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4 DOCSOPEN\LA515\117\949622.v2-4/26/24 requirements such as density, building height, or impervious surface could be requested. If needed, flexibility must be granted through the variance process. Planned Unit Development Flexibility Requests It is likely that the Applicant will require flexibility to City standards, the flexibilities that will ultimately be requested are not known at this time. It appears that the multifamily building parcels will be smaller than required by City Code. Shoreland Variances Flexibility to the City’s Shoreland Overlay requirements may only be granted through a variance review. The following variances to the City’s ordinance are anticipated with the concept layout currently on file: • Maximum Tiered Density – There are too many twinhome units within each of the three tiers. With a maximum density bonus of 20 percent applied to each tier, the proposed units exceed the maximum permitted by the Shoreland PUD ordinance. • Minimum Setback for Twin Home – Proposed twinhomes do not meet the minimum setback which is increased from 200 to 250 feet for PUDs with shoreland preservation. • Impervious Surface – Each platted lot within the shoreland district must be under 30 percent impervious. A majority of the twinhome lots do not appear to comply with this requirement. Next Steps if Approved: If approved, the Applicant will seek to initiate the EAW process with the project as currently shown in the proposed concept. If the environmental review is completed, and the project changes, the environmental review process may need to be repeated. Next Steps if Denied: The 2050 Comprehensive Plan will be due to the Metropolitan Council in December of 2028. The City will likely be evaluating development and development potential city wide as part of that update. It is possible the Comprehensive Plan land use or MUSA timeframe may be updated by the City by then. If no changes are made in 2028, the Applicant could come forward on January 1, 2030 to request the development to occur on the site. At which time, the City will make a determination if the site is ready to be developed and proper infrastructure readily available. If the City determines the project may be more desirable if modified, the Applicant could seek to change the project plans and reapply. FISCAL IMPACT: Approval of the Applicant’s requests has no fiscal impact to the City at this time. Subdivision entitlement review will be required along with a Development Agreement which will detail public improvements and address fiscal impacts. When developed, the property will have urban services and will require associated development fees. FINDINGS AND CONDITIONS: The decision to change or amend the Comprehensive Plan is a policy matter for the City. However, at this time, staff is recommending that the City deny this proposed Comprehensive Plan Amendment. The City Council has recently approved only two modifications to Map 3-7. One time for the North Star development, which had already received final plat approval. The other time that approval was granted was in order to allow the proposed Lake Elmo Elementary to move forward. In that case, the parcel the school was to be located was not in the MUSA, and the change brought it into the MUSA. Staff therefore propose the following findings: