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January 3, 2006 CCP
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January 3, 2006 CCP
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Issues in Dispute #1/#2 <br />The issues of PIanning Area designation (tent and Map W-7 of the System Statement) are <br />directly related. The W-7 Map issue extends beyond simple Planning Area designation to <br />the geographic extent. , <br />Page 2, Paragraphs 3 and 4 of the Lake Elmo System Statement (under the heading <br />"Geographic planning area") states that Lake Elmo is partially designated "developing <br />community" and partially as ."diversified rural". The City does not dispute designation of <br />a portion of the City (if, geographically, the correct portion) as "developing community". <br />The City does, however, dispute the System Statement text and Map W-7 designation of <br />the balance of the community as "diversified rural", and requests that area be instead <br />designated "rural residential" based on the following: <br />I. A "Community Role" listed in the Development Framework for "Diversified <br />Rural" planning areas is "Accommodate growth not to exceed forecasts at <br />clustered development not to exceed 1 unit per 10 acres.'* The majority of the <br />existing residential development in geographic areas of the City that will not <br />designated "Developing Community" is at a residential density in excess of I unit <br />per 10 acres; and new residential development over the past 10 years and into the <br />future in those geographic areas responsive to the City's innovative conservation <br />development ordinance ranges 3-4.5 units per 10 acres. <br />2. The MOU specifically states that "The City will determine the types of housing <br />and businesses to be developed...". The only exception to this statement in the <br />MOU is that regionally sewered housing (within the "Developing Community" <br />portion of the City) must be developed at not less than an average of 3 dwelling <br />units per'acre. The concept of "urban reserve" implied by the 1 unit per 10 acre <br />specification of the diversified rural planning area designation was mutually <br />understood by the parties to the MOU to not be applicable to the geographic areas <br />of Lake Elmo not within the developing community designation. <br />3. The initial sentence under the heading "Rural Area: Rural Residential Areas" <br />found on Page 25 of the 2030 Development Framework clearly best describes the <br />portion of Lake Elmo not designated "Developing Community": <br />"Rural Residential Areas are immediately adjacent to Developing Areas and <br />have large numbers of individual sewage treatment systems at densities of 2.5 <br />acres or less." Over 6 lineal miles of Developing Community designation will <br />border areas of Lake Elmo not so designated by the City's pending <br />Comprehensive Plan. Within those non -Developing Community areas of the City <br />there are nearly 2,000 individual sewage treatment systems, many at densities of <br />2.5 acres or less. <br />Map W-7 of the Lake Elmo System Statement also designates a portion of the City <br />Diversified Rural,. which the City contends should be instead designated Rural <br />Residential for the reasons cited above. In addition, the geographic area of Lake Elmo <br />designated Developing Community does not correspond with the terms of the MOU and <br />the 2030 Water Resources System Plan as follows: <br />
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