5.14 rQ A�
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ITEM NO. 5.14
ity of MEMORANDUM
Ak
•
River TO: Planning Commission
FROM: Steven B. Ach, City Planner--547d--
DATE: May 28, 1996
SUBJECT: Discuss Ordinance Amendment
Regarding Development in the
Commercial and Industrial Zones
Prior to City Water and Sewer
Background
Last month, the Planning Commission reviewed the proposed ordinance
amendment which would allow property zoned commercial and industrial
located within the City's urban service district to develop prior to the
availability of city water and sewer. At that time it was the recommendation
of the Planning Commission to have this ordinance amendment tabled
indefinitely to allow for further review of the issue, City Council review of the
• appraisal for east Highway 10, and evaluate the outcome of a possible public
hearing to have city water and sewer extended down east Highway 10.
Proposed Trucking Businesses
Over the past several months, the City has been meeting with LeFebvre and
Morrell Trucking to discuss the possibility of developing two parcels of land
along 171st to accommodate the relocation of both of the trucking operations.
The location of which the two trucking businesses would like to relocate is
within the City's urban service boundary. However, since city utilities are
not immediately available, the current ordinance would not allow
development.
Last week staff had a meeting with LeFebvre Trucking to discuss their
continued interest in developing in Elk River. As of that meeting, it appears
as though LeFebvre Trucking has a sincere interest although have not
formally committed to the site along 171st to relocate their trucking business.
In order to allow this development to occur, the City Council will need to
either amend the city ordinance allowing development prior to city water and
sewer, or make some other special provision for LeFebvre and Morrell
Trucking without amending the entire ordinance. In order to accommodate
• LeFebvre's desire to be under construction by August 1st and still allow time
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
to go through the platting and conditional use permit process, the ordinance
• amendment to allow development prior to city water and sewer will need to
be presented to the City Council on June 17th. Presenting this ordinance
amendment to the Council on June 17th is important for LeFebvre Trucking
to assure that their timeline for construction can be met. Certainly, this
issue regarding development prior to the availability of city water and sewer
is a critical first step in pursuit of the necessary approvals.
Even though the Planning Commission has requested that the ordinance
amendment be tabled indefinitely, State Statutes have provisions allowing
the City Council to take action following the elapse of 60 days from the date
of reference of the amendment without a report by the Planning Commission.
The interpretation of this State Statute would allow the ordinance
amendment to be brought before the City Council at their regular meeting on
June 17th.
Planning Commission Recommendation
At this point, the Planning Commission is unable to reconsider the ordinance
amendment at the May 28th meeting because proper notification cannot be
accomplished prior to the public hearing. Therefore, if the Planning
Commission has any comments that they would like forwarded to the City
• Council regarding this issue, those could either be entered into the record at
Tuesday night's meeting and forwarded to the City Council on June 17th, or,
representation at the Council meeting to state the Planning Commission's
comments could occur.
One last option to consider is if the Planning Commission would like to
formally act on the ordinance amendment, a special meeting could be called
for a date in June. However, based on the requirement to re-advertise the
public hearing in the paper ten days prior to the meeting, the earliest
meeting date would be June 15th, which is a Saturday. The City Council will
be meeting two days later on that Monday.
I will be happy to answer any further questions the Planning Commission
may have at Tuesday's meeting.
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