5.3. SR 05-02-2005
Item # 5.3..
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planne~
DATE: May 2, 2005
SUBJECT: Case No. LU 05-0 I
Request by Jeff Werner for Land Use Plan Amendment
Request
Consider a request by Jeff Wemer for a Land Use Plan amendment to include certain
properties on the east side of Cleveland Street in the Urban Service Area.
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), the deadline has
been extended to June 27, 2005.
Location
The properties are located on the East side of Cleveland Street, south of 189th Avenue and
north of 185th Avenue.
Zoning/Land Use
R1a (Single Family Residential) / RR (Rural Residential)
Attachments
. Location Map
. Map of Urban Service Area
. Memo from the City Engineer
. Minutes from March 22, 2005 Planning Commission meeting
. Minutes from July 12,2004 Council meeting
-
]effWemer/LU 05-01
May 2, 2005
Page 2
· Resolution No. 05-_
Overview
The applicant, and four other property owners, are requesting that their properties be
included in the Urban Service Area. The properties total about 70 acres and are located on
the east side of Cleveland Street, south of 189th and north of 185th Avenues.
Existing Conditions
The properties are currendy large residential lots and hobby farms. The north 20 acres is a
mix of woods, field and wetlands. This wetland and wooded area has been identified on the
Natural Resources Inventory. The NRI rated them C, which is moderate condition. The rest
of the properties are fields and isolated wetlands with wooded areas around the homes. The
topography is rolling hills. There is a NSP power line easement that cuts diagonally across
the southern properties.
Zoning and Land Uses
The properties on the west side of Cleveland Street are in the Urban Service Area and are
currently zoned Rld (Single Family Residential) and PUD (planned Unit Development). The
properties west of Cleveland include a 40-acre farm and a large (300 acres) undeveloped
parcel. These parcels will eventually be developed at urban density. The properties to the
north and south are not within the Urban Service Area and are zoned Rla. The property to
the north is a 215-acre farm. The property to the south is a 20-acre residential lot. To the
east is the City corporate boundary and Burns Township.
Issues
Comprehensive Plan Update
As part of the recent Comprehensive Plan update, Cleveland Street was set as the eastern
limits for city sewer and water. At that time the City Council was not interested in expanding
the Urban Service District for additional single-family residential development.
Sewer and Water Capacity
City sewer and water capacities are addressed in the City Engineer's memo.
Traffic
With the future reconstruction of Cleveland Street (CR 40), the street system will have
sufficient capacity handle traffic generated by these properties if they are developed at urban
density.
S:\pLANNING\Case Files\2005\LU 05-01 Wemer\LU05-01CC5-2.doc
]effWemer/LU 05-01
May 2, 2005
Page 3
Buffer Area
By not extending city sewer and water east of Cleveland Street, the larger 2.5 acre lots could
act as a buffer for rural residential area in Burns Township. If the area east of Cleveland is
included in the Urban Service Area, there will be urban sized lots abutting rural lots. This
situation is not unique to this area. This situation has occurred along the northern and
western boundaries of the Urban Service Area.
Planning Commission Meeting
At the Planning Commission meeting held on March 22nd, one adjacent property owner
spoke at the public hearing. Her property is in the middle of the lots that are the subject of
this request. She questioned what would be the impact on her lot should this request be
approved. It was explained that since she was not included in this request, if it was approved,
it would not impact her property. In the future, she could request that her property be
included in the Urban Service Area or, the city could initiate the process to include the
remainder of the properties east of Cleveland, including hers, in the Urban Service Area.
The Planning Commission's discussion focused on the timing of the request. They felt that
the properties should be in the Urban Service Area but questioned the timing. One
Commissioner felt that the CR 40 tumback and reconstruction assessment process should
be ftnalized prior to discussing expanding the Urban Service Area; another wanted an NRI
analysis completed prior to inclusion. Five of the six Commissioners wanted to see a concept
plan for the comprehensive development of this area prior to discussing extending sewer
and water. One Commissioner was in favor of the request. He believed that the concerns
regarding timing could be addressed as the properties are developed. Planning for access
could be part of the development process, not necessarily completed prior to inclusion in the
Urban Service Area.
Recommendation
The Planning Commission, by a 5:1 vote, recommended that the City Council deny this
request based on the following ftndings:
. Lack information on the CR 40 turnback process and assessments related to the
reconstruction of CR 40
. Lack of an NRI analysis of the properties
. Lack of information from adjacent property owners
Should the Council decide to approve this request, the approval could be based on the
following ftndings:
. Including these properties in the Urban Service Area is the logical extension of the
urban service boundary to the eastern corporate limits.
