HomeMy WebLinkAbout12-24-20 PACKET PART 2STAFF REPORT
PLANNING COMMISSION
DATE: 12/14/2020
AGENDA ITEM: __ PUBLIC HEARING
TO: Planning Commission
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Schiltgen Farms Revised PUD Concept Plan (10880 Stillwater
Boulevard)
REVIEWED BY: Ken Roberts, Planning Director
Ben Prchal, City Planner
Jack Griffin, City Engineer
Ann Pung-Terwedo, Senior Planner, Washington County
BACKGROUND:
Mr. Ben Schmidt, representing the Excelsior Group, is requesting City approval of a revised PUD concept
plan for the Schiltgen Farm property located 10880 Stillwater Boulevard.
The latest proposed PUD concept plan has a total of 294 housing units – 199 single family home sites in the
area north of Stillwater Boulevard and 95 small-lot single family (or detached townhouse units) for the area
south of Stillwater Boulevard. As noted on the project plans, this plan has a total of 294 housing units on
108.85 acres (net) with an overall density of about 2.7 dwelling units per acre (D.U.A). A western portion
of the development site is within the Shoreland Management Area of Sunfish Lake. The Shoreland
Ordinance has provisions for the development of PUD’s in the areas near lakes, subject to additional design
and performance standards. This triggers the need for a planned unit development because the proposed
lots do not meet the lot area, lot width and impervious requirements listed in the City’s Shoreland Code for
Natural Environment lakes.
For reference, the developer’s earlier proposed PUD concept plan for this site had a total of 318 housing
units – 200 single family home sites and 118 townhouse or row home units on 105.3 acres (net) with an
overall density of about 3.0 dwelling units per acre (D.U.A).
PAST ACTIONS:
On June 8, 2020, the Planning Commission held a public hearing about the first PUD concept plan for this
site. The Commission heard from the developer and took testimony from eight nearby property owners and
their representatives about the proposed PUD concept plan. They expressed concerns about increased
traffic, having townhouses as part of the development (with the proposed increased density south of
Stillwater Boulevard), the need to protect Sunfish Lake and stormwater management. After review and
discussion, the Planning Commission voted 5-1 to recommend approval of the PUD concept plan, subject
to the conditions listed in the staff report. It also had been determined by City staff that in the event this
development moves forward, an amendment of the Comprehensive Plan from V-LDR to V-MDR would be
required for the site (but was not being requested at that time). Even though an amendment to the
Comprehensive Plan was not being requested at that time, the Planning Commission did discuss it. The
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December 14, 2020 Page 2
Planning Commission was not in favor of the Comprehensive Plan amendment (2 members were in favor
of it and 4 were against).
On July 21, 2020, the City Council considered the first PUD concept plan for this site. The City Council
had concerns about having attached townhouses in the area south of Stillwater Boulevard along with the
necessary Comprehensive Plan amendment to accommodate the proposed attached townhouses. In
summary, some of the Councilmembers did not believe that type of housing would be a good fit for the
area of Lake Elmo. The City Council, after some discussion and review of their options, voted 4-0 (with
Councilmember Nelson absent) to table action on the proposed concept plan.
ISSUE BEFORE THE PLANNING COMMISSION:
The Planning Commission is respectfully being requested to review and hold a public hearing, provide
feedback to the developer and make a recommendation to the City Council for the revised PUD concept
plan for the Schiltgen Farms property.
GENERAL INFORMATION:
Applicant: Excelsior Group (Ben Schmidt), 1660 Highway 100 South, Suite 400, Saint Louis
Park, MN 55416
Property Owner: Schiltgen Farms Inc., 10880 Stillwater Boulevard, Lake Elmo
Location: 10880 Stillwater Blvd, Lake Elmo
Four Parcels all in Section 14, Township 29 North, Range 21 West, Washington
County, Minnesota.
PID#s: 1402921140001, 1402921410003, 1402921410001 and 1402921410002
Requests: PUD Concept Plan approval
Site Area: 123.4 acres (all PIDs)
Residential Development Area: 108.85 acres
Existing Land Use Designation: V-LDR (Village Low Density Residential)
Proposed Land Use Designation: V-LDR (Village Low Density Residential)
Current Zoning: RT – Rural Development Transitional District
Proposed Zoning: V-LDR/PUD (Village Low Density Residential/PUD)
Surrounding Zoning: V-LDR/PUD (north)/ PF – Public Facilities (east)/ RS across railroad
tracks (south)/ RT and RR (west).
History: The four parcels are part of the Schiltgen Farm property and are currently
zoned RT.
Deadline for Action: Application Complete – 5/07/2020
60 Day Deadline – 7/05/2020
Extension Letter Mailed – Yes
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December 14, 2020 Page 3
120 Day Deadline 9/03/2020 (Note: The developer granted the City a time
extension until 01/19/2021 for City action on this request).
Applicable Code: Article 12 – Urban Residential Districts
Article 18 – Planned Unit Development Regulations
Article 19 – Shoreland Management Overlay District
Chapter 153 – Subdivision Regulations
§150.270 Storm Water, Erosion, and Sediment Control
PUD CONCEPT PLAN REVIEW
PUD Concept Plan Review Process. The City Code for PUDs requires several steps in the project review
and approval process. The City is reviewing this Concept Plan using the PUD Code language that was in
place at the time the City received the original application which includes having development review
proceed with a Concept Plan review by the Planning Commission and City Council. Section 154.758 of the
City Code (below) provides all the details about the review process and steps. As noted subsection in E2,
the Planning Commission holds a public hearing about the concept plan and reports its findings and
recommendations to the City Council. The Council may approve the general PUD concept plan and attach
such conditions as it deems reasonable.
§ 154.758 PROCEDURES FOR PROCESSING A PLANNED UNIT DEVELOPMENT.
There are four stages to the PUD process: application conference, general concept plan, preliminary plan
and final plan, as described below:
A. Application Conference. Upon filing of an application for PUD, the applicant of the proposed PUD
shall arrange for and attend a conference with the Planning Director. The primary purpose of the
conference shall be to provide the applicant with an opportunity to gather information and obtain
guidance as to the general suitability of his or her proposal for the area for which it is proposed and
its conformity to the provisions of this subchapter before incurring substantial expense in the
preparation of plans, surveys and other data.
B. General Concept Plan. The general concept plan provides an opportunity for the applicant to
submit a plan to the city showing his or her basic intent and the general nature of the entire
development without incurring substantial cost. The plan should include the following: overall
density ranges, general location of residential and nonresidential land uses, their types and
intensities, general location of streets, paths and open space, and approximate phasing of the
development.
C. Preliminary Plan. Following approval of the general concept plan, the applicant shall submit a
preliminary plan application and preliminary plat, in accordance with the requirements described in
§ 153.07. The application shall proceed and be acted upon in accordance with the procedures in
this subchapter for zoning changes.
D. Final Plan. Following approval of the preliminary plan, the applicant shall submit a final plan
application and final plat, in accordance with the requirements described in § 153.08. The
application shall proceed and be acted upon in accordance with the procedures in this ordinance for
zoning changes. If appropriate because of the limited scale of the proposal, the preliminary plan
and final plan may proceed simultaneously.
E. Schedule for Plan Approval
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December 14, 2020 Page 4
1. Developer presents the general concept plan to the Planning Commission for their review
and comment.
2. After verification by the Planning Director that the required plan and supporting data are
adequate, the Planning Commission shall hold a public hearing, with public notice.
3. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
4. The City may request additional information from the applicant concerning operational
factors or retain expert testimony at the expense of the applicant concerning operational
factors.
5. The Council may hold a public hearing after the receipt of the report and recommendations
from the Planning Commission. If the Planning Commission fails to make a report within
60 days after receipt of the application, then the City Council may proceed without the
report. The Council may approve the general concept plan and attach such conditions as it
deems reasonable.
6. Following approval of the General Concept Plan, the application may proceed to the
preliminary plan phase.
PROPOSAL DETAILS/ANALYSIS:
The proposed residential PUD development will be located on the southern portion of the Schiltgen Farm
property located at the intersection of CSAH 14 (Stillwater Boulevard) and CSAH 17 (Lake Elmo Avenue).
As proposed, the development would have a mix of single-family homes, villa style homes and small-lot
single family homes (detached townhouses). The subdivision is proposed as a PUD because the developer
is requesting flexibility from the strict zoning regulations of the Shoreland Ordinance and the V-LDR zoning
regulations.
The applicant’s submission to the City includes the following components:
PUD Concept Plan Overview. The attached narrative dated November 9, 2020 includes a general
overview of the project with additional details concerning some of the unique aspects of the proposed PUD.
PUD Concept Plan. The PUD Concept Plan includes a proposed configuration of roads, lots and
other public spaces on the applicant’s site. While the PUD Concept Plan provides initial dimensions for
many of the various lots and streets, some details are still missing and will need to be further reviewed for
compliance with the City’s standards and regulations.
STAFF REVIEW COMMENTS:
Members of the Planning, Public Works, Engineering, and Fire Departments have reviewed the revised
PUD concept plan, while the City Engineer and Washington County staff have provided additional review
of it and the plans submitted with it.
City staff have completed an internal review of the latest PUD concept plan, and general comments from
City staff and recommended conditions of approval are included in this memorandum. The City staff
review comments that follow are all based on conducting a high-level review of the PUD concept plan
since there is not a lot of detailed information that is required at this stage in the development review
process. City staff has instead focused on the bigger picture items and those things that would otherwise
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not allow the development to move forward if they contrasted with elements from the Comprehensive Plan,
the Zoning Code, the Shoreland Regulations, or the City Code.
Staff has provided comments in following sections to identify elements of the latest PUD plan that need to
be further addressed by the applicant before proceeding with an application for preliminary PUD/plat
approval. I have included several conditions of approval to address the most significant outstanding issues
if the Planning Commission wishes to recommend approval of the PUD concept plan to the City Council.
If the project moves forward, the following land use requests will need to be made by the applicant. Also
included are City staff’s comments on these requests:
2040 Comprehensive Plan. The 2040 Comprehensive Plan has designated this site as V-LDR (Village
Low Density Residential) on the future land use map. The City intends this land use designation for single-
family detached housing developments serviced by municipal sewer and water with density ranges between
1.5 and 3 dwelling units per acre. The density standard the City is striving to meet with future development
in the areas with City sewer and water (such as this development) is a minimum residential density of 3
units per acre.
The developer is now proposing three types of detached housing within this development – 199 single-
family detached homes on 55-foot-wide and 65-foot-wide lots and 95 small-lot single family (detached
townhouse) units on 28-foot-wide lots for a total of 294 housing units. This revised PUD concept plan
identifies 99 55-foot-wide villa style lots and 100 65-foot-wide single-family home lots north of Stillwater
Boulevard and 95 small-lot single-family lots (detached townhouses) in the area south of Stillwater
Boulevard.
As shown, the 19.92 acre area south of Stillwater Boulevard is proposed to have 95 detached townhouses –
an average of 4.77 units per acre on that part of the site. The previous concept plan showed 118
townhouses or row homes on the 19.92 acres for an average of 5.92 units per acre.
Zoning Map Amendment. The existing zoning of the property is RT (rural development transitional). In
order to develop the site with the proposed mix of detached single-family housing, the City will be required
to rezone the development site to V-LDR (Village Low Density Residential) with PUD overlay to be
consistent with the proposed City’s Comprehensive Plan guidance for the area. The V-LDR zoning district
is “to provide opportunity for lower density 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 the areas zoned V-LDR will occur at a density of 1.5-2.49 units per acre.”
Site Data. The entire subdivision area is 123.4 acres which includes all of Parcels 1, 2, 3 and 4. Of the
123.4 acres, the developer’s latest plan is proposing to develop 104.9 net acres into a 294 unit (down from
318 units) residential PUD development with 199 single family homes north of Stillwater Boulevard and
95 small-lot single-family (detached townhouses) south of Stillwater Boulevard. The overall proposed
project would have a net density of 2.8 units per acre (reduced from 3.0 du/acre shown on the first concept
plan for the property) as calculated by the developer. This proposed density is in excess of the 2.49 units
per acres as allowed by the V-LDR zoning district. The V-LDR land use designation allows for single-
family detached housing with a density of up to 3 residential units per acre.
Density. The proposed overall density for this development as calculated by the applicant is 2.8 residential
units per net acre – 294 proposed units on a 104.9 net acre site.
Total Site Area 123.4 acres (gross)
Residential Site Area 104.9 acres (net)
Outlot & Open Space Areas 30.9 acres
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Floodplain Area
Stillwater Blvd ROW
1.1 acres
6.8 acres
Wetland Area 10.6 acres
Residential Lot Area 104.9 acres (net)
The developer’s density calculations did not include the areas of steep slopes on the site and included the
right-of-way for Stillwater Boulevard.
City staff reviewed the density calculation for this site and calculated the net density as follows:
The Metropolitan Council determines net residential density of a development site through netting out from
the gross acreage of the property arterial road rights-of-way (arterial roads that are part of the Metropolitan
highway system), wetlands and public water bodies, wetland buffers, public parks and preserved open
space (must be preserved through an open space easement), floodplains and steep slopes. The calculation of
net density for this site is:
Overall Development Area 123.4 gross acres
Steep Slopes/Bluffs 2.85 acres (est.)
Floodplain Area 1.1 acres
Wetlands
Total
10.6 acres
14.55 acres
Net Residential Buildable Area 108.85 acres
Total Number of Lots 294 units
Gross Density 2.38 du/acre
Net Density 2.70 du/acre (as calculated by staff)
This proposed density is in excess of the 2.49 units per acres as allowed by the V-LDR zoning district. The
V-LDR land use designation allows for single-family detached housing with a density of up to 3 residential
units per acre.
PUD Minimum Requirements. Parts of the proposed development site are within the shoreland of
Sunfish Lake and is therefore subject to the City’s Shoreland Regulations. Within a shoreland,
development lots must conform to the shoreland standards contained in the Zoning Code, Section 154.800,
Table 17-3, or develop as a Planned Unit Development with a Conditional Use Permit. A PUD is a
negotiated zoning district, and according to the Lake Elmo Zoning Code Article 19, Planned Unit
Development Regulations, the City may grant zoning flexibility in order to better utilize site features and to
obtain a higher quality of development. Or put another way, through the PUD review and approval process
the City may grant development and zoning flexibility in order to better protect and use site features to
obtain a higher quality of development than would occur by following the City’s subdivision standards.
Shoreland Regulations. Most of the western part of the development site is in the Shoreland Boundary
area of Sunfish Lake. The City has adopted a shoreland management overlay district (Article 18 of the City
Code) that regulates land uses and the intensity of land uses within the shoreland boundaries of the lakes in
Lake Elmo. The purpose of the Shoreland Overlay District is to preserve and enhance the quality of surface
waters and conserve the economic and natural environmental values of shorelands. This is accomplished
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by regulating the placement of improvements and structures and regulating the amount of land alterations
and the intensity of development that may occur in the shoreland management area. The shoreland
boundary area and management overlay district generally extends 1000 feet out from the ordinary high
water mark of a public lake, as determined by the Minnesota DNR.
The following is a listing of the most relevant Shoreland Regulations for this proposal:
For sewered lots – the minimum lot size is 20,000 square feet; the minimum lot width is 125 feet,
maximum impervious surface area allowed on each lot 30 percent.
PUDs – Section 154.800 C 11 Planned Unit Developments. (for PUD’s in a Shoreland Zone)
a. Density: Deviation from the minimum lot size standards of Table 17-3 of this ordinance (for lot
size and lot width) is allowed if the Standards in this section are met.
b. Application for a PUD. The applicant for a PUD must submit the following documents prior to
final action on the request:
1. Property owner’s association agreement with mandatory membership.
2. Deed restrictions, covenants, permanent easements or other instruments that:
a. Address future vegetative and topographic alterations, construction of additional
buildings
b. Ensure preservation and maintenance of open space in perpetuity in accordance with
the criteria and analysis specified in this ordinance.
c. Design Criteria
General Design Standards.
1. Dwelling units must be clustered into one or more groups and located on suitable areas of
the development.
3. At least 50 percent of the total project acre shall be preserved as open space an meet the
standards in the ordinance.
4. PUDs shall be connected to public water supply and sewer systems. When sewer is not
available, individual septic systems are not allowed; community sewage treatment systems
are required.
g. Open Space Requirements.
Open Space must constitute at least 50 percent of the total project area within the shoreland and
must include areas with physical characteristics unsuitable for development in their natural
state.
Open Space may include outdoor recreational facilities for use by the owners of lots in the
subdivision and by general public: and stormwater detention facilities.
Open space shall not include road rights-of-way, lots (unless owned in common by an owners
association).
h. Open space Maintenance and Administration Requirements.
Open Space preservation. The appearance of open space areas, including topography,
vegetation and allowable uses, must be preserved.
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Before final approval of a PUD is granted, the development/owner shall provide for the
preservation and maintenance, in perpetuity, of open space and the continuation of the
development as a community.
Development organization and functioning. All planned unit development must use an owners
association with the following features:
1. Membership must be mandatory for each dwelling unit owner and successive owner;
2. Each member must pay a pro rata share of the association’s expenses and unpaid
assessments can become liens on units or dwelling site;
3. Assessments must be adjustable to accommodate changing conditions; and
4. The association must be responsible for insurance, taxes and maintenance of all commonly
owned property and facilities.
Shoreland Tier Analysis. The City Code requires the development to be reviewed and approved as a PUD
since the proposed lots do not conform to the base dimensional standards of the shoreland district, The
purpose of PUDs in the Shoreland District are “to protect and enhance the natural and scenic qualities of
shoreland areas during and after development and redevelopment of high-density residential uses.” In
general, the proposed Concept PUD should meet the purpose of a PUD development in the shoreland of a
lake – subject to changes and conditions of approval as outlined in this report.
The Code also requires the developer to provide a shoreland tier analysis (for calculating density). This
will be required with any revised concept plan and for the future preliminary plat and preliminary PUD
Plans submittal. The PUD concept plan that was submitted by the developer has a tiering analysis that lists
the acreage and possible number of housing units that may be developed within each tier of the land around
Sunfish Lake. The analysis that is shown on the revised PUD concept plan says that there would be 7 units
in Tier One, 36 units in Tier Two, 71 units in Tier 3 and 20 units in Tier Four. The proposed numbers of
units in each tier meets the requirements of the Shoreland Ordinance. The developer will need to revise and
update this analysis as the proposal moves through the various steps of the design, review and approval
process with the City.
