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Home My WebLink About#19 - Heritage Farms Sanitary Sewer Project Comp Plan Amendment1 STAFF REPORT DATE: 01/21/2020 REGULAR TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Comprehensive Plan Amendments – MUSA Boundary Change, Update to City’s Wastewater Facilities and Land Use Plans – Heritage Farms Sanitary Sewer Service Area Extension and Re-guidance to Rural Single Family Sewered REVIEWED BY: Ben Prchal, City Planner Jack Griffin, City Engineer BACKGROUND: The City Council recently approved a public improvement project to extend sanitary sewer to the existing Heritage Farms subdivision. This development is located west of Manning Avenue and south of 30th Street and has 44 single-family homes that are now served by on-site sanitary sewer (septic) systems. The proposed public improvement project will extend sanitary sewer throughout the subdivision (along with other improvements) and will allow the property owners to connect to the City sanitary sewer system. The City is planning this improvement project for the 2020 construction season. This sewer change, however, requires City Council and Met Council approval of several changes to the recently adopted 2040 Comprehensive Plan. The changes are required because the Heritage Farms subdivision is not now included in the MUSA (Metropolitan Urban Service Area) nor had the City included these 44 properties in the Wastewater calculations in the 2040 Comprehensive Plan. The proposed comprehensive plan amendments require a 4/5th affirmative vote by the City Council and approval by the Metropolitan Council. (Please see the attached maps and tables for more information about the proposed changes). On January 13, 2020, the Planning Commission reviewed the proposed changes to the Comprehensive Plan for the Heritage Farms sanitary sewer project. It was the consensus of the 3 commissioners in attendance that the City Council should approve the proposed changes. ISSUES BEFORE THE CITY COUNCIL: The City Council is being asked to: 1. Amend the MUSA Boundary and other relevant sections and elements of the 2040 Comprehensive Plan to include the Heritage Farms subdivision in the sanitary sewer service area; 2. Amend the land use plan designation for the subdivision from RAD (rural area development) to RSFS (Rural Single Family Sewered); and 3. Authorize City staff to submit the proposed amendments to the Metropolitan Council for review. 2 PROPOSAL DETAILS/ANALYSIS: Amendment to the MUSA Boundary. The MUSA Boundaries for the sanitary sewer service areas in the City of Lake Elmo are depicted on the maps on Pages 3-11 (Map 3-2), 3-17 (Map 3-3), 3-19 (Map 3-5), 3- 26 (Map 3-7) and 9-5 (Map 9-1) of the 2040 Comprehensive Plan. The Heritage Farms subdivision is not now included in the MUSA in the City. As noted above, the City needs to change the MUSA boundary on all relevant maps in the Comprehensive Plan to include the Heritage Farms subdivision in the MUSA as part of a Comprehensive Plan Amendment in order for the sanitary sewer project to proceed. Amendment to Wastewater Services and Facilities Plan. As part of their feasibility study, Engineering reviewed the possibility and effects of adding the 44 properties to the sanitary sewer system. They determined the sanitary system can accommodate these additional properties on the system. The City will need to amend several tables in the existing Comprehensive Plan to show the addition of 44 single-family properties to the sanitary sewer system. They include Table 3-4 (page 3-21), Table 9-2 (page 9-8), Tables 9-3 and 9-4 (on page 9-9) and Table 9-5 (on page 9-10). Amendment to Land Use Plan. The City will need to re-guide (change the land use designation) of aforementioned single-family properties in the Heritage Farms subdivision from RAD (rural area development) to V-LDR (village low density) or to Rural Single Family Sewered (RSFS). This is because the RAD land use designation is for areas not in the MUSA while the V-LDR designation is planned for areas within the Village Planning Area and the RSFS “identifies existing previously unsewered rural single-family land uses located within the Village Planning Area. These properties have either recently been served with municipal sewer and water, or are planned to be served as part of the planned MUSA extensions within the Village Planning Area.” Met Council Review. The Met Council has confirmed that the usual jurisdictional review period for this Comprehensive Plan Amendment will likely not be required. Additionally, the request may qualify for administrative review by the Met Council, rather than full Council review, meaning that the approval process for this request may take a shorter time period than a typical Comprehensive Plan Amendment. FISCAL IMPACT: The City will be assessing the full cost (100%) of the sanitary sewer extension project to the 44 benefitting properties. The additional 44 properties on the City sanitary sewer system also will generate additional Sewer Access Charge (SAC) fees to the Sanitary Sewer Enterprise Fund. RECOMMENDATION: Staff recommends that the City Council approve the proposed amendments to the Land Use Plan and to the Wastewater Services and Facilities Plan of the 2040 Comprehensive Plan by adding the 44 existing single- family home sites in the Heritage Farms subdivision to the City’s sanitary sewer area. “Motion to adopt Resolution 2020 – 009 approving all necessary amendments to the 2040 Lake Elmo Comprehensive Plan (including those to the Land Use Plan and to Wastewater Services Plan) to add the existing 44 single-family properties in the Heritage Farms subdivision to the City’s sanitary sewer area.” Additionally, Staff recommends that the City Council approve an amendment to the Land Use Plan of the Comprehensive Plan, re-guiding the aforementioned existing 44 single-family properties from RAD (Rural Area Development) to RSFS (Rural Single Family Sewered) and authorize City staff to submit the proposed amendments to the Metropolitan Council for review. “Motion to adopt Resolution 2020 – 010 approving a Comprehensive Plan Amendment re-guiding on the City’s Land Use Plan the existing single-family homes in the Heritage Farms subdivision from RAD 3 (Rural Area Development) to RSFS (Rural Single Family Sewered) and authorize City staff to submit the proposed amendments to the Metropolitan Council for review.” ATTACHMENTS: • Page 3-11 (Map 3-2) • Page 3-17 (Map 3-3) • Page 3-19 (Map 3-5) • Page 3-26 (Map 3-7) • Page 9-5 (Map 9-1) • Page 3-21 (Table 3-4) • Page 9-8 (Table 9-2) • Page 9-9 (Tables 9-3 and 9-4) • Page 9-10 (Table 9-5) • Resolution 2020 – 009 • Resolution 2020 - 010 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020- 009 A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN TEXT AND MAPS INCLUDING AMENDING THE MUSA BOUNDARY TO INCLUDE THE HERITAGE FARMS SUBDIVISION AND AMENDING THE WASTEWATER SERVICES PLAN. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The City of Lake Elmo has established a Comprehensive Plan that includes background data, policy statements, standards, and maps that help to guide the future physical, social, and economic development of the City; and WHEREAS, several residents in the Heritage Farms subdivision petitioned the City to have the City extend sanitary sewer to their properties: and WHEREAS, in 2019, the Lake Elmo City Council ordered a public improvement project to extend sanitary sewer to serve the 44 single-family homes in Heritage Farms; and WHEREAS, the extension of sanitary sewer to the Heritage Farms subdivision requires amendments to the MUSA boundary, the Wastewater Services and Facilities Plan and to the land use map in the Lake Elmo Comprehensive Plan; WHEREAS, the City has prepared a map of the proposed MUSA expansion showing the affected properties to be added to the MUSA of the City; and WHEREAS, the City has prepared amendments to the Wastewater Services and Facilities Plan and to the Land Use Map that reflect the addition of the 44 single-family homes to the sanitary sewer service area in Lake Elmo; and WHEREAS, the notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109, and MN State Statute 473.858; and WHEREAS, the Lake Elmo Planning Commission held a public hearing about the proposed Comprehensive Plan amendments on January 13, 2020; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval of the proposed Comprehensive Plan Amendments to the City Council; and WHEREAS, the City Council considered the said matter at its January 21, 2020 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following: Findings 1. Several of the property owners in the Heritage Farms subdivision petitioned the City to have the City extend sanitary sewer to their neighborhood. 2. The Lake Elmo City Council has ordered a public improvement project that will extend sanitary sewer to the neighborhood in 2020. 3. The City will be assessing the affected property owners for the costs associated with the public improvement project. 4. The proposed sanitary sewer extension project for the Heritage Farms subdivision requires amendments to the MUSA boundary and to the Wastewater Services and Facilities plan in the Lake Elmo Comprehensive Plan. 5. The expansion of the MUSA to include the additional 44 single-family properties is consistent with goals and policies of the City. 6. The expansion of the MUSA for the Heritage Farm subdivision is consistent with improving the health, safety and welfare of the City of Lake Elmo residents. 7. The Metropolitan Council has administratively reviewed the proposed amendment and appeared to have no objection and had waived adjacent jurisdictional review. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the necessary Lake Elmo Comprehensive Map Amendments for the Heritage Farms sanitary sewer improvement project including the expansion the MUSA, subject to and contingent upon the following: 1. The Metropolitan Council’s approval of the Comprehensive Plan Map Amendment. This resolution was adopted by the City Council of the City of Lake Elmo on this ____ day of __________, 2020. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020-010 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE LAND USE PLAN REGUIDING THE 44 SINGLE-FAMILY RESIDENTIAL PROPERTIES IN THE HERITAGE FARMS SUBDIVISION THE CITY RECENTLY ADDED TO THE METROPOLITAN SERVICE AREA (MUSA) FROM RURAL AREA DEVELOPMENT (RAD) TO RURAL SINGLE FAMILY SEWERED (RSFS) LAND USE DESIGNATION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that includes background data, policy statements, standards, and maps that help to guide the future physical, social, and economic development of the City; and WHEREAS, the City’s Land Use Plan has currently guided the 44 single-family homes in the Heritage Farms subdivision RAD (rural area development); and WHEREAS, the Lake Elmo Comprehensive Plan describes the rural area development land use designation as inclusive of large-lot rural single-family detached residential uses and future conventional subdivisions and is for areas not within MUSA planning areas; and WHEREAS, the City Council has approved an amendment to the City’s Wastewater Services and Facilities Plan, adding the 44 single-family homes in the Heritage Farms subdivision to the Metropolitan Urban Service Area (MUSA); and WHEREAS, the 44 single-family homes in the Heritage Farms subdivision now more closely fit the Land Use Designation of RSFS (rural single family sewered); and WHEREAS, the notice to re-guide the 44 residential properties in the Heritage Farms subdivision has been published, mailed, and posted pursuant to the Lake Elmo City Code and MN State Statute 473.858; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter on January 13, 2020; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval to the City Council; and WHEREAS, the City Council considered the said matter at its January 21, 2020 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following findings: 1. The re-guiding of the 44 single-family residential properties in the Heritage Farms subdivision will remove inconsistency between the amended MUSA designation and Land Use category definition in the City’s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the Lake Elmo Comprehensive Plan Amendment, amending the City’s Land Use Plan by re-guiding the 44 single-family residential properties in the Heritage Farms subdivision to Rural Single Family Sewered and authorize City staff to submit all the proposed Comprehensive Plan Amendments to the Metropolitan Council for review, subject to and contingent upon the following: 1. The Metropolitan Council’s approval of the Comprehensive Plan Amendment. This resolution was adopted by the City Council of the City of Lake Elmo on this 21st day of January, 2020. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk