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HomeMy WebLinkAbout2018-03-08 Council Work Session Agenda PacketComprehensive Plan Update 2040 Council Work Session March 8, 2018 Council Work Session Draft Plan Discussion March 8, 2018 6:00pm Agenda 1.Discussion of Draft Plan 2.Next Steps (5 min) a.Council Meeting – Approve Plan for Distribution – April 26, 2018 3.Adjourn 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: March 2, 2018 for the March 8, 2018 Council Work Session RE: 2040 Comprehensive Plan – Land Use Discussion (city file no. 17-001) 1. Background In 2017, the City initiated the planning process to update the 2030 Comprehensive Plan that was completed in 2011. It was the Council’s direction that no major policy changes were anticipated and this would be an update of the existing plan. 2. February 15th Council Work Session The Council reviewed the draft document at their February 15th meeting. The plan has not been changed, so please refer to the draft that was distributed for that meeting. There were only three Council members present at that meeting so the Council asked that another work session be scheduled for tonight. Comments were provided by Council members at that meeting and in writing from Council member LaFave. Staff followed up with all Council members after the meeting to gather any other comments. The Council asked that several items be addressed. These items came from the public meeting, the LaFave letter or individual conversations: a. Highlight the desire to protect rural character throughout the plan • Staff recommends adding additional language to the 2040 Vision Statement (first paragraph, middle column, page 9) as follows: Corcoran is defined by its abundance of high-quality natural resources and open spaces along with its rural environment. These resources and rural character are intrinsic to our quality of life and has been of long-standing appeal for existing and new residents of the community. One of the two community surveys that were conducted as part of the 2040 Comp Plan update process was dedicated to answering the question “what is rural character?” Although the term rural character can mean different things to different people, key themes were clear. The survey showed that the community of Corcoran found importance in: open and green space, active farming and agriculture, large lots and low density, natural areas and wildlife, and amenities not found in more urban locations such as trails for hiking, horseback riding, and snowmobiling. The 2040 Plan will enable the residents of 2040 Corcoran to continue to share in this defining experience. 2040 Comprehensive Plan (city file 17-001) 2 March 8, 2018 • Staff recommends adding a new implementation item under land use (page 149) that says, “Review and consider updates to ordinance standards that preserve rural character, including preservation of natural areas and agriculture, open spaces, and large lots and low density, especially in the non-MUSA area.” b. Address Maple Hill Estates Manufactured Home Park Preservation Equity Grant Requirements The City applied for a grant to help defray the cost to connect to the municipal sanitary sewer system. The grant included a condition that the “Community includes language in the comprehensive plan that discusses preservation of the MHP as an affordable housing choice in the community.” Staff recommends the addition of a new Policy 7 under Housing Goal 1 (page 57) that reads as follows: Policy 7: The City supports preservation of the Maple Hill Estates manufactured home park as an affordable housing option in Corcoran. c. Revise Staging Plan and provide more information about it is developed and implemented The Staging Plan was created utilizing the recent experience of development along with input from residents. The City began with the extension to service Ravinia, which showed that large developable acreage could manage the costs of sewer and water extension. Existing residents were concerned they would be forced to connect, and current policy does not force a connection, or set a timeline to connect. Financial cost of additional sewer extension was estimated for various property owners as they inquired as to the likelihood of development. This recent experience shows that the following summary of considerations in creating the staging: • Proximity to Existing Sewer Pipe • Marketability (large acreages, School District, etc.) • Topography (wetlands or physical barriers) • Policy (existing neighborhoods were delayed) • Individual property owner interest if provided • Land Use (Ag Preserve was delayed) David Knodel (20305 CR 50) was at the February 15th work session and asked that his property be added to the first phase of the sewer staging plan as it was in the 2020 plan. The Plan has been updated as directed by Council and is attached. The area of land in the first two stages of the sewer phasing plan (2018-2030) would allow development of 8,810 – 18,071 new homes in the residential areas, which would exceed our 2040 growth forecasts of 4700 new homes. Staff does not recommend adding additional land to the phases now. Past practice in the City has been to zone properties in the MUSA that are in the initial sewer staging plan to be zoned Urban Reserve. Generally, properties in the MUSA are not allowed to develop prior to extension of municipal services. The intent of the Urban Reserve district is 2040 