain and which are being replaced. A photometric plan is required for City staff review and approval. 4. The Planning Commission shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission review. 5. Plans shall be provided for the trash enclosure gates subject to review and approval of City staff. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 7 Page 30 of 90 8. The Planning Commission should consider the hardship and unique circumstances with the request for the pylon sign variance. 9. The Applicant shall remove one of the proposed wall signs on the west elevation or apply for a sign variance. 10. The Applicant shall provide pedestrian access through the site from the 60't' Street or Neil Avenue trail to the front entrance of the building. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist. 14. Building entrance plantings shall be required. The Applicant shall revise the landscape plan or provide seasonal planters at the main entrance to the building. 15. The site plan shall be subject to review and approval of the Fire Marshal. 16. The plan should be revised to include at least four disability stalls adjacent to the building. 17. A bike rack should be identified on the site plan and placed on site. 18. Sound levels generated from the site shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. 19. The Applicant shall discuss methods of construction and site design as it relates to sustainability with the Planning Commission pc: Julie Hultman 8 Page 31 of 90 EXHIBIT 1 13-133 Sporting Goods Store 12969 60th Street North Oak Park Heights, Minnesota Proiect Narrative: The developer of this project intends to remodel the abandoned 56,000 sf Ford dealership located at 12969 60th Street North into a proposed sporting goods store and gun range. The exterior footprint of the building will remain intact with most of the existing openings for overhead garage doors to be filled in. Warmer colors and a new entrance canopy will improve the building shell's appearance. Interior spaces would be modified to meet the needs of the tenant including retail space,two gun range areas, a small gym and lounge, relocated offices, storage/warehouse space, and a coffee shop with exterior patio. The site will also be improved by breaking up the existing large asphalt parking area with landscaping and the addition of a water feature at the building's entrance. Page 32 of 90 m s N Ai 0.F fn= U) � e zLL Ea O U © Z� 3a A AACtltlFCAAACA �>iA:eE¢a3��l�w a■i7r€€qqf$!�EE I ---- ------------------ '-' —'— — — — _ _ _ _ _ I I of _ _ - - -- p I i -----------i_ ___r4______________________ ___---------------------- --------- ------ - I • ------L s- --__-_-_------_��s+4� -____ _-_-_-_____'�____________-___-r Apt. -_-______-___--_-_ -- _ ------- --- ----- ' __J- a - ---------- ----- --- ----- ---------- }} ----------- ------------ --------------- 4------------- - ----- --------------- - - _ € r--------- --- ----- °- ------- ---- --- -----------I�--_--_-- ------- - ------ -- --- } "�+�m t tl A..,n.� .--li — --_----_-----------------i�Ef-•_-5.------------ - ----------------- ------------------------------------+--- --- - ----- -- ,---------------1-_-- -- ------- - -------------------------- ---- ---I'-- _ --_----------------°-_ -------- --------------------- -- --------------- - -------- - _____ _______________________ _________ -------------- a m fi- ----- ----------------- - ---- ----------------_-- ---------------- -- -------- ------- ____ ______ `_ _ ________________ _ —__ - � Q ---- ------------------------ ------------ --------- -----`-�- - ----------- - — ---- %g —4-4------------ ------------ -- - I Page 33 of 90 K7 i O W CC n ppis f IN � 7 p.V oil mw `4 © I p —.—.-----.—.------------- I I I I I I I I I I I 1 I i I �I 1 I I I I I i ''1I11 - - .----------- i ¢aac`aa`sa�ccicc I 9 - I 0000creod o � 1 I _ _ 1 I I I I I j j j I I I I I i I I I I I Page 34 of 90 m xS W ! , E a LLI CL _ , I zW - wZ J 3 O m VL Page 35 of 90 n z 5 w Y U ` o a m ; ID f m � m z S.y l0 � o n FL ID i C) 0 8z a a N Y 8 H z z i 0 O W h � U � f 6 U m a W m � � K ( _ ( Z � Z 0. 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'fin R` � �_}. ■ L ' t :M1 } � �� 1 y � III �� �, _ , J. _. - � '}� l•�. .» �L i I i a � d I 7 V � Y yJ ' I �� 4. S�I �� I EEE I 1 1 I _a � � J �,,' � + �. k .��� I `t �a: � �� 1 � ..