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2015-04-28 WC Recorded Interim Use Permit #4023550
Receipt:#286412 USE $46.00 4023550 Return to: 1/11111 ECKBERGLAMMERS liii! BRIGGS WOLFF&VIERL 11111 I I I liii! I 1809 1111 809 NORTHWESTERN AVE Certified Filed and/or recorded on: #110 STILLWATER MN 55082 4/28/2015 10:49 AM 4023550 Office of the County Recorder Washington County,Minnesota Jennifer Wagenius,County Recorder CITY OF OAK PARK HEIGHTS INTERIM USE PERMIT 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 for Temporary Construction Trailer Use & Placement Xcel Energy—1103 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 Par 0 i_ this 1.5Ih.day of April, 2015. Eric o son Cit A. inistrator • • • CITY OF OAK PARK HEIGHTS INTERIM USE PERMIT FOR TEMPORARY CONTRUCTION TRAILER USE AND PLACEMENT FOR XCEL ENERGY NWAC File No.236.02-15.01 Amended Permit Revised : February 24,2015 Legal Description: See"Exhibit A"Legal description attached hereto Owner: Xcel Energy Address: 414 Nicollet Mall Minneapolis,Minnesota Site Address: 1103 King Plant Road Oak Park Heights,MN 55082 Present Zoning District: I-Industrial Permitted uses set forth in Ordinance 401 Section 401.32 C I. INTERIM USE PERMIT FOR: Original IUP-Edward Kraemer& Sons,Inc: The City of Oak Park Heights has received a request from Northern States Power/Xcel Energy for an extension of the Interim Use Permit to allow the placement of temporary office trailers at the A.S. King Power Plant at 1103 King Plant being the A.S. King Power Plant. Approval of the use would be for a period ending on June 30,2015,with the possibility of an extension by the City Council. 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. II. The applicant has submitted a site drawing and supporting documentation to the Community Development Department attached as part of February 3, 2015 planning report. III. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights A. The application submitted by Xcel Energy for the Amended Conditional Use Permit and Interim Use Permit granted to Edward Kraemer and Sons, Inc. on May 28, 2013 by the City Council of the City of Oak Park Heights be extended to Xcel Energy Company to allow for the use of temporary office trailers upon 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 necessnry. 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. IV. This Interim Use Permit is issued in replacement of any other Interim Use Permits previously issued by the City to this permit holder for storage and office trailer use. V. Modification of existing CUP's. Issuance of this Interim Use Permit (CUP) neither modifies amends nor rescinds any prior issued CUP's. IN WITNESS WHEREOF,the parties have set forth their hands and seals. • CITY OF OAK PARK HEIGHTS Date: /// //30/5 By /r �T'•. cComber,Mayor /Date: q lOS By / Eric Johnson City Administrator XCEL ENERGY Date: 4/ia io' B ,� 1 / r.ca iy d as-4-. / i a..0►-{-s a I -To cc • r Exhibit 1 A.S. King Plant legal description That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range 20 West; and also, that part of the NE '! of Section 3, Township 29 North, Range 20 West, and 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 SE k of the NE k of Section 3, Township 29 North, Range 20 West; thence West along the South line of said SE k of the NE k 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, 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 3521 . 33 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 5 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 5 for a distance of 440.23 feet to its intersection with the southwesterly right-of-way of the 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 degree 28 minutes 21 seconds, a radius of 5779. 65 feet, a chord bearing 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 Recorders office (found brass cap in concrete) ; thence North 01 degree 12 minutes 06 seconds West along the east line of said last described deed a distance of 0 . 50 feet 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 Recorders 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 RLS #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 and 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 2, Township 29 North, Range 20 West; thence Westerly along the south line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of 1583.27 feet to a monument (found a 4 inch well casing) at the Southwest corner of said Government Lot 3 in Section 2; thence Westerly along the South line of Government Lot 2 in Section 2 on a bearing of South 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 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 53C on Minnesota Department of Transportation Right of Way Plat numbered 82-75 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota SITE PLAN AND PROJECT ATTACHMENTS 1610.0$46 2 TPC3801 Thurston Avenue N,Suite 100 Anoka, MN 66303 Phone:783.231.5840 Facsimile: 763.427.0520 TPC@PIanningCo.00m PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 3, 2015 RE: Oak Park Heights—Xcel Energy/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. 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. 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 Project Description. The description of the need for the trailers is provided by Xcel in the project application as follows: • • I, 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. 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 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 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 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 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 (Le., parking, loading, noise, etc.). 3 . ' I, a 1. . 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. 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 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 EXHIBIT 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. 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. CHIB1T 2 At ,t F,f€[ ; eStS� Fe :€�`e �t� ;�gS. €�€ i;t t 5I tg PO B �x !I A 10 !I i` 125..1`,ig. !€., ill! ,'PIA!!.a3! 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