7.6 SR 09-16-2024City of
Elk -
River
To
City Council
Meeting Date
September 16, 2024
Item Description
Conditional Use Permit: Government Facility
(Electrical Substation), PID 75-00915-0105 - Elk
River Municipal Utilities
Action Requested
Request for Action
Item Number
7.6
Prepared By
Zack Carlton, Community Development Director
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Approve, by motion, the proposed government facility, subject to the following conditions:
I. Staff approval of all site and civil plans.
2. The city shall transfer ownership of the parcel to ERMU.
Background/Discussion
Elk River Municipal Utilities (ERMU) has requested a Conditional Use Permit (CUP) for a new electrical
substation. The substation will support the growing electrical demands of the community, and ensure ERMU
continues to provide reliable electric services for the community.
The City of Elk River owns the subject site located in the Nature's Edge Business Center. The lot is 5.84 acres
in size and has been designated for a substation from the time plans for the area were under development.
ERMU staff have been involved in the grading and layout of the site to support the anticipated substation. The
parcel also includes a stormwater pond to treat runoff from the adjacent city street and nearby developable
parcels.
The property is guided for Business Park uses by the Comprehensive Plan, which also matches the current
zoning. Government facilities are a Conditional Use under the Business Park ordinance.
Staff and the city attorney are working to bring the property transfer forward at a later meeting.
Planning Commission
The Planning Commission held a public hearing on August 27, 2024. No one spoke during the hearing and the
commission did not have any questions.
The commission unanimously recommended approval of the Conditional Use Permit.
Financial Impact
None
The Elk River Vision
A avelcoming community zvitb revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A Y
engagement that encourages and inspires prosperity
381
Mission/Policy/Goal
Meet changing needs - agile.
Attachments
I . PC Staff Report 08-27-2024
2. Conditional Use Permit
Page 198 of 381
City of
Elk
River
To
Planning Commission
Meeting Date
August 27, 2024
Item Description
Conditional Use Permit: Government Facility
(Electrical Substation), PID 75-00915-0105 - Elk
River Municipal Utilities
Request for Action
Item Number
5.5
Prepared By
Zack Carlton, Community Development Director
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the proposed government facility conditioned upon staffs approval of all
site and civil plans.
Background/Discussion
Elk River Municipal Utilities (ERMU) has requested approval of a Conditional Use Permit (CUP) for a new
electrical substation. The substation will support the growing electrical demands of the community, and
ensure ERMU continues to provide reliable electric services for the community.
The subject site is owned by the City of Elk River and located in the Natures Edge Business Center business
park. The lot is 5.84 acres in size and has been designated for a substation from the time plans for the area
were under development. ERMU staff have been involved in the grading and layout of the site to support the
anticipated substation. The parcel also includes a stormwater pond to treat runoff from the adjacent city
street and nearby developable parcels.
The property is guided for Business Park uses by the Comprehensive Plan, which also matches the current
zoning. Government facilities are a Conditional Use under the Business Park ordinance.
Applicable Regulations
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediotevicinity or
the public health, safety, morals, comfort convenience or general welfare of the neighborhood or the city.
The subject site abuts numerous industrial and commercial uses along with vacant parcels guided for similar
uses. The use will have little to no impact on these parcels and will not detrimentally affect the use and
enjoyment of other properties in the immediate vicinity.
Staff do not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The Comprehensive Plan guides the property for Business Park uses and describes the city's goal of providing
The Elk River Vision
A aielcoming communin� with rrvolutaonag and sbynted resourcefulness, exce�itianal sercxce, and community P 0 1 E R E Q 8
en
gagesr�ent that encourages and irrsiiresraeriINAZURd381
high quality public services through proactive management of utilities and infrastructure to meet the needs of
current and future customers.
Staff do not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
There are multiple vacant properties in the immediate vicinity, which will be supported by the development of
a new electrical substation. These properties are guided for industrial, commercial, and agricultural uses. This
use will not impact the development of nearby vacant parcels.
Staff do not see a need to impose specific conditions to satisfy this standard.
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 subject site is adequately served by public facilities and will not have a detrimental effect on surrounding
properties or public thoroughfares.
Staff do not see a need to impose specific conditions to satisfy this standard.
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any person or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The substation will be constructed in accordance with all local, state, and federal standards, ensuring the
facility operates as safely as possible. The use will not generate negative impacts to nearby properties.
Staff do not see a need to impose specific conditions to satisfy this standard.
b. Will not result in the destruction, loss or damage to a natural, scenic or historic feature of major importance.
There are no natural, scenic or historic features of major importance on the subject parcel.
Staff do not see a need to impose specific conditions to satisfy this standard.
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 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 do 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.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these
standards.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
Support the growth and development of the community.
Attachments
Page 200 of 381
I. Location Map
2. Site Plan
Page 201 of 381
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Project Location Map
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Case No: CU 24-17
Page 202 of 381
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Page 203 of 381
CITY OF ELK RIVER
SHERBURNE COUNTY
CONDITIONAL USE PERMIT
Case No. CU 24-17
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a
Conditional Use Permit ("Permit") requested by Elk River Municipal Utilities for the following use:
Conditional Use Permit for a Government Facility (Electrical Substation)
Property. The Permit is for the following described property ("Subject Property' in the City of Elk River,
Sherburne County, Minnesota:
Lot 1, Block 1, Natures Edge Business Center Third Addition, Sherburne County, Minnesota
Owner. Owner of the Subject Property at time of the approval of the Permit:
City of Elk River, owner
Conditions. The Permit is issued subject to the following conditions:
1. Staff approval of all site and civil plans.
2. The city shall transfer ownership of the parcel to ERMU.
Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the
herein are complied with. The City may revoke the Permit following a public hearing for violation of the
terms and/or conditions set forth in the Permit.
Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional
use permit has not been substantially completed, the permit shall expire and become void, except that the
council may, following recommendation of the planning commission, extend the permit for an additional
period determined by the council on the receipt of a request for a permit extension prior to its expiration. A
conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the
authorized use ceases for more than six (6) months.
Page 204 of 381
Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance
with the permit. Violation of the terms of the Permit is a criminal misdemeanor.
Recording. The Permit shall be recorded against the title to Subject Property.
Dated: September 16, 2024.
CITY OF ELK RIVER
By:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
Mayor John J. Dietz
City Clerk Tina Allard
The foregoing instrument was acknowledged before me this day of ,
2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the
City Council.
Notary Public
DRAFTED BY:
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
Phone: 763-635-1032
Page 205 of 381