7.17 ek?
ITEM 7.17.
ty of
1kRiver MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach, City Planner
DATE: February 27, 1996
SUBJECT: Ordinance Amendment Request by
the City of Elk River, Public Hearing
Case No. OA 96-2
Request
The City of Elk River is bring forward an ordinance amendment to consider
deleting the requirement that commercial and industrial development within
the urban service district be required to hook up to city water and sewer in
order for development.
• Overview
This issue has been presented and discussed with the Planning Commission
at an earlier workshop, as well as a joint meeting with the Planning
Commission and City Council and representatives of the Chamber of
Commerce. The primary issue at hand is whether to continue with a
fundamental growth management strategy which controls commercial and
industrial development from occurring unless water and sewer is available.
Representatives from the Chamber of Commerce Development Committee
were also present at the joint meeting and offered suggestions to facilitate
development prior to City water and sewer. Suggestions were made for both
residential and commercialindustrial development. See attached for specific
Chamber of Commerce Development Committee comments.
If the current ordinance is left in place, the next question becomes, "What can
be done with the property prior to sewer and water?" This question may need
to be discussed at an upcoming meeting by the Planning Commission,
depending upon the outcome of this ordinance request. The idea expressed
by the Chamber of allowing "low-impact" development should be further
explored, starting with defining what "low-impact" actually means.
• Please refer to the attached memo for additional information.
s:\planning\pc\oa96-2.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Recommendation
It is recommended the Planning Commission recommend denying the
ordinance amendment and maintaining the current ordinance which allows
commercial and industrial development to occur in the urban service only
when water and sewer is available. It is also recommended that the
Planning Commission discuss appropriate uses prior to city water and sewer
being available.
•
• TO: ELK RIVER CITY COUNCIL/PLANNING COMMISSION WORKSHOP
FROM: CHAMBER OF COMMERCE DEVELOPMENT COMMI IT bE
SUBJECT: DEVELOPMENT IN AREAS IMPRISONED BY URBAN SERVICE AREA
BOUNDARIES
SUGGESTIONS:
Commercial/Industrial Uses
1. Allow low-impact development with lot size determined by sewage flow and usable
acreage of lot. Consideration should be given to the type of effluent discharged as
well as the quantity.
2. Minimum one acre sites.
3. Two drain leld-sites required - the areas to be determined by flow calculations.
4. Future assessment rights waived with deed covenants or another method so the
• waiver is binding to seller and buyer.
Residential Uses
1. Minimum 5 acre parcels with re-development plan.
2. Two drainfield sites.
3. Future assessment rights waived with deed covenants or another method so the
waiver is binding to seller and buyer.
4. Possible PUD and a cluster development to facilitate future re-subdivision.
Note: Under current ordinance, NAPA, Saxon Motors, Furniture & Things Warehouse,
and building occupied by Custom Cutter Grinding could not be built.
y of � MEMORANDUM
lk
Jiver TO: Mayor & City Council
Planning Commission
FROM: Steven B. Ach, City Planner_ __
DATE: February 19, 1996
SUBJECT: Growth Management
Introduction
With the recent adoption of the Comprehensive Plan, which included an
expanded urban service area, the city needs to revisit and assess its current
growth management policies and ordinance requirements to make sure these
policies and ordinances will implement the adopted Comprehensive Plan.
The City of Elk River's 1988 and recently adopted 1995 Comprehensive Plan
endorsed a basic growth management strategy to develop from the central
core outward in an orderly manner.
• This approach is the typical development pattern any city or region will
adopt to achieve managed growth. Simply put, as utilities, streets, and other
infrastructure is extended by either a city initiated project or developer
driven, development occurs accordingly. From a public policy standpoint,
this development pattern utilizes strong planning principles, prudent fiscal
management, and minimizes early investment in additional public services.
What does the ordinance say today regarding controlling commercial
and industrial development?
The current zoning ordinance states that "All commercial and industrial
development within the urban service area must hook up to city water and
sewer". However, prior to expanding the urban service area down East
Highway 10, this requirement only affected vacant commercial and industrial
(Business Park) zoned property along West Highway 10, industrial property
along Proctor Avenue (north of public works facility), and some commercial
property along Highway 169 (Hillside Estates, Earl Hohlen). However, now
that the urban service area has been expanded down East Highway 10,
several vacant commercial and industrial properties are subject to this
ordinance.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to City Council and Planning Commission Page 2
February 19, 1996
•What ordinances are in place controlling the growth of residential
development?
The intent of the ordinance for all property zoned residential within the
urban service area is to have these areas developed as urban sized lots
(10,000-14,000 square feet). What is not clearly stated in the ordinance is the
minimum lot size if a property owner wanted to subdivide residential
property prior to city water and sewer. As staff has stated in the past, under
these conditions, the minimum lot size should be kept as large as possible (10
acres) to provide for the efficient extension of utilities at a later date.
The second problem that currently exists is that the newly expanded urban
service area between County Road 12/13 is zoned Rla. This zoning
designation allows a minimum lot size of 2-1/2 acres. Assuming this area
will ultimately be developed with city water and sewer, the zoning and/or
minimum lot size will have to be increased for the reasons stated above.
In no way are these proposed increases in the minimum lot size suggesting -
that no one can subdivide their property. This merely is an attempt to _
manage the subdivision of land and preserve the opportunities for either the •
city or landowner (developer) to extend utilities in an efficient manner. •
Why not allow commercial and industrial development to occur prior
to having city water and sewer available?
First of all, it is important to highlight the size and geographic area of the . .
urban service boundary. If commercial and industrial development had no
boundaries, there would be no management to this growth pattern.
Development could occur in a scattered/random pattern throughout the entire
urban service district. Secondly, it should be made clear that commercial and
industrial development can occur without city water and sewer. This has
happened along east Highway 10 for years. It is also happening along
Highway 101 between Rogers and Elk River as well as though the City of
Ramsey. However, this type of development can be different than what may
be found in a sewer and water area. If development without water and sewer
was to occur, several questions would need to be asked:
• How difficult will it be for the city or landowners to extend utilities
at a later date given the existing business that may be in place?
• Why would property owners near the edge of the urban service
district have any interest in developing with city water and sewer?
•
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Memo to City Council and Planning Commission Page 2
February 19, 1996
• What ordinances are in place controlling the growth of residential
development?
The intent of the ordinance for all property zoned residential within the
urban service area is to have these areas developed as urban sized lots
(10,000-14,000 square feet). What is not clearly stated in the ordinance is the
minimum lot size if a property owner wanted to subdivide residential
property prior to city water and sewer. As staff has stated in the past, under
these conditions, the minimum lot size should be kept as large as possible (10
acres) to provide for the efficient extension of utilities at a later date.
The second problem that currently exists is that the newly expanded urban
service area between County Road 12/13 is zoned Rla. This zoning •
designation allows a minimum lot size of 2-1/2 acres. Assuming this area
will ultimately be developed with city water and sewer, the zoning and/or
minimum lot size will have to be increased for the reasons stated above.
In no way are these proposed increases in the minimum lot size suggesting -
that no one can subdivide their property. This merely is an attempt to _ . -
manage the subdivision of land and preserve the opportunities for either the -
• city or landowner (developer) to extend utilities in an efficient manner.
Why not allow commercial and industrial development to occur prior
to having city water and sewer available?
