5.2. SR 10-02-1995a
~lk Ri
FROM: Pat Klaers, City Administrator
DATE: October 2, 1995
~,
SUBJECT: Development With' the Urban Service
District
This memo is offered as an overview and cover memo to the City Planner's
report. As I understand the situation, the Council received a request on 9/18
to change our city ordinance and policy as it relates to development within
the urban service district.
As much as we would like to see developers and landowners do anything
within reason on their property, staff must recommend denial of this request.
To change our development approach would be a major shift in city policy
and would have tremendous long range implications when the east Elk River
area receives sewer and water extensions.
• As the Council knows from experience, in spite of everyone's understanding
that sewer and water is coming, it is extremely difficult to install utilities
and force hook ups and assessments on property owners that have just
recently developed. Likewise, if there are no rules to control "leap frog"
development in the urban service district, why would anyone, unless
absolutely necessary, develop where utilities are available and where the
property is more expensive? The current policy discourages leap frog
development, encourages orderly growth from the core village out,
encourages orderly and cost effective extension of utilities, and also
encourages full utilization of existing facilities and buildings before new ones
are constructed.
In addition to the points listed in the City Planner's report, this type of
development issue can also affect long range transportation plans. This
specific proposal may have an impact on Highway 10 access points, an Elk
River bridge crossing location, and the Highway 10 frontage road system.
If the Council decides to allow this project to move forward, it would be the
recommendation of staff that this area be excluded from the sewer and water
district rather than having the city try to create a rationale for why this
development should be allowed within the sewer and water district and why
others may not be allowed. However, if this area west of Waco is excluded
ITEM 5.2.
MEMORANDUM
V~~ TO: Mayor & City Council
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
from the sewer and water district, the Council must consider a number of
• "what if" scenarios. For example, what if a development proposal comes in
for the east side of Waco right at Highway 10? Why would we also not
exclude this area from our sewer and water district? This is a tough question
and we will have similar tough questions in the future for east Elk River if
this request is approved.
Staff is recommending denial of the request. If the City Council is leaning
toward approval, it is recommended that this action not be taken at this
meeting and that the issue be given more review and evaluation than the two
weeks that have been allowed. In this regard, if the City Council is leaning
toward approval, staff would appreciate some direction from the Council and
some more time to formulate the best recommendations for new city policies
which would allow this developer to move forward.
•
~~~ ~~
ity of ~~
lk •
River
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
ITEM 5.2.
Steven B. Ach, City Planner~,~~~cv
October 2, 1995
SUBJECT: Discuss City Policy Regarding
Development within the Urban
Background
Service Area without City Water
and Sewer
This item was brought up at the September 18th City Council meeting by Mr.
Kincanon and Mr. Chuba as part of a request to construct a 4,200 square foot
office building at the southwest corner of Waco Street and Highway 10. The
City Council directed this issue back to the Planning Commission for their
discussion and recommendation.
Planning Commission Recommendation
The Planning Commission discussed this item at their September 26th
regular Planning Commission meeting. The Planning Commission suggested
the city consider an ordinance amendment that would allow commercial and
industrial development within the urban service area without city water and
sewer. The Planning Commission cited the ordinance amendment have a set
of criteria that would follow these guidelines:
• The use be industrial or commercial development
• There be a significant distance from the sewer and water
• Construction of building be consistent with use
• Development consistent with Growth Management Plan
• Development consistent with surrounding property
• Agreement to access water and sewer when available
• Agreement to be binding on successors to property
• Agreement secured by cash bond deposited with City
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Attachments
Attached is staff's memo to both the City Council and the Planning
Commission discussing this item, along with exhibits illustrating the location
of the subject property and other pertinent information relative to this issue.
Staff Recommendation
Staff believes the City Council should thoroughly evaluate this request as it
is a change from the current ordinance and would be a deviation away from
the city's growth management policies. At this time,- staff would recommend
the Council endorse the current standards setforth in the ordinance and the
growth management policies within the Comprehensive Plan and continue to
manage development within the current urban service area in accordance
with these current policies.
•
C.
s:council:chuba
~5~~ ~y ~EVE~ P~
. SOLUTIONS TO C-3 LIMITATIONS
I. .Establish Standards Allowing Development
A. Grant a variance to water & sewer hook-up based on conditions.
B. Conditions include:
1. Construction of building consistent with use.
2. Development consistent with Growth Management Plan.
3. Development consistent with surrounding property.
4. Agreement to access water & sewer when available.
5. Agreement to be binding on successors to property.
6. Agreement secured by cash bond deposited with City.
II. Exempt the Property from Urban Service Area.
Property exempted with agreement to include in Urban Service Area when water
& sewer are available.
