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7.11. SR 03-20-1995~ \\ ty of lk~ River Issue ITEM 7.11. MEMORANDUM TO: Mayor and City Council FROM: Steven B. Ach, City Planner~,~~~- DATE: March 20, 1995 SUBJECT: Ordinance Amendment by the City of Elk River, Public Hearing Case No. OA 95-2 Consider Ordinance No. 95- establishing a moratorium on the construction of multi-family dwellings. Background At the January 12, 1995, Steering Committee meeting, the Steering Committee recommended to the City Council that a moratorium be placed on all multi-family development until a complete analysis of the Comprehensive Plan is completed. This moratorium will allow the Steering Committee to complete the Comprehensive Planning process and review land use mix in the City without additional development occurring which may be inconsistent with the long range plan for the City. On January 23, the City Council passed a resolution ordering a public hearing on the proposed moratorium on multi-family development and directed City staff to grant no permits or approvals for any multi-family development until the ordinance establishing the moratorium has been acted upon. This moratorium shall be in effect for one year, unless earlier terminated by action of the City Council. The moratorium will not apply to buildings for which valid building permits have been issued prior to January 23, 1995. Planning Commission Recommendation The Planning Commission held a public hearing to review the proposed ordinance amendment at the February 28, 1995 regular Planning 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Mayor and City Council Page 2 March 20, 1995 • Commission meeting. Following a brief discussion, the Planning Commission unanimously recommended approval of the proposed ordinance amendment as presented in the attached ordinance. Attachments • Ordinance 95- • Minutes of the 2/28/95 Planning Commission meeting • Minutes of the 1/23/95 City Council meeting • Memo to the Mayor and City Council dated 1/23/95 • 1/12/95 Minutes from the Steering Committee meeting Recommendation It is recommended the City Council considering approving an interim ordinance establishing a moratorium on construction of multi-family dwellings within the City of Elk River. • s:council:oa95-2 • ORDINANCE 95 - CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE CONSTRUCTION OF MULTIPLE FAMILY DWELLINGS WITHIN THE CITY OF ELK RIVER CASE NO.OA 95-2 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 appropriate location of and zoning controls for multiple family dwelling developments. Section 2. Findings. The City Council of the City of Elk River finds • that it is necessary, in order to protect the integrity of the comprehensive planning process and the health, safety and welfare of the citizens of Elk River, to declare a moratorium on the approval or construction of multiple family dwellings within the City of Elk River until the City has completed the process of updating the City of Elk River Comprehensive Plan and has adopted the appropriate official controls to implement the updated Plan. Section 3. Moratorium Declared. During the term of this ordinance and any extensions thereof, a moratorium is hereby imposed within the City of Elk River on the development or construction of all Multiple Family Dwellings as defined in the City of Elk River Zoning Ordinance. During the term of this moratorium the City will not accept an application for or consider any approval required by the Zoning Ordinance for the development of multiple family dwellings, and will not accept an application for or issue any building permits for construction of multiple family dwellings. This moratorium does not apply to buildings for which a valid building permit was issued prior to January 23, 1995. Section 4. Term. This ordinance shall be effective upon publication as provided by law, and shall terminate 365 days thereafter unless earlier terminated or extended by action of the City Council. It is the intent of the City Council that this ordinance shall be in effect only until the City has completed s:ordinance:oa94-4 • the process of updating its Comprehensive Plan and has adopted the appropriate official controls to implement the updated Plan. Passed and adopted by the City Council of the City of Elk River, this 20th day of March, 1995. Henry A. Duitsman, Mayor Attest: Sandra A. Thackeray, City Clerk • • s: document:ordinance:oa95-2 ITEM -7.15. ,~~ f ~~1 'ity of ~~ MEMORANDUM R~~~~ TO: Mayor & City Council lk • FROM: Steven B. Ach, City Plannes~~~_~, DATE: January 23,1995 SUBJECT: Consider Moratorium on All New Multi-family Construction Re uest One of the major concerns of the Steering Committee is multi-family developments within the community. At previous Steering Committee meetings, areas have been identified that are presently zoned for multi-family (three units or more) development. This has caused alarm with the Steering Committee; therefore, the committee is requesting a moratorium on all new multi-family development be adopted until update of the Comprehensive Plan in completed. A moratorium is established by ordinance which requires a public hearing before the ~- Planning Commission and City Council. The next opportunity to bring this item before the Planning Commission will be February 28 and Council action some time in March (regular meeting March 20). While this moratorium is being processed through the appropriate channels, the City Council may pass a resolution authorizing "no planning applications or building permits be accepted for multi-family development until the moratorium is acted upon by the City Council." Peter Beck has prepared the attached resolution for City Council consideration. Recommendation A. Consider Resolution 95-_; and, B. Direct staff to proceed with an ordinance amendment establishing a six month moratorium on all multi-family construction. (Note: this moratorium would not apply to those projects that have been approved by the City Council and/or currently under construction.) s/council:moratori 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 CITY OF ELK RIVER CITY COUNCIL • RESOLUTION N0. 