5.8 r-Q ` ITEM 5.8.
MEMORANDUM
ty of
ElkRiver TO: Planning Commission
FROM: Steven B. Ach, City Planner
DATE: April 22, 1997
SUBJECT: Ordinance Amendment Relating to
Development Within the Urban
Service District Prior to the
Availability of Sewer and Water,
Public Hearing Case No. OA 97-8
Request
The City Council has initiated an ordinance amendment to consider
amending the section of the ordinance relating to development prior to the
availability of sewer and water.
• Overview
Attached is a draft ordinance which attempts to separate out certain
situations when development within the urban service district would be
prohibited and conditional. This ordinance amendment has come up at the
direction of the City Council in response to a development request along east
Highway 10. Precision Frame & Alignment has requested a conditional use
permit to develop a second principal building on the lot they are currently
occupying directly east of Bridgeman's.
The draft ordinance basically develops two scenarios:
Scenario #1
Vacant land within the urban service boundary that does not have city
water and sewer available or ready for immediate hookup cannot be
developed at this time. Upon the extension of utilities whereby the
availability to a building would be in place at the time of occupancy,
development may commence. This is consistent with the current
ordinance.
Scenario #2
• All existing businesses within the urban service boundary which do
not have city water and sewer available or available for hook up may
\\elkriver\sys\shrdoc\planning\pc\oa97-8.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/0A97-7 Page 2
April 22, 1997
• expand their existing business based on certain conditions. Staff has
tried to outline certain conditions which will:
• Provide some acknowledgment that the property owners
understand sewer and water will ultimately be available.
• There will be some assessments to the property in the future
and that the property owner shall sign a document waiving their
rights to appeal any future assessments.
• All development plans should be consistent with the
Comprehensive Plan and not compromise the extension of
utilities or future road corridors.
As previously discussed by the City Attorney there is still a great deal of
concern with the authority to require a property owner to waive their right to
future assessments. Furthermore, even if the waiver can be executed, the
enforcement of such a document may be challenged when water and sewer
are eventually made available to the property.
• Secondly, if an existing business happens to make an expansion and either
constructs a new or improves an existing on-site septic system, there is the
question whether the test of"benefit" to utilities can be justified.
Staff will be prepared Tuesday night to discuss further some of the issues
associated with this ordinance amendment and try to help the Commission
come to some resolution regarding this issue.
•
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• 16. Development Within the Urban Service Area
The Urban Service Area is defined in the Elk River
Comprehensive Plan ass the area planned for development with
city water and sewer services. As a prerequisite to applying
for any building permit or planning application in all
commercial, industrial and business park zoning districts
within the urban service area, city municipal utilities
(i .e. , sewer and water) must be available for immediate
hookup and/or available at the time of occupancy.
The following are exceptions to the above stated guidelines :
A. Existing businesses (structures) located within the
urban service area and are not currently served or have the
opportunity to hook up to city sewer and water, may apply to
expand a principal structure; or add a second principal
structure on the same parcel.
The following conditions shall apply to an expansion of an
existing structure or construction of a second principal
structure on the same parcel :
1 . An application for a conditional use permit must be
submitted in accordance with the requirements set forth in
the Zoning Ordinance.
• 2 . Applicant enter into a developer' s agreement
stipulating the payment of future assessments .
3 . Applicant sign a petition waiving rights to appeal
future assessments.
4 . The proposed addition and/or building expansion shall
be consistent with the city' s Comprehensive Plan.
5 . All building improvements shall include provisions to
hook up to city water and sewer when made available.
•
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