6.7. SR 12-16-2002City
MEMORANDUM
Item # 6.7,
TO:
FROM:
Mayor and City Council
Michele McPherso ~irector
of Planning
DATE:
December 16, 2002
SUBJECT: Consider Interim Ordinance Establishing a Moratorium on
Land Use Requests - Highway 169 and Main Street
Attachments
Location Map
· December 2, 2002 Letter from George Hoff, Legal Counsel
November 25, 2002 Letter from John Gries, Attorney for Gobels
· November 20, 2002 Letter to John Gries from Director of Planning
· Interim Ordinance
Attached please find for your consideration a draft interim ordinance establishing a
moratorium on land use requests for the property bounded by Highway 169 on the west,
Main Street on the north, Line Avenue/County Road 13 on the east, and Main Street on the
south.
The City Council tabled the request to rezone the Ron's Foods site from R4 Multiple Family
Residential to C3 Highway Business, and directed the Planning Commission and the
Comprehensive Plan Update Task Force to review the above-described area for possible
future zone change and land use amendments. In order to accomplish this without conflict,
the City Council is suggesting a 180-day moratorium on land use requests to allow for a
more detailed study of this area.
Planning Commission Action
The Planning Commission discussed the issue at length at their meeting of November 26,
2002. Several on the Commission felt that the City Council should act on the rezoning
request and zone the property consistent with the land use plan. The motion to recommend
against the adoption of a moratorium failed on at 3-4 vote. The Commission ultimately
voted 4-3 to recommend that the City Council implement the moratorium on land use
S:\PLANNING\Case Files\ZC 02-08 Ron's Foods Prop\Moritorium memo CC.doc
Hemo to the Mayor and City Council
Ploratorium/ZC 02-08
December 16, 2002
Page 2
requests for the affected area. They however, recommended that any study be undertaken
quickly so as not to unduly burden the property owners in the area.
Recommendation
Staff recommends that the City Council adopt the interim ordinance establishing a
moratorium on land use requests in the area of the northeast quadrant of Main Street and
Highway 169 for a period of 180 days.
LINCOLN
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Location Map
Case Number: RON$ FOOD AREA
EC.
02'2002
12:59
952 941
7968
HOFF BARRY KUDERER
HOFF, BARRY & KUDERER
PROFESSIONAL ASSOCIATION
#2880 2.001/004
TELEPHONE (952) 941-9220
1400-gSg-e220
FAX (.O52) 9el-~6a
December 2, 2002
The information contained in this facsimile message is privileged and confidential
information intended for the use of the addressee listed below and no one else. If
you are not the Intended recipient or the employee or agent responsible to deliver
this message to the intended recipient, please do not use this transmission in any
way, but contact the sender by telephone.
To: Peter Beck/Miehelle McPher~n
No. of Pages Following:
From: George Heft
File No: 3200-152
Re: Gobel v. Elk River
FAX Number: (763)441-7425/(612)333-0066
If transmission problems occur, or you are not the intended recipient, please call us at (952) 941-9220.
Ask for:
SPECIAL INSTRUCTIONS:
Please find with this a letter that I received fi.om .John Odes. Essentially, he is asking the City to
reconsider its position with respect to the zoning on the.property, citing the ~'ne facts as he is alleging in
the case. Az I understand from conversatiom with Peter, the zoning corkqideration has been postponed to
allow a .more comprehensive study of the area surrounding the Plaintiff' s property. Ba.~d on that, I scn~
that there is no interest in.rezoning the Plaintiffs property at this time, and unle~ I hear to the contrary by
Thursday, I will advise Mr. Gries accordingly.
You will note in the letter that he indicates that he has a current "tenant/buyer". That is different that my
understanding from the last time I talked to Mr. Gu'es. He advi~d me that the tenant was going to be lost
if the rezoffmg matter was delayed. I have a call into Mr. C, fie, asking ffthis is the same or a different
prospective tenant. I will let you know what I hear from.him.
Cc: Sue Sager
Mark Rossow
Carla Heyl
160 FLAGSHIP CORPORATE CENTER
775 PRAIRIE CENTER DRIVE, EDEN PRAIRIE, MINNESOTA 55344
DEC.02'2002 12:59 952 941
7968 HOFF BARRY KUDERER
Gm s & LENBARDT,
P.L.L.P.