Comprehensive Plan (city file 17-001) 3 March 8, 2018 to preserve areas where urban services are planned, as shown on the 2030 Comprehensive Plan, but not yet available. The large minimum lot area will retain these lands in their natural state or as agricultural uses until sanitary sewer, water, streets and other public infrastructure is available and new development occurs. This will allow orderly development to occur. The purpose of this district is to provide a holding zone until a landowner/developer makes application for development, at which time the City may rezone the affected property consistent with its designation in the Comprehensive Plan, provided that the development does not result in the premature extension of public utilities, facilities, and services as specified above. The district does allow limited use of development rights prior to sewer and water services through clustering of lots as outlined in this district. The Council has noted that a review and update of the OS&P standards is an implementation priority. Staff would expect that the clustering standards in the UR district would also be reviewed and updated as part of that implementation process. It is staff’s opinion that our existing ordinance was part of the last Comprehensive Plan and will be allowed to continue, but that changes to the ordinance would be required to comply with the new Flexible Residential Guidelines developed by the Metropolitan Council. d. Expand discussion of CR 10/50 road issues Staff recommends changing the language at the top of Page 87 (right column) as follows: • The existing intersection of CSAH 10/CSAH 50 has poor geometrics due to the angle the roads form as they intersect. The area also contains the City’s largest municipal park, a historical church facility, tight corridor and limited ROW. The City has a vision to develop this area as its downtown redevelopment. The County roadways would be needed to be realigned to improve geometrics and accommodate the City’s vision. This realignment would aim to by-pass the downtown area as well as create a standard right- angle intersection at CR 10 and CR 116. The exact location of the realigned roadway has been previously studied, and will again require study and planning as the County seeks to reduce congestion and conflict points. should be studied in detail as development plans progress. • The Council could consider changes to the Transportation Map (Figure 6-5) to add a note about this issue. • The Council could modify Transportation Goal 1, Policy 4 on page 83 if the language is not specific enough. e. Add discussion of gravel road paving issues Staff recommends that following additions (add red underlined text): • Add the underlined language to the top paragraph in the middle column of page 85: “Minor collectors provide the connection between neighborhoods and commercial/industrial areas and the major collector/minor arterial system. Access is 2040 Comprehensive Plan (city file 17-001) 4 March 8, 2018 slightly emphasized over mobility in minor collectors. Oakdale Drive, Trail Haven Road, Kalk Road and Willow Drive are examples of minor collectors within the City. Some of these are gravel roads, and the challenge of paving is discussed in the next section.” • Add a new paragraph to the Local Streets section on page 85 (add red underlined text): Local Streets The lowest classification of roadways is the local roadway where access is provided with much less concern for control, but land service is paramount. Spacing for local streets is as needed to access land uses. Local roadways generally have lower speed limits in urban areas and normally serve short trips. Local streets will connect with some minor arterials but generally connect to collectors and other local streets. The development of local streets will be guided by the location of the existing and proposed minor arterials and collectors as well as by development and the expansion of local utilities. Corcoran has 36 miles of gravel roads, most of which are local streets and collector roads. The City continuously faces a challenge of when or if to reconstruct the gravel roads with pavement. A guideline used by Minnesota State Aid for paving gravel roads is an AADT of greater than 300, which occurs presently on various segments on the collectors of Trail Haven, Willow Larkin, etc. Given that the cost to pave all the gravel roads is estimated to be upwards of $50M in today’s dollars, it is not viable for the current tax base. Therefore, it will be an ongoing issue to prioritize the improvements based on traffic counts, then factoring in the financial feasibility, and political and resident support. • The Council could modify Transportation Goal 1, Policy 7 on page 83 if the language is not specific enough. f. Add the density definition to the Comprehensive Plan The City Zoning Ordinance includes the following definitions: DENSITY, GROSS (PRE-DEVELOPMENT): The number of housing units divided by the gross residential acreage (total land area), based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area. DENSITY, NET (POST-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets). 