Item 5.2 •
Item # 5.2
City of
Elk -�-�
River
MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner
DATE: December 17, 2002
SUBJECT: Case No. LU 01-06
Request by Cascade Land Company to Amend Comprehensive
Plan to Include Property in the Urban Service District
Request
• Consider a request by Cascade Land Company to amend the Comprehensive Plan to include
approximately 6 acres in the Urban Service District.
Location
South side of 1756 Avenue at the Polk Street alignment.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location map
• Survey of property
• Map showing existing urban service boundary
• Map of adjacent properties
• Minutes from July 24, 2001 and October 23, 2001 Planning Commission meetings
• Minutes from November 19, 2001 City Council meeting
•
Memo to Planning Commission/LU 01-06
December 17,2002
Page 2
•
Overview
Background
In July 2001 the Planning Commission was asked to consider including this property in the
Urban Service Area.The Commission felt that the adjacent 8 parcels should also be included
in the request and recommended that staff include them in the analysis. Staff made a
recommendation that the 80 acres on the south side of 175th Avenue be included in the
Urban Service Area. The Planning Commission recommended denial of staff's
recommendation. The City Council considered the application in November 2001 and
denied the request. The applicant is now back before the Commission with the original
request to include the 6 acre parcel in the Urban Service Area.
Existing Conditions
The applicant is requesting to amend the land use map to include approximately 6 acres in
the Urban Service Area.The property is on the south side of 175th Avenue at the Polk Street
intersection. There is an existing single family residence on the property. There is a small
wetland on the property,located near the southeast corner of the lot.The property is fairly
level with a small rise in the northeast corner,where the existing residence is located,and a
shallow depression near the center of the site.The property is mostly open with scattered
III
trees.
The surrounding properties are zoned R1a,which is considered Rural Residential with a 2.5
acre minimum lot size. The adjacent land uses are large lot single family residential. This
parcel is one of 8 properties that are clustered on the south side of 175' Avenue east of
Tyler Street.These lots are bounded by property owned by Cargill on the east, 175th Avenue
on the north,Tyler Street on the west,and property that is included in the proposal for Elk
River Station on the south.
The properties on the north side of 175th Avenue are included in the Urban Service District.
On October 20, 1997 the City Council amended the Comprehensive Plan to include the
property on the north side of 175th Avenue in the Urban Service District.Included as part of
this amendment was a condition that urban services would not be extended to this area prior
to 2007.
Sewer and water have been extended along 175th Avenue from Twin Lakes Road to the Park
Pointe subdivision.The existing shallow well that provides water for the property went dry
as a result of the dewatering done as part of the construction of Twin Lakes Road. The
applicant reached a monetary settlement with the contractor regarding that well. The
applicant has connected to the sewer and water services without being assessed and prior to
inclusion in the Urban Service District.
Analysis
•
S:\PLANNING\Case Files\LU 01-06 Cascade Land\PC12-17.doc
Memo to Planning Commission/LU 01-06
December 17,2002
Page 3
The issue of bringing a small isolated parcel into the Urban Service Area raises several
• concerns.It is difficult to foresee how this parcel will develop on its own and be consistent
with the future development of adjacent parcels.The future zoning of this and the adjacent
properties has not been determined.At this time there is no clear vision as to how this parcel
and the adjacent parcels should be developed. Bringing this parcel into the Urban Service
Area prior to having an idea regarding future development could be premature.The future
development of this area could be included as part of the comprehensive plan update. Once
that is completed,the city could consider including this property,and possibly others,in the
Urban Service Area.
Options
There are three options that the Commission should consider.The first option is to include
a portion of the existing parcel that includes the residence in the Urban Service Area but not
the majority of the parcel.The second option is to include the entire 6 acre parcel.The third
option is to not include any of the parcel in the Urban Service District.
The Planning Commission could recommend that only a portion of the 6 acre parcel that
contains the existing residence be included in the Urban Service Area.This would address
the issue of providing services to the existing residence. The majority of the parcel would
remain as rural residential.The remainder of the parcel could be considered for municipal
sewer and water after the comprehensive plan update is completed. At that time the city
would have a vision regarding the long range development of this area.This option would
• require an administrative subdivision to create the new lot for the residence.
The second option would be to include the entire 6 acre parcel in the Urban Service Area.
