Agenda - Council - 01/08/2002 - Laserfiche WebLink

Home

I I I I I I I I I I '1 I :1 I I I I I I CASE # PROPOSED ORDINANCE TO ESTABLISH DENSITY TRANSITION STANDARDS FOR NEW RESIDENTIAL DEVELOPMENT By: James E. Norman, City Administrator Background: The purpose of the Charter amendment that requires a transition between new and existing residential development of differing densities is to mitigate the impact new, higher density residential development may have on adjacent lower density neighborhoods. A subcommittee dealing with issues related to Chapter 9 of the City Code of Ordinances met between July and November 2000, to discuss the proposed Density' Transition Ordinance language. On November 14, 2000, the City Council introduced an ordinance to establish density transition standards between existing and new residential development. The ordinance failed to receive the necessary amount of votes to pass during the regular meetings on December 12 and again on December 19, 2000. In January 2001, the City Council discussed density transition language in work sessions utilizing the services of Loren Gordon of HKGi. Changes were made from the direction guided at the Council work session and language was once again presented to the Council on February 13, 2001. The motion to introduce the ordinance was made, however, died for lack of a second to the motion. ~ The City received a petition for a referendum to adopt an ordinance establishing density transition performance standards on 'February 16, 2001. The City Attorney was directed to review the petition for legality and consistency with State law by utilizing the services of James Thomson, an attorney with the law firm of Kennedy & Graven. On March 27, 2001, James Thomson provided his analysis and opinion to the City Council. It was Mr. Thomson's opinion that the petition was manifestly invalid and, therefore; the Council would not be required to submit the issue to the voters for an election. The Council received the Thomson legal opinion dated March 23,200 l, and chose to take no further action regarding the request for a referendum vote. The Council also accepted the legal opinion of Floyd B. Olson, of Kennedy & Graven, dated April 15, 1998. His opinion addressed a Charter amendment issue adopted September 22, 1997, which attempted to control the density of residential development within the City. Mr. Olson stated that the Charter amendment (Section 14.2) would be declared invalid in the event of a challenge. The City Council emered into facilitator-led discussions of the Comprehensive Plan and Density Transition Ordinance, with Larry Bakken during the months of July through November 2001. During the final session with the facilitator on November 26, 2001, the Council provided final direction for a Density Transition Ordinance (attached to case). -185-