2040 Comprehensive Plan (city file 17-001) 5 March 8, 2018 DENSITY, NET (PRE-DEVELOPMENT): The number of housing units divided by the net residential acreage (gross land area minus wetlands and areas below the 100-year ordinary high water elevation). For proposed developments, net acreage is based on the predevelopment conditions of the site. Existing public streets are deducted from the predevelopment land area. DEVELOPABLE AREA: The net land area available for development. Developable area is based on the pre-development conditions of the site and is calculated as follows: gross land area minus wetlands, areas below the 100-year ordinary high water elevation and right-of-way or easements for existing public streets. The Metropolitan Council defines density as outlined below: If the Council wants to add a density definition to the Comprehensive Plan, staff suggests a new paragraph at the end of the 2040 Land Use and Growth section on page 45 that says “The City of Corcoran calculates net density as defined in the Zoning Ordinance: The number of housing units divided by the net residential acreage (gross land area minus land to be dedicated as public park, lakes, streams, wetlands, required wetland or shoreland buffer strips, areas below the 100-year ordinary high water elevation, stormwater management ponds that are covered by easement and right-of-way or easements for existing and proposed public streets).” g. Revise Goal 5 of the Land Use Plan (page 43) for clarity Staff suggests the language be replaced with the following: “Goal 5: Create a community with housing, employment and service uses that reinforce the City’s vision to allow development while working to retain key elements that define our rural character, such as wetlands, streams, wooded areas, natural topography and view corridors.” 2040 Comprehensive Plan (city file 17-001) 6 March 8, 2018 3. Updates to the 2040 Comprehensive Plan As part of the 2040 Comprehensive Plan update, the City has held several meetings with residents, Commissions, and Council to gather feedback and understand community priorities and what has changed since that time. The Council has directed staff to make some changes (transportation, land use, parks, etc.) and those changes have been incorporated into the plan. The City staff team (Landform, Wenck and City Staff) has incorporated the feedback into updated chapters and City Hall Staff has been working hard to create a new document that is more graphically interesting. The document was updated to include more tables and graphic components to make the document easier to read. Interactive links are being developed for the document, making navigation easier (this is not active in the current draft, but will be in the final draft). Staff will be prepared to walk through the key updates at the meeting. 4. Action Items: The goal for the meeting is to provide content edits and direct staff to revise the document for consideration at the following meetings: • March 20th Parks and Trails Commission meeting • April 5th Public Hearing at the Planning Commission • April 26th Council Meeting. The document would then be distributed for a 6-month comment period before being submitted to the Metropolitan Council. We are asking the Council to • approve the framework of the plan for public review, • approve the proposed edits from the February work session or direction additional edits and • provide staff with your paper copy of the plan with any typographical or style edits. Attachments a. Updated 2040 Staging Plan (Map 2-2) b. Flexible Residential Guidelines City of Greenfield City of Maple Grove City of Medina City of Rogers Bechtold Rd Pioneer Trl Trail Haven Rd County Road 116 County Road 30 S c h u t t e R d Oakdale Dr County Road 10 Horseshoe Trl C o u n t y R o a d 5 0 Larsen Rd Willow Dr Hunter Rd County Road 19 Homestead Trl Cain Rd Rolling Hills Rd Country Rd Mohawk Dr Larkin Rd Foxline Dr Strehler Rd Dassel Ln Old Se t tl e r s Rd Stieg Rd Kalk Rd Meister Rd Maple Hill Rd 93rd Ave N Tessmer Rd Blue Bonnet Dr Jubert Ln 456710 456750 456719 456730 4567116 4567101 4567117 Brockton Ln N 109th Ave N 4567101 ")55 Hackamore Rd MorinLake ScottLake JubertLake GooseLake CookLake R u s h C reek RushCreek SouthForkRu s h C r e e k So u t h For k RushCreek 2040 COMPREHENSIVE PLAN 3,000 0 3,0001,500 Feet ± Path: L:\2294\100\2040CompPlan\2040 Staging.mxdDate: 2/27/2018 Time: 8:53:11 AM User: shujc0243 2018-2025 2025-2030 2030-2035 2035-2040 SE/NE District Gravity Connector Trunk Municipal Boundary 2040 MUSA Parcel Boundaries Streams Lake/Open Water Map 2-22040 Staging Plan FLEXIBLE RESIDENTIAL DEVELOPMENT LOCAL PLANNING HANDBOOK FLEXIBLE RESIDENTIAL DEVELOPMENT EXAMPLES FOR THE DIVERSIFIED RURAL AREA Background Thrive MSP 2040 indicates that land use patterns in Diversified Rural communities are home to a variety of farm and non-farm land uses including very large-lot residential, clustered housing, hobby farms, and agricultural uses. Some Diversified Rural communities are also located in the Long-term Wastewater Service Area (LTSA). These areas are designated to ensure land availability to accommodate growth post-2040 at the edge of the urbanizing area. Purpose The purpose of flexible residential development ordinances and tools in these areas should be to preserve land for post-2040 growth and to accommodate the future extension of regional urban services. In August 2008, the Council adopted Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area that describes the factors communities should take into account if they are considering allowing residential development at densities greater than 4 units per 40 acres in their communities. The Council