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HomeMy WebLinkAbout2015-02-24 CC Packet Enclosure i ., , T f. Oak Park Heights Request for Council Action Meeting Date February 24th,2015 Time Required: 5 Minutes Agenda Item Title: Xcel Energy—Interim Use Permit—Temp. Office Trailers at A.S.King Plant. Agenda Placement New Business 7 Originating Department/Reg - t•r /,i Johnso dministrator v Eire Requester's Signature / / Action Requested P ease - - below. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards: 1. Planners Report Dated Feb 3rd,2015 2. Planning Commission Recommendation—Unsigned. 3. Proposed City Council Resolution. Page 29 of 60 TAnoka.3801 Thu MN rston 66303 Avenue N.Suite 100 Phone:763.231.6840 Facsimile:783.427.0620 TPC@PlanningCo.00m PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 3, 2015 RE: Oak Park Heights—Xcel Energy I A.S. King Plant— Interim Use Permit Application for Temporary Office Trailers FILE NO: 236.02—15.01 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. 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. The trailers are to be placed on site from March to June 2015. 1 The property is zoned I, Industrial District in which power plants and accessory structures area 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. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Site Plan—Trailer Locations Exhibit 3: Trailer Floor Plan Exhibit 4: Picture of Trailer ISSUES ANALYSIS I Project Description. The description of the need for the trailers is provided by Xcel in the project application as follows: 1 Page 30 of 60 Xcel Energy is requesting a permit for the use of temporary administrative trailers for use during the annual maintenance outage. The trailers will be used for a temporary increase in administrative and engineering personnel when the plant is shut down for maintenance. A quantity of six to nine trailers is proposed. Each trailer is approximately 60 feet long and 12 feet wide. Assuming nine trailers, the maximum temporary trailer space is 6,480 square feet. The permanent plant workforce is 110 employees with an additional 160 contract workers during the annual outage. This will be a smaller workforce compared to outages preformed in 2013 and 2014. Existing plant bathroom facilities and portable toilets will be used during the outage. The additional contract workers will use temporary gravel parking spaces. The outage begins March 21, 2015 and ends in early May. The trailers will be removed by June 30, 2015. Six trailers were placed on site with an Interim Use permit approved in December of 2012. The trailers were removed in July 2013 as per the conditions of approval. An interim use permit was granted in October 2013 to allow placement of temporary office trailers and a Conditional Use Permit was granted for the permanent instillation of two rail spurs. Again, the trailers were removed in conformance with the conditions of approval. 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. Parldng. 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 160 contract employees during the plant maintenance. Parking calculations for the plant are as follows: Existing Office Space: 18,400 square feet x .9= 16,560/200=83 +3 =86 parking spaces Temporary Office Space: 2 Page 31 of 60 • 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 270 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 recyding 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 and portable toilets 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. Tree Preservation. There will be no trees removed for placement of the trailers. Setbacks. The trailers will be compliant with all lot line and shore land 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. 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.). 3 Page 32 of 60 ' I Due to the location of the King Plant in an industrial area, and the minimal impact the trailer structures 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 160 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 at the A.S. King Plant subject to the following conditions: 1. The trailers shall be removed no later than June 30, 2015 unless an extension is granted by the City Council. 2. My freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 3. My changes to the grade or drainage associated with the trailer placement shall be subject to review and approval of the City Engineer and applicable watershed district if necessary. 4. The City Engineer shall comment on the traffic resulting from the increased personnel at the plant. Any traffic control measures required by the City Engineer will be implemented by Xcel Energy. 5. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR. Pc: Julie Hultman 4 Page 33 of 60 • EXHIBIT 1 Xcel Energy is requesting a permit for the use of temporary administrative trailers for use during the annual maintenance outage. The trailers will be used for a temporary increase in administrative and engineering personnel while the plant is shut down for maintenance. A quantity of six to nine trailers is proposed. Each trailer is approx.60'long x 12'wide. Assuming nine trailers,the maximum temporary trailer space is 6,480 square feet. The permanent plant workforce is 110 employees with an additional 160 contract workers during the annual outage. This will be a smaller workforce compared to outages performed in 2013 and 2014. Existing plant bathroom facilities and portable toilets will be used during the outage. 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L St, ,„.., , __--------.------- ------ — - ' . ....;.............,........***"'-t ...,...........,..,. ,..............-„,,,,,,,, 4f... .....,-,....-,-„,,, -.........,„ -- . ii. . ., , - ,.