HomeMy WebLinkAbout#18 - Comp Plan and Zoning Text Amendment Regarding Allowable DensitySTAFF REPORT
DATE: 12/5/17
REGULAR
ITEM #: 18
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Comprehensive Plan Amendment and Zoning Text Amendment Amending Open Space Preservation Language Regarding Density REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The Council considered a request by Landucci Homes, Inc. (Nathan Landucci) for a Comprehensive Plan
and Zoning Text Amendment amending language regarding allowable density within Open Space Preservation Planned Unit Developments at its meeting on November 7, 2017. The applicant had requested to table the item until he was available to attend the meeting.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider the request to amend language regarding allowable density within Open Space Preservation developments within the City.
PROPOSAL DETAILS/ANALYSIS:
The Staff Report from the November 7, 2017 Council meeting is attached for reference.
FISCAL IMPACT:
An increased number of lots may be created with the proposed amendments to the language within the Comprehensive Plan and Zoning Code, which could increase tax revenue but also increase need for
essential services.
RECOMMENDATION:
Staff and the Planning Commission recommend that Council adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment to amend language regarding density for Open Space
Preservation developments.
“Move to adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment
regarding density for Open Space Preservation developments.”
Staff and the Planning Commission recommend that the Council adopt Resolution 2017-124 denying the proposed Comprehensive Plan and Zoning Text amendment regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-124 denying the proposed Zoning Text Amendment regarding density for Open Space Preservation developments.”
ATTACHMENTS:
• 11/7/17 meeting packet (regarding subject request)
• Resolutions 2017-123 and 2017-124
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STAFF REPORT
DATE: 11/7/2017
REGULAR
ITEM #: 16
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Comprehensive Plan Amendment and Zoning Text Amendment Amending Open Space Preservation Language Regarding Density REVIEWED BY: Joan Ziertman, Planning Program Assistant Ben Prchal, City Planner
BACKGROUND: The City has received an application from Landucci Homes, Inc. (Nathan Landucci) for a Comprehensive Plan and Zoning Text Amendment amending language regarding allowable density within Open Space Preservation Planned Unit Developments. The current language in both the Comprehensive Plan and City’s Zoning Code indicates that densities in such developments are allowed up to 0.45 dwelling units per buildable acre or 18 units per 40 buildable acres. The Applicant is requesting that density be based on gross acreage.
ISSUE BEFORE COUNCIL: The Council is being asked to consider the request to amend language regarding allowable density within Open Space Preservation developments within the City. PROPOSAL DETAILS/ANALYSIS: COMPREHENSIVE PLAN AMENDMENT Reason for Request. The Applicant has indicated on the application that if Legends of Lake Elmo, which received Concept Plan approval by the City on March 2, 2016, was developed under the current Open Space Preservation Planned Unit Development ordinance and Comprehensive Plan language, it would be underutilized, underdeveloped and have a disproportionate amount of road, as the site has 17 acres out of 110 acres of land. The Applicant has also stated that wetlands are sought after for buffers, land preservation, privacy, animal and plant habitat and an overall attractive and diversified environment. The Applicant feels that the request “levels the playing field” between land that has no wetlands and land that
have some or no wetlands. The Applicant also demonstrates in the application that Legends of Lake Elmo, had it had no wetlands, would be able to develop 50 homes as opposed to 40 homes with no wetlands.
• Example 1: Land with no wetlands o Gross acreage: 110 acres o Buildable acreage: 110 acres o Wetland acreage: 0 acres
o Number of units allowed: 50 homes o Open space breakdown: 55 acre fields
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• Example 2: Legends of Lake Elmo o Gross acreage: 110 acres
o Buildable acreage: 93 acres
o Wetland acreage: 17 acres o Number of units allowed: 41 homes o Open space breakdown: 38 acre fields, 17 acres of wetlands History. The City’s Open Space Preservation Ordinance was adopted in 2001 and has undergone a
number of amendments, the most recent set of amendments adopted on October 4, 2016 after a number of both Planning Commission and City Council meetings. No amendment to the allowable density was proposed or made during this amendment, however, due to Comprehensive Plan language indicating that the allowable density in an Open Space Preservation development is 0.45 dwelling units per acre. One of the amendments that was adopted was that open space calculations were changed from 50% buildable area to 50% gross area.
