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08-01-05 PCITEM 3-1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 783.231.2581 planners(ainacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Laurie Shives/Daniel Licht DATE: 26 July 2005 RE: Otsego — Elk River Utilities CUP FILE NO: 176.02 — 05.22 BACKGROUND Elk River Municipal Utilities is requesting approval of an amendment to their existing Conditional Use Permit (CUP) to allow for an expansion/upgrade to the existing Otsego electrical substation located near the intersection of Packard Avenue NE and County Road 39. The electrical substation is owned by Wright Hennepin Electrical Co-op, however, Elk River Municipal Utilities has a shared substation agreement to utilize the station. The applicant is requesting the upgrade to their portion of the existing substation due to increasing growth in Otsego and the resulting demand for higher electrical capacities. A rezoning of the subject site from R-3, Residential -Long Range Urban Service District to INS, Institutional District to better accommodate the existing use and proposed expansion. Exhibits: A. Site Location B. Existing Site Plan C. Proposed Site Plan D. Aerial Site Plan ANALYSIS Zoning. A rezoning of the subject site from R-3, Residential -Long Range Urban Service District to INS, Institutional District is being proposed. Section 20-90-6.G of the Zoning Ordinance provides that public related utility buildings and structures are allowed within the INS District by conditional use permit. The applicant is proposing an amendment to their existing CUP in order to expand the substation. In addition to the specific performance standards applicable to the allowance of a substation expansion, the Planning Commission must also consider criteria for approval of Zoning Map Amendments outlined in Section 20-3-2.F and the CUP criteria outlined in Section 20-4- 2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: As stated in the Comprehensive Plan, the City was formed on the basis of ensuring that there would be adequate community facilities for its residents including public utilities, public safety and administration. Expansion of the substation would support this commitment to the City's residents. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The existing substation is a compatible use within the abutting R-3 Districts as it is screened from adjoining residential properties and expansion of the substation is not anticipated to create additional adverse impacts to surrounding properties and uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The design of the substation expansion shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed expansion to the existing substation is not anticipated to have any negative effect upon the area in which it is located. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed expansion is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed substation expansion is not anticipated to generate any additional traffic impacting 89th Street NE or County Road 39. 2 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed expansion is of an existing City utility and thus is anticipated to have a positive impact to the City=s ability to service its residents. Lot Area and Setbacks. The minimum lot area for the INS District is five acres unless otherwise specified or reduced by conditional use permit. Additionally, according to Section 20-32-5 of the Zoning Ordinance pertaining to essential services, lots used specifically for essential may be less than the specified dimensions for the district provided that a series of stipulations are met, particularly that applicable district setbacks are complied with. The subject site is approximately 1.4 acres and required district setbacks for the front yard are 30 feet from right-of-way lines, 50 feet for the side yard and 50 feet for the rear yard. The revised plans indicate that the proposed expansion structure will be located between the existing two structures on the site. In this location the proposed structure meets the front yard and side setbacks, but does not comply with rear yard setback requirements. The expansion structure is proposed to be located approximately 35 feet from the rear property line, while a 50 -foot setback is required. Although existing structures on the site do not meet required setbacks, they are considered legally non -conforming as they were compliant with existing setbacks when they were constructed. Any expansions or alterations to the site must meet current setbacks. The proposed location of the expansion structure must be revised to meet all current setbacks prior to approval of the conditional use permit amendment or the applicant must seek approval of a variance to allow the expansion structure to be constructed in its proposed location. The submitted plans show the existing 33 -foot right-of-way along County Road 39, as well as the future right-of-way of 75 feet upon expansion of County Road 39. The applicant must dedicate the additional 42 feet of right-of-way upon approval of the CUP. Height. As stated in Section 20-17-3.13 of the Zoning Ordinance, building height limits do not apply to poles, towers and other structures which are essential services, such as electrical utility structures. Landscaping. Section 20-63-5.A.1 of the Zoning Ordinance requires that public related utility buildings and structures, such as the subject site, be screened and landscaped when within and abutting a residential property. The site is currently surrounded by a fairly significant vegetative buffer which provides screening of the site from the single family homes to the south and west. Additional landscaping to the east of the site may be necessary to properly screen from abutting residential properties. There is an existing 8 -foot, semi -transparent fence, which the applicant is proposing to expand to accommodate and screen the substation expansion. RECOMMENDATION The applicant has submitted necessary information and has made a good case for the need to expand the existing substation to support existing and planned development in the City. Thus, we recommend approval of the rezoning to INS District and CUP amendment application as outlined below. POSSIBLE ACTIONS Decision 1 — Rezoning to INS, Institutional District A. Motion to approve a rezoning of the subject site from R-3, Residential -Long Range Urban Service District to INS, Institutional District based on a finding that the proposed use is an allowed use by Conditional Use Permit in the INS District. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — CUP Amendment A. Motion to approve a CUP allowing a electrical substation expansion at the intersection of Packard Avenue NE and County Road 39, subject to the following conditions: Proposed plans must be revised to show the expansion structure's compliance with all applicable setbacks. 2. Power lines running from the substation east through to the Mississippi Shores 6th 7th and 8th Additions must be placed underground within twelve months of recording of the CUP. 3. Applicant must submit a landscape plan depicting adequate screening of the site from adjacent residential properties, subject to City staff approval. 4. Comments of other City staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. C. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur Bryan Adams C! J V.J 1 G MIIC� 1 inch equals 1 mile 0 DAD 0 1 W Hakanson � Anderson 3601 Thurston Avenue, Anoka, MN 55303 �� 1 ASSOC., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Andy MacArthur, City Attorney Gary Ostrom, Great River Energy Bryan Adams, Elk River Municipal Utilities From: Ronald J. Wagner, PE Date: July 27, 2005 Re: Elk River Utilities — Substation Expansion, Parcel # 118-500-153301 We have reviewed the Preliminary plans, dated 10/1/04, for the above -referenced project and would offer the following comments: Plot Plan (with proposed buildings shown) Plan sheets shall depict the finished floor elevations of each building or structure. The grading plan shows various spot elevations, however, there are no concrete slab elevations given for the proposed structures. Other Recommendations Please submit a grading plan and landscape plan for review. The substation expansion is going to add structures that may be unappealing to the adjacent residential properties. Please submit a landscape plan showing what measures will be taken to screen the view of the additional structures. 2. A drainage and utility easement must be provided along each boundary line for the property. As part of the approval, it is requested that any electrical line between the substation and Mississippi Shores 6th, 7th and 8h Additions (including Mississippi Shores 6th, 7th and 8th Additions) be placed underground within a certain time frame. We suggest 1 year, or 18 months from CUP approval. Resubmittal is required for approval. G:\Municipal\Aotsego22xx\2500\ot2500erussrvw2.doc