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HomeMy WebLinkAbout2017-124 - CopyCITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA -t% .4 RESOLUTION DENYING A ZONING TEA7AMENDMENT TO AMEND THE CITYS OPEN SPA CE PLAT UNIT DE VEL OPMENT ORDINANCE B Y AMENDING LA NG U4 GE RE GA RDIN G A L L 0 PVA BLE 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 201h 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 inforniation received, the City Council makes the following findings of fact: 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 PLJD 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 severed developments is calculated using net density whereas the proposed amendment calculates density using gross density). City Council Resolution 2017- . The current language regarding density within the Comprehensive Plan Open Space Preservation Planned Unit development ordinance helps protect natural resources by linmint 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 suer. 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 City Council of the City of Lake Elmo, Minnesota. rrv. Mike Pearson, Mayor City Council Resolution 2017