HomeMy WebLinkAbout#09 OP-ALT RepealSTAFF REPORT
DATE: FEBRUARY 21, 2017
CONSENT
ITEM #:
TO: City Council
FROM: Emily Becker, Planner
AGENDA ITEM: OP-ALT Zoning District Repeal
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City repealed the RAD-ALT Land Use Category in 2014, but the corresponding zoning district, OP-2
Open Space District, was not repealed and therefore still exists within the Zoning Code.
ISSUE BEFORE THE COUNCIL:
The Council is being asked to adopt an ordinance repealing OP-ALT District from the Zoning Code.
ANALYSIS:
The OP-ALT District is no longer required, as there currently are no properties zoned or guided for this
land use.
Planning Commission and Public Hearing
A public hearing was held at the Planning Commission meeting on February 13, 2017. No one from the
public hearing spoke during this meeting, and no comments were received prior to the meeting. The
Planning Commission recommended approval of repealing this Section of the Zoning Code with an
affirmative vote of 6-0.
RECOMMENDATION:
Staff and the Planning Commission recommend the Council, as part of tonight’s consent agenda, adopt
Ord. 08-169 repealing Section 154.700 – OP-ALT District from the Zoning Code. If removed from the
consent agenda, the ordinance may be adopted with the following motion:
“Move to adopt Ord. 08-169, approving the repeal of Section 154.700 – OP-ALT District from
the Zoning Code.”
ATTACHMENTS:
1. Draft Ordinance 08-169
2. Section 154.700
3. Planning Commission Report 2-13-2017
PUBLIC HEARING ITEM 4c
STAFF REPORT
DATE: FEBRUARY 13, 2017
PUBLIC HEARING
ITEM #: 4C (CASE #2017-04)
MOTION
TO: Planning Commission
FROM: Emily Becker, Planner
AGENDA ITEM: OP-ALT Zoning District Repeal
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
RAD-ALT Land Use Category Created. In 2010, the City adopted a new Comprehensive Plan Land
Use Category called Rural Area Development – Alternate (RAD-ALT). This land use category:
Allowed Open Space Preservation development of up to two (2) dwelling units per buildable
acre.
Permitted uses included single family residences, townhouses, and multi-family housing for
seniors.
Corresponding District Created. A new district was also created called OP-2 Open Space Preservation
Overlay District to the City Code.
RAD-ALT Land Use Category Repealed. In 2014, the RAD-ALT Land Use designation was repealed
and all areas previously guided for this Land Use designation were re-guided to RAD-Rural Area
Development.
Corresponding District Still Exists. OP-2 Open Space District still exists within the Zoning Code, as
there has been no ordinance adopted that repealed it.
ISSUE BEFORE THE COMMISSION:
The Planning Commission is being asked to hold a public hearing and make recommendation on
repealing Article XV – OP-ALT District from the Zoning Code.
ANALYSIS:
No Corresponding Land Use Category. The Land Use Category to which the OP-2 zoning district
corresponds no longer exists.
Density. The Comprehensive Plan clearly states that Open Space development shall occur at a density of
up to 0.45 units per buildable acre, yet the OP-ALT district states that density of up to 2 units per acre is
allowed.
Permitted Uses. The OP-ALT district allows all uses permitted within the OP district and also includes
senior housing, farm schools for small children, and townhouses (up to 50% of development).
General Regulations and Requirements. The OP-ALT district states that all general regulations and
requirements of the OP district must be met.
Development Standards.
2
PUBLIC HEARING ITEM 4c – ACTION ITEM
Must be developed as a Planned Unit Development (PUD).
Minimum acreage for development is 20 acres.
60% of open space must be in contiguous parcels of 5 acres.
Buffers from Abutting Property Lines: 100 feet for structures and 50 feet for driving surface.
Most setback standards are the same as OP standards except for:
o Sideyard setbacks are 10 feet (OP is 15 feet).
o Corner Lot Front Yard setbacks are 20 feet for senior housing (OP is 30 feet).
RECOMMENDATION:
Staff is recommending the Planning Commission recommend approval of repealing Article XV – OP-
ALT District from the Zoning Code:
“Move to recommend approval of repealing Article XV – OP-ALT District from the Zoning
Code.”
