HomeMy WebLinkAbout#14 VLDR VMX Zoning Text Amend STAFF REPORT
DATE: 5/16/2017
REGULAR
ITEM #: 14
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: V-LDR/VMX Zoning Text Amendment
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
At its last meeting, the Council tabled consideration of a Zoning Text Amendment which proposed
creation of a V-LDR – Village Low Density Residential zoning district and minor amendments to the
VMX – Village Mixed Use zoning district
ISSUE BEFORE COUNCIL:
The Council is being asked to review a proposed Zoning Text Amendment creating standards for the V-
LDR zoning district and making minor amendments to the VMX zoning district standards.
PROPOSAL DETAILS/ANALYSIS:
Please see attached item from last meeting’s packet.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Adopt Ord. 08-175 as proposed.
• Amend Ord. 08-175 and adopt as amended.
• Deny adoption of Ord. 08-175.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council adopt Ord. 08-175, approving an
amendment to Article XIII: Village Mixed Use Districts, creating a Village Low Density Residential
Zoning District and amending standards for the Village Mixed Use zoning district:
“Move to adopt Ord. 08-175, approving an amendment to Article XIII: Village Mixed Use Districts,
creating a Village Low Density Residential Zoning District and amending standards for the Village
Mixed Use zoning district.”
City Council Meeting
5/16/2017
Page 2
If Council adopts the above ordinance amendment, Staff also recommends that the Council adopt
Resolution 2017-041 approving summary publication of Ord. 08-175.
“Move to adopt Resolution 2017-041 approving summary publication of Ord. 08-175.”
ATTACHMENTS:
• Item from May 2, 2017 meeting packet
STAFF REPORT
DATE: 5/2/2017
REGULAR
ITEM #: 11
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: V-LDR/VMX Zoning Text Amendment
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
During the Planning Commission meeting on November 14, 2016, there was discussion regarding the
need for a Village Urban Low Density (V-LDR) zoning district for areas guided for Village Urban
Low Density on the Comprehensive Plan’s Land Use Map, as no zoning districts currently allow the
density designated for this Land Use (1.5-2.49 units per acre).
Staff drafted an ordinance which created the V-LDR zoning district, setting forth standards. The
zoning district was drafted to be included in Article XIII – Village Mixed Use District of the Zoning
Code. Staff and the Planning Commission also took the opportunity to make amendments to
standards of the Village Mixed Use (VMX) zoning district.
The Planning Commission reviewed the draft ordinance at its January 23, February 13, February 27,
March 27, April 10 (public hearing), 2017 meetings, and made recommendation on the proposed
ordinance amendment at its April 24, 2017 meeting.
ISSUE BEFORE COUNCIL:
The Council should review and consider adoption of an ordinance amendment to Article XIII – Village
Mixed Use of the Zoning Code, creating a V-LDR zoning district and making amendments to the VMX
zoning district.
PROPOSAL DETAILS/ANALYSIS:
The following describes a summary of the V-LDR zoning district as well as amendments to the VMX
zoning district standards. Because the ordinance amendment was discussed over a number of meetings,
only the latest Planning Commission Staff Report, attachments, and meeting minutes are included in the
attachments to this report.
V-LDR Zoning District.
• Purpose and District Description is added, defining density as 1.5-2.49 units per acre.
• Lot Dimensions and Setback Requirements.
o The minimum lot size of the V-LDR zoning district is proposed as 9,000 square feet in
size, as this is slightly increased from the minimum lot size of the Urban Low Density
Residential zoning district (8,000 square feet) due to a slightly lower density. This is also
City Council Meeting
5/2/2017 Regular Agenda item #11
Page 2
the minimum lot size in the Golf Course Community zoning district. The minimum lot
width (70 feet) is also slightly longer than and maximum impervious surface (35%) is
slightly less than the Urban Low Density zoning district (60 feet and 40%, respectively)
due to larger lots. Accessory structure setbacks from the Urban Residential zoning districts
were added, as well as the provision that garages may not exceed more than 60% of the
entire principal façade.
• Setbacks from County Roads. 30 foot setbacks are proposed for residential homes within the V-
LDR for reasons outlined in the April 24, 2017 Planning Commission Staff Report.
• Village Open Space Overlay District. A provision was added to protect lots from encroaching the
buffer areas within the Village Open Space Overlay District but also allowing an alternative to this
requirement if berming or screening is provided and protected by landscape easement.
• Sidewalks and/or Trails to Connect Cul-de-Sac Bulbs to roads or trails.
• Lake Elmo Theming Study Elements to be incorporated where applicable.
• Minimum House Size is added. This is a requirement that is within all residential zoning districts of
the Zoning Code.
VMX Zoning District.
• Density. Defines that development shall occur at a density of 6-10 units per acre and adds language
from the Comprehensive Plan which allows density to increase to 16 units per acre for senior
congregate care facilities with a conditional use permit.
• Single-family detached and two-family dwellings are conditional uses.
o Previous language indicated that existing single-family detached and two-family dwellings
are permitted within the VMX. Upon rezoning, either a use needs to be permitted,
conditional or interim, or it becomes legal non-conforming (and therefore subject to the
City’s Non-Conforming Uses and Structures Ordinance). Therefore, better language was
needed to both recognize existing single-family detached and two-family homes within the
VMX district as well as allow for additional single-family homes provided the use is
compatible with the existing neighborhood.
o Staff and the Planning Commission believe the best way to accomplish this is to make them
a conditional use within the VMX. A conditional use permit would require that the
Planning Commission and City Council make the required findings for a conditional use
permit that the proposed single-family detached or two-family dwelling meet the
provisions outlined in Section 154.106: Conditional Use Permits, attached to the attached
Planning Commission Staff Report dated April 24, 2017.
o This would result in existing single-family detached and two-family dwellings not needing
a conditional use permit unless they were to expand. New single-family detached and two-
family dwellings would require a conditional use permit.
• Other Residential Uses are changed from permitted to conditional uses.
o The Commission recommended that all other residential uses, including live-work units
and group homes be conditional, rather than permitted uses. The City Attorney was
consulted regarding amending group homes to be conditional uses and has stated that group
homes as defined by Minn. Statute are required to be permitted in cities.
• Automobile Parts/Supply are changed from permitted to conditional uses.
o The Planning Commission recommended this, as all other Automotive/Vehicular Uses are
conditional uses.