First of all, it is important to highlight the size and geographic area of the
urban service boundary. If commercial and industrial development had no
boundaries, there would be no management to this growth pattern.
Development could occur in a scattered/random pattern throughout the entire
urban service district. Secondly, it should be made clear that commercial and
industrial development can occur without city water and sewer. This has
happened along east Highway 10 for years. It is also happening along
Highway 101 between Rogers and Elk River as well as though the City of
Ramsey. However, this type of development can be different than what may
be found in a sewer and water area. If development without water and sewer
was to occur, several questions would need to be asked:
• How difficult will it be for the city or landowners to extend utilities
at a later date given the existing business that may be in place?
• Why would property owners near the edge of the urban service
district have any interest in developing with city water and sewer?
•
s:\council\gmp.doc
Memo to City Council and Planning Commission Page 3
February 19, 1996
• What happens to commercial and industrial property values if
• development was to occur throughout the entire urban service
district?
• Are there any long term affects upon the integrity of the entire
commercial and industrial base?
• What is the impact to the tax base if industrial development cannot
happen until city water and sewer is available?
• What are the costs to the city and development community to
redevelop underutilized properties when; and if, water and sewer is •
extended?
• Will development without water and sewer compromise long range
planning and transportation needs since these developments may
be perceived as temporary and located outside of the urban core?
• Without water and sewer, will available land be more attractive to
less intense commercial and industrial uses?
• Why would a property owner (developer) request water and sewer if
their development could be constructed without water and sewer?
• Will public safety (i.e. fire and police) be compromised by having
buildings built with provisions for future sprinkling or other public
safety needs when water and sewer finally "gets there"?
• What happens to the existing inventory of commercial and
industrial if development is allowed to continuously extend out
• away from the core?
These are just a few of many questions related to this subject.
Unfortunately, the answers are difficult and certainly contain two points of
view. These questions should be explored to fully understand the dynamics
of this issue.
How can commercial and industrial property be utilized prior to
water and sewer being available?
One option to consider is allow interim uses without water and sewer as a
conditional use permit in either the commercial or industrial district. State
Statutes allow cities to issue conditional use permits for interim uses under
certain guidelines. These guidelines may include issuing a permit for a
temporary use for a limited number of years upon which it would expire.
Certainly, attaching a sunset date to uses could present a problem if these
uses are expiring prior to the property having access to water and sewer.
Although the interim use or temporary use seems like a reasonable approach,
there are some pitfalls. The first question that always comes up is "what is
temporary"? Temporary may have several different meanings depending
• upon whom you're talking with. For example, I learned the other day that
s:\council\gmp.doc
Memo to City Council and Planning Commission Page 4
February 19, 1996
School District has had temporary buildings out in front of their high school •
for the past 15 years. I've also heard "temporary" discussed as one or two
years; so the point is, it is very difficult to define temporary and even more
difficult to come up with a finite list of uses that could be considered as
temporary. Therefore, from an administration standpoint, the whole concept
of temporary becomes very subjective and difficult to interpret, as well as
enforce.
The most common method used by cities to identify allowable uses prior to
city water and sewer is to allow uses commonly found in a low density
residential or agricultural zoning district. These cities will have properties
that are presently not served with city water and sewer, zoned as a holding
district or, in Elk River's case, Rla or A-1. This method of establishing a
zoning designation, along with a specific list of allowable uses, clearly
identifies how property, whether it be residential, commercial or industrial,
can be used prior to city water and sewer.
The difficulty Elk River has is that a majority of the property is currently
zoned for its ultimate use. Therefore, trying to implement the system
described above may be very difficult given our current situation. The option
Elk River may wish to pursue is amending the zoning ordinance to identify
certain uses such as those found in the A-1 or Rla zoning district, that can be •
used on properties zoned commercial and industrial that do not have city
water and sewer.
Can there be a compromise to allow development prior to water and
sewer?
Compromise on this particular issue goes beyond having a property owner or
developer waive their rights to future assessments and guaranteeing hook up
to utilities when available. These arrangements are well intended when
executed, however, for some reason, be it time, change of property owners, or
whatever, inevitably the City Council is confronted with an emotional and
difficult issue. It is at this point that all previous bets are off and reality
takes over. At this point, property owners and City Council are sitting across
the table from one another discussing the actual costs and hardships that
may result.
Summary
Growth management is a proven method throughout the country that cities
have adopted in order to reduce public costs, managed traffic, preserve
farmland, protect against environmental problems, and simply maintain a
quality of life for the community. Although growth management is viewed as •
s:\council\gmp.doc
Memo to City Council and Planning Commission Page 4
February 19, 1996
11) School District has had temporary buildings out in front of their high school
for the past 15 years. I've also heard "temporary" discussed as one or two
years; so the point is, it is very difficult to define temporary and even more
difficult to come up with a finite list of uses that could be considered as
temporary. Therefore, from an administration standpoint, the whole concept
of temporary becomes very subjective and difficult to interpret, as well as
enforce.
The most common method used by cities to identify allowable uses prior to
city water and sewer is to allow uses commonly found in a low density
residential or agricultural zoning district. These cities will have properties
that are presently not served with city water and sewer, zoned as a holding
district or, in Elk River's case, Rla or A-1. This method of establishing a
zoning designation, along with a specific list of allowable uses, clearly
identifies how property, whether it be residential, commercial or industrial,
can be used prior to city water and sewer.
The difficulty Elk River has is that a majority of the property is currently
zoned for its ultimate use. Therefore, trying to implement the system
described above may be very difficult given our current situation. The option
Elk River may wish to pursue is amending the zoning ordinance to identify
• certain uses such as those found in the A-1 or Rla zoning district, that can be
used on properties zoned commercial and industrial that do not have city
water and sewer.
Can there be a compromise to allow development prior to water and
sewer?
Compromise on this particular issue goes beyond having a property owner or
developer waive their rights to future assessments and guaranteeing hook up
to utilities when available. These arrangements are well intended when
executed, however, for some reason, be it time, change of property owners, or
whatever, inevitably the City Council is confronted with an emotional and
difficult issue. It is at this point that all previous bets are off and reality
takes over. At this point, property owners and City Council are sitting across
the table from one another discussing the actual costs and hardships that
may result.
Summary
Growth management is a proven method throughout the country that cities
have adopted in order to reduce public costs, managed traffic, preserve
• farmland, protect against environmental problems, and simply maintain a
quality of life for the community. Although growth management is viewed as
s:\council\gmp.doc
Memo to City Council and Planning Commission Page 5
February 19, 1996
a sound public policy, it may also burden property owners along the way.