95 - _ A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM ON MULTI-FAMILY DWELLINGS AND DIRECTING THAT NO PERMITS OR APPROVALS BE GRANTED PENDING THE PUBLIC HEARING WHEREAS, the City Council has established a steering committee to review the City's existing Comprehensive Plan and recommend revisions thereto; and WHEREAS, the steering committee has been meeting for a number of months. and has identified a number of issues for further study; and WHEREAS, one of the issues which the steering committee will study further is the appropriate location of and zoning controls for multiple family dwelling developments; and WHEREAS, the steering committee has recommended that the City Council impose a moratorium on the approval or construction of multiple family dwellings within the City of Elk River until the steering committee has concluded its work, the Comprehensive Plan has been updated, and the City has adopted the appropriate official controls to implement the updated Plan; and WHEREAS, the City Council has considered this recommendation and the advice of its staff; NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, finds and resolves as follows: 1. City Council finds that it is in the best interests of the citizens of Elk River to consider a moratorium on the construction or development of multiple family dwellings as recommended by the steering committee. 2. The City Council further finds that it is necessary to protect the integrity of the planning process which the steering committee is engaged in to restrict the development of multiple family dwellings until the City Council can hold a public hearing and act on the proposed moratorium ordinance. 3. Therefore, the City Council resolves and directs as f of l ows ° City staff is directed to schedule public hearings on the proposed moratorium ordinance attached as Exhibit A to this Resolution for the • Planning Commission's February meeting .and the City Council's third meeting in March. • City staff is directed not to accept any applications for any approval required by the Zoning Ordinance for the development of multiple family dwellings, nor to accept any applications for or issue any building permits for construction of multiple family dwellings, until the City Council has completed its public hearing on the proposed moratorium resolution. Passed and adopted by the City Council of the City of Elk River, Minnesota, this 23rd day of January, 1995. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk • 2. PKB:J07s Planning Commission Minutes February 28, 1995 Page 1 1 COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Ordinance Estdblishing a Moratorium on Multi-Family >Development Public Hearina Case Ng. 0A 95-2 Staff report by Steve Ach. The Steering Committee requested the moratorium be placed on multi-family development until the Committee has concluded its work in updating the Comprehensive Plan, and the City has adopted the appropriate official controls to implement the updated plan. Chair Koester opened the public hearing. There being no comments from the public, Chair Koester closed the public hearing. COMMISSIONER MINT~N MOPED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT ESTABLISHING A MORATORIUM ON MULTI-FAMILY DEVELOPMENT, PUBLIC HEARING CASE NO. OA 95-02. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Reguest`for Extension of Conditional Use Pgrmit-for Shoemaker CU'92-25 Staff report by Gary Schmitz. The applicant requests a two year extension to the conditional use permit he received on February 1, 1993, which would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Subdivision. The applicant is having difficulty in finding an acceptable route to get the excavating material to County Road 13. Staff #eels conditions have not changed to warrant denying the request for an extension. COMMISSIONER MtNTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STEVE SHOEMAKER FOR A TWO (2) YEAR EXTENSION OF HIS CONDITIONAL USE PERMIT, CASE NO. CU 92-25, BASED ON THE FACT THE APPLICANT IS HAVING DIFFICULTY IN FINDING A ROUTE TO REMOVE THE MATERIAL., WITH THE FOLLOWING CONDITIONS: 1. THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITH THE EXISTING CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION. 2. AN EXCAVATION/GRADING- PERMIT WITH THE CITY OF ELK RIVER BE REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Ordinance Amendrrf~nt to Section 900.25 -Home Occupations, 'Public Hearing Case No. OA 9.5-1 Staff report by Troy Langer. Proposed amendments as follows: Section 2. E. Language was changed from "other adult oriented businesses" to "sexually oriented land uses" and language regarding "gun repair • and/or sales" was added. Elk River City Council Janucry 23, 1995 Page 13 • Gongoll further indicated his opposition to the performance guaranty required in the ordinance amendment. He stated that this would add a financial burden to the developers. Jeff Gongoll stated that the Developer's Agreement and PUD Agreement guarantee the requirements of the landscaping plan. City Planner Steve Ach stated that not every development requires a Developer's. Agreement. He further indicated that the landscaping and screening ordinance set the standards so that all developers are aware of the City's requirements. Councilmember Farber. indicated his objection to the financial guaranty. He indicated that this guaranty adds another burden to the developers. Bob Minton, Planning Commission Representative, indicated that the Planning Commission recommended approval. He further stated that the Planning Commission felt that the underground irrigation was an unnecessary expense. He indicated that the Planning Commission felt it was necessary to add a requirement that screening of headlights from residential property be attained through the landscaping ordinance. Steve Ach indicated that the underground irrigation is required as