Exact Language of the Comprehensive Plan. The exact language and proposed change to the Comprehensive Plan is below:
RURAL AREA DEVELOPMENT – This category represents the large areas of rural residential development
within the City. Common uses found in these areas include working farms, alternative agricultural uses
as defined by City Code, and rural single family detached residences. Development in these areas
requires 10+ acres, or a conditional use permit to authorize a cluster development meeting the City’s
Open Space Preservation regulations. Densities are allowed up to 0.45 dwelling units per buildable acre,
based on gross acreage, when planned as part of an Open Space Preservation development. No new
areas of rural area development are being established by the official land use plan. [Corresponding
Zoning District(s): A, RR, OP]
Preserved Open Space. The Minnesota Land Trust holds conservation easements to protect a variety of lands and focuses its efforts on relatively undisturbed natural habitat, the shoreline of lakes, rivers and streams, and scenic landscapes, particularly those with local significance. The Applicant has submitted a Concept Plan for an Open Space Development within the City with open space which the Minnesota Land Trust has communicated would not be interested in holding. This is not necessarily directly related to the requested Comprehensive Plan and Zoning Text Amendments, however, it may be important to note that the Comprehensive Plan Advisory Panel has previously discussed that if the City holds a conservation
easement (which it is allowed to do under the OP ordinance), that due to the City’s conservative amount of Staff, that Homeowners’ Associations could possibly aid in enforcement of the conservation easement. An increase in the number of homes allowed within an OP development may increase the chances for violations of the conservation easement. Net Density. Density is usually calculated as net density. The Metropolitan Council calculates density
using net density when calculating density required for sewered areas. By their standards, the following can be netted out from gross acres when calculating density: wetlands and water bodies, public parks and open space, arterial road rights-of-way, and other areas protected from development by local ordinance. While open space preservation developments are not sewered and are not subject to these stipulations, the City should consistently calculate density, and calculating wetlands in the allowed density would create possible inconsistency. Metropolitan Council Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area. The Metropolitan Council planning strategies for Diversified Rural Areas calls for communities in those areas to have land use plans that “accommodate growth not to exceed forecasts and clustered development not to exceed 1 unit per 10 acres.” The Council recognizes that communities have ordinances that allows for densities that will severely limit the ability of some communities to achieve (in
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the future) the minimum density of at least three units per net developable residential acre that is
necessary for future cost-effective and efficient regional wastewater treatment services. The Council does recognize, however, that there are areas of the community that may not be suitable for
future urbanization as the capability of the land to support development is low and constrained and has developed guidelines for these developments. One of the guidelines is that the ordinance should define lands that are considered buildable, as these lands are considered the most suitable for development.
Removing lands that are restricted due to federal and state regulations, as well as any features that the local government has defined for protection or conservation, will allow the community to preserve sensitive natural features and to ensure the availability of land to accommodate future development. Without specifying types of lands that are required for future development, many communities have inadvertently encouraged large lot development in which private lots often consume most of the developable land and leave little remaining developable acreage. The guidelines generally discourage future development of rural residential patterns (unsewered lots of 2.5 acres or less). As previously mentioned, the Open Space Preservation ordinance was already amended so that 50% of the gross acreage of an Open Space Development can be preserved as opposed to 50% of the buildable area, which already goes against these guidelines. Therefore, requesting any further density change within rural areas may not be amenable to these guidelines.
Comprehensive Plan Update. It should be considered that the City is undergoing a required Comprehensive Plan update. A number of changes may be made to the overall vision of the City. One of
these changes that has been mentioned a number of times in the past is allowing 2.5 acre parcels in Rural Residential and Agricultural zoning districts, which at this time require a maximum density of one unit per 10 acres and one unit per 40 acres, respectively. Additionally, this change would affect a number of
properties, as shown in the attached map that outlines properties that are over 20 acres in size and are zoned Agricultural, Rural Residential, or Residential Estates and are therefore eligible to develop through the Open Space Preservation Planned Unit Development Ordinance. The ordinance would affect up to 58 parcels and approximately 6,062 acres of property within the City. Assuming 15% of this acreage were wetlands, assuming an allowed density of 0.45 units per acre, the amount of units that could increase based on gross vs. buildable would be as follows:
Gross Acreage 6,062 acres
Wetland Acreage 909 acres
Buildable Acreage 5,153 acres
Number of Units Based on Buildable Acreage 2,318 units Number of Units Based on Gross Acreage 2,723 units Therefore, the number of units that could potentially increase with this change (assuming 15%
unbuildable land; this has not been verified) would be 405 units, totalling 2,723 units that could be added through Open Space Preservation developments throughout the City. As per the City’s 2015 systems statement, the City is only projected to increase its number of unsewered households by 3,379 by the year
2040.
