5.5 • "`.1/ Item # 5.5.
City of
Elk ,.
River
MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Plann- ill
1
DATE: April 24, 2001
SUBJECT: Case No. OA 01-04
REQUEST
Brian Brueske and Dick Hetland have requested an ordinance amendment to Section
900.20.16 to allow for the development of a lot prior to the availability of city sewer and
• water.
ATTACHMENTS
Location map
Letter from Dick Hetland
Letter from Brian Brueske
Existing ordinance
Sewer/water map
OVERVIEW
One of the applicants, Dick Hetland, owns two parcels at the northeast corner of 165th
Avenue and Highway 169.One lot is 4.3 acres and the other is 1 acre.The recycling center is
located on the larger parcel and the smaller parcel is vacant. Brian Brueske would like to
develop the vacant 1 acre parcel and locate his water purification business there.
The property is within the urban service area but there are no plans to extend service to this
parcel in the foreseeable future. Section 900.20.16 of the Zoning Code does not allow
development of industrial,commercial,or business park property,located within the urban
service area,prior to the immediate availability of sewer and water.The Zoning Code does
however,allow for the construction of a second principle structure or the expansion of an
existing building prior to the immediate availability of sewer and water with certain
conditions.
Memo to Planning Commission/OA 01-04
April 24,2001
Page 2
If the applicants wanted to combine the lots into one lot,Mr.Brueske could then construct
his building because it would be considered a second principle structure. However, Mr.
Brueske wants to own, not lease his land and building.
In the past,the City has allowed the development of industrial facilities on property within
the urban service area prior to the availability of services by changing the zoning from
industrial to planned unit development. Morrell Trucking and LeFebvre Trucking were
allowed to develop under this scenario. This is not an option for Mr. Hetland and Mr.
Brueske because the lot they want to develop is only 1 acre in size and the proposed
development does not meet the spirit or intent of the Planned Unit Development District.
Section 900.20.16 was created so that the city could preserve orderly development in areas of
the city that are in the urban service area but sewer and water are not readily available.
Development could then be guided so that it would not interfere with future extensions of
sewer and water service.
RECOMMENDATION
Below is a proposed amendment that would allow construction on commercial and
industrial lots within the urban service area prior to the availability of sewer and water.The
conditions are similar to those in the existing ordinance.An additional condition has been
added that the property be platted. This condition is consistent with other sections of the
S ordinance relating to commercial and industrial development.This amendment would be in
addition to the existing ordinance, it would not replace it.
Proposed Amendment
Section 900.20.16
B. Owners of existing lots of record,that are zoned commercial or industrial,within the
urban service area and not currently served or without the opportunity to hook up to city
sewer and water may apply to construct a principle structure.
In addition to all other city ordinances or regulations of the city,the following conditions
shall apply to an expansion of an existing structure or construction of an additional principal
structure on the same parcel:
i. An application for a conditional use permit must be submitted in
accordance with the requirements set forth in the Zoning Ordinance.
ii. Applicant enter into a developer's agreement stipulating the
likelihood of the payment of future assessments for city sewer and water and
the timely hook up to city sewer and water.
iii. Applicant sign a waiver of rights to appeal future assessments for city
sewer and water on the basis of:
S:\PLANNING\SCOTT\OA0 I-04.DOC
Memo to Planning Commission/OA 01-04
April 24,2001
Page 3
a. The permitted construction, expansion or additional
structure;
or,
b. The sufficiency of the existing well and septic system.
iv. The proposed construction,addition and/or building expansion shall
be consistent with the city's Comprehensive Plan.
v. All building improvements shall include provisions for a timely hook
up to city water and sewer in accordance with applicable city code
requirements.
vi. The property shall be platted.
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LOCATION N
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t1I ' PLjyer,::.„,
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13065 Orono Parkway • P.O. Box 490 CASE: I-Ie+ and geoferil
Elk River, MN 55330
• March 22, 2001
Mr. Brian Brueske is interested in purchasing a one acre piece of property that
I own on 165th Ave between the Recycling Station and the NSP plant. He would
like to build by September or October 2001. I would like to develop this lot as
it is quite a large area to maintain and mow. The development of this piece of
property would be to my advantage and the city's, as it would move this
property into a higher tax bracket.