• Setbacks. Setbacks standards are proposed to meet the prevailing front yard setback of a block or
maximum setback of 20 feet, whichever is less. This is to reflect the Lake Elmo Design Standards
and Guidelines Manual.
• Veterinary Services Standards. The Commission requested that standards be added to veterinary
services in order to help prevent large animals from being treated in the Village area.
City Council Meeting
5/2/2017 Regular Agenda item #11
Page 3
Planning Commission and Public Hearing. The proposed ordinance includes changes recommended by
the Planning Commission. Comments from the public hearing included concern over the density associated
with the VMX zoning district. The Planning Commission made the following findings of fact in regards to
the proposed ordinance:
1. That certain areas of the Old Village are guided for Urban Low Density Residential in the Land
Use Plan of the Comprehensive Plan, which designates a density of 1.5-2.49 units per acre.
2. That there currently does not exist a Village Low Density Residential zoning district which has a
density of 1.5-2.49 units per acre within the Zoning Code.
3. That the Village Low Density Residential zoning district is being proposed due to the imminence
of the Gonyea West Development, which is expected to be proposed to be located within the Old
Village in an area guided for Village Low Density Residential.
4. That the Planning Commission would be interested in exploring increased densities within the
Old Village as an amendment to the Comprehensive Plan.
The Planning Commission recommended adoption of Ord. 08-175 with an affirmative vote of 7-0.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Adopt Ord. 08-175 as proposed.
• Amend Ord. 08-175 and adopt as amended.
• Deny adoption of Ord. 08-175.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council adopt Ord. 08-175, approving an
amendment to Article XIII: Village Mixed Use Districts, creating a Village Low Density Residential
Zoning District and amending standards for the Village Mixed Use zoning district:
“Move to adopt Ord. 08-175, approving an amendment to Article XIII: Village Mixed Use Districts,
creating a Village Low Density Residential Zoning District and amending standards for the Village
Mixed Use zoning district.”
If Council adopts the above ordinance amendment, Staff also recommends that the Council adopt
Resolution 2017-041 approving summary publication of Ord. 08-175.
“Move to adopt Resolution 2017-041 approving summary publication of Ord. 08-175.”
ATTACHMENTS:
• Ord. 08-175
• Summary Publication Resolution 2017-041
• V-LDR/VMX Item from Planning Commission Meeting Packet dated 4/24/2017
• Planning Commission Meeting Minutes 4/24/2017 pertaining to V-LDR/VMX
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-176
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO
SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following
properties to be rezoned from GB – General Business to VMX – Village Mixed Use:
PIDs:
1302921230055 1302921320001 1302921320052 1302921210010 1302921120013
1302921230057 1302921230038 1302921320026 1302921320012 1302921120010
1302921230058 1302921230037 1302921230007 1302921240022 1302921120016
1302921320021 1302921320019 1302921320046 1302921220007 1302921120012
1302921230068 1302921210013 1302921230059 1302921220023 1302921120009
1302921320025 1302921210014 1302921310017 1302921220018 1302921120011
1302921230070 1302921210011 1302921210016 1302921220016 1302921120015
1302921320049 1302921210012 1302921310016 1302921220017 1302921120014
1302921320051 1302921210015 1302921230046 1302921220019 1302921220008
1302921320048 1302921320041 1302921230065 1302921220022 1302921220010
1302921320047 1302921320042 1302921230053 1302921220021 1302921240016
1302921240020 1302921320083 1302921240024 1302921220020 1302921220012
1302921310003 1302921230054 1302921240019 1302921240021 1302921230071
1302921230056 1302921210001 1302921240017 1302921210006 1302921210007
1302921320032 1302921320005 1302921230067 1302921220002 1302921220013
1302921320027 1302921230025 1302921240025 1302921220011 1302921220014
1302921230063 1302921230036 1302921210009 1302921230004 1302921210002
1302921320022 1302921230062 1302921230064 1302921320086 1302921320007
1302921320009 1302921320008 1302921320010 1302921320085 1302921320096
1302921320094 1302921230077 1302921230027 1302921230018 1302921230026
1302921230010
SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official Zoning Map
of the City of Lake Elmo.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
2
SECTION 4. Adoption Date. This Ordinance 08-176 was adopted on this 2nd day of
May, 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-176 was published on the ____ day of ___________________, 2017.
CITY OF LAKE ELMO
RESOLUTION NO. 2017-041
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-175 BY TITLE AND SUMMARY
WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-175,
an ordinance amending Article XIII: Village Mixed Use Districts, creating a Village Low Density
Residential Zoning District and amending standards of the Village Mixed Use Zoning District; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by t he City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08-175 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Co uncil of the City of Lake Elmo has adopted Ordinance No. 08-175, which:
•Creates a Village Low Density Residential (V-LDR) Zoning District, which allows a density
of 1.5-2.49 units per acre for areas guided for Village Low Density Residential in the
Comprehensive Plan.
•Sets forth lot dimension and setback requirements for the V-LDR zoning district.
•Allows single-family detached and two-family dwellings within the Village Mixed Use
district as conditional uses (previously permitted only if existing).
•Designates live-work units and automotive/vehicular uses as conditional, rather than
permitted, uses.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: May 2, 2017.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same: ______________________
Whereupon said resolution was declared duly passed and adopted.
BUSINESS ITEM 5b
STAFF REPORT
DATE: APRIL 24, 2017
AGENDA ITEM: 5B – BUSINESS ITEM
CASE #2016-59
TO: Planning Commission
FROM: Emily Becker, Planner
SUBMITTED BY: Zoning Text Amendment – Village Urban Districts
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The Planning Commission has reviewed a proposed draft Village Urban Low Density (V-LDR) zoning
district as well as minor amendments to the Village Mixed Use (VMX) District at its January 23, 2017,
February 13, February 27, 2017, and March 27, 2017 meetings. A public hearing was held at the April 10,
2017 meeting.
ISSUE BEFORE THE COMMISSION:
Staff respectfully requests that the Planning Commission make recommendation on the proposed draft
ordinance of the Village Low Density Residential and minor amendments to the Village Mixed Use
(VMX) District.
