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6.13 Item# 6 . 13 . .lky of i ' MEMORANDUM River TO: Mayor and City Council FROM: Steve Ach, City Planner DATE: October 20, 1997 SUBJECT: Consider Comprehensive Plan 'Amendment to Adjust the Urban Service Boundary, Public Hearing Case No. OA 97-10 Issue The City of Elk River has initiated a Comprehensive Plan Amendment to consider adjusting the urban service boundary in the eastern part of Elk River. The specific area under consider is bordered by County Road No. 12 on the north, Tyler Street alignment on the west, 175th Avenue on the south and Fillmore Street on the east. Attachments • Report to the Planning Commission dated September 30, 1997 Overview The area to be considered for inclusion into the urban service area currently lies outside of the boundary and is zoned Rla (Single Family Residential). Under the current zoning the property could be developed without city services into lots with a minimum lot size of 2-1/2 acres. With having the subject area located adjacent to the existing urban service boundary and consisting of a majority of large undeveloped tracts of land, staff has analyzed the possibility of having this area included as ultimately being developed with urban services. As the Council is aware, the platting of 2-1/2 acres subdivisions often creates a boundary or barrier to the feasible and practical extensions of city sewer and water. With the known and inevitable development interest in eastern Elk River, it is easy to assume given the opportunity, the proposed area to included in the urban service boundary would develop at some point in time under urban densities. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to the Mayor and City Council/OA 97-10 October 20, 1997 Page 2 During the Planning Commission meetings, affected residents from this area spoke at the Planning Commission meeting with concerns ranging from future assessments, timing of having utilities to serve the area and feasibility to further subdivide some of the smaller tracts of land in the northwest corner if utilities were ever extended into this area. To try and address these concerns, staff has offered the following: Timing for extending utilities into this area - Given the amount of land that can develop north of County Road No. 12, it is unlikely utilities would have to be extended into the subject area any sooner than 10 years from today's date. Therefore, both staff and the Planning Commission are recommending if this area is included, a footnote be added that the new area not receive city sewer and water until the year 2007. The City Engineer has indicated that the area north of County Road No. 12 can develop with utility extensions virtually independent of the area south of County Road No. 12. Ultimately, the subject area could be served by a lift station which is most likely needed in the southeast corner of the area north of County Road No. 12. Future assessments - It is difficult to give the residents any guarantees on what the future assessment policy will be when utilities are ultimately extended into this area. However, if past practice is any indication of how future policies will be applied, the developer initiating the extension has typically paid a majority of the costs associated with extending utilities into a vacant area. The Council has also treated existing homes a little different to allow time to hook up to the utility. Who will initiate the request - The residents which spoke at the public hearing indicated they would like to see the area remain rural with larger tracts of land and preserving the farming opportunities which are there today. Staff is in complete agreement with the residents - there is not need to have this area develop given the developable land currently available. However, staff believes the area will ultimately develop with the influence of a developer and not require a city-initiated project. Therefore, if the landowners have no interest in selling their property, the area can remain rural in character for as long as the property owners desire. However, if in fact it is ever developed, it can be done efficiently at urban densities with city sewer and water and at the property owner's request Please refer to the attached Planning Commission reports and letter from the residents. • f:\ahrdoc\council\oa97-10x.doc Memo to the Mayor and City Council/OA 97-10 October 20, 1997 Page 3 Recommendation • It is recommended the City Council approve the Comprehensive Plan amendment to adjust the urban service boundary by including the area described in this report within the urban service boundary. The approval shall include the following conditions as recommended by the Planning Commission: 1. UTILITIES SHALL NOT BE EXTENDED INTO THIS AREA ANY SOONER THAN 10 YEARS FROM THE DATE OF COUNCIL APPROVAL. 