• This issue is very important to the residents of Elk River, development
community, and affected property owners. Therefore, an open discussion and
exchange of information is a good platform to begin formulating decisions to
achieve the goals for the entire City of Elk River.
s:\council\gmp.doc
•
•
s:\council\gmp.doc
SHARING THE BENEFITS AND COSTS
S
OF GROWTH MANAGEMENT
IN MINNEAPOLIS
Terry Jill Lassar
Based on a current ULI research pro- sewers, parks, and airports—as burdening septic tanks, some of
gram to identify and describe effec- well as for solid waste manage- which drained into the lakes.
tive growth management programs, ment,water,housing, and health. Urban sprawl was on the rise.
this article is the fifth in a series of State law requires the region's A lack of distinct geographic fea-
reports on growth management ap- 189 cities and townships to adopt tures encouraged development
proaches used by local governments. comprehensive plans consistent to spill out in all directions. (Not
From time to time, Urban Land with the council's regional systems even the Mississippi River, which
will continue to publish reports on plans.In the mid-1970s, the council divides St. Paul and Minneapolis,
other programs.—Editor adopted a growth management poses a barrier because it is so
program that steers development amply bridged.) As former Min-
he Metropolitan Council to designated areas. neapolis mayor Arthur Naftalin
Tof the Twin Cities metro-
The council's real strength, ac- has observed, "The ease with which
politan area is the envy of cording to its former chair, Steve the land radiating from Minneap-
0 every council of governments Keefe,is that its powers are limited olis and St.Paul can be developed
(COG)in the United States. Why? to providing concrete solutions is a fundamental cause of both
to specific and widely recognized the region's problems and the
Because it has real power. For
more than 20 years, the Met problems affecting the region. rise of a regional identity." (Mak-
Council has been directing re- "Regional government in this ing One Community Out of Many,
area,"says Keefe, "is used as an published by the Metropolitan
gional planning and growth man
agement in its domain—a seven- instrument to accomplish certain Council, 1986)Among the 25
county area centering around narrow regional goals, not as an largest U.S. metropolitan areas,
end for its own sake." the Twin Cities region weighs in
Minneapolis and St. Paul, encom-
The council's growth manage- with one of the lowest densities.
passing 3,000 square miles and
having a population of 2.2 million, ment program is an instrument The average suburban jurisdic-
roughly half the state's total pop for fostering orderly growth. Un- tion has a population of 20,000.
ulation. Whereas most COGS like many fast-growing jurisdictions As a consequence of low-density
are primarily advisory bodies, the that have adopted techniques to development patterns, cities were
Met Council wields effective im- dampen growth, the Twin Cities forced to build facilities (sewer
plementation and enforcement area has taken a consistently trunks in particular)at tremendous
tools.Most COGs have depended prodevelopment stance. expense for scattered, small pock-
on pass-through moneys from ets of urban development.Roads,
now-defunct federal planning A Little History water lines, and sewer lines pro-
grants and on voluntary contribu- vided haphazardly to serve new
tions from participating local gov- In the 1960s, a series of related development burdened many
ernments. Financed by an area- problems confronted the region. suburban jurisdictions with infra-
wide property tax, the Met The most pressing issue was sew- structure capacities that greatly
Council is relatively independent. age disposal. The disposal system exceeded needs.
The Met Council develops re- was operating at maximum capac- The outward movement of peo-
gional long-range plans for the ity and newer suburbs could not pie and industry caused a precipi-
four basic metropolitan service gain entry.Burgeoning popula- tous drop in the population of the
systems—highways and transit, tions in far-out suburbs were over- two central cities after 1950.The
III
20 February 91/ 'JLii fl 1T ,Ji ,
ffect of this decline on the two a Fully Developed *
hies' tax bases and provision of Area
services was a matter of concern. Commercial
Also of growing concern at Agricultural Area Anoka County
this time were the disappearance Developing Area
of agricultural land at an alarming 0 General Rural Use Area
rate, the state of transit and trans- • Metropolitan
portation, the need for parks and Centers •
•
•
open sace increasing disparities ■ FreestandingGrowth Washington
in the fiscal conditions of the Centers County
Regional Business He�tnrp County
region's cities and townships, and >n _ v � Ramsey
Concentrations County
a lack of solid waste sites. • ♦ A
Intense concern about these . Rural Centers • •
emergent problems readied the • -.011-*:-'' ■ • it. '''?i.;•
region
region for a comprehensive growth ,•gCttuuap iia • ■
strategy. Additionally, its balkan- • •
ization argued for a strong re- • 4 • .
gional entity to carry out such a . ., `s. • •
strategy(or, alternately, for mas- Carver County Bloomin
sive state-ordered annexation to •
reduce the number of players).
In 1967, the Met Council wasZ •
established, replacing the Twin lakilla County •
Cities Metropolitan Planning 116 Scott County
Commission,which had func- .—'
tioned since 1957 much like other • • •
councils of government.The Met ••
inkCouncil exists at a midpoint be—it—%—j
ween the state government and
local governments. Its raison
d'être is to initiate,coordinate,re-
view,and approve undertakings services boundary—Metropolitan various timing mechanisms, but
of regional significance.The gov- Urban Service Area(MUSA)— eventually decided against it be-
ernor appoints the chair and 16 within which urban services would cause of its potential for driving
members to staggered four-year be confined,and designated areas up land prices and housing costs.
terms.The council sets policies where new development would For the same reason, it drew the
that are implemented in part by be encouraged or discouraged MUSA boundary generously—
other metropolitan agencies: the (see map).Development would be some say too generously.
Metropolitan Airports Commis- encouraged in metropolitan centers
sion,Metropolitan Parks and (Minneapolis and St.Paul),regional Fiscal Disparities Program
Open Space Commission, Metro- business concentrations(major shop-
politan Sports Facilities Commis- ping malls and office centers along A system that encourages devel-
sion, Metropolitan Transit Corn- major highways),fully developed opment in some areas but not
mission and Regional Transit areas, developing areas, and 11 free- others,creates winners and losers.
Board, and Metropolitan Waste standing rural centers (medium- To help equalize the impacts of
Control Commission. sized cities with their own employ- this growth-management system,
ment base, housing, and public a tax-base-sharing program was
The Growth Management services that are located in the rural devised. This program distrib-
S stem portion of the region). Develop- utes the economic benefits of
3' ment would be discouraged, and new commercial and industrial
A primary goal was to manage the provision of major growth-in- development throughout the
the provision of urban services ducing infrastructure verboten, metro area.
more efficiently by maximizing in commercial agricultural areas and The fiscal disparities program,
the use of existing facilities be- general rural use areas. as it is called, was enacted by the
efore building new ones.To that The council flirted with the idea state legislature in 1971. It is not
end, the council drew an urban of sequencing development via operated by the Met Council.The
JIAJidi 14.111']/ February 91 21
•
4'
4
• program enables all cities in the 12-, 16-ounce gloves. Everyone is those developed since 1971; and
metropolitan area to receive a swinging just as hard as they to include residential property in
share of the growth in the area's were before but the impact has the tax-base calculation.
tax base, irrespective of the physi- been lessened." However, the program has re-
cal location of the added tax base. The vast majority of cities and mained virtually unchanged for
Every city is required to deposit townships participating in the fis- almost 20 years. It is difficult to
40 percent of its commercial/ cal disparities program receive change because most jurisdictions
industrial tax-base growth in a more funds from the pooled tax gain under it. Even in Hennepin
regionwide pool.The funds are base than they contribute, but 30 County, which is the only county
redistributed to communities ac- contribute more than they receive. loser, the majority of its 46 mu-
le
cording to a formula based on Some 15 percent of the region's nicipalities gain more than they r.