a guarantee that the landscaping requirements be maintained. It was suggested that this requirement be left in the ordinance with objective to waive the requirement if the Council so desires. ;~ Councilmember Scheel indicated that she does not like the landscaping and screening ordinance. She indicated that the requirements of the landscaping and screening ordinance add costs to the developers which are passed on to the seller. She further indicated she did not feel the developer needs the City to tell them how to make their property more attractive. She further stated that she felt everyone being required to follow the same requirements would make for a very boring community to have everything the same. She stated she disapproves of the ordinance and felt that the City needs requirements that protect and safeguard the community, but nothing beyond that. COUNCILMEMBER DIETZ MOVED TO APPROVE THE SCREENING AND LANDSCAPING ORDINANCE, CHANGING THE FINANCIAL GUARANTEE WORDING TO STATE THAT THE FINANCIAL GUARANTEE DOES NOT AFFECT THE AMOUNT OF THE LETTER OF CREDIT. Councilmember Dietz requested the City Attorney to amend the language in the landscaping and screening ordinance pertaining to the Letter of Credit. THE MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ISSUE FOR ONE MORE WEEK. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.15. Request to Consider a Moratorium on all new Multi-Family Construction City Planner Steve Ach stated that the Steering Committee is requesting a moratorium on all new multi-family development until the update of the Comprehensive Plan is completed. Elk River City Council January 23, 1995 Page 14 • COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-7, A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM ON MULTI-FAMILY DWELLINGS AND DIRECTING THAT NO PERMITS OR APPROVALS BE GRANTED PENDING THE PUBLIC HEARING.. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.16. Update on Steerina Committee Bob Minton, Steering Committee Chair, updated the Council on the progress of the Steering Committee. Other Business 9.1. Wetland Block Grant COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-8, A RESOLUTION REQUESTING BLOCK GRANT MONEY TO AID IN FUNDING THE ADMINISTRATION OF THE WETLAND CONSERVATION ACT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.. THE MOTION CARRIED 5-0. 9.2. Use of Lion's Park Councilmember Dietz stated he did not feel it was necessary for the issue regarding the use of Lion's Park to go back to the Park and Recreation Commission for discussion as this has already been discussesd by the Park and Recreation Commission. He felt it would be more appropriate for the Lion's to appear before the City Council to discuss this issue. 9.3. Planning Commission/City Council Joint Meeting Bob Minton, Planning Commission Chair, stated that the Pianning Commission has requested a joint meeting with the City Council. It was the consensus of the Council to hold a joint meeting with the Planning Commission and to decide the date of this meeting on January 30. 11. Motion to Call Executive Session of the Citv Council COUNCILMEMBER FARBER MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL TO DISCUSS THE PENDING LITIGATION OF THE EARL HOHLEN PROPERTY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. • Steering Committee Minutes January 12, 1995 Page 6 • has proposed that any new County road be provided with abiking/pedestrian area on one side. Emma Holzem stressed the need to preserve trees for environmental purposes. Randy Barney questioned what kind of businesses are proposed for east Highway 10. Steve Ach stated that the current zoning is industrial and commercial which allows a broad range of businesses. He stated that eventually uses would be similar to what is occuring along Highway 169. Steve stated that he would expect to see more of the larger retailers move out there if water and sewer were extended. LeRoy Brown, 10815 175th Avenue NW, questioned whether or not he would be assessed if the utilities did not go beyond the railroad tracks and 165th. Hank Duitsman stated an area of benefit would be determined by the City Engineer and those people would be assessed. Pete Salem, 19459 Tyler Street, expressed his concern regarding assessment costs for his property. He stated that he has a larger parcel which could only be divided into 2 lots, because of the wetlands. Hank Duitsman stated that wetlands would be excluded. Discussion followed regarding green acres deferment. It was noted that interest on assessments would still accrue on green acres property, even if the assessment itself did not have to be paid at that time. 5. Other Business Chair Minton proposed that a comment phone line be set up for citizens to express their views on the overall visual aesthetics of the city and the image. they would like to see projected. Committee members suggested that questions be included on an east-west corridor, bike/pedestrian pathways and housing mix. Discussion followed regarding R4-zoned property. MARY EBERLEY MOVED TO RECOMMEND THAT THE CITY COUNCIL PLACE ACITY- WIDE MORATORIUM ON ANY FURTHER R3 AND R4 MULTI-FAMILY DEVELOPMENT OR REDEVELOPMENT, UNTIL THE ZONING CAN BE FURTHER INVESTIGATED BY THE STEERING COMMITTEE DURING THEIR REVIEW OF THE COMPREHENSIVE PLAN. DICK HINKLE SECONDED THE MOTION. Merry Sipe expressed her concern that she is not completely sure of where all these R3 and R4 properties are located. Pat Dwyer stated that this motion is a only a recommendation, and that the City Council would hold a public hearing before any decision would be made. Dick Hinkle stated that he feels the moratorium would prevent construction of apartments on property that is currently zoned for them, but may be under consideration for rezoning. He further expressed his concern that the Committee try to move as quickly as possible and not drag out the process. He stated that he would like to see their work completed by the end of May if possible. THE MOTION CARRIED 13-1. CHRIS KREGER OPPOSED.