ATTACHMENTS:
1. Draft Ordinance 08-__
2. 2014 Comprehensive Plan Amendment Removing OP-ALT
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Open the Opportunity for Public to Speak .................................................. Chair
- Close the Opportunity for Public to Speak ................................................. Chair
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
Planning Commission Draft 2/13/17
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-____
AN ORDINANCE TO REPEAL SECTION 154.700 – OP-ALT DISTRICT FROM THE
ZONING CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; by repealing Section 154.700: OP-2- Open Space Preservation
Overlay District.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Article IX: Rural Districts; Table 9-1: Permitted and Conditional Uses,
Rural Districts by repealing Op-Alt Development as a Conditional Use within the
Rural Districts.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-______ was adopted on this ___ day
of ____________ 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
Planning Commission Draft 2/13/17
2
This Ordinance 08-___ was published on the ____ day of ___________________, 2017.
Lake Elmo Comprehensive Plan Chapter III – Land Use Plan
This section of the Land Use chapter establishes the City’s official land use categories and the official
Future Land Use Map. The map assigns planned land use types to all parcels within the community to
guide current and future planning and development through the year 2030, and is the official land use
designation map for the City. The assigned land use designations are intended to shape the character,
type and density of future development according to sound planning principles. Any new development,
redevelopment, change in land use or change in zoning is required to be consistent with the official land
use guidance for each parcel.
The official land use plan categories are as follows:
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
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]
RURAL AREA DEVELOPMENT – ALTERNATE DENSITY – This land use category represents a subset of
land guided for Rural Area Development and provides for an increase in the densities allowed through
an Open Space Preservation development of up to 2.0 dwelling units per buildable acre. Further
increases in the base density may be allowed through a Planned Unit Development through incentives
for density bonuses that are permitted as part of a PUD and that maintain the open space character of a
development. In addition to single-family residences and townhouses, multi-family housing for seniors
is permitted in this district. [Corresponding Zoning District(s): A, RR, OP-2]
RESIDENTIAL ESTATE – This category defines areas developed specifically for large lot single family
detached housing typically on 2+ acres of land. No new areas of residential estate are being established
by the official land use plan. [Corresponding Zoning District(s): RE]
RURAL SINGLE FAMILY – This category defines a large portion of the City that was historically platted for
conventional subdivision prior to 2005, but has been and will continue to be serviced by private on-site
well and septic systems. Limited locations within this classification are allowed to have two-family
dwellings based on zoning. [Corresponding Zoning District(s): R-1, R-2]
URBAN LOW DENSITY – The Urban Low Density land use category is intended primarily for single-family
detached housing serviced by public sewer and water. This category allows net residential densities
from two and one-half (2.5) to four (4) units per acre. Significant new areas of urban low density are
guided both within the Old Village and along I-94. [Corresponding Zoning District: LDR]
URBAN MEDIUM DENSITY – The Urban Medium Density land use category allows net residential
densities from four and one-half (4.5) to seven (7) units per acre; with greater densities only allowed if
deemed appropriate and approved through the PUD process and that meet incentives for density bonus
III – 8
Lake Elmo Comprehensive Plan Chapter III – Land Use Plan
Table 3-B
Existing and Planned Land Use Table
Land Use
Residential
Density
(units/acre)
Existing Land
Use (acres)
Planned
Land
Use
(acres)
Planned Land Use Changes
(anticipated acreages in
5 year increments)3
Change
(acres) Min Max City wide
(Village)1
2012 to
2015
2015 to
2020
2020 to
2025
2025 to
2030
RESIDENTIAL
Rural Area
Development n/a 0.1 7094.24 5157.6253
13.24
6610.08
6648.99
6125.92
6203.74
5641.76
5758.49
5157.62
5313.24
-1936.62-
1781
Rural Area
Dev. ALT n/a 2.0 0.00 155.62 38.91 77.81 116.72 155.62 155.62
Residential
Estates 0.1 0.4 771.26 793.71 776.87 782.49 788.10 793.71 22.45
Rural Single
Family 0.66 2.0 1665.92 1666.41 1666.04 1666.16 1666.28 1666.41 0.49
Urban Low
Density 2.5 4 0.00 496.39 124.10 248.20 372.29 496.39 496.39
Urban Medium
Density 4.5 7 176.08 390.49 229.68 283.29 336.89 390.49 214.41
Urban High
Density 7.5 15 0.00 157.67 39.42 78.84 118.25 157.67 157.67
Village Urban
Low Density 1.5 2.5 0.00 216.20 54.05 108.10 162.15 216.20 216.20
Village Urban
Medium
Density
3.0 4.0 0.00 113.70 28.43 56.85 85.28 113.70 113.70
COMMERCIAL2
Business Park 7.5 15 120.65 329.69 172.91 225.17 277.43 329.69 209.04
Commercial 4.5 7 99.86 208.33 126.98 154.10 181.22 208.33 108.47
Limited
Business – – 111.41 66.16 100.09 88.78 77.47 66.16 -45.25
Village Mixed
Use 6.0 10.0 0.00 164.40 41.10 82.20 123.30 164.40 164.40
PUBLIC/SEMI PUBLIC/OPEN SPACE3
Public/Park – – 3298.94 3352.24 3312.27 3325.59 3338.92 3352.24 53.3
Greenbelt
Corridor4 – – 0.00 82.67 20.66 41.34 62.01 82.67 82.67
Road ROWs – – 890.93 890.93 890.93 890.93 890.93 890.93 0.0
UNDEVELOPED
Open Water – – 1355.29 1355.29 1355.29 1355.29 1355.29 1355.29 0.0
TOTALS: – – 15,584.58 15,584.58 15,584.55 15,584.55 15,584.55 15,584.55 0.0
1 Residential uses within the “Business Park” and “Commercial” land use designations can only occur in areas specifically designated
for mixed use on the planned land use map
2 It is recognized that both park and road ROW areas will expand as new development occurs, but such acreage is accounted for in the
respective development land use types as such land areas must contribute towards required development densities.
