6.10. SR 05-21-2001City ~
MEMORANDUM
Item 6.10.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Michele McPherso ,n~Director of Planning
May 2 I, 2001
Case No. LU 01-04
Request by Heritage Landing Development to Include Property in
the Urban Service District
REOUEST
The applicant requests a land use map amendment be approved to add property into the
urban service district.
LOCATION
General location - Highway 10 and Waco Street NW, SW lA of the NW ¼ of Section 31,
Township 33, Range 26, Elk River, Minnesota.
ZONING/LAND USE
C3 - Highway Commercial / HB - Highway Business
ATTACHMENTS
· Location/Zoning Map
· May 19, 1999 City Engineer's memo
OVERVIEW
In 1999, the City Council approved a land use map amendment to remove the subject
property from the Urban Service District. The applicant at that time desired to develop
mini-storage on the property with the billboard maintained on its own parcel. The
applicants had, since approximately 1996, attempted to develop the property in a variety of
ways prior to the availability of sewer and water, which is prohibited by ordinance. Staff
Memo to Mayor & City Council/LU 01-04
May 21, 2001
Page 2
continued to encourage the applicant to wait until sewer and water reached the site in order
to encourage higher quality development.
In 2000, the City approved a public improvement project to extend Business Center Drive
to the west, realign Waco Street, and to extend trunk sewer and water to Waco Street. The
property owner to the south, George Sanford, has submitted a proposal for a townhome
development titled "West Oaks" and will be installing additional sewer and water through
that parcel, making them available to the subject parcel in the future.
It has been staff's position that once this parcel was removed from the Urban Service
District, it would be the responsibility of the property owner to bear all costs associated with
returning the parcel to the Urban Service District and providing water and sewer services to
the parcel in question. This includes possible negotiation for easements with the property
owner to the south if they desire sewer and water connection sooner than the build out of
the development to the south.
It is logical to bring the parcel back into the Urban Service District as parcel surrounding it
on two sides are in the district.
PLANNING COMMISSION ACTION
A public hearing was conducted by the Planning Commission on April 24, 2001. No one
spoke for or against the request. The Planning Commission voted unanimously to
recommend approval of the request to the City Council with a third condition:
Any extraordinary costs incurred by the City in processing the applicant's request
be recovered from the owner/applicant.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve the land use
map amendment to bring the subject property back into the Urban Service District with the
following conditions:
The owner/applicant shall bear all costs for providing sewer and water service to
the property.
The City will not assist the owner/applicant (i.e imminent domain) in providing
sewer and water to the property sooner than the development to the south
allows.
Any extraordinary costs incurred by the City in processing the owner/applicant's
request be recovered from the owner/applicant.
S:KPLANNINGMMICHMC\CCREPRTS\LU 01-04.DOC
LOCATION
c.~ ZONING
City o~
Ella'S-River MAP
~o~ O~o~o ~,~.~y- ~.o. ~o~ 4~o CASE' LU 01-04
H o ward R, Green Company
SULTING ENGINEERS
May 19, 1999
File: 230000M
Mr. Steve Wensman
Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Formerly MSA
Consulting Engineers
RE: HERITAGE LANDING DEVELOP1Vi~NT
REQUEST FOR REMOVAL FROM THE URBAN SERVICE AREA
Dear Mr. Wensman:
City Ac]rn~n~strator Pat Klaers has asked us to review the request by Heritage
Landing Development for the removal of their parcel of land from the Urban Service
.District. We have done this from strictly an engineering perspective. As you are
.... aware-, Heritage Lana~,~ Development owns a small parcel of land, adjacent to TH
10 just west of Waco Street. The parcel is triangulaz in shape and actually has no
frontage on a city street. It does, however, have access from the highway. It has
(:'/be~n documented by MnDot that this highway access can be continued as the
'Property develops beyond an agricultural use. The west line of this property abuts to
Big Lake Township. There is a wetland complex existing approximately in the center
of the property.
In the future, it is the City's intent to reahgn Waco Street farther to the east. This is
in an effort to provide more room on the north side of the highway to configure an
intersection which will ultimately be signalized. This realignment of Waco Street
may make access to a city street from this property even more H~cult. Given this
property's somewhat sma]/size, its location in an extreme end of the Urban Service
Area, and its unique road access, we see no problem with removing it from the Urban
Service District.
We would caution, however, that if the developers petition to be included in the
Urban Service District in the future, there may be extraordinary costs associated
with providing sewer and water service to this site. These would result bom a couple
of A~fferent items.. First of a/l, the site was always intended to be served by lateral
sanitary sewer and water since it is on the exL'eme west end of the Urban Service
District. Most likely this service wo'~d come from the property lying immediately
1326 Energy Park Ddve · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389
south of the subject site. If the request to remove them from the Urban Service
District is g-ranted, the design of the sewer and water to serve the site to the south
would generally not include a review of what it would take to provide service to this
site. Therefore, the s~n~tary sewer may not be provided with extra depth if that is
needed to ultimately serve this site, nor would there be provisions to extend
waterm~u for looping purposes or possibly even easements to extend s~r~tary sewer
to the site. In the future, ffthe owners would petition to be included in the Urban
Service District, the extraord~uary costs may include a lift station for sanitary sewer
service, easement acquisition for extending the sewer and looping of the watermain
and the developers would be required to pay these extraorajnary costs and acq~re
any necessary easements.
If you have any questions recar~n~ these comments, please call.
Sincerely,
Howard 1~. Green Company
Terry J..Maurer., P.E.
s:.xp~.,~Mn gk] etter$\230000m-d°c
Howard R, Green Gompany
OONSULTtNG ENGINEERS