HomeMy WebLinkAbout#03 - Commercial DA1
STAFF REPORT DATE: 9/13/2022 DISCUSSION TO: City Council
FROM: Molly Just, Planning Director
AGENDA ITEM: Development Agreement for Commercial and Vertical Residential Development
BACKGROUND: As the City’s MUSA areas develop and we see more high intensity development such as apartment buildings and commercial development on single lots staff have had to consider allowing construction to
occur in a sequence more natural to that type of development. The City uses development agreements to ensure that the public improvements necessary to serve a project are constructed along with the proposed development. In the case of single-family residential subdivisions, the predominant development time in City history, building permits are not issued until the public right of way (utilities laid, curb and asphalt, etc.) is constructed and tested. This allows the residential construction to proceed without competing directly with construction of the public right-of-way.
ISSUE BEFORE COUNCIL:
Should the City Council consider changes to development agreement provisions to allow certain commercial and residential construction to proceed sooner than is allowed for traditional single-family residential subdivisions? DETAILS/ANALYSIS: With apartment buildings and commercial development that does not include new public streets, there may not be the same need to delay issuance of permits. Each project is different though and we should continue to review each project individually and analyze what is needed when for public improvements. There is probably no one size fits all agreement given the level of care and quality expected for development in Lake Elmo, but there is room for our agreement to adapt to different types of development.
FISCAL IMPACT: None. Developers would still be expected to fund the provision of improvements necessitated by private development. ATTACHMENT:
Sample Single-Family Residential Development Agreement – See paragraph 26 Sample Commercial Development Agreement – See paragraph 23