•
population and market value of localities provide almost 95 per- contribute. Noting that at least '
property. cent of the pooled funds. The five of the 15 largest losers philo-
The brainchild of the Citizens largest county contributor is sophically support the program,
League,a nonprofit public interest Hennepin, home to both Minne- Minneapolis lobbyist Barnhart
group, the fiscal disparities pro- apolis and Bloomington, the warns that if their losses become
gram is sui generis. Although tax- region's largest suburban jur- excessive, they may press harder
base-sharing programs operate in indiction. for changes. ',
a few other places in the country, For the most part, the jurisdic- (It should be emphasized that
they are far less comprehensive tions that are winners (net receiv- the tax-base-sharing law is just one
and lack ties to an overall regional ers of funds) and losers (net con- of several programs whose aim is
A.
planning system. tributors of funds)under the to equalize fiscal disparities.The f
The intent was for the fiscal dis- program have not changed over state long has provided a major z
parities program to accomplish the years.The most dramatic share of municipal operating ex-
three goals: lessen the intraregio- crossover has been Minneapolis. penses. In the early 1970s, Minne-
nal competition for commercial/ Until 1984, Minneapolis's net re- soca took over the financing of
industrial development, known ceipts were absolutely the largest. public schools, based on uniform ,,
• wischool taxes throughout the state �'
as fiscal zoning; promote more For the last six years, the city has g
efficient land use patterns; and been a net contributor and, forte the state making up the short
reduce fiscal disparities among three of those six years, the larg- fall; today 64 percent of the pub-
local governments. In fact, the est gross contributor. (However, lic education budget comes from
program has not influenced de- other communities, such as state funds.) t
velopment patterns significantly, Bloomington, are larger net con-
largely because planning and zon- tributors.) Cumulatively, the dol- 1
Tools for Implementation
ing remain under local control. lar amount of Minneapolis's losses
Moreover, the aggressive use of exceeds its gains.The city's cross- Requirement for Comprehen-
tax-increment financing in the over from recipient to contribu- sive Planning.The Met Council's
area is proof that competition tor, a testament of sorts to the power to manage growth was
for development remains stiff. success of the tax-base-sharing strengthened by the Metropoli-
On the other hand, tax-base program, is the result primarily tan Land Planning Act of 1976,
sharing has reduced the differ- of recent explosive downtown which requires all local govern-
ences in local tax bases. As re- growth. ments in the area to adopt com-
ported in a recent Citizens League The harshest critics of the tax- prehensive plans.These plans e
study, the gap between the high- base-sharing program are jurisdic must be consistent with the
est and lowest commercial/ tions that qualify as losers.Bloom- council's metropolitan systems
industrial tax bases is 17 to one. ington, for example, was one of plans for airports, parks,transpor-
Without tax-base sharing the dif- the communities that contested tation,and sewers,which—together
ference would be 170 to one. the program in court in the early with the council's "Metropolitan
What the fiscal disparities act 1970s. But most critics usually Development Guide" and that a
has done, says Bill Barnhart, lob- suggest fine-tuning, rather than guide's keystone, the "Metropoli-
byist for the city of Minneapolis, gutting, the program.They have, tan Development and Investment
is "lessen the effect of not being for example, tried to lower the Framework"—function as the re-
a big winner." In an analogy with contribution percentage from 40 gional comprehensive plan. ,
boxing,he says, "In the 1800s, to 30 percent; to include all corn- The land planning act explic-
• prizefighting was done with bare mercial/industrial properties in
itly requires local zoning and cap
knuckles. Now boxers wear 10, the formula, rather than only ital improvements programs to
'.
22 February 91/?A'3 ? Maril l�
i
i
econsistent with the regional 3
ystems plans and the approved
comprehensive plans. Local capi-
tal improvements programs must
mesh with the map, text, and cap- °
ital improvements program out- • _ ,'
lined in the systems plans. Cities
generally control the location of '. ".
new development as long as they '
keep within the capacity of systems %.o.-.7714-1!:' }i W ' y
allocated to them. ,?....7,r-t,"•:-.,,,:--.7-- __.-..,,,j.„,„:„.-_.,.- _,-„_,_- t '
Most of the local plans were ..-:-.4 .
' ' � "
submitted during the early 1980s. -...w...#--•--....:---,,-;o _ � f ..
The Met Council completed its
.� .«c ,+ . &,
---
consistencyreviews by1983 and - "'• -4,.. `� -.=
accepted most of them. Local ju- :. yJ =` ,
y
risdictions also are charged with r � „,t-..r:.:___
1` .ti "* < Y ; ,,r' ` '” ;
making whatever adjustments ., .,. = _ _ , -- .,-�'
are necessitated by quinquennial Agriculture is the best long-term use for much of the region's"rural service area,"
updates of the metropolitan according to the policies of the Met Council.
systems plans.
Some critics complain the con-
sistency test is too easy to meet. delayed a project. Instead, it has the Met Council lost its most pow-
The
owThe consistency review is under- used the act mainly to leverage erful enforcement mechanism.
taken mainly by local jurisdictions, changes. Keefe likens the power During the heyday of federal
with the Met Council's role limited to nuclear weapons: "The reason funding, the council applied A-95
to ruling on the plan's consistency you have them is not because you to review proposals for metropoli-
with the basic regional systems want to use them; it's because tan commission plans,park grants,
plans for airports, transportation, you get invited to all the peace art grants, community develop-
sewers, or parks. On the ques- conferences. Once the council ment block grants, and housing
tion of a plan's consistency with had a means to force its way to proposals. It used A-95 review
other regional goals—such as af- the table, the broader regional aggressively to implement its
fordable housing or environmen- perspective began to have a legiti- fair-share housing policy, which
tal protection—the council can mate place along with the vari- is written into the Metropolitan
merely make recommendations. ous particular interests of the Development and Investment
It has been suggested that the communities involved." Framework, effectively goading
Met Council's review powers be For example, in a review re- suburban communities into build-
expanded to enable the council quested by the cities of Minneapo- ing substantial amounts of subsi-
to initiate the determination of lis and St. Paul of the 4.2 million- dized low-income housing.The
consistency rather than to re- square-foot Mall of America project council also used A-95 review ef-
spond passively to the plans sub- in Bloomington, a joint develop- fectively to distribute moderate-
mitted. ment of Herbert and Melvin Simon income housing throughout the
Review of Major Developments. and the Ghermezian brothers, Twin Cities and into the suburbs.
The 1976 Metropolitan Signifi- the council used the Metropolitan Politicians liked A-95, which al-
cance Act empowers the Met Significance Act to pressure the lowed them to promote a region-
Council to delay approval of prof- developers to shrink the office ally balanced housing system
ects deemed to be of metropoli- component by some 2 million while avoiding the political heat:
tan significance.The council may square feet, comply with traffic "The devil made me do it to
block new housing projects, shop- mitigation measures, and scrap keep the federal funding."
ping centers, and other major de- plans for a convention center. More recently, the council lost
velopments that, in its judgment, A-95 Review and Other Lost another important implementa-
do not conform with regional Tools. With the demise of much tion tool. In unusual deference
systems plans. federal funding during the 1980s to a regional growth policy, the
Although the council has been and the expiration of A-95 review— local HUD (U.S. Department of
•asked to undertake more than a the federal requirement for re- Housing and Urban Develop-
dozen such reviews, it has not yet gional review of grant applications— ment) office had been refusing to
URNi i. IJ/ Febniary 91 23
. -,
Y
• approve FHA (Federal Housing The council's policies of conserv- cally would be funded through
Administration) financing for ing resources and concentrating tax-increment financing—develop-
subdivision development that development in already urban- ers are not required to make off-
contravened the Met Council's ized areas clearly have promoted site infrastructure improvements.
rural-area density limits.This compact growth and more effi- However, the Met Council is in-
refusal had effectively promoted cient land patterns. Nonetheless, vestigating various systems of fees
the council's rural lands policy. the Twin Cities area is witnessing to fund roads and parks.
