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HomeMy WebLinkAbout13. Interim MUSA Policy'.4 City of Rosemount Executive Summary for Action Planning Commission Meeting Date: September, 8. 1992 Agenda Item: Interim Policy for Metropolitan Urban Service Agenda Section: Area (MUSA) Expansions DISCUSSION Prepared By: Lisa J. Freese Agenda No. Director of Planning ITEM #13 Attachments: Metropolitan Council Interim Policy. Approved fig ¢ — On June 25, 1992, the Metropolitan Council adopted an "interim policy" for reviewing local comprehensive plan amendments requesting an expansion to the Metropolitan Urban Service Area (MUSA). This policy will be used by the Metropolitan Council to review MUSA expansion requests until the Metropolitan Development and Investment Framework (`MD1F) and the Water Resources Management Plan, Part I are updated. These updates should be completed in 1994. According to the Metropolitan Council, the interim MUSA expansion policy is not new and simply reflects existing policies for expanding the MUSA. However, policies affecting plan amendments requesting MUSA expansions are 'currentiy scattered throughout several Council documents. The interim policy identifies all those policies that are relevant to MUSA expansion requests. At your meeting on Tuesday, I will present a brief overview of this interim policy. It is important for all of us to have an understanding of the policies by which. our plan will be evaluated, as we fine tune the guide plan update. 11 Recommended Action: NONE 11 11 Planning Commission Action: A�L METROPOLITAN COUNCIL Mears Park Centre, 230 Fast Fifth Street, St. Pard, MN 55101-1634 612 291-6359 FAX 612 291-6550 77Y 612 291-0904 July 20, 1992 Dear Local Government Official: On June 25, 1992, the Metropolitan Council adopted an "interim policy" for reviewing local comprehensive plan amendments requesting an expansion to the Metropolitan Urban Service Area (MUSA). A copy of this policy is enclosed for your convenience. This policy will be used by the Metropolitan Council to review MUSA expansion requests until the Metropolitan Development and Investment Framework (MDM and the water Resources Management Plan, Pan I are updated. These updates should be completed in 1994. The enclosed interim MUSA expansion policy is not new and simply reflects existing policies for expanding the MUSH. However, policies affecting plan amendments requesting MUSA expansions are currently scattered throughout several Council documents, making it difficult for local governments to readily access them. The enclosed interim policy should make it easier for local governments to find relevant Council policy regarding MUSA expansion procedures. If you have questions about the enclosed interim MUSA expansion policy, contact Barbara Senness (291-6419) or Steven Schwanke (291-6594). Sincerely, Mary Anderson Chair MEA\kp Enclosure RECEIVED AUG 101992 CITY OF RUSU MOUNT CC INTERIM POLICY FOR REVIEWING METROPOLITAN URBAN SERVICE AREA EXPANSION REQUESTS July 1, 1992 Steven Schwanke Metropolitan Council Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101 Publication No. 640-92-080 I. INTRODUCTION Council staff is aware that several local governments are preparing comprehensive plan amendments that may propose MUSA expansions to accommodate development beyond the year 2000 timeframe of the Metropolitan L)evelopment and Investment Framework (MDIF). Council staff is recommending the adoption of an interim strategy for local government MUSA expansion requests. The strategy is based on the following: (1) the Council has no policy basis for entertaining MUSA requests beyond the year 2000; (2):the Council is in the beginning of several major policy studies that could dramatically change the delivery of future regional facilities and services; and (3) there is the question of fairness and equity for local governments who recently processed year -2000 MUSA expansion requests and the need for a consistent approach to future MUSA expansion requests. If adopted by the Council, the MUSA expansion strategy will be used by staff as we discuss proposed plan amendments with local governments on an informal basis. It will also be used to formally evaluate and prepare staff reports on plan amendments submitted for Council review. The interim strategy affirms existing Council policies. Only year -2000 MUSA expansions that have no impact on metropolitan system plans and do not substantially depart from Council system plans should be considered by the Metropolitan Council. The interim strategy includes several options for local governments who want to plan facilities and services for a post year -2000 period. It is proposed that the Council use this strategy to guide MUSA expansion decisions until several policy studies are completed and the AIDIF is updated. II. THE NEED FOR AN INTERIM MUSA STRATEGY Three reasons exist for the Council to adopt an interim MUSA expansion strategy. The First is the lack of a policy basis for responding to post year -2000 MUSA expansion requests. In our informal discussions with local governments, Council staff is aware of several cities preparing major updates to their comprehensive plans. These future plan amendments may contain MUSA expansion requests with a planning horizon beyond the year 2000. The upcoming release of the Council's new forecasts may prompt some 'post year -2000 requests. However, the Council uses forecasts as only one of several criteria for considering MUSA expansion requests. Other criteria include whether sufficient regional and local services exist to support land development and the local government's rural density and special assessment policies. At the present time, the Council has no policy basis to approve a plan containing a beyond the year 2000 MUSA. Council policies are based on year 2000 forecasts and are directed to the Council's vision for the year 2000. A post year -2000 MUSA request may force the Council to prematurely act on several important issues and make service and facility commitments without a sufficient policy framework. A second reason for an interim MUSA strategy is the Council's ongoing policy work. The Council is currently engaged in several studies that consider the fiscal and environmental aspects of providing future regional facilities and services. Many of these studies will provide the policy framework for future Council decisions on regional services and facilities. The studies include, but are not limited to, the following: The Metropolitan Council uses