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6.4. SR 01-21-2003City ~ ElkM '-- l ver Item # MEMORANDUM TO: FROM: Mayor and City Council Scott Harlicker, Senior Planner~ DATE: January 2 I, 2003 SUBJECT: Case No. LU 01-06 Request by Cascade Land Company to Amend Comprehensive Plan to Include Property in the Urban Service District 6°4° Request Consider a request by Cascade Land Company to amend the Comprehensive Plan to include approximately 6 acres in the Urban Service District. Location South side of 175th Avenue at the Polk Street alignment. Zoning/Land Use Rla (Single Family Residential) / LR (Low Density Residential) Attachments · Location map · Survey of property · Map showing existing urban service boundary · Map of adjacent properties · Minutes from July 24, 2001 and October 23, 2001 Planning Commission meetings · Minutes from November 19, 2001 City Council meeting Memo to Mayor and City Council/LU 01-06 January 21, 2003 Page 2 Overview Background In July 2001 the Planning Commission was asked to consider including this property in the Urban Service Area. The Commission felt that the adjacent 8 parcels should also be included in the request and recommended that staff include them in the analysis. Staff made a recommendation that the 80 acres on the south side of 175th Avenue be included in the Urban Service Area. The Planning Commission recommended denial of staff's recommendation. The City Council considered the application in November 2001 and denied the request. The applicant is now back before the Council with the original request to include the 6 acre parcel in the Urban Service Area. Existing Conditions The applicant is requesting to amend the land use map to include approximately 6 acres in the Urban Service Area. The property is on the south side of 175th Avenue at the Polk Street intersection. There is an existing single family residence on the property. There is a small wetland on the property, located near the southeast corner of the lot. The property is fairly level with a small rise in the northeast corner, where the existing residence is located, and a shallow depression near the center of the site. The property is mostly open with scattered trees. The surrounding properties are zoned Rla, which is considered Rural Residential with a 2.5 acre minimum lot size. The adjacent land uses are large lot single family residential. This parcel is one of 8 properties that are clustered on the south side of 175~h Avenue east of Tyler Street. These lots are bounded by property owned by Cargill on the east, 175th Avenue on the north, Tyler Street on the west, and property that is included in the proposal for Elk River Station on the south. The properties on the north side of 175~h Avenue are included in the Urban Service District. On October 20, 1997 the City Council amended the Comprehensive Plan to include the property on the north side of 175th Avenue in the Urban Service District. Included as part of this amendment was a condition that urban services would not be extended to this area prior to 2007. Sewer and water have been extended along 175th Avenue from Twin Lakes Road to the Park Pointe subdivision. The existing shallow well that provides water for the property went dry as a result of the dewatering done as part of the construction of Twin Lakes Road and again th during the reconstruction of 175 Street. Sewer and water services have been extended to the property but have not been hooked up and the existing septic system has been crushed and filled. S:\PLANNING\Case Files\LU 01-06 Cascade Land\CCi-21.doc Memo to Mayor and City Council/LU 01-06 January 21, 2003 Page 3 Analysis The issue of bringing a small isolated parcel into the Urban Service Area raises several concerns. It is difficult to foresee how this parcel will develop on its own and be consistent with the future development of adjacent parcels. The future zoning of this and the adjacent properties has not been determined. At this time there is no clear vision as to how this parcel and the adjacent parcels should be developed. Bringing this parcel into the Urban Service Area prior to having an idea regarding future development could be premature. The future development of this area could be included as part of the comprehensive plan update. Once that is completed, the city could consider including this property, and possibly others, in the Urban Service Area. Options There are three options that the Council should consider. The first option is to include