In 1990, the HUD office sud- the proliferation of hobby farms Traffic congestion has become
denly expanded the scope of its on the boundary edge,a common a growth concern in the Twin
review to apply to financing for problem with urban growth Cities area only recently. Because
mortgages for individual homes boundaries(see "Urban/Rural of overbuilding of state highways
as well as subdivisions. However, Boundaries:The Limits of Lim- during the 1960s and 1970s,
under mounting political pressure, its," Urban Land, December most roads were not operating
the office was instructed in Octo- 1990).These 2.5-acre "farmettes" to capacity until about five years
ber 1990 to back off altogether. contravene the council's policy ago.The council has galvanized
It no longer denies FHA financ- of limiting rural-use areas to no several public/private transports-
ing for failure to comply with the more than four units per 40 tion initiatives, including the for-
rural lands policy. acres.This phenomenon is occur- mation of a joint-governmental
•
ring mostly to the north and group to rebuild a freeway seg-
east,where soil conditions make ment.It also is working with local
How It's Working large-scale farming a relatively un- governments to explore zoning ,;
profitable occupation and the techniques that would address
The Urban Service Line.The presence of wetlands and proxim- connections between transporta-
first urban service line, drawn up ity to northern Minnesota lake tion and land use densities.
in the mid-1970s, included land country create pressure to subdi- predictability. Developers in-
to be developed until 1990, with vide the land for urban develop- terviewed for this article like the
a five-year overage.The line was ment.With most of the region's high degree of predictability fos-
tered by the regional planning
concentrated in the south,some
sures were less than expected. system. As long as they develop ;
So in 1986 the council was able northern communities are pres- within the urban service area, 5..
Suring the council to expand the they are assured that the neces a,
1 extend the ut an additional MUSA line to enhance their de
10years without addingsignifi- sary infrastructure and services
or
candy more land eligible for velopment potential. will be provided. Approval time
Underpressure to fine-tune
urban services. for major projects proposed with-
Although the current MUSA its policy to reflect the different in the MUSA boundary is remark-
line is basically unchanged, many physical characteristics of rural ably speedy in comparison with
minor adjustments have been lands, the Met Council now is re- many other parts of the country.
made.The line has been extended evaluating density requirements Approvals for one residential ,
in the agricultural and rural areas,
roughly 60 times, many of these developer's plan for a 60-acre
and considering establishing min
extensions involving parcels parcel took only one month to
imum lot sizes and clustering com Tete. The additional layer
under 10 acres.The Met Council P
is most likely to approve major options. of review undertaken by the Met
expansions that involve land trades:
The rural lands debate has Council apparently has not stalled f-
balancing a parcel moved to in- revealed a need for transitional approval times, as developers ini-
side the line with a parcel removed planning.No transitional area tially feared it would. 1
from the urban service area. between urban and rural exists Staunch Supporters and Some
under the current program.The Critics. Mostpublic andprivate
Developer concerns that the P 1
MUSA boundary would drive up council is considering a proposal sector development practitioners
land costs and push development to create future urbanizing areas, staunchly support the Metropoli-
outside the region have not been a version of staged development. tan Council. When the regional
realized, again mostly because of Development Infrastructure. system first was sketched out,
the generous supply of land within Apart from sewer hookup says Minneapolis attorney Robert
the line. Land costs have climbed charges, developers in the region Hoffman, at least 90 percent of
within the urban service areas, pay no impact fees. Unless a prof the local jurisdictions resisted the
• but not,from a developer perspec ect necessitates adding an inter idea—although only two commu-
tive, unduly. change, for example—which typi- nities actually went so far as to '.
24 February 91/rfilfkiff L_ 1 J
11110ake the comprehensive planning ' " r t ' r s '* ' -.:-..•;:-.7:',:p",,,,,.,:,47,7-- '.
process to court. Likewise, when `� x3,; 9g r t ' i'"" C—-...:4c
the 1976 land planning act was '- xt
before the state legislature, the " ''; ';,-1', . ; ",,A �: F '
homebuilders association and .„;,..L:‘,-.:;1-1-,, -(,,,,,Y � r Y .....
,,-�x ,-.1,x - z ,."4?=,t�•t
many developers joined together _ _
to lobby for its defeat.Now most
of the players,with nearly 20 years _ "i' .,
f.
of investment in the regional plan- , . +l r . r __ .- ; ,I
ning system, believe they have a _�. �� � j -
� t a �
z ; fl
stake in it and would not want to - =�j� � � - js�J f �--� � I
be without it. 1 j 1111111111mm l'mm„ �.i� �� �►
But the council is not without :/� -� - — \ I,
critics. Some suburban jurisdic / �,' ,
dons claim it unduly favors growth ' �'
in the two downtowns,sometimes -_ — 7� r . . / ,Its `'-'?
at the expense of suburban corn-
munities. Richard Geshwiler, Maintaining and upgrading highway systems serving fully developed areas is a prior-
Bloomington's planning direc—
tor, says the Met Council treats
Bloomington like a Cinderella It is questionable that the coun- ties with the largest populations
stepsister city. cil could have accomplished what never thought they would lose
Because its members are ap- it has in the absence of a strong tax base. In other words, timing
pointed, and thus lack a defined regional attitude, an attitude that was all-important.No matter how
political constituency, some per- was forged long before the council good an idea it is and no matter
sons believe the council is vulner- came on the scene. Also, in evalu- that it has proved to be a rela-
able to pressures from the gover- ating the council's growth manage- tively useful growth management
nor and legislature.The Citizens
•League and other groups have mens strategy and its potential ap- tool, tax-base sharing would most
plicability elsewhere, one must likely face daunting political resis-
been pressing for an elected consider that growth pressures in tance in many parts of the country.
council. Others believe that the the Twin Cities area have been On the other hand, says Jody
council, which represents the relatively modest. Hauer of the Citizens League,
wealthier areas of the state and What about the tax-base-sharing one of the politically attractive
half the state's population, is al- program?Could it play in Peoria? features of the program is that
ready too large and too powerful. For that matter, could it pass "it is totally self-sustaining and
again in the Twin Cities area? has required no further tamper-
Many say no. Some of the pro- ing by the legislature. Unlike
Transferability gram's most steadfast supporters many programs in other states
concede that without the conflu- where each year the legislature
Can or should the Metropoli- ence of special circumstances must appropriate new funds to
tan Council be a model for other such that occurred in 1971, such be distributed among the iocali-
U.S. metropolitan areas?What- a program probably would not ties, the tax-base sharing law
ever the problems and disappoint- pass today. In 1971, it was incon- merely reshuffles existing re-
ments, the council appears to rep- ceivable that Minneapolis would sources among the participating
resent an "unusually promising ever be a loser under the program. municipalities."■
effort at substate regional govern- Since World War II, the down-
ment," writes former mayor town had averaged only one Terry Jill Lassar is research counsel
Naftalin. It has instituted success- major project a decade. If the at ULI. In addition to those persons
fully policies that have furthered city could have anticipated the quoted in the article,she wishes to
the greater regional good, some- building surge that would push it thank other staff of the Metropolitan
times at the expense of individ- into the contributor category, it Council,particularly Barbara Senness,
ual communities. One reason the very well might not have supported Eugene Knaff,and Carl Ohm at the
the fiscal disparities program.