PLANNING/ZONING ANALYSIS:
Summary of Discussed Changes since the last Planning Commission meeting to Proposed
Ordinance. Staff has made minor amendments to the draft ordinance that the Planning Commission
recommended. Major issues discussed are summarized below:
Single Family Homes in VMX. Currently, standards for the VMX district indicate that an
existing single family home shall be considered a permitted, rather than non-conforming use, in
the VMX zoning district. This language was derived from the Comprehensive Plan. While the
Comprehensive Plan does not specifically outline new single-family homes as an allowed use in
the VMX zoning district, it does state that existing single family residential homes shall be
permitted. As previously discussed, an existing use that is no longer allowed in a zoning district
cannot be considered “permitted” upon rezoning; it is then considered legal non-conforming (and
consequentially cannot expand).
o Again Proposed as a Conditional Use. Staff has again proposed that single-family
detached dwellings be designated as conditional uses. Conditional use means a land use
or development as defined by ordinance that would not be appropriate generally but may
be allowed with appropriate restrictions as provided by official controls only upon
required findings. These required findings include (among others):
That the use or development is compatible with the existing
neighborhood; and
That the use will be designed, constructed, operated and maintained so as
to be compatible in appearance with the existing or intended character of
the general vicinity and will not change the essential character of the
area.
The City Attorney has been consulted regarding this provision and believes that
designating single-family detached homes as a conditional use may be
appropriate within the VMX district in order to limit the number and expansion
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BUSINESS ITEM 5b – ACTION ITEM
of such homes in this district. She stated that the City would have to place
appropriate standards and conditions on such uses in order to properly regulate
them.
Mixed Use Definition. The City Attorney was asked about a mixed use definition and did
not have a definitions because it’s a mix of two principal uses already defined in the Zoning
Code.
Village Open Space Overlay District. Staff had previously proposed that lots may not encroach
on the Village Open Space Overlay/Greenbelt portions as designated by the Comprehensive Plan.
o Reasoning. The reasoning for this was to maintain the open space buffer as
designated by the Comprehensive Plan without having to reference different setbacks
for lots encroaching on the open space buffer, which could complicate the building
permit review process.
o Reconsideration. Staff further considered this provision after discussion with a developer.
This may not be practical, as a buffer may be sufficiently provided through landscaping,
berms, or other option. Additionally, a small strip of open space may be difficult for an
association to maintain. The developer suggested additional way to conserve this buffer
may be to record a landscape easement over the buffer portions of residential lots that
would prevent structures from being erected and allow the Homeowners’ Association to
maintain if necessary.
o Amended Language. In response to this, Staff has drafted language that allows berming
or screening as an alternative to lots not encroaching on the buffer with Council approval.
Limiting Housing Types. Staff removed the following language from the ordinance: “For
redevelopment projects, new housing types should be introduced in limited quantities to
increase diversity and housing choice, not to replace whole blocks of existing housing.
Therefore, no more than 1/4 of the lineal frontage of a developed block (measured around the
entire block perimeter) may be converted to townhouse units, and no further townhouse, two-
family or higher-density development is permitted once this threshold is reached.”
o The City Attorney believes that this language causes equal protection issues.
Setbacks from County Roads in the V-LDR District. The County had requested the City to
increase setbacks along certain portions of county roads to 30 feet. This includes residential areas
on Lake Elmo Avenue (CSAH 17) north of Stillwater Blvd and Stillwater Blvd (CSAH 14).
They requested this for the following reasons:
o Portions of these roads are considered minor highways and right-of-way widening may
be necessary in the future.
o There’s a higher volume of traffic.
o Lake Elmo Avenue provides direct access to Highway 36.
o Trails may be desired on both sides of four lanes, and additional setbacks could
accommodate construction of eventual trails.
o Additional setbacks leave room for berming and landscaping.
This provision was added to the draft ordinance and only applicable to the V-LDR zoning district.
Findings.
The Planning Commission drafted the following findings at its February 13, 2017 meeting:
1. That certain areas of the Old Village are guided for Urban Low Density Residential in the Land
Use Plan of the Comprehensive Plan, which designates a density of 1.5-2.49 units per acre.
2. That there currently does not exist a Village Low Density Residential zoning district which has a
density of 1.5-2.49 units per acre within the Zoning Code.
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BUSINESS ITEM 5b – ACTION ITEM
3. That the Village Low Density Residential zoning district is being proposed due to the imminence
of the Gonyea West Development, which is expected to be proposed to be located within the Old
Village in an area guided for Village Low Density Residential.
4. That the Planning Commission would be interested in exploring increased densities within the
Old Village as an amendment to the Comprehensive Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission hold a public hearing and provide feedback on or
recommend approval of amendments to Article XIII: Village Mixed Use Districts, which add standards
for the V-LDR Village Low Density Residential District and proposes minor changes to the VMX –
Village Mixed Use District. If the Commission wishes to make recommendation at this time, the
Commission may do so with the following motion:
“Move to recommend adoption of Ord 08- , creating a Village Low Density Residential District and
making minor amendments standards of the Village Mixed Use District.”
ATTACHMENTS:
1. Draft Ordinance
2. Required Findings for Conditional Use Permits.
Planning Commission Draft 4/1024/2017
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-__
AN ORDINANCE AMENDING ARTICLE XIII: VILLAGE MIXED USE DISTRICT AND
CREATING STANDARDS FOR A VILLAGE LOW DENSITY RESIDENTIAL ZONING
DISTRICT
SECTION 1. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City Code
Title XV: Land Usage; Chapter154: Zoning Code; Article XIII: Village Mixed Use District; to read
the following:
ARTICLE XIII: VILLAGE MIXED USE DISTRICTS
§ 154.500 PURPOSE AND DISTRICT DESCRIPTION
(A) V-LDR Village Low Density Residential. The purpose of the V-LDR zoning district is to
provide opportunity for lower density residential development within the Old Village and create a
transition and connectivity between the heart of the Old Village and surrounding rural areas. Residential
development within areas zoned V-LDR will occur at a density of 1.5-2.49 units per acre.
(B) VMX – Village Mixed Use District. The purpose of the VMX district is to provide an area
for compact, mixed use development made mutually compatible through a combination of careful
planning and urban design and coordinated public and private investment. This district is intended to
continue the traditional mixed use development that has occurred in the Village area by allowing retail,
service, office, civic and public uses as well as residential units. The mixture of land uses within the
district is essential to establishing the level of vitality and intensity needed to support retail and service
uses. Development within areas zoned VMX will occur at a d ensity of 6-10 units per acre. Senior
congregate care facilities may exceed this density maximum with a range not to exceed a total of 16
units per acre, provided the facility can satisfy all zoning and applicable conditional use permit review
criteria. The placement of building edges and treatment of building, parking, landscaping, and
pedestrian spaces is essential to creating the pedestrian friendly environment envisioned for the VMX
district. The standards in this chapter are intended to implement and effectuate the principles and
relationships established in the Village Master Plan, which will be carried out through specific standards
related to site planning, signage, architecture, building materials, and landscaping. Renovation and infill
of traditional storefront-type buildings is encouraged, and parking standards may be waived to
recognize the availability of on-street and shared parking facilities.
