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Item 5.4 • Item # 5.4 �j City of Elk -_ River MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Senior Plann DATE: February 26, 2002 SUBJECT: Case No. OA 02-01 Request by the City of Elk River for an Amendment to the Zoning Code to allow therapeutic massage as a permitted accessory use in certain districts and to amend the definition of "personal service establishment". • Request Consider a request by the City of Elk River to amend the zoning ordinance to allow therapeutic massage as an accessory use and to amend the definition of personal service establishment to specifically include therapeutic massage.This request would include adding therapeutic massage as an accessory use in the Business Park district as professional offices, including medical offices, are a permitted use in the Business Park district. Overview Existing Ordinance Therapeutic massage is currently allowed as a conditional use in the following districts: Cl (Central Business),C2(Office District),C3 (Highway Commercial)and as a conditional use home occupation in the residential districts. A yearly license is also required. Analysis Because medical clinics, chiropractic clinics and personal service establishments often include therapeutic massage as part of treatment or as an accessory service,these businesses, which are usually a permitted use, have to go through the conditional use process. Conditional use permits are intended for uses that might result in adverse impacts and 4111 provide a means by which the City can address any potential adverse impacts. • Since there are not any adverse impacts associated with therapeutic massage as an accessory use,it appears that it could be allowed as a permitted accessory use.The business or person providing the service would still have to apply for a yearly license.Any concerns that the Council may have could be addressed at that time. Staff has also considered allowing therapeutic massage as a stand alone use. A massage therapy business would have the same type of impacts as a personal service establishment. Personal service establishments include beauty parlors,tanning salons and any place where, for a fee,personal services are provided to individuals on the premise.Because therapeutic massage fits the definition of a personal service establishment,it should be treated as such. Even though by definition therapeutic massage should be included as a personal service establishment, a therapeutic massage business would still be required to apply for a yearly license from the City Council. Recommendation Staff is recommending that therapeutic massage be allowed as an accessory use to the following: • medical clinics • chiropractic clinics • personal service establishments IIITherapeutic massage would still require a conditional use permit if a person wanted to do it as a home occupation. Staff is also recommending that the definition of"personal service establishment" be amended to specifically include therapeutic massage. • Item # 6.2. Ji City of Elk -�-1 River MEMORANDUM TO: Planning Commission FROM: Michele McPherson,Director of Planning DATE: February 26, 2002 SUBJECT: Disposition of City Owned Land, Consistency with the Comprehensive Plan Request The Planning Commission is asked to find that disposition of City-owned land is consistent with the Comprehensive. The land is proposed to be exchanged with D.R. Horton. IIIAttachments • Map of Parcels Proposed to be Exchanged • George Deschenes Property • Topography, Outlot K Analysis As a condition of the plat for Trott Brook South,the City required the applicant to purchase two outlots from Elk River Crossing (the plat of Home Depot/Wal-Mart). During staff discussions with the applicant,it was suggested to exchange the two outlots and the remnant parcel from the George DeSchene acquisition for Outlot K of Trott Brook Farms 1' Addition. D. R. Horton has submitted a proposal detailing this exchange to staff. Outlot K,Trott Brook Farms 1s`Addition,was discussed as potential parkland during the platting process for Trott Brook Farms. The City attempted to obtain Outlot K for park purposes as part of the overall development however, this was not accomplished. A portion of the George Deschenes property has been utilized for a well and water treatment facility by Elk River Municipal Utilities. There is developable land on the remnant that will be used for housing units by D. R. Horton. III S:\PLANNING\MICHMC\PLREPRTS\2 26 02 Land Disposition.DOC Memo to the Planning Commission Land Disposition February 26,2002 • Page 2 The use of the Outlots and Deschenes remnant will be for residential development, consistent with the City's land use plan. Outlot K has been identified on the Master Park Plan as a Conservancy park. Recommendation Staff recommends that the Planning Commission find that the disposition of City land is consistent with the Comprehensive Plan. • 4111 • • • 100 N �s .-1�s r ' OUTLOT K tt11 0 �L� OUTLOT C h+ 1 4 \'\o , OUTLOT K TgTO OUTLOT L \ 1 \co O O e DESCHENE ., / 8 fr 451117qi ® o�s �� • 1 Aril OUTLOT G j I>S �•. 4 Okrityl 13 M� /s 16 OUTLOT B 1 :vo AR�/ i6 21 mik'Oat of OUTLOT L 11E o 182nd . NW • 6 ,, 40tiG I j' 4 4 OUTLOT E mom Eli 111117...-%- ffillirial:71.11 - ----- \ ' 1ibtlillakr s,.' 