Shoreland Open Space Review. As noted above, the Shoreland Ordinance requires that at least 50
percent of the shoreland area be preserved as open space with a conservation easement. The developer’s
PUD concept plan notes that about 61.7 acres of the site is within the Shoreland Management Area of
Sunfish Lake. This means that at least 30.9 acres within the shoreland area of the lake is required to be
preserved. The green cross-hatched areas on the PUD concept plan are the proposed open space areas
within the shoreland area and they include the land immediately adjacent to the lake (20.2 acres) and
ponding areas and open space around the proposed detached townhouses for a total of about 31 acres of
preserved open space. Meeting this 50 percent open space preservation requirement will be a
recommended condition of approval. City staff provided the Minnesota Department of Natural Resources
the project narrative and the PUD concept plan for its comment, but we have not yet received any
comments from the DNR about the proposal.
PUD REVIEW
When evaluating a PUD proposal, a PUD must meet one or more objectives contained in Section 154.751
of the City Code and meet the minimum requirements of Section 154.753 which include a minimum of
20% protected open space and street layout requirements.
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Minimum Requirements for PUD:
a. Lot Area: The site area exceeds the minimum lot area for a PUD and potentially achieves the
following PUD objectives identified in Section 154.751 (with City staff comments and comments
from the applicant as outlined in its project narrative):
A. Innovation in land development techniques that may be more suitable for a given parcel
than conventional approaches. Applicant comment: The proposal clusters the
proposed home sites on the flattest parts of the site and complies with the 50 percent
shoreland overlay open space. This design maintains more distance from the lake for
the disturbed areas, preserves most of the trees on site and preserves the existing
terrain (slopes and wetland) near the lake.
B. Promotion of integrated land uses, allowing for a mixture of residential, commercial and
public facilities. Staff comment: The developer is proposing a mix of residential
housing types. The proposal shows single-family lots closer to the lake, smaller villa-
style homes on the north and eastern parts of the site and denser small lot single
family housing (detached townhouses) south of Stillwater Boulevard, north of the
railroad tracks. This concept plan provides a variety of detached housing options in
one neighborhood.
C. Provision of more adequate, usable, and suitably located open space and recreational
amenities and other public facility than would otherwise be provided under
conventional development techniques. Staff comment: The developer is conserving or
creating about 30 acres of open space within the shoreland overlay area of the project
site. This will conserve the slopes and woodlands and will provide a significant buffer
around the lake and wetland.
D. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing. Staff comment: As noted by the
applicant, this location is close to the heart of Lake Elmo’s village and commercial
districts and would create housing opportunities for local employees. The proposed
neighborhood trail, the regional County trail and street connections to the Old Village
becomes a gateway for many area residents to walk or bike to downtown destinations.
In addition, development site offers easy access transportation access via Stillwater
Boulevard to area highways and freeways.
E. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities. Staff comment: The developer would be
meeting this objective by maintaining in perpetuity more than 20 acres of land as
either private or public open space near Sunfish Lake. This is a significant piece of
property that will become the gateway to Lake Elmo, maintaining a rural first
impression for those visiting the City and offering recreational opportunities for the
residents of Lake Elmo. This open space area also provides a significant space for
existing woodland and wildlife conservation.
F. Preservation of historic buildings, structures or landscape features. Staff comment:
The applicant notes in its narrative that there are ongoing discussions regarding the
possibility of saving a portion of Schiltgen Barn.
G. Coordination or architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses. Staff comment: The applicant
notes that it partners with national and local homebuilders to deliver high-quality
homes that will be architecturally compatible within the development and the
surrounding area.
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H. Creation of more efficient provision of public utilities and services, lessened demand on
transportation and the promotion of energy resource conservation. Staff comment: This
development is located at a main intersection in Lake Elmo and would be within
walking and biking distance of retail, office and educational facilities. It also is
within walking distance to the Lake Elmo Park Reserve. This would allow the
residents to access these services and amenities without the need to drive, lessening
the impact to traffic and roads. It also promotes a more sustainable living, less car
dependent option to be in close proximity to these services and amenities.
I. Allowing the development to operate in concern with a redevelopment plan in certain
areas of the City and to ensure the redevelopment goals and objective will be achieved.
Staff comment: As noted by the applicant, the development will use a new sanitary
sewer line that is planned to be built to serve parts of the Old Village, thereby
bringing infrastructure updates and efficiency to the area.
J. Higher standards of site and building design than would otherwise be provided under
conventional land development techniques. Staff comment: The applicant notes that
the proposed PUD would allow a mix of housing types (various single-family lots)
providing a more interesting and unique development, both visually and meeting the
housing needs for a broader demographic in Lake Elmo as identified in the newly
adopted Comprehensive Plan.
b. Open Space: The revised PUD concept plan provided by the developer shows about 30.9 acres of
open space and green areas within the development – 25.0 percent of the 123.4 acres of the
development site. These open space areas include 20.2 acres on the west side of site with Sunfish
Lake including a wetland area and bluffs along the lake and a total of 10.7 acres for storm water
ponding areas and the common areas around the proposed detached townhouses. The Shoreland
Ordinance requires 50% of the shoreland area be open space held in conservation easement. It
appears that the proposed Concept Plan meets the 50% open space requirement in the shoreland.
As part of the preliminary plat and preliminary PUD Plans, the developer will be required to
provide a shoreland tiering analysis.
c. Street Layout: The PUD ordinance appears to place a preference for a street grid to compliment
the older portions of the City. The proposed PUD development incorporates a modified street grid
and shows connections to the new streets that were recently constructed to the north of the
developer’s site in the Legacy of North Star development and a street connection at the southeast
corner of the site to the Old Village.
V-LDR/PUD Density. The V-LDR zoning district allows a maximum density of 2.49 du/acre. The PUD
ordinance provides the ability for the City to allow for an increase in density by up to 20 percent of the
density allowed in the base zoning district. Increases in density can be accomplished by meeting amenity
point thresholds per Section 154.754, Table 16-1 and Table 16-2. The developer is seeking to have 2.70
du/acre, 8.4 percent over the allowed base density with PUD amenity points (2.70-2.49=0.21,
0.21/2.49=8.4 percent). The developer has not yet outlined the amenities for which they will be seeking
City approval of amenity points. Examples of such amenities the developer might include in the design of
this PUD are (with the City standards listed for each):
• Providing additional open space - 10 points = 10% increase in density
A minimum of 50% of the site not occupied by buildings shall be landscaped outdoor open
space. A minimum of 50% of the provided open space shall be contiguous. Open space
classifications that qualify may include natural habitat, neighborhood recreation, trail corridors
or open space buffers.
• Historic Preservation – 10 points = 10% increase in density
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The Preservation, rehabilitation or restoration of designated historic landmarks in a manner that
is consistent with the standards for rehabilitation of the Secretary of the Interior as part of the
development.
• Using Fire Sprinkler systems – 5 points = 5% increase in density
The installation of fire sprinkler systems, per NFPA 13, 13D or 13R, in structures that are not
currently required to install these systems under state code. Amenity points will only be
awarded in situations where there are a significant proportion of structures in the development
that are not required to be sprinkled under State Building Code. In addition, the density bonus
calculation shall only be applied to the number of structures that do not require fire sprinkler
systems.
• Adaptive Reuse – 5 points = 5% increase in density
Significant renovation, rehabilitation and adaptive reuse of an existing building(s), rather than
demolition.
• Providing theming 1-3 points = 1-3% increase in density
Significant utilization of various elements of Theming consistent with the 2013 Lake Elmo
Theming Project, including but not limited to signage, fencing, landscaping, lighting and site
furnishings. Amenity points will be awarded based upon the quality and magnitude of Theming
elements integrated into the project.
• Enhanced Landscaping 1-5 points = 1-5% increase in density
A Landscaping Plan of exceptional design that has a variety of native tree, shrub and plant types
that provide seasonal interest and that exceeds the requirements of the Lake Elmo Design
Standards Manual. The landscaped areas should have a resource efficient irrigation system. The
Landscaping Plan shall be prepared by a licensed landscape architect. Amenity points shall be
awarded based upon the quality and magnitude of the Landscaping Plan.
Total potential amenity points = 30-35
The Planning Commission should review the above list of potential amenities against the proposed Concept
PUD and make a recommendation as to what amenities the developer should include in their project plans
as the development moves forward through the City review process. If possible, the Planning Commission
should make a recommendation to the City Council as to what design elements in the development should
receive amenity points (and how many points the City should grant for each).
As an alternative, the Planning Commission should provide a condition that would require the developer to
reduce the density to the maximum allowed by the City Code (271 maximum units). The City will review
and consider the possible amenity points and increased density in more detail during the review and
consideration of the preliminary PUD/preliminary plat plans.
