HomeMy WebLinkAbout#19 - Comp Plan Amendments1
STAFF REPORT
DATE: 08/18/2020
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 – Sanitary Sewer Service Area Extension and Re-guidance to Village Low Density Residential - 4212
Lake Elmo Avenue and 10875 43rd Street North
REVIEWED BY: Ben Prchal, City Planner Jack Griffin, City Engineer
BACKGROUND: Steve and Martha Pott of 4212 Lake Elmo Avenue and Jed and Darla Wier of 10875 43rd Street North have applied to the City to amend the land use plan designation for their properties and to change the City’s
MUSA (Metropolitan Urban Service Area) boundary. Their properties are currently outside the MUSA and the proposed boundary change would extend the MUSA boundary north to 43rd Street putting their properties in the MUSA. This boundary change, if approved by the City, would make their properties eligible to have
City sanitary sewer service. Please see the attached narrative and maps for more information about this proposal. Each property has a single-family home that is now served by on-site sanitary sewer (septic) systems. The proposed MUSA boundary change and land use plan change would allow for the extension of sanitary sewer (and city water) throughout the two properties from the City sanitary sewer system that is in the Legacy at North Star development to the south. Such utility extensions would occur as part of the future subdivision or redevelopment of the properties. No new development is proposed at this time.
This sanitary 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 two properties are not now included in the MUSA (Metropolitan Urban Service Area) nor had the City included these 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 July 27, 2020, the Planning Commission held a public hearing about this request. The Commission reviewed the staff report, asked questions of staff and then took testimony from the applicant and one of the
nearby property owner. The Commission recommended approval of the MUSA boundary change with a 5-1 vote and the land use plan change with a 6-0 vote (Commissioner Risner was absent from the meeting).
ISSUE BEFORE THE CITY COUNCIL:
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Should the City amend the MUSA Boundary and other relevant sections and elements of the 2040 Comprehensive Plan to include the properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North in the sanitary sewer service area?
PROPOSAL DETAILS/ANALYSIS: General Information.
• Applicants/Property Owners: Steve and Martha Pott of 4212 Lake Elmo Avenue and Jed and Darla Wier of 10875 43rd Street North
• Location: 4212 Lake Elmo Avenue and 10875 43rd Street North PID Numbers 11.029.21.44.0002 and 11.029.21.41.0003
• Requests: Comprehensive Plan Amendments (MUSA Boundary Change and Land Use
Designation)
• Site Area: 26.93 gross acres (total)
• Existing Zoning: RR – Rural Residential
• Existing Land Use: Each property has a single-family home and accessory buildings
• Surrounding Land Use: Legacy at North Star development to the south, single-family homes across
Lake Elmo Avenue to the east, Krueger’s Christmas tree farm to the north across 43rd Street and
open space and Sunfish Ponds development to the west
• Surrounding Zoning: North – A (Agricultural), East – LDR (Low Density Residential), South –
V-LDR/PUD, West – RR (Rural Residential)
• Comprehensive Plan: Existing: RAD (Rural Area Development)
Proposed: V-LDR (Village Low Density Residential)
• History: The two properties have each been developed and used with single-family
residences and accessory buildings for at least 25 years.