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As you can see from reviewing Rusty's proposal, it details on a step-by-step basis, the process that will be conducted in order to • update the Comprehensive Plan. Please review Rusty's proposal carefully and be prepared to discuss and provide input and direction for a recommendation to the City Council which will be considered on February 11`h • S:\PLANNING\MICHMC\MEMOS\CompPlanUpdate2.doc • Updating the Comprehensive Plan City of Elk River February 20, 2002 Contents Introduction 1 Assumptions 1 Work Program 2 1 Define the Context 2 2 Analyze Trends, Forces and Issues 4 3 Establish a Community Vision 5 4 Explore the Possibilities 6 5 Define How Elk River Will Look and Function 7 6 Develop the Plan and Strategies/Seek Approvals 8 7 Document the Results 10 Budget 10 Schedule 11 Introduction The following document describes the proposal of Hoisington Koegler Group,Inc. (HKGi) for assisting the City of Elk River(City)with the updating of the Comprehensive Plan(Plan). The III Work Program has been prepared based on discussions with Planning Commission and City Staff, knowledge of the community and firm experience in community planning. The Work Program contains a detailed explanation of the tasks and work products for this process. The Work Program serves as the basis for the Budget and the Schedule. The Work Program blends what we have learned about Elk River with our experience in comprehensive planning. The Work Program represents HKGi's recommended approach for the planning process. HKGi will work with the Planning Commission, City Council and Staff to revise the Work Program (if necessary) to better meet your needs. Assumptions The Work Program for updating the Comprehensive Plan is based on the following assumptions. Changes in these assumptions may alter the Work and the Budget. • The HKGi approach places a high priority on interaction with residents,businesspersons and community stakeholders, allowing those who participate the opportunity to shape planning concepts and to evaluate proposed directions throughout the planning process. • The approach to the work, as described below,also emphasizes implementation strategies as a part of the process of defining a preferred plan. HKGi's experience shows that an understanding of implementation feasibility framed concurrently with the development of • plan options leads to an enhanced ability to implement the plan. Waiting until the physical planning is complete too often results in plans that lack financial or market Work Program (2/21/02) IIIreality. We believe that by more directly integrating market and finance realities with physical planning efforts,the final plan more readily moves toward implementation. • It is our understanding that the City will establish a Task Force to oversee the preparation of the Plan. The Work Program identifies a number of meetings required to obtain Task Force input and direction. The Work Program also includes Planning Commission and City Council updates at various intervals on major policy issues and plan progress. • Unlike past planning projects, City Staff will not be required to lead the process. The use of outside consultants allows staff to play a more meaningful role in updating the Plan while continuing to efficiently manage day-to-day operations. City Staff provide an important source of local knowledge and technical expertise. This Work Program assumes that City Staff will be responsible for facilities scheduling and notices required for all meetings. City Staff will distribute pre-meeting information packets as may be needed. If possible,HKGi will provide City Staff with printed or electronic files for reproduction prior to each meeting. City Staff will be responsible for the distribution or publication of materials prepared by HKGi under the Communications Plan(Task 1.9). • The Work Program sets forth a specific number of meetings related to the planning process. In addition to the meetings listed in the work tasks, up to six(6)meetings with City Staff are included in the Work Program. Other meetings required by the City will be treated as an additional service. Work Program • 1 Define the Context 1.1 Assemble base mapping and GIS Data The purpose of this task is to help HKGi gain a thorough working knowledge of the community and to identify the existing character and patterns that define the City of Elk River. Unique and special attributes of the community will be identified which will establish the groundwork for the remainder of the planning process. 1.2 Assemble base mapping and GIS Data Accurate and usable mapping plays an essential part of the comprehensive planning process. It is our understanding that the City Engineer(H.R. Green)will have completed work on a current City base map prior to the start of the planning process. This Work Program assumes that the City will provide base mapping in electronic form compatible with ArcView GIS software. This data should include parcel level mapping with associated parcel attribute information from Sherburne County. [The Work Program elements related to geographic information systems (GIS) data are not complete pending further discussions with the City. Issues to be resolved included application of existing County data, application of existing City data, objectives for new data generation through the planning process, and role of HKGi.] 1.3 Collect and review relevant plans and studies • This process seeks to avoid reinventing the wheel. HKGi will review all relevant plans and studies to understand current goals and policies and find data that can be used in the planning process. Among the plans and studies to be reviewed are : ©Hoisington Koegler Group, Inc. Page 2 Work Program (2/21/02) IIIII • Comprehensive Plan(1995) • Comprehensive Transportation Plan(1995) • Master Park and Recreation Plan(1997) • Key Financial Strategies(2002) • Strategic Industrial Marketing Plan(2000) • Results of Downtown Visioning Process(2002) • Northstar Commuter Rail Corridor planning documents • Pavement Management Program(2001) • Housing Plan(2001) 1.4 Conduct a tour of Elk River Representatives of the community will be asked to show us Elk River. While gathering qualitative information about the community,the tour allows the planning team to hear anecdotal information about Elk River. 1.5 Conduct Task Force kick-off meeting HKGi will conduct an orientation session for the Task Force. The purpose of this meeting will be to prepare Task Force members for their role in the planning process. The meeting agenda will include a brief primer on comprehensive planning, a thorough review of the Work Program and the establishment of the project calendar and meeting schedule. Agreement on the initial meeting schedule will be an important factor in keeping the process on track during the summer months. HKGi will provide each Task Force member with a three-ring binder containing a set of basic III documents concerning the planning process. Subsequent handout materials can be added to the notebook to make a planning reference book. 1.6 Conduct a windshield survey of the City The survey will be used to complete mapping of existing land uses and distinctive elements of Elk River. 