HomeMy WebLinkAbout5A X-CEL CUP & Variances
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
SA
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT AND VARIANCE TO ALLOW FOR THE
EXPANSION OF A UTILITY SUBSTATION IN THE 1-1
ZONING DISTRICT (CASE FILE #EP 07-133 AND #07-
137 )
X-CEL ENERGY
DANETTE MOORE, PLANNING COORDINATOR
-LYES _NO-N/A
SEPTEMBER 24, 2007
Xcel Energy has filed an application for a Conditional Use Permit (CUP) and Variance to
allow for the expansion of an existing utility substation known as the Credit River
Substation on the property located at 5930 Credit River Road. This site is zoned I-I
(General Industrial).
BACKGROUND:
The Credit River Substation was built in 1974. Since its inception, there has been
acknowledgment of the fact that the Substation would need to expand in the future as
energy needs increase in the City of Prior Lake and the surrounding areas. As the
demands for electricity has grown beyond the capacity of the current infrastructure, Xcel
Energy has considered numerous scenarios of expansion to limit their impact on an
adjacent wetland. The proposed expansion will involve adding two support structures, a
transformer, and a control house (plan attached that highlights expansion structures).
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The site is approximately 2.3 acres.
Topoeraphv: The current elevations range from 957' MSL at the highest point (southern
property boundary) to 950'MSL at the lowest point (northern portion of site).
Veeetation: The site contains numerous trees that wil11argely remain un-impacted to
allow for continued screening. The applicant will attempt to prune trees and avoid tree
removal. However, in any case, a tree inventory shall be submitted prior to any building
1:\07 files\07 cup's\excel -credit river substation\pc staff report.doc
www.cityofpriorlake.com
Phone 952.447:9800 / Fax 952.447.4245
permit issuance to locate any significant trees and assure that screening requirements will
continue to be met.
Wetlands: The site has one wetland located predominantly within the northern portion
of the site. The proposed expansion area will not impact the wetland. However, it is
anticipated that the expansion will encroach within the wetland buffer area. The Scott
WMO (Scott Watershed Management Organization) has evaluated the proposed wetland
buffer encroachments and believes the proposed plan is appropriate and will not impact
the overall character of the area or the intent of the buffer requirements.
Access: The site is accessed from Credit River Road. With the expansion, the applicant
will be required to apply a bituminous surface to the currently gravel access driveway.
Structures: Currently, the site has a transformer and two main steel support structures.
Fencine: Currently, the substation structures are enclosed by a seven foot (7') chain link
fence that has three (3) strands of barbed wire (collectively bringing the fence to eight feet
(8') in height).
2030 Comprehensive Plan Desienation: This property IS designated for Planned
Industrial on the 2030 Comprehensive Plan Land Use Map.
Zonine: The site area is zoned 1-1 (General Industrial).
REVIEW PROCESS:
The proposed Conditional Use Permit should be reviewed in accordance with the criteria
found in Section 11 02.1503 and Section 11 08 of the City Code. Section 11 02.1503
includes the specific conditions for the proposed use. Section 1108 includes the general
CUP criteria.
ANALYSIS:
Siens: No monument signage is being proposed as a part of the expansion request. Any
signage that will be utilized on the site will be within the interior of the fenced area and
will be for the specific purpose of conveying safety warnings.
Landscapine/Screenine: In addition to the numerous existing trees along the western,
northern, and eastern property boundaries, the applicant is proposing to add 23 additional
landscaping trees on the southern portion of the property. The applicant will meet the
landscaping/screening requirements established in the Zoning Code.
Liehtine: The applicant is not proposing to have ongoing illumination at the site. Only
in cases of emergencies during nighttime outages will the site require any lighting. In
these limited cases, 11 new fixtures will be utilized (plan attached). Prior to building
1:\07 files\07 cup's\excel -credit river substation\pc staffreport.doc
2
permit issuance, a photometric plan must be submitted to verify that the proposed lights
will not exceed a 1.0 foot-candle at the property line.
Structures: The proposed expansion will involve two additional steel support structures,
a transformer, and a "control house".