Citizens League, as well as Oliver
council has been more effective P P g Byrum and Steve Keefe; and various
than most COGs is that state Most jurisdictions in 1971 pre- ULI members including Peter Jarvis,
laws grant it specific implements- dicted they would gain under the
.
donRobert Engstrom, and Robert
and enforcement powers. program. And those communi- I loffman.
IMfilig,:iiiI 1.'/ February 91 25
................
III
Ways to Selectively
Influence Growth
G. Curtis Branscome
The concept of"selective growth" sug- Another valid generalization is that growth
gents that you can fine tune a local and development do not reduce the local tax
economy. I disagree. My thesis is that burden. Obviously, putting a large General
the local economy is like the national econ- Motors plant in a small city makes a differ-
omy and is not susceptible to fine tuning. ence. In general, however, densely developed
You can do some things to heat up the econ- communities have significant tax burdens.
omy, but you cannot predetermine how "hot" More services may be generated, and they
it is going to become. You can do some may be more sophisticated services than be-
things to cool down the economy, but you fore local growth, but you usually do not find
cannot predetermine how cold it is going to lower taxes.
get. The city of Decatur tries to use an eco-Playing the growth/no-growth game is like nomic development program to selectively in-
playing Russian roulette. You never know fluence growth in the city. The program's six
when you are going to shoot yourself in the elements include available land, adequate in-
head. Growth takes on a life of its own, and frastructure, attractive business and develop-
• developers often do not recognize when the ment environment, skilled labor supply, re-
cycle is over. Overbuilding results, and you duction of front-end costs and risks, and
end up with the Denver experience of this de- provision of capital at reasonable cost.
cade—millions of square feet of"see
through" office buildings. Conversely, if a
community has the reputation of being a no- Available Land
growth area and then changes its mind, the It is fairly obvious that if you want growth
courting of the development community is a and development to occur, you have to have
long and hard process. land available for it. This may appear to be
The growth/no-growth choice is a political an uncontrollable element. You either have
one, and either choice requires political sup- land or you do not. It is difficult to create
port if it is to be maintained. Political support new land and hard to make it disappear.
for either position may change significantly There are ways to control the availability
based on the economy. of land. The adoption and enforcement of
flood plain ordinances reduce available land
in the flood plains. The acquisition of land for
®A local government that cares to parks and open space reduces the land avail-
able for development. A few years ago, there
influence what happens in its community
still has a powerful tool to use in its zoningwas discussion of residential development of a
fairly steep hillside above a flood plain, devel-
powers.® opment that the city determined was not de-
sirable. Fortunately, the city was able to buy
the property at a reasonable price and desig-
Local governments may be able to influ- nate it as open space. Purchase of land is the
ence growth, but they cannot control growth. ultimate in land use control, but it usually is
It cannot be turned on and off like a spigot. too expensive an option for a local govern-
Regional and national economies have tre- ment.
III mendous influence on what happens in local The best way that local government has to
development—probably more influence than influence the availability of land is through
local government policies have. zoning. Decatur's selective growth strategy is
based on a firm commitment to the preserva •
-
G.Curtis Branscome is city manager of Decatur,Georgia. tion of its residential neighborhoods and a
6 PM August 1988 4
r
F
r
I•
limitation on the land zoned for commercial water and sewer service and, conversely, is ®Playing the
or office use. As a matter of land use policy, discouraged by the lack of these items. These
office zoning is limited to the area inside the are powerful tools to decide what land gets growth/no-
Commerce Drive loop around the downtown developed, and local government policy can growth game is
section. determine how they are used.
At the entrances to Decatur from unincor- like playing
porated DeKalb County on major thorough- Russian
fares like Clairemont Avenue or Scott Boule- Adequate Infrastructure
Ell
yard, development changes from strip Anyone who reads in the newspapers about roulette.
commercial to residential. In what can be water shortages and sewer tap moratoriums is
seen as a modern planning and zoning mir- familiar with the importance of these utilities.
acle, the Scott/Clairemont intersection, with The primary tool used in the selective growth
about 25,000 cars per day traveling on both strategy in Decatur has been developing or
streets, does not have a single gas station. As not developing transportation facilities. The
a defensive measure, about 20 years ago gas Commerce Drive loop around downtown De-
stations were removed from the zoning code catur, completed in 1973, has caused most
as a permitted use in any zoning district in major development in the past 10 years to fo-
Decatur. cus on this street. Tying this into the inter-
Also about 20 years ago, the city commis- state system with the Church Street widening
sion decided that some older residential areas should give more impetus to this area where
with small single-family houses that were not development is seen as being desirable.
being well maintained should be encouraged On the other hand, Decatur has vigorously
to redevelop as high-density single-family fought the construction of another east-west
houses—as townhomes or cluster housing. thoroughfare through the city for 25 years.
Large tracts of these single-family houses Such a thoroughfare parallel to the railroad
• were rezoned, and land was made available corridor along the southern edge of downtown
for this type of development. Many of those would open up the southern part of the down-
areas have come back strong as single-family town area to significant redevelopment. The
neighborhoods, and in the past five years the powers that be will never support such a
high-density single-family zoning has been re- project, however, until they are convinced
moved from three major neighborhoods. that its impact on residential neighborhoods
Work now being done on the future land use really would be minimal.
plan is focusing on how much more of this
high-density zoning should be reversed.
Church Street in Decatur was recently Attractive Development and
widened to improve access from the interstate Business Environment
system to downtown Decatur. Before the wid- Everyone, including hard-nosed developers,
ening, this street was primarily residential. wants to be wanted. A key to business reten-
Pressure is now predictably on for strip com- tion is to let existing businesses know how
mercial zoning along this four-lane thorough- much they are appreciated. A key to attract-
fare. The first rezoning application has been ing development is to let developers know
successfully denied, and the city commission they are welcome.
is pledged to maintaining the residential char- One problem is that there is a lot of money
acter of this street. to be made in development and it is often lo-
A local government that cares to influence cal government decisions that determine just
what happens in its community still has a how much profit is made. Developers tend to
powerful tool to use in its zoning powers. be politically active and contribute to politi-
Doom and gloom planners and the lawyers cal campaigns. They usually have their pro-
for developers will try to convince you that gram together and have the resources and ac-
the courts have stripped local governments of cess to sell it. Selective development calls for
any real authority in this area. What the finding the fine line between making develop-
courts have really done is to pin us down so ers feel welcome and letting them do what
that we cannot be arbitrary and capricious. If they please. In my experience, most develop-
•we do our homework, do our research, and ers feel welcome only if they are allowed to
prepare our cases to demonstrate the reasons do what they please.
for our decisions, we still can use zoning pow- Recent newspaper articles have focused on
ers effectively. problems caused by builders' pits in Gwinnett
Another important factor affecting the County and northern Fulwn County. Builders
availability of land is the development of in- in these areas have been allowed to bury or-
frastructure. Development is encouraged by ganic material from the construction site on
the availability of good roads and adequate the site of the development. This material is
not compacted, and it will decay. After a few viding capital at reasonable cost are areas of
4111 years, if the resident is lucky, a gaping hole interest in Decatur. We have used these as
appears in his front yard. If he is unlucky, it part of the selective growth strategy in terms
shows up under some part of the foundation. of low-interest loans to encourage rehabilita-
Why should a developer be allowed to cut his tion projects the city was interested in and to
cost and pass that cost off to some unsuspect- get a development commitment for a new
ing homeowner or to the local government? downtown hotel that is an extremely high pri-
Decatur ordinances do not allow builders' ority for the city.
pits. One developer this past year decided he
would do it anyway. City officials told him to
quit. He kept doing it. They took him to Conclusion
court. The judge fined him $1,000 and told I am not advocating a growth or a no-growth
him the next time he was in court he would or a selective growth policy; I am advocating
be going to jail. City officials told him to a rational growth policy. To have a rational
clean up the mess or they would take him growth policy, you need to clearly articulate
back to court. He cleaned up the mess. your goals and your vision for the future.