a portion of the existing parcel that includes the residence in the Urban Service Area but not the majority of the parcel. The second option is to include the entire 6 acre parcel. The third option is to not include any of the parcel in the Urban Service District. The Council could include only a portion of the 6 acre parcel that contains the existing residence in the Urban Service Area. This would address the issue of providing services to the existing residence. The majority of the parcel would remain as rural residential. The remainder of the parcel could be considered for municipal sewer and water after the comprehensive plan update is completed. At that time the city would have a vision regarding the long range development of this area. This option would requ!re an administrative subdivision to create the new lot for the residence. The second option would be to include the entire 6 acre parcel in the Urban Service Area. The applicant has included a concept of how the parcel could be developed into single family lots with city sewer and water. Issues related to this option include compatibility with future adjacent land uses and development patterns. By including the entire 6 acre parcel in the Urban Service Area without a long range plan for future development, the city is limiting future options. The third option would be to not include any of the parcel in the Urban Service District. This would require the applicant to install a new septic system and drill a new well for water service to the residence. It would also leave all possible future development options open. Planning Commission Meeting At the Planning Commission meeting held on December 17th two comments were received at the public hearing. One neighbor was concerned about future development on the property if it were included in the urban service area. The second neighbor did not want the property to be included in the urban service area. Three Commissioners indicated that they would like to have this area reviewed as part of the Comprehensive Plan update. S:\PLANNING\Case Files\LU 01-06 Cascade Land\CC 1-21.doc Memo to Mayor and City Council/LU 01-06 January 21, 2003 Page 4 Recommendation The Planning Commission voted to recommend denial of the request to include the property in the Urban Service Area because they felt it was not consistent with the Comprehensive Plan and the comments from adjacent land owners. In order to continue to utilize the existing residence the parcel needs water and sewer service. Service can either be provided by a new well and septic system or by connecting to the city water and sewer; both are valid options. Staff does not think that the second option, including the entire 6 acres in the Urban Service District, is appropriate because of the impact on future long range development of the area. S:\PLANNING\Case Files\LU 01-06 Cascade Land\CC1-21.doc HILLSIDE DUSTRIAL CIRCLE CITY PARK DOT PROPERTY RAIL OEPOT $~cO~i)iTIO ., mIV Location Map Ca~e Number: L 01-06 CASCADE LAND COMPANY 175TH AVENI SITE N rO Z CO = t'N - ~ 0 +~ - I I¥ < X ~ i I 8g'ogg I I I '~'1'1 3S - ~/I 3S aLI1 .~o aUll .lSaM. OGS-- ~ URBAN SERVICE BOUNDARY 182N0 180TH HILLSIOI~ CIT~ PARK 17gTH 17871-1 177'T'H 176 TH 1757N 17~TH ]1 173¢~0 177.ND 171ST 170TH ISgTH 7:,--003-4320 ?~,_0~2_ ~.3~ 0 7'~--002-42V~ I296.02' BBg,7~' 7g4. gg' N 5g'17'38° w SH£RBURNE COUNTY SUR'vTYORS OFFICE SHERBuRNE cDuNT'Y ADMINISTRA~ON DUILDING 5£7 KING AV~NUE. BOX ELK RIVF_R, MINNESOTA GI~APHIC SCALE ;--' ..;_ THIS DRAWING IS A COI,,IPILATION OF R[CDROS AND DA%A LocATI~D Ih[ VAR'lOt. IS COUN,~i' oF"FIC~',-~,~, AND IS 'FO BE U~D FOR REF~REN~ PURPOSES ONLY. S'HEP, B'~RNE CDUNTY fS NOI R£~;PONS~ ;' FOR ANY 5.2. Planning Commission Minutes July 24, 2001 P-~ge 2 Staff recommends approval of the inter/_m use permit with the condition that the installation complies with the Building and Fire Codes. Chair Pederson opened tee public hearing. Chair Pederson asked if the applicant would still meet their parking requirements. Chair Franz asked if the temporary trailers would match the existing buildings. Rob Kirkpatrick, deacon at ,adliance Church, stated that the parking area on the north side of the Dm is used very little and could be used for parking duadng church sendces. He stated that the color of temporary classrooms matches their existing building and that the trim can be changed to match, as well. Chair Pederson asked if the applicant feels they wkI1 need the full five years for the temporary