§ 154.501 PERMITTED AND CONDITIONAL USES
Planning Commission Draft 4/1024/2017
2
Table 11-1 lists all permitted and conditional uses allowed in the urban residential districts. “P”
indicates a permitted use, “C” a conditional use. Uses not so indicated shall be considered prohibited.
Cross-references listed in the table under “Standards” indicate the location within this Ordinance of
specific development standards that apply to the listed use.
A. Combinations of uses, Village Districts. The following use types may be combined on a single parcel:
1. Principal and accessory uses may be combined on a single parcel.
2. A principal and secondary dwelling unit may be combined according to the standards of Section
155.137 154.454 (C).
B. Combination of uses, VMX District.
1. Single-family attached or multi-family complexes designed for rental or condominium occupancy,
since these typically include multiple units and buildings on a single parcel.
2. Other permitted or conditional uses allowed within the district may be combined on a single parcel,
provided that a unified and integrated site plan is approved. The entire development must be approved
as a conditional use.
3. A mixed-use building that combines permitted or conditionally permitted residential, service, retail and
civic uses may be developed meeting the form standards of this Article. Office or studio uses on upper
stories are encouraged.
Planning Commission Draft 4/1024/2017
3
Table 11-1: Permitted and Conditional Uses, VMX Village Districts
V-LDR VMX Standard
Residential Uses Residential Uses
Household Living
Single-family detached dwelling P P* C* 155.504.A 154.505 (A) (1),
(2), *(4)
Two-family dwelling - P* 155.504.A 154.505 (A) (1),
(4)
Single-family attached dwelling - C 154.505 (A) (1), (5)
Multifamily dwelling - C 154.505 (A) (1), (6)
Secondary dwelling C C 154.505.D 154.454 (C) &
154.505 (A) (1), (3)_
Live-work unit - P 155.505.J 154.505 (B) (6)
Group Living
Group Home P P 155.102.C 154.301 (A)
Group Residential Facility - C 155.102.D 154.301 (B)
Congregate Housing - C 155.102.E 154.301 (C)
Semi-Transient Accommodations - C 155.102.F 154.301 (C)
Public and Civic Uses
Community Services - P 155.103.C
Day Care Center - P 155.103.D
Public Assembly - C 155.505.M
Religious Institutions - C 155.505.N 154.303 (N)
Schools, Public and Private - C 155.505.O 154.303 (A)
Services
Business Services - P
Business Center - P
Offices - P
Communications Services - P
Education Services - P 154.303 (A)
Financial Institution - P 155.505.P
Funeral Home - C
Lodging - C 155.505.Q 154.302 (D)
Medical Facility - C 155.505.R 154.303 (B)
Membership Organization - C 155.505.N
Nursing and Personal Care - C 155.104.C 154.303 (C)
Personal Services - P
Repair and Maintenance Shop - C 155.505.E 154.505 (B) (1)
Trade Shop - C 155.505.F 154.505 (B) (2)
Veterinary Services - C 154.505.G 154.505 (B) (3)
Planning Commission Draft 4/1024/2017
4
Food Services
Standard Restaurant - P
Restaurant with Drive-through - C 154.304 (A)
Drinking and Entertainment - P 155.505.S 154.304 (B)
Sales of Merchandise
Retail Trade 1 - P 155.505.T
Farmer’s Market - C 155.505.AA
Garden Center - C 155.505.U 154.505 (B)
(4) Neighborhood Convenience Store - P 155.505.V
Shopping Center - C 155.505.W
Wayside Stand P P 154.454 (D)
Automotive/Vehicular Uses
Automobile Maintenance Service - C 155.505.X 154.505 (B)
(5) Automobile Parts/Supply - P 155.505.X154.505 (B)
(5) Gasoline Station - C 155.505.X 154.305 (B)
Parking Facility - C 155.505.X 154.505 (B)
(7) Sales and Storage Lots - C 155.505.X 154.305 (C)
Outdoor Recreation
Outdoor Recreation Facility - C 155.505.Y 154.306 (C)
Parks and Open Areas P P
Indoor Recreation/Entertainment
Indoor Athletic Facility - C 155.505.Z 154.307
Indoor Recreation - C 155.505.Z 154.307
Transportation and Communications
Broadcasting or Communications
Facility
- C 155.110.B
Mixed Uses
Combination of Principal Uses on a
single parcel
- C/P 154.501 (B)
Combination of Principal and
Accessory Uses on a single parcel
P P 154.501 (A)
Accessory Uses
Home Occupation P P 155.111.A,B
154.012 (12) (e)
Bed and Breakfast - C 155.111.C 154.310 (A)
Family Day Care P P 155.111.G 154.012 (12)
(d) Group Family Day Care - C 155.111.G
Temporary Sales P P 155.107.B 154.509 (G)
Parking Facility - P 154.505 (H) (7)
Solar Equipment P P 155.111.I154.310 (C)
Swimming Pools, Hot Tubs, Etc. P P 155.111.J
Other Structures Typically
Incidental and Clearly Subordinate
to Permitted Uses
P P
Planning Commission Draft 4/1024/2017
5
Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection.
1Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in §155.507.B.5
154.012 (5) (c) with the exception of building supplies sales and warehouse club sales.
§ 154.502 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS
Lot area and setback requirements shall be as specified in Table 11-2, Lot Dimension and Setback Requirements.
