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6.6. SR 05-16-2005 Item # 6.~. MEMORANDUM TO: FROM: Mayor and City Council Scott Harlicker, Senior Planne,* May 16, 2005 DATE: SUBJECT: Case No. LU 05-01 Request by Jeff Werner for Land Use Plan Amendment Request Consider a request by J eff Werner 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 Rla (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 - ]effWemer/LU 05-01 May 16, 2005 Page 2 · Minutes from July 12, 2004 Council meeting · 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 currently 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 R1d (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 Rh. 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. T rafflc 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\LU05-01CC5-16.doc ]effWemer/LU 05-01 May 16, 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. Plannin& Commission Meetin& 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 turnback and reconstruction assessment process should be finalized 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 fIndings: . 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 findings: . Including these properties in the Urban Service Area is the logical extension of the urban service boundary to the eastern corporate limits. . There is suffIcient 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 FiIes\2005\LU 05-01 Wemer\LU05-01CC5-16.doc 1--1. II -~~ - 'I~ . II Iln/" '~/ 1/,-;, ~'" I -r~<P' 11< ,. y/ //"' ; f- : ~ V:7 \ " l-" II ~t 'I ~ /II ~ ~ ~v \ V Wb ~~,,~ \'~7 [II? 'F ~~~~~~ r~ y'~P- l '>- /\vr ~ . ~t, 't '<-in \ ~" LfN II II : 1. v ~~I- -W ~ 'i ,U~l'i;.:s:1 If:>> ~ ' ~ /,-/~~ /1---/1 T0- ~~ ~ A ~ Ttl;1iV '1> '" ~ 0 kf 3>" ~ v~~ ~) ~ ~ ~~I ~ h ; ;F~ ~ ~'- v" \~0/?~ ~l$ I/!"j~t ~'" y~~\&)jf-... ~ (I) j:::;'t:- 1______ ~~~v - ;qODOO :-rrn~ ~ ~oo!<~ 71 1- {;~~.lJ AVENUE ~ OUj ~ L- . '1 ;r.y, ~ I- . 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Co --, n " ~ .., , ""'" eo ..",L C/) -f .l> ~ 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: WERNERPETITION 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 W asterwater 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. Sincrely,_ T~~ City Engineer Phone: 763.635.1000 Fax: 763.635.1090 . . s:\PLANNING\Case Files\200s\LU 05-01 Wemer\03 1705 Engineer's memo.doc www.C1.elk-nver.mn.us 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. Harlicker 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. Harlicker 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 City Council will need to make. Chair Anderson opened the public hearing. LaVonne Nordeen, 18168 Cleveland Street - Asked what the impacts would be for 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 l,.2 acre lot size standard. She stated that the City Council could chose to amend the request and include evetyone in this area. H 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 infonnation 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 that 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 City 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. 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 TIlE REQUEST BY JEFF WERNER TO INCLUDE CERTAIN PROPERTIES IN TIlE URl3AN SERVICE AREA BASED ON TIlE FOLLOWING FINDINGS: LACK OF INFORMATION REGARDING COUNTY ROAD 40 TURNBACK AND POssmLE ASSESSMENTS FOR IMPROVEMENTS. NATURAL RESOURCES INVENTORY TASK FORCE HAS NOT HAD AN OPPORTUNITY TO REViEW THIS AREA. LACK OF INFORMATION FROM OTIlER ADJACENT PROPERTY OWNERS. MOTION CARRIED 5-1. Commissioner Lemke opposed. 5.3. Request by Amcon for Conditional Use Permit to Construct WarehouselMaintenance 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 Councilmember 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 1f2 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. Councilmember 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 that due to a lack of monitoring and proper maintenance that they are failures waiting to happen. Councilmember Motin noted however, that he also likes cluster developments; they require installation ofless infrastructure and preserve open space which leads to the country portion of ''Where city and country flow together". CounciJfuember Morin 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 1715t and 165m 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 consensl,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 Morin stated that he likes the buffer created by the 2 1/2 acre lot minimum district adjacent to the corporate boundaries of the city and the City of Ramsey and Burns 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 fInds 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 suff1cient 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 of the City of Elk River this 16th day of May, 2005. Stephanie Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk t' -tt..J: 13 . , - 'J> "1 Y ~ - 1 " t-- t ~"l ,,~ '" r -7 ) ~ w LI b- \j EXHIBIT A 11 - I I I .. I ......J .. ' , r --- - I ~ ~ I ~ ~.l,r::t JTT~ TrrY - - ), r--, ~~~ - PrE\{ ~~ [tJ&- ~. 7\ I r- :: J T\) t: ~. fl _ _ 1 -- ~ - j r l ~ -- '- - L - - -, 'I -7 L, . ~_\k.BIr-~ ~ \ J m Ilf "'I\lIJH~.~ · ~ _ r- -c- , _, _ ~= =- ~I\'H\: I --'"- F::::::::: ~ I ~ ,: ':' 1 /;3. - t). I ~ ',I: L--o - I - - ~ I I -.J - ~ n I