4.3.c. PCSR 09-22-2020 Request for Action
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Elk -
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To Item Number
Planning Commission 4.3c
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. NW Zack Carlton,Planning Manager
Preliminary Plat of ERMU Addition, Case No. Reviewed by
P 20-13
Action Requested
Recommend, by motion, approval of the Preliminary Plat for ERMU Addition.
Background/Discussion
This application is part of the Elk River Municipal Utilities (ERMU)
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 south east corner of the -
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intersection of Main St. and Tipton Ave. L) CR33
ERMU is requesting a preliminary plat to combine eight parcels and
street right-of-way into one 8.5-acre parcel. ` z
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Applicable Regulations
Preliminary Plat Hwy 10
City ordinance section 30-375 outlines the required findings for - CR 12
approval of a Preliminary Plat. -
1. The proposed subdivision is consistent avith the honing regulations (article
VI of this chapter) and conforms in all respects n ith all requirements of
this Code, including the honing regulations and this article. RP
With the approval of the Zone Change (ZC 20-03), the tiw
proposed subdivision is consistent with all zoning regulations. y�
2. The proposed subdivision is consistent with all applicable general and
eciali o, o, gp ed cz coun and re conal laps includin but not limited to, Figure
the city's comprehensive development plan.
The subdivision is consistent with all applicable plans.
The Elk River Vision P O N E R E o R Y
A nrelcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWR
service, and community engagement that encourages and inspires prosperity. Updated.August 2020
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding and drainage are suitable for the type and density of development and uses contemplated.
While a significant amount of site work will be completed, the physical characteristics of the site are
suitable for the type and density of development and uses contemplated.
4. The proposed subdivision makes adequate provision for mater supply, storm drainage, sewage transportation, erosion control
and all other services,facilities and improvements otherwise required in this article.
The subdivision includes infrastructure,including stormwater management plans, to meet city
requirements. Additional permits required to comply with erosion control standards are required and will
be secured prior to building permit issuance.
5. The proposed subdivision will not cause substantial environmental damage.
Although trees will be removed and significant site work will be completed,the subdivision will not cause
substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court
With approval of the Easement Vacation (EV 20-05), the proposed subdivision will not conflict with
easements of record or with easements established by judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The surrounding properties are developed. The proposed subdivision will not impact reasonable
development of neighboring land.
8. The proposed subdivision is notpremature.A subdivision 1.spremature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d Lack of adequate off-site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for.
Parks and Recreation Commission
As no additional lots are being created,the plat was not reviewed by the Parks and Recreation Commission for
park dedication.
Financial Impact
None
Mission/Policy/Goal
■ Work with citizens to achieve goals while responsibly growing.
Attachments
■ Location Map
■ Preliminary Plat
■ Applicant's Narrative
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1WETLAND
ELK RIVER MUNICIPAL UTILITIESP.O.BOX 430ELK RIVER, MN 55330CITY SUBMITTALLH31 AUG 2020PROJECT NO.FILE NAMEIF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOTVISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDEDREADABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACTTHE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS.PROJECTCERTIFICATIONLANDFORMc
105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netLandform and Site to Finish are registered service marks of Landform Professional Services, LLC.®®DATEISSUE / REVISIONREVIEWCONTACT ENGINEER FOR ANY PRIOR HISTORYISSUE / REVISION HISTORYDEVELOPERMUNICIPALITYELK RIVERMUNICIPAL UTILITIES ELK RIVER, MN CITY SUBMITTAL08.31.2020ERM180012020
NORTH050100VPPLATERM001.DWGPRELIMINARY PLATElkRiverCity ofDenotes iron monument found.Denotes P.K. Nail Found.For the purposes of this plat, the North line of Block 2,AUDITOR'S ADDITION TO THE VILLAGE OF ELKRIVER, is assumed to bear South 70°15'20" East.1010Drainage and Utility Easements are shownthus:Being 10 feet in width and adjoiningright- of-way lines, also being 10 feetin width and adjoining lot lines, unlessotherwise indicated, as shown on the plat.Denotes a 1/2 inch x 14 inch iron monumentset with a plastic plug stamped R.L.S. 13057.PROPERTY DESCRIPTIONTOPOGRAPHYTopography per Oliver Surveying & Engineering.ZONINGCURRENT ZONING: R-1c, R2aPROPOSED ZONING: R1cMIN. WIDTH:80 FT.MIN. DEPTH:130 FT.MIN. AREA:11,000 S.F.BUILDING SETBACKSFRONT: 30 FT.SIDE:10 FT.REAR:20 FT.AREASTOTAL AREA:8.5± AcresLots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, AUDITORS ADDITION TO ELK RIVERAndLots 1, 2, 3, 4, 5, 6, 7 and 8, Block 2, AUDITORS ADDITION TO ELK RIVERAndVacated Fourth Street (Depot Street)
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.