Lot Sizes and Widths. The minimum lot width for single-family lots in the shoreland of Sunfish Lake is
125 feet, and in the V-LDR Zoning District the minimum lot width is 70 feet. The minimum lot size for
single-family lots for the shoreland of Sunfish Lake is 40,000 sq. ft. and in the V-LDR zoning district it is
9,000 sq. ft. The latest concept plan for this site shows three lot sizes and lot widths for single family homes
in the PUD. They include:
65-foot-wide lots with a lot area of 8,400 square feet
55-foot-wide lots with a lot area of 7,100 square feet (Villa style lots)
28-foot-wide lots with a lot area of 2,800 square feet (detached townhouses)
Planning Commission Meeting
December 14, 2020 Page 12
Based on the proposed lot sizes, the developer is proposing the following deviations from the minimum lot
widths and minimum lot area:
V-LDR/VMX Proposed
Minimum lot width 70 feet 28, 55 and 65 feet
Minimum lot area 9,000 sq. ft. 2,800, 7,100 and 8,400 sq. ft.
Note: The 55-foot and 65-foot wide lots are the same size as those in the Legacy at North
development to the north of this site.
For reference, for townhouses in the VMX zoning district, the minimum lot width is 25 feet and the minimum
lot area is 2,500 square feet. The City’s PUD Ordinance allows the City to approve developments with some
flexibility from zoning and subdivision requirements.
Small-lot single family homes (detached townhouses)
The proposed small-lot single family dwellings shown in the area south of Stillwater Boulevard would be a
new housing product in Lake Elmo. They would be very similar to townhouses although there would be no
common walls connecting the units. The applicant refers to these homes as detached townhomes as an
association will maintain the grounds like in a townhome development.
Overall Layout and Access:
The proposed plan for the area south of Stillwater Boulevard shows an urban-style development with single
family detached homes facing onto the public roads. Access to the units is provided by a private road system
that accesses the garages on the rear of each building. No accesses are provided off of Klondike Avenue or
Stillwater Boulevard (which is a County Road.) The proposed private roads would be 24 feet in width and
would essentially function like an alley system to provide vehicle access to the rear of these homes. Parking
requirements, minimum private street widths, fire hydrant locations and areas for snow storage are important
design details the City will need to review and approve for this part of the development.
Parking:
Each the proposed detached townhouses would have a two-car garage with a driveway to meet the City’s off-
street parking requirement of having at least 2 parking spaces per unit. The Code also requires the developer
to provide an additional 10 percent of the required parking spaces for visitor parking. In this case the Code
requires an additional 19 off-street parking spaces for guest or visitor parking. The applicant’s plans show
52 off-street parking spaces scattered within the detached townhouse development.
Because of the number of driveways, the lack of clear space between driveways and the 24-foot width, the
City should not allow on-street parking on the private road system.
Building Sizes:
The proposed buildings would be 20 feet wide centered on a 28-foot-wide lot. This means there would be a
4-foot building setback from each side property line and 8 feet between the buildings. Each lot is proposed
to be 103 feet deep creating a lot size of 2,800 square feet for each lot. The total foot print of each building
would be up to 1,360 square feet (20 feet wide by 68 feet in length).
The V-LDR zoning district standards for single-family detached dwellings requires dwelling units to be at
least 24 feet in width and at least 960 square feet in area. The City may allow the developer to have 20-foot
wide detached dwellings in this development through the PUD approval process.
Planning Commission Meeting
December 14, 2020 Page 13
Setbacks:
The applicant is proposing 4-foot side yard setbacks (8 feet between buildings), 15-foot front yard building
setbacks from the private driveways or a public right-of-way and a 20-foot rear yard building setback from
the private driveways. It would be preferable if there was at least 24-foot setbacks between the garage door
and the edge of the private streets to allow sufficient parking on the private driveways for longer vehicles.
The 4-foot side yard setbacks are smaller than what has developed in Lake Elmo for detached housing but
we note that if this site developed with attached townhomes, the setback distance between units would have
been zero. It is helpful to look at these proposed units like townhomes that have been split apart into
individual detached units. According to Scott Qualle, the Lake Elmo Building Official, this design of
housing with the proposed setbacks are possible to construct if they meet current building code standards.
These standards require fire resistant construction on the exterior walls with 5/8-inch fire-rated sheet rock, a
limited number of openings (doors and windows) in the side walls of each building, all penetrations through
the walls must be protected and the overhangs may not be wider than 1 foot so they are not within 2 feet of
the lot line and they must be fire-protected on the underside to a distance of five feet from the lot line.
Another design alternative to accommodate this type of housing would be to have a fire-suppression system
(fire sprinklers) in each of the detached townhouses. Using fire sprinklers in the construction from a
building/fire code standpoint also would allow the buildings to have the 4-foot setbacks from the side
property lines without any additional special construction methods or techniques.
Setbacks. The building setbacks in the V-LDR District is:
Front – 25 feet
House side – 10 feet
Garage side – 5 feet
Corner side-15 feet
Rear – 10 feet
Setback from County Roads – 50 feet
The developer is proposing the following setbacks:
Front yard – 25 feet, 15 feet for 28-foot-wide lots
Front yard/Side loaded garages – 15 feet
Side yard -7.5 feet/7.5 feet, 4 feet for 28-foot-wide lots
Rear yard -25 feet, 20 feet for 28-foot-wide lots
Side yard corner lot - 20 feet
Setback from the CSAH 17 – 50 feet
Setback from CSAH 14 – 50 feet
The typical front yard setback in all urban districts is 25 feet, but the City has allowed 20-foot front yard
setbacks in some instances. Most recently, the Royal Golf Club at Lake Elmo Planned Unit Development
was allowed 20-foot front yards setbacks where the garages were side loaded. The current proposal for 25
foot front yard setbacks meets the City’s standard setback requirement. The City Engineer has indicated that
the City would need a detailed right-of-way/utility easement design layout that shows/demonstrates that all
infrastructure is being adequately accommodated, and in addition other City requirements are being met.
Impervious Surfaces. The maximum allowed impervious surface within the shoreland of Sunfish Lake is
30 percent and for residential lots in the V-LDR zone is 75 percent. The developer has not identified any
proposed changes to the required impervious coverage maximums; however, impervious coverage will likely
be exceeded on the smaller villa-style lots as proposed.
Planning Commission Meeting
December 14, 2020 Page 14
Sidewalks. The City’s standard local residential street detail requires a 6-foot-wide public sidewalk be
constructed on one side of any public street. The proposed PUD concept plan shows 60-foot-right-of-ways
for the public streets within the development, but it does not show sidewalks on any streets. As noted below,
the current City standard right-of-way width for local residential streets is 66 feet.
Easements. The City requires 10-foot-wide drainage and utility easements along all public rights-of-ways
and rear property lines, 5-foot-wide easements alongside property lines, and easements for stormwater
management and public utilities as needed. The City should require the applicant to show all required and
necessary easements on the preliminary and final PUD plans.
Architecture. The developer has proposed three housing types – villas on 55-foot-wide single-family lots,
detached single-family dwellings on 65-foot-wide lots and detached townhouses on 28-foot-wide lots south
of Stillwater Boulevard. The developer’s narrative suggests it would partner with national and local home
builders to deliver high-quality and architecturally appealing homes and that the designs will be
architecturally compatible within the development and the surrounding area. The design of villa homes
typically focuses primarily on main floor living with a finished basement and occasional second story rooms.
The developer provided City staff with an image of detached townhouses that were recently approved in the
City of Maple Grove. I expect that if approved, the detached townhouses in this PUD would look similar to
those shown in the supplied image. No other architectural information has been provided to the City at this
point. The City will require a more robust architectural plan for the entire development with the preliminary
plat and preliminary PUD Plans submittal.
Parks.
• Park Dedication Requirement. The developer is required to provide the City with either physical
land, a cash payment, or a combination of the two to meet the park dedication requirements of the
City. For a land dedication, the City would require the developer to provide the City with 10 percent
of the land, which would be 12.34 acres. The developer has not identified any areas for park land
dedication within the development but has identified open space areas on the Concept PUD totaling
about 30 acres.
• Park Dedication/Open Space. There are large sections of the development that would be left open
including about 20.2 acres next to the lake. Much of that is undevelopable due to the existing slopes
and the requirements in the shoreland code. These areas are part of the proposed open space as
required by the Shoreland Ordinance. City staff would not recommend that the City consider any of
these open space areas for public park land dedication purposes.
• Neighborhood Park Search Area. The Comprehensive Park Plan identifies a neighborhood park
search area over a portion of the proposed development site.
• Community Park Search Area. The Comprehensive Parks Plan also identifies this development site
in the search area for a Sports Complex/community park.
Neighborhood Park. The Parks Chapter of the 2040 Comprehensive Plan defines a neighborhood park as
“smaller parks offering more common and highly used facilities to immediate area residents.” Within the
neighborhood search area for this part of Lake Elmo there is not a public park to serve the immediate area.
The parks within the Legacy at North Star development are not public and there is not a park site proposed
internal to the proposed development that the residents would have access to. Lake Elmo Elementary School
is in close proximity but to use the schools’ recreation facilities, children would have to cross a busy roadway
(Lake Elmo Avenue). Being this is the concept phase of the development review, it would be best for the
Parks Commission and the City Council to state the types of facilities the City would like to see in a new
neighborhood park, if desired. For example, a ballfield, open field for field sports, a playground or a
combination of these.
