7.8 SR 12-18-1995Issue
ITEM 7.8.
MEMORANDUM
TO: Mayor and City Council
FROM: Steven B. Ach, City Planner _alq�4
DATE: December 18, 1995
SUBJECT: Consider Granting a Six Month
Extension for a Moratorium on
Subdivisions, Public Hearing
Case No. OA 94-2
Consider ordinance 95- , establishing a six-month extension to a
moratorium on subdivisions of land outside of the City's current urban
service area. This moratorium will cover lands illustrated on the attached
map and will specifically prohibit subdivisions of land into parcels less than
10 acres in size.
Attachments
• Ordinance No. 95-
• Location Map
Overview
This extension of the moratorium will allow the Planning Commission and
City Council to establish the appropriate zonings and land use regulations to
protect the integrity of extension of utilities within the newly established
urban service boundary. If the process to amend the ordinance and finalize
the appropriate rezonings is completed prior to the six month period, the
moratorium may be terminated.
Please refer to the attached report to the Planning Commission dated
November 28, 1995, for additional information.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Planning Commission Recommendation
The Planning Commission recommended approving the ordinance extending
the moratorium for an additional six months.
Recommendation
It is recommended the City Council approve ordinance 95-_, establishing a
six-month moratorium on subdivisions of land within certain areas of the
City of Elk River.
ORDINANCE 95 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM OF
THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN
AREAS OF THE CITY OF ELK RIVER
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose. The City Council is nearing completion of the
process of updating the City of Elk River Comprehensive Plan. It is
anticipated that this process will take an additional six (6) months. One of
the major issues that will be discussed during this process is the extension of
City water and sewer services. The most likely direction for extending
utilities is to the east and southeast of the present sanitary sewer and water
area, to serve the commercial and industrial areas along east Highway 10
and the residential areas along the eastern edge of the City. Extending
utilities to the east and southeast will require a substantial City investment
in trunk facilities and improvements to the City's waste water treatment
plant. The City's ability to finance these facilities and improvements will
depend on its ability to assess benefited properties which will be served by
the new trunk facilities and plant expansion.
The most difficult properties to assess when extending municipal
utilities are large residential lots from two to ten acres. Properties which fall
in this category are expensive to serve with utilities for a single residential
unit, and are difficult to subdivide so that the cost of the utilities can be
spread over multiple units. The City has experienced this problem in the
past and is acting to prevent this from happening again so that this type of
residential development does not prevent the extension of utilities to serve
the commercial and industrial areas along east Highway 10 and the
residential areas along the eastern edge of the City. The Metropolitan
Council also recommends that rural areas which are intended to be served
with municipal utilities be restricted to ten acre minimum lot sizes for
residential lots.
This interim moratorium ordinance is therefore adopted to protect the
integrity of the comprehensive planning process and the health, safety, and
welfare of the Citizens of Elk River by assuring that development within the
affected areas of the City does not prevent the extension of utilities into these
areas if the Comprehensive Plan is amended to provide for such extension.
Ordinance 95 -
Pale 2
Section 2. Moratorium declared. During the term of this ordinance
and any extensions thereof, a moratorium is hereby imposed pursuant to
which no applications for subdivisions of land into residential parcels less
than ten acres in size shall be accepted or considered, and no such
subdivision shall be approved by the City Council, for any property which
cannot be served by existing sanitary sewer and water facilities and which is
located south of County Road 33 and east of State Highways 169 and 101.
Section 3. Term. This ordinance shall be effective upon publication
as provided by law and shall terminate 180 days thereafter, unless extended
by action of the City Council.
Passed and adopted by the City Council of the City of Elk River, this
day of , 1995.
Henry A. Duitsman, Mayor
Attest:
Sandra A. Thackeray, City Clerk
ordinance: 9 5mori
Floodplain
Al Agricultural Conservation
FR71a Single Family Residential V
RE 71b Single Family Residential
FR17C Single Family Residential
FR71d Single* Family Residential
Rte Single Family Residential
FR72 Two Family Residential
[R2 ',Twb' Faml I y'Re . siden I tial*
Townhouse/Multiple Family Residential
Multiple Family Residential
FPUa Planned Unit Development
Central Commercial
Office District
KE Highway Commercial
Light Industrial
12 Medium Industrial
Solid Waste Facility
FAT Antenna Tower
FME Mineral Excavation
LOCATION MAP
9
of
Item 5.5.
River MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach, City Planner/
DATE: November 28, 1995
SUBJECT: Request to Grant a Six -Month
Extension for Moratorium on
Subdivisions by the City of Elk
River, Public Hearing Case No.
OA 94-2
Request
Consider an ordinance establishing a six-month extension to moratorium on
subdivisions of land outside of the City's current urban service area. This
moratorium will cover lands illustrated on the attached map and will
specifically prohibit subdivisions of land into parcels less than ten acres in
size.
Attachments
Ordinance No. 95- , granting a six-month extension to the ordinance
establishing a moratorium on subdivisions.
• Location map
Previous Actions
May 24, 1994 - Planning Commission approved an ordinance establishing
a 12 month moratorium on subdivisions of land.
June 6, 1994 - City Council approved the ordinance establishing a 12
month moratorium on subdivisions of land
June 19, 1995 - City Council approved a 6 -month extension for a
moratorium on subdivisions of land.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
November 28, 1995 - Planning Commission consider 6 -month extension to
ordinance establishing a moratorium on subdivisions of land.
December 18, 1995 - City Council consider ordinance establishing a 6 -
month extension to ordinance establishing a moratorium on subdivisions
of land.
Analysis
As the Planning Commission and City Council near the end of review and
adoption of the Comprehensive Plan, there will still be some implementation
that will need to take place after the adoption of the plan. One of the major
issues relates to the ultimate urban service area and establishing
appropriate zoning controls to provide for the efficient extension of utilities.
In order to establish the appropriate zoning controls, an additional 6 months
will be needed to conduct the necessary public hearings before the Planning
Commission and City Council.
A tentative schedule staff would like to follow to accomplish the necessary
rezonings, ordinance amendments, etc., is as follows:
• Planning Commission meeting on 1/23/96
• City Council meeting on 2/20/96
Please refer to the attached reports to the Planning Commission and City
Council for additional information on this subject.
Recommendation
It is recommended that the Planning Commission recommend to the City
Council approval of the ordinance amendment establishing a 6 -month
extension to the ordinance establishing a moratorium on subdivisions within
the area identified on the attached map.
s:p1anning:pc:oa94-2