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HomeMy WebLinkAbout8E MUSASTAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: 8E FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF POLICY REGARDING AMEND COMPREHENSIVE PLAN TO INCLUDE METROPOLITAN URBAN SERVICE AREA (MUSA) DECEMBER 19, 1994 REQUESTS TO LAND IN THE BACKGROUND: DISCUSSION: ISSUES: FBAG8E,WRT City staff periodically receives requests from individuals owning property on the "fringe" of the MUSA inquiring as to when and whether sewer service will be available to their property. When service is available only through trunk sewer extension, the response is typically that service will not be available until the 2010 plan is approved or thereafter. In those instances, however, where sewer service can be rendered through extension of existing lateral lines a different policy may be appropriate. This report proposes such a policy. We have received a request from a property owner who owns approximately fifteen acres on the MUSA "fringe" and whose property can receive sewer service through extension of the adjacent lateral sewer line. That individual has asked about the city's policy with respect to such extensions. To date the city has not had a written policy on this subject. In my November 4 Update to Council I enclosed a memorandum from acting Planner, Blair Tremere, to the Development Review Committee which proposed a policy to address this issue. The Development Review Committee reviewed the policy and concurred that it would be appropriate for Council consideration. The one questi;:)n with respect to this policy is the type of precedence it creates. Staff has estimated that there may be as many as ten parcels within the community that might meet this criteria. It is likely, however, that only a fraction of those individuals would take advantage of the policy since the property owner would have to be interested in developing the property and would have to pay all costs associated with his petition and comprehensive plan amendment. Finally, the city cannot guarantee that the Metropolitan Council will approve the comprehensive plan amendment request. The proposed policy does provide a methodology whereby the city can take a rational position with respect to such lateral sewer extensions. This policy promotes orderly development of the community. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: It could be argued that additional development made possible by this policy will increase the city's maintenance responsibilities which was the initial reason for preparing this policy. It seems to me that the amount of land which may be developed is minimal. One final note is appropriate. Wensmann's property next to Mushtown Road is less than 20 acres. Therefore, it would become eligible to this policy under the second sentence in policy criteria 1. Council has the following alternatives: 1. Adopt the policy as proposed. 2. Adopt the policy with revisions. 3. Table or deny the policy. Alternative #1 Motion and second to adopt the policy as attached. Acting Planner Tremere will be unable to attend the meeting, if you have questions on this agenda item I would appreciate it if you would forward them to Deb Garross or me before the meeting so that we can research the issue and provide you with an informed response at the meeting. FBAG8E.WRT FB:db -2- BTLT3 9 POLICY RELATING TO REQUESTS TO AMEND COMPREHENSIVE PLAN TO INCLUDE LAND IN THE METROPOLITAN URBAN SERVICE AREA Adopted: December 19, 1994 BACKGROUND The City Council has concluded that there should be a formal policy to assist land owners, prospective developers, and the City Staff (MUSA) in determining what land, if any, can be included in the Metropolitan Urban Service Area where the location of the property on the "fringe" of the MUSA suggests that sewer service may be available by means of a gravity lateral line extension and without trunk sewer and/or water modification. PURPOSE The purpose of this Policy is to provide standards and criteria for land owners and prospective developers that the City will consider in evaluating requests to amend the Comprehensive Plan to include property in the MUSA. It is beyond the scope of this policy to address criteria and policies regarding the extension of trunk sewer facilities to serve areas by expansion of the MUSA. STANDARDS AND CRITERIA The minimum land area be served shall be 20 acres. Less land may be considered upon findings by the City Council that inclusion is warranted due to reasons of topography, abutment to the municipal boundary where annexation is not feasible, and demonstration that all other criteria are met. The land shall be contiguous to property currently serviced by public sanitary sewer. Land shall not be skipped over, passed by, or "leap-frogged" in order to accommodate properties that are not contiguous to serviced land in the MUSA. The sewer service to the property must be by gravity lateral sewer lines that do not require any extensions of trunk sewer facilities. The cost of extending lateral sewer lines to and into the property shall be borne solely by the proponent. The Petition to the City to amend the Comprehensive Plan shall be made by the land owner or by a party whom the land owner has designated in writing. The Petition shall include the necessary information including engineering documents that clearly show how the land will be serviced in accordance with this policy and how the property can be platted and developed in accordance with applicable City regulations and plans. Proposals shall be evaluated as to their merit as in-fill developments which will effectively utilize existing capacity of sanitary sewer facilities in the Metropolitan Urban Service Area. CONCLUSION Any comprehensive plan amendment approved by the City Council under this Policy must be affirmed by the Metropolitan Council or shall become null and void.