1.7 Complete base mapping HKGi will prepare a series of maps illustrating existing conditions. The base maps will include: existing land use, environmental resources,transportation systems including jurisdictions and functional classifications,utility service areas,public lands, and existing parks and open spaces. All maps will be produced in ArcView and will include Metadata documentaries. 1.8 Meet with City Staff Meet with City department heads to make sure that all City staff members have access to the planning process and can begin to contribute from the beginning. This session will also include a discussion of issues. 1.9 Conduct Public Meeting#1 It is important to foster strong community participation in the planning process from the outset. In the overall time table,the first public meeting should occur in May. This step helps to engage the public before summer. The purposes of Public Meeting#1 will be to orient the public to the planning process and to learn about Elk River from a community perspective. HKGi will • assemble written materials for the session and will prepare general analysis graphics for reference ©Hoisington Koegler Group, Inc. Page 3 Work Program (2/21/02) • by attendees. HGKi will prepare a written summary and PowerPoint presentation on input received from this meeting. 1.10 Communications plan HKGi will prepare a monthly"update sheet"on the Comprehensive Plan. The update sheet will be used to inform the community about meetings, findings and other aspects of the planning process. Text and graphics will be provided in electronic format acceptable to the City. The City will be responsible for publication of this information in City newsletter, in local newspaper, on City website,and on cable television. 1.11 Meet with Task Force This meeting of the Task Force will examine the results of Public Meeting#1, discuss plans for Public Meeting#2 and preview Task 2. Deliverables— Task 1 • Base map for comprehensive planning process • Task Force reference notebook • Written and PowerPoint summary of Public Meeting#1 • Communications plan • Communications update sheet(s) 2 Analyze Trends, Forces and Issues • The purpose of this task will be to analyze trends and to identify issues that will need to be resolved during the course of the planning process. 2.1 Assemble data HKGi will assemble demographic and economic information needed to analyze primary trends and forces shaping the future of Elk River. This task will build upon the data gathered through the recently completed Key Financial Strategies. 2.2 Analyze data and identify key trends HKGi will analyze changes in demographic and economic characteristics of Elk River. The purpose of the analysis is to understand how Elk River has changed over the past 20 to 30 years and to look for factors to consider in planning for the future. HKGi will prepare a PowerPoint presentation illustrating the results of this analysis. 2.3 Prepare population and employment projections HKGi will prepare 20 year projections of City population and employment. The projections will illustrate the implications of alternative development scenarios. 2.4 Calculate land demand HKGi will use the population projections to calculate the land demand based on varying density assumptions and land use policy options. 2.5 Conduct interviews • HKGi will conduct interviews of key"community leaders" in Elk River(up to 12 contacts). Community leaders may include either public or private sector individuals who reside in or do ©Hoisington Koegler Group, Inc. Page 4 Work Program (2/21/02) • business in Elk River. These interviews offer an opportunity for the early involvement of boards and commissions not otherwise represented on the Task Force. Other potential parties for involvement include Elk River school officials, county commissioner, major employers, residential neighborhood association leaders, business owners and civic leaders. The purpose of the meetings is to allow these individuals the opportunity to discuss the community outside of the normal public meeting forum. In past comprehensive plans, HKGi has found that information provided during these discussions is more candid and objective because we are looked at as a third party rather than being a"representative"of the City of Elk River. 2.6 Meet with Task Force HKGi will meet with the Task Force to review the results the community leader interviews, demographic analysis and population projections. 2.7 Deliverables— Task 2 • PowerPoint presentation on demographic and economic trends • Technical memorandum on population projections and land demand analysis • Summary of community leader interviews • Monthly communications update sheet 3 Establish a Community Vision The purpose of this task will be to define the elements of a vision for the City of Elk River. The IIIvision will address community's aspirations for what Elk River should be in the future and what actions will be important in realizing the community's shared vision. 3.1 Conduct Public Meeting#2 HKGi will design and conduct a public meeting to help frame the elements of the vision. The format for this session will be interactive small and large group discussions with a specific focus on defining"What do residents want Elk River to be in 2012 and 2022?" This meeting also provides the opportunity to follow-up and clarify issues raised at Public Meeting#1. A written summary of meeting results will be prepared. HKGi will assemble written materials for the session and will prepare general analysis graphics for reference by attendees. 3.2 Prepare draft vision statement HKGi will prepare a draft vision statement. The vision will be assembled from the public input and information gathered to this point. The vision will be used to guide and direct the assembly of the Comprehensive Plan. 3.3 Conduct Task Force Workshop The draft vision statement will be presented for review and modification by the Task Force. 