III. Extend Water & Sewer
A. Water & Sewer scheduled for 1993 per Growth Management Plan.
B. Property is at end of City limits so western expansion would be complete.
C. Tax base of property would be increased.
If this option were selected, a variance would need to be given to allow
development pending the extension of services.
f ~~
_ity of .,~~
lk
River
TO:
FROM:
DATE:
MEMORANDUM
Punning Commission
ITEM 6.1.
Steven B. Ach, City Planner ~,~~~~--',
September 26, 1995
SUBJECT: Discuss City Policy Regarding
Development within the Urban
Service Area without City Water
and Sewer
Attached is a memo that was provided to the City Council on September 18th
regarding this issue. The City Council discussed this item during open mike
of the meeting on September 18th. After listening to a brief presentation
from Craig. House, attorney representing Mr. Chuba and Mr. Kincanon, the
council discussed the item and suggested that the Planning Commission
. discuss this item at their next meeting and make a recommendation to the
City Council.
In addition to the memo that was sent to the City Council, I have also
attached some background information to assist the Planning Commission in
reviewing this issue. Mr. Chuba and Mr. Kincanon have also :provided some
plans and a letter from ASCS office, explaining their situation and interest in
locating in Elk River.
There are several issues associated with this issue that, for the most part,
relate to the city's growth management policies. Unfortunately, these
policies may conflict with immediate development interest, making the
decision on these matters that much more difficult.
If the Planning Commission members have any questions regarding this
topic, please feel free to call me at 441-4902.
s:planniug:p c:urbanser
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
~ a{
~y of ,
~lk River
Issue
MEMORANDUM
TO; Mayor and City Council
FROM: .Steven B. Ach, City Planner ~---
DATE: September 18, 1995
SUBJECT: REQUEST TO DEVELOP WITHIN THE
URBAN SERVICE AREA WITHOUT CITY
WATER AND SEWER
At Monday night's meeting the City Council may be addressed at open mike
by Dennis Chuba and Richard Kincanon. Their issue is allowing
development without city water anal sewer.
Background
•~
Over the past couple of weeks I have been talking with Dennis. Chuba and
Richard Ki.ncanon regarding a 4,000 square foot office building they would
like to construct at the southwest corner of Waco Street and Highway 10,
which is the western gateway to the community. This particular piece of
property is within the urban service area and is, therefore, subject to the
ordinance requirement that commercial development "must hook up to sewer
at water if it is within the city sewer district." The three were parcel of land
that Mr. Chuba and Mr. Kincanon want to develop at this time does not have
water and sewer available. The city water and sewer currently stops at the
county courthouse building and does not have an immediate need to be
extended any further.
Staff has discussed the issues and has presented Mr. Chuba and Mr.
Ki.ncanon three options for them to continue the pursuit of developing their
property at this time. These options are as follows:
1. Request an ordinance amendment deleting the requirement that
commercial development within the urban service area must hook up
to water and sewer; or,
2. .Request a comprehensive plan amendment removing their property
from the urban service area; or,
1306 Orono Parkway. • P.O. Box 490 • Elk River, MN ~~330 • (612) 441-7420 • Fax: (612) 441-742
3. Petition the city to have water and sewer extended to serve their
property and allow the development to occur.
Besides the issue of city water and sewer, staff has also identified some
issues relating to tra~:c and the passible need for developing a frontage road
concept similar to the frontage road currently being constructed from Joplin.
to Waco. Secondly, the city engineer has indicated options are still being
explored to extend Waco Street across Highway 10 and ultimately, the Elk
River. There is a chance that the realignment of Waco Street may involve a
portion of the subject property to be developed.
Allowing this type of development to occur prematurely is contrary to the
city's growth management control policies and the existing zoning ordinance.
Staff would encourage the City Council to carefully consider this issue
because of the ramifications that will occur as a result of "premature (leap-
frog) development" without any water and sewer. This situation of managing
growth in the urban service area will be applicable to the east Highway 10
corridor when water and sewer is extended. Therefore,. depending upon_the
Council's decision on this matter, a precedent maybe set, further
complicating the efficiency to serve the east Highway 10 corridor with. city
water and sewer.
I would be happy to answer any questions the Council may have prior to
Monday night's meeting. Please feel free to contact me at 441-4942,
otherwise, I will be prepared to answer questions at Monday night's meeting.
U
s:council:chubakin
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5.=1
Sewered No Limit No Limit 100 percent 45'
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Sewered No Limit 15' 15' 40' S0 percent 40'
• ~~
[7) 1 Aere 25' 20' 40' 40 percent 45'
100' Width
L-1
I77 1 Acre 30' 25' 20' 40 percent 45'
1'00' Width
L- ~
(77 1 Acre 30' 25' 20' 40 percent 60"
100' Width
I1) 4 Lots per 40 acre maximum, with 2-1/2 acre minimum and one curb cut
[2] Minimum lot width is required to be increased by 20 feet for single
family corner lots.