Mr. L r ueske car. explain what he has in. Lind for developing ti ie property-. His
business should fit into T-ight Industrial zoning just fine. He has been in
discussion with Ol1.ff, the building inspector, to know what he will have to
comply vvith to develop this lot. Mr. Lrueske anc.1I have dish used a holding
water area in the back of our 2 lots. My 4-1.../2 acre lot drains toward that area
now and so does his potential one acre lot.
Thank you for helping me develop and sell this piece of property.
Sincerely,
• i()4.;.‘ z-
Dick Hetiand
•
AQUAPURJ.H
SOLUTIONS
3/23/01
To whom it may concern:
My name is Brian M. Brueske and I own Aqua Pure Solutions Metro Inc. in Ramsey
MN. What I am trying to achieve is an amendment to your zoning ordinance that would
allow me to purchase a plot of land on 165th Ave. from Dick Hetland.
The plot is already sub-divided from the rest of Dick's lot, and has its own ID number
and tax base. My intention is to put up a 7200 square foot building, which would be a 60
x 120 foot building to operate my business out of.
I have enclosed rough drawings of my intentions along with the copy of the plot
1111 diagram. Any other information you may require please do not hesitate to call me.
Your time and consideration in regards to my request is greatly appreciated
Sincerely,
Brian M. Brueske
Aqua Pure Solutions Metro Inc.
6957 Highway 10 N.W.
Ramsey MN. 55303
Work# 763-427-9200
Home# 763-441-0657
S
Improving the Quality of Life Through the Quality of Water
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if., , ZER L EXISTING ORDINANCEaft
mr
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�, � `\J The use of . zero lot line Loi ol�a�=u ��� -�__� ____ s an. a
`'71
common wall ,-tween buildings may be allowed in commerci- and
, industrial zo g districts in accordance with the fol ,. ing
requirements:
A. The sha 'd parking concept does not •_" cumvent the
perimeter setba requirement or the re•r ' red number of
parking stalls .
B. Proper cross a• ess and cro,/ parking agreements are
prepared and executed.
C. Common architectura . nd design standards for all •
units within the zero 1•:,,, ` 'ne development may be required.
D. Each zoning los' shall m ,-t the Performance Standards
of the zoning dis ; ict.
E. The lan.-' aping and screeni provisions of this
ordinance se,:
1 apply to the zonin lot.
F. F.- ' the purpose of determining t '.- placement and
numbet-'of signs for a zoning lot and th= uses thereon, the
zon' "g lot shall be considered a "lot" a referenced in the411
C. ' s sign ordinance. As such, one free-standing or
.nument sign is permitted on the zoning lot to identify the
uses established thereon.
16 DEVELOPMENT WITHIN THE URBAN SERVICE AREA PRIOR TO THE
AVAILABILITY OF CITY WATER AND SEWER
The Urban Service Area is defined in the Elk River Comprehensive
Plan as the area planned for development with city water and
sewer services . As a prerequisite to applying for or receiving
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 requirements :
A. Existing businesses (structures) located within the
urban service area and 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 .
In addition to all other city ordinances or regulations of
the city, the following conditions shall apply to an
expansion of an existing structure or construction of an
additional principal structure on the same parcel :
9.76
• i . An application for a conditional use permit must be
submitted in accordance with the requirements set
forth in the Zoning Ordinance.
ii . Applicant enter into a developer's agreement
stipulating the likelihood of the payment of future
assessments for city sewer and water.
iii . Applicant sign a waiver of rights to appeal future
assessments for city sewer and water on the basis of:
a. The permitted expansion or additional
structure;
or,
b. The sufficiency of the existing well and
septic system.
iv. The proposed addition and/or building expansion
shall be consistent with the city's Comprehensive
Plan.
v. All building improvements shall include
provisions for a timely hook up to city water and
sewer in accordance with applicable city code
requirement.
111
9.77
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