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7.2 SR 05-17-2021it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings May 17, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Great River Energy — 17845 US Highway 10 Chris Leeseber , Senior Planner Reviewed by ■ Zone Change (remove solid waste overlay) ■ Amend Conditional Use Permit CU 87-10, Cal Portner, City Administrator modifying outdoor storage and permitted uses Action Requested Adopt, by motion, an ordinance removing the solid waste overlay district for the GRE facility at 17845 US Highway 10 Approve, by motion, a Conditional Use Permit amending CU 87-10 and amending the allowed uses, with the following conditions. 1. All site, engineering, and building plans are reviewed and approved by staff prior to beginning work on the site. 2. The current CUP request shall replace CU 87-10. Background/Discussion Case Nos. ZC 21-02 and CU 21-05 With the closure of the Elk River Resource Recovery Project (ERS) in 2019 and the subsequent demolition of the plant in 2020 and into 2021, Great River Energy (GRE) is seeking to update the zoning and uses to reflect their ongoing operations at the site. The first request removes the Solid Waste Overlay district from the GRE facilities. As the ERS is no longer operational, the overlay district is also not required. The only remaining parcel in this area with the overlay district would be the city' wastewater treatment plant. The ERS site will be graded to match the adjacent hillside and revegetated with prairie pollinator habitat similar to the nearby hillside. The second request updates the allowed uses on the site. The ERS will be removed, and outdoor storage areas are proposed to be adjusted and condensed to better fit the needs of the operation, reducing the amount of impervious surfaces on site. The remaining existing uses will continue to operate and include the substation, office building, parking lots, warehouse spaces, maintenance garage, peaking station, and outdoor storage yards. GRE has approximately 130 staff that will remain at this site and operate the facility 24 hours/day and 365 days/year. The Elk River Vision P I I E I E 0 0 Y A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Planning Commission Staff has not received any comments for or against the request and no one spoke during the public hearing at the Planning Commission. The Commission unanimously recommended approval of both requests. Financial Impact None Mission/Policy/Goal ■ Meet changing needs of the community Attachments ■ Planning Commission packet dated April 27, 2021 ■ Zone Change Ordinance Request for Action ver To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings Aril 27, 2021 Zack Carlton, Planning Manager Item Description Reviewed by Great River Energy — 17 845 US Highway 10 Chris Leeseber , Senior Planner Reviewed by ■ Zone Change (remove solid waste overlay), Case No. ZC 21-02 ■ Amend Conditional Use Permit CU 87-10, modifying outdoor storage and permitted uses, Case No. CU 21-05 Action Requested Recommend, by motion, approval of the Zone Change request to remove the solid waste overlay district for the GRE facility at 17845 US Highway 10 — PIDs 75-003-1200, 75-003-1100, & 75-003-1102. Recommend, by motion, approval of a Conditional Use Permit amending CU 87-10 and amending the allowed uses, with the following conditions. 1. All site, engineering, and building plans are reviewed and approved by staff prior to beginning work on the site. 2. The current CUP request shall replace CU 87-10. Background/Discussion With the closure of the Elk River Resource Recovery Project (ERS) in 2019 and the subsequent demolition of the plant in 2020 and into 2021, Great River Energy (GRE) is seeking to update the zoning and uses to reflect their ongoing operations at the site. The first request removes the Solid Waste Overlay district from the GRE facilities. As the ERS is no longer operational, the overlay district is also not required. The only remaining parcel in this area with the overlay district would be the city' wastewater treatment plant. The ERS Figure I site will be graded to match the adjacent hillside and revegetated with prairie pollinator habitat similar to the nearby hillside. The second request updates the allowed uses on the site. The ERS will be removed and outdoor storage areas are proposed to be adjusted and condensed to better fit the needs of the operation, reducing the amount of impervious surfaces on site. The remaining existing uses will continue to operate and include the substation, office The Elk