05-18-1998 Planning Packet - Laserfiche WebLink

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Wetland Credit Zoning Amendment May 7, 1998 Page 4 If the goal was to allow a higher degree of development on sewered properties with weilands to help justify urban single family lot size minimums of 1/2 acre and 1 acre when the urban norm was 1/4 or 1/3 acre, then the credit may provide some relief to a property that might otherwise be unbuildable or not subdividable. Yet, this would in some cases conflict with the subdivision code definition of Minimum Lot Area as noted above. Will this amendment result in further density limitations that make it even more difficult for any developer to provide a range of housing altemati'. es (affordable, life-cycle, etc.) in Oreno's environment of high-priced land? Conformity Status of Previously Credited Properties Some properties which are conforming as to lot area under the current code will become non- conforming under the proposed revision. The amendment is worded such that all properties which have been granted wetland credit towards lot area or density in the past would henceforth be considered as 'legal nonconforming’. However, new subdivisions created after adoption of this amendment shall not be granted the wetland credit, and only those existing undeveloped lots of record which were specifically granted the wetland credit previously, maj use the wetland credit henceforth. It is possible that vacant lots created using the wetland credit arc still remaining to be built on; the intent is that those lots do not require a lot area variance merely as a result of this ordinance. Note that staff has not attempted to search through the nearly 30 years worth of subdivisions and building permits which might have taken advantage of the credit, as this would take a significant amount of effort. Proposed Amendment The attached proposed amendment eliminates the crediting of wetlands toward density credit, but continues to allow the crediting of flood fringe lands for lakeshore properties when such flood fringe is not wetland. This would then allow the continued lot area credit for the area between the 929.4' OHWL and tlic 931.5' 100-year Flood Elevation on Lake Minnetonka, for instance, but only if that area does not meet the definition of wetland. The proposed amendment also accomplishes the following; 1.Declares that all properties that were formally granted the wetland credit in the past will henceforth be considered as legally nonconfonning. 2. Allows wetlands to be credited toward the extra 50% area requirement for back lots.