6.7. SR 06-18-2001City
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Senior Planne
June 18, 2001
SUBJECT: Case No. CU01-18
Request for Interim Use Permit by Brian Brueske
Item #
6°7°
Request
Brian Brueske requests an interim use permit to allow the development of industrial
property, which is within the urban service area, prior to the availability of municipal sewer
and water.
Location
16501 Highway 10, the northeast corner of Highway 10/169 and 165th Avenue.
Zoning/Land Use
I1 (Light Industrial) / LI (Light Industrial)
Attachments
· Location map
· Site plan
· Copy of Section 900.20.16 of the Zoning Code
Overview
Mr. Brueske is requesting an interim use permit to develop industrial property prior to the
availability of municipal sewer and water. The applicant would like to locate his water
purification company "Aqua Pure Solutions" on this property. The zoning code does not
allow development of industrial property within the urban service area prior to the
availability of services. The interim use permit would allow for the use of a private well and
Memo to Planning Commission/CU 01-18
May 22, 2001
Page 2
septic system until municipal sewer and water are available. Once sewer and water are
available, the property owner would be required to hook-up to the services and the interim
use permit would be terminated.
Section 900.20.16
The property is within the urban service area but there are no plans to extend service to this
parcel in the foreseeable future. Section 900.20.16 of the Zoning Code does not allow
development of industrial, commercial, or business park property, located within the urban
service area, prior to the immediate availability of sewer and water. The Zoning Code does
however, allow for the construction of a second principle structure or the expansion of an
existing building prior to the immediate availability of sewer and water with certain
conditions.
If the applicants wanted to combine the lots into one lot, Mr. Brueske could then construct
his building because it would be considered a second principle structure. However, Mr.
Brueske wants to own, not lease his land and building.
In the past, the City has allowed the development of industrial facilities on property within
the urban service area prior to the availability of services by changing the zoning from
industrial to planned unit development. Morrell and LeFebvre Trucking were allowed to
develop under this scenario. This is not an option for Mr. Hetland and Mr. Brueske because
the lot they want to develop is only 1 acre in size and the proposed development does not
meet the spirit or intent of the Planned Unit Development District.
Section 900.20.16 was created so that the city could preserve orderly development in areas of
the city that are in the urban service area but sewer and water are not readily available.
Development could then be guided so that it would not interfere with future extensions of
sewer and water service.
Analysis
In determining the appropriateness of an interim use permit the following criteria should be
considered:
A. The period of time for which the interim use permit is to be granted will
terminate before any adverse impacts are felt upon adjacent properties.
B. There shall be adequate assurance that the property will be left in suitable
condition after the use is terminated.
C. The use is similar to uses defined in the zoning district in which the property
is located.
D. The date or event that will terminate the use can be identified with certainty.
Document2
Memo to Planning Commission/CU 01-18
May 22, 2001
Page 3
E. Authorizing the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future.
F. The applicant and user agree to all conditions that the City Council deems
appropriate for authorization of the interim use.
G. The applicant provides assurances deemed adequate by the City Council that
the use will terminate as provided in the interim use permit. The City Council may
require the applicant to deposit a cash amount with the City, or provide some other
form of security, to ensure compliance with this criteria.
Staff has reviewed the above criteria and feels that the authorization of this interim use
permit is consistent those criteria.
An interim use permit would allow the development of the applicant's property prior to the
availability of city services in such a way that it would not interfere with the future extension
of sewer and water service. The septic system and well could be located to provide a smooth
transition to city services when they become available. The interim use would expire upon
the availability of services and the property owner would be required to pay assessments and
other costs associated with hooking up to sewer and water.
Prior to development of this property, the applicant will have to plat the property and will
have to go through the site plan review process.
The City Engineer will be attending Monday's meeting and will be available to answer
questions relating to future connections to sewer and water.