The support structures will be 40 feet in height with a 35 foot extension to support two
(2) lightening rods (photo exhibit attached). The total height for the structures in the two
locations of the lighting rods will be 75 feet (from the ground). The Zoning Code allows
for a maximum height of 67.5 feet for this use (45 ft in the 1-1 Zoning District and an
additional 50% height increase for this type of use). The applicant is requesting a 7.5 foot
height variance as a part of this application (reviewed below).
The control house is proposed to be 720 square feet. The applicant has submitted
building elevations (attached) that will need to be revised to meet the architectural
requirements established in Section 1107.2200 of the Zoning Code. The fencing will be
expanded to collectively enclose the new substation structures and control house.
Other ReQuirements: Section 11 02.1503(2) of the Zoning Ordinance lists the specific
conditions for utility substations. These are:
a. No structure shall be located within 25 feet of any property line.
b. No structure shall be located within 200 feet of any "R" Use District.
c. A bufferyard, as defined in subsection 1107.2005, shall be installed along all public
right-of-ways.
The proposed plan will meet or exceed the requirements detailed above.
CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
A goal of the 2030 Comprehensive Plan is to develop infrastructure for the efficient
provision of services.
(2) The use will not be detrimental to the health, safety, morals and general welfare
of the community as a whole.
This proposal will benefit the health, safety and general welfare of the community
and surrounding areas by assuring adequate energy in the future.
1:\07 files\07 cup's\excel -credit river substation\pc staffreport.doc
3
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and
the Use District in which the Conditional Use is located.
With the granting of the CUP, the use will be consistent with the provisions of the
Zoning Ordinance.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
The expanded use will not adversely affect the above mentioned services.
(S) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
Provided all conditions of approval are adhered to, the use will not have an adverse
impact on the nearby properties.
(6) The use is subject to the design and other requirements of site and landscape
plans prepared by or under the direction of a professional landscape architect,
or civil engineer registered in the State of Minnesota, approved by the City
Council and incorporated as part of the conditions imposed on the use by the
City Council.
The design, materials, and landscaping will meet the provisions of the Zoning
Ordinance.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the CUP approved by the City Council.
These plans have been prepared by a civil engineer.
(8) The use is subject to such other additional conditions which the City Council
may find necessary to protect the general welfare, public safety and
neighborhood character. Such additional conditions may be imposed in those
situations where the other dimensional standards, performance standards,
conditions or requirements in this Ordinance are insufficient to achieve the
objectives contained in subsection 1108.202. In these circumstances, the City
Council may impose restrictions and conditions on the CUP which are more
stringent than those set forth in the Ordinance and which are consistent with
the general conditions above. The additional conditions shall be set forth in the
CUP approved by the City Council.
The Planning Commission may add any conditions deemed appropriate.
1:\07 files\07 cup's\excel -credit river substation\pc staff report. doc
4
VARIANCE ANALYSIS:
The applicant is requesting a 7.5 foot variance from the maximum height allowed in the
Industrial Zoning District. The Zoning Code allows for a maximum height of67.5 feet
(45 ft for structures in the 1-1 Zoning District and an additional 50% height increase for
this exempted use). The total heights for the lighting rods are proposed to be 75 feet from
the ground.
Section 1108.400 states that the Board of Adjustment may grant a variance from the strict
application of the provisions of the Zoning Ordinance, provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographical or water conditions or other extraordinary
and exceptional conditions of such lot, the strict application of the terms of this
Ordinance would result in peculiar and practical difficulties or exceptional or
undue hardship upon the owner of such lot in developing or using such lot in a
manner customary and legally permissible within the Use District in which said
lot is located.
This variance request is not related to lot configuration and will not negatively impact
this provision.
2. Conditions applying to the structure or land in question are peculiar to the
property or immediately adjoining property, and do not apply, generally, to
other land or structures in the Use District in which the land is located.
This use is unique in nature and not commonly located.
3. The granting of the proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing site is
necessary to meet the needs of the utility company, and thus the City at large.
4. The granting of the proposed variance will not impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, or endanger the public safety.
Granting of the proposed variance will provide safety for the substation structure and
allow for continued electrical power for the City and surrounding areas.