has since incorporated these guidelines into Thrive MSP 2040. Function For those communities on the edge of the urbanizing area, designated as part of the LTSA, residential development ordinances should provide for interim land uses without precluding the opportunity for future development at densities of at least 3 units per net developable acre to ensure future, cost-effective and efficient regional wastewater treatment services. For areas outside of the LTSA, the Council also encourages the clustering of homes, particularly when communities are considering densities greater than 4 units per 40 acres. Communities should study and assess their landscapes to refine their development priorities. There may be areas within the community that contain an abundance of sensitive natural resources or that the community has identified as a greenway or conservation corridor. These areas may not be most suitable for future urbanization as the capability of the land to support development is low and constrained. In these cases, open space development or cluster development may be adapted to protect those resources to meet the community’s goals. Flexible Residential Development Guidelines In considering ordinances and development that exceeds the 4 units per 40 acres density, communities should apply the following guidelines: 1. Include the need to reserve land resources for efficient future urban development as part of the ordinance purpose. 2. Identify the land characteristics required to support future urbanization. 3. Allow no more than 25% of the developable land in a project to be developed, reserving larger future urbanization parcels. 4. Protect future urbanization parcels with temporary development agreements, easements, or deed restrictions. 5. Provide for the rezoning of the future urbanization parcels to a residential zoning classification at densities consistent with Council policy at such time that urban services are available. 6. Encourage the use of community wastewater treatment systems to serve the temporary cluster. Please refer to the full document, Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area, for more information on these six guidelines. Continue to next page The Fields of St. Croix, Lake Elmo Continue to next page Flexible Residential Ordinance Tools If a community wishes to allow for increased densities within the Diversified Rural area beyond 4 units per 40 acres, the community should use mechanisms to allow for the future development of the land at urban development densities of at least 3 units per net developable acre. There are a number of tools that communities have utilized to meet these goals, including but not limited to the following: 1. Adopt Cluster Ordinances to preserve open space and allow future urbanization. 2. Permit density bonuses for meeting certain specified ordinance requirements. 3. Use of Planned Unit Development (PUD) regulations to manage development and preserve open space. 4. Require Build-Out Plans (Ghost Platting) to demonstrate future subdivision for the delivery of urban services. 5. Employ platting techniques along with deed restrictions, easements, and covenants to protect open space for future development. 6. Use of overlay districts in specified areas to ensure mandatory clustering; for example, on land adjacent to urban service areas. If a community adopts regulations to allow densities in the Diversified Rural area which exceed 4 units per 40 acres, the Metropolitan Council will need to review any revised ordinance details to ensure compliance with the community’s Comprehensive Plan and future expansion of urban services. FLEXIBLE RESIDENTIAL DEVELOPMENT EXAMPLES There are many different development styles a community might use to alow for current development while reserving land for future urban development. This section describes some of the development patterns available to communities. Traditional Rural Cluster The traditional rural cluster above shows that a mandatory cluster district may allow for a defined, limited number of lot splits within a contiguous rural acreage if certain parameters are met, such as specified lot sizes and frontage on a local street. The above example allows for future subdivision of the residual parcel to allow for urban services. This method of subdivision would need to be tracked by the municipality over time to ensure that sufficient land is preserved to allow for a subdivision layout at acceptable densities and access to allow for future urban services. No conventional lots permitted on arterial street Original farmstead Preserved for future urban development Future one-acre parcels reserved for grandchildren One acre parcel sold to son Local street Ar t e r i a l s t r e e t Traditional Rural Cluster Continue to next page Rural Cluster Development Credit: Adapted from Rural Cluster Development Guide, Southeastern Wisconsin Regional Planning Commission The Rural Cluster Development shows a more proactive approach to the preservation of land for future urban service balanced with the preservation of natural resources. The first image shows a conventional large-lot rural development which precludes the provision of urban services due to the ineffective lot layout and inefficiency of multiple or long-distance connection points to urban services. The Council has found that this style of large-lot rural development does not advance the mission of ensuring