Planning Commission Meeting
December 14, 2020 Page 15
Community Park. The Comprehensive Park Plan identifies this part of Lake Elmo as being in a search area
for a community park. The 2040 Comprehensive Plan noted the search area for such a park facility was the
entire Village Planning Area and the objective for this park would be to serve as an important gathering place
for the entire community and have specific programming tailored to meet the needs of the growing
community. The planned park should be about 10-15 acres in the Village Planning Area and is to provide
ample opportunity and access to both passive and active recreational space.
It is unlikely the City and the property owner/developer will be able to reach an agreement about having a
10-15 acre community park within this development. The current property owner of the proposed
development site also owns an undeveloped 32 acre parcel south of Stillwater Boulevard and immediately
east of Hagbergs Market and Lions Park. This parcel is in the Village Planning Area, is relatively flat and is
a property that could possibly accommodate a 10-15 acre Community Park. A method to accomplish the
goal of the City to have a site for a community park in the Village Planning area would be for the City to
accept a 12.3 acre land donation for a public park out of the 32 acre parcel from the existing property owner
to meet the park dedication requirements for this development. This arrangement would be similar to
agreement the City made with the developer of Legacy at North Star PUD for park dedication. In that case,
the City entered into a Memorandum of Understanding that allowed the developer to receive park dedication
credit in the amount of 6.51 acres for Outlot D of the Northport subdivision (which is adjacent to Reid Park).
The City should consider the need of a 2-3 acre neighborhood park within the development site and the
possible siting of a community park/ sports complex as part of the review of the Concept PUD plans.
2040 LAKE ELMO COMPREHENSIVE PLAN
• HOA Land. The developer noted that they are exploring options for preserving part of the barn on
the property. Any preserved elements and common areas within the PUD should be owned and
maintained by the HOA.
Park Dedication Criteria:
The City Code outlines the type of land that is considered acceptable for park dedication. This language
outlined below, can be found in Section 153.15 Park Land Dedication Requirements.
Neighborhood Park Search Area
Planning Commission Meeting
December 14, 2020 Page 16
153.15 Parkland Dedication Requirements.
(C) Land acceptability. The City must approve the location and configuration of any park land which is
proposed for dedication and shall take into consideration the suitability of the land and for its intended
purpose; the future needs of the City for parks, playgrounds, trails, or open space; and the recommendations
of the City’s Parks Commission. The following properties shall not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water drainage and
retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council determines that all of
the following criteria are satisfied:
(a) Would be in the best interests of the general public;
(b) Would be valuable resource for environmental preservation, educational, or habitat preservation
purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the City as a result of maintenance or preservation
requirements.
Staff has not walked the land but does believe some of the area near the lake would have some value as a
“nature park” and would have similar aesthetics to Sunfish Lake Park. In order for this land to be accepted
the City would need to consider the criteria of 153.15 C 3. a-d (above). Furthermore, trails can count towards
the required park dedication. Unless the trails are public and deeded to the City, dedication credit for the
trails should not be considered. With that said, staff believes that portions of the open space could count
towards the park dedication requirements. This type of dedication would not lead to further park development
as it would more than likely remain “natural.”
The City’s Parks Commission, on July 20, 2020, reviewed the Parks and Trail requirements for the first
Concept PUD plan for this site. The City Parks Commission will be reviewing this revised Concept PUD
plan during their December 21, 2020 meeting to make a recommendation about the parks and trails
requirements..
Trails. The Comprehensive Trails Plan identifies a needed trail along Lake Elmo Avenue and for a trail along
Stillwater Boulevard. Washington County is planning for a trail in this corridor as part of its Central
Greenway Trail project. The City should consider the need for the developer to install trails along the west
side of CSAH 17 (Lake Elmo Avenue) along the south side of CSAH 14 (Stillwater Boulevard). These trails
would provide continuous and safe pedestrian connectivity from this development to developments to the
north and to the Village area to the east.
The Concept Plan shows a trail extending into the development from the Legacy at North Star development
that would proceed south and west to the open space area adjacent to Sunfish Lake. The plans also shows
locations for regional trails along Stillwater Boulevard and Lake Elmo Avenue. The City should require the
developer to install a trail along the north side of the new east/west street from Lake Elmo Avenue to connect
the County and local trails shown on the concept plan.
It was a condition of the Legacy at North Star First Addition preliminary plat approval that the applicant
provide a trail connection to the Hamlet on Sunfish Lake trails plat, as shown below. This trail connection
runs along 39th Street and will connect the Hamlet on Sunfish Lake trails to Lake Elmo Avenue. The applicant
and City have worked with the Hamlet on Sunfish Lake residents to determine this connection point. The
City recently reached an agreement with the Hamlet neighborhood to have many of the trails in their
neighborhood available for public use while some of the trails in the Hamlet neighborhood remain private
for the use of their residents.
Planning Commission Meeting
December 14, 2020 Page 17
There may be an opportunity to include a trail from the northwest corner of this development into the
southwest corner Legacy of North Star development and/or into the Hamlet on Sunfish Lake neighborhood.
There will be a stormwater ponding located just north of proposed Lots 47-49 that the City will own when
the developer completes its construction and there will be a 3-acre HOA-owned and maintained play area
north of the ponding area as shown below.
Legacy at North Star Plan
Having an off-street trail in this area will allow for easy pedestrian connectivity between these parts of the
developments and to the future play area to the north. It appears that a possible location for such a trail would
be between proposed Lots 47 and 48. The City should require the developer to study the options for public
trail connections in this area as it prepares the preliminary plat and PUD plans. I have attached map of this
area showing more detail for your reference.
All trails within this development shall be eight-feet-wide and for all of the public to use. The HOA may
need to maintain some or all of these trails, however.
Barn Preservation. The developer noted in its project narrative that they exploring options for preserving
part of the barn. The latest concept plans show building lots where the existing farm buildings are located.
The City should require the applicant to provide more design details about the potential barn preservation
(including any off-street parking) with any submittal for preliminary PUD/plat approval. I would expect that
if the developer is able to preserve some of the barn that it would be located in a common area owned and
maintained by the HOA.
Subdivision Signs. Section 154.212 allows one sign per entrance of a residential development with a
maximum sign area of 32 square feet for the main entrance and 24 square feet for all other signs. No signs
have been proposed.
Planning Commission Meeting
December 14, 2020 Page 18
Washington County Review. City staff sent the proposed revised PUD concept plan to Washington County
its review and comments as the site is at the intersection of two County Roads. I have attached the County’s
response letter dated December 7, 2020 for your review. The latest proposal addresses many of the concerns
the County expressed earlier this year during their review of the previous concept plans. The County review
notes several important issues and design elements the developer will need to resolve as it moves the project
forward. These include:
1. The comments from Jack Griffin, the City Engineer, dated November 8, 2020, are acceptable to
Washington County Engineering and Planning staff.
2. As part of the platting process, the City and the County will be requiring the developer to dedicate
additional right-of-way along County Road 17 (Lake Elmo Avenue) and along realigned County
Road 14 (Stillwater Boulevard) to meet County standards. The CSAH 17 right-of-way requirement
is 150 feet total as measured from the existing east right-of-way line and the right-of-way
requirement for County Road 14 is 180 feet total – 90 feet from centerline. The proposed plans
identify the required ROW for each of the County roads and both are acceptable. (City Staff note:
The County also may require the developer to dedicate additional right-of-way adjacent to the future
roundabout and to accommodate turn lanes, where necessary).
3. The new local street access on the north development area along CSAH 17 is acceptable as well as
the south development area at a future roundabout at CSAH 17/CSAH 14.
On a temporary basis, the south development area access will need to be provided at Klondike.
Temporary turn lanes improvements will need to be designed and approved by the County traffic
engineer. The City also should consider having the Klondike access to CSAH 14 (Stillwater
Boulevard) be relocated 150 to the east of the current access point so the temporary turn lanes are
further away from the steep slopes west of the site on both the south and north sides of the highway.
4. The developer will be responsible to construct turn lanes into the development on the County Roads
according to County requirements. This includes a center left and a right turn lane at the intersection
of the new local street and CSAH 17 (Lake Elmo Avenue). The plans will need to be approved by
the County Traffic Engineer and will require a Washington County right-of-way permit for the
improvements.
5. The developer will need to clearly show the existing and proposed right-of-way for the County
Roads (and all City streets) on the proposed preliminary plat.
6. The plans identify trail connections within the site as well as along CSAH 17 (Lake Elmo Avenue)
and CSAH 14 (Stillwater Boulevard). The Washington County 2040 Comprehensive Plan identifies
the Central Greenway Regional Trail corridor along this section of Stillwater Boulevard. The plans
identify this Regional Trail.
7. Trails also should connect from the intersection of CSAH 17/CSAH 14 intersection (the future
roundabout) to the south development area as well as the “Old village.” (City Staff note: The
County has stated in the past that they will work with the City on the trail efforts in this area and the
trails should connect to the subdivisions to the north, to the Old Village Center and Lake Elmo
Elementary School).