1:\07 files\07 cup's\excel-credit river substation\pc staffreport.doc
5
S. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair established
property values in the surrounding area, or in any other way impair the health,
safety, and comfort of the area.
The granting of the variance will not impact the character and development of the
area. The industrial site will benefit from increased landscaping as a part of the
project, as well as safety.
6. The granting of the proposed variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
Staff believes that the proposed variance will not be contrary to the intent of the
Ordinance and Comprehensive Plan
7. The granting of the variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty .
Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to meet public utility needs.
8. The hardship results from the application of the provisions of this Ordinance to
the affected property and does not result from actions of the owners of the
property.
The hardship results from the safety needs of this necessary utility.
9. Increased development or construction costs or economic hardship alone shall
not be grounds for granting a variance.
Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request, but rather for safety.
CONCLUSION
Staff recommends approval of the conditional use permit and variance, subject to the
following conditions:
1. The applicant shall address all comments detailed in the September 17, 2007
Engineering Department memo prepared by Larry Poppler, Assistant City Engineer.
2. A tree inventory shall be conducted on the property prior to any building permit
Issuance.
3. A photometric plan shall be submitted prior to any building permit issuance.
1:\07 files\07 cup's\excel -credit river substation\pc staffreport.doc
6
4. The applicant shall submit elevations detailing materials that meet or exceed the
architectural requirements detailed in Section 1107.2200 of the Code.
5. The applicant shall receive a building permit prior to construction on the site.
AL TERNATIVES:
1. Recommend approval of the CUP and varIance resolutions, subject to the above
conditions.
2. Table this item to a date specific, and provide direction on the issues that have been
discussed.
3. Recommend denial of the requests.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to approve the CUP resolution and the Variance resolution subject to
the listed conditions.
1:\07 files\07 cup's\excel -credit river substation\pc staff report.doc
7
I XCEL ENERGY SUBSTATION
LOCATION MAP
N
+
(l Xcel Energy.
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
Telephone: 612-330-6549
8/17 /07
RE: Credit River Substation Design Explanation
The Credit River Substation (CTR) was built in 1974. The initial construction consisted of a
69 kV transmission line entering the substation site from the south and terminating on a steel
box structure. Connections were made from the 69 kV box structure to a 69-12.5 kV power
transformer, which in turn had connections to a 12.5 kV box structure. From the 12.5 kV box
structure, two 12.5 kV distribution feeders exit the substation to provide service to local
customers. On the original layout drawings, the "ultimate plan" for CTR was laid out as well.
The additional items included in the ultimate plan consisted of a mirror image of the initial
construction, (i.e. a second 69kV box structure, 69-12.5 kV power transformer, and 12.5 kV box
structure) located on the west side of the substation.
Xcel Energy Distribution Planning has recendy identified the CTR power transformer as
becoming overloaded. By 2008, it is forecasted to be 122.6% overloaded. This overload puts
the substation at a high risk of failures, outages, and damages to equipment. Adding a second
power transformer and 12.5 kV feeder will eliminate the overload conditions and gready reduce
the risk at this site.
The initial plan for this expansion was to follow the original "ultimate plan" and place the
new power transformer and box structures to the west of the existing substation structures. A
Wedand Delineation study was done on 7/27/2007 and showed that approximately 10 feet of
the existing substation crosses into the 25 ft wedand buffer zone and the planned expansion
covered approximately 1200 ft2 of the wedand. In order to avoid disturbing the wedand, the
design was changed. Now, the new transformer and structures are planned for the East side of
the existing structures.
These changes result in no part of the substation expansion disturbing the wedand area. The
edge of the graded area will end one foot from the delineation line. Area necessary on the west
side of the substation is arranged so that is does not cross into the wedand buffer zone. The
north and east sides of the substation will still cross into the buffer zone, but will not cross the
delineation line.
Another design option was looked at which included moving the new structures to the
southern end of the site. It was determined, however, that that type of design was not possible.
Both the 69 kV and 12.5 kV existing box structures require connections to the new 69 kVand
12.5 kV box structures. Those connections are not possible when the new structures are moved
to the south because of required electrical clearances and maintenance access ways.