} x r r' Y1�r �L� 7 'S f r� hMi • f f „ AIL m 4- r �1 - a /yF E LF _ Page 46 of 90 ^ L y z �K"� f f „7•- �rid = r; � � �y •f� ly I� 1 ,at.4M �'i�i�, •q. ii'�. my y. 1 �.y I '�a i t f ' ' f IL l . Julie Hultman EXHIBIT 14 From: K.D.Widin <kdwidin @comcast.net> Sent: Thursday, October 03, 2013 3:29 PM To: Eric Johnson; Mark Vierling (E-mail);Andrew Kegley; Betty Caruso;Julie Hultman;Scott Richards;Chris Long;Jennifer Pinski Subject: Landscape Plan Review 13-1313 Sporting Goods Store OPH Staff- I have reviewed the proposed landscape plan submitted for the 13-1313 Sporting Goods Store(plan dated 12/10/12)and have inspected the site. I have the following observations and comments: 1. Landscape Plan -the plan is attractive and will complement the site and building 2. Plant List- a.the list includes plant names,quantity,size and type of planting stock to be used. The size and type of stock meet zoning ordinance requirements for commercial landscape projects. b.the species listed are mostly acceptable being hardy, relatively insect and disease free and have relatively low maintenance requirements. 1.an exception would be the choice of"Crimson King" Norway maple(5). This tree does not do well long-term in our area due to its susceptibility to winter injury, Eutypella (fungal)canker, and decay. These trees also grow too large for the median areas they are being specified for. I recommend that these trees be replaced with Japanese tree lilacs(3) on the west side in the small medians and with thornless honeylocust(2) on the east side in the small end medians. c. What is the tree depicted in the small median near SW entrance north of"1C",shown with a planting of"Goldsturm" rudbeckia? The symbol for this tree is not labeled. d. Numbers of some plants in the plant list do not correspond with numbers shown on the plan: "Diablo" ninebark: 11 list 8 plan daylily : 55 list 79 plan "Goldsturm" Rudbeckia: 76 list 91 plan Please correct Plant List to reflect actual numbers of plants shown on plan 3. Planting Detail-the graphic showing how trees and shrubs are to be planted has not been included with the landscape plan- please submit 4. Does the developer plan to keep the existing shrubs and trees around the perimeter of the site? 5. 1 recommend planting an ornamental tree (crabapple or Jap.tree lilac) (2),one on either side of the north entrance from 60th St.. 1 Page 48 of 90 Please forward my comments to the developer. Please contact me if you have any questions regarding this review,site inspection or report. Kathy Widin Arborist City of Oak Park Heights z Page 49 of 90 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY BARRY SCHALKE, REPRESENTING MINNESOTA OUTDOOR SHOOTING SPORTS, FOR DESIGN STANDARDS/SITE PLAN REVIEW AND A SIGN VARIANCE, TO REPURPOSE THE BUILDING AND SITE AT 12969 60TH STREET NORTH TO A SPORTING GOODS STORE AND INDOOR GUN SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Barry Schalke, representing Minnesota Outdoor Shooting Sports, for Design Standards/Site Plan review and a Sign Variance, to repurpose the building and site at 12969 60"'Street North to a sporting goods store and indoor gun range, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 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 B-2 General Business District in which retail stores and commercial recreation such as the indoor firearms range is a permitted use; and 4. The sign variance is required to allow a 40 foot freestanding sign in the Destination Retail Highway Sign District; and 5. Design Guideline/Site Plan approval is required for the building remodel and site improvements; and 6. City staff prepared a planning report dated October 2, 2013 reviewing the request; and Page 50 of 90 7. Said report recommended approval of the Design Guideline/Site Plan review and the sign variance subject to the fulfillment of conditions; and S. The Planning Commission held a public hearing at their October 10, 2013 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Barry Schalke, representing Minnesota Outdoor Shooting Sports, for Design Standards/Site Plan review and a Sign Variance, to repurpose the building and site at 12969 6e Street North to a sporting goods store and indoor gun range, affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the variance for the freestanding sign height subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission and City Council that the variance criteria for the additional sign height is justified. 2. Due to the location of this business in that the building will have limited visibility from Highway 36, allowing only a 30 foot sign would cause an undue hardship for the business and the ability of the customers to locate the building. 3. The additional sign height will ensure visibility and identification of the business from both east and west bound traffic on Highway 36. The approvals are subject to the following conditions recommended by the Planning Commission: 1. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The plans shall be revised to indicate which fixtures are to remain and which are being replaced. A photometric plan is required for City staff review and approval. 