Planning Commission Meeting
December 14, 2020 Page 19
Streets. The developer is proposing a modified street grid and is proposing 60 foot wide public rights-of-
ways with 28 foot wide streets for the part of the development site north of Stillwater Boulevard. Such a
street design, if approved by the City, would allow parking on one side of the street, except where a center
island exists, such as at the entrance roads off of Lake Elmo Avenue. This proposed street design is consistent
with the streets in the Legacy at North Star development.
The City’s Engineering Design standards, however, call for 66-foot-wide public street right-of-ways for local
residential streets with 32-foot-wide pavements allowing parking on both sides of the streets. The developer
should design the public streets meeting these City standards when they prepare their preliminary PUD/Plat
plans for the development. If the developer requests and the City approves 60-foot-wide public street right-
of-ways in this PUD, then the City may allow parking on one side of the public streets.
For the area south of Stillwater Boulevard, the developer’s plans show a public street extension of County
Road 17 proceeding south from the future roundabout along the eastern property line of the site that turns to
the southwest ending in a cul-de-sac. This proposed street connection cannot be made until the future
roundabout at the intersection of CSAH 14 (Stillwater Boulevard) and CSHA 17 (Lake Elmo Avenue) is
constructed. It is not clear however, when or who would be constructing the roundabout. The City Engineer
is recommending the City require the developer revise the proposed street plans to delete the cul-de-sac and
continue the public street through the site to make a connection to Klondike Avenue. This street connection
would provide an alternate primary access to the development area south of Stillwater Boulevard before the
construction of the future roundabout. This street connection will require the developer to make
improvements to Klondike Avenue to meet current City street standards together with turn lane and
intersection improvements at Stillwater Boulevards as recommended by Washington County. There also may
be a need for the developer to dedicate additional right-of-way for Klondike Avenue and for the future
roundabout. The proposed Concept plans do not show any changes to Klondike Avenue or to the existing
railroad crossing.
The proposed plans also show a public street connection to the southeast corner of the site connecting to
Upper 33rd Street on the north side of the railroad tracks. This is consistent with City staff recommendations.
The remainder of the streets south of Stillwater Boulevard would be 24-foot-wide private driveways that
would provide access to the proposed small-lot single family homes (the detached townhouses).
Additionally, the developer should plan for a secondary access to the west near the western portion of the
site to provide access to the land locked Chavez parcel (to be discussed next in this report).
Chavez Land Locked Parcel. To the west of the proposed residential development (on the west side of the
Schiltgen Farm), is the Chavez property. For some time, Mr. Chavez has been seeking access to his
landlocked parcel. It is unclear to City staff if the Chavez property is buildable. The property is subject to
shoreland and Rural Residential setback requirements, septic area (unless public utilities are provided to the
lot) and setback requirements. Mr. Chavez is requesting access through the subdivision of the Schiltgen
Farm property. The PUD concept plan shows an area about 25 feet wide between Lots 43 and 44 that could
provide access to the Chavez parcel.
Planning Commission Meeting
December 14, 2020 Page 20
Tree Removal and Preservation. Most of the trees on this site are around Sunfish Lake and the
existing farm buildings. The trees near the lake should be preserved as they would be in the open space
area except for any that would be removed due to trail construction. The applicant has not yet submitted a
proposed tree and landscaping plan for this site. The City should require the applicant to provide a detailed
tree inventory and preservation plan for the areas of the PUD that would be developed with housing and
would have improvements such as trails and streets.
The City also will require the applicant to provide a complete tree inventory and tree
preservation/replanting and landscaping plans for the areas of the site that would be disturbed as part of any
site development applications going forward. The City’s tree preservation ordinance allows for 30%
removal of significant trees on a site and the City requires a tree mitigation plan showing how the
developer will replace any removed trees.
Landscaping. The applicant has not yet provided the City with any details about landscaping for the site
(nor is it required to at this point of the review). The City will require the applicant to submit detailed
landscape plans with its preliminary PUD application and those plans will need to meet or exceed the
City’s landscape requirements for the replanting of trees and for screening. All tree removal, screening and
landscape plans will subject to review and approval by the City’s Landscape Architect.
Wetlands/Buffers. There is an existing wetland in the western part of the development site adjacent to
Sunfish Lake. This wetland would be in the proposed open space area adjacent to and around the lake. The
City requires wetlands and wetland buffers to be fully contained within outlots, outside of lot areas so this
requirement should be met with the proposed open space.
Legacy at North
Star Development
Concept PUD Site
(Schiltgen Farm)
Planning Commission Meeting
December 14, 2020 Page 21
City Engineer Review. The City Engineer has submitted comments as outlined in the attached letter dated
November 18, 2020. The City Engineer has recommended the developer revise the PUD concept plan for
review and approval by City staff before the applicant submits an application to the City for preliminary
PUD/plat approval. This would be the opportunity for the applicant to address several key design elements
that may result in significant plan layout.
Stormwater Management. The developer has not yet prepared a stormwater management plan for the
project at this time. The proposed PUD concept plan shows seven areas for storm water ponding totaling
about 8.2 acres in area. The City Engineer’s memorandum addresses general stormwater management
considerations that the City will require as part of this development. He will need to see additional details
before commenting in any detail on any proposed storm water management plan, and in particular, how the
storm water ponds or basins would be connected and how the storm water system would allow emergency
overflow from the ponds. He also noted the stormwater management design should ensure there are no
landlocked storm water basins and that overland emergency overflow elevations are required and must be
used for all stormwater ponding. The storm water drainage and management system may involve a system
of interconnecting drainage ways incorporated into the design.
Municipal Sewer and Water. The City Engineer’s memorandum provides a review of municipal sewer and
water considerations. One issue of importance is the need to get sanitary sewer to this development site as it
is not readily available to serve the site. The tentative plan is for the City to extend sanitary sewer to the south
side of UP Railroad at the intersection of Klondike Avenue and 33th Street North as part of the City sanitary
sewer improvement project for area south of the railroad tracks. The timing of this improvement project has
not yet been finalized by the City and as the City Engineer notes, the earliest the sanitary sewer would be
available to potentially serve this development would be in November 2021, if the City sewer project remains
on schedule.
The City should not accept an application for preliminary plat/PUD approval for this site until after the City
has awarded a construction contract for the sanitary sewer improvements for the area that includes the scope
of improvements that will make sanitary sewer available for this development. This requirement is to ensure
the final design, scope and timing of those improvements are known to the City and to the developer.
The City Engineer also notes in his comments that the future sanitary sewer connection point is planned to
be located at Klondike Avenue and 33th Street North. The applicant/developer will be responsible to extend
sanitary sewer north under the Union Pacific railroad into the development site at their cost. The development
phasing and timing must planned accordingly. The City will require the preliminary plat and preliminary
PUD Plans submittal to include a detailed proposal showing the sanitary sewer connections.
The developer should extend City water into this site from existing points to the north, east and to the south
of the development. The City Engineer will require the watermain system to be a looped network wherever
reasonably possible to prevent long dead stretches of public watermain. He noted that there only 6-inch
watermains along Stillwater Boulevard and at the west end of Upper 33rd Street North. The watermains may
be limited in their capacity to meet fire flow demands until multiple connections are made or until future
water systems improvements are completed.
Valley Branch Watershed District Comments. The City received comments from John Hanson
from the Valley Branch Watershed District about this proposal. I have attached them for your reference.
The following is a summary of his comments about this development proposal:
Planning Commission Meeting
December 14, 2020 Page 22
1. The project will require a Valley Branch Watershed District (VBWD) permit. Once the
applicant submits a complete VBWD permit application, they will review it for
conformance to the VBWD rules and regulations.
2. The proposal should be designed so it will not flood and not exacerbate flooding.
3. The VBWD will need to see soil borings and/or other infiltration testing results,
computations and design details to determine whether the proposed storm water
improvements will conform to the VBWD rules and regulations. The project will need to
conform to the VBWD’s stormwater management rules, including providing practices that
will control the stormwater runoff volumes and peak stormwater runoff rates.
4. The dense development south of Stillwater Boulevard likely will include a high amount of
connected impervious surfaces that will generate stormwater runoff that will need to be
properly managed.
5. The VBWD requires easement over all land up to the 100-year flood level. The minimum
elevation of structures must be at least 2 feet higher that the 100-year flood level. The
proposed homes north of Stillwater Boulevard should be able to be constructed at 2 feet
higher than the 100 year flood level of the adjacent water, but it is unclear if the structures
south of Stillwater Boulevard will be able to conform to that rules, especially if basements
are proposed.
Subdivision Review Process. In order to proceed with the subdivision of the land included in the
concept plan the applicant will need to prepare a preliminary plat/PUD application. At this stage there
is much more information the City requires as part of that submission process, which also requires a
public hearing.
OPTIONS:
The Planning Commission and City Council are asked to examine the proposed PUD concept plan and
provide guidance to the applicant on if and how to proceed. Keep in mind that a conditional approval at
this point simply allows the applicant to proceed to the preliminary PUD plan stage, and does NOT carry
with it any assurances of future success or approvals. Denial of the PUD concept plan by the City
Council will require the applicant to reassess the development approach and return with a revised/new
PUD concept plan for City review and approval before proceeding to a preliminary PUD plan.
