7.3D SR 10-19-2020Request for Action
To
Item Number
Mayor and City Council
7.3d
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 19, 2020
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Conditional Use Permit to Allow a Government
Zack Carlton, Planning Manager
Facility in Single Family Residential District
Reviewed by
Cal Portner, City Administrator
Action Requested
Open the public hearing, take comments, and continue the public hearing until November 2, 2020.
Background/Discussion
Case No. CU 20-19
Since the Planning Commission, the applicant has revisited the layout of the site. If there are minor changes, the
council can act on the item November 2, 2020. If the layout changes significantly from when the Planning
Commission reviewed the Conditional Use Permit (CUP), staff will readvertise the project and bring the CUP
back to the Planning Commission on November 24, 2020, and to the City Council on December 7, 2020.
Planning Commission
While no spoke for or against the project, an email was received from a resident regarding the project. The
Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Mission/Policy/Goal
Reflect the culture of citizens and what is important (continue service to residents) and meeting the changing
needs of the city.
Attachments
Planning Commission memo date September 22, 2020
Email received from a resident
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
Request for Action
Ciry nf
Elk
River
To
Item Number
Planning Commission
4.3b
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
Conditional Use Permit to allow a government
Reviewed by
facility in the R-lc zoning district, Case No. CU
20-19
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with the following condition to satisfy the
standards set forth in Section 30-654:
1. The hours of operation shall be limited to 8:00 a.m. — 4:30 p.m., Monday through Friday, except for
emergencies.
Background/Discussion
This application is part of the Elk River Municipal Utilities (ERMU)
building expansion project. The project will consist of a Zone Change r
(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
intersection of Main St. and Tipton Ave. " ` cR 33
P
The property, if the associated Zone Change (ZC 20-03) request is also
approved, is zoned R1-c where Government Facilities require a
Conditional Use Permit (CUP). RR
The applicant is seeking a CUP to construct a new maintenance facility Hwy io
• ;s
and associated site improvements. The site includes several parcels — CR 12
that will be consolidated into a single parcel. The existing homes will
be removed, but the power plant and utility building will remain as part
of the new maintenance complex.
A new 59,518 sq.ft. building will be constructed on the northwest ytiy
corner of the site and includes space for office and vehicle storage. %9
The building exterior will be constructed using precast concrete panels,
metal wall panels and face brick.
Figure
The current code requires one parking space per 300 sq.ft. of office space and one parking space per 2,000 sq.ft. of
warehouse space. With the existing buildings and new building there will be a total of 4,740 sq.ft. of office area,
The Elk River Vision P O N E R E u 1 1
A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NATURE
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
requiring 16 parking stalls and 38,637 sq.ft. of warehouse space, requiring 19 stalls for a total of 35 stalls. The site
plan shows 45 parking stalls.
The site currently has three access points on Main Street along the west side of property. They have proposed
adding an additional access on Main Street on the north side of the property. This access, along with the northerly
access on the west side, will be for those visiting the office building. The two other access points will be for
company vehicle circulation to and from the storage garage and yard.
A single monument sign is proposed, but the sign location has yet to be determined. A sign permit will be required
prior to installation, and must comply with setback, size, and height requirements.
The new building will operate under the same hours of operation as the current facility, Monday — Friday from
8:00 a.m. to 4:30 p.m. ERMU employs 30 people at this location and the new building will provide space for
planned employment growth.
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.
Applicable Regulations
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the
development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in
Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any
potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. mill 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 orgeneral n elfare of the neighborhood or the city.
The ERMU facility has been located on the site for many years. With the proposed grading, much of the
north half of the site will be below the grade of Main Street and most of the outdoor areas will be
screened from the public by trees, buildings, and elevation changes. The use 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.
With the landscaping and site layout proposed, staff does not see a need to impose additional conditions
to satisfy this standard.
2. mill be consistent n ith the Comprehensive Plan.
The subject area has an underlying land us of Mississippi Connections which is consistent with the R1-c
zoning district where Governmental Facilities are allowed. The use will be consistent with the
Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. mill not impede the normal and orderly development and improvement of surrounding vacantproperty.
There is no vacant property in the vicinity and the site plan continues to provide access to land -locked
parcels to the east. The use will not impede the normal and orderly development and improvement of
surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. mill 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 traf c
congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. mill 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.
While the project is an expansion of the operations, the increase of traffic generated by the site will be
minimal. The spacing of access points has been reviewed by the city engineer. Glare and noise generated
from the site will be mitigated by vegetation, buildings, and elevations changes. The use 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.
To ensure detrimental activities such as glare, noise, and traffic do not occur, the hours of operation shall
be limited to Monday — Friday, 8:00 a.m. — 4:30 p.m., except for emergencies.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Although trees will be removed and significant site work will be completed, the use will not result in the
destruction, loss or damage of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. WINfull 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 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a
report stating how the proposed use does not comply with the standards set forth in Section 30-654.
Financial Impact
None
Mission/Policy/Goal
Reflect the culture of citizens and what is important (continue service to residents) and meeting the changing
needs of the city.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans
■ Architectural Plans/Elevations
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Prelim Final Plat, Conditional Use Perrnit
Variance, EasementVacation', Zane Change
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Case No: P 20-13 & 20-1 4
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ZC 20-03
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PREPARED FOR \NG ME41
Elk River Municipal Utilities
m
P.O. Box 430
Elk River, MN 55330
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PREPARED BY
Landform Professional Services, LLC
105 511 Ave S, Suite 513
Minneapolis, MN 55401
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC
TABLE OF CONTENTS
Introduction ....................................
Rezoning ..........................................
Conditional Use Permit ...................
Preliminary Plat and Final Plat........
Vacation..........................................
Variance ..........................................
Summary .........................................
Contact Information ........................
.......................................................................................................... 1
.......................................................................................................... 1
.......................................................................................................... 2
.......................................................................................................... 4
.......................................................................................................... 4
.......................................................................................................... 5
.......................................................................................................... 7
.......................................................................................................... 7
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-1 c 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 1
The zoning change is compatible with the surrounding districts. The change to an R-1 c 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-1 c 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 2
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 3
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 4
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.
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.
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:
Variance to allow an impervious surface coverage of 61 % where 25% is allowed in Section 30-2025.
Variance to allow the reduced number of parking stalls of 45 where 243 is required by city code Section 30-
903.
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 5
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 6
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.
Elk River Municipal Utilities, Elk River, MN August 31, 2020
ERMU18001 7
5
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LEGEND
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From: Tom and Rita Johnson
To: Green, Jennifer
Subject: [EXTERNAL] Re: Staff Reports for ERMU Project
Date: Monday, September 21, 2020 9:29:23 AM
The expansion of the ERMU facilities Is a large project for our neighborhood which has been
residential for many years. It is important that a project of this magnitude is planned with
respect for the residents' investments in their homes; for many of us, it is our most valuable
asset.
As noted in the Conditional Use Application, the site plan is designed to be compatible with
the residential character of our neighborhood. The hours of operation are normal business
hours, except in an emergency. This is an important consideration.
Regarding aesthetics, the landscape as depicted in the site plan appears to be a continuation
of the current tree plantings which screen the existing Utility building. As the process moves
forward, I would like an opportunity to look at the full landscape plan in order to gain a better
sense of the visual impact. If the monument sign location and design is not included in the
landscape plan, I would appreciate an opportunity to review the signage, as well.
Thank you,
Rita Clark -Johnson
508 Tipton Ave. NW
Elk River, MN