2 Page 51 of 90 4. The Planning Commission was favorable to the building design and building materials. The applicant shall provide building material samples for City Council review. 5. Plans shall be provided for the trash enclosure gates subject to review and approval of City staff. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. S. The Planning Commission recommended approval of the request for the 40 foot pylon sign variance. 9. The Applicant shall remove one of the proposed wall signs on the west elevation or apply for a sign variance. 10. The Applicant shall provide pedestrian access through the site from the 60th Street or Neal Avenue trail to the front entrance of the building. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist. 14. The site plan shall be subject to review and approval of the Fire Marshal. 15. The plan should be revised to include at least four disability stalls adjacent to the building. 16. A bike rack should be identified on the site plan and placed on site. 17. Sound levels generated from the site shall be in compliance with Section 401.15.B.I I of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. Recommended by the PIanning Commission of the City of Oak Park Heights this l Ot' day of October, 2013. 3 Page 52 of 90 Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 53 of 90 ATTACHMENT A Site Plan & Design Guidelines Review Related to Repnrposing of Building & Site & Sign Variance Allowing a 40-Foot Pylon Sign At Minnesota Outdoor Shooting Sports Sporting Goods Store & Indoor Gun Range 12969 60"' St. N. Legally described as: Lot 1, Block 1, Jacob Addition Washington County GEO Code: 06-029-20-11-0013 Page 54 of 90 ATTACHMENT B Site Plan& Design Guidelines Review Related to Repurposing of Building& Site & Sign Variance Allowing a 40-Foot Pylon Sign At Minnesota Outdoor Shooting Sports Sporting Goods Store& Indoor Gun Range 12969 60" St. N. 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 Conference With City Staff Upon Application Submittal: September 4, 2013 Public Hearing: October 10, 2013 Required Approvals: C.U.P. City Council 4i5 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.4.0 .1 —401.4.C.2) Page 55 of 90 RESOLUTION NO. 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 BARRY SCHALKE, REPRESENTING MINNESOTA OUTDOOR SHOOTING SPORTS, FOR DESIGN STANDARDS/SITE PLAN REVIEW AND A SIGN VARIANCE, TO REPURPOSE THE BUILDING AND SITE AT 12969 60TH STREET NORTH TO A SPORTING GOODS STORE AND INDOOR GUN BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Barry Schalke, representing Minnesota Outdoor Shooting Sports, for Design Standards/Site Plan review and a Sign Variance, to repurpose the building and site at 12969 6& Street North to a sporting goods store and indoor gun range, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application 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 B-2 General Business District in which retail stores and commercial recreation such as the indoor firearms range is a permitted use; and 4. The sign variance is required to allow a 40 foot freestanding sign in the Destination Retail Highway Sign District; and 5. Design Guideline/Site Plan approval is required for the building remodel and site improvements; and 6. City staff prepared a planning report dated October 2, 2013 reviewing the request; and Page 56 of 90 7. Said report recommended approval of the Design Guideline/Site Plan review and the sign variance subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their October 10, 2013 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applications 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 from Barry Schalke, representing Minnesota Outdoor Shooting Sports, for Desir Standards/Site Plan review and a Sign Variance,to repurpose the building and site at 12969 60' Street North to a sporting goods store and indoor gun range, affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the variance for the freestanding sign height subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission and City Council that the variance criteria for the additional sign height is justified. 2. Due to the location of this business in that the building will have limited visibility from Highway 36, allowing only a 30 foot sign would cause an undue hardship for the business and the ability of the customers to locate the building. 3. The additional sign height will ensure visibility and identification of the business from both east and west bound traffic on Highway 36. Be and the same are hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Valley Branch Watershed District. 2. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The plans shall be revised to indicate which fixtures are to remain and which are being replaced. A photometric plan is required for City staff review and approval. 