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HomeMy WebLinkAbout2013-10-22 CC Meeting Packet ilk 8 Oak Park Heights Request for Council Action Meeting Date October 22nd,2013 Time Required: 10 Minutes Agenda Item Title: Xcel Energy—Conditional Use Permit—Rail Spurs/Interim use permit- Office Trailers Agenda Placement New Busine Originating Departmen e or E 'c ohnson,City Administrator Requester's Signature I Action Requested i sion. ' •ssible Action Background/Justification(P1 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 100 ENCLOSURE Anoka, MN 66303 Phone:763.231.6840 Facsimile:763.427.0620 TPC®Plannin6Co.com 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 1 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. 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' ' • ""rivrAr- - 41#11' .7.., ' . r .Pt,.- ,. -- - , . .,-, ' I ' '- , ' it :..f.,40 : ` stirg:4 ' ;7,1*-4,,, ' ,!4',._. . n, -'..,.4,. .'' .,,c,"e 4•`. 2- . . • - I:16A„*.;4',-".".• •' '*to'' " 4 n:4 . * / . st. 441 Air~ ■ t. '` ! ttn■.'" ',.../4,,..0",,,, k ,...1* , '',.; - . , .44 --t.•4,,,e, 14- . 4 ., .41. , ..-..- ...,...."....1/4.4:y",`,.,-‘7•.' •:4,'',.',.0*'.-!..4 A■ °4,..,'',...,-L-,')..''';,,4‘:1,•,.,''0'.,i4„ 7 A‘ : , , . - v ” ,.' ' ' ... • . • smi-,l_.i.l.l p 4u fr.,t:-..:69t k 0f 90 7. 1 • • EXHIBIT 8 '1 r? r • • r I • is f i *� i s � • #' ¢w° •} * 5 R n 44-r * — S M j r* "% �" V A;f 1 r \ r ,,t ' ..4 . .. . , . p " P f~ n � „ . , ,,,,,... t . ...,...,............. . ., ,„. t,......... ... .,. ....t....,.1 t,. 9 • 4, 4.11 i 1,14` y 1 , 0..} R .;Y Rn _ . ^ E t; .; s w f ' ' - ''s,c • ,,,,,,.N,140,‘ ' .; - - •,- •- °* 3 t t� e ' §t P t 'rs` >e•; mac #4 w - `h 4* f > _'# 'tp` .'!t + ' . A -• ''A =F '' e`�� . ` °4'•4'4 y . i >j 'V'� `k s .•-. . 53— ,-t { r . j ,* +�� ' * l ,4 f.4 ..1i f" _', I Page 77 of 90 f..,• 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 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 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 10th day of October,2013 Jennifer Bye,Chair ATTEST: Eric A.Johnson,City Administrator 3 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 AND:PART 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 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure,addition or alteration,or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) 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 heating 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 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 III 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 Z ■ 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 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 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building, structure,addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 87 of 90 i