3 The staging plan for future development is fluid and will allow development to occur as market conditions dictate. Because of this,
specific timing for development of any specific land use category is not possible. For the purposes of this table, the anticipated acreage
changes are incrementally broken down into four periods of time showing a consistent rate of change between now and 2030.
4 The acreage of the greenbelt corridor areas, which are portions of the Village Open Space Overlay, that are adjacent to urban zoning
districts were calculated to account for the remaining acreage in the Village. The other portions of the Village Open Space Overlay are
accounted for through the base land use guidance (i.e. Rural Area Development or Rural Single Family).
III – 11
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2014-109
RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO
COMPREHENSIVE PLAN
WHEREAS, the City of Lake Elmo 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, The City Council of the City of Lake Elmo (“City”) has directed the Lake
Elmo Planning Commission to consider an amendment the Lake Elmo Comprehensive Plan that
would change the future land use designation of property located at 9434 Stillwater Boulevard
North from RAD-ALT to RAD, a description of which is on file in the Community Development
Department; and
WHEREAS, the City previously amended the Comprehensive Plan for the subject property
on June 1, 2010 to allow for an increase in density on the site in conjunction with a proposed
development that is no longer valid; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on January 13,
2014 to consider said Comprehensive Plan amendment; and
WHEREAS, on January 13, 2014 the Lake Elmo Planning Commission adopted a motion to
recommend that the City Council approve said Comprehensive Plan amendment; and
WHEREAS, the City Council reviewed the recommendation of the Planning Commission
and the proposed amendment to the Comprehensive Plan at a meeting on January 21, 2014; and.
NOW, THEREFORE, based upon the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the Planning Commission has reviewed said Comprehensive Plan Amendment in
accordance with the procedures as established by the Lake Elmo Planning Department and
Lake Elmo Planning Commission.
2) That the Planning Commission conducted a public hearing on January 13, 2014 consistent
with these procedures.
3) That the proposed amendment is to is to revise the Future Land Use Map (Map 3-3 in
Chapter III – Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically
change the future land use designation a parcel of land commonly known as 9434 Stillwater
Boulevard North (PID 15.029.21.31.0001) from RAD-ALT Rural Area Development
Alternate Density to RAD Rural Area Development.
4) That the Comprehensive Plan Amendment will apply to property legally described in the
attached Exhibit “A”.
5) That there have been no changes in circumstances since the Land Use Section of the
Comprehensive Plan was updated in 2006 that warrant revisions to increase or transfer
density to the subject site.
6) That higher density residential development is encouraged in areas that will be served by
public sanitary sewer where the provision of these services is more cost-effective and where
the City will receive credit towards the REC unit counts mandated under its Memorandum
of Understanding with the Metropolitan Council.
7) That the Housing Chapter of the Comprehensive Plan specifically states that any future
senior-specific housing in Lake Elmo will be best accommodated within the Old Village
Area due to proximity to goods, services, and public facilities.
8) That the subject site does not demonstrate any characteristics that are substantially different
from other areas guided for RAD development in the City of Lake Elmo or that would
indicate that higher density development is more appropriate in this area than any other site
within the City.
9) That the City is has recently adopted major Comprehensive Plan amendment related to
development in the Old Village Area and the I-94 corridor. Given the current market
conditions, the City encourages higher density development in areas that would help off-set
the significant infrastructure costs required to serve these areas.
10) That higher density housing is not consistent with the City’s stated goals to preserve and
enhance its rural character, especially when planned in areas that are guided for Rural
Agricultural Density.