The proposed design does cross into the wedand buffer zone, but it does not disturb the
wedand itself. The grading plan will include erosion control practices, instructions on planting
native plants and specific instructions for construction crews to not cross into the wedand at any
time during construction.
~~~
Michael Jensen
Substation Engineering
II Xcel Energy'.
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414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
August 24,2007
Danette Moore
Planning Coordinator
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: Credit River Substation
Conditional Use Permit Application
And Variance Application
Dear Danette,
Due to increased electrical demand in the Prior Lake area, Xcel Energy is
proposing to upgrade and expand its Credit River Substation to be in service by
spring, 2008. The new expanded substation will meet the load growth demand
for the area and allow for additional future growth expansion. The existing
substation is located in the Southeast corner of the city and was originally
designed for this expansion on a 2.32 acre parcel owned by Xcel Energy. The
original plan showed this future expansion, however the expansion plans have
now been revised for wetland avoidance. Enclosed with this letter, please find a
completed Conditional Use Permit Application along with project details for your
review.
The expansion site needs to be graded by November 2007 before frost in order
to have the new transformer in place by Spring 2008 to meet the summer load
peak. We have reviewed city ordinances and have verified that all requirements
will be met except those listed on request for variance attached. Therefore,
please review the application and attachments in preparation for the City of Prior
Lake Planning Commission meeting on September 24, 2007.
The substation use is consistent with and supportive of the goals and policies of
the comprehensive plan as well as the intent of the Zoning Ordinance and the
Use District in which this conditional use is located. The substation is an
essential service facility required to provide electricity in order to promote and
maintain the health, safety and general welfare of the community. The use of
property does not have undue adverse impacts on the use and enjoyment of
properties in close proximity or on government facilities, services, or
improvements; either existing or proposed.
II Xcel Energy'"
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
Danette Moore
August 24, 2007
Page two
Xcel Energy makes this application in compliance with the City's statutory zoning
authority, which allows for review of this facility so that it meets the applicable
zoning requirements. However, by making this application Xcel Energy does not
waive or subordinate its utility authority to develop and construct the proposed
substation project in order to meet its obligation to provide electrical service.
In addition to the Conditional Use Permit application to expand the substation,
please find attached an application for variance to the provisions of the zoning
ordinance. An explanation for the variance is detailed below.
We are requesting a variance for height limitations on our Credit River Substation
as the design and safety requirements for lightning rods exceed what the
regulations state in the general provisions set forth in Section 1101.508. The
substation design calls for the structure to be 40 feet in height with 35 foot
extensions to support 2 lightning rods. This puts the top of the lightning rods at
75 feet measured from ground level. Per the provisions mentioned above, height
limitations are set forth as a 50% increase of the dimensional standards of 45
feet stated in Section 1102.1505. A 50% increase would equate to 67.5 feet,
leaving a difference of 7.5 feet.
These lightning rods are a crucial part of the safety and operational aspects of
the substation. The lighting rods provide a zone of protection from lightning
strikes to the structure. The design and height of the lightning rods are based
upon the size of the structure below and in this case cannot be lowered without
losing protection from lightning strikes. Lighting strikes to the substation can
cause obvious and severe damage as well as power outages, thus
inconveniencing electricity users. Therefore, we are requesting a variance to
exceed height restrictions for the safety of the substation as well as the general
health, safety and comfort of the residents in the surrounding areas that are
served with electricity by Xcel Energy. A photograph of the existing substation
structure and lightning rod are attached as an example. In this example, the top
of the lightning rod is 53 feet from ground level.
II Xcel Energy"
414 Nicollet Mall
Minneapolis, Minnesota 55401-1993
Danette Moore
August 24, 2007
Page three
Please review our applications for conditional use permit and variances and all
attachments. If you have questions or need more information, please contact me.
We look forward to working with the City of Prior Lake on this substation upgrade
and expansion.