River Vision P D 1 E B E 0 8 Y A welcoming community with revolutionary and spirited resourcefulness, exceptional NAVPE service, and community engagement that encourages and inspires prosperity. Updated. August 2020 building, parking lots, warehouse spaces, maintenance garage, peaking station, and outdoor storage yards. GRE has approximately 130 staff that will remain at this site and operate the facility 24 hours/day and 365 days/year. Applicable Regulations Zone Change A zone change request must demonstrate consistency with the Comprehensive Plan. In this case, the overlay district reflects the desired use for the site and is not entirely reflected in the Comprehensive Plan. The base zoning district is I-1 and will not change because of the request. The request is consistent with the Comprehensive Plan and staff recommends approval. Conditional Use Permit 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 nve fare of the neighborhood or the city. The ERS has been removed and the remainder of the existing uses will remain and continue to operate. Removal of the ERS and condensing the outdoor storage areas may improve the overall use and enjoyment of the property in the immediate vicinity. Staff does not see a need to impose specific conditions to satisfy this standard. 2. mill be consistent n.,ith the comprehensive plan. 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 vacant property. All adjacent properties are developed, and 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 mill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and leaver ystems, parks and schools; and nyill not, in particular, create traffic congestion or interference mith traffic on adjacent and neighboring public thoroughfares. Again, with the closure of the ERS, continued operation of the site with reduced operations may reduce impacts to essential public facilities. 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. The existing substation and peaking station may create excessive noise or vibrations when in operation, however there are no proposed changes to their operation and the city is not aware of complaints regarding their operation. Staff does not see a need to impose specific conditions to satisfy this standard. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The final stages of demolition related to the ERS will include work along the Mississippi River, but those are being addressed through a separate permitting process. Natural habitats will be improved with the pollinator habitat proposed to replace the power plant. Staff does not see a need to impose specific conditions to satisfy this standard. 7. mill fully eoVyYitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit 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 ■ Meet changing needs - Agile Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plans -memo-in fin a JL C reat River Energy Zone Change & Conditional Use Permit J6 6-5 021 Case No: ZC 21-02 CU 21-05 Efl4k(..__ River 1) Detailed description/scope of project a) What is being proposed? The purpose of this Conditional Use Permit (CUP) Application is to update Great River Energy's existing CUP covering the Elk River Campus (Figure 1) after the closure of the Elk River Resource Recovery Project in early 2019. In 2020, Great River Energy began demolition of the Elk River Energy Recovery Station (ERS) waste combustor facility located within the Elk River Campus footprint, and in October, sold the nearby Resource Processing Plant. As a result, these facilities and their associated solid waste activities are no longer applicable for these parcels. With the demolition of the ERS, Great River Energy plans to fill in & regrade the hillside facing US Highway 10 to match the existing hillside (Figure 2). The restored hillside will then be revegetated with prairie pollinator habitat. This will create a net reduction of approximately 0.9 acres in impervious surface area on the site. The top portion of the ERS footprint, located adjacent to Great River Energy (formerly UPA) Drive, will be resurfaced and utilized as a new material storage yard to house transmission service equipment and an overflow parking area for the onsite maintenance garage and spare company vehicles. A chain link fence with privacy screening will be installed along the west edge of the new storage yard. Additionally, Great River Energy intends to relocate materials from an existing storage yard (Yard 2), located to the north of the ERS footprint, to this new storage yard. Once materials are relocated, Great River Energy plans