classrooms. Mr. Kirkpatrick stated that staff required them to provide an ending date, and they felt they could meet their objectives with/n the five years. He noted that they could get the best deai with a 3-year lease. Commissioner Baker asked where they are in the process of acquiring property. Mr. Kirkpatrick stated teat the church has a signed purchase agreement with Mr. Morrell and they are in the process of raising funds for the purchase. Commissioner Mesich asked if plantings on the south property line shown on the drawing have been completed. Mr. IrdrkpatAck seated that not all the plantings are in, but that they are continuously making improvements to the property. Commissioner Mesich felt completion of plantings should be required to provide screening from Lions Park. The Commissioners were in agreement that the temporary classrooms should match the existing building as closely as possible, and that the five year time period was acceptable, with the exception of Chair Pederson who stated he -,cas not comfortable with a five-year time limit. There being no further public comment, Chair Pederson closed the public hearing. COMiVflSSIOIN~R BAKER MOVED TO KECOM2~/IEND APPROVAL OF TI--IE REQUEST BY ALLLANCE COM2M~L~rlTY CHURCH FOR AN INTERIM USE PERMIT TO ALLOW INSTALLATION OF TEMPORARY CLASSROOMS UNTIL SEPTEMBER 1, 2006 WITH THE FOLLO'~%TNG CONDITION: 1. THE INSTALLATION SHALL COMPLY WITH THE BUILDING AND FIK~ CODES. 2. AN APPROPRIATE NUMBER OF PL~_NTINGS BE INSTALLED ON TI-IE SOUTH PROPERTY LINE AS DETERMINED BY STAFF. 3. THE COLOR AND TR/M ON THE TF_MPO~Y CLASSROOMS MATCH THE EXISTiNG BU!~LDING. CONLV~ISSIONER MESICH SECONDED ThE MOTION. Ti-iE MOTION CAR/KIED 6-0. Reouesr by Cascade Land Company, LLC for L~d Use May Amendment ro In elude Cerr~;n Provertv in the Urban Service Area, Public ~ear~ng - Case No. LU 01-06 Planning Comraission Minutes July 24, 2001 Page 3 Staff report by Scott Harlicker. Cascade Land Company is requesting to amend the Comprehensive Plan to include apprc:dmatety 6 acres in the Urban Service District. The property is located on the south side of 175th Avenue at the Polk Street alignment. Mr. Harlicker reviewed activity widxin ~¼ to ~ mile of the site which included the Northstar Corridor station, the proposed Elk Kiver Station PUD, and possible ercension of ut/lidos under/wkh 175th Avenue when road improvements are done. Staff requests that the 8 nearby residential prope~ies on the south side of 175~h Avenue also be considered with this request. Commissioner Mesich asked where the wedands were located in this area. Mr. Harlicker indicated wetland areas on the map. Commissioner Mesich asked when 175~h Avenue is proposed to be improved. Terry Maurer, City Engineer, stated that road improvements are scheduled for 2002. Commissioner Schuster asked why utilities would be eztended under/wifEly5a at this fine. Mr. Maurer explained that it would be cost-effective to construct the utilkies when the road is torn up anyway. He stated that the City is receiving pressure to develop the Mitchell propertT, and that the Kliever Lake Hills and Ktiever Lake Fields plats are already being processed. He noted that the Council has not made a decision on these properties Commissioner Schuster asked if the utilities are not put in now, how and when would utilities be put in later. IxO. Maurer explained that they would be placed in a corridor along the road (in dae right-of-way) in 2007 as planned. Corrzn/ssioner Baker asked why the 2007 date was established. Mr. Maurer explained tha~ this area was included in the Urban Service Distr/ct as part of the Comprehensive Plan update, but the Council wanted to give the residents rime to decide what they wanted to do with their property. He stated that the Council did not want to force the residents to hook up to city sewer and water if they did not want it. Comrmissioner Baker asked what the ramifications would be if the entire 80 acres were included in the Urban Serydce District at this time. Mr. Maurer stated that it would be avaLlable for development with services, but that residents that don't want it yet would not pay for it an~d [~at 2velopers would bear the cost of ex, ending u~Hdes ~oa p~,icu1~ c~no: Be ex~en~ed to r~e ~ea. He expt~ned ~ar ~e ~stem has the capacity uo ~andle this area and that any prope~ies booing up ro se~ices woul8 help pay the Chair Pederson opened the public hearing. Jim Brown, representing Cascade Land Co., applicant, agreed wkh staff's recommendation ~o look at tbhs