Sin:%
Chris Rogers
Siting and Land Rights Agent
Xcel Energy
Ch ristoper.c. rogers@xcelenergy.com
612-330-6078
612-573-1861 fax
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To:
Subject:
Rogers, Christopher C [Christopher.C.Rogers@xcelenergy.com]
Tuesday, September 11, 2007 12:55 PM
Danette Moore
Lighting plan details
m
_ocPlanLighting.PDF
(371 KB)
Danette,
Here are more details for the lighting. The 2nd page is zoomed in to better see the
location of lights. When you receive this, call me so we can verify all the locations and
you can highlight them on your plan. With the exception of the 2 globe lights on the
existing 12.5 kV structure, all flood lights are symbolized with triangles with arrows
pointing in the direction of the light. The light beams in some cases point to elements
that are higher up on the structures.
The lights and their directions are called out. All directional lights are 120 W flood
lights that point at specific equipment in the sub. The light does not reach much beyond
the equipment it is pointed to. The majority of all lights are directed towards the inside
of the substation.
Thanks,
Chris Rogers
Xcel Energy
Siting and Land Rights Agent
ph: 612-330-6078
fax 612-573-1861
<<LocPlanLighting.PDF>>
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ITEM NO.
C275
C276
C277
C278
OTY DESCRIPTION
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BILL OF MATERIAL FOR FLOOD LAMPS
'ITEM NO. OTY DESCRIPTION
* LAMPHOLDER.ALUM.
* FLOODLAMP,120 WATT
1 4'ROUND ALUM.~CT.BOX
1 4'ROUND ALUM. COVER
* VARIES
LAMPHOLDER
120 WATT FLOOD
SWITCH OPERATING ROD
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DRAIN HOLE - APPROXIMATELY
Ys' DIAMETER DRILLED IN BOTTOM
OF LAMPHOLDER WHEN MOUNTED
SO LIGHT IS DIRECTED UP
CONDUIT
C27i'l 4' ROUND ALUM. COVER
FIELD NOTE:
- LIGHT AIMING QUADRANT OPTIONAL FOR EACH LAMP. EQUIPMENT OR AREA TO BE LIGHTED IS DESIGNATED ON LAYOUT
DRAWING.
- BOX COVER CAN BE ROTATED AT 90 DEGREE INCREMENTS
LEGEND:
~INDICATES ITEM NUMBER SHOWN ABOVE AND ON PHYSICAL MATERIAL LIST. <ORDERED BY DESIGNER)
THIS MAP IDOCUMENT IS A TOOL TO ASSIST EMPLOYEES IN THE PERFORMANCE OF THEIR JOBS. G SIGNIFICANT
YOUR PERSONAL SAFETY IS PROVIDED FOR BY USING SAFETY PRACTICES, PROCEDURES AND ~ NUM8ER
EQUIPMENT AS DESCRIBED IN THE SAFETY TRAINING PROGRAMS, MANUALS AND SPARS.
ENGINEERING
DEPARTMENT
MINNEAPOLIS. MN
SUBSTATION PHYSICAL DETAIL 2-2
SUBSTATION CONTROL AND LIGHTING DETAIL
FLOODLAMP LIGHTING FIXTURE MOUNTING
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NL-200902-2-2
Credit River Substation Fencing Details
Existing Credit River Substation showing a similar fence to be used with the new substation.
Seven foot high galvanized chain link fence with one foot of three strand barbed wire on top.
Example of extended columns and shield shown on existing Credit River Substation
Q ~ f~~\
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AUG 2 4 2007 l~)
====-~--=----====-...
Danette Moore
From:
Sent:
To:
Subject:
Rogers, Christopher C [Christopher.C.Rogers@xcelenergy.com]
Tuesday, September 18, 2007 3:43 PM
Danette Moore
Credit River Substation
Danette,
Per our conversation regarding Xcel Energy's proposed Credit River Substation expansion in
Prior Lake, we intend to construct a control house that meets the architectural
requirements of the code being 60% Class I materials. Plans, building elevations and a
materials list will be submitted to the City prior to obtaining a building permit. We are
making this request in order to continue ahead on obtaining a Conditional Use Permit and
understand that meeting the architectural requirements may be listed as a condition for
granting the permit.
