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8.1. SR 06-06-1994 rei ----\) ( ); 'l~ ITEM 8. 1. MEMORANDUM FROM: MAYOR AND CITY COUNCIL STEVEN B. ACH, CITY PLANNER~ JUNE 6, 1994 TO: DATE: SUBJECT: REQUEST TO ESTABLISH A MORATORIUM ON SUBDIVISIONS BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-2 REQUEST Consider an ordinance establishing a twelve (12) month moratorium on subdivisions of land outside the city's current urban service area. This moratorium covers the area illustrated on the attached map and will specifically prohibit subdivisions of land into parcels less than ten (10) acres In sIze. e ATTACHMENTS Ordinance No. 94-_, Location Map, Report to the Planning Commission dated May 24, 1994 OVERVIEW As the City Council is well aware, the process of updating the Comprehensive Plan has recently commenced. One of the main issues that is currently being studied by Terry Maurer and will be addressed as part of updating the plan, is considering the options available for the extension of city sewer and water into the eastern area of the city. With the uncertainty of the exact area that may be served with city water and sewer, it is important to preserve a potential service area by prohibiting further subdivisions of land into parcels less than ten (10) acres in size. Therefore, the moratorium will protect the planning process until decisions are made. e This moratorium will specifically prohibit subdivisions of land into parcels less than ten acres in size within that area described on the attached location map. In other words, if a property owner controls forty (40) acres, that parcel could be subdivided into four (4) ten acre parcels. On the other hand, any lot P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Moratorium June 6,1994 Page 2 e size less than ten (10) acres will not be permitted while this moratorium is effective. The purpose of this moratorium is not to stop development, however, it is intended to maintain large lots (minimum ten acres) to allow for the efficient extension of city water and sewer into the eastern area of the city. Once the City Council determines the limits of the next urban service area, the appropriate zoning can then be established and the moratorium terminated. For additional information, please refer to the attached Planning Commission Report. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended approval of the interim ordinance establishing a twelve (12) month moratorium on subdivisions of land. The Planning Commission felt this was an important ordinance to establish during the update of the Comprehensive Plan to prevent possible subdivisions that may be contrary to the ultimate long range planning for the eastern area of the city. e RECOMMENDATION It is recommended the City Council approve the interim Ordinance No. 94- _ along with the attached location map identifying the specific area that will be affected establishing a twelve (12) month moratorium on subdivisions creating lots less than ten (10) acres in area. e mort. council FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265 135.213.1994 11:16 P. 2 e ORDINANCE 94 - CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON 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 has recently commenced the process of updating the City of Elk River Comprehensive Plan. It is anticipated that this process will take approximately one (1) year. 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 benefitted 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. e e j . " , . ~ i/o' L.::-/, . . ~.,.., ~ ...w.:.. ~ .-.:. I I t. .. . ~ ii, -.,- I' !.-leT ",'" '! : ~ ;!; i<; ~ r I-'=- ..... ) . . _.~~--,,:..j~:" a' ....::.;~.,i.:::;:,:..:.:.. "'.,' . ~ FIOodpl~in [M] ~gricultural. Conservation IR1al Single Family Residential IR1bl Single Family Residential IR1cl Single Family Residential IR1d I Single Family Residential IR1el Single Family Residential IR21 Tw? Family Residential ".rIR2~'\~6' Fa~i1Y:~~iciential' . IR31. T~wnhousejMuitiPle Family Resicie~tial IR41 Multiple F~mily Residehtial IpuDl" PI~~ned Unit' Dev~l~pm~nt . I C1 I Central Commercial I c21 Office' District IC31 Highway Commercial ~ mJ Light Industrial '.. a ~ Medium Industrial . ~ Solid Waste Facility IA T I Antenna Tower IMEI Mineral Excavation . ""~"""'. .,:~:':"..~-. . .....- - : ..:~ .'. &. . . A.( ~\.( ( II -ECitYI1' l\. River .~\ ,ENDA ITEM 5.8 @@$>}f MEMORANDUM TO: PLANNING COMMISSION STEVEN B. ACH, CITY PLANNE~ MAY 24, 1994 FROM: DATE: SUBJECT: REQUEST TO ESTABLISH A MORATORIUM ON SUBDIVISIONS BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-02 REQUEST e Consider an ordinance establishing a twelve month moratorium on subdivisions of land outside the city's current. urban service area. This moratorium covers the area illustrated on the attached map and will specifically prohibit subdivisions of land into parcels less than ten (10) acres m SIze. ATTACHMENTS Location Map, Ordinance No. 94 - _ ANALYSIS As set forth in State Statute, cities in the process of conducting studies, amending the Comprehensive Plan, or reviewing official controls (zoning ordinance) may adopt an interim ordinance that regulates, restricts or prohibits any use, development, or subdivision of land. The primary purpose of the interim ordinance is to protect the planning process and the health, safety, and welfare of its citizens. As the Commission members are well aware, the process of updating the Comprehensive Plan has recently commenced. One of the major issues that will be discussed during this process is the extension of city water and sewer. The most likely direction to consider extending these utilities is east (towards the City of Ramsey) and/or southeast (down the Highway 10 corridor). - The moratorium will specifically prohibit subdivisions of land into parcels of less than ten (10) acres in size. This ten acre minimum is consistent with the P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Moratorium May 24, 1994 Page 2 Al (Agricultural Conservation) zoning district as well as the Metropolitan Council's guidelines of rural areas within the Metropolitan area that are in a holding pattern until municipal utilities are made available. In areas where city utilities may be extended, lot sizes less than ten acres may be difficult to subdivide upon the arrival of water and sewer. A perfect example of this which the city will be facing very soon is Sandpiper Estates just west of City Hall. The subdivision was approved just prior to a moratorium in 1988 of the western area of the community while the Comprehensive Plan was being reviewed. Once the decision has been made determining where the ultimate serVIce area of the city will be, the moratorium will be terminated. RECOMMENDATION It is recommended the Planning Commission recommend approval of the attached interim ordinance establishing a twelve month moratorium on the subdivisions of land creating lots of less than ten acres in size. mort.pc . e .