Table 11-2: Lot Dimension and Setback Requirements, VMX Villages Districts
V-LDR VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use - None
Single Family Detached Dwelling 9,000 5,000 9000
Two-Family Dwelling (per unit) b - 3,000
Single-Family Attached (per unit) c - 2,500
Multi-Family Dwelling (per unit) - 1,800
Secondary Dwelling - See 154.454 (C)
Live-Work Unit - 3,000
Congregate Housing - 155.102.E 154.301
(C)
Other Structures - 3,500
Maximum Lot Area (acres)
Residential Structures N/A N/A
Other Structures N/A 5
Minimum Lot Width (feet)
Single Family Detached Dwelling 70 50 70
Two-Family Dwelling (per unit) b - 30
Single-Family Attached (per unit)c - 25
Multi-Family Dwelling (per building) - 75
Live-Work Unit - 25
Maximum Height (feet/stories) 35 35/3 d
Maximum Impervious Coverage
Residential Structures 35% 75%
Other Structures - No Limit
Minimum Building Setbacks (feet) g
Planning Commission Draft 4/1024/2017
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Front Yard 25 Single-Family
Detached, Two-
Family, and Single-
Family Attached:
See LDR standards of
154.452
Multi-Family
Dwellings:
154.505 (A) (6) (b)
All Other
Residential Uses:
154.505 (A) (7)
Non-Residential
Uses:
154.505 (B) (1)
Interior Side Yard 10 10 e
Corner Side Yard 15 0 f
Rear Yard 20 10 g
Garages 25 25
Notes to VMX Village Districts Table
a. No development may exceed the residential density range as specified in the Comprehensive Plan for the
Village Mixed Use corresponding land use category.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate
floors in a building on a single lot (“duplex”). The per-unit measurements in this table apply to “twin”
units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall
apply to a “duplex” containing two vertically-separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size
shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is
also used for multifamily dwellings.
d. Buildings up to 45 feet in height may be permitted as part of a PUD in the VMX District.
e. The front yard setback for single family homes shall be 25 feet.
e. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned parcels
or those parcels with residential uses as the sole use.
f. Corner properties: the side yard façade of a corner building adjoining a public street shall maintain
the front setback of the adjacent property fronting upon the same public street, or the required front
Commented [EB1]: This is already indicated in 154.505
(A) (3) (b)
Planning Commission Draft 4/1024/2017
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yard setback, whichever is less. If no structure exists on the adjacent property, and provided
required setbacks are not otherwise stated herein, the setback shall be shown in the table.
f.g. Properties zoned V-LDR abutting Stillwater Boulevard (CSAH 14) and Lake Elmo Avenue
17) north of Stillwater Blvd (CSAH 14) shall have a minimum structure setback of 30 feet.
Properties abutting CSAH 17 and CSAH 14 shall have a minimum setback standard of 30
feet.
§ 154.503 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE
A. Averaging of Lot Area. When lots are clustered within a development to provide common open space,
the open space may be used to calculate an average density per lot to determine compliance with the
individual lot area requirements.
B. Lot Dimension Reductions. Other reductions in dimensional standards may be considered as part of a
Planned Unit Development if these reductions provide for common open space within a
development.
C. Village Open Space Overlay District. Development of areas within the Village Open Space Overlay
District, as designated by the Comprehensive Plan, is not allowed. Residential lots shall not encroach
on the areas designated as open space per this overlay district, unless buffering or screening is
provided as an alternative approved by Council.
§ 154.504 GENERAL SITE DESIGN CONSIDERATIONS – LMX VILLAGE DISTRICTS
Development of land within the VMX Village Districts shall follow established standards for traffic circulation,
landscape design, and other considerations as specified in Article 5, 6 and 7.
A. Circulation. New access points to State Highway 5 County State Aid Highway 14 may be refused or
restricted to right-in right-out movement if alternatives exist. Internal connections shall be provided
between parking areas on adjacent properties wherever feasible.
1. The number and width of curb-cuts shall be minimized. To promote pedestrian circulation,
existing continuous curb-cuts shall be reduced to widths necessary for vehicular traffic, and
unnecessary or abandoned curb cuts shall be removed as parcels are developed.
B. Fencing and Screening. Fencing and screening walls visible from the public right-of-way shall be
constructed of materials compatible with the principle structure.
C. Lighting design. Lighting shall be integrated into the exterior design of new or renovated structures to
create a greater sense of activity, security, and interest to the pedestrian, and shall comply with
§150.035-150.038 Lighting, Glare Control, and Exterior Lighting Standards.
Commented [EB2]: Need to verify with the County why
this is needed.
Planning Commission Draft 4/1024/2017
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D. Exterior Storage. Exterior materials storage must be screened from view from adjacent public streets
and adjacent residential properties, by a wing of the principal structure or a screen wall constructed
of the same materials as the principal structure. Height of the structure or screen wall must be
sufficient to completely conceal the stored materials from view at eye level (measured at six feet
above ground level) on the adjacent street or property.
E. Screening of Existing Residential Structures. When a new development is proposed adjacent to an existing
single family residential structure, screening shall be provided in accordance with §154.258.F. The City
may require buffering or screening above and beyond this section in cases where the required screening
will not provide an adequate separation between incompatible uses.
F. Sidewalks and/or Trails. Where cul-de-sacs are permitted by the City, sidewalks or trails are required to
connect the bulb of the cul-de-sac with the nearest through-road or trail.
G. Lake Elmo Theming Study. Elements of the Lake Elmo Theming Study not herein described
must be incorporated in to development within Village Districts where applicable.
§ 154.505 DEVELOPMENT STANDARDS FOR SPECIFIC USES
Development of land within the VMX Village d Districts shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The following standards
apply to specific uses; other standards related to design and building type may be found at §154.506.
A. Residential Units, Village Districts.
1. All Residential Units, Village Districts.
a. Residential housing units shall be designed to reflect the general scale and character of
the Village, including front yard depth, height and roof pitch, primary materials, facade
detailing and size and placement of window and door openings.
2. Single-Family Detached Dwellings, Village Districts.
a. No parking shall be located in the front yard or between the front façade and the
street except on a permitted driveway.
b. Primary entrances are required to be along the front façade.
c. Dwelling units shall be at least twenty-four (24) feet in width, at least nine hundred sixty
(960) square feet in area, and be placed on a permanent foundation.
3. Secondary Dwellings, Village District. Restricted to lots occupied by single-family dwellings, and
must meet the standards for secondary dwellings in residential districts, §154.13454 (C) and be
located within the primary structure.
4. Single-Family Detached and Two-Family Dwellings, VMX District.
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a. Single-Family Detached Dwellings are limited to those existing at the time of adoption of this
Ordinance. Expansion of existing and new single-family detached dwellings shall be allowed
through the conditional use process. considered permitted uses, rather than nonconforming
uses.
b. Unless otherwise specified in this Article, Single and Two-Family Dwellings in the VMX
district shall adhere to the MDR LDR district setbacks as specified in §154.452.