The applicant has included a concept of how the parcel could be developed into single
family lots with city sewer and water.Issues related to this option include compatibility with
future adjacent land uses and development patterns.By including the entire 6 acre parcel in
the Urban Service Area without a long range plan for future development,the city is limiting
future options.
The third option would be to not include any of the parcel in the Urban Service District.
This would require the applicant to drill a new well for water service to the residence. It
would also leave all possible future development options open.
Recommendation
In order to continue utilize the existing residence the parcel needs water.Water can either be
provided by a new well or by connecting to the city water and sewer;both are valid options.
Staff does not think that the second option,including the entire 6 acres in the Urban Service
District,is appropriate because of the impact on future long range development of the area.
•
S:\PLANNING\Case Files\LU 01-06 Cascade Land\PC12-17.doc
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Planning Commission Minutes
July 24,2001
• Page 2
Staff recommends approval of the interim use permit with the condition that the installation
complies with the Building and Fire Codes.
Chair Pederson opened the public hearing.
Chair Pederson asked if the applicant would still meet their parking requirements. Chair
Franz asked if the temporary trailers would match the existing buildings.
Rob Kirkpatrick,deacon at Alliance Church,stated that the parking area on the north
side of the gym is used very little and could be used for parking during church services. He
stated that the color of temporary classrooms matches their existing building and that the
trim can be changed to match, as well.
Chair Pederson asked if the applicant feels they will need the full five years for the temporary
classrooms. Mr.Kirkpatrick stated that staff required them to provide an ending date,and
they felt they could meet their objectives within the five years. He noted that they could get
the best deal with a 3-year lease.
Commissioner Baker asked where they are in the process of acquiring property. Mr.
Kirkpatrick stated that the church has a signed purchase agreement with Mr.Morrell and
they are in the process of raising funds for the purchase.
Commissioner Mesich asked if plantings on the south property line shown on the drawing
have been completed. Mr.Kirkpatrick stated that not all the plantings are in,but that they
IIIare continuously making improvements to the property. Commissioner Mesich felt
completion of plantings should be required to provide screening from Lions Park.
The Commissioners were in agreement that the temporary classrooms should match the
existing building as closely as possible,and that the five year time period was acceptable,
with the exception of Chair Pederson who stated he was not comfortable with a five-year
time limit.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY ALLIANCE COMMUNITY CHURCH FOR AN INTERIM USE
PERMIT TO ALLOW INSTALLATION OF TEMPORARY CLASSROOMS
UNTIL SEPTEMBER 1, 2006 WITH THE FOLLOWING CONDITION:
1. THE INSTALLATION SHALL COMPLY WITH THE BUILDING AND
FIRE CODES.
2. AN APPROPRIATE NUMBER OF PLANTINGS BE INSTALLED ON
THE SOUTH PROPERTY LINE AS DETERMINED BY STAFF.
3. THE COLOR AND TRIM ON THE TEMPORARY CLASSROOMS
MATCH THE EXISTING BUILDING.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
a5.2. Request by Cascade Land Company,LLC for Land Use Map Amendment to Include Certain
Property in the Urban Service Area, Public Hearing— Case No. LU 01-06
Planning Commission Minutes
July 24,2001
• Page 3
Staff report by Scott Harlicker. Cascade Land Company is requesting to amend the
Comprehensive Plan to include approximately 6 acres in the Urban Service District. The
property is located on the south side of 175th Avenue at the Polk Street alignment. Mr.
Harlicker reviewed activity within '/a to % mile of the site which included the Northstar
Corridor station,the proposed Elk River Station PUD,and possible extension of utilities
under/with 175th Avenue when road improvements are done. Staff requests that the 8
nearby residential properties on the south side of 175th Avenue also be considered with this
request.
Commissioner Mesich asked where the wetlands were located in this area. Mr.Harlicker
indicated wetland areas on the map. Commissioner Mesich asked when 175th Avenue is
proposed to be improved. Terry Maurer,City Engineer,stated that road improvements are
scheduled for 2002.
Commissioner Schuster asked why utilities would be extended under/with175th at this time.
Mr.Maurer explained that it would be cost-effective to construct the utilities when the road
is torn up anyway. He stated that the City is receiving pressure to develop the Mitchell
property, and that the Kliever Lake Hills and Kliever Lake Fields plats are already being
processed. He noted that the Council has not made a decision on these properties
Commissioner Schuster asked if the utilities are not put in now, how and when would
utilities be put in later. Mr.Maurer explained that they would be placed in a corridor along
the road (in the right-of-way) in 2007 as planned.
