(1) Applicability. This chapter applies to all guided property on the 2030 Future Land Use Plan that is not currently within the Metropolitan Urban Service Area (MUSA).
(2) Legislative findings and purpose.
a. The City Council finds and declares the following:
1. A measure of sustained, balanced growth is desirable and necessary for the continued viability of the community.
2. A staging plan has been prepared defining development staging areas sized to accommodate forecasted growth in its 2030 Comprehensive Plan update.
3. A reasonable amount of staging flexibility is desirable since certain areas of the City may develop at different rates than forecasted.
4. The health, safety and general welfare of the City’s citizens is dependent on the continued availability of essential public facilities and services for forecasted growth.
5. The City’s quality of life is dependent on its ability to provide essential services at anticipated quality and quantity levels.
6. Essential resources, facilities and services include the following:
(a) Municipal water system.
(b) Municipal wastewater treatment.
(c) Law enforcement.
(d) Fire protection facilities, equipment and services.
(e) State and local roads.
(f) Drainage systems.
(g) Staff and administrative capacity to conduct permitted and construction supervision processes.
(h) Community facilities including parks, recreation and senior services.
(i) Other resources, facilities or services as determined by the City.
b. General provisions.
1. The City will monitor the land within its urban service area and report on an annual basis to the Planning Commission and City Council the estimated amount of vacant land available within each land use category and the amount of developed but vacant residential lots. This reporting will be used by the City Council in reviewing the status of available land when considering opening a new staging area.
2. The City Council, based on recommendation from the Planning Commission, shall determine by resolution when a staging area is to be added to the urban service area and therefore opened to development.
3. The City Council’s decision to extend urban services to or within a staging area is discretionary in nature giving the City the ability to open or not open a staging area, based on the following criteria:
(a) Whether the urban service area expansion is in the spirit and intent of the Comprehensive Plan. Expansion of an urban service area may vary from the priority order as indicated on the Staging Plan of the 2030 Comprehensive Plan, if the City Council determines that to vary the order better represents the spirit and intent of the Comprehensive Plan.
Any urban service area expansions that are proposed for approval prior to the projected date in the Staging Plan of the Comprehensive Plan will require a Comprehensive Plan amendment as required by the Metropolitan Council.
(b) Whether there is an adequate supply of vacant land or vacant developed lots for each land use category already in an available urban service area before opening a new staging area. Stage areas/years in different growth areas (southeast, northeast and northwest) will be considered independently of one another to prevent the same staging years in 1 portion of the City affecting the opening of the same staging year in another part of the City. For the purposes of this section, a vacant land supply consisting of 50% of the current staging year that is vacant at the time of review will generally be considered adequate for each land use category, unless otherwise determined by the City Council.
(c) Essential resources, facilities and services are available to support development in the new urban service area.
(d) Essential resources, facilities and services will be considered available if they are not currently available but will be provided as part of the urban service area expansion. The City Council may require appropriate analysis to determine if adequate resources, facilities and services will be available in a proposed urban service area expansion including, but not limited to, infrastructure studies, services studies and funding analysis.
(e) The level of funding of commitment, participation from private parties for any necessary infrastructure and service expansions.
(f) The level of commitment, including regulatory approvals and/or funding from other levels of government that are necessary or desirable for urban service area expansion.
(g) The impacts of the proposed urban service area expansion on the City budget and ability to provide services.
(h) The impact of the proposed urban service area expansion on the health, safety and general welfare of the City’s existing citizens.
(i) Environmental impacts of the proposed urban service area expansion.
4. Residential building permit allocation. There shall be no annual limits on total number of residential building permits for new unit construction issued unless the total number of residential building permits hits 200 units within a year. At that time, the following 2 years shall be limited to a maximum 200 residential building permits per year subject to the following criteria:
(a) Total permits refers only to the issuance of building permits for construction of actual housing units but does not limit the number of units approved through a final plat. There shall be no limits on the amount of actual platted lots approved within a calendar year.
(b) Single family residential units shall count as 1 unit. Attached multifamily, including townhomes, shall count as 0.5 for each unit. Rental apartments are excluded from the total.
(c) No single development project shall be awarded an entire year’s total number of residential building permits, unless otherwise approved by the City Council. This requirement is intended to:
i. Avoid or minimize potential monopoly price effects;
ii. Promote timely development; One project often will not be able to build all available lots in 1 year;
iii. Promote housing diversity;
iv. Avoid inefficient concentration of infrastructure expansion that could impede financial return on investments elsewhere in the City;
v. Distribute impacts of development.
(d) At any time the City Council has discretion to consider increasing the limit of residential building permits using the criteria in section (2)b.3. above.
(e) This residential building permit allocation shall take effect January 1, 2011 and expire on December 31, 2016.
(f) City staff is required to present to the City Council the number and location of permits once 75% of the annual permit allowance are issued.
5. Parcels located on the fringe of a staging year will be considered on a case by case basis.
(Ord. 2010-24, passed 12-14-2010)