Developers are welcome in Decatur, but What happens is too important to be left up
they must play by the rules. Some developers to the developers. Managers must be careful
who do not like to play by the rules do not that current development is not building in
feel welcome in Decatur. costs that communities are going to be paying
for the next 30 years. While I do not believe
that we can fine tune control over the local
- Skilled Labor Supply economy, I have discussed some tools that
While the availability of skilled labor is im- can be used to influence what happens in our
portant for economic growth, this area is not communities.
subject to manipulation to influence growth There may well be a conflict between mak-
strategies in the Atlanta metropolitan area. ing the maximum possible profit and doing
The region's skilled and highly mobile work those things that provide for a good quality of
• force can get to where the opportunities are. life for our communities in the future. We
are building the future of our communities.
Financial Inducements The developers will be looking after the prof-
its. Who is going to be looking after the
Reducing front-end costs and risks and pro- future? PM
JOB RESOURCE The ICMA Newsletter
Can Help You Find
.,cr, a Local Government Position!
.v. . ==_= , The ICMA Newsletter is published biweekly, and
each issue contains job openings for administrators,
- --_- assistants, interns, finance, and other positions in
q._== ..---.....--.7p,-.:-_:-� local government.
�� For information on placing an advertisement, con-
. ---- s tact Kathy Karas, Editor, ICMA Newsletter, 1120
::-.:::-:_-,y-_,...;: - G Street, N.W, Suite 300, Washington, D.C.
IP __=,.. 20005, 202/626-4624.
For subscription information, call 202/626-4620.
8 PM August 1988
INSIGHTS
sprawl Is Like the Weather
• by Brent Thompson •
,�
prawl is like the weather in development's density.But those who tes- mixed-use zones. Parking requirements
thaeveryone talks about it, but tify against higher density don't seem to re- could be based on which use,residential or
alize that the cumulative result of lower commercial, created the greater demand,
no one does anything about it. density development is sprawl. with no additional requirement for the use
Proof of this is how our cities continue Decision-makers listen to arguments that requires less parking.
to develop. No public official or paid city for lower densities and believe they are con- Another part of the solution is to in-
planner is going to advocate sprawl,but too tributing to livability if they reduce density crease common open space to mitigate the
often the land use decisions made by plan- effects of increased density. Most projects
ping departments,planning commissions, call for one-or two-story buildings that re-
and city councils contribute to just that. "...THE CUMULATIVE sult in a great waste of land.If two-,three-,
Under a comprehensive plan and ordi- RESULT OF LOWER and four-story buildings became the norm
nance framework having such laudable —with a portion of each project set aside
DENSITY DEVELOPMENT IS
goals as maintaining low skylines;provid-
SPRAWL." for a park or open space—more develop-
ing varied housing,employment and shop- ment could be undertaken in a smaller area
ping opportunities;and providing adequate • with less negative impact. In subdivisions
open space, public facilities, and parking, and apartment complexes,density bonuses
local decision making bodies continue to could be tied to the provision of open space.
approve planning actions that contribute to on any given project. However, the result Density is not the enemy of livability,
sprawl. of lowering densities is that it takes more sprawl is. •
But what is sprawl?Sprawl is the con- space to house people and to provide ser Brent Thompson,an Ashland, Oregon build-
tinual use of more land than is necessary to vices for them. Distances between every- ing renovator and property manager, has bee
ficomplish a given development goal. thing increase. As distances increase, the member of the Ashland Planning Commission
prawl is the consumption of resources and need for parking lots increases, because the past eight years.
land in excess of what is needed to create a with greater distances, walking and bicy-
comfortable,livable and functional city. cling are not convenient. Public transpor- PLANNING
Sprawl costs cities and counties tre- tation is not viable because bus lines cannot C OMMISSIONERS
mendous amounts of money in extra pay- economically cover the huge spaces the cit- I ing and road maintenance costs,and extra ies consume for development. ourna
sewer and storm drain construction and The end result of this development pat-
maintenance costs — and extra costs for tern is the waste of land,the increased use
the many other services local governments of automobiles, the need for more parking In Coming Issues ...
provide.Sprawl also needlessly gobbles up lots, and greater air pollution. All this, of
farm and forest land and open space. course,detracts from the very livability that • The home occupation boom
Sprawl, therefore, costs taxpayers was so eagerly sought with the plea for its planning impacts.
money and depletes the resource base. It lower densities. • Implementing the comprehensive plan.
costs developers money because develop- What is the solution to this problem? • Planning commissions and community
ers get less done on any given parcel of land. One part of the solution is to increase leadership.
Given this, why do officials continue allowable densities. Within developed ar . Basics of planning for historic preservation.
to contribute to land wasting development eas, increased population could be ab-
practices even when they would often pro- sorbed through small accessory dwellings • Edge cities and how
fess to being against sprawl as well as being or apartments in single-family zones.Space metropolitan areas are changing.
advocates of people being able to exercise wasted by parking lots could be redevel- •How to get your plan adopted.
their property rights to the fullest? oped into more stores or residences. Park- • Dealing with private consultants—
One reason is the widely held belief in ing for normal needs could be retained,but what planning commissions should know.
tthe virtues of low density development.In overflow parking for peak days could be And more from our regular columnists.
he approval process for almost any devel- declared surplus.All commercial zones ex-
opment, there is a call for lowering the cept for heavy industry could become
PLANNING COMMISSIONERS JOURNAL / NUMBER 1 1 / SUMMER 1 9 9 3
r .cam
,�r
( X
.y of. ., CITY OF ELK RIVER
lk River
SPECIAL MEETING NOTICE
SPECIAL MEETING OF THE
ELK RIVER PLANNING COMMISSION
I, Thomas A. Dillon, Planning Commission Chair, hereby request a
special meeting of the Planning Commission on Monday, February 19, 1996,
at 5:00 p.m., to be held at the Elk River City Hall - 13065 Orono Parkway.
The purpose of the special meeting is to meet jointly with the Elk River City
Council to discuss the urban service district and issues concerning both the
City Council and the Planning Commission.
In accordance with State Statute, I hereby request the city clerk to post this
notice. I further request the city clerk to notify each member of the Planning
Commission of this special meeting, in writing, at least one day before the
• meeting.
n
/o/ l
-/a2,f'd/4:110) __)
c9/5 - 94
T omas A. Dillo :4anning Commission Chair Date
I HEREBY CERTIFY, that this notice has been posted and that I have served
this notice upon the members of the Elk River Planning Commission by mail
at least one day prior to the above-called special Planning Commission
meeting.
1.