entire area. He noted that his company owns property on both sides of 175~h Avenue Diane Brinson, resident on 175th Avenue, stated that there are wedands in the southeastern corner of the subject property. She felt that only 2 of approximately 15 property owners in this area are interested in selling their land for development. She asked what is being proposed for the prope.,T~r. Mr. Brown explained the concept plan for ~he subject property. Commissioner Mesich asked if the developer has contacted the school distAct to find out what the impact o£this number of homes would be on the school district. Mr. Brown stated 5.3. Planning Commission Minute~ j'uiy 24, 2001 Page 4 that they have not spoken wk~ t~e school district. Ne felt that it makes sense to service this area and that it will have a positive impact. There being no further public comment, Chair Pederson closed the public hearing. Comm/ssioner Schuster asked Mr. Maurer t~is opinion on the issue. Mr. Maurer stated that he was in agreement that it would be more cost-efSective to combine areas to be serviced, rather that to "piece-meal" services to only 11 lots. Ne stated that the system would have to be looped to service a small area. Chair Pederson, Commissioners Franz, Schuster and Baker expressed their concurrence that it makes more sense to consider this whole area. Commissioner Schuster stated that he would like to know how the other propers? owners feel about the issue. Mr. Maurer stated that approximately 200 acres of the area designated for services in 2007 has already been approved or approval is requested for services at this time. Mr. Harlicker stated that there is the same situation on 181x Avenue, where there are smaller parcels and ser~,ices are belng extended to larger parcels for development. Discussion £ollowed regarding various options for acting on the request by the applicant. Mr. Nm-licker stated that the Commission could either approve or deny the request, or table the request until such time as the area can be looked at as a whole. City Attorne7 Peter Beck stated that the Council would need to determ/ne whether or not this property should have been included in the urban service district in the first place, and, if the 2007 date should continue to be used as a g-aideline for development. He stated that it is the City Council's policy to equest the aeveloper/properry owners oear the entire cost of extending utilities. He stated that the City Council has ~e discretion to deny a request for extension of utilities prior to 2007, if they choose He felt that when the 2007 date was established, the issue was staging the city's ability to build the infraxtructure and also to allow the prope:-~y owners time to make decisions. City Attorney Peter Beck asked ff the applicant was willing to waive the required 120 day time period ~or action on his application by the City Council. Mr. Brown, representLng the app~ca~nt, to sta~. - ...............r .................. = COM2V~SSIONER BAKER MOVED TO TABLE INDEF~iTELY TI-t-E REQUEST BY CASCADE LAND COMPANY, LLC FOR A LAND USE M.A_P AMENDMENT TO INCLUDE CERTAIN' PROPERTY IN THE SERVICE DISTRICT. COMMISSION-ER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. CHAIR PEDERSON MOVED TO RECOM2~zEND THAT THE CITY COUNCIL CONSIDER TI-ih ENTIRE 80 ACRE SITE FOR 17qCLUSION IN THE UT_BAN SERVICE AREA, AS OUTLINED BY STAFF. COM2VLrSSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Request by Dynamics Desizn and Land Company [or Pre/inn ;nary P/ar A=proval (I-lillto o Woods Estates 2~d Additlor[) Public I-iearin~- Case No. P 01-1~ Starq: report by Scott Harlicker. Dynamics Design and Land Co. requests preliminary, plat approval for a 20.16 acre clustered single family development. The applicant is atlowed 8 Plannin§ Commission October 23,200i Page 11 5.7. Chair Pederson slated tlxat he felt some level of finisbnng is needed for tee showroom space. He stated he would not support the ordinance amendment at this time. He suggested 1oo -tdng at what other cities are doing regarding office/warehouse space, such as MLn_netonka, Ptymoud,,, the Carlson Complex a/ong 494, or CEamplin for some comparison. Chair Pederson stated that he felt it was important to look at :he amount of warehouse space that is actually needed, and wEe:her or not this is an appropriate use in a business park. COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER FOR AN AMENDMENT TO THE BUSINESS PARK DISTRICT STANDARDS, CASE NO. OA 01-09. COMM-ISSIONER FKANZ SECONDED