the following criteria to evaluate whether additional land is needed to accommodate urban development when a local government requests a metropolitan urban service area expansion or change in its urban service area boundaries as part of a comprehensive plan amendment. Three~ criteria exist and can found on pages 54 - 57 of the MDIF. 1. Increasing the size of an urban area: The Metropolitan Council will not agree to expand a local urban service area unless there is demonstrated regional need and adequate capacity available in the metropolitan sewer and highway systems. If the regional facilities are inadequate and metropolitan investments would be required immediately in order to honor service area commitments to other local governments, the Council will deny the expansion based on the land planning act criteria that the request represents a substantial impact on or departure from metropolitan system plans. If regional facilities would be inadequate by the year 2000 or any updated target year, the .Council will deny the request on the same basis. If the local government's land supply is below or approaching the five-year overage and regional facilities are adequate, the Council will agree to a service arca expansion. 2. Changing the confieuration of an urban service area: The Metropolitan Council will consider land -trade proposals involving vacant, developable land adjacent to the urban service area provided metropolitan systems are not adversely affected. 3. Incremental changes to the urban service area: The Metropolitan Council will review a series of incremental changes to a local urban service area only if the affected local government analyzes how the total number of proposed changes will affect regional forecasts and system plans and operations. If regional facilities are adequate and no metropolitan agency investments are required, the Council may agree to the urban service area expansion, provided that the: following conditions are met: a. The local government's rural area densities are consistent with Council policy; b. Local timing and staging corresponds to allocated usage rather than design capacity; C. The local government has an up-to-date comprehensive sewer plan, including on-site sewer management; and d. The local government has assessment practices that limit creation of vested development rights. IV. POLICY BASIS FOIL AN INTERIM STRA'T'EGY ON MUSA EX'T'ENSIONS The Council has 'sufficient legislative and policy authority to develop and implement an interim strategy on MUSA extensions. Below is a brief summary which highlights the Council's legislative authority and policy basis supporting the timing and staging of MUSA extensions and supporting regional facilities and services. 3 the year 2000. The Council will, however, continue to entertain MUSA expansion requests based on Council population, household and employment forecasts for the year 2000. Criteria For Reviewing Year 2000 MUSA Expansion Requests Year 2000 MUSA expansion requests that are based on Council year 2000 forecasts and do not have a substantial impact on or departure from a metropolitan system plan will be approved by the Council. The Council will require local communities to modify any year 2000 MUSA expansion request that has a substantial impact on or departure from metropolitan system facilities and plans. The Council will require that a local community modify its comprehensive plan to reduce the MUSA expansion request to within planned facility and service capacity limits. A local government plan may.include a "substantial departure" from metropolitan system plans if the local plan proposes a level of development and regional services which is substantially inconsistent with the level of development and regional services outlined in the metropolitan system plans. An example of "substantial departure" might be a local government planning for greater sanitary sewer flows than the Council has planned for in a metropolitan system plan. The result is an immediate departure from the system plan that may not result in an immediate facility impact. However, a future system impact may be avoided when local government land development decisions are timed and staged in accordance with planned capacities of regional services and facilities. For purposes of this interim strategy a "substantial system impact" occurs when all land within the MUSA including any proposed expansion of the MUSA would at full development would have the potential to have a 'substantial negative effect on the operation of a metropolitan system such as the metropolitan sanitary sewer system. An example of "substantial system impact" might be. proposed development that will generate sanitary sewer flows beyond the capacity of an existing sewer facility, or generate more traffic than an adjacent roadway or interchange can accommodate. Cities submitting a year 2000 MUSA expansion request must principles found on pages 54 - 57 of the AfDIF. These principle urban land, land trade proposals, and incremental changes to the these, the local government must demonstrate that its: rural a Council policy; local timing and staging of urban area correspon design capacity; sewer plan is current; assessment practices limit rights. Existing Facility Constraints meet existing MUSA expansion s include demonstrating need for urban service area. For each of rea densities are consistent with ds to allocated usage rather than creation of vested development It is possible that the Council may not be able to approve a year -2000 MUSA expansion request because of facility and service constraints. The recent plan amendment by the city of Chaska is a good example. The city recently submitted a plan amendment requesting a 100 -acre addition to its year -2000 MUSA. The Council required the city to modify the plan amendment to delete the MUSA expansion request because the Chaska wastewater treatment plant is near its ,hydraulic and organic loading capacity. The Council could not adopt the 100 -acre MUSA expansion because of a system impact based on limited sewer capacity, and because the city had an excess of urban land available in its existing year -2000 MUSA. that the Council will consistently and fairly apply current policy when addressing local government MUSA expansion requests. VIII. RECOMMENDATION That the Metrop6!litan Council adopt this report as its strategy for reviewing proposed MUSA expansions until new policies are adopted as part of the MDIF and Water Resources Management Plan, Part 1 update. 7