5.2 PCSR 10-25-1994 ITEM NO. 5.2.
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MEMORANDUM
TO: PLANNING COMMISSION
FROM: GARY SCHMITZ, PLANNING ASST.
DATE: OCTOBER 25, 1994
SUBJECT: REQUEST FOR A REZONING BY THE
CITY OF ELK RIVER - PUBLIC
HEARING, CASE NO. ZC 94-12
REQUEST
The City of Elk River is requesting to rezone Sandpiper Estates and
Sandpiper Estates 2nd Addition from Rlc (Single Family Residential), to Rlb
(Single Family Residential).
LOCATION
• Sandpiper Estates and Sandpiper Estates 2nd Addition
ZONING/LAND USE
Rlc (Single Family Residential)/MR (Medium Density Residential)
ATTACHMENTS
Location Map, Zoning Map, September 19, 1994 memo to the City Council,
September 19, 1994 City Council Minutes, excerpt from Resolution 94-91
approving Western Area improvements.
BACKGROUND
At the September 19, 1994 City Council meeting, the Council directed staff to
initiate rezoning Sandpiper Estates and Sandpiper Estates 2nd Addition
from Rlc (Single Family Residential) to Rlb (Single Family Residential). The
rezoning is the result of Resolution 94-91 which amended the Western Area
Phase II Improvement Project, deleting Sandpiper Estates and Sandpiper
Estates 2nd Addition at this time from the extension and assessment of city
• utilities. A condition of the resolution was to rezone Sandpiper Estates and
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Sandpiper Estates 2nd Addition to Rlb to better reflect a large lot„ non-city
sewered residential parcels.
WESTERN AREA IMPROVEMENT
The City is in the process of extending city utilities to the County Courthouse
property via 183rd Avenue. The proposed improvements will involve the City
extending a trunk line through the Sandpiper Addition. However, at this
time no laterals will extend into the subdivision. By not extending laterals
into the development, property owners will be required to have a minimum of
one-acre lots with 160 feet of frontage. No lot splits will be allowed until
lateral sewer and water are extended into the subdivision. The future
extension of lateral sewer and water to the Sandpiper Addition must result
either a petition from a majority of the property owners or environmental
concerns which would force the City to make the decision to extend the
utilities.
SANDPIPER ESTATES AND SANDPIPER ESTATES 2ND ADDITION
The Sandpiper Estates Additions were platted in 1986 and 1987 into 44
single family lots with one-acre minimum lot sizes. Approximately half the
• parcels have been built upon and all have private wells and septic systems.
All the homes were constructed in the late 80's or early 90's with new septic
systems. A septic system, if properly maintained, has an expected useful life
of 10 to 15 years and possibly longer. The City has and will continue to
advise future property owners and builders about the future extension of
utilities and encourage residents to locate their homes on one side of the
parcel to allow for further subdivision once city utilities are extended into the
subdivision.
R1B ZONING DISTRICT
The request involves rezoning Sandpiper Estates and Sandpiper Estates 2nd
Addition from Rlc (Single Family Residential) to Rlb (Single Family
Residential). The Rlb zoning district allows a minimum non-sewered lot size
of 1 acre and a minimum city sewer lot size of 12,000 square feet in size. All
the parcels in the Sandpiper Additions are a minimum of one acre in size.
Therefore, no lots will be considered non-conforming.
RECOMMENDATION
It is recommended that the request by the City of Elk River to rezone
Sandpiper Estates and Sandpiper Estates 2nd Addition be approved based on
III the following findings:
s:council:zc94-12
• 1. Sandpiper Estates is currently not serviced by city water and sewer
and has a minimum lot size of one acre. The R-lb zoning designation
better reflects these existing conditions.
2. Rezoning the property to R-lb will not compromise the integrity of the
proposed land uses.
3. The R-lb zoning designation allows for one acre non-sewered
residential parcels to exist until the time that sewer and water is
extended to the subdivision.
4. Deleting Sandpiper Estates and Sandpiper Estates 2nd from the
Western Area improvements is a change in conditions which warrants
the rezoning.
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CASE: ZC 94-12
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A( ENDA ITEM 7.11
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AkRiper MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVEN B. ACH, CITY PLANNER — -
DATE: SEPTEMBER 19, 1994
SUBJECT: CONSIDER INITIATING A REZONING
OF SANDPIPER ESTATES
ISSUE
As set forth in Resolution No. 94-91 amending the Western Area Phase II
Improvement Project deleting Sandpiper Estates, one of the conditions set
forth is that the City will rezone Sandpiper Estates to an appropriate zoning
designation providing for a minimum lot size of one acre for those properties
not connected to City sewer and water. At this time, one option may be to
• consider the Rib (Single Family Residential) zoning district which requires a
minimum lot size of one acre for non sewered areas and a minimum lot size of
12,000 square feet when City services are available. Either this zoning
district or a new zoning district with comparable standards should be
consider for the Sandpiper Estates subdivision.
REQUESTED ACTION
It is recommended the City Council initiate the rezoning of Sandpiper
Estates subdivision to an appropriate zoning designation to maintain a
minimum lot size of one acre until City services are made available. If the
City Council initiates this rezoning application, staff will present the
rezoning to the Planning Commission on October 25, 1994, and forward that
application to the City Council on November 21, 1994.