The Planning Commission has the following options:
A) Recommend APPROVAL of the requested PUD concept plan based on the applicant’s
submission, the contents of this report, public testimony and other evidence available to the City
Council.
B) Recommend DENIAL of the requested PUD concept plan based on the applicant's submission, the
contents of this report, public testimony and other evidence available to the Council.
C) TABLE the request for additional information and/or further study.
The PUD concept plan is simply an opportunity for the applicant to submit a plan showing the basic intent and
general nature of the entire development, and there are no specific criteria to guide approval or denial of a
concept plan. City staff would recommend using the following as a guide for discussion.
Planning Commission Meeting
December 14, 2020 Page 23
(1) Has the applicant demonstrated that the proposal fulfills the intent for PUDs and at least one of
the identified objectives or reasons listed in Section 154.751 to permit development as a PUD?
a. If NO, deny the concept plan and provide findings to support the denial. Further review of the PUD
concept plan details would become unnecessary, so the City would not need to take any further action
on this application.
b. If YES, proceed to the next review point.
(2) What exceptions or modifications from the City Code are acceptable to the City Council with this
PUD concept plan and what changes to the plans would applicant need to make with any future
preliminary PUD submittal before the City could accept it for review and possible approval?
Approval to proceed should be conditioned upon the applicant addressing the issues and conditions as
documented in the staff report, and other items or matters as listed by the City Council. The approval of
any exceptions or modifications to the City Code for this PUD will require City Council approval.
RECOMMENDED FINDINGS:
Based on the above comments and analysis, Staff is recommending that the Planning Commission
recommended approval of the PUD concept plan as described above. Staff is making this recommendation
based on the following findings:
1. That the PUD concept plan is consistent with the goals, objectives and policies of the Lake Elmo
Comprehensive Plan and the proposed Future Land Use Map for this area.
2. That the PUD concept plan generally complies with the general intent of the Village Urban Low
Density Residential land use designation and the VMX zoning district with PUD modifications.
3. That the PUD concept plan generally complies with the City’s subdivision regulations.
4. That the PUD concept plan is generally consistent with the City’s engineering standards with
exceptions as noted in the City Engineer’s memorandum dated November 18, 2020.
5. The PUD concept plan meets the minimum requirement for a PUD including minimum lot area, open
space and street layout.
6. The PUD concept plan meets more than one of the required PUD objectives identified in Section
154.751 of the City Code including providing: 1) innovation in land development techniques that
may be more suitable for a given parcel than conventional approaches; 2) promotion of integrated
land uses, allowing for a mixture of residential, commercial and public facilities; 3) more adequate,
usable, and suitably located open space and recreational amenities and other public facilities than
would otherwise be provided under conventional development techniques; 4) accommodation of
housing of all types with convenient access to employment opportunities and/or commercial
facilities; and especially to create additional opportunities for senior and affordable housing; 5)
preservation and enhancement of important environmental features through careful and sensitive
placement of buildings and facilities; 6) preservation of historic buildings, structures or landscape
features; 7) coordination or architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses; 8) creation of more efficient provision of public
utilities and services, lessened demand on transportation and the promotion of energy resource
conservation; and 9) allowing the development to operate in concern with a redevelopment plan in
certain areas of the City and to ensure the redevelopment goals and objectives will be achieved.
Planning Commission Meeting
December 14, 2020 Page 24
7. That the PUD concept plan will preserve important environmental features through careful and
sensitive placement of buildings and facilities.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the revised PUD Concept Plan
(dated November 9, 2020) for the Schiltgen Farm property located 10880 Stillwater Boulevard subject to the
following conditions:
1. That the future preliminary plat and preliminary PUD Plans includes parcels with the PID#s
1402921140001, 1402921410003, 1402921410001 and 1402921410002.
2. That the developer submit a PUD plan as part of any future preliminary development plans and that
the preliminary plat and preliminary PUD Plans submittal shall include a detailed listing of all
requested departures or modifications from City ordinances and development standards including
the requirements of the V-LDR zoning district.
3. That before submitting an application to the City for preliminary PUD plan/plat approval, the
developer revise the PUD concept plan to address the recommended changes from City and County
staff and to allow for additional City and County review.
4. That all comments of the City Engineer’s Memorandum dated November 18, 2020 be addressed
with the developer’s future preliminary plat and preliminary PUD plans submittal. In particular, the
preliminary development plans shall address the provision of public sanitary sewer and water to the
subdivision, storm water management and street and trail design.
5. That all storm water retention and infiltration areas must be dedicated to the City and platted as
outlots on the preliminary plat unless otherwise directed by the City Engineer.
6. That a shoreland tier analysis be provided with the developer’s future preliminary plat and
preliminary PUD plans submittal with the required 50% protected open space.
7. That any approval be contingent on complying with Washington County’s requirements and
requests pertaining to right-of-way, right-of-way dedication, Stillwater Boulevard/Lake Elmo
Avenue intersection realignment and design, turn lanes, stormwater ponding and trail construction
needs.
8. That the developer shall secure all necessary permits from Washington County for any construction
or reconstruction in a County road right-of-way including for the proposed access and turn lanes off
of Lake Elmo Avenue and off of Stillwater Boulevard.
9. That the developer provide trails as recommended by the Parks Commission and Washington County.
All trails must be for public use and shall be located outside of storm water ponding areas where
possible and wetland buffer zones. The developer installed trails shall include a trail on the north side
of the east/west street between Lake Elmo Avenue and the trails shown on the Concept Plan.
10. That the future preliminary plat and preliminary PUD Plans submittal show possible trail connections
near Lots 47 and 48 in the northwest corner of the Concept Plan to the City-owned property around
Planning Commission Meeting
December 14, 2020 Page 25
the storm water ponding area to the north or to the existing trails in the Hamlet of Sunfish Lake
neighborhood to the northwest of the site. The City will require the developer to provide a trail on its
own parcel that must either be dedicated to the City in the plat or by separate easement instrument.
11. That the developer’s future Preliminary Plat and PUD plans submittal include accurate open space
and impervious surface calculations.
12. That the developer’s Preliminary Plat and PUD plans submittal include a complete tree inventory and
tree preservation/replanting and landscape plans to be reviewed and approved by the City’s Landscape
Architect.
13. That the developer provide 6-foot-wide sidewalks on one side of all City streets.
14. That wetlands and wetland buffer areas be contained on outlots outside of lot areas.
15. That all storm water retention and infiltration areas must be dedicated to the City and platted as outlots
on the preliminary and final plats unless otherwise directed by the City Engineer.
16. That the Applicant/developer shall prepare a plan for the ownership and management of the open
space and conservation areas as part of preliminary plat and preliminary PUD plans. All open space
and conservation areas shall be platted in separate outlots to be commonly owned and managed by a
homeowners’ association.
17. That the developer provide the City with a parkland dedication (in fees and/or land dedication or a
combination thereof) as may be recommended by the Parks Commission and as required by Section
153.14 of the City Code with the future final plat.
18. That the developer’s future preliminary plat and preliminary PUD plans submittal include a detailed
subdivision phasing plan that includes a timeline for providing sanitary sewer and municipal water to
and within the site.
19. That if applicable, the developer’s future preliminary plat and preliminary PUD plans submittal shall
include a detailed plan for the preservation and/or reuse of the historic barn and any off-street parking
associated with the barn.
20. That the developer’s future preliminary plat and preliminary PUD plans submittal include a detailed
architectural plan that clearly identifies the various architecture styles for all the proposed buildings.
This should include details about how the proposed detached townhouses will meet building standards
for setbacks, separation and fire-resistant construction between units.
21. That the developer receives a permit from the Valley Branch Watershed District for the construction
of the proposed development.
22. That the developer complies with any comments or requirements provided by the Minnesota DNR.
23. That the developer address all comments of the Fire Chief with any future preliminary plat plans and
preliminary PUD plan submittal.
24. That the developer address all comments of the Building Official with any future preliminary plat
plans and preliminary PUD plan submittal.
Planning Commission Meeting
December 14, 2020 Page 26
25. That street names comply with the City’s Street Naming Policy.
26. That the Applicant provide the City specific examples of proposed amenities and proposed amenity
points with any future preliminary plat plans and preliminary PUD Plans submittal.
27. That the Applicant provide the City specific examples of proposed development signage, fencing,
landscaping, lighting and site furnishings that will adhere to the Lake Elmo Branding and Theming
Study with the future preliminary Plat and preliminary PUD Plans submittal.
28. That the Applicant/developer agrees and understands that the City will not accept an application for
preliminary plat/PUD approval for this site until after the City has awarded a construction contract
for the proposed public sanitary sewer improvements to the south that includes the scope of
improvements necessary to make sanitary sewer available to the site. This is to ensure the final design
and timing of those sanitary sewer improvements are known to the City and to the
Applicant/developer before the City proceeds with any further land use or development review for
this site.
FISCAL IMPACT:
There would be no fiscal impact to the City at this time. PUD concept plan approval does not afford the
applicant development rights. When the property develops, the property will have urban services and the
developer and/or contractors will pay sewer and water connection charges, building permit fees and the like.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council approval of the proposed
PUD Concept Plan (dated November 9, 2020) for the proposed development of the Schiltgen Farm
property located at 10880 Stillwater Boulevard as proposed by the Excelsior Group with the recommended
conditions of approval.