orderly and economical development in the region. Adapted from Rural Cluster Development Guide, Southeastern Wisconsin Regional Planning Commission Conventional Development Views Acres: 80 Lots: 18 Density: 1 unit per 3.3 acres Minimum lot size: 1/2 acre Common open space: 75% Rural Cluster Acres: 80 Lots: 18 Density: 1 unit per 3.3 acres Minimum lot size: 3 acres Common open space: 0% Views Note: No conventional lots are typically permitted on an arterial street. Rural Cluster v Conventional Continue to next page The second example, of a rural cluster development, preserves high amenity open space for resource protection and recreation, while ensuring a compact lot layout which allows for effective delivery of urban services. Additional urbanized development may be accommodated in the eastern portion of that site as well. The Rural Cluster Development may utilize a communal septic system until such time that urban services become available. Build-Out Plan (Ghost Platting) The Build-Out Plan, or ghost platting, is a method of master planning for future urban densities in rural large-lot subdivisions. The subdivision is organized in a way that will facilitate a transition to higher density at some future date, perhaps through the use of development or service infrastructure triggers. This is often achieved by restricting the location of buildings to avoid obstructions to future utility and roadway easements. Platting for future urban densities is achieved by establishing lines for future splits of large lots into smaller lots and dedication of rights-of-way and easements for future streets, utilities, storm water facilities, etc. This method of subdivision is another front-loading process which preserves land for future urbanization. Oftentimes, the Build-Out Plan may limit the location and size of the residential footprint to more effectively allow for future subdivision of lots. Build Through Acreages Build Through Acreages can allow for development at lower densities while preserving open space for future development through the platting process. A large outlot can be established to allow for future development at densities that can allow for urban service expansion. The outlot may also be encumbered with deed restrictions, covenants, or easements to provide the interim protection of open space and maintain subsequent triggers for development and service delivery. This method can also be useful in areas in a Rural Residential community designation that may benefit from clustering, but are still undeveloped in the conventional large-lot pattern. In these cases, it may be advisable to preserve land for future residential development if the outlot abuts land within the Council’s Long Term Service Area. Rural yield: 8 houses on ~2.5 acre lots 20 acre parcel Urban build-out yield: Each rural lot divisible into 6-8 urban lots (total 48-80) Build out density: 2.4-3.2 units/acre Ghost Platting Note: In this scenario no conventional lots are permitted on arterial street, but rather all front on local streets. Metropolitan Council 390 Robert Street North Saint Paul, MN 55101 metrocouncil.org Main: 651.602.1000 TTY: 651.291.0904 Public Information: 651.602.1500 public.info@metc.state.mn.us LOCAL PLANNING HANDBOOK pond Initial large lot homes Build-through example Potential future MF development Original outlot developed at urban densities once municipal services are available. Rural yield: 13 houses on large lots Urban yield: 157 houses on the outlot; 3.97 du/ac Build out density could include sewer extension to initial large lot houses and accomodate future multi-family development. The example below, adapted from Bismarck, North Dakota, shows an historic outlot which was subdivided into smaller lots once urban services became available to the east. Build-through diagram Original parcel boundary (approximately 80 acres) A portion of the parcel may be used for rural residential development. An additional portion of the parcel may be used for interim rural residential development if a signicant environmental or open space resource is preserved. The rest of the parcel is platted as an outlot, reserved for future urban development when municipal services are extended. (Adapted from RDG Planning & Design) March 2017 1 Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area August 2008 Background The 2030 Regional Development Framework (RDF)i indicates that land use patterns in Diversified Rural Area Communities “include a mix of a limited amount of large-lot residential and clustered housing with agriculture and other uses” (RDF p. 27). The RDF further states the communities in the Diversified Rural Area should preserve areas where post-2030 growth can be provided with cost-effective and efficient urban infrastructure and accommodate growth without prematurely requiring the provision of regional urban services. In addition, the 2030 Water Resources Management Policy Plan (WRMPP) identifies areas for post-2030 wastewater investment and service. These areas are described in the text of the document as well as illustrated in Appendix E on a map titled Regional Wastewater System Long-Term Service Areas. The existing regional wastewater treatment plants and the broader infrastructure efficiency of contiguous sewered development are predicated on a residential density ii of three units per acre or greater (WRMPP p. 54). The Council’s planning strategies for Diversified