Commissioner Baker asked why the 2007 date was established. Mr.Maurer explained that
. this area was included in the Urban Service District as part of the Comprehensive Plan
update,but the Council wanted to give the residents time to decide what they wanted to do
with their property. He stated that the Council did not want to force the residents to hook
up to city sewer and water if they did not want it.
Commissioner Baker asked what the ramifications would be if the entire 80 acres were
included in the Urban Service District at this time. Mr. Maurer stated that it would be
available for development with services,but that residents that don't want it yet would not
pay for it and that developers would bear the cost of extending utilities to a particular
property. Mr.Maurer noted that from an engineering standpoint,there is no reason utilities
cannot be extended to the area. He explained that the system has the capacity to handle this
area and that any properties hooking up to services would help pay the cost.
Chair Pederson opened the public hearing.
Jim Brown, representing Cascade Land Co., applicant, agreed with staff's
recommendation to look at this entire area. He noted that his company owns property on
both sides of 175th Avenue NW.
Diane Brinson, resident on 175th Avenue, stated that there are wetlands in the
southeastern corner of the subject property. She felt that only 2 of approximately 15
property owners in this area are interested in selling their land for development. She asked
what is being proposed for the property. Mr. Brown explained the concept plan for the
subject property.
Commissioner Mesich asked if the developer has contacted the school district to find out
what the impact of this number of homes would be on the school district. Mr.Brown stated
Planning Commission Minutes
July 24,2001
Page 4
• that they have not spoken with the school district. He felt that it makes sense to service this
area and that it will have a positive impact.
There being no further public comment, Chair Pederson closed the public hearing.
Commissioner Schuster asked Mr.Maurer his opinion on the issue. Mr.Maurer stated that
he was in agreement that it would be more cost-effective to combine areas to be serviced,
rather that to"piece-meal"services to only 11 lots. He stated that the system would have to
be looped to service a small area.
Chair Pederson,Commissioners Franz,Schuster and Baker expressed their concurrence that
it makes more sense to consider this whole area. Commissioner Schuster stated that he
would like to know how the other property owners feel about the issue. Mr.Maurer stated
that approximately 200 acres of the area designated for services in 2007 has already been
approved or approval is requested for services at this time. Mr.Harlicker stated that there is
the same situation on 181st Avenue,where there are smaller parcels and services are being
extended to larger parcels for development.
Discussion followed regarding various options for acting on the request by the applicant.
Mr.Harlicker stated that the Commission could either approve or deny the request,or table
the request until such time as the area can be looked at as a whole.
City Attorney Peter Beck stated that the Council would need to determine whether or not
this property should have been included in the urban service district in the first place,and,if
• the 2007 date should continue to be used as a guideline for development. He stated that it is
the City Council's policy to request the developer/property owners bear the entire cost of
extending utilities. He stated that the City Council has the discretion to deny a request for
extension of utilities prior to 2007,if they choose. He felt that when the 2007 date was
established,the issue was staging the city's ability to build the infrastructure and also to allow
the property owners time to make decisions.
City Attorney Peter Beck asked if the applicant was willing to waive the required 120 day time period
for action on his application by the City Council. Mr.Brown,representing the applicant,
stated that they would be willing to waive the t;,,,e limit and would provide a letter stating so
to staff.
COMMISSIONER BAKER MOVED TO TABLE INDEFINITELY THE
REQUEST BY CASCADE LAND COMPANY, LLC FOR A LAND USE MAP
AMENDMENT TO INCLUDE CERTAIN PROPERTY IN THE URBAN
SERVICE DISTRICT. COMMISSIONER SCHUSTER SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
CHAIR PEDERSON MOVED TO RECOMMEND THAT THE CITY COUNCIL
CONSIDER THE ENTIRE 80 ACRE SITE FOR INCLUSION IN THE URBAN
SERVICE AREA,AS OUTLINED BY STAFF. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
5.3. Request by Dynamics Design and Land Company for Preliminary Plat Approval(Hilltop
Woods Estates 2nd Addition), Public Hearing— Case No. P 01-11
• Staff report by Scott Harlicker. Dynamics Design and Land Co.requests g q s preliminary plat
approval for a 20.16 acre clustered single family development. The applicant is allowed 8
Planning Commission Minutes
October 23,2001
Page 11
•
Chair Pederson stated that he felt some level of finishing is needed for the showroom space.
