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5.12 Item#5. 12. y of /' MEMORANDUM ,lk� • River TO: Planning Commission FROM: Steve Ach, City Planner,_ DATE: July 22, 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 adjust the urban service boundary in eastern Elk River. Location • The area considered to be included in the urban service boundary is bounded by County Road No. 12 on the north, the Tyler Street alignment on the west, 175th Avenue on the south, and Fillmore Street on the east. Background One of the major components of the updated Comprehensive Plan was to consider expanding the urban service boundary for future urban development opportunities. This would include city water and sewer services and a variety of urban densities similar to the development pattern found within the city's current urban district. After reviewing several options of expanding the urban service boundary, the City Council approved the expansion of the urban service boundary as shown on the attached Exhibit A. The Planning Commission may recall within the past six months a preliminary plat was submitted for a site of approximately 80 acres within the area identified to be considered for expansion of the urban service boundary. The proposed plat was a 2-1/2 acre subdivision which basically included a half mile cul-de-sac to serve the property. During review of this preliminary plat, a few Commission members made a comment relative to . the inappropriateness of this 2-1/2 acre development in an area which may be 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 considered for city utilities sometime in the future. However, based on the present zoning of Ria, the preliminary plat was allowed to proceed forward. The development was eventually withdrawn, due to some problems the developers experienced with the property owner. Overview The area to be included within the urban service boundary totals approximately 480 acres. This 480 acres can be broken down as follows: • 80 acres is Hillside Park which is currently owned by the City • Approximately 50 acres in consumed by Clever's Marsh • Approximately 20 acres owned by Minnesota Department of Transportation • Approximately another 30 acres is identified wetlands according to the National Wetland Inventory Maps. Therefore, based on the ownership of the properties, wetlands, and other restricting factors, the area probably has approximately 280 - 300 acres for development potential. By including this area in the urban service boundary there would be no immediate or foreseeable impact for the property owners in terms of assessments for utilities. As presented to the Planning Commission 41 in the past, typically, the costs associated with extension of utilities has been initiated by the development community and absorbed by those properties directly affected. It is anticipated that if this area is included in the urban service boundary, it would basically be reserving this area for possible development to an urban standard. If this area is included in the urban service boundary, it would be appropriate to consider rezoning the properties from the current Rla zoning district (2-1/2 acre minimum lot size) to a residential zoning district consistent with other areas within the urban service boundary. The area that has been selected to be considered for inclusion in the urban service boundary appears to be a logical extension of the existing boundary that has been adopted by the Council. The proposed area is bounded on the east by a large lot rural subdivision which is typically difficult to serve with public utilities because of the cost associated with such an improvement and also bounded on the south by Cargill. The extension of trunk utilities into east Elk River may improve the efficiencies of some of the utility improvements necessary in the east Elk River project. It is not anticipated that this area would be served until a petition has been submitted by any of the affected property owners within this area. The subject area south of County Road 12 may possibly stand on its own and could be developed after • the entire area between County Road 12 and 13 is built out. \\elkriver\sys\shrdoc\planning\pc\oa97.10.doc • Recommendation It is recommended the Planning Commission approve the Comprehensive Plan amendment expanding the urban service boundary to include the area bounded by County Road 12, Fillmore Avenue, 175th Avenue and the Tyler Street alignment. Also, if the expansion is approved it is recommended the Planning Commission recommend to the City Council a rezoning of the affected properties occur to be consistent with other residential areas within the urban service area. • • \\elkriver\sys\shrdoc\planning\pc\oa97-10.doc I .y.i ,/ ((./ - -' 187TH n 158TH U Rpic, 7. 1asT>i i 1 154TH - - - --- -- .--tii\NN. , -- - 183eD 152ND Nail ._ Rid :1.. •• r:+ �u :r'"'= •+o;�_ — oet ,,, -- 179TH - ir.'ZIT...PIAK.' "...▪......▪.............................'...... .......1 1 ,� 175TH ,i,"......iiiiiiiii 11-1: • • • • • . :�: r,.— - ,.1 --- 177TH •, w: 178TH • • File . T : :1• :: . . . . . . . . . • . . ._ • • - - I 175TH _ Y • t111 • T -..,\E' r , . - 1 1 174Th _ ..:_ ,„, „ ,, 0......1.) ) 1 ,m o.c ,......„, 1 - dA_._. -. _ 173R0 IP � qg 111112 172N0 . - I ._ 171ST ,i VI.. , •. . 