PUBLIC HEARING: Consider Multiple Actions for a Proposed Expansion at 6601 McKinley St NW (Project No. 19-106): Case of ACE Solid Waste, Inc.

1. Variance to pavement setback from road right-of-way.
2. Amended Conditional Use Permit.
3. Site Plan Approval.

The City has received an application from ACE Solid Waste, Inc. (the "Applicant") for a proposed expansion of their existing transfer station at 6601 McKinley St NW (the "Subject Property").  The project requires multiple actions by the City, including a variance to off-street parking/maneuvering setbacks, an amendment to an existing Conditional Use Permit, and Site Plan approval.

In 2018, the Applicant received approval of a plat that combined two parcels into one as well as a zoning amendment to secure a single zoning designation for the entire parcel.  Those previous actions were completed by the Applicant in anticipation of an expansion of their transfer station, which is now moving forward. 

Staff has attempted to notify all Property Owners within 350 feet of the Subject Property via Standard US Mail of the Public Hearing for the Variance and amendment to the Conditional Use Permit and has published a notice in the Anoka Union Herald.

General Background
The Subject Property is just over ten (10) acres in size and, as previously noted, is located in the E-2 Employment District.  The surrounding properties are all industrial in nature and are located in the E-1 Employment District, E-2 Employment District, or Planned Unit Development (PUD) - Industrial.  The proposed expansion is 8,066 square feet and would extend the existing transfer station north, toward 141st Avenue NW.  East of the proposed expansion is Basalt Street, a dirt/gravel road that provides the sole access to a single business and provides a secondary access to one other business.  Basalt Street terminates at the boundary of the Subject Property.  The expansion of the transfer station has been prompted due to the recent closing of the Great River Energy Processing Plant that was located in Elk River.

Site Plan
The Applicant is proposing an 8,066 square foot expansion on the north side of the existing transfer station, as well as 11 new parking stalls for refuse trucks and a concrete pad for a year-round opportunity for residents to drop of recyclable materials.  The expansion would include a depressed loading dock that allows a semi tractor/trailer to enter the transfer station below the tipping floor.  There would also be 3 overhead doors. One door is on the north elevation and two doors are on the east elevation.  Materials collected from the route trucks would be tipped (or dumped) onto the floor, and then pushed into a semi trailer for hauling to the final destination.  This creates a much more efficient process than sending individual route trucks to dump their loads at a final destination.

Access to the Subject Property would be from 141st Avenue NW.  Refuse, including  garbage or recycling trucks, would enter the Subject Property and stop on an in-ground scale before entering the transfer station.  Route trucks may exit the Subject Property either back onto 141st Avenue or via McKinley Street to the south.  All semi tractor trailers will exit the Subject Property onto McKinley Street. 

The exterior finish of the building expansion will match that of the existing finish, which consists of raked precast panels with a smooth, painted band.  The building coverage, building height, and building setbacks all comply with the bulk standards of the E-2 Employment District.  However, the proposed additional parking stalls for refuse trucks are within the required twenty (20) foot setback.  A variance application to address this encroachment has been submitted by the Applicant.

Amended Conditional Use Permit
The Applicant secured a Conditional Use Permit (CUP) for the construction and operation of a mixed solid waste and recycling transfer station in 2000 (approved by Resolution #00-04-104).  The existing CUP allowed for up to a 17,100 square foot transfer station.  The proposed expansion is 8,066 square feet, for a total building size of 16,137 square feet. This is within the parameters of the existing CUP.  However, the proposed expansion differs from the original layout.  Staff has carried over all the applicable terms from the original CUP and added an exhibit to identify the location of the transfer station.  No other changes are proposed for the CUP.  It should be noted that the Applicant has already obtained the necessary approvals from state agencies for this proposed expansion.

Variance
The proposed pavement, which includes curb/gutter and asphalt, for additional refuse truck parking is proposed to be 9.5 feet from the right-of-way boundary along Basalt Street.  The Applicant has attempted to reduce the amount of encroachment by reducing the stall depth from 45 feet to 40 feet.  The Applicant had noted that the newer refuse trucks are slightly longer than the older versions.  The Applicant is attempting to retain a 36 foot wide drive aisle between the stalls and the building expansion for access purposes through the eastern elevation overhead door and to ensure safe two way refuse truck traffic.  Additionally, this extra maneuvering area is needed to facilitate the trucks exiting the building from the eastern overhead door. Finally, the Applicant chose this configuration for aesthetic purposes, as it limits or eliminates the view of operations within the building from vehicles traveling along 141st Avenue.

Basalt Street is an gravel public road that terminates at the Subject Property.  It provides the only access for a single business on the east side of Basalt Street and a secondary access for another business.  This is not a through street, nor will it likely ever be a through street based on the use of the Subject Property.  There is very little traffic that utilizes this short road segment.  The intention of the setback from the road right of way is to create a 'green space' to enhance the aesthetics of a site from the road.  Additional plantings could be included along Basalt Street to create a slight buffer, which in conjunction with the limited use of this minimum design and travelled road.  

When considering a variance, there are three factors that must be considered to determine whether practical difficulties exist:

• Reasonableness: The Applicant is already lawfully operating a transfer station on the Subject Property.The proposed expansion is reasonable and meets all bulk standards of the E-2 Employment District with the exception of the setback from road right-of-way. 
• Uniqueness: The Subject Property abuts Basalt Street, which is a gravel road that terminates at the Subject Property.  Basalt Street is not a through street. In fact, this segment only provides access for a single business on the east side of the road.  There are very few vehicle trips on this segment of road. With additional plantings, a slight buffer could be provided. 
• Essential Character: The surrounding area is all industrial users.  The adjacent property to the west is an asphalt plant that also has pavement within the setback area. 

Alternatives

Alternative 1: Adopt Resolution #19-081 granting a variance to setbacks from right-of-way and recommend City Council approve an amended CUP and Site Plan for the proposed building expansion. 

Alternative 2: Adopt a modified Resolution #19-081 granting a variance to setbacks from road right-of-way and recommend City Council approve an amended CUP and Site Plan for the proposed building expansion. 

Alternative 3: Deny the requested variance and recommend City Council not approve the amended CUP and Site Plan without modifications to comply with the pavement setback requirement from road right-of-way. 

All costs associated with this request are the responsibility of the Applicant.

Staff recommends adopting Resolution #19-081 granting a variance to the pavement setback from road right-of-way and recommend City Council approve an amended CUP and Site Plan for the proposed building expansion on the Subject Property.

Motion to adopt Resolution #19-081 with findings favorable to the Applicant, granting a variance to the pavement setback from road right-of-way on the Subject Property, contingent upon review and approval as to legal form by the City Attorney.

-and-

Motion to recommend City Council approve an amended CUP and Site Plan for the proposed expansion of the transfer station building on the Subject Property.