6.13. SR 05-19-1997ity of
iver
MEMORANDUM
.Item #~_13_
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Steve Ach, City Planner~~
May 19, 1997
Ordinance Amendment Relating to the
Development Within the Urban Service
District Prior to the Availability of
Sewer and Water - Public Hearing Case
No. OA 97-8
I$$i~e
Consider Ordinance No. 97-__ amending the section of the Zoning Ordinance
relating to development prior to the availability of sewer and water.
Overview
As directed by the City Council, staff has been working with the city
attorney's office to prepare an ordinance amendment addressing the issue of
allowing existing businesses within the urban service district the ability to
expand or add additional principal building(s) prior to the availability of city
sewer and water. This issue has been discussed at great lengths in the past
and is a critical component of the city's comprehensive plan towards
managing growth and providing for the efficient extension of municipal
utilities.
As the Council is aware, this issue has surfaced as a result of an existing
business along the east Highway 10 corridor wishing to add a second
principle building. In order to permit this second building to be built, the
ordinance needs to be amended. Whether the businesses request to add a
second building proceeds forward or not, this ordinance amendment is an
issue which the Council needs to address. I'm confident there will be other
applications to expand existing businesses within the urban service district
which currently do not have city sewer and water.
13065 Orono Parkway ° P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council
May 19, 1997
The proposed ordinance basically outlines two scenarios.
Page 2
Scenario I - Vacant land within the urban service boundary that does not
have city water and sewer available or ready for immediate hook up cannot
be developed at this time. In other words, if there is no investment in the
property (i.e. structures, operating business), the current ordinance which
delays the development of the property until the extension and availability of
sewer and water will remain in place.
This scenario will apply to the western and eastern area, including a few
parcels along Highway 169.
Scenario 2 - All existing businesses within the urban service boundary which
do not have city sewer and water available for immediate hook up may
expand their existing business or add additional principle buildings based on
certain conditions being met. These conditions are as follows:
An application for a conditional use permit must be submitted in
accordance with the requirements set forth in the zoning
ordinance.
o
Applicant enter into a developers agreement stipulating the
likelihood for the payment of future assessments for city water
and/or sewer.
o
Applicant sign a waiver of rights to appeal future assessments
for city sewer and water on the basis of: a.) the permitted
expansion or additional structure, or b.) the existing well and
septic system functions adequately.
o
The proposed addition and/or building expansion shall be
consistent with the city's comprehensive plan.
o
All building improvements shall include provisions to hook up to
city water and sewer in accordance with the city's code relating
to the time allowed to hook up to available utilities.
This scenario will apply to several businesses along the east Highway
10 corridor. There are no commercial or industrial businesses in the
western area where this scenario would apply.
In summary, the ordinance amendment will continue to manage the
development of vacant commercial and industrial lands within the urban
service district by requiring city water and sewer. However, will permit
s:XcouncilXoa97-8.doc
Memo to the Mayor and City Council Page 3
May 19, 1997
through the conditional use permit process (Planning Commission ~nd City
Council review) existing businesses to either expand or add an additional
principle structure on the same parcel.
The challenge for staff, Planning Commission and City Council will be the
review of development applications with a long range perspective of how the
area will ultimately be developed. Certainly when water and sewer is
extended into an area it has the ability to influence the highest and best use
of the property. As long as the development plans for expansions or
additional principal buildings are reviewed with respect to the area's
ultimate development with water and sewer, the ordinance will be a practical
solution for existing businesses and the city.
Planning Commission Recommendation
The Planning Commission reviewed the proposed ordinance at the April 22nd
meeting. No public comments were received. The ordinance was
recommended by the Planning Commission for approval as drafted.
Recommendation
It is recommended the City Council adopt Ordinance 97- amending the
section pertaining to development within the urban service district prior to
the availability of city sewer and water.
s:\council\oa97-8.doc
ORDINANCE 97-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.20 OF
THE CITY OF ELK RIVER CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Code of Ordinances of the City of Elk River is
hereby amended to read as follows:
900.20 General Regulations
16.
Development Within the Urban Service Area Prior the
Availability of City Water and Sewer
The Urban Service Area is defined in the Elk River
Comprehensive Plan as the area planned for development with
city water and sewer services. As a prerequisite to applying
for or receiving any building permit or planning application
in all commercial, industrial and business park zoning
districts within the urban service area, city municipal
utilities (i.e., sewer and water) must be available for
immediate hookup and/or available at the time of occupancy.
The following are exceptions to the above stated
requirements:
A. Existing businesses (structures) located within the
urban service area and not currently served or have the
opportunity to hook up to city sewer and water, may apply to
expand a principal structure; or add a second principal
structure on the same parcel.
In addition to all other city ordinances or regulations of
the city, the following conditions shall apply to ~n
expansion of an existing structure or construction of an
additional principal structure on the same parcel:
1. An application for a conditional use permit must be
submitted in accordance with the requirements set forth in
the Zoning Ordinance.
2. Applicant enter into a developer's agreement
stipulating the likelihood of the payment of future
assessments for city sewer and water.
3. Applicant sign a waiver of rights to appeal future
assessments for city sewer and water on the basis of:
The permitted expansion or additional structure;
or,
s:kdocumentkordinancX900-20.doc
The sufficiency of the existing well and septic
system.
4. The proposed addition and/or building expansion shall
be consistent with the city's Comprehensive Plan.
5. Ail building improvements shall include provisions for
a timely hook up to city water and sewer in accordance with
applicable city code requirement.
Section 2. That this ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this __
the City of Elk River.
day of
,1997 by the City Council of
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk