5.5. SR 09-15-2008REQUEST FOR ACTION
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To Item Number
Ci Council 5.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment Se tember 15, 2008 Jerem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by City of Elk River for a Land Use Amendment
Relating to East Co. Rd. 40, Case No. LU 08-01 -Public Reviewed by
Hearing
Action Requested
Approval of a land use amendment, removing the subject property from the urban services district and
placing it in the rural service district.
Summary
The subject property was included in the urban services (city water and sewer) in preparation for Liberty
Heights Estates. As part of that approval, a condition was included that should a preliminary plat fail to
be approved, the property would go back to its original rural designation. This action accomplishes that.
Planning Commission Discussion
The Planning Commission questioned the history of the project, and felt comfortable with the
amendment, noting its consistency with the original Council decision.
Public Comment
There were several comments made during the public hearing. Two residents noted that property values
of water/ sewer available land is higher than land outside of the boundary. Other comments received
related to the need to include properties to the south in urban services, and the need to provide
connection to properties to the west.
Attachments
• Staff report to Planning Commission dated September 10, 2008
• Resolution
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Tempoxary Internet Files\OLK3E\CC staff report 9-15-08.doc
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COPY
City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION
ACTION s.4.
Agenda Section Meeting Date Prepared by
Plannin Items Se tember 10, 2008 erem Barnhart, Plannin Man r
Item Description Reviewed by
East County Road 40 Land Use Amendment:
Change from urban residential to rural residential
Location
The project is located generally east of Cleveland Street (CR 40) and south of 197' Avenue (CR 31,
Viking Boulevard.
Attachments
• Location Map
Action Requested
Approval of a Land Use Amendment that would remove the subject property from urban residential to
rural residential.
Planning Commission Action Motion by Second by Vote
Follow Up
Case File: LU 08-01
' Page 2
Location: Southeast corner of County Highways 31 13/40. Generally east and north east of
the Riverpark neighborhood.
Zoning: R1a Land Use: Rural Residential
Adjacent N - R1a
Zoning: E - [Anoka County] Land Use:
S-R1a
W - PUD residential
Proposed Zoning PUD Residential Proposed
Land Use
Adjacent N Rural Residential
Site Area: 276.82 acres, including 6.51 acres of County ROW
E -Rural Residential
S -Rural Residential
W -Urban Residential
None
Overview
As part of the Li'oerty Heights Estates proposed development in 2006-2007, a Land Use
Amendment was approved, essentially extending the urban services to serve the property. One of
the conditions of this. change was that a preliminary plat would be approved by March, 2007. Since
the preliminary plat was not approved by that time, the City may exercise this condition.
This change does not prevent the City from extending the urban service district in the future, and
gives the City a better foundation when negotiating a proposed development desiring urban services.
Recommendations
1. Staff recommends that the Planning Commission support the Land Use Change, removing
the subject property from the Urban Services District
S:\PLANNING MAIN\Case Files\LU\LU 08-01 East 40\E40 Staff Report 9-10-08.doc
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Case Number: LU 08-01 CITY OF ELK RIVER
CITY OF ELK RIVER
RESOLUTION NO.08-
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM URBAN RESIDENTIAL TO RURAL
RESIDENTIAL
Case No. LU 08-01
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Wednesday, September 10,
2008 and recommended approval regarding the Comprehensive Plan amendment request for the
property generally described as:
Exhibit A
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and finds the following:
1. The proposed amendment is consistent with their plans for the property
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the Land Use Plan be amended to change the property as described above from Community
Commercial to Light Industrial.
PASSED by the City Council of the City of Elk River this 15~ day of September, 2008.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Cletk
Ezhibit A
PID 75-125-1100 PATRICK & DEBBIE HOLZEM
East one-half of the Northeast Quarter (E 1/2 of NE 1/4) of Section Twenty-five (25), Township
Thirty-three (33), Range Twenty-six (26) and the Southwest Quarter of the Northeast Quarter
excepting the West 360 feet of the North 1210 feet as measured at right angles of the Northeast
Quarter of the Northeast Quarter of Section Twenty-five (25), Township Thirty-three (33),
Range Twenty-six (26), Sherburne County, Minnesota.