3.4 Communicate the Vision HKGi will work with Staff to find the appropriate vehicles for communicating the draft vision with the community. HKGi will prepare a written summary that can be published as a newspaper advertisement, in the City's newsletter and on the City's web site. • Deliverables— Task 3 ©Hoisington Koegler Group, Inc. Page 5 Work Program (2/21/02) • • Written and PowerPoint summary of Public Meeting#2 • Complete and summary of vision statement • Monthly communications update sheet 4 Explore the Possibilities This task will develop and evaluate a range of general growth options and scenarios that address future growth in Elk River. 4.1 Create development concepts HKGi will create at least three alternative development concepts. These alternatives will not be detailed plans, but rather demonstrations of possible patterns, organizations and connections within the community. These alternatives will be presented in a variety of forms including drawings, illustrations,diagrams,plans and other graphics. Vignettes may be developed to show the way aspects of each concept would satisfy various elements of the vision for the community that was established during the vision phase of the plan. These concepts will illustrate potential land use patterns and the integration of environmental and transportation systems. The alternatives will address major issue areas that have been identified including but not necessarily limited to: 41) • Development along Highway 10 and Highway 169 Corridors • Protection of wetlands,trees and other natural resources • Mixed-use versus suburban-style development patterns • Types and densities of residential land uses • Development plans and policies for the urban fringe area • Land consumption based on the pace and form of development • Potential industrial growth areas • Residential and commercial redevelopment areas • Reclamation of mineral extraction areas • Transit oriented development opportunities • Location of public facilities • Traffic • Municipal utilities 4.2 Identify general goals and policies HKGi will recommend general goal and policies associated with each of the future growth alternatives. Policies will relate to land use,transportation, environmental resources,public services and facilities, parks,housing and community image. The goal/policy statements will note if the statements reflect current Comprehensive Plan policies, contain modifications of current policies, or reflect new policies. 4.3 Conduct concept review workshops HKGi will design and conduct two workshops to present and receive feedback on the alternative • development concepts. The first workshop shall be with the Task Force. The second workshop will include Task Force,Planning Commission,and City Council. These sessions will include a ©Hoisington Koegler Group, Inc. Page 6 Work Program (2/21/02) • discussion of the concepts and patterns depicted by each alternative,their"fit"with the vision elements that were identified by the community,and broad based policy implications that are implied by each alternative. 4.4 Test the alternatives One objective of the City in undertaking an update of the Comprehensive Plan is to consider the "sustainability"of future development patterns. In this task,HKGi will test the implications of the various alternatives. This test will include an initial evaluation of servicing capabilities and traffic issues. The testing will include a general review of the financial implications(cost of providing infrastructure and services)of each of the identified alternative land use concepts. The examination will consider the required pattern of sanitary sewer, storm water management,water, electric and transportation services necessary to support each of the land use alternatives to ensure that they represent viable options. 4.5 Gain approval to proceed HKGi will conduct a workshop meeting with the Task Force to review the outcome of this Task and to gain approval to seek broader community input on each of the alternatives. Deliverables— Task 4 • Written and graphic description of development concepts • Statements of goals and policies • Technical memorandum describing the results of the"testing"analysis • Monthly communications update sheet • 5 Define How Elk River Will Look and Function The purpose of this task will be to determine which of the development alternatives or blend of the development alternatives best fits the City of Elk River and the vision that has been articulated by the community's residents. 5.1 Create evaluation criteria HKGi will prepare a method of evaluation to facilitate the selection of appropriate options and policy directions. 5.2 Conduct community meetings(#3 and#4) HKGi will conduct two(2)community neighborhood meetings to present the future growth alternatives and to seek public comment. Written summaries of each meeting will be prepared. 5.3 Select preferred alternative HKGi will conduct one workshop with the Task Force,Planning Commission and City Council to review the input received and to identify a preferred future growth alternative. Deliverables— Task 5 • Written summary of community meetings • Written and graphic materials used to facilitate group decision making process • Monthly communications update sheet . ©Hoisington Koegler Group, Inc. Page 7 Work Program (2/21/02) • 6 Develop the Plan and Strategies/Seek Approvals This task includes detailing the preferred future growth alternative and the policies associated with that alternative and the documentation, in draft form, of the Comprehensive Plan. 6.1 Prepare draft plan HKGi will prepare a draft of the Comprehensive Plan. The Plan will include the following elements: A. Introduction/Purpose B. Forces that impact Elk River- strengths,weaknesses, opportunities and threats C. Vision D. Trends and Projections E. Plan Elements including: 1. Land Use Plan Element-Goals,policies,plans,maps and supporting text that depicts the desired future land use plan. 2. Transportation Element - Goals, policies, plans, maps and supporting text related to the community's total future transportation system including road, rail, transit and bicycle/pedestrian circulation. The transportation element of the plan will include recommendations pertaining to highway corridors, the arterial/collector street system, transit services and facilities,traffic signals,river crossings and railroad crossings. • 3. Housing Element - Goals, policies, text and graphics related to future housing needs within the community. The housing element will provide a plan for maintaining housing affordability while emphasizing a range of housing choices. It will specifically address future housing patterns by examining suburban subdivision practices as well as other forms of development that may result in more "traditional" neighborhoods. It will be coordinated with the land use element of the comprehensive plan to ensure that an adequate supply of land exists to accommodate future residential growth. 