. There is sufftcient sewer capacity to service this area.
. Sewer and water will be available to the properties on the west side of Cleveland
Street.
S:\PLANNING\Case Files\2005\LU 05-01 Wemer\LU05-01CC5-2.doc
- I .
--t~
- 'I~-
.
Ij I 7l~O"~/
j/,,,,'<-ct9. ~~U>
7 I ~ /11< B
y/ /' '" ~ f-
r- Bia v ~ ~ "'"
v&-/ /
j WI 'f} V
m ';:J'-< :(
III ~ ;0- ~cj \~
~/I~ <0) 0;;: \~~
~() ~~ ~-
,7;>).'" "~v~ ~1
rl ~ ~\Y~ -,\
~11f[ -~ v
~ ~~ rTrl\i'- ~
f ~ ~.~:.sl'~ !
~"~E~ It::, J1~ ~
~ \A ~ -" /'li A f::.-
~~\-I Pv~
j\ \---\( J V ~ ~I\
\' ;~IU1~~r~
_ ~ PARK J, if 'I
tj ;:~rl ~ _ ~ 1/; 9l~ /
00 R~
:,.;._ 000 _~"<.\.I 1),\ '!\~ roj
b. 1< lIST AVENUE
V1fl.OO <\Il1TT rL: Jj \1
~30~ ~ to! .~ \
~t ~ l t= bi;QmlZ ~:~
azzmnll= HillSIDE II d ~?J ~fll l, ~ , <~
Cl r- ~ ~ I .1 ,f fN v N ~ ~
~~ CITY PARK L-{U\~t"& ~
~,-:/ v:W ~ n~ ~i 178 A NUE
tal p~t~~ ~ll ~
I
/
~
\ i
l I;~ _--fL-
--
l ~ ~., I, '"0 M,o /; ,.._ LN'"
~
~ ~
8 Z
!l! g 194TH
~ g
i ~
-
193RD
192ND
I----
~~ I
I~~
i:I
~
-
1915T
~
I--
19DTH
I
I
U>
~
I
T
)
31 189TH
...
LSq.E
&
,
f;
.pi
188TH
187TH
186TH
185TH
184TH
~
~-
~
r;
~
-
183RD
~
182ND
(
TW
3
i
8
--r::. ..:::::::--" !!ili!t.. RCAD NO. I":: "l..
~ ~./81ST
~
~ \ 1 77 180TH
~}J ''iLJbeN 179TH
~:;:/'
178TH
T \,
-
-,j
TW
3
~
(
Location Map
1f
N
Case Number: LU 05-0 I
JEFF WERNER
c
.,
~
~
U)
"
OIl)
c.
-.
^
f\
~
.,
,
.....
co
.....
en
-;
):-
~
z
13065 Orono Parkway
Elk River, MN 55330
March 17, 2005
Mr. Scott Harlicker, Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: WERNER PETITION FOR INCLUSION IN
URBAN SERVICE DISTRICT
Dear Mr. Harlicker:
As the Planning Commission and City Council consider the petition from the Wemer's and
several of their neighbors for inclusion of their property lying east of Cleveland Avenue
(County Road 40) into the Urban Service District, one of the main issues obviously is the
ability to provide sanitary sewer and water service to these properties. In 2004 the City
Council authorized a study of the availability of extension of city sanitary sewer service in
three areas of the city, this being one of them. The conclusion of that study was that
sufficient capacity can be provided at the Wasterwater Treatment Plant facility for the
extension of sanitary sewer collection system to provide service to the entire area lying north
of County Road 12 and east of County Road 40. Sewage flow from this area and the Cargill
property, which was another of the three areas looked at, is limited only by the capacity of
the major lift station located adjacent to Trunk Highway 169. In other words, any additional
capacity dedicated to this area in question lying east of County Road 40 will have somewhat
of a limiting factor on the amount of sewage capacity that can be provided to the Cargill
area. With that being said, if the Planning Commission and City Council deem that the
rezoning and inclusion into the Urban Service District is appropriate for this property, city
sanitary sewer and water service can easily be provided.
If you have any questions regarding this information, please call.
Sin~...