Sandra A. Thackeray, City Clerl/ Date
IIII
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
c �
CitinkRiver
of 1 MEMORANDUM
TO: Mayor & City Council
Planning Commission
FROM: Steven B. Ach, City Planner _.
DATE: February 19, 1996
SUBJECT: Growth Management
Introduction
With the recent adoption of the Comprehensive Plan, which included an
expanded urban service area, the city needs to revisit and assess its current
growth management policies and ordinance requirements to make sure these
policies and ordinances will implement the adopted Comprehensive Plan.
The City of Elk River's 1988 and recently adopted 1995 Comprehensive Plan
endorsed a basic growth management strategy to develop from the central
core outward in an orderly manner.
• This approach is the typical development pattern any city or region will
adopt to achieve managed growth. Simply put, as utilities, streets, and other
infrastructure is extended by either a city initiated project or developer
driven, development occurs accordingly. From a public policy standpoint,
this development pattern utilizes strong planning principles, prudent fiscal
management, and minimizes early investment in additional public services.
What does the ordinance sal, today regarding controlling commercial
and industrial development?
The current zoning ordinance states that "All commercial and industrial
development within the urban service area must hook up to city water and
sewer". However, prior to expanding the urban service area down East
Highway 10, this requirement only affected vacant commercial and industrial
(Business Park) zoned property along West Highway 10, industrial property
along Proctor Avenue (north of public works facility), and some commercial
property along Highway 169 (Hillside Estates, Earl Hohlen). However, now
that the urban service area has been expanded down East Highway 10,
several vacant commercial and industrial properties are subject to this
ordinance.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 5.5330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to City Council and Planning Commission Page 2
February 19, 1996
• What ordinances are in place controlling the growth of residential
development?
The intent of the ordinance for all property zoned residential within the
urban service area is to have these areas developed as urban sized lots
(10,000-14,000 square feet). What is not clearly stated in the ordinance is the
minimum lot size if a property owner wanted to subdivide residential
property prior to city water and sewer. As staff has stated in the past, under •
these conditions, the minimum lot size should be kept as large as possible (10
acres) to provide for the efficient extension of utilities at a later date.
The second problem that currently exists is that the newly expanded urban
service area between County Road 12/13 is zoned Rla. This zoning
designation allows a minimum lot size of 2-1/2 acres. Assuming this area
will ultimately be developed with city water and sewer, the zoning and/or
minimum lot size will have to be increased for the reasons stated above.
In no way are these proposed increases in the minimum lot size suggesting
that no one can subdivide their property. This merely is an attempt to
manage the subdivision of land and preserve the opportunities for either the
city or landowner (developer) to extend utilities in an efficient manner.
• Why not allow commercial and industrial development to occur prior
to having city water and sewer available?
First of all, it is important to highlight the size and geographic area of the
urban service boundary. If commercial and industrial development had no
boundaries, there would be no management to this growth pattern.
Development could occur in a scattered/random pattern throughout the entire
urban service district. Secondly, it should be made clear that commercial and
industrial development can occur without city water and sewer. This has
happened along east Highway 10 for years. It is also happening along
Highway 101 between Rogers and Elk River as well as though the City of
Ramsey. However, this type of development can be different than what may
be found in a sewer and water area. If development without water and sewer
was to occur, several questions would need to be asked:
• How difficult will it be for the city or landowners to extend utilities
at a later date given the existing business that may be in place?
• Why would property owners near the edge of the urban service
district have any interest in developing with city water and sewer?
•
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February 19, 1996
• What happens to commercial and industrial property values if
• development was to occur throughout the entire urban service
district?
• Are there any long term affects upon the integrity of the entire
commercial and industrial base?
• What is the impact to the tax base if industrial development cannot
happen until city water and sewer is available?
• What are the costs to the city and development community to
redevelop underutilized properties when; and if, water and sewer is •
extended?
• Will development without water and sewer compromise long range
planning and transportation needs since these developments may
be perceived as temporary and located outside of the urban core?
• Without water and sewer, will available land be more attractive to
less intense commercial and industrial uses?
• Why would a property owner (developer) request water and sewer if
their development could be constructed without water and sewer?
• Will public safety (i.e. fire and police) be compromised by having
buildings built with provisions for future sprinkling or other public
safety needs when water and sewer finally "gets there"?
• What happens to the existing inventory of commercial and
industrial if development is allowed to continuously extend out
• away from the core?
These are just a few of many questions related to this subject.
Unfortunately, the answers are difficult and certainly contain two points of
view. These questions should be explored to fully understand the dynamics
of this issue.
How can commercial and industrial property be utilized prior to
water and sewer being available?
One option to consider is allow interim uses without water and sewer as a
conditional use permit in either the commercial or industrial district. State
Statutes allow cities to issue conditional use permits for interim uses under
certain guidelines. These guidelines may include issuing a permit for a
temporary use for a limited number of years upon which it would expire.
Certainly, attaching a sunset date to uses could present a problem if these
uses are expiring prior to the property having access to water and sewer.
Although the interim use or temporary use seems like a reasonable approach,
there are some pitfalls. The first question that always comes up is "what is
temporary"? Temporary may have several different meanings depending
• upon whom you're talking with. For example, I learned the other day that
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Memo to City Council and Planning Commission Page 4
February 19, 1996
School District has had temporary buildings out in front of their high school
• for the past 15 years. I've also heard "temporary" discussed as one or two
years; so the point is, it is very difficult to define temporary and even more
difficult to come up with a finite list of uses that could be considered as
temporary. Therefore, from an administration standpoint, the whole concept
of temporary becomes very subjective and difficult to interpret, as well as
enforce.
The most common method used by cities to identify allowable uses prior to
city water and sewer is to allow uses commonly found in a low density
residential or agricultural zoning district. These cities will have properties
that are presently not served with city water and sewer, zoned as a holding
district or, in Elk River's case, Rla or A-1. This method of establishing a
zoning designation, along with a specific list of allowable uses, clearly
identifies how property, whether it be residential, commercial or industrial,
can be used prior to city water and sewer.
The difficulty Elk River has is that a majority of the property is currently
zoned for its ultimate use. Therefore, trying to implement the system
described above may be very difficult given our current situation. The option
Elk River may wish to pursue is amending the zoning ordinance to identify
certain uses such as those found in the A-1 or Ma zoning district, that can be
• used on properties zoned commercial and industrial that do not have city
water and sewer.
Can there be a compromise to allow development prior to water and
sewer?
Compromise on this particular issue goes beyond having a property owner or
developer waive their rights to future assessments and guaranteeing hook up
to utilities when available. These arrangements are well intended when
executed, however, for some reason, be it time, change of property owners, or
whatever, inevitably the City Council is confronted with an emotional and
difficult issue. It is at this point that all previous bets are off and reality
takes over. At this point, property owners and City Council are sitting across
the table from one another discussing the actual costs and hardships that
may result.
Summary
Growth management is a proven method throughout the country that cities
have adopted in order to reduce public costs, managed traffic, preserve
farmland, protect against environmental problems, and simply maintain a
. quality of life for the community. Although growth management is viewed as
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Memo to City Council and Planning Commission Page 5
February 19, 1996
a sound public policy, it may also burden property owners along the way.
• This issue is very important to the residents of Elk River, development
community, and affected property owners. Therefore, an open discussion and
exchange of information is a good platform to begin formulating decisions to
achieve the goals for the entire City of Elk River.
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