4. Community Facilities Element - Goals, policies, text and graphics related to the future need for community facilities including but not limited to the library, fire stations, and community center. 5. Utilities Element- Goals, policies,text,plans and graphics related to the future provision of water, sanitary sewer, electric, and storm sewer. The basis for the utilities element of the plan will be information available from the city. 6. Park and Recreation Element - Goals, policies, text, plans and graphics outlining Elk River's future park and open space system. This element will include the identification of future park sites and the integration of open space and natural areas as part of the Elk River park system. It will include a trail plan accommodating movement throughout the community as well as providing connections to adjacent existing and planned regional trails. 7. Environmental Resources Element - Goals, policies, plans, text and maps depicting • significant natural resources in Elk River and the surrounding area and their impact and importance to the future development of the community. ©Hoisington Koegler Group, Inc. Page 8 Work Program (2/21/02) . 8. Community Image Element- Goals, policies,text and graphics pertaining to a consistent image for the City of Elk River. This element will contain general appearance guidelines for the downtown area and major roadway corridors. It will also address community entry points and other physical improvements that support an identified theme. 9. Community Development Plans and Studies—Goals,policies,text and graphics to update portions of the economic development process and to address historic preservation issues. This section will also incorporate results of the visioning process for the Downtown. 10. Goals, policies, text and graphics pertaining to future annexation position for the City of Elk River. F. Implementation strategies including: 1. Growth management and land use controls 2. Transportation 3. Public services 4. Parks and open space 5. Housing 6. Community image 7. Financial strategies(links to financial management plan) 6.2 Present draft plan HGKi will conduct up to three(3)workshops to present and receive comments on the draft Plan. III HKGi will work with staff to design the specific approach on how best to involve the Task Force, Planning Commission, City Council,Utilities Commission,HRA,EDA, and other City boards and commissions. 6.3 Modify the draft A revised draft of the Plan will be prepared to incorporate the changes identified by the decision maker review. 6.4 Obtain public input HKGi will use two forums to seek public input on the draft Plan. An open house provides a less formal and less threatening means of presenting the Plan for public comment. HKGI will also facilitate the required public hearing on the Plan. 6.5 Review public input HKGi will summarize the input received at the open house and public hearing. Recommendations on Plan modifications(if needed)will be made. 6.6 Reach consensus on final Plan HKGi will conduct one workshop to review public input and proposed Plan modifications. This workshop will be used to finalize the Plan. Deliverables— Task 6 • Text and graphics assembled in draft plan document • • Written, graphic and PowerPoint(if any)materials used to present the Plan. ©Hoisington Koegler Group, Inc. Page 9 Work Program (2/21/02) ID 7 Document the Results The purpose of this task will be to document the final Comprehensive Plan update after it has been adopted by the City Council. Subtasks will include: 7.1 Prepare final text and graphics. 7.2 Prepare camera-ready original copy for subsequent printing by the City. 7.3 Prepare summary with text and graphics for website 7.4 Provide computer disk including Plan in Microsoft Word and all AutoCAD and Arc View graphics information. Deliverables— Task 7 • Final work products as described above Budget The preparation of the budget for a planning process is a balancing act. The budget seeks to provide the services required of this undertaking while bearing in mind the cost of the services. Three basic factors influence the Work Program and Budget. • Nature of Elk River—Elk River presents a wide range of planning issues. Key issues include the pace, location, form and management of growth, maintaining the vitality of existing neighborhoods,preserving the natural environment,managing investments in public services and improvements. The size of the City increases the complexity of planning from data collection to the creation of development scenarios. The planning process is designed to allow sufficient time to consider all of the factors that shape your future. Interactive Process—The planning process is not one where HKGi gathers the data, goes to the office and returns with"the Plan". A successful process is interactive,where the ideas of the consultant are tested and refined to find the best fit with Elk River. This interaction occurs through a variety of meetings. The meetings are used to convey information, present planning concepts, gain feedback and formulate directions. The total meetings contained in the Work Program are 11 decision maker workshops, 6 public/community meetings and 7 meetings with staff Budget Approach—The Budget in this proposal is a not-to-exceed amount to perform the tasks in the Work Program. This approach means that the Budget must account for the potential unknown elements of the planning process. The time included to complete each task is estimated based on our past experience and knowledge of Elk River. Regardless of our experience,the Budget remains