He stated he would not support the ordinance amendment at this time. He suggested
looking at what other cities are doing regarding office/warehouse space, such as
Minnetonka,Plymouth,the Carlson Complex along 494,or Champlin for some comparison.
Chair Pederson stated that he felt it was important to look at the amount of warehouse space
that is actually needed, and whether or not this is an appropriate use in a business park.
COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY THE CITY
OF ELK RIVER FOR AN AMENDMENT TO THE BUSINESS PARK DISTRICT
STANDARDS, CASE NO. OA 01-09. COMMISSIONER FRANZ SECONDED
THE MOTION. THE MOTION CARRIED 4-0.
5.7. Request by the City of Elk River to amend the Comprehensive Plan to Include Certain
Property in the Urban Service District
Scott Harlicker stated that the City of Elk River requests an amendment to the
Comprehensive Plan to include approximately 80 acres located on the south side of 175th
Avenue and east of Twin Lakes Road in the Urban Service District. Mr.Harlicker explained
this request prompted by discussions during the review of the Klein property for extension
of water and sewer. Mr.Harlicker reviewed the existing conditions,current zoning and land
uses, and proximity of the area to the current Urban Service District. Staff recommends
approval of the land use amendment based on the findings listed in the staff report.
Chair Pederson opened the public hearing.
IIIJerri Graham, 17451 Tyler Street,asked that the Planning
of the request. She felt that the 8 properties are well-established and thatothe e waend s no
documentation made available to them when they purchased their property that the zoning
would be changed. Ms.Graham stated that the character of the neighborhood is somewhat
a nature"oasis"and made a better gateway to Elk River than high density. She stated that
the school district cannot keep up with the higher density that keeps coming. She felt that
the Commission has an opportunity to slow down growth. Ms. Graham stated that the
properties in question were not developed with future subdivision in mind and many have
livestock.
Ijaz Osman, 10616 175th Avenue, stated that feels like he is stuck and that he has no
control over what is being decided for his property. He stated that he did not wish to move
but if his property is included in the Urban Service District,he will be forced to sell. Mr.
Osman asked what is happening with the North Star Corridor project. Mr. Harlicker
explained that proposal for federal funding was approved,and that they will be going to the
state for funding this year. Mr. Osman stated that he felt if Cargill has no plans for
development,that this area should be able to remain rural,as well. He felt this is an example
of where "City and Country Flow Together" as the City's motto states.
There being no further public comment, Chair Pederson closed the public hearing.
Commissioner Baker asked what it will mean to the property owners to bring the property
into the Urban Service District at this time. Mr.Harlicker stated that it would mean water
• and sewer would be made available and the property owners would be assessed. Terry
Maurer explained that if the City Council approved including the property in the Urban
Service District,they would likely establish a time frame such as the 2007 date was set for
Planning Commission Minutes
October 23,2001
Page 12
• water and sewer for the Highway 12/Fillmore area. Commissioner Baker asked if the
density would be changed. Mr.Harlicker explained that next step would be to amend the
land use and zoning designation in the Comprehensive Plan.
Commissioner Ropp asked what the costs would be for a property owner to hook up to
sewer and water. Mr.Maurer estimated that the trunk assessment would be$6,500 per acre,
the lateral assessment would be $50 a foot (approximately $4,000),plus the costs for
bringing the sewer and water from the right-of-way to the home. In addition,there would
be charges for the actual sewer and water connections to the house. Mr.Maurer explained
that it would be cost-prohibitive for these 8 single family residences to pay the assessments
and they would be forced to subdivide their property and sell it. He noted that it has
typically been the City Council's policy when including property in the Urban Service
District,not to assess property owners the trunk and lateral assessment until a specified date
in the future.
Mr. Osman asked why a time line would be given to hook up. Mr.Maurer stated that the
Council felt it was appropriate to allow the homeowners time to decide what they were going
to do with their property. He stated that if the property is not included in the Urban Service
District, they will not be assessed,but if it is approved the City Council would set a date.
Commissioner Baker felt that it was time for the City to review the Comprehensive Plan and
see if other changes are needed, as well.