T~~~
City Engineer
Phone: 763.635.1000
Fax: 763.635.1090
. . s:\PLANNING\CaseFiles\2005\LU05.01 Wemer\031705 Engineer'smemo.doc
www.c1.elk-nver.mn.lis
Planning Commission Minutes
March 22, 2005
Page 3
MOTION CARRIED 6-0.
5.2. Request by Jeff Werner for Land Use Amendment to Include Certain Properties in the
Urban Service Area, Public Hearing - Case No. LU 05-01
Senior Planner Scott Harlicker presented the request by Jeff Werner to include certain
properties in the Urban Service Area. Mr. Harlick.er reviewed the existing conditions, zoning
and surrounding land uses, and issues related to the request regarding the Comprehensive
Plan update, sewer and water capacity, traffic, and buffer area issues. Mr. Harlick.er stated
that there are no limiting factors that would prevent this area from being included in the
Urban Service area, and that it is a policy decision that the Planning Commission and Gty
Council will need to make.
Chair Anderson opened the public hearing.
LaVonne Nordeen, 18168 Cleveland Street - Asked what the impacts would befor her if
the request was approved. Ms. McPherson stated that since her property was not part of the
application, her property would remain at the current 2 'h acre lot size standard. She stated
that the City Council could chose to amend the request and include everyone in this area. If
so, sewer and water would be available and if property owners decided to develop, they
would be assessed at that time for sewer and water. Ms. McPherson stated that she would
not be forced to do anything. Ms. Nordeen asked what that lot size would be if the request
were approved Ms. McPherson stated that urban lots are between 11,000 -14,000 square
feet.
There being no one else to speak to this issue, Chair Anderson closed the public hearing.
Commissioner Offerman stated that based on the information presented, there does not
appear to be a problem with including the property in the Urban Service Area, but that he
questioned the timing. He stated t4at he would like to see a more comprehensive plan for
this overall area.
Commissioner Stevens stated he concurred with Commissioner Offerman. He felt that the
Gty Council made it clear when they denied the request for the property south of 175m that
they want a plan for an entire area. He stated he would like to see the impact of the NRI
study. Commissioner Stevens stated that he feels it makes sense to include the subject
properties, but not at this time.
Commissioner Westgaard stated that he also would like to see this entire area included in the
Urban Service Area, not single parcels, from the south of line of Twin Lakes Road before it
turns north, to the City's eastern boundary line.
Commissioner Lemke stated that he felt this request was different from the previous request,
and did not see a need for a "master plan". Ms. McPherson stated that she disagreed and
felt there was some merit it looking at secondary transportation issues for the entire area.
She stated it is important that they look at logical transportation systems if the density is
going to change.
Commissioner Lemke stated that he did not feel the Commission could deny the property
owners to be included in the Urban Service Area until everyone wants to be included.
Planning Commission Minutes
March 22, 2005
Page 4
Chair Anderson stated that he felt this issue is not that different from the previous request,
and he was not in favor of bringing in isolated lots. He felt the whole area should be
brought in at one time.
Ms. McPherson stated that what is happening in this area is not that different from what will
happen north of County Road 33, where a phasing plan for density change will be
implemented. Temporary and permanent points along the County road system will be
identified to accommodate the change in density.
Commissioner Lemke stated that if the request is approved, they still can identify temporary
and permanent access points. He stated that he also would support including the entire area
east of County Road 12 and 13 to the eastern City limits.
Commissioner Offerman stated that he agreed with Commissioner Lemke that that the
entire area should be brought into the Urban Service Area, but that he felt it would be
premature to approve the request at this time.
MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER STEVENS TO RECOMMEND DENIAL OF THE REQUEST
BY JEFF WERNER TO INCLUDE CERTAIN PROPERTIES IN THE URBAN
SERVICE AREA BASED ON THE FOLLOWING FINDINGS:
lACK OF INFORMATION REGARDING COUNTY ROAD 40 TURNBACK
AND POSSIBLE ASSESSMENTS FOR IMPROVEMENTS.
NATURAL RESOURCES INVENTORY TASKFORCE HAS NOT HAD AN
OPPORTUNITY TO REViEW THIS AREA.
LACK OF INFORMATION FROM OTHER ADJACENT PROPERTY
OWNERS.
MOTION CARRIED 5-1. Commissioner Lemke opposed.
