09-19-2016 Planning Commission Packet

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16-3855 - September 14,2016 Page 4 of 10 higher-density guiding of a select number of strategically located properties established a numerical `buffer' which allowed properties previously added to the MUSA and guided/planned for 2-acre minimum lot sizes, to be developed as historically planned. Problematic for the immediate future is that in recent months two of those properties guided for higher density development have been re u� ided via amendments of the CMP to lower densities, and in fact the `buffer' established in the 2008-2030 CMP has functionally been eliminated. In order to re-establish the buffer, Orono must reguide additional property for higher density. In the meantime, any new proposed developments with density less than 3.0 units per acre and involving connection to or extension of the sewer system, will not be approved by Met Council. Non-approval means that they will not allow MPCA to issue permits for those sewer extensions. The City Council is currently in the process of reviewing this issue. One application for reguiding a property in Navarre for higher density has been approved by the City Council and is pending Met Council approval. It is anticipated that action to reguide additional properties for higher density will be forthcoming in the near future. It is clear that the applicants' proposed subdivision overall will not meet the 3.0 units per acre threshold. Even if this was to be considered as two distinct subdivisions as the applicants have suggested (i.e. an RPUD element and a 2-acre subdivision element), neither would meet the 3 units per acre threshold. Therefore until the City re-establishes the density buffer, sewered development at densities less than 3 units per acre is at a temporary standstill. Conformity with Zoning District Lot Requirements The property is currently zoned LR-lA, Lakeshore Residential District, which allows for single family residential uses with a minimum lot size of 2 dry buildable acres. Under the current zoning, the property could likely be developed with no more than 8-10 total lots. Development of the property with lot sizes less than 2 acres in area requires a rezoning. Additionally, the portions of the property within 1000 feet of the OHWL of Long Lake and within 300 feet of Dickeys Lake Creek are within the Shoreland Overlay District. Approximately 23 acres of the 27-acre site are within the Shoreland Overlay District. The applicants' narrative suggests that the portion of the property in the "Shoreland Overlay Zone" would remain LR-lA, and the property outside the "Shoreland Overlay Zone" would be rezoned to RPUD. However, it appears that what the applicants really mean by the "Shoreland Overlay Zone" is the portion of the property that is less than 250 feet from the OHWL where RPUD rezoning is not allowed. Neither the Shoreland Overlay District nor the 250' `RPUD prohibited' zone are accurately depicted on the sketch plan submitted. See staff sketch, Exhibit G. Excerpt from 78-626(1): "No properry located within 250 feet of the ordinary high water level(OHWL) of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met." In relation to the RPUD standards, there are specific guidelines for detached single family development in Zoning Code Section 78-626(8). Section 78-626(16) provides for flexibility in RPUD standards. The application narrative suggests that minimum lot standards for the RPUD portion of the development will be met; a cursory review of the 18 lots that are smaller than 2 acres confirms that minimal if any flexibility would be required.