11) That build-out of existing empty lots in platted and developed OP developments is
encouraged over the creation of new development and service areas in the community
12) That new access that would be needed to support development on the subject site does not
conform to the City’s Transportation Plan that encourages limited access to major collector
roads and is inconsistent with the City’s access spacing guidelines.
13) That the 2010 Comprehensive Plan Amendment was designed to accommodate a specific
development proposal which no longer exists.
14) That recent Met Council projections of population and household growth indicate less
overall population growth than was expected in 2010.
15) That the support of local neighbors for the 2010 development proposal was based on a
misunderstanding of the details of the proposal. The 2010 Planning Commission
recommendation was significantly driven by the support of neighbors, which support no
longer exists.
16) That the Planning Commission and City Council have become more educated and
experienced in considering higher density development. Such development should not be
considered for land not guided for sewer before 2030.
17) That the 2010 action could be considered spot zoning based on later information and
training received by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo
City Council hereby approves the Comprehensive Plan amendment, subject to and contingent upon
the following:
1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the
receipt of formal notification from the Metropolitan Council that its review has been
completed and approved.
Passed and duly adopted this 21st day of January 2104 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Adam Bell, City Clerk
Exhibit “A”
PT OF SW1/4 OF SD SEC 15 LYING NLY OF NLY R/W OF RR DESC AS FOLL: COM AT
NELY COR SD SW1/4 THN S00DEG51'44"E BRG ORIENTED TO WACO SYS ALG ELY LN
SD SW1/4 DIST 1067.20FT THN S89DEG13'16"W DIST 289.50FT THN S48DEG14'16"W
ALG A LN HEREINAFTER REFERRED AS LN "A" DIST 36.58FT TO PT HEREINAFTER
REFERRED AS PT "C" THN S05DEG16'16"W ALG A LN HEREINAFTER REFERRED AS
LN "B" DIST 194.90FT M/L TO PT OF INTER WITH NLY R/W LN OF HWY 5 AKA
STILLWATER BLVD N SD PT OF INTER BEING THE POB THN N05DEG16'16"E ALG SD
LN "B" DIST 194.90FT M/L TO BEFORE DESC PT "C" THN N48DEG14'16"E ALG SD LN
"A" DIST 35.69FT M/L TO INTER WITH SLY LN OF N 1067.20FT OF SD SW1/4 THN
S89DEG06'21"W ALG SD SLY LN DIST 24.33FT M/L TO WLY LN OF E 314.50FT OF SD
SW1/4 THN N00DEG51'44"W ALG SD WLY LN DIST 1067.20FT M/L TO NLY LN OF SD
SW1/4 THN S89DEG06'21"W ALG SD NLY LN DIST 995.27FT M/L TO ELY LN OF W
1312.FT OF SD SW1/4 THN S00DEG41'24"E ALG SD ELY LN DIST 460.FT M/L TO SLY LN
OF N 460.FT OF SD SW1/4 THN S89DEG06'21"W ALG SD SLY LN DIST 404.01FT M/L TO
DESC ELY LN OF FRIEDRICH HGTS PLAT THN S00DEG41'24"E ALG SD ELY LN DIST
141.48FT THN S80DEG54'36"W ALG SLY LN SD PLAT DIST 59.61FT THN S00DEG41'24"E
ALG SD ELY LN SD PLAT DIST 66.FT THN N80DEG54"36"E ALG SD NLY LN SD PLAT
DIST 164.77FT THN S00DEG41'24"E ALG SD ELY LN SD PLAT DIST 5.07FT M/L TO
INTER WITH LN DRAWN PARL WITH SD NLY LN OF SW1/4 & EXT WLY FROM IPM
ON WLY LN OF E1/2 SD SW1/4 SD WLY LN HAVING BRG OF S00DEG46'34"E SD IPM
DIST 657.56FT SLY FROM NWLY COR OF SD E1/2-SW1/4 THN N89DEG06'21"E ALG SD
PARL LN DIST 299.85FT M/L TO SD IPM THN N89DEG24'43"E ALG NLY LN TRACT
DESC IN DOC #714370 & ALG NLY LN OF PARCEL DESC IN DOC #3408380 DIST
309.19FT M/L TO IPM AT THE NELY COR THEREOF THN S01DEG00'08"E ALG ELY LN
SD PARCEL DESC IN DOC #3408380 DIST 386.67FT M/L TO INTER WITH A LN
HERINAFTER REFERRED AS LN "C" DRAWN AT RT ANG & ELY FROM A PT IN SD
WLY LN OF E1/2-SW1/4 SD PT BEING HERINAFTER REFERRED AS PT "A" SD PT ALSO
DIST 118.20FT NLY AS MEAS ALG SD WLY LN OF E1