4. The City Council is favorable to the building design and building materials. 2 Page 57 of 90 5. Plans shall be provided for the trash enclosure gates subject to review and approval of City staff. 6. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The City Council approves the request for the 40 foot pylon sign variance. 9. The Applicant shall remove one of the proposed wall signs on the west elevation or apply for a sign variance. 10. The Applicant shall provide pedestrian access through the site from the 60t' Street or Neal Avenue trail to the front entrance of the building. 11. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 12. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 13. The landscape plan shall be subject to the review and approval of the City Arborist. 14. The site plan shall be subject to review and approval of the Fire Marshal. 15. The plan should be revised to include at least four disability stalls adjacent to the building. 16. A bike rack should be identified on the site plan and placed on site. 17. Sound levels generated from the site shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. All of the gun range activity is to be conducted indoors. There will be no range activity outside of the building. Approved by the City Council of the City of Oak Park Heights this 22"d day of October, 2013. 3 Page 58 of 90 Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 59 of 90 ATTACHMENT A M Site Plan & Design Guidelines Review Related to Repurposing of Building & Site & Sign Variance Allowing a 40-Foot Pylon Sign At Minnesota Outdoor Shooting Sports Sporting Goods Store & Indoor Gun Range 12969 Goth St. N. Legally described as: Lot 1, Block 1, Jacob Addition Washington County GEO Code: 06-029-20-11-0013 Page 60 of 90 ATTACHMENT B Site Plan& Design Guidelines Review Related to Repurposing of Building& Site & Sign Variance Allowing a 40-Foot Pylon Sign At Minnesota Outdoor Shooting Sports Sporting Goods Store & Indoor Gun Range 12969 60t' St.N. 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 Conference With City Staff Upon Application Submittal: September 4, 2013 Public Hearing: October 10, 2013 Required Approvals: C.U.P. City Council 415 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.4.0 .l —401.4.C.2) Page 61 of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 62 of 90 8 Oak Park Heights Request for Council Action Meeting Date October 22d, 2013 Time Required: 10 Minutes Agenda Item Title: Xcel Energy—Conditional Use Permit—Rail Spurs 1 Interim use hermit Office Trailers Agenda Placement New Busing Originating Department/ 4 e or E 'c ohnson Cfty Administrator Requester's Signature Action Requested /,Disdfussion. ssible Action 1 Background/Justification (PI ase dicate 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 Oct 2nd, 2013 2. Recommending Resolution from the Planning Commission—Unsigned 3. Proposed City Council Resolution Page 63 of 90 TPC3601 Thurston Avenue N, Suite i0o ENCLOSURE Anoka, MN 66303 Phone: 763.231.6840 Facsimile: 783.427.0620 TPOPPlanningCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 2, 2013 RE: Oak Park Heights — Xcel Energy/A.S. King Plant — Interim Use Permit Application for Temporary Office Trailers and Conditional Use Permit for Two Additional Rail Spurs. FILE NO: 236.02 — 13.07 BACKGROUND Thomas Zellmer, representing Xcel Energy, has made application for an Interim Use Permit to allow placement of temporary office trailers at the A.S. King Power Plant and a Conditional Use Permit for two additional rail spurs. 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 from January 1, 2014 to August 31, 2014. The two additional rail spurs will be permanent and are to increase the storage capacity for rail cars. 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 permanent structures. In that the request is for temporary placement of the trailers, that application is treated as an interim use, not a conditional use. The rail spurs are to be a permanent feature on the site and require a conditional use permit. Attached for reference: Exhibit 1: Project Narrative, September 9, 2013 Exhibit 2: A. S. King Site Plan Exhibit 3: Site Plan —Trailer Locations Exhibit 4: Picture of Proposed Trailer Exhibit 5: Trailer Floor Plans (Three pages) Exhibit 6: Plan for Rail Storage Yard Exhibit 7: Wetland Delineation — Rail Storage Yard Page 64 of 90 Exhibit 8: Picture of Rail Storage Yard ISSUES ANALYSIS Project Description. The description of the proposed need for the trailers and rail spurs is provided by Xcel in the project application as follows: Xcel Energy has provided an application to install