5.4. SR 02-19-2013 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 5.4
AGENDA SECTION MEETING DATE PREPARED BY
Consent February 19,2013 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Confirm Consistency with Comprehensive Plan for EDA Sale Calvin Portner, City Administrator
of Outlot A,Northstar Business Park REVIEWED BY
ACTION REQUESTED
1. Receive information from Planning Commission regarding use of Outlot A,Northstar Business Park.
2. Support the following deed restrictions:
• The property shall not be platted or subdivided.
• The wetland may not be altered.
• A drainage and utility easement shall be recorded over the entirety of Outlot A.
BACKGROUND/DISCUSSION
Bryan Provo is working with the EDA to purchase Outlot A of the Northstar Business Park. Mr. Provo
proposes no changes to the configuration of the lot. Mr. Provo wishes to bow hunt on the property,is
aware that hunting on the property will require a permit, and the regulations regarding hunting may
change over time.
State Statute requires a planning agency to report on the consistency of the proposed use with the
Comprehensive Plan prior to the sale of any city or EDA property. While the property owner may hunt
on the property, the proposed use will remain unimproved green space.
Planning Commission
The Commission reviewed the request at their meeting on February 12,2013. Recognizing the intention
not to change the use of the property, the Commission had concerns with the sale,in particular:
1. Property owner adding structures to the property.
2. Property owner adding temporary structures,including deer stands.
3. Using the property for uses other than open space. Specifically, the Commission was concerned
that the property may evolve into storage, and could be subdivided and sold to different owners.
4. Hunting without a police permit.
Based on these concerns, the Commission recommended deed restrictions be placed on the property.
FINANCIAL IMPACT
None.
LNATLJPEI.........
PRIIEREB R1'
ATTACHMENTS
• Planning Commission packet dated February 12,2013.
Crty of
Elk REQUEST FOR ACTION
River
To ITEM NUMBER
Planning Commission 4.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning February 12,2013 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Confirm consistency with Comprehensive Plan for EDA sale of Jeremy Barnhart,Planning Manager
Outlot A, Northstar Business Park. REVIEWED BY
ACTION REQUESTED
Staff recommends that the Planning Commission confirm the sale of Outlot A,Northstar Business Park,
as being consistent with the Comprehensive Plan,with the following conditions:
1. The property may not be platted or subdivided.
2. The wetland may not be altered.
OVERVIEW
The Economic Development Authority (EDA) is selling Outlot A of the Northstar Business park. Prior
to the sale of any city property,including the EDA's, the City Council and Planning Commission must
confirm that the use of the land is consistent with the Comprehensive Plan.
Outlot A is mainly wetland,with a stormwater pond located in the northern portion. The buyer,Bryan
Provo,intends to retain the outlot as undevelopable open space. Occasionally,Provo may hunt the
property,if allowed per the Police Department. While Provo owns property adjacent to the outlot, this
acquisition will not permit expansion of his business.
The conditions suggested retain the parcel as one single lot,preventing portions of it being added to
adjacent buildable parcels,and the wetland alteration prohibition are necessary to retain the use of the
property as non-buildable open space.
APPLICABLE REGULATIONS
Section 462.365 of Minnesota State Statutes requires the Planning Commission to review the proposed
disposal and offered a report in writing as to "compliance of the proposed acquisition, disposal or
improvement with the comprehensive municipal plan."
ANALYSIS
Provided the property is not developed, the use of the property will not change. The Comprehensive
Plan does not speak to the minute `use' of parcels for hunting,biking, etc.
ATTACHMENTS
• Location Map
• Letter from Provo Enterprises
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Bryan Provo
17520 Tyler Street
Elk River, MN 55330
October 22, 2012
Annie Deckert
Director of Economic Development
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Greetings Annie,
We have recently become interested on the property to the west of Alliance Machine Inc
in Elk River, MN. It is my understanding that the property is owned by the Elk River
Economic Development Authority. The property parcel id is 75-757-0010 and is 43.75
acres. With the research I have done,the land is not buildable and may be of no benefit
other than we would like to use it for bow hunting. The Tax assessment is valued at
$56,900.00 on the Beacon Website. On behalf of Alliance Machine and Provo
Enterprises,we would like to make an offer of$11111111111111 to purchase this property. We
look forward to your response.
Best Regards,
Bryan Provo
GM
Provo Enterprises