• Deadline for Action:
• Application Complete – June 18, 2020
• 60 Day Deadline – August 16, 2020
• Extension Letter Mailed – Yes
• 120 Day Deadline – October 14, 2020
• Applicable Policies and Regulations:
2040 Lake Elmo Comprehensive Plan
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), 3-24 (Map 3-7) and 9-5 (Map 9-1) of the 2040 Comprehensive Plan. The two properties for this request are not
now included in the MUSA in the City. The applicant provided City staff with a map that shows their properties were in the MUSA until at least 2013. I also have attached several maps from the 2030 Comprehensive Plan that shows their two properties and some of the property north of 43rd Street in the Old Village Planning Area
and the planned sanitary sewer service area (which includes the areas of the City planned to be in the MUSA). The 2040 Comprehensive Plan did not and does not include their two properties in the MUSA. It is not clear
to the City how or why the change to the MUSA boundary occurred, but now the property owners are asking the City to change the MUSA boundary to include their properties. As noted above, the City needs to change the MUSA boundary on all relevant maps in the Comprehensive Plan to include these two properties as part of their request. Amendment to Wastewater Services and Facilities Plan. The City Engineer reviewed the possible effects of adding the two properties to the sanitary sewer system. He noted that Village sanitary sewer system has
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excess capacity built in so if the City brought these properties into the MUSA area the sewer system could
accommodate the potential maximum number of residential units that could be developed. He also noted that the City designed the Old Village Area MUSA sanitary sewer system with excess sewer capacity to enable the City to extend services to existing developments in the event that the existing developments were faced with
failing on-site septic systems or private community wastewater treatment systems. For these two properties, or for that matter, any expansion of the Village MUSA Boundaries or increased densities for new development will effectively reduce the capacity of the City to respond to existing failed systems by the number of units
that are designed for new development. If the City amends the MUSA Boundary to include these two properties, the City also will need to amend several tables in the existing Comprehensive Plan to show the addition of up to 73 residential units 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). These updated numbers also include the 44 housing units the City will add to sanitary sewer system with the expected Heritage Farms sanitary sewer project. Amendment to Land Use Plan. The City will need to re-guide (change the land use designation) of aforementioned properties from RAD (rural area development) to the V-LDR (village low density residential). This is because the existing 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 identifies land intended for single-family detached housing development serviced by municipal sewer and water.
The land use plan change for the properties would be from RAD (rural area development) to V-LDR (village low-density residential). The proposed V-LDR land use designation is intended for single-family detached housing serviced by City sewer and water with a density between 1.5 and 3 dwelling units per acre.
Combined the two properties are 26.93 gross acres in size – not counting the 6.46 acres of property between the Wiers and the Sunfish Ponds development to the west. At 3 units per acre, the 26.93 gross acres (not counting any required acreage deduction for future right-of-way dedication or for wetlands), could have up to 81 units. The City and the Met Council require the deduction of arterial road right-of-way, steep slopes, wetland areas and waterbodies from the gross acreage of a development site when calculating the net acreage for density calculations. Staff estimates the County would require a 75-foot-wide dedication for additional right-of-way along the west side of Lake Elmo Avenue for the length of the property located at 4212 Lake Elmo Avenue when it is subdivided. This right-of-way dedication would be a total of about 1.9 acres of area. There are two wetlands with a total area of about 2.5 acres on the properties. The wetland acreage reduces the total gross acreage of the two properties from 26.93 acres to about 24.43 net acres for calculating possible density for development purposes. At 3 units per acre, the 24.43 net acres could have up to 73 residential
units.
Met Council Review. This 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. Neighbor Comments. Staff sent a public hearing notice about this request to the owners of 35 properties within 350 feet of the properties in question. I received 4 e-mail responses that I have attached to this report. Of those responding, 2 were against the proposed changes, one expressed concerns that the proposed changes would lead to changes to the character of their neighborhood with the possibility of having more people, traffic and noise and the fourth response said they would support the proposed changes for only the southern one-half
of the properties in question. FISCAL IMPACT:
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The City would expect any future developer to pay full cost (100%) of the sanitary sewer extension project to
serve a future development or redevelopment of the two properties. The additional properties created by a new subdivision that would be on the City sanitary sewer system also will generate additional Sewer Access Charge (SAC) fees that are paid to the Sanitary Sewer Enterprise Fund.
RECOMMENDATIONS:
Staff and the Planning Commission recommend approval of amendments to the Land Use Plan and to the Wastewater Services and Facilities Plan of the 2040 Comprehensive Plan by adding the properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to the City’s sanitary sewer area. “Motion to adopt Resolution 2020 – 078 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
properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to the City’s sanitary sewer area.” Additionally, Staff and the Planning Commission recommend approval of an amendment to the Land Use Plan of the Comprehensive Plan, re-guiding the aforementioned two properties from RAD (Rural Area
Development) to V- LDR (Village Low-Density Residential) and authorize City staff to submit the proposed amendments to the Metropolitan Council for review.