1111
sandpip.council
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
City Council Minutes Page 18
September 19, 1994
• THE MOTION FAILED 3-2; COUNCILMEMBERS HOLMGREN AND SCHEEL OPPOSED.
COUNCILMEMBER FARBER MOVED TO RECONSIDER THE PREVIOUS MOTION
RELATING TO THE BUSINESS PARK REZONING. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO CONTINUE ACTION ON THE BUSINESS PARK
REZONING REQUEST TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.10. Consider Initiating Applications as a Follow-up to Rezoning to Business park
COUNCILMEMBER FARBER MOVED TO CONTINUE ACTION ON THIS ISSUE TO THE
OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.11. Consider Initiating rezoning of Sandpiper Estates
Steven Ach, City Planner, recommended that the City Council initiate the
rezoning of Sandpiper Estates Subdivision to an appropriate zoning designation to
maintain a minimum lot size of one acre until city services are available.
COUNCILMEMBER DIETZ MOVED TO INITIATE THE REZONING OF SANDPIPER ESTATES
SUBDIVISION TO A ZONING DESIGNATION OF A MINIMUM ONE ACRE LOT SIZE UNTIL
• CITY SERVICES ARE AVAILABLE. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
9. Other Business
The City Administrator informed the City Council that the City has received a Soil
and Water Conservation Grant. The grant will be used for continued rip rap work
along the river bank.
The City Administrator informed the City Council of the upcoming 2001
Conference.
10. Adjournment
There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the City Council adjourned at 11:00 p.m.
Respectfully Submitted,
• Sandra A.Thackeray
City Clerk
JFFMAN DALY LINDGREN 612-8963265 09.09. 1994 12: 09 F 3
EXCERPT FROM RESOLUTION 94-91
by City assessment practices . The purpose of this policy
is to protect the public health, safety and welfare by
providing safe drinking water, sanitary sewer service and
proper storm water management to all properties within the
City' s urban services district. This will remain the
City' s policy.
2 . Sandpiper Estates presents a unique situation for the
following reasons :
(a) All lots within Sandpiper Estates are at least one
(1) acre in size or larger. These large lots provide
sufficient room for on-site storm water management
and for on-site septic systems, including repairs and
extensions of systems that may fail .
(b) Sandpiper Estates is a new subdivision with existing
wells and septic systems which are only a few years
old. These on-site systems, if properly maintained,
can be expected to function adequately for 10 to 15
additional years .
(c) Sandpiper Estates is located on generally stable
soils far from any public waters . The potential for
failed septic systems to pollute public waters
appears to be minimal .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota, as follows:
1. The City Engineer is directed to delete Sandpiper
Estates from the Western Area Phase II Improvement
Project. Although trunk sanitary sewer and water
lines will be installed under 183rd Street through
Sandpiper Estates, no lateral lines or individual
service stubs will be extended from these trunk
facilities to serve Sandpiper Estates, and no
properties within Sandpiper Estates will be allowed
to connect directly to the trunk lines . Following
installation of the trunk facilities, 183rd Street
will be returned to its existing condition within
Sandpiper Estates .
2 . None of the forty-four (44) lots within Sandpiper
Estates will be assessed any amounts for public
improvements related to the Western Area Phase II
Improvement Project .
A 1 3 . The City will proceed to rezone the Sandpiper Estates
Subdivision to the City' s R-1B zoning district, or to
a new zoning district, providing a minimum lot size
of one acre for properties not connected to City
• sewer and water. By this Resolution, the Council
adopts a moratorium preventing any lot splits within
2 .
HOFFMAN DALY LINDGREN 612-8963265 09.09. 1994 12: 10
the Sandpiper Estates Subdivision which result inE �
lot being less than one acre, until the entire any
Sandpiper Estates Subdivision is rezoned into an
appropriate zoning district providing for a minimum
one acre lot size for lots not connected to City
water and sewer.
4 . Sandpiper Estates will remain in the City's sewer and
water district . However, it is this City Council ' s
intent that:
(a) No lot within Sandpiper Estates will have access
to sanitary sewer and City water service unless
that lot has paid its fair share for the cost of
trunk sanitary sewer and water facilities
installed as part of the Western Area Phase II
Project, and any lateral facilities necessary to
make sanitary sewer and water service available
to that lot.
(b) City water and sanitary sewer service will not
be extended into or made available within
Sandpiper Estates unless :
(i) A majority of the property owners within
Sandpiper Estates petition the City to
• install sanitary sewer and City water and
agree to pay the cost of extending
utilities through the Subdivision as
provided by the City' s policies in effect
at the time of the petition; or
(ii) The City Council of the City of Elk River
orders the installation of utilities within
the Sandpiper Estates Subdivision to
address environmental or other concerns .
(c) Decisions with respect to future installation of
sanitary sewer and water service into Sandpiper
Estates will be made pursuant to then existing
state laws and City ordinances and policies.
This City Council does not intend to bind any
future City Council which may be required to
address this issue.
Passed and adopted by the City Council of the City of Elk River
this / ? 'day of September, 1994 .
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• �Henz,1 A. Duitsman, Mayor
3 .