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HomeMy WebLinkAbout2013-11-22 WC Recorded Document #3972493 ecei R t:#244080 P 3972493 USE $48.00 Return to: E_SIMPI.IFILE II II III II I I III III II 4844 North 300 West Suite 202 Certified Filed and/or recorded on: Provo UT 84804 11/22/2013 11:49 AM 3972493 Office of the County Recorder Washington County,Minnesota Jennifer Wagenius,County Recorder 1 • NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I,the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Interim Use Permit Xcel Energy—A.S. King Plant Rail Expansion &Administrative Trailers 1104 King Plant Road with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak ' eigft is 8th day of November, 2013. ' 1 r , Eric Jo s,,n < City A d nistrator ,7 t�T CITY OF OAK PARK HEIGHTS INTERIM USE PERMIT FOR XCEL ENERGY NWAC File No.236.02-13.07 Amended Permit Issued : October 22,2013 Legal Description: See"Exhibit A"Legal description attached hereto Owner: Xcel Energy Address: 414 Nicollet Mall Minneapolis,Minnesota Applicant: Same as above. Site Address: 1103 King Plant Road Oak Park Heights,MN 55082 Present Zoning District: I-Industrial Permitted uses set forth in Ordinance 401 Section 401,05 C-Interim Use and CUP requirements: Code Section 308.01 et seq;Sec 401.03 A.7 River Impact District. I. INTERIM USE PERMIT FOR: A. The application submitted by Xcel Energy for an Interim 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. 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. II. The applicant has submitted a site drawing and supporting documentation to the Community Development Department attached as part of the planning report. III. This Interim Use Permit is issued in addition to and not in replacement of any other permits previously issued by the City to this permit holder. IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: /,- By Itai 4%, ChiL'tY r A ary Co r,Mayor tl7 // Date: Eric Johnson City Administrator * ! C r Xcel Energy Date: 4 By �'"'s> GREGORY P.RING ay s Notary Public 3s'.:..� State of Minnesota ' My Commission Expires ""1� + January 91, 2017 OP joielvic. A , le ' P di r i-4—I 3 • . • Exhibit 1 A.S. King Plant legal description • 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: That part of Government Lots 2 and 3 n Sect on 2, Township 29 North, Range 20 West; and also, that part of the NE 1/4 Section 3, Township 29 North, Range 20 West, add also, that part of Government Lot 5 in Section 34, Township 30 North, Range 20, West, Washington County; Minnesota. All to be described as follows: (NOTE: BASIS OF BEARINGS for this description is the South line of Government Lot 2, Section 2, Township 29 North, Range 20 West being North 88 degrees 48 minutes, 16 seconds East) Beginning at an iron monument (found 4 inch well casing) at the Southeast corner of the SE1/4 of the NE1/4 of Section 3, Township 29 North, Range 20 West; thence West along the South line of Said SE1/4 of the NE1/4 of Section 3 on a bearing of South 88 degrees 47 minutes, 45 seconds West a distance of 333.03 feet to the Northeasterly right-of-way line of the Chicago, St. Paul and Minneapolis and Omaha Railroad; thence North 38 degrees 03 minutes 13 seconds West along the Northeasterly right-of-way line of said railroad a distance of 3523.22 feet (to an aluminum cap monument stamped JLM RLS #15835); thence continuing along said railroad right-of-way on a tangential curve, concave to the Northeast having a central angle of 6 degrees 51 minutes 52 seconds, a radius of 3057.16 feet, a chord bearing of North 34 degrees 37 minutes 17 seconds, West with a chord distance of 366.05 feet to the South line of the North 700.00 feet of Government Lot 5 in Section 34, Township 30 North, Range 20 West (set an aluminum cap stamped JLM RLS #15835); thence North 88 degrees 47 minutes 54 seconds East along said South line of the North 700.00 feet of said Government Lot 5for a distance of 440.23 feet to its intersection with the southwesterly right-of-way of former Chicago, Milwaukee, St. Paul and Pacific Railway Company, thence along said railway right-of-way southeasterly on a concave curve to the Northeast, having a central angle of 01 degrees 28 minutes 21 seconds, a radius of 5770.65 feet, a chord bearding of South 30 degrees 27 minutes 20 seconds East with a chord distance of 148.53 feet to an aluminum cap stamped JLM RLS #15835, thence North 58 degrees 48 minutes, 30 seconds East radial to said curve a distance of 105.60 feet to the southeast corner of the property described in Book 303 of Deeds, page 772 in the Washington County Recorder's office (found brass cap in concrete); thence North 01 degrees 12 minutes 06 seconds West along the east line of said last described deed a distance of 0.50 fee to an aluminum cap stamped JLM RLS #15835 said point also being the southwesterly corner of a tract of land recorded as Document No. 629805 at the Washington County Recorder's office; thence North 58 degrees 48 minutes 30 seconds East along the Southerly line of said Document No. 629805 a distance of 157.02 feet to an aluminum cap stamped JLM RLS #15835; thence North 01 degrees 12 minutes 06 seconds West along the East line of said Document No. 629805 a distance of 597.81 feet to an aluminum cap stamped JLM RLD #15835, said point also being 100.00 feet South of the North line of Government Lot 5, in Section 34, Township 30 North, Range 20 West; thence on a line 100.00 feet South of an parallel to said North line of Government Lot 5 having a bearing of North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St. Croix; thence Southeasterly along said shoreline of Lake St. Croix to its intersection with the South line of Government Lot 3 in Section 02, Township 29 North, Range 20 West; thence Westerly along the southerly line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of 1683.27 fee, to a monument(found a 4 inch well casing) at the Southwest corner of said Government Lot 3, in Section 02; thence Westerly along the South line of Government Lot 2 in Section 02 on a bearing of 88 degrees 48 minutes 16 seconds West a distance of 1320.00 feet to the point of beginning. EXCEPT: That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1, both in Section 3, Township 29 North, Range 20 West and Government Lot 5 of Section 34, Township 30 North, Range 20 West, as shown as Parcel 63B on Minnesota Department of Transportation Right-of-Way Plat numbered 82-78 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXCEPT: That part of the South half of the Northeast Quarter of Section 3,Township 29 North; Range 20 West, shown as Parcel 63C on Minnesota Department of Transportation Right-of-Way Plat numbered 82-79 as the same is on file and of record in the office of the Registrar of Titles in an for Washington County, Minnesota. Washington County GEO Code: 34-03-020-43-0005 • 4 P 4 EXHIBIT 2 SITE PLAN AND PROJECT ATTACHMENTS AND PLANNERS REPORT a 3 c 3801 Thurston Avenue N,Suite 100 ENCLOSURE 2 • Tpc • Anoka, MN 66303 Phone:783.231.6840 Facsimile: 783.427.0620 TPC@Planningco.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 • I f t 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 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 a 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (Le., parking, loading, noise, etc.). Due to the location of the 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 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. 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