170TH —— Ria — — — 189TH 1 P-c../ --"\-( LOCATION N City Of ,� MAP !E1R1ver 13065 Orono Parkway • P.O. Box 490 CASE: 0.4 97.-v Elk River, SIN 55330 te\ ►1.•./f•♦<•♦♦♦...fh/.;•/• ♦Y/ ••/♦/fe.♦ •e♦1•10 ♦♦ *,,-7-1,.'.z-,, ,:.:-:.-„7.,1-.7-777-7-71--- I' 11 g•'•-1.r._ {_ _— r-----j-,7- —-- ,' 7- i_ � - r.�"'r - 7�"s , •..-= =T, ` ? ,:i • 11 II Tl ••••••••ca••<•o • •• ♦ f•♦a I r! i �, Ir di S D'�'• '4•:e+,:•••:•:•".:44 4e. •.0f •t•♦. • •4 r It ,,1 I' rF _4 :vv:v...:......*:-....w....:.....wv.v.P.:•:.44, _ . t- ..-_ T -. ...-1-.-1. e_ .{ \ . � •••••••f• •♦~: 4:...< I I ! 1 + I , I...i„,,. fn ,•••••••••bf•• • •e , �' •Ji .-►♦a• e♦•. •♦••ef•♦f1••••U •♦•••••o•••♦•••••U••••♦e•V• r� I C41—v� . t ,,, ,1- { L i,_,, - � I 7 4w — .--- �i _"•. see•JI•e1.1a••t•O•1.O1♦••1♦•1..1� .1••I. •�-•»If•I•Oo•1e•••>•••1a•.I•*Wd.1/•s•iii•IWf•O♦i'it:- •fW.1.1•i 1•d/ , O1•1•♦W•e'••.c�.'1/••1•1wL •a•1.:x*:':':':, x i • .1•••*.L.1.10If• ': .1.1f1.1•e/••fyf �Ief —! -• — i ;�i I _iT _- f •••1•♦•••/ :►teI•/ I•e•af•f•f/a.e/V.9S•'•t/ f/ •/i•/••♦.♦. •./eas•/? •.•• • .,, ` _� •y•• �f••••.. ••0•• y• •0•• •f• • •• •" ♦'• /•. 0/t• ♦ 4♦x \..4" . 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Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7 p.m. by Mayor Duitsman. 2 . Consider 11/27/95 Council Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 27 , 1995, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0 . 3 . Public Hearing to Consider Comprehensive Plan Mayor Duitsman requested that the following items be entered into the official record: 1 . Petition from Fillmore Street neighborhood indicating their opposition to the extension of sewer and water to their neighborhood. 2 . Letter from Ebner' s Live Bait, Inc . , • regarding their opposition to the proposed water and sewer extension to eastern Elk • River. 3 . Petition to Mayor, City Council, Planning Commission, and staff submitted by Kathy A. Specht regarding the opposition to the extension of urban services . Mayor Duitsman indicated that the Council would be receiving public input on the Comprehensive Plan that was currently drafted by the Steering Committee. He stated that the Park Plan and Transportation Plan would not be considered at this date. Louise Kuester, planning commission chair, commented on the process involved in putting together the Comprehensive Plan. She indicated that the process involved numerous Elk River citizens who were part of the Steering Committee. She stated that many Elk River residents appeared at the public hearings to give input on the Plan. Louise Kuester further explained that the Transportation Plan and Park Plan will not be considered this evening. Bob Minton, steering committee chair, reviewed the steps that were involved in completing the Comprehensive Plan. He further explained that the Comprehensive Plan is an update of an existing Comprehensive Plan from 1988 . Bob Minton thanked all those involved in their efforts to draft the Plan, including staff, Steering Committee members, and citizens who attended the meetings . Mayor Duitsman indicated that he would take public input on each section of the Comprehensive Plan. Utilities - City Planner Steve Ach presented the information on the Utilities Plan of the Comprehensive Plan. He indicated that the utilities section of the Plan relates to the expansion of the urban service boundary. Steve Ach explained that the Steering Committee recommended a small area for urban service expansion while the Planning Commission recommended a larger area in order to accommodate long-term urban growth. 111 Mayor Duitsman requested public input on this issue. vi / lI-L7•gc Si . Dave Cieslak, f&a:a4,2j, 10383 165th Avenue, indicated that they have currently invested $3 million to the existing Cargill facilities in Elk River. He indicated that there is no need for sewer and water at their facility and they would see no benefit to their current operations with the extension of utilities or the urban service district . 2 . Dwight Kirkeide, 11230 173rd Avenue North, indicated that he dvas opposed to the extension of the urban service area. Mr. Kirkeide stated that he distributed a flyer to all residents in the proposed urban service area relating to the expansion of sewer and water facilities . He indicated he felt that the proposed Plan would harm the people in the community. 3 . John Benver, Fillmore Street, indicated he recently moved to Elk River and stated that he is opposed to the expansion of the urban service district as he sees no benefit to his property. • 4 . Dawn Beaudry, Fillmore Street, presented a petition in opposition to the expansion of the urban service area. She indicated she is against the extension of sewer and water to her area. 5 . Tony Krelin, 181st Avenue, questioned the Council as to when the assessments would begin for the project. Mayor Duitsman explained that there are no assessments proposed at this time. 6 . Joanne Rousseau, Ebner' s Bait, 17015 Highway 10, indicated she is opposed to the expansion of the urban service district and stated that if utility extensions take place, Ebner' s Bait will go out of business . 