5. Single-Family Attached, VMX District.
a. A maximum of eight (8) units shall be permitted within a single building.
a. The primary entrance to each unit shall be located on the façade fronting a public street; an
additional entrance may be provided on the rear or side façade.
b. For redevelopment projects, new housing types should be introduced in limited quantities to
increase diversity and housing choice, not to replace whole blocks of existing housing.
Therefore, no more than 1/4 of the lineal frontage of a developed block (measured around the
entire block perimeter) may be converted to townhouse units, and no further townhouse, two-
family or higher-density development is permitted once this threshold is reached.
d.b. Common open space for use by all residents or private open space adjacent to each unit shall be
provided. Such open space shall compromise a minimum of three hundred (300) square feet per
unit.
e.c. No parking shall be located in the front yard or between the front façade and the street
except on a permitted driveway.
f.d. Unless otherwise specified in this Article, Single-Family Attached dwellings in the VMX
district shall adhere to the MDR district setbacks as specified in §154.452.
6. Multi-Family Dwelling Units, VMX District.
a. Dwelling units (both condominium and rental) within a mixed use development are restricted to the
upper floors or rear or side ground floors of a mixed use building.
b. Setback standards for multi-family dwellings not within a mixed use development shall be
determined through the conditional use process.
7. All Other Residential Uses, VMX District. Setbacks for all other residential uses within the
Village districts not specifically outlined in this Section shall be determined by either
154.506 or through the conditional use process.
B. Non-Residential Uses, VMX District.
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Commented [EB3]: Verifying with the City Attorney if this
is legal.
Planning Commission Draft 4/1024/2017
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1. Setbacks, Generally. The front yard setback of a new non-residential building within the
VMX district shall maintain the prevailing front yard setback of that block, or a
maximum setback of 20 feet, whichever is less.
2. Repair and Maintenance Shop. No outdoor storage is permitted unless fully screened from public
view.
3. Trade Shop. Exterior materials storage must be totally screened from view from adjacent public
streets and adjacent residential properties by a wall of the principal structure or a screen wall
constructed of the same materials as the principal structure.
4. Veterinary Services.
a. All activities must be conducted within an enclosed building.
b. Specific veterinary practices shall be limited to veterinary medicine, surgery, dentistry, and related
service for small domestic household pets.
5. Garden Center.
a. The storage or display of any materials or products shall meet all setback requirements of a
structure, and shall be maintained in an orderly manner. Screening along the boundaries of
adjacent residential properties may be required, meeting the standards of Article 6, Section
155.89.F.
b. All loading and parking shall be provided off-street.
c. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to
prevent any effects on adjacent uses.
6. Automobile Maintenance Service and Automobile Parts/Supply
a. All vehicle repairs shall be conducted in a completely enclosed building
b. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet all
setback requirements of a structure, and shall be totally screened from view from adjacent public
streets and adjacent residential properties.
7. Live-Work Unit. The purpose of a live-work unit is to provide a transitional use type between a home
occupation and a larger commercial enterprise, and to provide neighborhood-oriented commercial
services, while maintaining a generally residential character in which the work space is subordinate
to the residential use.
a. The work space component shall be located on the first floor or basement of the building.
Planning Commission Draft 4/1024/2017
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b. The dwelling unit component shall maintain a separate entrance located on the front or side
façade and accessible from the primary abutting public street.
c. The work space component of the unit shall not exceed thirty (30) percent of the total gross floor
area of the unit.
d. A total of two (2) off-street parking spaces shall be provided for a live-work unit, located to the
rear of the unit, or underground/enclosed.
e. The size and nature of the work space shall be limited so that the building type may be
governed by residential building codes. An increase in size or intensity beyond the specified
limit on floor area would require the building to be classified as a mixed-use building.
f. The business component of the building may include offices, small service establishments, home
crafts which are typically considered accessory to a dwelling unit, or limited retailing (by
appointment only) associated with fine arts, crafts, or personal services. It may not include a
wholesale business, a commercial food service requiring a license, a limousine business or auto
service or repair for any vehicles other than those registered to residents of the property.
g. The business of the live-work unit must be conducted by a person who resides on the same lot.
The business shall not employ more than two (2) workers on-site at any one time who live
outside of the live-work unit.
8. Parking Facility. Structured parking is permitted as a ground floor use within a mixed-use building,
provided that it the entrance is located on side or rear facades, not facing the primary abutting
street. The primary street-facing façade shall be designed for retail, office or residential use. The
primary street façade may include an entrance into the parking facility.
9. Outdoor Dining Accessory to Food Services. Outdoor dining is allowed as an accessory use in the
commercial districts, provided that tables do not block the sidewalk. A minimum of five (5) feet
of sidewalk must remain open.
§ 154.506 VMX DISTRICT DESIGN AND DEMOLITION REVIEW
A. Review of Design. For certain development activity as specified in the Lake Elmo Design Standards
Manual, design review is required as part of the approval process for a building permit, conditional
use permit, or certificate of zoning compliance under this Ordinance. All projects subject to design
review shall be reviewed for conformance with the Lake Elmo Design Standards Manual. A separate
process for design review is not established.
1. Review Authority and Process. Design review shall be the responsibility of the individual or body
authorizing the permit or certificate and shall be incorporated in the established review of the
applicable building permit, conditional use permit, or certificate of zoning compliance. For those
applications under this Ordinance that require review by the Planning Commission (i.e.
conditional use permits), the Planning Commission shall consider the standards in the Lake Elmo
Design Standards Manual as part of its recommendation to the City Council.
Planning Commission Draft 4/1024/2017
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2. Review by Professional. The authorizing body may request review by a design professional of the
proposed design or demolition. The cost of review by such design professional shall be charged by
the applicant, and shall not exceed $1,000 unless otherwise agreed to by the applicant.
3. Development Activity Defined. Development Activity consists of new construction and
redevelopment activities, including remodeling that expands the footprint of a structure, altering, or
repairing a structure in a manner that will change the exterior appearance of said structure.
Development activity also includes the construction of a new parking lots and installation of
signage.
a. Exempt Activities. The following activities shall be exempt from under review of this Section:
i. Ordinary repairs and maintenance that will not change the exterior appearance of a structure;
ii. Removal of existing signage without replacement unless said signs are an integral part of the
building;
iii. Emergency repairs ordered by the Director of Planning in order to protect public health and
safety;
iv. Exterior alteration, addition, or repair of a structure used as a single-family residence,
duplex, or two-family residence.
v. Temporary signage, installed in accordance with §154.212 of this Ordnance, or during
which time an application for permanent signage is pending under this Ordinance;
vi. Maintenance of existing signage advertising an on-site business;
vii. Alterations only to the interior of a structure.
