HomeMy WebLinkAboutCC Report -OP Amendment 9.6.16 TI IF CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 9/6/2016
REGULAR ITEM#: 15
MOTION
AGENDA ITEM: OP-Open Space Preservation Ordinance Amendment
SUBMITTED BY: Stephen Wensman,Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Ben Gozola, Consulting Senior Planner
SUMMARY AND ACTION REQUESTED:
On November 4, 2015, the City Council passed a motion, 3-1, to have the Planning Commission
consider amending the OP — Opens Space Preservation Ordinance. On November 9, 2015 the
Planning Commission met to discuss the proposed amendment. On January 5, 2016, the
Council discussed the Planning Commission's comments and gave direction to Staff in its
preparation of an ordinance amendment. Ben Gozola then prepared an ordinance which was
presented to and discussed by the Planning Commission on April 11, 2016 and May 10, 2016. A
public hearing was held on July 25, 2016 at the Planning Commission, after which the Planning
Commission recommended approval of the amendment on August 22, 2016.
Staff and the Planning Commission recommend the City Council approve Ordinance 08-152
and Resolution 2016-75 for summary publication of the ordinance.
HISTORY:
On November 4, 2015, the City Council briefly discussed several issues related to the OP—
Open Space Preservation District and requested that the Planning Commission discuss:
• Overall Purpose of the OP District— Review the overall purpose.
• Density— should density be increased?
• Density calculation — Should the density calculations be based buildable or gross land
area.
• Buffer zones —what buffer or buffers are appropriate (maintain 200' around RR, but
no buffers against adjacent OP's).
• Septic system options.
• Minimum lot size.
• Qualifying property size, i.e. 20 acres vs. 40 acre minimum.
• Lot Design.
On November 9, 2015, the Planning Commission recommended the following:
• No community septic systems.
• 1 acre minimum lot sizes.
City Council Meeting [Regular Agenda Item#15]
September 6, 2016
• Allow the 50% open space requirement to be based on gross acres, rather than
buildable acres.
• Remove lot design criteria (not enforceable).
• Density 18 units per 40 gross acres of buildable land.
• Buffer: supportive of waiving the buffer between OP developments, if potential for OP,
then 100' buffer, and potential for berms and trees to buffer in lieu of 100' buffer might
be acceptable.
• Remove 4/5th vote to waive requirements to allow more flexibility.
In addition to the Planning Commission comments, staff identified additional issues with the
ordinance amendment:
• Remove redundancies between OP Ord platting requirements and regular subdivision
platting requirements.
• Restructure OP Ordinance as a PUD with Overlay Zoning rather than a CUP process.
• Hardcover regulations may need to be updated, depending on the changes.
• Street minimum standards.
On January 5, 2016 City Council gave direction to Staff in preparation of the ordinance update.
Ben Gozola then prepared the ordinance which was presented to and discussed by the
Planning Commission on April 11, 2016 and May 10, 2016. A public hearing was held on July
25, 2016 at the Planning Commission, after which the Planning Commission recommended
approval of the amendment on August 22, 2016.
PLANNING COMMISSION/PUBLIC HEARING:
At the public hearing held on July 25, 2016, no public comments were received and no member
of the public spoke for or against the proposed ordinance. The Planning Commission discussed
the draft and made a few text changes, then requested Staff bring back a clean copy for
recommendation to the City Council at the next meeting.
SUMMARY AND ACTION REOUESTED:
Staff and the Planning Commission recommend: 1) approval of Ordinance 08-152 repealing the
existing open space development regulations within chapter 150, and adopting new open space
planned unit development regulations in chapter 154 that establishes of an OP — Open Space
Overlay District in addition to organizational/numbering changes throughout Chapter 154 to
accommodate the new ordinance; and 2) Approval of Resolution 2016-75 ordering the summary
publication of the OP —Open Space Ordinance update with the following recommended motion:
"Move to approve Ordinance 08-152 repealing the existing open space
development regulations within chapter 150, and adopting new open space
planned unit development regulations in chapter 154 that establishes of an OP-
Open Space Overlay District in addition to organizational/numbering changes
throughout Chapter 154 to accommodate the new ordinance, and Resolution
2016-75 ordering the summary publication of the ordinance"
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City Council Meeting [Regular Agenda Item#15]
September 6, 2016
ATTACHMENT(S):
• July 25, 2016 Planning Commission Minutes
• Planning Commission Packet - 8/22/16
• Ordinance 08-152 Updating the OP Regulations
• Resolution 2016-75 for Summary Publication of the Ordinance
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