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5.2. BASR 09-22-2020 Request for Action Cir•ci Elk - River= To Item Number Board of Adjustments 5.2 Agenda Section Meeting Date Prepared by Public Hearings September 22, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Elk River Municipal Utilities— 1643 Main St. Chris Leeseber , Senior Planner NW, Case No.V 20-14 Reviewed by Impervious Surface Coverage of 65% (allowed 25%) Action Requested Approve,by motion,the 65%impervious surfacing variance for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. L) CR 33 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. z 5. The variance will not alter the essential character of the locality. RR Background/Discussion Hwy 10 This application is part of the Elk River Municipal Utilities (ERMU) - CR 12 building expansion project. The project will consist of a Zone Change (ZC 20-03), a Conditional Use Permit (CU 20-19),Preliminary and Final Plat (P 20-13 &P 20-14), a Variance (V 20-14), and an Easement Vacation (EV 20-05). The subject site is at the southeast corner of the intersection of Main St. and Tipton Ave. y �y ,o 6y ERMU is requesting a variance of the amount of allowed impervious surfacing within the Shoreland Management District to construct their proposed project. Figure i - Applicable Regulation (The applicant's responses are italicized with staff's notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance,and The Elk River Vision P O N E R E o s Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWRE service, and community engagement that encourages and inspires prosperity. Updated.August 2020 The variance to allow an increased impervious surface is in harmony with the general intent of the ordinance. The city code does not have a different regulation for impervious surface of a commercial, industrial or public use within the shoreland overlay and siVyrestnas all sites to 25% impervious coverage. The site exists today with 43% impervious surface and we are incorporating additional stormwater management methods on the site to account for the additional impervious surface proposed. Wl'e believe this meets the intent of the ordinance to protect Elk River from additional stormwater and pollution impacts. While the applicant is asking for 65% of impervious lot coverage, they are implementing stormwater management methods resulting in no additional discharge from the site than currently exists. 2. Is consistent with the City of Elk River Comprehensive Plan. The variances are consistent with the City of Elk River Comprehensive Plan because they allow ERMU to expand within the existing site. ERMU provides all mater service to Elk River, which is a necessity for the community. ERMU has also been implementing additional measures to conserve water where possible and to reduce environmental concerns, which will be aided by the expansion. The subject area has an underlying land use of Mississippi Connections,which is consistent with the R1-c zoning district and permits Governmental Facilities. The use will be consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; ire are proposing to continue the existing use of the property as a government facility which is a permitted conditional use for the R-7c honing district. The proposed variances allow ERMU to expand from the existing structures and make needed improvements to the site to allow smooth operations and continuedgrowth. It is reasonable for a company to expand their operations and to implement stormwater management methods to mitigate any adverse effects of additional impervious surfacing. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The variance requests are due to the existing buildings and site layout and the code restrictions that have been put in place since the property was initially developed. This site is unique in that it is restricted by shoreland overlay standards that are catered towards residential lotsyou typically find near a lake. The combination of these circumstances creates a unique property. The allowable hardcover on this site creates significant constraints. The existing structure is already exceeding hardcover limitations and due to adjacent wetlands and a stormwater pond, there are no alternative options to achieve the desired goal for expansion.Additionally, critical infrastructure to the operation of ERMU is located at this site and could not be relocated. 5. The variance,if granted,will not alter the essential character of the locality. The variances, ifgranted, will not change the essential character of the locality. The ERMU site has existed in this location for many years and become a part of the locality. These variances will allow the site to be developed around the existing buildings and to remain with the same character that exists today. Most of the impervious surfacing (yard area) is screened by building,vegetation, and grade changes. The essential character will not be altered. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by October 2,2020, this item will go to the October 19, 2020, City Council meeting. Attachments ■ Location Map ■ Site Plan ■ Applicant's Narrative Narrative Rezoning, Conditional Use Permit, Preliminary Plat, Final Plat, ROW Vacation and Variance August 31, 2020 PREPARED FOR Elk River Municipal Utilities P.O. Box 430 Elk River, MN 55330 PREPARED BY Landform Professional Services, LLC 105 5th Ave S, Suite 513 Minneapolis, MN 55401 Elk River Municipal Utilities Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC TABLE OF CONTENTS Introduction .................................................................................................................................................. 1 Rezoning ........................................................................................................................................................ 1 Conditional Use Permit ................................................................................................................................. 2 Preliminary Plat and Final Plat ...................................................................................................................... 4 Vacation ........................................................................................................................................................ 4 Variance ........................................................................................................................................................ 5 Summary ....................................................................................................................................................... 7 Contact Information ...................................................................................................................................... 