two new rail spurs for storage of rail cars. The construction phase of the new St. Croix Bridge will adversely affect normal plant operations. Xcel Energy's long term rail contracts require acceptance of 112 rail cars per train. During bridge construction, 28 of these rail cars cannot be stored in the existing storage area. The application provides detail for the installation of two additional rail sidings for this displaced storage. After the St Croix Bridge is constructed, there will be long term benefits. The area under the bridge will be returned to Xcel Energy after construction, so more rail cars can be stored on the property. This results in lower fuel supply costs and also fewer trains delivering coal in the long-term. In addition, the applicant requests to utilize temporary administrative trailers. The trailers would be used for a temporary increase in administrative and engineering personnel while the plant is shut down for maintenance to the boiler. The timeframe for this request is January 1, 2014 thru August 31, 2014. The six trailers that were placed on site with an Interim Use permit and approved in December of 2012, were removed in July 2013 as per the conditions of approval. The nine proposed trailers will all be new to the site. 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 110 with another 250 during the plant maintenance. Parking calculations for the plant are as follows: 2 Page 65 of 90 Existing Office Space: 18,400 square feet x .9 = 16,560 / 200 = 83 + 3 = 86 parking spaces Temporary Office Space: 6,480 square feet x .9 = 5,832 / 200 = 29 + 3 = 32 parking spaces As per the Zoning Ordinance requirements, 118 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 360 people that will be employed at the plant during the maintenance. 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 nine trailers will not contain restroom facilities. The existing restroom facilities in adjacent buildings will be utilized. Grading and Drainage. There will be no grading or drainage issues with the proposal for the trailers. The trailers will be placed on existing gravel surfaces. The addition of the rail spurs shall be subject to review and approval of the City Engineer. Wetland delineation for the site has been provided. Tree Preservation. The City Arborist will be reviewing the site for removal of any significant trees. The tree removal and any required tree replacement shall be subject to review and approval of the City Arborist. Setbacks. The trailers and rail spurs 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. The interim use and conditional use approval by the City is subject to any further review or comments by the DNR. Design Guidelines. In that the trailer structures are temporary, they are not subject to Design Guideline Review. Conditional Use Permit — River Impact District. The Planning Commission shall consider the conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, as part of its review. 3 Page 66 of 90 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 impact the trailer structures and rail spurs 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. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the an Interim Use Permit to allow placement of temporary office trailers and a Conditional Use Permit for two additional rail spurs at the A.S. King Plant subject to the following conditions. 1. The trailers shall be removed no later than August 31, 2014 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 or construction of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 4. Placement of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 5. 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. 6. The tree removal and any required tree replacement shall be subject to review and approval of the City Arborist. 7. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR. 4 Page 67 of 90 EXHIBIT CUP Narrative City of Oak Park Heights 09/10/2013 Xcel Energy has provided an application to install two new rail spurs for storage of railcars. The construction phase of the new St. Croix Bridge will adversely effect normal plant operations. Xcel Energy's long-term rail contracts require acceptance of 112 rail cars per train. During bridge construction, 28 of these railcars cannot be stored in the existing storage area. The application provides detail for the installation of two additional rail sidings for this displaced storage. After the St. Croix Bridge is constructed,there will be long-term benefits. The area under the bridge will be returned to Xcel Energy after construction, so more railcars can be stored on the property. This results in lower fuel supply costs and also fewer trains delivering coal in the long-term. In addition, the applicant requests to utilize temporary administrative trailers. The trailers would be used for a temporary increase in administrative and engineering personnel while the plan is shut down for maintenance to the boiler. The timeframe for this request is January 1, 2014 thru August 31, 2014. Page 68 of 90 �o Ell no Do ' J ti713p iBC3lot, Ba�afl�a� MEE �r BAN, MEN ; , t 0 000 pop 000 , � po J � k i / 3 a u i . 