to remove the fencing and gravel surface of Yard 2 and restore the area to vegetative cover. This will ultimately result in a further net reduction in impervious surface area. The remainder of the Elk River Campus will be unchanged and all current site activities will continue. The substation, office building, parking lots, warehouse, and maintenance garage located on the west side of the tracks will remain active, as well as the Peaking Station, aboveground tank storage area, substation, warehouse buildings, and storage yards located on the east side of the railroad tracks. b) How is the request consistent with City of Elk River Comprehensive Plan? The proposed project supports the City of Elk River Comprehensive Plan (Adopted May 19, 2014) in several ways: i) Preserve and maintain the environment (pg. 7) 1 (1) Elk River seeks to promote clean air and water in the management, development, and delivery of municipal services. The demolition and proposed site restoration of the ERS site will reduce air emissions and result in a net decrease of impervious surface area which will enhance stormwater management from this area of the site. (2) Development seeks to incorporate and blend the built and natural environments. The proposed project will provide more natural landscape on Great River Energy's property by increasing the pollinator -friendly habitat through the restoration of the ERS site. Additionally, once the storage yard swap is complete, the current storage yard will be revegetated as well. ii) Promote the expansion of industrial uses in those areas identified in the Land Use Plan. Ensure that the expansion complements existing uses, protects the natural environment, and respects the surrounding neighborhoods. (pg. 43) The subject parcel is currently zoned as Light Industrial and this zoning classification is maintained in the Future Land Use Map. The proposed project is consistent with this zoning classification; however, a request to remove the Solid Waste Facility overlay zone is also being submitted. Great River Energy will continue to operate as a neighbor in good standing with the businesses, residences, and municipal operations that are near the campus. 2) Hours of Operation The existing combustion turbine is available to operate 24 hours per day and 365 days per year for MISO to call upon to run. Additionally, Great River Energy's System Operations located in the primary office building operates 24 hours per day, 365 days per year. 3) Number of Employees Following the shutdown of the ERS, approximately 130 staff are and will continue to be officed at the Elk River Campus. 4) Number of parking stalls, existing and additional The campus facility is private property and therefore has no impact on public access or parking. As part of the resurfacing on the top portion of the site, a portion is being designated as overflow parking for use by the onsite maintenance garage for spare equipment and vehicle parking. 5) Is there proposed screening of the site? The storage yard will be located on the top of the hill, so there is not a direct line of sight from US Highway 10. However, the new fence installed on the west side of the storage yard, facing US Highway 10, will include privacy slats. 6) Proposed building materials a) How do they comply with applicable design standards? 2 No new buildings will be added with this site modification. 7) Signage —(at time of installation, a separate permit is required for each sign) No new signage will be added with this site modification. 8) Is there outdoor storage? Within the existing campus footprint, multiple outdoor storage areas are present. As part of the site restoration following demolition of the ERS, Great River Energy is intending to create a new material storage yard, as described in the project narrative, and relocate materials from one of these existing storage yards, as shown in Figures 1 and 2. a) What is being stored? Within the outdoor storage area proposed to be moved following demolition, the materials stored include transmission service -related components, such as spare substation or transmission line equipment, hardware, etc. b) How much? The quantity of materials to be stored in this new yard will fluctuate. c) Proposed screening? The area of the proposed storage yard is on top of the hill and thus elevated from the public view along Highway 10. The storage yard itself will have a seven -foot -tall chain link fence and will include privacy slats along the west side, facing US Highway 10. 