7 Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 1 Introduction On behalf of Elk River Municipal Utilities (ERMU), Landform is pleased to submit this application for rezoning, conditional use permit, preliminary plat, final plat, ROW vacation and variances to allow construction of a new maintenance facility and associated site improvements at the southeast quadrant of Main Street and Main Street in Elk River. The site includes several parcels that will be consolidated to create a new 8.47-acre site. The existing homes will be removed, but the existing power plant and utility building will remain as part of the new maintenance complex. We are excited about the improvements proposed for this site to better serve the residents and businesses in Elk River. Rezoning Description of Request We are requesting a rezoning of the following parcels from the R-2a Two Family Residential zoning district to the R-1c Single Family Residential zoning district. • 75-411-0120 • 75-411-0230 • 75-411-0210 • 75-411-0240 What is the purpose of the Zone Change? There are currently two zoning districts present in the parcels that will be combined to create the single large parcel for ERMU. The purpose of the rezoning is to have a consistent zoning district for the entire ERMU site. We are requesting the rezoning to R-1c because of the consistency with the surrounding zone districts. What has changed to warrant the Zone Change? The change that is occurring to warrant the zoning change is that the existing homes with the proposed zoning change have been purchased by ERMU and will be demolished to make room for the new maintenance facility. The proposed work includes combining the existing lots into a single larger parcel and now is the appropriate time to rezone the existing properties to have a consistent zoning for the entire parcel after combination. How is the request consistent with the Elk River Comprehensive Plan? The request is consistent with the Elk River Comprehensive Plan because it meets the goals set out for the Mississippi Connections land use guidance for the property. The Mississippi Connections area is encouraged to maintain the public facilities within the guided area and to encourage redevelopment and continued improvement in the facilities. How compatible is it with surrounding properties? Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 2 The zoning change is compatible with the surrounding districts. The change to an R-1c zoning district will make the site have the same zoning as the surrounding area. What are the benefits to the City? The City benefits from the zoning change as it is needed to make necessary improvements to the ERMU site for continued service to the residents and businesses in the Elk River community. Conditional Use Permit Description of Request We are requesting a conditional use permit to allow a government facility in the R-1c zoning district. A government facility is a permitted conditional use in the R-1c zoning district. Site Improvements A new 59,518 sq. ft. building will be constructed on the northwest corner of the site that will have space for office and vehicle storage. The building exterior will be constructed using precast concrete panels, metal wall panels and face brick. The current code requires one parking space per 300 sq. ft. of building space. With the existing buildings and new building there will be a total of 72,724 sq. ft. of building area on the site. This would require 243 parking stalls to be provided on the site. A variance request from this requirement is being requested to allow the site to provide 45 parking stalls. Further detail regarding the variance request is included below. A single monument sign is being proposed to identify the site. The sign location has yet to be determined but a sign permit will be applied for prior to installation and will comply with setback, size and height requirements. The new building being constructed on the site will operate during the same hours of operation as the current facilities from 8 a.m. to 4:30 p.m. ERMU currently employs 30 people at this location and the new building will provide space for identified future positions to be filled. An additional 75 trees will be added to the site to partially screen the parking and building from the adjacent roadways. In addition, the vehicle operations are to the rear of the site screened by the building. Standards for Issuance We have reviewed the request in accordance with City ordinance standards in Section 30-654 and find that the ordinance standards have been met. Specifically: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 3 The conditional use to allow a government facility will not affect the properties located in the immediate vicinity or the nearby neighborhood. The ERMU facility has been located on the site for many years and the use is only being updated and expanded to serve the community. 2. Will be consistent with the comprehensive plan. The proposed use is consistent with the comprehensive plan which encourages investment and improvement in businesses to aid in job growth. ERMU is a government facility that provides a necessary service to the residents of Elk River and is consistent with the comprehensive plan which encourages existing public facilities to expand as needed to serve the community. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The expanded development of the ERMU site will not impede adjacent properties from developing or improving their properties. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The improvements to the ERMU facility will not adversely impact the public facilities and service including streets, police, fire, utilities, parks, schools or traffic. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The proposed government facility use will not cause excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations that would impact other properties. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed improvements to the ERMU site include keeping the existing power plant and maintaining the area adjacent to Elk River. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will comply with all the requirements of the city code with the exception of the variances associated with this application as identified below. Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 4 Preliminary Plat and Final Plat Description of Request We are requesting a preliminary and final plat to combine the following parcels into a single lot for ERMU: • 75-411-0110 (1705 Main Street) • 75-411-0130 (No Address) • 75-411-0120 (1643 Main Street) • 75-411-0230 (No Address) • 75-411-0210 (1639 Main Street) • 75-411-0240 (1627 Main Street) • 75-411-0220 (No Address) • 75-411-0250 (1437 Main Street) The preliminary and final plat will combine the eight existing lots into a single lot to allow for the new building and associated site improvements to be constructed to serve ERMU. Vacation Description of Request We are requesting vacation of 4th (Depot) Street, which is an unimproved public right-of-way that extends northeast from Main Street north of Lot 6, Block 1 Auditor’s Addition to the Village of Elk River to Main Street on the north and east of Lot 8, Block 2, Auditor’s Addition to the Village of Elk River. The right-of-way is not adjacent to public waters. In order to maintain access to the property at 1433 Main Street NW, we are not requesting vacation for the triangular portion lying east of the east line of parcel 75-411-0130 (extended) as shown on the attached graphics. What is the purpose of the Vacation? The purpose of the vacation is to allow redevelopment of the site as the Elk River Municipal Utilities maintenance facility. The existing power plant buildings will remain and the two homes on the north portion of the site will be demolished. How is the request consistent with the City of Elk River Comprehensive Plan? The request would allow development of a new Elk River Municipal Utilities maintenance facility, which will help provide reliable service to Elk River residents is consistent with Comprehensive Plan. Specifically: 1. It is consistent with the vision statement themes to provide “well maintained and reliable infrastructure” and “As an Energy City, Elk River seeks to promote sustainable and energy efficient forms of development.” Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 5 2. The Transportation Chapter does not anticipate construction of a new street in this location. Therefore, vacation of the street would not be inconsistent with the plan. 3. The Utilities Chapter of the plan notes “Elk River Municipal Utilities provides electric and water services to Elk River and surrounding areas and is responsible for the construction, operation and maintenance of these systems.” Vacation of the right-of-way allows them to expand the maintenance facilities to better serve the community. 4. Our proposal would be consistent with the Utilities Chapter implementation goal to “Develop community utility facilities to the same aesthetic, environmental and development standards required for private property.” What has changed to warrant the vacation? The street was platted but never constructed and consolidation of several lots to create a developable parcel for the new Elk River Municipal Utilities maintenance facility requires the vacation. Vacation of the unimproved right-of-way will allow for development of this necessary public facility. How compatible is it with surrounding properties? The new maintenance site would be bound by the river on the south, Main Street on the west and north and residential property to the east. Vacation of the right-of-way would allow redevelopment of the property and the north portion of the of the right-of-way will remain to provide access to the adjacent property (parcel 75-133-4211). What are the benefits to the City? The vacation allows full use of the site for the Elk River Municipal Utilities maintenance facility. If this unimproved right-of-way were to remain it would render the site unusable for the intended purpose. Variance Description of Request We are requesting the following variances from city code in order to develop the site: 1. Variance to allow an impervious surface coverage of 61% where 25% is allowed in Section 30-2025. 2. Variance to allow the reduced number of parking stalls of 45 where 243 is required by city code Section 30- 903. 3. Variance to allow a reduced front yard parking setback of 15 feet where 25 feet is required in Section 30- 895. We have reviewed the requests in accordance with City ordinance standards in Section 30-635 and find that the ordinance standards have been met. Specifically Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 6 1. The variance is in harmony with the general purpose and intent of the ordinance. The variance to allow an increased impervious surface is in harmony with the general intent of the ordinance. The city code does not have a different regulation for impervious surface of a commercial, industrial or public use within the shoreland overlay and simply restricts all sites to 25% impervious coverage. The site exists today with 43% impervious surface and we are incorporating additional stormwater management methods on the site to account for the additional impervious surface proposed. We believe this meets the intent of the ordinance to protect Elk River from additional stormwater and pollution impacts. The variance to allow a reduced number of parking stalls is in harmony with the general intent of the ordinance. The ERMU site is unlike most other sites with most of the building space being used for vehicle storage, with a smaller portion being used for office space. Given the number employees working on the site and the minimal number of guests at this location we believe 45 parking spaces to be sufficient for ERMU’s needs. Additionally, adding greater parking would increase the impervious surface on the site which we are trying to avoid. The variance to allow a reduced parking setback meets the general intent of the ordinance. The current parking setback section restricts a nonresidential use in a single-family district to the same requirements as the business park district. We have met the intent of the ordinance by locating parking spaces outside of the setback with all spaces facing towards the interior of the site but are unable to have drive aisle located out of the parking setback given the location of the existing building. We believe this meets the intent of the ordinance to have parking not placed or oriented too close to a pedestrian area. 2. The variance is consistent with the City of Elk River comprehensive plan. The variances are consistent with the City of Elk River comprehensive plan because they allow ERMU to expand within the existing site. ERMU provides all water service to Elk River, which is a necessity for the community. ERMU has also been implementing additional measures to conserve water where possible and to reduce environmental concerns, which will be aided by the expansion. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; We are proposing to continue the existing use of the property as a government facility which is a permitted conditional use for the R-1c zoning district. The proposed variances allow ERMU to expand from the existing structures and make needed improvements to the site to allow smooth operations and continued growth. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The variance requests are due to the existing buildings and site layout and the code restrictions that have been put in place since the property was initially developed. This site is unique in that it is restricted by shoreland overlay standards that are catered towards residential lots you typically find near a lake. The combination of these circumstances creates a unique property. 5. The variance, if granted, will not alter the essential character of the locality. Elk River Municipal Utilities, Elk River, MN August 31, 2020 ERMU18001 7 The variances, if granted, will not change the essential character of the locality. The ERMU site has existed in this location for many years and become a part of the locality. These variances will allow the site to be developed around the existing buildings and to remain with the same character that exists today. Summary We respectfully request approval of the rezoning, conditional use permit, preliminary plat, final plat, ROW vacation and variances to allow construction of the new maintenance facility for Elk River Municipal Utilities on the site. Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Kevin Shay at kshay@landform.net or 612.638.0228.