5.3. Request by Amcon for Conditional Use Permit to Construct Warehouse/Maintenance
Building. Public Hearing - Case No. CU 05-06
Senior Planner Scott Harlicker stated that Great River Energy proposes to construct a
55,560 square foot building to house warehouse space, shop space, and offices, as well as
156 new parking spaces. He noted that an existing print shop and warehouse will be
demolished. He reviewed the location of the new facility, building elevations, parking and
access, and landscaping issues. Staff recommends approval of the request with the two
conditions listed in the staff report to the Commission dated March 22, 2005.
Commissioner Stevens asked if any special design standards apply to this building. Mr.
Harlicker stated there are no special design standards, but that they will need to comply with
the minimum material standards in the ordinance.
Chair Anderson opened the public hearing. There being no one to speak. to this issue, Chair
Anderson closed the public hearing.
Chair Anderson asked if Great River Energy had any plans for their existing driveway, in the
event MnDOT decided to close their access onto Highway 10.
City Council Minutes
July 12, 2004
Page 5
Counci1member Motin stated that he would like to reconfigure the room to provide more of a
roundtable discussion regarding the plan. He felt that there should be more discussion
opportunities amongst the Council regarding the adoption of the Plan.
Mayor Klinzing stated that she was pleased with the Plan as it addresses full build-out of the
community and this is a Plan that the city can work towards. She agreed with the observation
that more commercial land needs to be designated in the Plan and looked to east Highway 10 in
response to development activities in the City of Ramsey.
Councilmember Tveite stated that this Plan is a framework and that it may need adjustments
from time to time as conditions warrant. He stated that while not everything in the Plan is
exactly what he would desire, it provides a foundation for future planning efforts.
Councilmember Kuester stated that her concern is the lack of adequate land for commercial and
industrial development. She stated her understanding was that the Plan projects a doubling of
the population of the city and therefore she felt that the amount of available commercial and
industrial land should also double. She stated that she felt that there should be more apartments
and mixed use opportunities and felt that the most appropriate opportunity for this would be in
the gravel mining area. Councilmember Kuester also stated that she would like to see additional
commercial land designation on the east side of Highway 169, north of County Road 21.
Councilmember Kuester stated that her concern with converting land north of CR33 to 2 %
acres from 10 acres is the need to complete the greenway' plan as well as expanding or working
towards transportation corridor improvements relating to future interchanges on Highway 169.
Counci1member Kuester stated that she likes cluster developments and thinks they are
appropriate. Mayor Klinzing stated that cluster developments equal more transportation because
of the fact that the density is higher.
Councilmember Motin noted that the Building and Environmental Department does not like
cluster septic systems and believes thafdue to a lack of monitoring and proper maintenance that
they are failures waiting to happen. Counci1member Motin noted however, that he also likes
cluster developments; they require installation ofless infrastructure and preserve open sp'~ce
which leads to the country portion of "Where city and country flow together". Councilii1ember
Motin reviewed the areas of commercial he would like to see within the revised land use plan.
He indicated that the areas that were removed from the current plan to the proposed plan
should be put back and that the area directly adjacent to Highway 10 between 171 st and 165th
Avenues should be commercial with industrial to the east.
..'\
The possibility of placing additional commercial development south of Cargill on both sides of
Highway 10 was also discussed.
The Council then discussed expanding the Urban Service District east of County Road 40. The
consenS\lS of the Council was that they were not interested in expanding the urban service
district for additional residential growth, with the possible exception of mixed use in the long-
term gravel mining plan.
Councilmember Motin stated that he likes the buffer created by!~ 2 V2 acre lot minimum
district adjacent to the corporate boundaries of the city and the City of Ramsey and Bums
Township. He stated, however, that if the school was unable to locate on land currently in the
Urban Service District he could support expanding the district if necessary.
CITY OF ELK RIVER
RESOLUTION NO. 05 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO INCLUDE CERTAIN PROPERTIES IN THE URBAN SERVICE AREA
Case No. LU 05-01
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Tuesday, November 9,
2004 and recommended approval regarding the Comprehensive Plan amendment request for the
property generally described as:
Exhibit A
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and f11lds the following:
1. Including these properties in the Urban Service Area is the logical extension of the urban
service boundary to the eastern corporate limits.
2. There is sufficient sewer capacity to service this area.
3. Sewer and water will be available to the properties on the west side of Cleveland Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the Land Use Plan be amended to include the properties described in Exhibit A in the Urban
Service Area.
PASSED by the City Council ofthe City of Elk River this 2nd day of May, 2005.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2005\LU 05-01 Wemer\Resolution.doc
EXHIBIT A
n
.J:
o