Rural Areas call for communities in those areas to have land use plans that “[a]ccomodate growth not to exceed forecasts and clustered development not to exceed 1 unit per 10 acres” (RDF p. 32). However, the results of a recent study of “flexible residential development ordinances” employed in Diversified Rural Area communities show that some communities have implemented ordinances that permit activities that are in conflict with metropolitan system plans.iii Density bonuses, large-lot development, and open space preservation ordinances sometimes permit residential development at densities that will severely limit the ability of some communities to achieve (in the future) the minimum density requirement of at least three units per net developable residential acre that is necessary for future cost-effective and efficient regional wastewater treatment services. The Council has developed guidelines for flexible residential development ordinances applied in communities in the Diversified Rural Area and identified as a Long-Term Service Area (LTSA) for regional wastewater services. These areas are essentially staging areas for future urbanization, and so development ordinances and land use patterns should reflect as much and not preclude future development on appropriate lands in those areas. A purpose of flexible residential development ordinances in these areas should be to preserve land for post-2030 growth and to accommodate the future extension of regional urban services. Communities should study and assess their landscapes to refine their development priorities. There may be areas within the community that contain an abundance of sensitive natural resources or that the community has identified as a greenway or conservation corridor. These areas may not be most suitable for future urbanization as the capability of the land to support development is low and constrained. In these cases, open space development or cluster development may be adapted to protect those resources to meet the community’s goals. These guidelines are not intended to replace the work that has been done by numerous communities and organizations in developing flexible development ordinances. Rather, these guidelines are intended to be used along with those methods and standards for the varying types of flexible development ordinances. Page 2 Guidelines for Flexible Residential Development Ordinances iv Areas immediately beyond the current urban services boundary within the LTSA are considered temporarily rural. Residential development ordinances in these areas should limit densities to one unit per 10 acres, or allow the clustering of dwellings in a manner that will reserve land for future sewered development, in addition to protecting any sensitive resources that may exist. Ordinances providing for residential clustering in the above- described areas should take the following guidelines in consideration when developing or adapting flexible residential ordinances for these areas. 1. Provide a purpose within the ordinance that describes the need to reserve land resources for efficient future urbanization when appropriate infrastructure is available to support that development. Defining the purpose and intent of any ordinance provides the local unit of government with a basis for the regulations that follow. Clearly stating that a purpose of the flexible residential development ordinance is to reserve land resources for future development will allow potential applicants to better understand the regulations as they apply to individual properties. The local unit of government may also wish to apply aspects of an open space ordinance to other areas within the community that have different characteristics that they wish to set aside or protect; this distinction should also be stated and defined within the purpose section of the ordinance. 2. Describe the characteristics of the land required for future urbanization and seek to reserve tracts of land in a size and configuration capable of supporting future development (for example, non-hydric soils, location in relation to existing development, etc.). The ordinance should define the lands that are considered “buildable,” as these lands are considered the most suitable for development. Removing lands that are restricted due to federal and state regulations, as well as any features that the local government has defined for protection or conservation, will allow the community to preserve sensitive natural features and to ensure the availability of land to accommodate future development. Density bonuses are commonly used by local communities as a means to encourage developers to use a non- conventional development ordinance. However, without specifying the types of lands that are required for future development, many communities have inadvertently encouraged large-lot development in which the private lots often consume most of the developable land and leave little remaining developable acreage available for future development. The lots within the development are often too large to efficiently extend urban-level services to the development. 