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I3] Single Family 10,000 sq. ft. 30' 10' 10' 25 percent 3 Floors
80' width or 40'
9.50
•
[4) Duplexes 6,000 sq. ft. 30' 10' 10'
60' Width
3 Floors
or 40'
[5) Side and rear setbacks are increased to 30 feet where the lot abuts a
single family
residential zone
[6j Multifamily lot size may be reduced by 400 sq ft for every tuckunder or
underground garage
[7] Must hook up to City sewer and water if within the City sewer district.
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increase the uti
hzanon of the sanitary sewer and water facilities, thus spreading costs
over a larger population.
~K ~ r~M
Phase I e.~cpansion is targeted to occur before 199. This five year expansion is to be
west of the existing urban service area between the Mississippi River and the Elk River
(the western area), and east of Highway 169 between Elk Hills Drive and 197th Avenue.
The western area should be serviced as soon as economically feasible. Phase II
expansion is targeted to occur after the completion of Phase I. Any expansion is
contingentupon the City's dete.-urination that there is readily available a cast effective
method by way of which to extend those services to the serviced properties without
undue burden to the ta~cpayers.
All future development within the boundaries of the planned urban service district will
require hoof.-up to the water and sanitary sewer systems eYCept the area between the
Elk River, County Road 35, Meadowvale Road and the western boundary of the City
which will require overlay plats for future development.
Based on the land use categories evaluated in the Land Use Plan .(Figure 9-A}, the
Planned Urban Service Area (Figure 3-C) can contain 17,400 additional people of the
total accommodated growth of 23,900 people.
E. NECESSARY ACTIONS
1. A feasibility study. must be completed to determine the feasibility of mainline
construction, project cosu, and methods of paying the costs, to two or three
areas of the City.
2. Analysis of the User Charge System and City ordinances as they relate to
operation and maintenance. of existing facilities.
3. Adherence to the assessment policy for the extension of water and sanitary
and storm sewer facilities.
4. Update capital improvement program to coordinate an orderly extension of
facilities into new areas.
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UNITED STATES CONSOLIDATED FARM SHERBURNE CFSA OFFICE"
• DEPAk7MENT OF SER1rICE AGENCY ?924 47th Sf. 5E 80x38
AGRICUtTURE BECKER, KN 55308 ';
OATt: Sept. 15. 1995
T0: City of Elk .River
FROM: Phyllis =ramstad, Acting CE D, Anoka-Hennepin-Sherburne CFSA
SUBJECT: Colloca .on of office space
The Anoka-lierrnepi, ar;d Sherburne CFSA offices. were #o be collocated by
October i, 1995 because cf the reorganization of USDA offices. Since
the number of AgrEcultural producers has declined in the tri-county
area with urban development these two offices were required to combine.
Our first offer tc rent space w.9; from the county for the previous
administration bldg, which dih not get accepted. Our other offer aas;'.:;,
with River Waod Developers in 3oplin Mall.. I worked ~rfth Barb DanCaster
to try and work out a lease agreement. River Wood stated they wanted :'
more of a retail 4usiness not an office.
Our office advertised again for rental space and had several offers..
The government re-;wires *.ha# we look at the cost to rent as a primary
factor along with the location to the Court Hovse, accessibility and,
other factors. CF5A offices are suppose to be located where the county;.
seat for the couni.y is located, Sherburne Cavnty was decided out of the
three counties because it has more producers than Anoka-Hennepin °~"
With this lacatio.~ all of our requirement would be me# and the move~to;
collocate could sill be completed by the end of 1995. '~:;`rj.
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~~15~35
o~~N~eSOTq District 3
Minnesota Department of Transportation
•' ~- ~'Q 3725 12th Stre.~t North
Post Office Box 370
Saint Cloud, F~linnesota 56302
aF zaPa Telephone: {6 i2) 255-4181
Fax: {612) 25>-3257
September 28, 1995
i•
Dennis Chuba & Richard Kincanon
19276 Vernon Street N.W.
Elk River, MN 55330
Re: CS. 7102, T.H. 10, M.~. 209+4355 Rt.
Entrance Permit Appli ration
r
F . ~3
The entrance permit applicat~:~n you submitted will be approved with inclusion of a
right turn lane to be construei~ed on the shoulder of T.H. 10. Turn lane construction
will be your responsibility an:~ sha11 be in accordance with the attached detail plates
and ~peciai provisions. A $x,500.00 bond or deposit is required in our office prior to
issuance of the permit. DepUSit instructions are attached.
MNDOT will provide an additional 20' of 18" c.m. culvert and 2 bands upon issuance
of the permit.
A drainage plan will also be required. The drainage plan should be provided ASAP to
allow time for review prior to issuance of the permit.
Sincerely,
~1~~-~
Roger Busch
Roadway Regulations Super ~;sor
R B\bv
Attachment{s)
c: Don Raisanen
Mello Lindberg
an Frnrat Onoortunifv E~~lptoyer