2. FUTURE CITY COUNCIL'S CONTINUE THE SAME POLICY FOR RELIEF FOR CURRENT RESIDENTS FROM POSSIBLE ASSESSMENTS ASSOCIATED WITH A UTILITY EXTENSION. If the City Council approves the urban service boundary adjustment a subsequent action will be necessary. Similar to other residential areas within the urban service boundary, a rezoning to R1e (Single Family Residential) which requires a 10 acre minimum lot size prior to sewer and water being available will need to be brought before the Planning Commission and City Council. • • f:\shrdoc\council\o a9 7-10x.doc City Council Minutes Page 15 October 20, 1997 S • Steve Ach stated that Country Ridge, Inc. is requesting final plat appro • • Country Crossing 4th Addition. He indicated that Country Cros '•. A h Addition consists of 24 single family lots that will front onto Maco. . eet and Riverview Drive. The plat is located at the southwest cor - • County Road 30 and Joplin Street. Steve Ach reviewed the staff r-•. on this issue. COUNCILMEMBER FA•; ' OVED TO ADOPT RESOLUTION 97-111 GRANTING FINAL PLAT APPROV: •• COUNTRY CROSSING FOURTH ADDITION P 97-16. COU► EMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 6.13. Consider Comprehensive Plan Amendment to Adjust the Urban Service Boundary, Public Hearing Case No. OA 97-10 Steve Ach indicated that the City is requesting a comprehensive plan amendment to adjust the urban service boundary in the eastern part of Elk River. He explained that the specific area under consideration is bordered by County Road No. 12 on the north, Tyler Street alignment on the west, 175th Avenue on the south and Fillmore Street on the east. He explained that under the current zoning the property could be developed without city services into lots with 2 1/2 1110 acre minimum lot sizes. Steve Ach stated that the property is located adjacent to the existing urban service boundary and consists of a majority of large undeveloped tracts of land. Steve Ach stated that concerns of affected residents were brought forth at the Planning Commission Meeting. These concerns consisted of future assessments, timing of having utilities to serve the area and the feasibility to further subdivide some of the smaller tracts of land in the northwest corner if utilities were ever extended into this area. Steve Ach indicated that the Planning Commission and staff are recommending approval of the comprehensive plan amendment. He further indicated that in order to address the concerns of the residents, Planning Commission and staff are recommending that utilities not be extended for ten years from the date of council action. Mayor Duitsman opened the public hearing. Emma Holzem, affected property owner consisting of an 80 acre farm, requested the council to include the 10 year timeframe to allow her family the opportunity to continue farming the land and to plan for the future. There being no one else for or against the matter, Mayor Duitsman closed the public hearing. • Steve Ach reminded the Council or developer could request an amendment to the ten year timeframe. City Council Minutes Page 16 October 20, 1997 111) • COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT TO ADJUST THE URBAN SERVICE BOUNDARY BY INCLUDING THE AREA DESCRIBED IN THIS REPORT WITHIN THE URBAN SERVICE BOUNDARY WITH THE FOLLOWING CONDITIONS: 1. UTILITIES SHALL NOT BE EXTENDED INTO THIS AREA ANY SOONER THAN 10 YEARS FROM THE DATE OF COUNCIL APPROVAL. 2. FUTURE CITY COUNCILS CONTINUE THE SAME POLICY FOR RELIEF FOR CURRENT RESIDENTS FROM POSSIBLE ASSESSMENTS ASSOCIATED WITH A UTILITY EXTENSION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.14. Re•uest for Conditional Use Permit b Beaud Oil Co. John Weicht&Associate: Public Hearing, No. CU 97-24 Steve Ach indicated that Beaudry Oil is requesting a conditional use per, it to expand a gas station/convenience store at the southwest corner of H'.hway 10 and Lowell Street. Steve Ach reviewed the staff report on this issue. e indicated that the Planning Commission has recommended approval of thy conditional use permit. Mayor Duitsman opened the public hearing. There being -o one for or against the matter, Mayor Duitsman closed the public hearing COUNCILMEMBER HOLMGREN MOVED TO APPROVE E CONDITIONAL USE PERMIT TO MAKE BUILDING AND SITE IMPROVEMENTS TO EXISTING BUSINESS AT 355 LOWELL STREET AS REQUESTED BY BEAUDRY OIL OMPANY WITH THE FOLLOWING CONDITIONS: 1. FOUR COMPLETE SETS OF PLANS SUBMITTED TO STAFF FOR REVIEW AND APPROVAL PRIOR TO ISSUAN OF A BUILDING PERMIT. 2. CURB, GUTTER AND LAN CAPE IMPROVEMENTS AS NEGOTIATED WITH STAFF BE INCORPORA INTO ANY PLANS FOR SITE IMPROVEMENTS. 3. MN/DOT MUST AP ROVE ANY SITE PLANS INVOLVING WORK WITHIN THE HIGHWAY 10 R HT OF WAY. 4. REQUIRED ARKING BE PROVIDED THROUGH AGREEMENT WITH CRETEX. 5. A TR H ENCLOSURE BE PROVIDED AND BE CONSTRUCTED OF MATERIALS TO M CH THE BUILDING. 6. HANDICAP RAMP TO STORE NOT BE STRIPED THROUGH OR WITHIN DESIGNATED DRIVE AISLES FOR VEHICLES.