based on estimates. The actual effort is only known as the process evolves. HKGi will complete the tasks described in the Work Program for an amount not to exceed $87,340. This figure includes staff time and expenses. HKGi will bill the City on a monthly basis as work is performed. • The proposed budget is distributed as follows: ©Hoisington Koegler Group, Inc. Page 10 Work Program (2/21/02) III Task Budget 1 Define the context $12,100 2 Analyze trends, forces and issues 7,050 3 Establish a community vision 5,190 4 Explore the possibilities 22,480 5 Define how Elk River will look and function 8,880 6 Develop the plan and strategies/seek approvals 25,580 7 Document the plan 3,560 Expenses 2,500 TOTAL $87,340 This Budget accurately reflects the effort required to undertake the tasks contained in the Work Program. We recognize that the Comprehensive Plan must also fit within the financial realities of the City. The City can reduce the Budget by eliminating tasks from the Work Program. Potential changes include the following: 1. Shift base mapping to City/HR Green $1,680 2. Delete community tour(Task 1.3) 940 3. Delete one(1)community meeting(Task 3.1 or 5.2) 2,080 4. Delete community leader interviews(Task 2.5) 1,530 5. Delete communications plan(Task 1.9) 840 Additional reductions can be considered with the realization that they may alter the effectiveness • of the planning process. Schedule The Work Program spans a 12 to 15 month period. The chart below illustrates the projected schedule for the planning process. 1. i i a 92 i Yit a s A [J 8 4IL i [ I Define the context - 2 Analyze trends,forces&issues 5 Establish a community vision - a Explore the possibilities 1111111111111111111 s Define how Elk River will look and function I Develop the Plan and IIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIII Strategies/Seek Approvals 7 Dcoument the results - IIII ©Hoisington Koegler Group, Inc. Page 11 Sof Elk River 13065 Orono Parkway MEMORANDUM Elk River,MN 55330 TO: Planning Commission FROM: Scott Harlicker, Senior Planne r� DATE: February 26, 2002 SUBJECT: Concept plan for Becker property Attachments Location map Concept plan Overview • Attached is a concept plan for the development of the Becker property. The property is located north of Trott Brook Farms on the east side of Twin Lakes Road and is 113 acres. The developer,Tollefson Development,Inc.,is proposing to develop the property as a mix residential use PUD. The development will be a mix of back-to-back town and rambler townhouse units and single family. The single family lots range in size from 70 or 75 feet wide to 80 feet wide. The developer is proposing 170 back-to-back townhouses,50 rambler style townhouses and 103single family lots(323 total units).The density of the project based on gross acres is 2.82 unit/ac. (323/113=2.86). • Phone:763.441.7420 Fax:763.441 7425 wwwci.elk-river.mn us x a , -1 s 2 „ s y J,, � � _/\ cP , Nr\\6 -75 // v . ‘4,.410 J S - )� ,. ( , ' 'c- \ // J W PARCEL B • S grj 12 M/ T ' l / • // 4,E„ \I -___ _ _ __ =__ SITE (j,26 p ` . O G> ,0 ,Gt '':,fir,::,', - ,r. • .i. - ,-57'fpr; �h __ I 1 \ S S � OUTLOT K O OUTLOT C « 1 e \ ri,Q Tl _ . OUTLOT L CO / O O_ --- c 131R,0°1(/ IA� ) I ,/ • 4-. ..,1 Location MapN E• s `'� Case Number: BECKER PROPERTY River • ' '1'1 BACK TO BACK TOWNHOMES: 170 ' . ' ' V :S:7 ?' ROW TOWNHOME UNITS: 50 r 1.�l SMALL LOTS (75): 62 - 4*.e.�',7, / ��'' LARGE LOTS (85'): 41 ' ' . ������a / :` i I'L'L' ; AVO , ' O / / / v,4* • 4fro, • 40 - O j/ / ' yv� ! / ❑ PRELIMINARY CONCEPT CEPT PLAN • j �ij ❑ /1TBASED ON AVAILABLE DATA 2-8-02 vNO TOPOGRAPHYjO � ;; ❑ ❑ / � O ❑ v NO ENGINEERING / / 0 D A / Q '�,, �i,/ / , O /. / O o —w.0s* O i 1 O 4(kli to. , 0 ‘ 2„ ./. r 1 / `ice34,11" - O 0 i ,?/,'„,4% 0 . '• , - i / •#". 0 .,•,,A, # \/4"' v4, /// /., ...$0_, 7' •• ;f4, cfw4 ',/ r -,3 0 V)f4t/,- ' // ' , 0 0 0 $ ? / 0,, .,._., N JL JLrit LIii [__i •ow. tfr Ott- 4 Q ❑ ■ �/ /� // p. . vt. or • ti In i fl 01; ‘4-161111111111111.1111111111111.1.m. 4II ! hft 'M '■/// lig PARK //i / ril 0 0 ,- / I. ❑0;1 -, /////////// />/ i ,,/,& , ii , /WETLAND /11 / �% / • TEN COMMON MISTAKES IN LAND USE ORDINANCES A Presentation to the 2002 Minnesota Association of City Attorneys Educational Conference and Annual Meeting February 8-9,2002 Duke Addicks, Special Counsel, League of Minnesota Cities (651)281-1221. addicks@lmnc.org In reviewing over 60 sets of land use ordinances over the past three years, I have discovered that there are many common mistakes made by those who drafted them. Also, there have been several changes in the Municipal Planning Act(M. S. §§ 462.351 to 462.365) which conflict with and override provisions in existing land use ordinances. City attorneys should encourage every planning commission and zoning administrator to review their existing ordinances to determine if they are consistent with the following suggestions. 1. 60 Day Rule.Most city zoning ordinances have built in time limits which, if followed,would result in a timeline which exceeds that permitted by law. Timelines should either not be included in land use ordinances or changed to conform to the 60 day rule. Also,the 60 day rule requires that the • approval/disapproval process operate in a certain way. • M. S. § 15.99 requires cities to issue or deny zoning permits, rezoning petitions, and to approve or deny other land use related applications, including applications for variances and conditional use permits,within 60 days after a complete application is received or the application will be deemed approved. An application is deemed completed unless within ten days after the application is received written notice is given the applicant of what information is missing in order for the application to be complete. • A city council must either approve or deny an application within 60 days after the completed application is filed,unless the Council determines within that 60 day period that an additional 60 days is necessary and informs the applicant in'writing of its decision to and the reasons for extending the first 60 day period by an additional 60 days. • If a city denies the application it must state in writing at the time of the denial the reasons for the denial.Written notice of the approval or denial must be sent to the applicant within the 60 day period. • The failure of a vote to approve an application is not deemed to be a denial of the application. A motion to deny the application must be adopted.See Manco of Fairmont v. Town Board of Rock Dell Township, 583 N.W. 2d 293 (Minn.App. 1998). 