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HomeMy WebLinkAbout2003-001 Council OrdinancesCITY OF LINO LAKES ORDINANCE NO. 01-03 ORDINANCE CREATING A GROWTH MANAGEMENT POLICY The City Council of Lino Lakes hereby ordains: Section 1 Findings The Lino Lakes City Council makes the following findings: 1. The City of Lino Lakes adopted a comprehensive plan that includes goals and policies to guide planning and the growth of the city. 2. Managing growth through the orderly provision of infrastructure and other means promotes the goals and policies of the comprehensive plan. It is in the best interests of the public to create rational, cost effective means of managing growth so that it will be orderly, efficient, and environmentally sound. 3. Unplanned growth does not meet community needs and is injurious to the public health, safety, and welfare. Inadequately planned growth has created and may create or aggravate negative conditions such as: a. overburdened public facilities b. underutilized public facilities resulting in wasteful investment of public resources c. an inadequate variety of housing choices that does not meet community needs d. environmentally detrimental development projects and patterns 4. The comprehensive plan establishes future land uses, staged growth areas, growth goals, and a Metropolitan Urban Service Area (MUSA) reserve for the city. 5. The Stage 1 growth area is the geographic limit for growth prior to year 2010. The Stage 2 area is for growth from 2010 to 2020. 6. The MUSA reserve obtained with the comprehensive plan includes 359 acres for Stage 1, and 909 acres for Stage 2. The MUSA reserve also includes a balance of 15.7 acres designated for residential use left over from the 1995 MUSA reserve. The total Stage 1 MUSA reserve therefore is 374.7 acres. 7. There is undeveloped land within the existing MUSA. 8. A growth management policy is necessary, in addition to official controls such as the zoning and subdivision ordinances, to implement the comprehensive plan and promote the public health, safety, and welfare. 9. The comprehensive plan designates the area in the southeast quadrant of the I- 35W/Lake Drive interchange as "The Village." The intent of the Village is to create a focus for community and civic identity through the integration of a mix of land uses. In doing so, the Village will provide for intense land use, for compact and efficient development, and increase the range of housing opportunities. The Village has received funding under the Livable Communities program, established by MN Statute 473.25 — 473.255, because of its intent to fulfill numerous goals of that program. Section 2 Growth Management Policy The Lino Lakes City Council hereby establishes a growth management policy with the following provisions: 1. Promoting development within the existing MUSA is preferable to expanding the developing area of the City by granting MUSA reserve acres. This preference is intended to promote the cost-effective use of public investment by maximizing the utilization of existing infrastructure. 2. New growth prior to year 2010 shall occur only in a Stage 1 growth area. However, a Stage 1 growth area does not grant rights to MUSA reserve acres and development approval. 3. Premature development shall not be allowed. This applies to all development proposals, inside the existing MUSA as well as those needing MUSA reserve. The development is premature if it does not meet the conditions established in Section 1002-6 of the Subdivision Ordinance (Chapter 1000 of the City Code). 4. The 374.7 acres of MUSA reserve for Stage 1 (pre -2010) shall be designated for new residential, commercial and industrial development as follows and as shown in Attachment A: a. Residential: A total of 300.7 MUSA reserve acres is designated for residential development. The annual target is to allocate no more than 36 acres annually in the years 2003 through 2009. While this is the target, it is an annual average. At the discretion of the City Council, the MUSA reserve acres allocated for any one year may vary by 20% over or below the target. Exceeding the MUSA reserve target will necessitate reducing MUSA allocation for future years. b. Commercial/Industrial: A total of 74 MUSA reserve acres is designated for C/I development. These C/I MUSA acres can be granted at any time prior to year 2010. There is no annual limit for CII MUSA. 5. The goal is to limit new growth in the city to an average of 147 new housing units per year: 1029 units in the seven years including 2003-2009, inclusive. This includes all residential growth: both within the existing MUSA and in areas that would need MUSA reserve. While this is the target, it is an annual average. At the discretion of the City Council, the number of lots approved for any one year may vary by 20% over or below the target. Exceeding the new growth target will necessitate reducing the number of lots available for future years. This 147 growth target refers to units in future plats, not to units on lots in final plats approved prior to 2003. 