Sincerely,
Chris Rogers
Xcel Energy
Siting and Land Rights Agent
ph: 612-330-6078
fax 612-573-1861
1
Memorandum
DATE: September 19,2007
TO: Danette Moore, Planning Coordinator
FROM: Larry Pop pier, Assistant City Engineer
cc:
RE: Credit River Substation
The Engineering Department has reviewed the site plan for the above referenced
project and we have the following comments:
GradinQ Plan
1) Slopes on the east and west side are proposed at 1 : 1 slopes. These slopes
must be revised to be no greater than 3: 1. Use retaining walls or revise slopes.
2) Show seed mix design on plans
3) Show bar scale for the project.
4) Show significant trees on the grading plan.
5) Use City datum for the project.
6) Developer should pave the gravel parking area and entrance. The typical
section should reflect the pavement.
7) It appears that the gravel area is doubling in size. Is the additional gravel area
necessary?
C:\Documents and Settings\dmoore.PRIORLAKECH\Local Settings\Temporary Internet Files\OLK2F\Xcel
substation 91907 .DOC
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07.04PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A UTILITY SUBSTATION IN THE 1.1 ZONING
DISTRICT
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on September 24, 2007, to consider an
application from Xcel Energy for a Conditional Use Permit (CUP) to allow for the expansion of a utility
substation in the 1-1 Zoning District and legally described as follows:
The East 250 feet of the following described property:
That part of the East % of the SE % of Section 1, Township 114, Range 22, Described as follows:
Commencing at the SE corner of said section 1; thence on an assumed bearing of N 01021 '00" W along the
line between the SE corner and the NE corner of said section 1, a distance of 1251.72 feet; thence at right
angles S 88039' W, a distance of 1875.73 feet; thence S 86011'30" W, a distance of 84.66 feet to the east
line of the west 30.0 feet of the East % of the SE % of said Section 1; thence N 86011 '30" E, a distance of
514.66 feet; thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway
#12; thence S 63037'56" E along the centerline of said Highway #12 a distance of 73.66 feet to the ACTUAL
POINT OF BEGINNING of the property to be described; thence bearing North a distance of 412.0 feet;
thence bearing East a distance of 944.0 ft; thence bearing South a distance of 870 ft, more or less, to the
centerline of County State Aid Highway #12; thence NW'ly along the centerline of said Highway #12 a
distance of 1053, more or less to the point of beginning. Subject to County State Aid Highway #12 over the
SW'ly 33 feet thereof. Said East 250 shall be measured along the North line of the aforedescribed property.
Except, the North 380 feet;
and
WHEREAS, notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior
Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were
afforded the opportunity to present their views and objections related to the proposed CUP; and
WHEREAS, the Planning Commission find the CUP in harmony with both existing and proposed development in the area
surrounding the project; and
WHEREAS, the Planning Commission find the proposed CUP is compatible with the stated purposes and intent of the
Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets
the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA:
1. It hereby adopts the following findings:
a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
A goal of the 2030 Comprehensive Plan is to develop infrastructure for the efficient provision of services.
b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
1:\07 files\07 cup's\excel -credit river substation\cup resolution.dQc f . I k
WWW.C1tyopnorae.com
Page I
Phone 952.447.9800 / Fax 952.447.4245
This proposal will benefit the health, safety and general welfare of the community and surrounding areas by assuring
adequate energy in the future.
c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
With the granting of the CUP, the use will be consistent with the provisions of the Zoning Ordinance.
d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are
either existing or proposed.
The expanded use will not adversely affect the above mentioned services.
e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Provided all conditions of approval are adhered to, the use will not have an adverse impact on the nearby properties.
f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota,
approved by the City Council and incorporated as part of the conditions imposed on the use by the City
Council.
The design, materials, and landscaping will meet the provisions of the Zoning Ordinance.
g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and
cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions
set forth in the CUP approved by the City Council.
These plans have been prepared by a civil engineer.
h) The use is subject to such other additional conditions which the City Council may find necessary to protect
the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance standards, conditions or requirements
in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent
than those set forth in the Ordinance and which are consistent with the general conditions above. The
additional conditions shall be set forth in the CUP approved by the City Council.
