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5.8 PCSR 05-24-1994 crA( AGENDA ITEM 5.8 ity of lk River MEMORANDUM TO: PLANNING COMMISSION FROM: STEVEN B. ACH, CITY PLANNES4 DATE: MAY 24, 1994 SUBJECT: REQUEST TO ESTABLISH A MORATORIUM ON SUBDIVISIONS BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-02 REQUEST Consider an ordinance establishing a twelve month moratorium on subdivisions of land outside the city's current urban service area. This moratorium covers the area illustrated on the attached map and will specifically prohibit subdivisions of land into parcels less than ten (10) acres • in size. ATTACHMENTS Location Map, Ordinance No. 94 - ANALYSIS As set forth in State Statute, cities in the process of conducting studies, amending the Comprehensive Plan, or reviewing official controls (zoning ordinance) may adopt an interim ordinance that regulates, restricts or prohibits any use, development, or subdivision of land. The primary purpose of the interim ordinance is to protect the planning process and the health, safety, and welfare of its citizens. As the Commission members are well aware, the process of updating the Comprehensive Plan has recently commenced. One of the major issues that will be discussed during this process is the extension of city water and sewer. The most likely direction to consider extending these utilities is east (towards the City of Ramsey) and/or southeast (down the Highway 10 corridor). • The moratorium will specifically prohibit subdivisions of land into parcels of less than ten (10) acres in size. This ten acre minimum is consistent with the P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Moratorium Page 2 May 24, 1994 • Al (Agricultural Conservation) zoning district as well as the Metropolitan Council's guidelines of rural areas within the Metropolitan area that are in a holding pattern until municipal utilities are made available. In areas where city utilities may be extended, lot sizes less than ten acres may be difficult to subdivide upon the arrival of water and sewer. A perfect example of this which the city will be facing very soon is Sandpiper Estates just west of City Hall. The subdivision was approved just prior to a moratorium in 1988 of the western area of the community while the Comprehensive Plan was being reviewed. Once the decision has been made determining where the ultimate service area of the city will be, the moratorium will be terminated. RECOMMENDATION It is recommended the Planning Commission recommend approval of the attached interim ordinance establishing a twelve month moratorium on the subdivisions of land creating lots of less than ten acres in size. • • mort.pc . . . 0, . . ._... AP' ;.. 01 it ,1 - -. '.',''i':'' .'Oi.;iar4t$.,..„2.-.• -„ ---i '” " • 'l''''' '!'' '-'' -.r-. „.: - ' '; '.. l.'..' ' .‘1..,.,„„,, ,. .... • ff 2 IllnII m • _. ' 4- _ a . , .1--:-I,--"(-lc.-,-—di—••p-:[ .1 r- iriligiWrelh._1111111111 ,- CC <V:Z. ..,. ..:, Iv+, .i-,. ago\sN4 ..,:..:„. ...,,... „. .....,e,„..., ‘,.. :-. 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I I 11.1M R1b � �'.\----- -1.\101,... �� ' Single Family Residential 0 ' M I'l"° Ilk ' ' 1721111 Ric Single Family Residential \ '''.: t lui ...., \ TIT C3',. ; j Rid Single Family ResidentialAli I "°'" Rte Single Family Residential riiii�AIM Irli E R2 Two Family Residential x .. 1 SWF - R2b Two Family Residential ` ! _ _ Mlle - • R3 Townhouse/Multiple Family Residential Itl.° R4 I i�luil;ipie Family Residential - \\ i — I i PUD Planned Unit Development ,°" „/ , — C1 if Central Commercial f 7 It ;II iliSTO. C2 ::a:' ::mercia, C3 = I..T» <.,.. l" "i E H.T. y '4 11 Light Industrial = _ I r 'r 3 12 Medium Industrial = o ;I 11 0 SWF' Solid Waste Facility � - � - 1 .= i AT\ , r Antenna Tower - ?I .. j _ ME Mineral Excavation • P '-'1 "Wt , FROM LRRKIN HOFFMA N DGLY LINDGREN 612-8963265 05. 20. 1994 11 16 P. 2 ORDINANCE 94 - CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN AREAS OF THE CITY OF ELK RIVER The City Council of the City of Elk River does hereby ordain as follows: Section 1. purpose. The City Council has recently commenced the process of updating the City of Elk River Comprehensive Plan. It is anticipated that this process will take approximately one (1) year. One of the major issues that will be discussed during this process is the extension of City water and sewer services . The most likely direction for extending utilities is to the east and southeast of the present sanitary sewer and water area, to serve the commercial and industrial areas along east Highway 10 and the residential areas along the eastern edge of the City. Extending utilities to the east and southeast will require a substantial City investment in trunk facilities and improvements to the City' s waste water treatment plant . The City' s ability to finance these facilities and improvements will depend on its ability to assess • benefitted properties which will be served by the new trunk facilities and plant expansion. The most difficult properties to assess when extending municipal utilities are large residential lots from two to ten acres . Properties which fall in this category are expensive to serve with utilities for a single residential unit, and are difficult to subdivide so that the cost of the utilities can be spread over multiple units. The City has experienced this problem in the past and is acting to prevent this from happening again so that this type of residential development does not prevent the extension of utilities to serve the commercial and industrial areas along east Highway 10 and the residential areas along the eastern edge of the City. The Metropolitan Council also recommends that rural areas which are intended to be served with municipal utilities be restricted to ten acre minimum lot sizes for residential lots . This interim moratorium ordinance is therefore adopted to protect the integrity of the comprehensive planning process and the health, safety and welfare of the citizens of Elk River by assuring that development within the affected areas of the City does not prevent the extension of utilities into these areas if the Comprehensive Plan is amended to provide for such extension. FROM LRRKIN HOFFMAN DALY LINDGREN 612-8963265 05. 20. 1994 11 : 17 R. 3 Section 2 . Moratorium declared. During the term of this • ordinance and any extensions thereof, a moratorium is hereby imposed pursuant to which no applications for subdivisions of land into residential parcels less than ten acres in size shall be accepted or considered, and no such subdivision shall be approved by the City Council, for any property which cannot be served by existing sanitary sewer and water facilities and which is located south of County Road 33 and east of State Highways 169 and 101 . Section 3 . Term. This ordinance shall be effective upon publication as provided by law and shall terminate 365 days thereafter, unless extended by action of the City Council . Passed and adopted by the City Council of the City of Elk River, this day of , 1994 . Henry A. Duitsman, Mayor Attest : • Sandra Thackeray, City Clerk 2 . PKB:JB5s