3 GRE-owned parcels _ _ LEGENG x _ J I SEEDING AND MULCHING NEW FENCE AROUND \ 1 m m / WAREHOUSE12 1 I m ASPHALT OR GRAVEL SURFACE J,v I f+ PROPOSED ASPHALT SURFACE \fit00- — EXISTING GROUND TOPOGRAPHY (REFERENCE 1) NEW FENCE TIES INTO EXISTING FENCE / \\ 116fi 000 N 3600= PROPOSED FINAL GRADES tI WAREHOUSE#2- \ BUILDING _ _ ti RAILROAD + REMOVED, SLAB 1 4 • XX—\TOEOR 1 4 \ /\ i —�> CULVERT STORAG Ifr 1 — EF — SILT FENCE \�•i\� 1\\1 SUBSTATION R' _ter STRAWVJATTLES TEMPORARY CUT FENCE X— NEW FENCE(NOTE 3) p ' IIIII I l l IIIII \ \ 1 REPLACE O" \ \ UNTIL GRAVCi/ASPHALT IIII I). il`I11``1111\\ / / '�^ TEMPORARY SURFACING IS COMPLETED " NEW FENCEWITH PRIVACY 6CREENING (NOTE63AN04) 1 111 L 1 I\ 1 \ ) FENCE /Y j I NEWVEHIGLE �f XX — EXISTING PENCE III 1 I II I11 III 1 I NEWFENCETIES INTO _ GATE IIII �V ) In III EXISTING SUBSTATION L Illl ll/IIIII rJ�� IIIII\I 1 FENCED \ I I Ill l II//1/I\\ IIIII 1 111 1111111 �/ IIIII III '�i. d.OH1V 9� j002 �/ \ \ \III I111/1/l/IIL/ \� I11I III /9 EW MAITERIAL}\ i\ \ Il/lI//I\I\II/ \IIII - III rb STORAGE L6679p\a, IIIII//L/✓✓%/ \ 11 III �� 1 �� Q YARD P", \NEW FENCE MATH i INTAKE/OIJIFALL I IIII I 11( \ PRIVACY SCREENING \ FACING US-10 \ / = STRUCTURE \ \ N WAREHOUSE \ IX Iv iv AI 1 \vV A A \ III Ii IA I A V A;1 Illll NEW ti I I 1 OVERFLOW I,DY I II I PARKING \ I IB°/II.1 / I1111 Z `� II \ l lnl lllf 1 III IIIIIII IIIIII AREA \ \ �0 i \I I\ IIIII `� i IIII IIII 1 I} II \ I ITI / 1 IIIIIIIIIII III I I \ I+ / i 1\ I \ \ I `I II 1 \ II111 W 1 II \ III\ / �' IIII \IIII IIIIIIIII 1 NEN/FENCE TIES \ 1 \Q \ I 1 1 I 11 II II IIII 111 INTOEXISTING \ _ i 1 ' 1 \i II I IIIIIIIII I 11 1 1 \Ilinl III//� 2// �I,I�IIIIIIII IIIII III I \. FENCE/GATE / MISSSSIPPI RIVER 11711 1 I IIIIIIII I II _ \ `\ IIIII/ 3X/ /III IIIII III \(IIIIIIII. I \I IIIIIIIIIIIIIIIIIIII I 1 I IIII II 1 II�� \ 1 \ \\\\ II�III11111I III/�//IIII II I'l IIIIII I 11 I 1�11I 11\I II I 1 1�i II..'IIL III I // lL//11j1 IIII ill �]�I I 1111111 1 1�11 \ \\ 1\\\ III IIt,fll / I \\ / 11 11 IIIII \ \ \IIIIIIIIIII / i J, 11 l .�� \ I ICI � I � IIIIIIIIIII IIIII!//'Lj ii/IIII I� I \I. IIIIIIIlIlllllllllllllll IIII/IIIIII III \\` G/ 11 \ \\ /IIIIIIIIIII III\III II I I I I I I I I I 1 -- r� / \ \\1\IIIIIIII1111111 II I I I I I I I I I I� \ \\ IIIIIIIII \I I11 I I I I 11fi5550 N �I CITY STORM WATER/SEWER SYSTEM MANHOLE TO REMAIN (NOTE 5) NOM(S) 1. FI NAL PROPOSED GRADES ARE APPROXIMATE. 2. THE LOCATI ONE OF SI LT FENCE AND STRAW WATTLES ARE APPROXI MATE. SILT FENCE AND STRAW WATTLES WILL BE PLACED PER BEST MANAGEMENT PRACTICES DURING CONSTRUCTION. 3. NEW FENCE SHALL BE CHAT N LI NK FENCE AND HAVE A FI NI SHED HEI GHT OF 7 FEET AND SHALL NOT INCLUDE BARBED II RE ON THE TOP OF THE FENCE. 4. PRIVACY SCREENI NG SHALL CONSI ST OF VI NYL SLATS. 5. THE LOCATIONS OF MANHOLES ARE APPROXIMATE. MANHOLES ARE NOT PLANNEDTO BE COVERED WITH FILL AT THE ENO OF CONSTRUCTION. REFERENCE(S) 1. EX STING GROUND TOPOGRAPHY AND SURFACE EXPRESSIONS OF CULVERTS ARE FROM SURVEY PERFORMED BY SUNDE LAND SURVEYING, LLC DURING OOTOSER 2020. SURVEYCOORDINATEBASISISSTATEPLANECOORDINATES83-MINNESOTASOL H ZONE. 2. AERIAL IMAGERY'. COPYRIGHT GOOGLE 2020. IMAGERY CAPTURED OCTOBER 2020. IMAGE ACCURACY TO BE CONSIDERED APPROXIMATE. GOGGLE IS NOT LIABLE FORANY DECISIONS MADE BASED ON THE CONTENTS OF THE IMAGE SHOWN ON THIS FIGURE. 3. EXI STING GROUND TOPOGRAPHY AND FINAL GRADE CONTOUR INTERVAL IS ONE FOOT. 50 Ind"vvv�v I I�In lly(lu�l„IllyvvA��L`�I�� m J °® 1"-50' FEET fi5250 N r�l ll�= / / \ � 1 • � _ Y r am_\ _\1- -- GREAT RIVER ENERGY,,, Figure 2. New Material Storage Yard Site Plan PROJECT GREAT RIVER ENERGY ELK RIVER SITE RESTORATION ELK RIVER STATION ELK RIVER, MINNESOTA CONSULTANT YYYY-MM-DD 2021-03-22 TITLE DESIGNED KAV PROPOSED FINAL CONDITIONS U,..' G O L D E R REVIEWEDPREPARED APPROVED KAV CCS PROJECT NO. IS 20351327 REV. �j City of Elk -�-� River Ordinance 21 - Stfikethfoughs to be removed Underlines to be added An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to remove the Solid Waste Overlay District from Certain Parcels Along Highways 169 and 10 Case No. 21-02 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to remove the Solid Waste Overlay District from the parcels depicted in Exhibit A. SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 1. The facilities requiring the overlay district have been demolished and the existing and planned uses do not require the district. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17Ih day of May, 2021. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Stfikethfoughs to be removed Underlines to be added Exhibit A 75-003-1200 75-003-1100 75-003-1102 75-003-4203