THE MOTION. THE MOTION CAR_R!ED 4-0. Request by the Cky of Elk River to amend the Comprehensive Plan to Include Certain, Propemy in the Urban Service District Scott Harlicker stated that the City of Elk River requests an amendment to the Comprehensive Plan to include approximately 80 acres located on the south side of 175~h Avenue and earc of Tw/n Lakes Road in the Urban Service District. Mr. Ha-licker explained this request prompted by discussions during the review of the Klein property for ex-tension of water and sewer. Mr. HarL[cker reviewed the existing conditions, current zoning and land uses, and proximity of the area to the current Urban Service District. Staff recommends approval of the land use amendment based on the findings listed in the staff report. Chair Pederson opened the public hearing. Jerri Graham, 17451 Tyler Street, asked that the Planning Commission recommend denial of the request. She felt that the 8 properties are well-established and that there was no documentation made available to them when they purchased their property that the zoning would be changed. Ms. Graham stated that the character of:he neighborhood is somewhat a nature "oasis" and made a better gateway to Elk R/vet tkan high density. She stated that the school district cannot keep up wkh the higher density that 1,~eeps coming. She felt :hat the Commission has an opportunity to slow down greY, th. Ms. Graham stated,that the properties in question were not developed w/th future subdivision in mind and many have 11veskoc~:. ljaz Osman, 10616 175m Avenue, stated that feels like he is stuck and that he has no control over what is being decided for his property, fle stated :hat he did not wish to move but if his property is/ncluded in the Urban Service District, he will be forced to sell. Mr. Osman asked what is happening with the North Star Corridor project. Mr. Harlicker explained that proposal for federal funding was approved, and that they will be going to the state for fund/ag this year. Mr. Osman stated that he felt if Car~ll has no plans for development, that this area should be able to remain ~mran~ as well. He felt th/s is an example of where "City and Country Flow T ~ '" o~etner as the City's motto states. There being no further public comment, Chair ?ederson closed the ?ublic heating. Commissioner Baker asked wh~t k w/il mean to the property owners to bring the ?roperzy into the Urban Service District at this time. Mr. Ha'licker stated that it would mean wa~er and sewer would be made available and the prope:'cy owners would be assessed. Terr3~ Maurer explained teat if the City Council approved including the propert7 in the Urban Service D/strict, they would likely establish a time frame such as the 2007 date was set for Plannin8 Commission Oc:ober 13, 2001 P~§e water and sewer for the l-highway 12/Fillmore area. Commissioner Baker asked if the density would be changed. Mr. Harlicker explained that ne~z step wo'ald be to an-lend the land use and zoning designation in the Comprehensive Plan. Commissioner'Ropp asked what the costs ='ould be for a prope~-cy owner to hook up to sewer and water. Mr. Maurer estimated that the trunk assessment would be $6,500 per acre, the lateral assessment would be $50 a foot (approximately $4,000), plus the co~s for bringing the sewer and water from the right-of-way to the home. In addition, there would be charges for the actual sewer and water connections to the house. Mr. Maurer explained that it would be cost-probJbidx, e for these 8 single family residences to pay the assessments and they would be forced to subdivide their propez-cy and sell it. He noted teat it has typically been the City Council's poiic7 when including property in the Urban Service District, not to assess property owners the trunk and lateral assessment until a specified date in the future. Mr. Osman asked why a time line would be given to hook up. Mr. Maurer stated that the Council felt it was appropriate to allow =he homeowners tLme to decide what they were going to do with their property, lie stated that if the property is not included in the Urban Ser~dce District, they will not be assessed, but if it is approved the City Council would set a date. Commissioner Baker felt that it was time for the City to review the Comprehensive Plan and see if other changes are needed] as well. Discussion followed regarding 175~h Avenue. Mr. Maurer stated that the current plans for 175*h do not include sewer and water, but that adequate right-of-way will