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6.4. SR 06-21-1999 rei ---'\) ( )j ~li( Items # 6. 4 . MEMORANDUM FROM: The Mayor and City Council Stephen Wen.man, Planner701' DATE: June 21, 1999 SUBJECT: Request by Heritage Landing Development for a Land Use Map Amendment, Public Hearing Case No. LU 99-1 Request Please consider a request by the applicant for a land use map amendment to remove property from the urban service district. Location . General Location: (Highway 10 and Waco St. NW), SWl/4, NWl/4 of Section 31, Township 33, Range 26, Elk River, MN Zonine/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments . Location/zoning map . Howard R. Green memorandum Overview The applicant requests the land use map amendment to remove his property just west of Waco Street and Highway 10 from the urban service district in order to develop the property. The applicant believes he has waited long enough for municipal services. The 1988 Comprehensive Plan prohibits development of vacant property within the urban service district if sewer and water is unavailable. . Consistent with the Comprehensive Plan, an ordinance was enacted to 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the City Council/LU 99-1 June 21, 1999 Page 2 . manage growth, protect the long range perspective of the city, and protect the best employment and tax base opportunities of such property. On June 17, 1996, the City Council considered an ordinance amendment which would allow commercial and industrial development within the city's urban service district prior to the availability sewer and water. The amendment was in response to a request from LeFebvre and Morrell trucking operations to relocate onto 171st Avenue NW. At that time, the City Planner suggested a PUD approach, rather than an ordinance, to allow this development with the stipulation that the developers waive their rights to future assessments and guarantee hook up to sewer and water when it is available. The ordinance amendment was denied and the PUD approach was used. . In this case the issues are similar. The applicant believes that he has waited long enough for sewer and water and would like to develop the property at this time. Presently, the applicant is proposing to develop mini-storage on one parcel and place a billboard on the other. Staff has maintained that the applicant has always had the option to request the removal of his property from the urban service district. Staff, however, would not necessarily support a return to the urban service district at a later date. Development without sewer and water generally results in a lower tax base and fewer employees, contrary to two goals of the Economic Strategic Plan. Also, it is unlikely that a mini-storage facility would be removed or demolished for redevelopment once urban services are available. Removing this site from the urban service district may result in a utility extension that will be designed accordingly and lower expenses for the city. This site is unique and might warrant removal from the sewer and water district. The site has no access to Waco Street and will need access from Highway 10 or through Big Lake Township. There is a large wetland to the south of the site making both access and sewer extension difficult from the south. Easements for sewer and water would need to be acquired south of the site to provide sewer and water (See attached, Howard R. Green memorandum). The City of Elk River Comprehensive Plan The Comprehensive Plan states: . All future development within the boundaries of the planned urban service district will require hookup to municipal water and sanitary sewer systems except for the residential area between the Elk River, County Road 35, Meadowvale Road and the western boundary of the City which will require overlay plats for future development. \\elkriver\sys\shrdoc\planning\stevewen \ccmmo \lu99-I.doc Memo to the City Council/LU 99-1 June 21, 1999 Page 3 . Planning Commission At the May 25, 1999, Public Hearing, no one from the public spoke for or against this issue. The Planning Commission recommended approval of the request and added the condition: THAT IF WATER AND SEWER BECOME AVAILABLE IN THE FUTURE, AND THE PROPERTY OWNERS WISH TO HOOK UP, THE OWNERS SHALL BEAR ALL COSTS ASSOCIATED WITH THE EXTENSION OF SEWER AND WATER. Recommendation Staff and the Planning Commission recommend that the Council approve the applicants request for a land use map amendment to remove property from the urban service district with the following condition: 1. THAT IF IN THE FUTURE, THE APPLICANT WISHES TO RETURN TO THE URBAN SERVICE DISTRICT, THE APPLICANT SHALL BARE THE COSTS OF PROVIDING SEWER AND WATER TO THE PROPERTY. . . \ \elkriver\sys\shrdoc\planning\stevewen\ccmmo\lu99-1. doc :n! LOCATION 2l!:! ill! 12 ~ !! 8 < ~ >- ~ ~ ~ ~ ~ ... ~ i ! ~ ~ ~ ~ . r\./ -\.) ( . )j EI~ River LOCA liON MAP N 13065 Orono Parkway · P.O. Box 490 Elk River. MN 55330 CASE: LJJ 99-1, OA 99-5 . . . ._) ) m Howard R. Green Company CONSULTING ENGINEERS lltu'Lga;um Formerly MSA Consulting Engineers May 19, 1999 File: 230000M Mr. Steve Wensman . Planner City of Elk River 13065 Orono Parkway P.O. Box 490 RE: HERITAGE LANDING DEVELOPMENT REQUEST FOR REMOVAL FROM THE URBAN SERVICE AREA Dear Mr. Wensman: City Administrator Pat Klaers has asked us to review the request by Heritage Landing Development for the removal of their parcel of land from the Urban Service District. We have done this from strictly an engineering perspective. As you are aware, Heritage Landing Development owns a small parcel of land, adjacent to TH 10 just west of Waco Street. The parcel is triangular in shape and actually has no frontage on a city street. It does, however, have access from the highway. It has been documented by MnDot that this highway access can be continued as the property develops beyond an agricultural use. The west line of this property abuts to Big Lake Township. There is a wetland complex existing approximately in the center of the property. In the future, it is the City's intent to realign Waco Street farther to the east. This is in an effort to provide more room on the north side of the highway to configure an intersection which will ultimately be signalized. This realignment of Waco Street may make access to a city street from this property even more difficult. Given this property's somewhat small size, its location in an extreme end of the Urban Service Area, and its unique road access, we see no problem with removing it from the Urban Service District. We would caution, however, that if the developers petition to be included in the Urban Service District in the future, there may be extraordinary costs associated with providing sewer and water service to this site. These would result from a couple of different items. First of all, the site was always intended to be served by lateral sanitary sewer and water since it is on the extreme west end of the Urban Service District. Most likely this service would come from the property lying immediately 1326 Energy Park Drive · 81. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389 . . . -- ) ) south of the subject site. If the request to remove them from the Urban Service District is granted, the design of the sewer and water to serve the site to the south would generally not include a review of what it would take to provide service to this site. Therefore, the sanitary sewer may not be provided with extra depth if that is needed to ultimately serve this site, nor would there be provisions to extend watermain for looping purposes or possibly even easements to extend sanitary sewer to the site. In the future, if the owners would petition to be included in the Urban Service District, the extraordinary costs may include a lift station for sanitary sewer service, easement acquisition for extending the sewer and looping of the watermain and the developers would be required to pay these extraor~ary costs and acquire any necessary easements. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company ~J4~ Terry J. Maurer, P.E. s: \planning\letters \230000m.doc Howard R. Green Company CONSULTING ENGINEERS . CITY OF ELK RIVER RESOLUTION NO. 99 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO AMEND THE URBAN SERVICE DISTICT CASE NO. LU 99-1 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing May 25, 1999, and recommended approval regarding the Comprehensive Plan amendment request for the property generally described as: See Attached Exhibit A and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to remove the property as described above from the Urban Service District PASSED by the City Council of the City of Elk River this _ day of , 1999. Stephanie Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk . s: \document \resoluti\lu99-1.doc EXHIBIT A . s z 1$-131-2200 . ~ ~ l~:zo.16 .