Planning Commission Meeting
At the May 22nd Planning Commission meeting no one spoke at the public hearing. The
Commission discussed what will happen to the septic tank and leach field when they are
abandoned, the proposed conditions and the timing of when the applicant will have to hook
up to sewer and water, and the wording regarding future assessments. The Commission
voted unanimously to recommend approval.
Recommendation
The Planning Commission and staff recommend that the City Council approve this request
for an interim use permit to allow development of the applicant's property with a private
well and septic system prior to the availability of sewer and water with the following
conditions:
1. The interim use permit is for the private well and septic system and will terminate
at the time when city sewer and water become available.
Document2
Memo to Planning Commission/CU 01-18
May 22, 2001
Page 4
2. The property owner will agree to pay all trunk and lateral costs assessed for
extending water and sanitary sewer to the site and will waive all rights to appeal the
amount assessed for water and sanitary sewer.
3. The property owner will hook-up to City sewer and water within the specified time
frame in the city's current ordinance applicable at the time these services become
available.
4. Prior to developing the property, the property shall be platted and the applicant
shall apply for site plan review.
Document2
I/
LOCATION
1773H
17413.1
171ST
170114
~68~H
166TH
164.';H
1~o'n4
159"n.i
183~D
182N0
1515T
,!
II
Im ~ m 160314
'-~'~.~~ LOCATION
cit:~ or .,~.%MAP*
Ell~'~River
Elk ~ver, MN 55330
,/
L
use cf
common wall
indus trial
requ~ir ement s:
EXISTING ORDINANCE
~tween buildings may be allowed in commerci~
districts in accordance with the fo!
A. The
perimeter s
parking stalls.
B. Proper cross
prepared and exe
parking concept does not -cugnvent the
recfuirement ~,or the re .red nuraber cf
C. Common archit
units within the zero 1
D. Each zoning
of the zoning dis
~ess and crc larking agreements are
E. The
ordinance s
design standards for all
ne developmenu may be rectuired.
the Performance Standards
~ing and s provisions of uhis
apply to the zonin lot.
a
AVAILAJBILITY OF CITY WATER A-ND SEW~ER
F. FQ4~ purpose of determining placement and
nurmbe~f signs for a zoning lot and ~use~ there~n~
zcn~ lot shall be considered a "!ct" a= rezerence~
Ci~'s sign ordinance. As such, one free-standing or
~n~ment sign is permitted o~ the Zoning lot to identify the
uses established thereon.
DEVELOPFfENT WITHIN TEE I/RBAN SERVICE A3LE~ PRIOR TO TEE
The Urban Service Area is defined in the Elk River Comprehensive
Plan as the area planned for deve!opmen5 with city water and
sewer services. As a prerecfuisite to applying for or receiving
any building permit or planning application in all commercial,
industrial and business park zoning districts within the urban
service area, city municipal utilities ('i.e., sewer and water)
must be available for immediate hookup and/or available at the
time of occupancy.
The following are exceptions to the above stated requirements:
A. Existing businesses structuresi located within the
urban service area and not currently served cr have the
opportunity to hock up to city sewer and water, may apply to
expand a principal structure; or add a second principal
structure on ~he same parcel.
In addition to all other city ordinances or re~u!ations cf
the city, the following conditions shall apply to an
expansion of an existing structure cr construction cf an
additional principal structure on the same parcel:
9.76
ii.
iii.
~ application for a conditional use permit must be
submitted in accordance with the requirements set
forth in the Zoning Ordinance.
Applicant enter into a developer's agreement
stipulating the likelihood of the payment cf future
assessments for city sewer and water.
Applicant sign a waiver o~ rights to appeal future
assessments for city sewer and water on the basis of:
a. The permitted expansion or additional
structure;
b. The sufficiency cf the existin~ well and
septic system.
iv. The proposed addition and/ct bui!din~ expansion
shall be consistent with the city's Comprehensive
Plan.
v. Ail building improvements shall include
provisions for a timely hook up to city water and
sewer in accordance with applicable city code
req~airement.
9.77