§ 154.507 ACCESSORY USES AND STRUCTURES
Accessory uses are listed in the VMX District Use Table 11-1 as permitted or conditional accessory uses.
Accessory uses and structures in the VMX Village Districts shall comply with the following standards and all
other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the
time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily
associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in the area, extent, and
purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity
of the occupants of the principal use or structure served.
Planning Commission Draft 4/1024/2017
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E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or
structure.
F. Residential Accessory Structures
§ 154.5087 RESIDENTIAL ACCESSORY STRUCTURES
A. 1. Design Compatibility. On parcels used for residential structures within the VMX Village
Districts, the design and construction of any garage, carport, or storage building shall be similar
to or compatible with the design and construction of the main building. The exterior building
materials, roof style, and colors shall be similar to or compatible with the main building or shall
be commonly associated with residential construction.
B. 2. Attached structures. An accessory structure shall be considered attached, and an integral part of, the
principal structure when it is connected by an enclosed passageway. All attached accessory
structures shall be subject to the following requirements:
a. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
b. The structure shall not exceed the height of the principal building to which it is attached.
B. 3. Attached Garages.
3. a. Attached garages are encouraged to be side or rear loaded. If facing the primary street, garages
shall be designed using one of the following techniques, unless specific physical conditions on
the lot in question require a different approach:
i. The front of the garage is recessed at least four (4) feet behind the plane of the primary
façade; or
ii. The front of the garage is recessed at least four (4) feet behind a porch if the garage
is even with the primary façade; or
i. The front façade of the garage shall be offset by the principal structure by a
minimum of two (2) feet from the plane of the public right -of -way.
ii. The width of the attached garage shall not exceed 40% of the width of the entire
principal building façade (including garage) fronting the primary street.
4. b. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground floor
level except by conditional use permit.
5. c. Garage doors or openings shall not exceed fourteen (14) feet in height.
Planning Commission Draft 4/1024/2017
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C. 4. Detached structures. Detached accessory structures for permitted residential structures in the
VMX Village Districts must be in accordance with the following requirements:
a. Detached accessory structures shall be located to the side or rear of the principal
building, and are not permitted within the required front yard or within a side yard
abutting a street.
b. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level and
shall not exceed a height of twenty-two (22) feet or the height of the principal structure,
whichever is higher. The maximum size and height may be increased upon approval of a
conditional use permit, provided that lot coverage requirements are satisfied.
c. Pole barns, as defined herein, shall be prohibited.
d. No more than thirty (30) percent of the rear yard area may be covered by accessory structures.
e. Garage doors or openings shall not exceed fourteen (14) feet in height.
§ 154.509 ACCESSORY USES
A. G. Exterior Storage on Residential Parcels. All materials and equipment shall be stored within a building
or be fully screened so as not to be visible from adjoining properties, except for the following:
a. Laundry drying,
b. Construction and landscaping materials and equipment currently being used on the premises.
Materials kept on the premises for a period exceeding six (6) months shall be screened or stored
out of view of the primary street on which the house fronts.
c. Agricultural equipment and materials, if these are used or intended for use on the premises.
d. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article
5, Section 155.67 154.210.
e. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and screened
from view of adjacent properties.
f. Outdoor parking.
B. H. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all
residential districts, limited to two (2) per calendar year per residence, not to exceed four (4) days in
length for each event.
C. I. Accessory Uses and Structures Not Listed
§ 154.510 ACCESSORY USES AND STRUCTURES NOT LISTED
Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings
in any district, are listed in Article 7, Specific Development Standards. These include uses such as family
and group family day care, bed and breakfast facilities, and home occupations, and structures such as
swimming pools and solar equipment.
Planning Commission Draft 4/1024/2017
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SECTION 2. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter154: Zoning Code; Article X: Division Into Districts;
Section 154.350 to read the following:
Zoning District R
Reference
R-2 One and Two Family Residential 154.033
GB General Business
154.034
A Agriculture Article XI
RR Rural Residential Article XI
RT Rural Development Transitional Article XI
RS Rural Single Family
Article XI
RE Residential Estate
Article XI
LDR Urban Low Density Residential Article XII
MDR Urban Medium Density Residential Article XII
HDR Urban High Density Residential Article XII
V-LDR Village Low Density Residential Article XIII
VMX Village Center - Mixed Use
Article XIII
C Commercial Article XIV
CC Convenience Commercial Article XIV
LC Neighborhood Office/Limited Commercial Article XIV
BP Business Park/Light Manufacturing Article XIV
PF Public Facilities Article XV
SECTION 3. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter154: Zoning Code; Article VII: General Regulations;
Section 154.212: Sign Regulations; Table 5-3 to read the following:
Table 5-3 Ground Signs
Zoning District
Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR,
V-LDR
BP, C, CC, GB,
LC, VMX
No. of
Speed
Max Height/
Max Height/ Area
Max Height/ Area Total
Traffic Limit
Lanes (MPH) Area (Sq. Ft.) (Sq. Ft.) (Sq. Ft.)
Planning Commission Draft 4/1024/2017
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1-3 0-34 - 6’/32 10’/32
35-44 - 6’/32 10’/50
45+ - 6’/32 10’/72
4-5 0-34 - 6’/32 10’/40
35-44 - 6’/32 10’/64
45+ - 6’/32 12’/80
SECTION 4. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter 153: Subdivision Regulations; Section 153.14: Park
Land Dedication Requirements; Subd. A to read the following:
Zoning Districts Minimum Required Land Dedication
R1, R2, R3, andR4 10%
RS, V-LDR, LDR, MDR, HDR 10%
RE 7%
RR and AG 4%
SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
Planning Commission Draft 4/1024/2017
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__________________________
Julie Johnson, City Clerk
This Ordinance 08-__ was published on the ____ day of ___________________, 2017.
V-8
3. Approximate location of all curb cuts, driveways, access roads, parking areas, off-
street loading areas, and sidewalks.
4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and
lawns.
5. Conceptual grading, erosion control, and storm water management plan.
6. Conceptual sewer and water utility plan for the development.
7. Narrative indicating the types of uses or businesses that are contemplated for the
development, number of employees, parking and traffic impacts, and other
pertinent information about the proposed development.
8. The Director of Planning may require the applicant to supply proof of ownership
of the property for which the amendment is requested that illustrates legal or
equitable interest in the property.