#288O
P.002/004
John R. Cries
David ]. Le~hard~
Gr~gotw J. Van
Jill M, Pms,~ellet
Patrick W. MichenCel&r
Nathan J. Allen
Novemb,
Mr. George C. Hoff
Hoff Barry & Kuderer PA
7901 Flying Cloud Driver, #260
Eden Prairie, MN 55344-7914
..RE: City of Elk River/Gobel
Dear George:
I received the enclosed letter from Mi
reiterates what you told me about the Council
Action causes even more confusion on this matt,
"evaluate a larger ~r~a' t'of potential rezoning".
clOser/bed in'tile 'letter bdt 'certainly th~ CobOl
(~6i'fip'reh~iaSive'Pl'~: i~' de,Signated a,~ ';%Iighway
i:;'0Sii~t~ that'~hei~/ ~r~:pe:rty"is ~lready ~on~cl C3m
Pmp'erty is residential' {~:i~learl~y a. map ~rr0r. If
present, you will ;~ee thai ire zoning--'designation
started out with none of i! being residential. The
south across their property so that today part oft
and par~ remains commercial.
The Gobel's have requested that the City
the property is zoned commercial. That zoning
r 25, 2002
100 ~ast Central Ave, ' EX3. I~ 35
Sr. Mtcht, d, Minncsoro 55376
(763) 49?0099
~a,x (763) 497.3659
:hele McPherson. The letter basically
kction. However, the reason behind the Council
,'r. Apparently, what the Council wants t9 do is
is my understanding that .the' afe'a tliat:iS
perty'.~s m ~ area that alreai:ly'under',the C~ty
~Bumness". FUrther, as you kno ,. ~t m Gobel's
me:rein!. Tl~e desigriati0n ~at pari'bf the Gobel
ou review the zoning maps' from_1980 to
. ., . ., ,.. ~ · ~
of the Gobel roperty changed on those maps. It
residential designation line gradually moved
.~eir property is included in the residential zoning
amend their zoning map to' correctly show that
e. om. istent with the Comprehensive Plan. Why
do they need slx months to consider rezoning crt er properties? The properties to the north .are
already designated in the Comprehensive Plan for highway business. The Gobel's have been
paying in excess of $30,000.00 for real estate taxes. They have had a number of inquiries
regarding their building. They have a Tenant/Buyer ready to go. The City had and continues to
have the opportunity t° mitigate the damages. That it refuses to do it seems incomprehensible.
It ~s my understanding that there is another Plarming Commiision ~li~aring on November
26® to conmder th~s mal~ter'. 'The City Planning Commission has atreadY voted ~wiee,to :'
recbmmend to at"l~ast c0n'ee't'the zoning map't0'properlY show that th~ Gobel Properly is '. '
c6~3aer~l~il, '.', ~: ..... .,: :...,
The ~-eason f0r"wntmg to you n'ow is hopefully tO encourage' ih~e ?l,mg'~ :. '...-
~," ",". %:'Y.',~ ;.,' ; ~ '~4 ' . * ~., " ' · ' ~ ' ,~ ' .' . , : .... .': .' .... ,' ·
0mm!smon, acmany I don' rknow 'that they. need m' but certainly thc C~{Y Cofi~cfi~ 'to 'rec0r~der
the m'atibr"ht its moating, onD~i:ember 16. Gob¢l's are losing fipproxim~/tely $20,000~00'3er
month'due to'the City's ~ctions. I would hope that someone would get ~o the coUncil and try to
DEC.02'2002 12:59 952 941 7968 HOFF BARRY KUDERER #2880 P.003/004
explain to its members that its present position regarding the zoning on the Gobel propc~rty is
inconsistent with the facts as well as its own Comprehensive Plan.
lRG:pd
cc: Jerry Gobel
Very truly yours,
Rnhardt, P.L.L.P.
· Gries
DEC.02'2002 12:59 952
13065 Orono Parkway
Elk River, MN 55530
7968
November 20, 2002
John Gries
Gries and Lenhardt PLLP
I00 East Central Avenue
PO Box 35
St. Michael MN 55376
HOFF
BARRY KUDERER
. , " L %, ......