PID 75-125-4100 PATRICK & DEBBIE HOLZEM
East 106 2/3 acres of Southeast Quarter of Section Twenty-five (25), Township Thirty-three
{33), Range Twenty-six (26), Sherburne County, Minnesota, except all that part of the Southeast
Quarter of Section Twenty-five (25) ,Township Thirty-three (33), Range Twenty-six (26),
described as follows to wit: Commencing at a point on the South Section line of said Section 25,
106 2/3 rods West of the Southeast Quarter of said Section; thence North and parallel with the
center Section line of said Section a distance of 300 feet; thence East and parallel with the South
line of said Section 726 feet; thence South and parallel with the East line of said Section 300 feet
to the South Section line; thence West along. said Section line a distance of 726 feet to the point
of beginning and there terminating, according to the U. S. Government Survey thereof, Sherburne
County, Minnesota.
PID 75-125-4101 EMMA & PATRICK & DEBORAH HOLZEM
All that part of the Southeast Quarter of Section 25, Township 33, Range 26, Sherburne County,
Minnesota described as follows to wit: Commencing at a point on the South Section line of said
Section 25, 106 2/3 rods West of the Southeast Quarter of said Section; thence North and parallel
with the center Section Line of said Section a distance of 300 feet; thence East and parallel with
the South line of said Section 726 feet; thence South and parallel with the East line of said
Section 300 feet to the South Section line; thence West along said Section line a distance of 726
feet to the point of beginning and there terminating, according to the U. S. Government Survey
thereof, Sherburne County, Minnesota.
PID 75-125-1200 RONALD NiIDDLESTADT ET AL
The Northwest Quarter of the Northeast Quarter of Section 25, Township 33, Range 26,
Sherburne County, Minnesota, excepting therefrom the following 3 parcels:
1. The North 300 feet of the West 300 feet of the Northwest Quarter of the Northeast
Quarter of Section 25, Township 33, Range 26, Sherburne County,lVlinnesota.
2. The South 120 feet of the West 363 feet of the Northwest Quarter of the Northeast
Quarter of Section 25, Township 33, Range 26, Sherburne County, Minnesota.
That part of the Northwest Quarter of the Northeast Quarter of Section 25, Township
33, Range 26, Sherburne County, Minnesota, described as follows: Beginning at a
point on the West line of said NW 1/4 of NE 1/4 that is 120 feet North of the
Southwest corner thereof; thence East parallel with the South line of said NW 1/4 of
NE 1/4 a distance of 280 feet; thence West parallel with the South line of said NW
1!4 of NE 1/4 a distance of 145 feet, more or less, to the center line of the public
ditch; thence Southwesterly along the center line of said ditch to an intersection with
the West line of said NW 1/4 of NE 1/4; thence south on said West line to the point of
beginning.
PID 74-125-1102 SHARON M. BAUER
That part of the East 180.00 feet of the West 360.00 feet of the North 1210.00 feet, as measured
at right angles, of the Northeast Quarter of the Northeast Quarter of Section 25, Township 33,
Range 26, Sherburne County, Minnesota, lying southerly of the following described line:
Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence
South 00 degrees 23 minutes 23 seconds West along the West line of said Northeast Quarter of
the Northeast Quarter, a distance of 62.83 feet to the point of beginning; thence South 89 degrees
OS minutes 30 seconds East, a distance of 6.41 feet; thence North 89 degrees 47 minutes 00
seconds East, a distance of 353.61 feet to the East line of said East 180.00 feet of the West
360.00 feet of the Northeast Quarter of the Northeast Quarter and there terminating.
PID 74-125-1104 SHARON M. BAUER
That part of the West 180.00 feet of the North 1210.00 feet, as measured at right angles, of the
Northeast Quarter of the Northeast Quarter of Section 25, Township 33, Range 26, Sherburne
County, Minnesota, lying southerly of the following described line: Commencing at the
Northwest corner of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 23
minutes 23 seconds West along the West line of said Northeast Quarter of the Northeast Quarter,
a distance of 62.83 feet to the point of beginning; thence South 89 degrees OS minutes 30
seconds East, a distance of 6.41 feet; thence North 89 degrees 47 minutes 00 seconds East, a
distance of 173.60 feet to the East line of said West 180.00 feet of the Northeast Quarter of the
Northeast Quarter and there terminating.
PID 75-761-0040 FMM FAMILY LMTED PARTNERSHIP
Outlot D, RIVER PARK, according to the recorded plat thereof, Sherburne County, Minnesota.
PART OF PID 75-125-4201 A.M., J.C. & JOSEPH HULBERT
That part of the Southeast Quarter of Section 25, Township 33, Range 26, Sherburne County,
Minnesota lying westerly of the West line of the East 106 2/3 acres of said Southeast Quarter,
lying easterly of the West 883.29 feet of said Southeast Quarter, and lying northerly of
SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 30, also known as Parcel
24, SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 30.