The Planning Commission may add any conditions deemed appropriate.
2. The Conditional Use Permit is hereby approved subject to the following conditions:
a. The applicant shall address all comments detailed in the September 17,2007 Engineering Department memo prepared
by Larry Poppler, Assistant City Engineer.
b. A tree inventory shall be conducted on the property prior to any building permit issuance.
c. A photometric plan shall be submitted prior to any building permit issuance.
d. The applicant shall submit elevations detailing materials that meet or exceed the architectural requirements detailed in
Section 1107.2200 of the Code.
e. The applicant shall receive a building permit prior to construction on the site.
1:\07 files\07 cup's\excel -credit river substation\cup resolution.doc
Page 2
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit to allow the expansion of a
utility substation in the 1-1 Zoning District. The contents of Planning Case File #07-133 is hereby entered into and made a part
of the public record and the record of the decision for this case.
Passed and adopted this 24th day of September, 2007.
Vaughn Lemke, Commission Chair
ATTEST:
Jane Kansier, Planning Director
1:\07 files\07 cup's\excel -credit river substation\cup resolution. doc
Page 3
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -05PC
A RESOLUTION APPROVING A 7.5 FOOT HEIGHT VARIANCE FROM THE
MAXIMUM ALLOWED HEIGHT OF 67.5 FEET TO ALLOW FOR LIGHTENING RODS
ON A STRUCTURE WITHIN THE 1-1 ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Xcel Energy, is requesting a height variance from the zoning ordinance for the
construction lightening rods on a substation structure in the 1-1 Zoning District at the
following location, to wit;
The East 250 feet of the following described property:
That part of the East ~ of the SE ~ of Section 1, Township 114, Range 22, Described
as follows: Commencing at the SE corner of said section 1; thence on an assumed
bearing of N 01021 '00" W along the line between the SE corner and the NE corner of
said section 1, a distance of 1251.72 feet; thence at right angles S 88039' W, a distance
of 1875.73 feet; thence S 86011 '30" W, a distance of 84.66 feet to the east line of the
west 30.0 feet of the East ~ of the SE ~ of said Section 1; thence N 86011 '30" E, a
distance of 514.66 feet; thence bearing south a distance of 704.31 feet to the centerline
of County State Aid Highway #12; thence S 63037'56" E along the centerline of said
Highway #12 a distance of 73.66 feet to the ACTUAL POINT OF BEGINNING of the
property to be described; thence bearing North a distance of 412.0 feet; thence bearing
East a distance of 944.0 ft; thence bearing South a distance of 870 ft, more or less, to
the centerline eof County State Aid Highway #12; thence NW'ly along the centerline of
said Highway #12 a distance of 1053, more or less to the point of beginning. Subject to
County State Aid Highway #12 over the SW'ly 33 feet thereof. Said East 250 shall be
measured along the North line of the aforedescribed property. Except, The North 380
feet.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #07-137 and held a hearing thereon on September 24,2007.
3. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
4. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to meet public utility needs.
1:\07 files\07 cup's\excel -credit river substation\variance resolution.doc
www.cityofpriorlake.com
1
Phone 952.447.9800 / Fax 952.447.4245
5. Staff does not believe that development or construction costs or an economic
hardship are the basis of this request, but rather for safety.
6. The granting of the variance will not impact the character and development of the
area. The industrial site will benefit from increased landscaping as a part of the
project, as well as safety.
7. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing site is
necessary to meet the needs of the utility company, and thus the City at large.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variance to allow for the construction of two lightening rods on a substation
structure:
A 7.5 foot height variance from the maximum allowed height to allow two (2) - 75
foot high lightening rods.
The following conditions shall be met:
1. A building permit will be required prior to construction.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
3. This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknowledged City Assent Form, shall be submitted to
the Planning Department prior to the issuance of a building permit.
Adopted by the Board of Adjustment on this 24th day of September, 2007.
Vaughn Lemke, Commission Chair
ATTEST:
Jane Kansier, Planning Director
1:\07 files\07 cup's\excel -credit river substation\variance resolution.doc
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