7 . Carl Shaw, 10596 191st Avenue, questioned the procedure for hooking up to utilities . He indicated that there are many homes in the area that are a long distance from the road and indicated that the cost would be very high for the • laterals . Mr. Shaw indicated he felt the residents should have a general idea of the cost (2 Cv l ti4,7 .1 • prior to voicing their opinion on the issue. He further suggested that the Council consider different methods of assessment . 8 . Janet Kotter, 19192 Tyler Street, indicated she is opposed to the extension of services . She further questioned what restrictions would be placed on her land if she were in the urban service district and if the expansion of the district would affect the value of her land. 9 . George Deschenes, Twin Lakes Road, indicated his concern of utilities being developer driven to a certain area. He suggested that no development be allowed until services are extended from the core outward. 10 . Dennis Chuba, 10451 175th Avenue NW, discussed the issue of allowing property owners that are in the urban service district to subdivide their property. 411 11 . Roger McAlpine, Twin Lakes Road, indicated he was opposed to the expansion of the district and further indicated his concern regarding the cost for sewer and water. He suggested that this decision be based on a vote by the public . 12 . Stan Chase, 16800 Highway 10, questioned what the procedure was for voicing an opinion regarding the urban service district. 13 . Kathy Specht, suggested that the Council speak into the microphones and that there be a microphone available for each person at the front table. 14 . Tim Schneider, 17119 Highway 10, indicated he was not opposed to the extension of the urban service district, but that he was opposed to the high cost to the residents . He further questioned why the Planning Commission recommended expanding the urban service area from what the Steering Committee recommended. • 15 . Steve Bradford, Fillmore Street, indicated he was .200.4441 4 24 411 not contacted by the Task Force regarding this issue. He further questioned why the city needs to: expand the Wastewater Treatment Plant at this time if there are no plans to extend sewer and water to the eastern area of the city. 16 . Jean Kieley, 14084 202nd Avenue North, indicated she supported the City Council and Planning Commission in approving the Comprehensive Plan. She further indicated she would like to see the City of Elk River develop in an organized manner. 17 . Truman Moyer, indicated that he was opposed to the expansion of the urban service area and the extension of utilities . He indicated it could possibly mean higher taxes to the residents of Elk River because of the Green Acres involved in the district . 18 . Pat Holzem, indicated he is opposed to the expansion of the urban and service district and stated that he would have to move if a sewer and 111 water project goes through his area. 19 . Charlie Houle, 6th Street & 17069 Highway 10 - Houle Oil, indicated that the city needs a commercial and industrial tax base and stated that the Council must look at what is best for the community. He stated he supports the Council in their decision and that he is in favor of the sewer and water extension for the urban service area recommended by the Steering Committee. 20 . Stoeffel Reitsma, County Road 12 , indicated that he had a problem with the service area that was amended by the Planning Commission. He questioned why the Planning Commission recommended the change and further questioned what the population estimates were for Elk River. 21 . Dave Anderson, 14845 County Road 30, questioned why the city could not develop as a rural community. He indicated that the issue is what type of community we want Elk River to look like. • 22 . Roland Benson, Highway 10, indicated that a • Comprehensive Plan would be good if it encompasses the right needs of the community. 23 . Larry Hickman, business owner and resident, indicated that the City of Elk River needs help to draw more customers to the east side of the city. He indicated that he is in favor of the extension of urban services . 24 . Robin Tuttle, 13324 Ranch Road, questioned whether the city was trjring to run people with large quantities of land out of town. 25 . Richard Kurth, owner of Broadway Bar & Pizza, indicated that he was opposed to the extension of the urban service area. He stated that he has a good septic system and good water. 26 . Mark Korthal, 17379 Tyler Street, indicated that he has seven acres of property and stated that the Council should think about the cost to the land owners for the extension of the services . He • stated that he is opposed to the extension of the urban service area. 27 . Marilyn Van Patten, 10451 175th Avenue, questioned what will happen to existing businesses if sewer and water is not in their area. She expressed her concern regarding these businesses being able to expand. 28 . Harold Novotny, informed the Council that the service district recommended by the Planning Commission is dominated by swamp land and State of Minnesota land. He questioned whether the state would be assessed for the extension of services . There were no other comments from the public regarding the utilities issue. Residential - Steering Committee Chair Bob Minton indicated that the Steering Committee and Planning • Commission took a firm commitment in recommending that the ten acre minimum lot size in the Al zoning district