6. No single development project should be awarded an entire year's number of new housing units. This requirement is intended to: a. avoid or minimize potential monopoly price effects b. promote timely development: one project often will not be able to build all 147 in one year c. promote housing diversity d. avoid inefficient concentration of infrastructure expansion that could impede financial return on investments elsewhere in the city e. distribute and minimize potential negative impacts of development f. promote fairness by distributing growth among several projects while observing the goal for new growth 7. An amendment of the comprehensive plan shall be required if, in order to accommodate a specific development project, the annual target for new growth (units/year) or residential MUSA reserve allocation (acres/year) would be exceeded by more than 20%. The City Council shall consider such an amendment only if the specific development project will promote a clearly identified public purpose. The public purpose may include but is not limited to: a) provision of housing unit variety that contributes toward meeting housing goals, such as medium density, high-density, and mixed-use developments in locations designated for them in the comprehensive plan b) provision of infrastructure that will provide benefits beyond the project site, in accordance with City transportation, sewer, or water plans, that is not financially feasible without exceeding the target c) preservation of environmental features that would not occur without exceeding the target d) provision of economic benefits to the City that would not occur without exceeding the target 8. Use of Stage 2 MUSA reserve acres prior to year 2010 shall require amendment of the comprehensive plan. 9. All preliminary plats and residential development greater than 50 lots/units must have, as condition of approval, a phasing plan that establishes: a. a schedule for final platting a specified number of lots/units on an annual basis b. specifies the location of and number of lots/units in each phase (final plat). 10. The target for the maximum number of lots in each phase is 50. 11. The City will maintain an inventory of approved phasing plans indicating the number of units/lots scheduled for final plat approval in future years. 12. The City will not approve a new project's preliminary plat if, according to the phasing plan inventory (final platting schedule), a new project could not final plat its first phase within one year of preliminary plat approval without exceeding the .MUSA or new growth goals. 13. An approved phasing plan is a commitment by the City to approve final plats and grant MUSA reserve acres according to the phasing plan. MUSA reserve is actually granted at the same time as final plat approval. The phasing plan does not in any way eliminate the requirements of the subdivision ordinance, zoning ordinance, and other official controls, as may be amended. 14. MUSA reserve acreage to be granted shall be the acres of buildable area only. - 15. Allocating or granting MUSA reserve within the Stage 1 growth area in accordance with a phasing plan for the project is an action that implements the comprehensive plan: it is not an amendment of the comprehensive plan. Allocating MUSA reserve shall require the same majority vote by the City Council as is required for a rezoning. 16. This growth management policy shall not apply to the area of "The Village," in the southeast quadrant of the I-35W/Lake Drive interchange. 17. The City shall review this growth management policy on an annual basis. 18. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this Ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. If any court of competent jurisdiction shall judge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect other properties, buildings or structures. This ordinance shall be in force and effect upon its adoption and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 2 7 day of � , 2003 P ATTEST: a7L. Ann Blair, City Clerk ?Poi John J. Bergeson, Mayor ATTACHMENT A CITY OF LINO LAKES GROWTH MANAGEMENT POLICY The following tables describe how the annual MUSA reserve target was derived and indicate the result for year 2003. MUSA reserve need, as calulated for the comprehensive plan unmet demand existing need residential 635 350 285 commercial/industrial 274 200 74 909 550 359 residential MUSA reserve total acres resid. C/I remaining balance pre -2002 new for Stage 1 15.7 15.7 359.0 285.0 74.0 total Clearwater Creek 5th Addn Stoneybrook Stoneybrook 2002 Stoneybrook 2003 balance 374.7 300.7 74.0 20.8 -20.8 54.7 27.0 -27.0 27.7 annual residential MUSA (2003 to 2009 is 7 years) 252.9 74.0 36.1 2003 allocation Stoneybrook 2003 36.1 -27.7 available for 2003 8.4