1 i �lr_. �7 I tl7 r •Lg u ❑ a M y 1 � !• n i - �- i Page 70 of 90 EXHIBIT 4 VW I �I f l t, S I ` 9 EXHIBIT 5 ba us ' o in Q 4 C� or I u i I W II i � Q .. cn t I 1 I I I I a 1 1 �it + E I � f✓ � �� �1Y�t�q��lji 1 I R � U177u�E�~O� E Nhfig 6 N 71 n I �jj I � ~�Y r 14 I ! a Ka �� l�N ` ! E r 1 � ✓M E Y W y' i9m � 6 2 IIII y L � � I � r tr I[ a .. I . • • r C p .l It J it � kI �y1 1 .i. Page 72 of 90 SPACE BY 8211 Town Center Drive SM6024 • l Baltimore,Maryland 21238-5997 800,782.1500 SCOTSMAN i SECTION MODULAR � www.wlllscot.co m 56'-0' o t • T N s � Additional floor plans available. Floor plans and speGflcations may vary from those Shawn and are subject io in-stock avaiiability. DWfi 6Y: i SERIAL*: l REP: l CAD FILE: THE USE of THIS DRAWING FOR ANY MEANS OTNrRTMAT MRW l. l. l WRITTEN CONSENT Of AN AMWHOPMDD WLLUAMS ML]OR �— __—. SCALE: i DWG* —_ PATE REV* SCOTSMAN REwiESeNSArnrE. 1!b"mil' i A•1 i vl/01!10 i 0 COT x,ju wuw�x 5�ctmn,1n At fflg a P-ed. Page 73 of 90 �o a �"a LA g z=3 Y 0 Q W g A A Li W C�6 LL�0� E U Z s aZ OC C N w Z U ry N O � u a s N 41 C C O L W I O 2 � > Q E LO sD * o LO a—a66 r.? U C c N t� 9 ! iy I I y I m I U- �.q Q E °Q o . �''n^ �: ti LL�,a l O a y I aCi R 00 —_ I I ° N a Q Q a I fo . RZ Q N m � -- v i } m Z i0 w Q „6-.6 L ..6-.L L I .• U y �G a Q ..9-.£Z I a. N I O ! I j V sgl � " in ofim� Page 74 of 90 •o � I� t Y jY L. f Xw �4 WO in Z UQ Dori �j Rrm k. I. _ '�'•jjj �.Q Y R yl g�� N - LLLLLLi LLLLLL LLLLLL LLLLLL LLLLLLR �` 1. •} - � �'`. y i �`!� K.; •:.� l kr 7�• c ay 1`h'` y 4� 3 - Y _ LLL LL L, i1 �. __ Y✓ b 1 Kul Page 75 of 90 r }, w r J Aw if P •iF-1. j .N .YJ - � r i� 1. �•S.a •-r. ZOO Ato •, -..` fir. Wf�s •.(n .r - - ° 5��• r. � 'e• i.7�L `.,fig r ! 4 X .` OWN • a. r .�•� J` • }f" V. ti's .• -��� � t y'! `Te�.' /R ti� C'� � l _1'r •� k" 'lt. A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO RAIL SPURS AND AN INTERIM USE PERMIT TO ALLOW FOR THE PLACEMENT OF TEMPORARY ADMINISTRATIVE TRAILERS AT THE A.S. KING POWER PLANT AT 1103 KING PLANT ROAD SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Xcel Energy for a Conditional Use Permit to allow construction of two rail spurs and 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 makes the following findings of fact: 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 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, including the addition of rail spurs; and 4. The placement of administrative office trailers will require an Interim Use Permit. Approval of the use would be for a period ending on August 31, 2014, with the possibility of an extension by the City Council; and Page 78 of 90 5. There is adequate parking to accommodate the addition of approximately 250 people on site in two shifts; and 6. City staff prepared a planning report dated October 2, 2013 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit and Interim Use Permit subject to the fulfillment of conditions; and S. The Planning Commission held a public hearing at their October 10, 2013 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Xcel Energy for a Conditional Use Permit to allow construction of two rail spurs and an Interim Use Permit to allow for the placement of administrative 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 recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The nine proposed trailers shall be removed no later than August 31, 2014 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 or construction of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 4. Placement of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 5. 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. 6. The tree removal and any required tree replacement shall be subject to review and approval of the City Arborist. 2 Page 79 of 90 7. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR and Army Corps of Engineers. Recommended by the Planning Commission of the City of Oak Park Heights this 1&day of October, 2013 Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator Page 80 of 90 ATTACHMENT A Conditional Use Permit(CUP) Allowing Construction of Two Rail Spurs & Interim Use Permit(IUP) Allowing Placement of Temporary Administrative Trailers At the Xcel Energy A.S. King Plant- 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 20FT WIDE SEWER EASE EXCEPT:THAT PART OF LOT 5 OF SECTION 34 IN TOWNSHIP 30 NORTH OF RANGE 20 WEST OF THE FOURTH MERIDIAN LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE 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 5 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 THE 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 THEREOF LYING BETWEEN NORTH LINE SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH OF NORTH LINE SAID GOVERNMENT LOT 5 SUBJECT TO EASEMENT ANDYART OF GOVERNMENT LOT 5 SECTION 34 TOWNSH Washington County GEO Code: 34-03-020-43-0005 Page 81 of 90 ATTACHMENT B Conditional Use Permit(CUP) Allowing Construction of Two Rail Spurs & Interim Use Permit(IUP) Allowing Placement of Temporary Administrative Trailers At the Xcel Energy A.S. King Plant- 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 Public Hearing: October 10, 2013 Required Approvals: C.U.P. City Council 415 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) Page 82 of 90 RESOLUTION NO. 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 A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO RAIL SPURS AND AN INTERIM USE PERMIT TO ALLOW FOR THE PLACEMENT OF TEMPORARY ADMINISTRATIVE 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 a Conditional Use Permit to allow construction of two rail spurs and 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 application 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 B and 3. 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, including the addition of rail spurs; and Page 83 of 90 4. The placement of administrative office trailers will require an Interim Use Permit. Approval of the use would be for a period ending on August 31, 2014, with the possibility of an extension by the City Council; and 5. There is adequate parking to accommodate the addition of approximately 250 people on site in two shifts; and 6. City staff prepared a planning report dated October 2, 2013 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit and Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their October 10, 2013 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 a Conditional Use Permit to allow construction of two rail spurs and an Interim Use Permit to allow for the placement of administrative 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 nine proposed trailers shall be removed no later than August 31, 2014 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 or construction of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 4. Placement of the rail spurs shall be subject to review and approval of the City Engineer and applicable watershed district. 2 Page 84 of 90 5. 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. 6. The tree removal and any required tree replacement shall be subject to review and approval of the City Arborist. 7. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR and Army Corps of Engineers. Approved by the City Council of the City of Oak Park Heights this 22nd day of October, 2013. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 85 of 90 ATTACHMENT A Conditional Use Permit(CUP) Allowing Construction of Two Rail Spurs & Interim Use Permit(IUP) Allowing Placement of Temporary Administrative Trailers At the Xcel Energy A.S. King Plant- 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 20FT WIDE SEWER EASE EXCEPT:THAT PART OF LOT 5 OF SECTION 34 IN TOWNSHIP 30 NORTH OF RANGE 20 WEST OF THE FOURTH MERIDIAN LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE 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 5 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 THE NORTH LINE OF GOVERNMENT LOT 5 136FEET TO A POINT OF BEG AND INCLUDINGYART 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 THEREOF LYING BETWEEN NORTH LINE SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH OF 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 Page 86 of 90 ATTACHMENT B Conditional Use Permit (CUP) Allowing Construction of Two Rail Spurs & Interim Use Permit(IUP) Allowing Placement of Temporary Administrative Trailers At the Xcel Energy A.S. King Plant- 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 Public Hearing: October 10, 2013 Required Approvals: C.U.P. City Council 415 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) Page 87 of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 88 of 90 9 Oak Park Heights Request for Council Action Meeting Date October 22nd, 2013 Time Required: 1 Minute Agenda Item Title: City Council—Teambuilding/Planning Agenda Placement New Business Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): 1 would like the Council to consider holding a 2014 Teambuilding Session in January. Set a possible date? Page 89 of 90 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 90 of 90