3. Allow no more than 25% of the developable land in a project to be developed. For the purposes of future urbanization, larger future urbanization parcels should be reserved, limiting the cluster to a development area that a covers a minority of the area. To ensure that land is available for future development, the local unit of government should specify the maximum amount of developable land that is allowed to be used for the initial residential development. For the purposes of future urbanization, communities should limit the initial development envelope to no more than 25% of the total buildable area of the project parcel. 4. Require that the parcel(s) set aside for future urbanization be covered by a temporary development agreement or deed restriction, rather than a permanent conservation easement or other permanent restriction. In a typical open space development, with the purpose of long-term preservation of natural resources, communities usually ensure the long-term maintenance and protection of sensitive natural resources through the placement of a permanent conservation easement that is often conveyed to a trust or public entity. When seeking to reserve land for future development, however, the community should not place permanent restrictions on the capability of the land to be developed. Instead, communities should place on the future urbanization parcel temporary development agreements or deed restrictions that contain “triggers” for the removal of such restrictions. The restrictions prevent the land from being developed before urban services are available. The ordinance should also detail the “triggers,” or conditions, under which such restrictions would be removed and the parcel made available for development. Such conditions may include the rezoning of the parcel, a change in the comprehensive plan, and the provision of urban infrastructure and utilities, among others deemed appropriate by the local unit of government. Page 3 Portions of the development that are designated as undevelopable or are to be set aside for recreational use or conservation purposes, on the other hand, should be either dedicated to the public or covered with a permanent conservation easement or permanent deed restriction. 5. Provide for the rezoning of the future urbanization parcel to a residential zoning classification at densities consistent with Council policy at such time that urban services are available to the parcel. To ensure the efficient utilization of urban services, communities should allow for the rezoning of the future urbanization parcel to densities that, at a minimum, are consistent with Council policy. This rezoning should only occur in conjunction with or after the provision of urban services, when the land is served by the infrastructure required to support higher density uses. 6. Encourage the use of community wastewater treatment systems to serve the temporary cluster and to allow for smaller lot sizes within the development. Clustering homes on smaller lots facilitates the connection of those homes to future sewer services and ensures that these services are being efficiently and economically utilized. These small lot sizes, however, are often too small to provide the necessary space for individual sewage treatment systems on each lot, in addition to a back-up site in case of primary system failure. Using a community treatment system resolves that issue: by employing a shared drainfield located in a common open space area, individual lots no longer need to be large enough to accommodate two on-site septic treatment sites. The use of smaller lot sizes will not only facilitate future connection to sewer services, once they become available, but also will reserve more developable land for future development. i This memorandum references the online versions of the 2030 Regional Development Framework (as amended through December 14, 2006), the 2030 Water Resources Management Policy Plan (with revised forecasts as of January 9, 2008), and the Local Planning Handbook. ii The Council defines “residential density” as the “number of dwelling units per net residential acre of land” (WRMPP p. 111). For planning purposes, the Council uses a standard calculation of net developable acres and net density to measure a community’s capacity to accommodate residential development. The minimum density requirement is three units per net developable residential acre. Net residential acreage is calculated by subtracting from gross acres wetlands and water bodies, public parks and open spaces, arterial road right-of-way, and natural and other resources mapped and protected by local ordinances and in the comprehensive plan update. (Local Planning Handbook p. 3-5) iii Under Minnesota Statutes sections 473.858, subdivision 1 and 473.865, subdivision 2, a local governmental unit cannot adopt any official control of fiscal device which is in conflict with its local comprehensive plans “or which permits activity in conflict with metropolitan system plans.” Official controls are: ordinances and rules which control the physical development of a city, county, or town, or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps. (Minn. Stat. § 473.852, subd. 9) The “metropolitan system plans” are the “transportation portion of the Metropolitan Development Guide, the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space.” (Minn. Stat. § 473.852, subd. 8) iv Minn. Stat. § 473.854 authorizes the Council to “prepare and adopt guidelines and procedures relating to the requirements of sections 462.355, 473.175, and 473.851 to 473.871 [the Metropolitan Land Planning Act] which will provide assistance to local governmental units in accomplishing the provisions of [the Act].”