5.3.B SR 10-08-2007Item # 5.3 B
river
MEMORANDUM
TO: city council
FROM: Jeremy Barnhart, Planning Manager
DATE: October 8, 2007
SUBJECT: Consideration of Rezoning to Permit Gravel Mining in the Area
Known North of 225' Avenue and Adjacent to Baldwin Street
Gemstone is requesting Council input on the potential to expand their mining operation in
the extreme northern portion of the Community, in the area around 225`'' Avenue (Baldwin
Street). The area is cuxxendy zoned A-1 and the land use classification is Commercial
Reserve. This property is not within the mineral extraction (ME) zone. A map is attached.
Gemstone proposes mining fox the western portion of the project, with residential on the
eastern portion of the property. The residential requires no rezoning at this time, the
concept review is fox the mining only.
The proposed use is a departure from the stated Comprehensive Plan goals, which identifies
the property for "future commercial development", and being "well suited fox highway
business uses."
Should the Council find mining in the area appropriate, a rezoning would be necessary, as
would an EAW, a traffic analysis and several public meetings/ open houses. The applicant
seeks Council reaction to the possible policy change before formally starting the amendment
process.
S:\PLANNING\Jeremy\2007 Lear'ss\Memo ro Council RE Cemscone expansion H1-8-07.doc
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Case Number: GEMSTONE EXPANSION
River
2335 Highway 36 W
St. Paul, MN 55113
Tel 65136-0600
Fax 6511>36-1311
www.lbnestroo.com
September 13, 2007
Mayor Stephanie Klinzing and City Council Members
City of Elk River
C!0 Jeremy Barnhart, City Planner
13065 Orono Parkway
Elk River, Minnesota 55330-5600
Re: Request for Attendance at the October 8 City Council Work Session
Dear Mayor Klinzing and Council Members:
,~ Bonestroo
I am writing on behalf of my client, Gemstone Inc, to request an opportunity to meet with you during your
work session meeting on October 8. Gemstone has optioned a parcel of land that is located along the east
side of Highway 169, at the northern border of Elk River. A portion of the property extends north into Livonia
Township. It is immediately opposite the land fill on the west side of Highway 169 for another point of
reference.
The western portion of subject property contains marketable deposits of aggregate and the eastern portion
does not. The western portion, abutting Highway 169, is guided "Commercial Reserve" on your
comprehensive plan. Mining is allowed as a conditional use in Livonia Township and the property abuts the
Mineral Excavation Overlay Zone on its southern border.
We would like to explore with the city council the prospects for mining the western portion of the property,
and planning for a high valued end use, consistent with your comprehensive plan. Our firm has extensive
experience with all aspects of gravel mining planning, with special emphasis on successful planning for
productive use following the completion of mining activities. We were extensively involved in planning the
Gravel Mining Area in Maple Grove and the Arbor Lakes development that continues to expand as one of
the highest valued mixed use developments in the Twin Cities region. We played a similar role in Apple
Valley. Gemstone also has an established track record as a corporate citizen in Elk River.
In a recent meeting Community Development Director Scott Clark and City Planner, Jeremy Barnhart
suggested that the best way to start this conversation would be to meet with you during a work session. We
look forward to meeting with you and to exploring a mutually beneficial approach to guiding the future of this
property. Thank you in advance for your consideration of this request.
Sincerely,
BONESTROO
John W. Shardlow, AICP
Principal
Memorandum
To: Gemstone Project: Elk River Gravel Mining and pate: 812 212 0 0 7
Residential Development
From: John Shardlow Client: Gemstone
Re: Land Use and Zoning Issues Executive Summary File No: 002065-070010-0
Executive Summary
Introduction
Gemstone is considering the development of a gravel mining facility and residential housing in Sherburne
County east of Highway 169. The proposed site lies partly within the City of Elk River and partly within
Livonia Township. Sherburne County has zoning and land use authority for Livonia Township. Key issues
related to planning and zoning are summarized below.
Zoning Issues
Gravel Mining
2335 Highway 36 W
St Paul, MN 55113
Te1661-636-4600
Fax 651-636-1311
www,6onestroo.com
Within the City of Elk River, the current zoning (Agricultural Conservation) does not permit gravel
mining. To conduct mineral extraction on the Elk River portion of the site, the Mineral Overlay District
will need to be extended to this portion of the site. This will require an amendment to the City's zoning
map and a conditional use permit. According to city staff, it can be difficult to extend the Mineral
Excavation District, although approval is more likely if the site is adjacent to an existing Mineral
Excavation District.
Under the site's current zoning of General Rural in Livonia Township, gravel mining would be allowed
since it is a conditional use within this district.
Residential Deue%pment
Within the City of Elk River, the site is currently zoned as Agricultural Conservation. Permitted uses in
the agricultural conservation district include single-family dwellings at a density of one unit per 10
acres and open space preservation developments (clustering).
o The City of Elk River's subdivision ordinance states that a parcel within the Agricultural
Conservation District of 40 acres or more may be subdivided at a density of 1 lot per ten
acres, with a minimum 2.5 acre lot.
Greater densities may be accomplished within the City of Elk River's Agricultural
Conservation District through the City's Open Space Preservation Plat
Subdivision Ordinance, which is intended to accommodate cluster development.
To determine the number of potential lots, the eligible land acreage is divided by
10, and then multiplied by 2.15. Density bonuses may also be permitted if
certain standards regarding open space preservation and site amenities are
achieved.
Bonestroo
?age 1 of 2
• The northern portion of the property lies within Livonia Township. The site is zoned as General Rural
within the Township. Housing on lots a minimum of 2.5 acres without public sewer or water service is
a permitted use in this District.
o Under certain conditions, housing in the General Rural District may be located on lots
smaller than otherwise permitted so as to take advantage of wooded sites. A Conditional
Use Permit is required for lot sizes smaller than normally permitted.
• Development at densities greater than what is currently permitted through the existing zoning and
subdivision requirements within Sherburne County or the City of Elk River may be achieved through
amendment of both municipalities' zoning maps to establish planned unit development districts (PUD).
Comprehensive Plan/Future Land Use Issues
• The western portion of the site that lies within the City of Elk River is guided for Commercial Reserve in
the City's Comprehensive Plan. This designation is intended to identify areas held in reserve for future
commercial development. Opportunities for commercial development on the portion of the site within
the Commercial Reserve Area should be considered.
• The eastern portion of the site that lies within the City of Elk River is guided for Rural Residential to
accommodate future single family residential growth in areas that will not be served by municipal
sewer and water. The target density for rural residential areas is a gross density of 0.4 units per acre (1
unit per 2.5 acres). Density bonuses would be allowed if certain public objectives were met, such as
preserving natural resources. Cluster development would also be permitted in this area.
The portion of the site within Livonia Township is guided for Low Density Rural Residential in the
Sherburne County Comprehensive Plan. This land use type is intended to provide for single family
housing on lots that are a minimum of 2.5 acres in size served by individual sewage treatment systems
and wells.
Conclusions
To operate gravel mining on the proposed site, it will be necessary to obtain an amendment to the City
of Elk River's Comprehensive Plan and Zoning maps to extend the Mineral Excavation Overlay District.
Within Livonia Township, a conditional use permit will be required to conduct gravel mining on the
site.
• The process to obtain the necessary permits and approvals for residential development will vary
depending on the proposed density of the residential development. If densities are greater than what is
currently allowed within the current zoning district, it will be necessary to rezone the area as a PUD or
establish a PUD overlay district. This will require an amendment to both Sherburne County and Elk
River zoning maps.
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Gemstone Site Research