“Motion to adopt Resolution 2020 – 079 approving a Comprehensive Plan Amendment re-guiding on the
City’s Land Use Plan the properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North from RAD (Rural Area Development) to V- LDR (Village Low-Density Residential) and authorize City staff to submit the proposed amendments to the Metropolitan Council for review.” ATTACHMENTS: Applicant’s statement dated June 2020
2013 City MUSA Map Location Map Address Map Topographic Map Existing Lake Elmo Land Use Maps (2) Existing MUSA Boundary Maps (2) 2030 Comprehensive Plan Maps (5 pages) Neighbor E-mail Comments 2040 Comprehensive Plan Pages: Page 3-11 (Map 3-2) Page 3-17 (Map 3-3)
Page 3-19 (Map 3-5) Page 3-24 (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) Pages 3-17 and 3-19 (Maps 3-3 and 3-5) (Proposed Land Use Map Amendment to V-LDR) Resolution 2020 – 078 (approving amendments to the City’s Land Use and Wastewater Plans) Resolution 2020 – 079 (approving an amendment to the land use plan (RAD to V-LDR)
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION NO. 2020- 078 A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF LAKE ELMO
COMPREHENSIVE PLAN TEXT AND MAPS INCLUDING AMENDING THE MUSA
BOUNDARY TO INCLUDE THE PROPERTIES LOCATED AT 4212 LAKE ELMO AVENUE AND 10875 43RD STREET NORTH AND AMENDING THE WASTEWATER SERVICES AND FACILITES 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, the owners of the properties located 4212 Lake Elmo Avenue and 10875 43rd Street North have requested that the City amend the MUSA Boundary in the 2040 Lake Elmo
Comprehensive Plan to include their properties in the MUSA: and
WHEREAS, the 2030 Lake Elmo Comprehensive Plan had these two properties in the Village Planning Area and MUSA; and
WHEREAS, the request to put the two properties in the MUSA requires amendments to
the MUSA boundary, the Wastewater Services and Facilities Plan and to the land use map in the Lake Elmo 2040 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 26.93 gross acres of land 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 July 27, 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 August 18, 2020 meeting;
and
NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following: Findings
1. The owners of the properties located at 4212 Lake Elmo Avenue and 10875 43rd
Street North requested that the City of Lake Elmo amend the MUSA Boundary in the
2040 Comprehensive Plan to include their properties in the MUSA.
2. The 2030 Lake Elmo Comprehensive Plan included the properties in question in the
Village Planning Area and in the MUSA.
3. Municipal sanitary sewer and water were recently installed to the southern property
line of the two subject properties.
4. The request to amend the MUSA Boundary to include the two subject properties
requires amendments to the MUSA boundary and to the Wastewater Services and
Facilities plan in the Lake Elmo 2040 Comprehensive Plan.
5. The expansion of the MUSA to include the two subject properties is consistent with
goals and policies of the City.
6. The expansion of the MUSA to include the two subject properties is consistent with
improving the health, safety and welfare of the City of Lake Elmo residents.
NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the necessary Lake Elmo Comprehensive Text and Map Amendments for the properties located 4212 Lake Elmo Avenue and 10873 43rd Street North including the expansion the MUSA to include the two properties, subject to and contingent upon
the following:
1. The Metropolitan Council’s approval of the Comprehensive Plan and Map
Amendments.
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. 2020-079 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO
COMPREHENSIVE LAND USE PLAN REGUIDING THE PROPERTIES LOCATED 4212
LAKE ELMO AVENUE AND 10875 43RD STREET THAT THE CITY RECENTLY ADDED TO THE METROPOLITAN SERVICE AREA (MUSA) FROM RURAL AREA DEVELOPMENT (RAD) TO VILLAGE LOW DENSITY RESIDENTIAL (V-LDR) 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 properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North RAD (rural area development); and
WHEREAS, the Lake Elmo 2040 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 properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to the Metropolitan Urban Service Area (MUSA); and WHEREAS, once development or redevelopment occurs, the properties now located at
4212 Lake Elmo Avenue and 10875 43rd Street North will more closely fit the Land Use Designation of V-LDR (village – low density residential); and WHEREAS, the notice to re-guide the properties located at 4212 Lake Elmo Avenue and
10875 43rd Street North 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 July 27, 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 August 18, 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 properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North will remove inconsistency between the amended MUSA designation and Land Use category definition in the City’s 2040 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 properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to Village – Low Density Residential 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 Amendments.
This resolution was adopted by the City Council of the City of Lake Elmo on this 18th day of
August, 2020.
_____________________________
Mike Pearson, Mayor ATTEST:
___________________________ Julie Johnson, City Clerk