be provided for possible future ex-tension. CommSssioner Franz stated that he felt a higher density for this area may be justified if the area was ali cornfield, but it includes a large wedand complex which sei-v-es as a buffer, lie felt tbJs is a good reason why the area was not included ~ the Urban Ser~,'ice Area during the last Comp Plan review. He also felt a review of the Comp Plan was in order, to address these types of issues as well as areas for townhomes. Commissioner Baker stated that the futurle of the North Star Corridor is uncertain at t_hz's time. Fie reit it wouid be appropriate to review the Comprehensive Plan to see where the City is at and where it is going. Commissioner Ropp felt that it is possible a ~' ~ ' re ,'zew or the Comprehenszve Plan may allow areas with a rural character sucl2 as rids to remain, lie did not feel a compeiIing reason to bring the prope~y into the Urban Service Area at this time. Chair Pederson stated that it appeared logical to bt;rog the area into the Urban Ser~:ice District, but aker looking at it more closely, there is a considerable amount of wedand. Also, he felt that that it is unknown at this time if the transit-oriented community will happen. COMnVIISSIONER FRAnNrZ MOVED TO RECOM,¥'~_END DENIAL OF TIlE REQUEST BY TIlE CITY OF ELK RIVER TO AMEND TIlE LAND USE PLAN TO INCLUDE CERTAZN PROPERTY IN THE URBAN SERVICE DISTRICT, AS DESCRIBED IN TIlE STAFF REPORT TO TIlE PLkNNiNG COMM_ISSION DATED OCTOBER 23, 2001, CASE NO. OA 01-11, BASED ON TIlE FOLLOWING FINDINGS: Planning Commission Minutes October 23, 2001 Page i3 THE AREA INCLUDES WOULD NOT BE BUILDABLE. DEVELOPMENT OF THE AREA TO TH~ <OUTr4 ES r,~,rKNOWN AT TI-IIS TIME. - ..... 3. THERE ARE NO PLANS FOR DEVELOPMENT OF THE CARGILL PROPERTY. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 3-1. Commissioner Baker opposed. Other Business U date on 9/15/01 City Council ~/~eet~ne Ms. McPherson provided an update on the September 15, 2001 CiD- Council meenng. There being no further business, COMMISSIONER BAKER MOVED TO ,a~DJOURN T~-IE MEETING. COP~JiSSIONER FKANZ SECONDED THE MOTION. Tt-~E MOTION CARRIED 4-0. The meeting of the Elk RJver ?I~ning Commission adjourned at 10:00 p.m. Respectfully submitted, E)ebbie Huebner Recording Secreta~7 City Council Minutes November 19, 2001 Page 7 6.4. COUNCIJ2VFF. MBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by the City_ of Elk River for a Land Use Plan Amendment to Include Cer'cain Property. in the Urban Service District Senior Planner Scott Harlicker indicated that the City is requesting to amend the Comprehensive Plan to include approximately 80 acres in the Urban Service District along the south side of 175~h Avenue east of Twin Lakes Road. Scott stated that the Planning Commission recommended denial of the request and staff recommends approval of the request. Scott reviewed the staff report. He distributed and read into the record a letter from Geraldine Graham, 17451 Tyler Street that was addressed to the Council. Ms. Graham indicated that she was opposed to the request. Councilmember Dietz questioned whether the existing property owners would be assessed for trunk sewer and water. City Administrator Pat Klaers indicated that the Council typically does not assess existing homeowners for trunk utility extensions. He further indicated that the Council could put any type of time stipulation on the trunk assessment to the undeveloped areas, much like what was done for the area north of 175~h Avenue. The Council discussed the request and stated it was not in favor of the request due to the following reasons: · Most of the residents are not in favor of the request. · Although the area will be included in the urban service district at some time, the Council wanted the request to come from the residents. · The Council is not interested in assessing residents for sewer and water if they don't request it. · Tke Council felt it was important to updat~ the Comprehensive Plan prior to making these types of land use decisions. COU-NCILMEMBER MOTIN MOVED TO DENY THE LAND USE PLAN AMENDMENT TO INCLUDE CERTAIN PROPERTY ON THE SOUTH SIDE OF 175TM AVENU-E IN THE URBAN SERVICE DISTRICT. COU-NCILMEMBER KId-ESTER SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. The Council requested that the Planning Commission discuss the need to revise the Comprehensive Plan. The Director of Planning indicated that she would discuss this at the December Planning Commission meeting. Other Business No other business.