#2880 P.004/004
Re: City of Elk River's Zone Change Request - Case No. ZC 02-08
Dear Mr. Gries:
At its November 18, 2002 meeting, the Elk River City Council tabled the request for a
rezoning of the property at 321 Baldwin Avenue from R4 Multiple Family, to C3 Highway
Business. The tabling motion indicated that it would be tabled for a period not to exceed
180 days and directed the Planning Commission and the Comprehensive Plan Update Task
Force to evaluate a larger area for a potential retorting and land use amendment. The are~ in
question encompasses Highway 169 on the west, Main Street on the south, Line
Avenue/County Road 13 on the east, and 5'h Street on the north.
The Planning Commission will consider at their November 26, 2002 meeting an interim
ordinance to establish a moratorium for land use requests in the above-noted area. The City
Council will conduct a public hearing regarding the interim ordinance at its December 16,
2002 meeting.
If you have any questions regarding this, please contact me at 763/441-4902.
Sitcer~y, ~
Mic~ele McPherson
Director 'of Planning
Phone: 763.441.7420
Fa.x: 763,4413425
S:\PLANNING\Case FilesXZC 02-08 Ron% F~ PropXl 1.20 L~r
~,ci.elk-~cmn.us
ORDINANCE
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE LAND USE
APPLICATIONS WITHIN A CERTAIN AREA OF THE CITY OF ELK RIVER
CASE NO. OA 02-08
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose: The area defined in Section 5 below is experiencing change from
neighboring properties. Two parcels are vacant, and nearby property has undergone redevelopment.
The area in question requires further study to determine the appropriate future land use and zoning.
It is anticipated that the study will take approximately 6 months.
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 City's zoning ordinance and that of the planning process, to
implement a moratorium on land use applications within the area defined in Section 5 below. The
area defined will be studied by the Planning Commission and the Comprehensive Plan Update Task
Force in order to determine the most appropriate land use and zoning standards.
Section 3. Definition: Land Use Applications shall include those applications
requiting Planning Commission and/or City Council review and approval such as, but not limited to
zone changes, land use amendments, plats, variances, or conditional use permits.
Section 4. 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 approval of
land use applications. During the term of this moratorium, the City will not accept land use
applications.
Section 5. Area Affected by Moratorium: The area to be studied is bounded by Main
Street on the south, Highway 169 on the west, 5th Street NW on the north, and Line Avenue/County
Road 13 on the east.
Section 6. Waiver of Restrictions: In cases of undue hardship, any person having a
legal or equitable interest in land and aggrieved by the requirements of this ordinance may apply to
the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be
granted where the City Council finds undue hardship, as defined in Minnesota Statutes Section
462.357 Subd. 6(2), caused by the restrictions and finds that the waiver will not unduly affect the
integrity of the planning process or the purposes for which the interim ordinance is enacted.
An application for waiver shall be filed on a form approved by the Director of Planning.
The director of planning shall prepare a report and recommendation and shall forward the
request to the Planning Commission who shall conduct a public hearing on the request. Not less
than ten (10) days before the public hearing, the director of planning shall mail notice of the time,
place, and purpose of the hearing to property owners within three hundred and fifty (350) feet of the
subject property. The failure to give mailed notice to individual property owners, or defects in the
notice, shall not invalidate the proceedings provided a bona fide attempt to comply with this
subdivision has been made. Following the public hearing, the Planning Commission shall forward its
recommendation to the City Council for final action.
S:\PLANNING\Case Files\ZC 02-08 Ron's Foods Prop\Draft Ordinance. DOC
The City Council may impose such conditions and require such guarantees related to the
grant of waiver as it deems reasonable and necessary to protect the public interest and to ensure
compliance with the standards and purposes of the zoning ordinance and the policies of the
comprehensive plan.
Section 7. Term: This ordinance shall be effective upon publication as provided by
law and shall terminate 180 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 the study.
Passed and adopted by the City Council of the City of Elk River this __ day of
,2002.
Stephanie Klinzing, Mayor
Attest:
Sandra A. Peine, City Clerk
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