09-14-2009 Council Work Session Packet

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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. ' 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 Nandbook. " The Council defines "residentiai density" as the "number of dweliing 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 densiry 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. (Loca! Planning Handbook p.3-�) "` 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 a�d 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) '� 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 pro��isions of[the Act]." Page 3