2. Time Frame for Plat Approval. Likewise many land use ordinances have • • timelines inconsistent with the law concerning plat approval. 1 • Approval of an application for a preliminary plat must be given within 120 • days unless both the city and the applicant agree to an extension. • Final approval must be given 60 days after the applicant has met all requirements and conditions. See M. S. § 462.358. • Some city attorneys believe that the 60 day rule explained in note 1 may apply to the approval of preliminary plats. Referral to county engineer or state department of transportation. M. S. § 4( 505.02, as amended by Laws 2001, Ch. 497, requires that at least 30 days 1 ---------prior to taking final action on a preliminary plat, the proposed preliminary plat must be presented to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway. Within five days after receiving a preliminary plat that includes or borders on an existing or proposed county road, the city must submit it to the county engineer for review. The commissioner of transportation and the county engineer must report to the city within 30 days with any comments and recommendations they may have. Counties are required to adopt guidelines for the review by the county engineer. No preliminary plat may be approved by a city until these comments and recommendations are received and considered.This requirement does not extend the 120 day time under the planning act (or the 60 day rule, if it applies to preliminary plat approval).Within ten days after approval of the preliminary plat,notice must be sent to the commissioner or the county board explaining how the comments and recommendations have III been met. 3. Adoption and amendment of zoning ordinances. Until recently a 2/3 vote of the council was necessary to amend a zoning ordinance, under M. S. § 462.357, Subd. 2. Most zoning ordinances still contain this requirement. The legislature has recently changed this requirement by Laws, 2001, Chapter 207, to a simple majority of the council, except that the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the city council. In our opinion, a _ council • i 1 of b i r i . c• • I ire a 2/3 vot• to amend a zoning ordinance, G L-�� `v except in the circumstances mentioned above, or to approve any application for P w����, a permit.The planning act clearly states that it provides a"uniform procedure ��t for adequately conducting and implementing municipal planning". See M. S. �,� ' 462.351. 4. Variances. Many zoning ordinances were drafted with standards for granting variances which are less restrictive than those required by law;These standards :f should be deleted and the law quoted The statutory authorization for variances is very restrictive and specific. F variances to subdivision regulations, see M. S. §462.358, Subd. 6,which permits variances only "where an unusual hardship on the land exists". For variances to zoning regulations,see M. S. §462.357, • Subd. 6(1),which permits variances from zoning ordinances only"in instances 2 111/ where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. `Undue hardship' as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted,will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 2,when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board,or governing body, as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties." • 5. Conditional Uses. M. S. §462.3595 provides the method for issuing conditional use permits. Conditional uses are a cure for a problem with the use of the land and the city cannot impose conditions that go beyond resolving the problem. Conditional use restrictions must be reasonable and imposed only after a hearing is held. The city cannot require that conditional use permits be renewed it after a specific time. Once a permit is granted, it cannot be modified except with the agreement of the city and the landowner. Conditional use permits cannot be for a specific erio (use a licensing procedure for occupations where an annual cense and review is desired). A conditional use permit must be recorded by the city and the conditional use runs with the land and applies even to subsequent purchasers of the land so long as the conditions are being met. A conditional use permit can be revoked after a hearing if there is not substantial compliance with the conditions. 6. Special Use Permits. Many older land use ordinances and some older League publications use the term"special use permit". There is no statutory authority for a special use permit, and courts will likely assume that a special use permit is in reality a conditional use permit and require that the processes for issuing a conditional use permit contained in M. S. §462.3595 be followed.Wherever the term"special use" occurs it should be chased in the ordinance to"conditional use". ID7. Nonconforming Uses. State Law,M. S. §462.357, Subd. le (enacted by Laws 2001, Chapter 174) now provides that"any nonconformity,including the lawful 3 �.� use or occupation of land or premises existing at the time of the adoption of an 1110 additional control under M. S. Chapter 462, may be continued, including through repair or maintenance, but if the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is zt - destroyed by fire or other peril to the extent of greater than 50 percent of its �` market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy."The new law does provide that"a municipality may by ordinance impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health,welfare, or safety." The new law also provides that it"does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance." The ordinance should be changed to quote the above language and remove any conflicting language or requirements. 8. Fee requirements. Most, if not all ordinances, now are inconsistent with many provisions of the state law concerning fees,M. S. § 462.353, Subd. 4, as amended by Laws 2001, Chapter 207. 