-......... - 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 AN INTERIM USE PERMIT TO ALLOW FOR THE PLACEMENT OF TEMPORARY OFFICE 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 an Interim Use Permit to allow for the placement of up to nine 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 and the plant to expand; and 4. The placement of the temporary office trailers will require an Interim Use Permit. Approval of the use would be for a period ending on June 30,2015,with the possibility of an extension by the City Council;and 5. There is adequate parking to accommodate the addition of approximately 160 people on site;and Page 38 of 60 6. City staff prepared a planning report dated February 3, 2015 reviewing the request; and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their February 19, 2015 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 an Interim Use Permit to allow for the placement of up to nine temporary office trailers at the A.S.King Power Plant at 1103 King Plant Road and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. There shall be no more than nine temporary trailers placed on site at one time. 2. The trailers shall be removed no later than June 30, 2015 unless an extension is granted by the City Council. 3. Any freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff 4. Any changes to the grade or drainage associated with the trailer placement shall be subject to review and approval of the City Engineer and applicable watershed district if necessary. 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. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR. Recommended by the Planning Commission of the City of Oak Park Heights this 19th day of February,2015. 2 Page 39 of 60 Jim Kremer,Chair ATTEST: Eric A.Johnson,City Administrator 3 Page 40 of 60 ATTACHMENT A Interim Use Permit Allowing Temporary Administrative Trailers For Increased Workforce At 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: 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 THE TRACT TO BE DESCRIBED THENCE SOUTH ON SAID LINE DRAWN AT RIGHT ANGLES TO THE NORTH LINE OF GOVERNMENT LOT 5 A DISTANCE OF 6763 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 5 136 FEET 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 OF SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH OF NORTH LINE OF SAID GOVERNMENT LOT 5 SUBJECT TO ASEMENT AND:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSHIP 30 Washington County Parcel Number(PID): 34-03-020-43-0005 Page 41 of 60 ATTACHMENT B Interim Use Permit Allowing Temporary Administrative Trailers For Increased Workforce At 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: February 19,2015 Required Approvals: CUP—Interim Use Permit 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 42 of 60 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 AN INTERIM USE PERMIT TO ALLOW FOR THE PLACEMENT OF TEMPORARY OFFICE TRAILERS AT THE A.S. KING POWER PLANT AT 1103 KING PLANT ROAD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Xcel Energy for an Interim Use Permit to allow for the placement of up to nine 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 the application 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 and the plant to expand; and 4. The placement of the temporary office trailers will require an Interim Use Permit. Approval of the use would be for a period ending on June 30,2015,with the possibility of an extension by the City Council;and 5. There is adequate parking to accommodate the addition of approximately 160 people on site;and Page 43 of 60 6. City staff prepared a planning report dated February 3,2015 reviewing the request;and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their February 19, 2015 meeting,took comments from the applicants and public,closed the public hearing,and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Xcel Energy for an Interim Use Permit to allow for the placement of up to nine temporary office trailers at the A.S. King Power Plant at 1103 King Plant Road and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. There shall be no more than nine temporary trailers placed on site at one time. 2. The trailers shall be removed no later than June 30, 2015 unless an extension is granted by the City Council. 3. Any freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff 4. Any changes to the grade or drainage associated with the trailer placement shall be subject to review and approval of the City Engineer and applicable watershed district if necessary. 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. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR. Approved by the City Council of the City of Oak Park Heights this 24th day of February, 2015. 2 Page 44 of 60 II Mary McComber,Mayor ATTEST: Eric A.Johnson,City Administrator 3 Page 45 of 60 ATTACHMENT A Interim Use Permit Allowing Temporary Administrative Trailers For Increased Workforce At 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: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 THE 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 5 136 FEET 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 OF SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH OF NORTH LINE OF SAID GOVERNMENT LOT 5 SUBJECT TO ASEMENT AND:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSHIP 30 Washington County Parcel Number(PID): 34-03-020-43-0005 Page 46 of 60 II ATTACHMENT B Interim Use Permit Allowing Temporary Administrative Trailers For Increased Workforce At 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: February 19,2015 Required Approvals: CUP—Interim Use Permit 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 47 of 60 THIS PAGE IS INTENTIONALLY LEFT BLANK )41e. Page 48 of 60