Discussion followed regarding 175th Avenue. Mr.Maurer stated that the current plans for
175th do not include sewer and water, but that adequate right-of-way will be provided for
• possible future extension.
Commissioner Franz stated that he felt a higher density for this area may be justified if the
area was all cornfield,but it includes a large wetland complex which serves as a buffer. He
felt this is a good reason why the area was not included in the Urban Service Area during the
last Comp Plan review. He also felt a review of the Comp Plan was in order, to address
these types of issues as well as areas for townhomes.
Commissioner Baker stated that the future of the North Star Corridor is uncertain at this
time. He felt it would be appropriate to review the Comprehensive Plan to see where the
City is at and where it is going.
Commissioner Ropp felt that it is possible a review of the Comprehensive Plan may allow
areas with a rural character such as this to remain. He did not feel a compelling reason to
bring the property into the Urban Service Area at this time.
Chair Pederson stated that it appeared logical to bring the area into the Urban Service
District, but after looking at it more closely, there is a considerable amount of wetland.
Also, he felt that that it is unknown at this time if the transit-oriented community will
happen.
COMMISSIONER FRANZ MOVED TO RECOMMEND DENIAL OF THE
REQUEST BY THE CITY OF ELK RIVER TO AMEND THE LAND USE PLAN
TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE DISTRICT,
• AS DESCRIBED IN THE STAFF REPORT TO THE PLANNING
COMMISSION DATED OCTOBER 23, 2001, CASE NO. OA 01-11, BASED ON
THE FOLLOWING FINDINGS:
Planning Commission Minutes
October 23,2001
Page 13
1.
THE AREA INCLUDES A LARGE WETLAND COMPLEX WHICH
WOULD NOT BE BUILDABLE.
2. DEVELOPMENT OF THE AREA TO THE SOUTH IS UNKNOWN
AT THIS TIME.
3. THERE ARE NO PLANS FOR DEVELOPMENT OF THE CARGILL
PROPERTY.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION
CARRIED 3-1. Commissioner Baker opposed.
6. Other Business
6.1. U.date on 9/15/01 Cit Council Meeting
Ms. McPherson provided an update on the September 15, 2001 City Council
meeting.
8. Adiournment
There being no further business,COMMISSIONER BAKER MOVED TO ADJOURN
THE MEETING. COMMISSIONER FRANZ SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
The meeting of the Elk River Planning Commission adjourned at 10:00 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
S
City Council Minutes Page 7
November 19,2001
41111 COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.4. Request by the City of Elk River for a Land Use Plan Amendment to Include Certain
Property in the Urban Service District
Senior Planner Scott Harlicker indicated that the City is requesting to amend the
Comprehensive Plan to include approximately 80 acres in the Urban Service District
along the south side of 175th Avenue east of Twin Lakes Road. Scott stated that the
Planning Commission recommended denial of the request and staff recommends
approval of the request.
Scott reviewed the staff report. He distributed and read into the record a letter from
Geraldine Graham, 17451 Tyler Street that was addressed to the Council. Ms. Graham
indicated that she was opposed to the request.
Councilmember Dietz questioned whether the existing property owners would be
assessed for trunk sewer and water. City Administrator Pat Klaers indicated that the
Council typically does not assess existing homeowners for trunk utility extensions. He
further indicated that the Council could put any type of time stipulation on the trunk
assessment to the undeveloped areas, much like what was done for the area north of
175`h Avenue.
• The Council discussed the request and stated it was not in favor of the request due to
the following reasons:
• Most of the residents are not in favor of the request.
• Although the area will be included in the urban service district at some time,
the Council wanted the request to come from the residents.
• The Council is not interested in assessing residents for sewer and water if they
don't request it.
• The Council felt it was important to update the Comprehensive Plan prior to
making these types of land use decisions.
COUNCILMEMBER MOTIN MOVED TO DENY THE LAND USE PLAN
AMENDMENT TO INCLUDE CERTAIN PROPERTY ON THE SOUTH SIDE
OF 175' AVENUE IN THE URBAN SERVICE DISTRICT.
COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION
CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED.
The Council requested that the Planning Commission discuss the need to revise the
Comprehensive Plan. The Director of Planning indicated that she would discuss this at
the December Planning Commission meeting.
7. Other Business
• No other business.