'w�� A city may prescribe fees sufficient to defray the costs incurred by it in reviewing,investigating, and administering an application for an amendment i - ` (A9`,,) to its land use regulations (zoning and subdivision regulations, official maps, z ti etc.), an application for a permit, or some other approval required under its � %h �J land use regulations. -'J_- 1-`t g `) 1 / • These fees must be establishe ordinan 1 • These fees must be"fair, reasonable, and proportionate to the actual cost of ✓�t,)1)4' the service for which the fee is imposed. • Cities are required to "adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected". • If a dispute arises over a specific fee imposed by a city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court.An approved application would proceed as if the fee had been paid, pending a decision by the court. 9. Manufactured Homes (Mobile Homes).Most ordinances conflict with state law concerning the location of manufactured homes on residential lots. • No city zoning regulation may prohibit manufactured homes built in conformance with the manufactured home building code and which comply with all other zoning ordinances promulgated pursuant to the state law authorizing cities to zone. See M. S. §32731 to 327.35 and M. S. 462357, Subdivision 1. • A manufactured home is defined by law as a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length,or,when erected on site, is 320 or 4 • more square feet,and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code established by M. S. §327.31, Subd. 3. See M. S. § 327.31, Subdivisions 3 and 6. • Manufactured or "mobile" homes built before July 1, 1972, that is before there was a manufactured home building code, most likely do not comply with the code. Thus these older mobile homes are not included in the provisions of the zoning laws or manufactured home laws which prohibit the zoning out of manufactured homes. They may be restricted or prohibited within the city. Existing non-compliant mobile homes remain as non- conforming uses. • Other manufactured or "mobile" homes which do not meet the above requirements,including the size requirements, are not included in the definition of"manufactured homes" and thus are not included in the provisions of the zoning laws or manufactured home laws which prohibit the zoning out of manufactured homes.Existing homes which do not comply with the manufactured home building code remain as a non-conforming use. • For purposes of city land use controls adopted before August 1, 1981, M. S. § 1111 327.36 re-defines the term "mobile homes" when it occurs in those ordinances to include the term "manufactured homes" as defined in the above law. Newer ordinances which define "mobile home" as structures which do not comply with the manufactured home building code,can restrict or prohibit the use of these "mobile homes" as residences within the city. However, existing "mobile homes" remain as non-conforming uses. • A city can not require a manufactured home which was built under the manufactured home code to comply with any other building,plumbing, heating or electrical code or any construction standards. See M. S.32732, Subdivision 5. • Cities can apply architectural and aesthetic requirements to manufactured homes only if the same architectural and esthetic requirements also apply to all other single family homes in the zoning district,not just to manufactured homes. See M. S. 327.32, Subdivision 5. 10. Manufactured home parks. Likewise, many ordinances inconsistent with the state law and rules concerning manufactured home parks. • A manufactured home park is, by law, a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. • Cities can not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home set back requirements in any manufactured home park constructed before 5 . January 1, 1995, if the manufactured home park, when constructed, ID complied with the then existing density,lot-size and setback requirements, if any. See M. S. 462.357, Subdivisionsla and lb. • If a city has enacted an ordinance requiring that manufactured homes within the city be secured by an anchoring system, a manufactured home can not be installed in a manufactured home park unless the manufactured home is secured by the anchoring system prescribed by the manufactured home building code. See M. S. 327.32. Subdivision 6. • Manufactured home parks are licensed by the State Department of Health under M. S. §327.15 and Minn. Rules parts 4630.0200 to 4630.2210. Cities are prohibited from licensing manufactured home parks by M. S. §327.26. Cities in their zoning ordinances should establish a conditional use permit process including requirements not inconsistent with the state rules.The City of Faribault established an "Operation Safe Mobile Homes" ordinance (Faribault Ord. 90-03)which establishes a time of sale inspection process and is available from the League or that city. I have not cited many cases in these materials. For more information about this topic, and for court cases on these points see Chapter 16 of the New 2002 Searchable v45 Handbook for Minnesota Cities coming soon to www.iniac.org rr. The New 2002 Searchable On-Line Handbook for Minnesota Cities contains links to i all federal and state laws and rules and regulations, all federal and recent state • court cases, recent attorney general opinions,web sites of various state and federal departments and agencies,links to LMC and LMCIT publications, and links to many additional sources of information.The On-Line Handbook will be updated constantly as new laws and court decisions occur. A printed copy of the On-Line is available from the League for$60,but since the On-Line Handbook W�� :( 1,,,,,k.Atilandbook V --will be constantly updated, any printed copy will soon be out of date (no supplement service is offered).A person wishing to order a printed copy should not place an order until after the upcoming legislative session so all new state laws are included. For information on the League's Codification Service,now providing codification services to over 100 Minnesota cities, contact Duke Addicks at the League addicks@lmnc.org 0 6