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7.15. SR 06-19-1995ITEM 7.15. ver MEMORANDUM TO: Mayor and City Council FROM: Steven B. Ach, City Planner-~G DATE: June 19, 1995 SUBJECT: Request to Grant aSix-Month Extension for Moratoriums on Subdivisions by the City of Elk River, Public Hearing Case No. OA 94-2 Request Consider a resolution granting asix-month extension to Ordinance No. 94-7, establishing a moratorium on subdivisions of land outside the City's current urban service area. Attachments • Resolution 95- • Report to the Mayor and City Council dated June 6, 1994 Backeround Approximately one year ago the City Council adopted Ordinance No. 94-7, establishing atwelve-month moratorium on subdivisions of land. This moratorium was put into place to allow the Comprehensive Planning process to be completed prior to additional subdivisions of land occurring in an area that is being considered for possible changes. Although the original moratorium was for atwelve-month period, I am hopeful the Steering Committee will render their recommendations for the Planning and City Council to consider for this area subject to the moratorium within the next six months. If these decisions are made prior to the six- month period, the moratorium can be terminated by the City Council prior to the six-month period. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council June 19, 1995 Analysis Page 2 • For the City Council's information, during the twelve month moratorium, staff has received a handful of inquires from property owners interested in subdividing their property within the area subject to the moratorium. One property owner within the past year was interested enough to pursue an exemption from the moratorium allowing a subdivision of their land. This request was a logical exemption and presented no major conflicts with the intent or purpose of the moratorium. Besides this one exception, there does not appear to be an immediate desire from property owners in this subject area to proceed with subdivisions. Therefore, the additional six-month period should not be in conflict with any pending developments. Recommendation It is recommended that the City Council adopt the attached resolution granting asix-month extension to an ordinance establishing a moratorium on the subdivisions of land outside the City's current urban service area. C~ • s:council:morator 1 ~{ City of ,~~ ilk Rives REQUEST ITE*1 8.1. ~QOp~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVEN B. ACH, CITY PLANNER~,~~ DATE: JUNE 6, 1994 SUBJECT: REQUEST TO ESTABLISH A MORATORIUM ON SUBDIVISIONS BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-2 Consider an ordinance establishing a twelve (12) month moratorium on subdivisions of land outside the city's current urban service area. This moratorium covers the area illustrated on the attached map and will specifically prohibit subdivisions of land into parcels less than ten (10) acres in size. • ATTACHMENTS Ordinance No. 94-_, Location Map, Report to the Planning Commission dated May 24, 1994 OVERVIEW As the City Council is well aware, the process of updating the Comprehensive Plan has recently commenced. One of the main issues that is currently being studied by Terry Maurer and will be addressed as part of updating the plan, is considering the options available for the extension of city sewer and water into the eastern area of the city. With the uncertainty of the exact area that may be served with city water and sewer, it is important to preserve a potential service area by prohibiting further subdivisions of land into parcels less than ten (10) acres in size. Therefore, the moratorium will protect the planning process until decisions are made. This moratorium will specifically prohibit subdivisions of land into parcels less than ten acres in size within that area described on the attached location map. In other words, if a property owner controls forty (40) acres, that parcel could be subdivided into four (4) ten acre parcels. On the other hand, any lot • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 5330 • (612) 441-7420 • Fax: (612) 441-742 Moratorium June 6, 1994 Page 2 size less than ten (10) acres will not be permitted while this moratorium is effective. The purpose of this moratorium is not to stop development, however, it is intended to maintain large lots (minimum ten acres) to allow for the efficient extension of city water and sewer into the eastern area of the city. Once the City Council determines the limits of the next urban service area, the appropriate zoning can then be established and the moratorium terminated. For additional information, please refer to the attached Planning Commission Report. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended approval of the interim ordinance establishing a twelve (12) month moratorium on subdivisions of land. The Planning Commission felt this was an important ordinance to establish during the update of the Comprehensive Plan to prevent possible subdivisions that may be contrary to the ultimate long range planning for the eastern area of the city. RECOMMENDATION It is recommended the City Council approve the interim Ordinance No. 94- _ along with the attached location map identifying the specific azea that will be affected establishing a twelve (12) month moratorium on subdivisions creating lots less than ten (10) acres in area. • mort.council FROn LFRKIN NOFFnflN DRLV IINDGREN 612-6963265 05.20.1994 11=16 t ORDINANCE 94 - CITY OF ELK RIVER • AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE APPROVAL OF CERTAIN SUBDIVISIONS WITHIN CERTAIN AREAS OF THE CITY OF ELK RIVER P. 2 The City Council of the City of Elk River does hereby ordain as follows: Section 1. F~oaB. 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 ie the extension of City water and sewer services. The moat likely direction for extending utilities is to the east and southeast of the preseat sanitary sewer and water area, to serve the commercial and industrial areas along east Highway 10 and the residential areas along the eastern edge of the City. Extending utilities to the east and southeast will require a substantial City investment in trunk fa,~~ilities and improvements to the City's waste water treatment plant. The. City's ability to finance these facilities and improvements will depend on its ability to assess benefitted properties which will be served by the new trunk facilities and plant expansion. • The moat difficult properties to assess when extending municipal utilities are large residential lots from two to ten acres. Properties which fall in this category are expensive to serve with utilities for a single residential unit, and are difficult to subdivide so that the cost of the utilities can be spread over multiple units. The City has experienced this problem in the past and is acting to prevent this from happening again so that this type of residential development does not prevent the extension of utilities to serve the commercial and industrial areas along east Highway 10 and the residential areas along the eastern edge of the City. The Metropolitan Council also recommends that rural areas which are intended to be served with municipal utilities be restricted to ten acre minimum lot sizes for residential lota.~ This interim moratorium ordinance is therefore adopted to protect the integrity of the comprehensive planning process and the health, safety and welfare of the citizens of Elk River by assuring that development within the affected areas of the City does not prevent the extension of utilities into these areas if the Comprehensive Plan ie amended to provide for such extension. L FROM LRRKIN NDFFI1RN OAL4 LINDOREN 612-8963265 05.20.1994_,11:17 P. 3 • Section 2. Moratorium declared. During the term of this ordinance and any extensions thereof, a moratorium is hereby imposed pursuant to which no applications for subdivisions of land into residential parcels less than ten acres in size shall be accepted or considered, and no such subdivision shall be approved by the City Council, for any property which cannot be served by existing sanitary sewer and water facilities and which is located south of County Road 33 and east of State Highways 169 and 101. Section 3. Term• Thia ordinance shall be effective upon publication as provided by law and shall terminate 365_ days thereafter, unless extended by action of the City Council. Passed and adopted by the City Council of the City of Elk 1994. Henry A. Duitsman, Mayor \J River, this day of Attest: Sandra Thackeray, City Clerk PKB:JBSa 2. r. ~`,~ ~ ~ , ~ . f _ _ Jam, I,I ~ ~ ;:~y , ; '~ ~ _l.. iii ~ilHl~~ ; Ir~..- - - ~~ %~' :~ I 1:,= 7 I IA ~~ ~1^~~ ."' 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