E.Hearing Requirements. The Planning Commission shall hold a public hearing on each
complete application for a Zoning Amendment as provided in §154.102 of this Article.
After the close of such hearing, the Planning Commission shall consider findings and
shall submit the same together with its recommendation to the City Council.
F.Effect of Denial of Application. No application of a property owner for an amendment to
the text of this chapter or the zoning map shall be considered by the Planning
Commission within the one year period following a denial of such request, except the
Planning Commission may permit a new application, if in the opinion of the Planning
Commission, new evidence or a change of circumstances warrant it.
G.Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current
City of Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with
the current Comprehensive Plan, an amendment to the Comprehensive Plan must be
requested and approved prior to or concurrent with the rezoning request.
H.Coordination with Adjoining Communities. Any zoning district change on land adjacent
to or across a public right-of-way from an adjoining community shall be referred to the
Planning Commission and the adjacent community or county for review and comment
prior to action by the City Council granting or denying the zoning district classification
change. A period of at least ten (10) days shall be provided for receipt of comments. Such
comments shall be considered as advisory only.
(Ord. 08-085, passed 7-2-2013)
§ 154.106 CONDITIONAL USE PERMITS.
A.Required Findings. Conditional use means a land use or development as defined by
ordinance that would not be appropriate generally but may be allowed with appropriate
restrictions as provided by official controls only upon a finding that all of the following
provisions are met:
1. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
V-9
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood.
4. The proposed use meets all specific development standards for such use listed in
Article 9 of this Chapter. (Ord. 08-152)
5. If the proposed use is in a flood plain management or shoreland area, the
proposed use meets all the specific standards for such use listed in Chapter 150,
§150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain
Management).
6. The proposed use will be designed, constructed, operated and maintained so as to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures.
8. The proposed use will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse
disposal, water and sewer systems and schools or will be served adequately by
such facilities and services provided by the persons or agencies responsible for the
establishment of the proposed use.
9. The proposed use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the economic
welfare of the community.
10. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare or odors.
11. Vehicular approaches to the property, where present, will not create traffic
congestion or interfere with traffic on surrounding public thoroughfares.
12. The proposed use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
B.Application Requirements. Conditional Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by
§154.101.A of this Article and with the submission materials listed in §154.101.B of this
Article.
C.Public Hearing Required. The Planning Commission shall hold a public hearing on each
complete application for a conditional use permit as provided in §154.102 of this Article.
After the close of the hearing on a proposed conditional use permit, the City Planning
Commission shall consider findings and shall submit the same together with its
recommendation to the City Council.
D.Final Decision by City Council. The City Council shall make the final decision on a
conditional use permit after a public hearing by the Planning Commission. The City
Council may approve, approve with conditions, or deny the application.
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E.Conditions. In reviewing applications for conditional use permits, the Planning
Commission and Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect
the value of property within the district and to achieve the goals and objectives of the
Comprehensive Plan. In determining such conditions, special consideration shall be given
to protecting immediately adjacent properties from objectionable views, noise, traffic and
other negative characteristics associated with such uses.
1. The conditions shall include all specific development standards for such use listed
in Article 9 of this Chapter. (Ord. 08-152)
2. If the proposed use is in a flood plain management or shoreland area, the
conditions shall include specific standards for such use listed in Chapter 151
(Floodplain Management) and Chapter 152 (Shoreland Management).
3. In addition, conditions may include, but are not limited to, the following:
a. Controlling the number, area, bulk, height and location of such uses;
b. Regulating ingress and egress to the property and the proposed structures
thereon with particular references to vehicle and pedestrian safety and
convenience, traffic flow, and control and access in case of fire or other
catastrophe;
c. Regulating off-street parking and loading areas where required;
d. Controlling the location, availability and compatibility of utilities;
e. Requiring berming, fencing, screening, landscaping or other means to protect
nearby property; and
f. Requiring other conditions to create compatibility of appearance with
surrounding uses.
F.Findings for Denial. If the Planning Commission recommends denial of a conditional use
permit or the Council orders such denial, it shall include in its recommendation or
determination findings as to the specific ways in which the proposed use does not comply
with one or more specific findings required by this chapter.
G.Permittee. A conditional use permit shall be issued for a particular use and not for a
particular person, except in the case of a permit granted for the uses of land reclamation,
mining or soil or mineral processing. In such cases, a permit shall be issued to the
particular person making application for such permit and such permit shall not be
transferred or assigned for use by another without the written consent of the City.
However, such consent by the City shall not be unreasonably withheld.
H.Periodic Review. A periodic review of the use may be attached as a condition of approval
of a conditional use permit.
I.Term of Permit. Unless otherwise stipulated, the term shall be the life of the use.
J.Revocation. Failure to comply with any condition set forth in a conditional use permit, or
any other violation of this chapter, shall be a misdemeanor and shall also constitute
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sufficient cause for the termination of the conditional use permit by the City Council
following a public hearing conducted in accordance with §155.102 of this Article.
K.Expiration. If substantial construction has not taken place within 12 months of the date
on which the conditional use permit was granted, the permit is void except that, on
application, the Council, after receiving recommendation from the Planning Commission,
may extend the permit for such additional period as it deems appropriate. If the
conditional use is discontinued for six months, the conditional use permit shall become
void. This provision shall apply to conditional use permits issued prior to the effective
date of this chapter, but the six-month period shall not be deemed to commence until the
effective date of this chapter.
(Ord. 08-085, passed 7-2-2013)
§ 154.107 INTERIM USE PERMITS.
A.Purpose and Intent. The purpose and intent of allowing interim uses are:
1. To allow a use for a limited period of time that reasonably utilizes the property
where such use is not consistent with the future land map in the Comprehensive
Plan; and
2. To allow a use that is presently acceptable, but that with anticipated development
or redevelopment or other significant change, will not be acceptable in the future
or will be replaced by a permitted or conditional use allowed within the respective
district.
B.Required Findings. An interim use permit may be granted only if the City Council finds
as follows:
1. The use is allowed as an interim use in the respective zoning district and conforms
to standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community.
3. The use will not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to all conditions that the City Council deems appropriate to
establish the interim use. This may include the requirement of appropriate
financial surety such as a letter of credit or other security acceptable to the City to
cover the cost of removing the interim use and any interim structures not currently
existing on the site, upon the expiration of the interim use permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility
fees due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at
the time of approval.
C.Application Requirements. Interim Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by