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Adjacent Cities Review. The Metropolitan Council advised that Staff send out adjacent review to cities directly abutting potentially affected parcels. Stillwater Township and Baytown Township responded that they see have no comments about the proposed change and that the Open Space Development ordinances in those two townships have both used gross acres to calculate densities. Increased Traffic and Other Standards of the OP Ordinance. The potential increase in homes could lead to a significant increase in traffic counts. Currently, the City is undergoing a study for potential options
for Highway 36, and this increase has not been factored in. Additionally, with all of the other standards of the OP Ordinance including but not limited to: minimum lot size requirement (one acre lots for those being served by individual septic systems and half acre lots for those being served by community septic systems);
required buffers from adjacent lands; required setbacks from waterbodies and non-buildable land; setbacks; placement of streets; open space requirements; etc. will still need to be met unless approved by a 4/5 (super-majority) vote.
Comprehensive Plan Advisory Panel. The Comprehensive Plan Advisory Panel held a meeting in July of 2017 discussing Rural Residential trends. During this meeting, a brief discussion was held regarding density in open space developments. During this discussion, there was no substantial conclusion to this, but there was desire by the group to allow this. As such, the Applicant is requesting the amendment now in order to bring focus to the issue and not have to wait until the Comprehensive Plan is officially adopted and approved by the Metropolitan Council. Because of the potentially significant impact on the City’s population and the substantial number of parcels and acreage within the City that the proposed amendments would affect, Staff would recommend that the Planning Commission table the request and request direct input from the Comprehensive Plan Advisory Panel on this proposed change. Ultimately, the Planning Commission may wish to recommend denial provided the issue may be best considered within the context
of all land use changes currently under consideration. The next Comprehensive Plan Advisory Panel meets on October 25, 2017, and this item can be discussed briefly at this meeting.
ZONING TEXT AMENDMENT Consistency with the Comprehensive Plan. If the Council denies the proposed Comprehensive Plan Amendment, they should also deny the Zoning Text Amendment. If the Council wishes to approve the proposed Comprehensive Plan Amendment, the proposed Zoning Text Amendment should be reviewed for consistency with the Comprehensive Plan and current Open Space Preservation Planned Unit Development Ordinance. Consistency with the Comprehensive Plan. If the Comprehensive Plan Amendment is approved, the proposed Zoning Text Amendment to Section 154.657: Open Space PUD Design, Section (A) would be as follows:
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A. Density The maximum dwelling unit density within an open space planned unit development shall be 18 units per 40 gross acres of buildable land on the undeveloped parcel; however, the total number of dwelling units shall not exceed the density limitations contained in the
Comprehensive Plan for Opens Space Preservation Development. Provided the Comprehensive Plan Amendment is approved, this would be consistent with the density of 0.45 units per acreage based on gross acreage.
Intent of the Open Space Planned Unit Development Ordinance. The intent of the Open Space Planned Unit Developments is as follows. The Planning Commission should specifically consider whether increasing the allowable density to 0.45 units per acre of the developments gross acreage as
opposed to buildable acreage would alter the intent of this ordinance or of the Comprehensive Plan. Also included below are responses to how the proposed change would affect the intent of the ordinance: A. A variety of lot configurations and housing styles that may or may not otherwise exist within the
City’s rural areas;
• Staff Comment: An increased number of units would likely have no effect on this intent.
B. An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
• Staff Comment: The allowed density (provided the area had wetlands) would be increased
by the proposed amendment. The proposed amendment would make no difference to
properties that have acreage that is not buildable.
C. A reduction in the costs to construct and maintain public facilities and infrastructure in a rural
setting;
• Staff Comment: Allowing density to be based on gross acreage would increase the
number of homes allowed within a development that had unbuildable acreage and
therefore would reduce costs for a developer.
D. Protected open space to enhance and preserve the natural character of the community;
• Staff Comment: The applicant is not proposing to change the amount of preservation of
the open space within a development.
E. The creation of distinct neighborhoods that are interconnected within rural areas
• Staff Comment: The proposed amendment would likely not have an effect on
interconnectivity.
F. To preserve large continuous open spaces.
• Staff Comment: The applicant is not proposing to reduce the amount of open space. The
amendment to the Open Space Planned Unit Development ordinance back in 2016
amended the required amount of open space, allowing the open space to be calculated by
gross acreage rather than buildable acreage.
Planning Commission Review. The Planning Commission held a public hearing and reviewed the
proposed Comprehensive Plan Amendment and Zoning Text Amendment on October 23, 2017. The
Planning Commission had the following findings in regards to the proposal:
1. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
2. The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by
limiting allowed density to buildable acres.
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3.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
There was also concern about management of open space within an OP Development that was discussed
earlier in this report. The Planning Commission felt it necessary that the City needs to be better prepared
to manage open space easements when the Minnesota Land Trust will not accept them.
Based on the above findings, the Planning Commission recommended denial of the proposed
Comprehensive Plan and Zoning Text Amendments regarding density within Open Space Preservation
developments
FISCAL IMPACT:
An increased number of lots may be created with the proposed amendments to the language within the Comprehensive Plan and Zoning Code, which could increase tax revenue but also increase need for essential services.
RECOMMENDATION:
Staff and the Planning Commission recommend that Council adopt Resolution denying the proposed Comprehensive Plan Amendment to amend language regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-123 denying the proposed Comprehensive Plan Amendment regarding density for Open Space Preservation developments.”
Staff and the Planning Commission recommend that the Council adopt Resolution 2017- denying the
proposed Comprehensive Plan and Zoning Text amendment regarding density for Open Space Preservation developments.
“Move to adopt Resolution 2017-124 denying the proposed Zoning Text Amendment regarding density for Open Space Preservation developments.”
ATTACHMENTS:
•Comprehensive Plan and Zoning Text Amendment application and Narrative
•Map showing properties that are of 20 acres or more and zoned Rural Residential, ResidentialEstates and Agricultural (properties eligible to be developed as and Open Space Preservation
Planned Unit Development)
•Resolution 2017-123 denying proposed Comprehensive Plan Amendment regarding Open SpacePreservation development density
•Resolution 2017-124 denying proposed Zoning Text Amendment regarding Open Space Preservationdevelopment density
Properties Zoned A, RR or RE & 20+ Acres
KZoned A, RR, and RE 20+ acresWater Bodies/WetlandsData Source: Washington County, MN
10.11.17
City Council Resolution 2017-123
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-123
A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE
LANGUAGE REGARDING ALLOWED OPEN SPACE PRESERVATION DEVELOPMENT
DENSITY
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and
WHEREAS, Landucci Homes, Inc., 13230 20th Street Court North, Stillwater, MN 55082
(the “Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a
copy of which is on file in the City Planning Department; and
WHEREAS, the Applicant has requested to amend language regarding allowable density within Open Space Preservation developments to be based on gross acreage rather than buildable.
WHEREAS, the Planning Commission held a public hearing on October 23, 2017 to consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City
Council on the Applicant’s requests based on a number of findings; and
WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meeting on November 7, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is not consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS.
1.That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2. That the request is to amend the Comprehensive Land Use Plan:
a.On page III-8, updating language regarding densities within Open Space Preservation to
be based on gross rather than buildable acreage.
City Council Resolution 2017-123
3. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
4.The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by limiting
allowed density to buildable acres.
5.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Landucci Homes, Inc. to amend the City of Lake Elmo
Comprehensive Plan by amending language regarding allowable densities within Open Space
Preservation developments.
Passed and duly adopted this 5th day of December 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
City Council Resolution 2017-124
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-124
A RESOLUTION DENYING A ZONING TEXT AMENDMENT TO AMEND THE CITY’S OPEN
SPACE PLANNED UNIT DEVELOPMENT ORDINANCE BY AMENDING LANGUAGE
REGARDING ALLOWABLE DENSITY
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Landucci Homes, Inc., 13230 20th Street Court North, Stillwater, MN 55082 (the “Applicant”) has submitted an application to the City to amend the City’s Zoning Code, a
copy of which is on file in the City Planning Department; and
WHEREAS, the Applicant has requested to amend language regarding allowable density within Open Space Preservation developments to be based on gross acreage rather than buildable.
WHEREAS, the Planning Commission held a public hearing on October 23, 2017 to
consider the Applicant’s requests; and
WHEREAS, the Planning Commission adopted a motion to recommend denial to the City Council on the Applicant’s requests based on a number of findings; and
WHEREAS, the City Council reviewed the Planning Commission and public comments regarding the Applicant’s requests at its meeting on November 7, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and
believes that it is not consistent with the spirit and intent of the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings of fact:
FINDINGS.
1.That the Applicant has submitted a request to amend the City’s Zoning Code in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2.That the request is to amend the Zoning Code:
a.Section 154.657 (A): Open Space PUD Design, Density by amending language regarding
allowable density from buildable acreage to gross acreage.
3. The proposed density calculation is not consistent with that of the City (density within
sewered developments is calculated using net density whereas the proposed amendment
calculates density using gross density).
City Council Resolution 2017-124
4.The current language regarding density within the Comprehensive Plan Open Space
Preservation Planned Unit development ordinance helps protect natural resources by limiting
allowed density to buildable acres.
5.A lower density within Open Space Preservation developments minimizes risk for septic
systems to fail and thereby minimizes the need to connect to City sewer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Landucci Homes, Inc. to amend the City of Lake Elmo Comprehensive Plan by amending language regarding allowable densities within Open Space Preservation developments.
Passed and duly adopted this 5th day of December 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________ Julie Johnson, City Clerk