“Motion to recommend approval of the PUD Concept Plan dated November 9, 2020 as requested by
Excelsior Group for the residential development proposed for the Schiltgen Farm property located at
10880 Stillwater Boulevard, subject to recommended conditions of approval.”
Planning Commission Meeting
December 14, 2020 Page 27
ATTACHMENTS:
1. Application Narrative dated November 9, 2020 (4 pages)
2. Location Map
3. Land Use Plan Map
4. Property Line/Address Map
5. Topographic Map
6. Concept PUD Plans (3 pages)
7. NW Corner Plan Detail
8. Southern Lot Layout (Enlarged)
9. Southern Part Plan Detail
10. Sample Building Elevations – Detached Townhouses
11. Valley Branch Watershed District comments dated November 11, 2020
12. City Engineer Report dated November 18, 2020
13. Washington County letter dated December 7, 2020
14. Potential Park Dedication Area Map
15. Ed Gorman comments dated December 6, 2020
To: City of Lake Elmo
From: The Excelsior Group
Re: Schiltgen Property Concept Plan review
Date: November 9, 2020
Thank you for taking the time to review the concept plan for the Schiltgen property.
Concept Plan History
In the spring of 2020, The Excelsior Group submitted a concept plan to the City for review by staff and
the planning commission and council. This concept plan had attached townhomes south of Stillwater
Boulevard. This was received favorably by the planning commission in April with a majority vote to
approve the concept. It was then brought to the council where it was tabled. The primary concern at
council was the county road right of ways. The other issue with this previous plan was the fact that it
would require a comprehensive plan amendment for the townhome portion of the site as attached
products are not a permitted use in village-low density regardless of density.
After the previous concept plan was tabled at council, we took another look and made changes based
on what we heard at the City. After communicating with and receiving digital files from the County, the
concept plan shows the current desired ROW for both Lake Elmo Avenue and Stillwater Boulevard. We
also determined that it would not be prudent to request a comprehensive plan amendment for the
attached townhomes. We redesigned this area with a detached narrow lot single family home. These
will be HOA maintained, rear-loaded with the front door on public right-of-ways or open spaces. We
also removed the entrance to the north from Stillwater Boulevard. By removing this entrance, we
eliminated any concerns regarding spacing along Stillwater Boulevard, and any issues regarding a
realignment of Klondike Ave. In addition, we are able to provide more valuable open space within the
shoreland overlay area and provide an attractive, open area as people travel east on Stillwater
Boulevard into the Lake Elmo downtown area.
What follows is an amended version of the previously submitted narrative that takes into account all the
changes made:
The Property
The property consists of approximately 123 gross acres located on Stillwater Boulevard, west of Lake
Elmo Avenue. A portion of Sunfish Lake is located on the west side. The property is generally flat where
development is being proposed. The area near Sunfish Lake consists of wooded slopes. There is existing
single family to the northwest, new single family construction to the north, a mix of commercial and
institutional to the east, and single family south of the rail road.
Comprehensive Plan
The Property is designated in the 2040 guide plan as Village-Low Density Residential allowing 1-3
units/acre. The concept plan shows just shy of 3 units/acre.
Zoning
The existing zoning is Rural Development Transitional (RT). We will request a re-zoning to a PUD within
a Shoreland Overlay District. We are able to provide a better design for the area with the use of the
PUD. We believe we are in compliance with the following standards and criteria for a PUD (§154.751):
A. Innovation in land development techniques that may be more suitable for a given parcel than
conventional approaches.
In clustering the homes on the flattest portions of the site and complying with 50% shoreland
overlay open space, we are maintaining more distance between development and the lake,
preserving most of the trees on site, and preserving the existing terrain near the lake.
B. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and public
facilities.
We are proposing a mix of residential housing types. Single family lots closer to the lake, smaller
villa style living on the north and east, and denser single family housing south of Stillwater
Boulevard, north of the railroad. This provides a variety of life cycle housing options in one
neighborhood.
C. Provision of more adequate, usable, and suitably located open space, recreational amenities,
and other public facilities than would otherwise be provided under conventional land
development techniques.
30+ acres of open space will be conserved or created within the shoreland overlay. This will
conserve the slopes and woodland and provide a significant buffer around the lake and wetland.
D. Accommodation of housing of all types with convenient access to employment opportunities
and/or commercial facilities; and especially to create additional opportunities for senior and
affordable housing.
This location, being close to the heart of Lake Elmo’s village and commercial districts, creates
housing opportunities for local employees. The proposed neighborhood trail, regional county
road trail, and street connections to the Old Village becomes the gateway for many area
residents to walk or bike to downtown destinations. In addition, this location offers easy public
or private transportation access via Stillwater Boulevard to area freeways.
E. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities.
Over 20 acres of land will be maintained in perpetuity as either private or public open space on
Sunfish Lake. This is a significant piece of property that will become the gateway to Lake Elmo,
maintaining a rural first impression for those visiting the city and offering recreational
opportunities for the residents of Lake Elmo. This open space area also provides significant
woodland and wildlife conservation.
F. Preservation of historic buildings, structures, or landscape features.
There are ongoing discussions regarding the possibility of saving a portion of the Schiltgen barn.
G. Coordination of architectural styles and building forms to achieve greater compatibility within
the development and surrounding land uses.
The Excelsior Group partners with national and local homebuilders that deliver high-quality and
architecturally appealing homes and will continue to work with homebuilders that will deliver
homes that will be architecturally compatible within the development and surrounding
community.
H. Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and the promotion of energy resource conservation.
The development is conveniently located at a main intersection within the City of Lake Elmo,
within walking and biking distance to retail, office, and educational facilities. It is also within
walking distance to the Lake Elmo Park Reserve. This would allow for the residents to access
these services and amenities without the need to drive, lessening the impact to traffic and roads.
It also promotes a more sustainable living, less car-dependent option to be in close proximity to
these services and amenities.
I. Allowing the development to operate in concert with a redevelopment plan in certain areas of
the City and to ensure the redevelopment goals and objectives will be achieved.
The development will utilize a new sewer line that will be built to serve portions of the Old
Village, thereby bringing infrastructure updates and efficiency to the area.
J. Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
A PUD would allow for a mix of housing types (various single-family sized lots), providing a more
interesting and unique development, both visually and in meeting the housing needs for a
broader demographic in the community, as identified as a goal within the newly adopted
Comprehensive Plan.
Infrastructure
The County is requesting additional right of way along both Stillwater Boulevard and Lake Elmo Avenue.
The linework for these roads shown on the concept plan is what was received recently from the County.
Stillwater Boulevard will have additional right of way dedicated to the County for a total of 180’. Lake
Elmo Avenue will have various half right of ways dedicated along the eastern boundary of the property
at the request of the County to ensure they have a total of 150’ width. Because of the existing school on
the east, this proposal is being required to dedicate additional half right of way to ensure an adequate
total width for Lake Elmo Avenue.
The proposed neighborhood will have access off Lake Elmo Avenue for both the north and south side.
The north side will also have two additional access points through Legacy at North Star. The southside
will have an additional access to Upper 33rd Street at the southeast corner of the site. We will design
60’ wide public right of ways for all the single-family homes. A portion of the homes on the south will be
served by private drives.
There is a water stub to the north in the new Legacy neighborhood as well as within Stillwater Boulevard
near Lake Elmo Avenue and south of the railroad. The entire project area will connect to sanitary sewer
located south of the railroad.
Stormwater ponding will be designed to meet or exceed all state and local engineering standards. In
addition to providing stormwater design for the proposed development, we will also provide the City an
additional 3+ acres for City regional ponding on the east side of the development per City request.
c
3OFSCHILTGEN PROPERTY
LAKE ELMO, MINNESOTA
11-2-2020
JLT
JLT
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2019 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
xx
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson 1THE EXCELSIOR GROUP
1660 HIGHWAY 100 SOUTH, SUITE 400
SAINT LOUIS PARK, MINNESOTA 55416
CONCEPT PLAN
55'
65'
65'
28'
c
3OFSCHILTGEN PROPERTY
LAKE ELMO, MINNESOTA
11-2-2020
JLT
JLT
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2019 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
xx
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson 2THE EXCELSIOR GROUP
1660 HIGHWAY 100 SOUTH, SUITE 400
SAINT LOUIS PARK, MINNESOTA 55416
CONCEPT PLAN
c
3OFSCHILTGEN PROPERTY
LAKE ELMO, MINNESOTA
11-2-2020
JLT
JLT
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2019 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
xx
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson 3THE EXCELSIOR GROUP
1660 HIGHWAY 100 SOUTH, SUITE 400
SAINT LOUIS PARK, MINNESOTA 55416
CONCEPT PLAN
David Weekley HomesDONEGAL - HEMLOCK
Minneapolis, MN
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
Memorandum
To: Ken Roberts, Lake Elmo Planning Director
From: John Hanson, Valley Branch Watershed District Engineer
Subject: Schiltgen Farm Concept
Date: November 11. 2020
Project: 23820016.26 2020 001
Introduction
As requested, this memorandum provides preliminary comments on the attached concept plan for the proposed subdivision on the Schiltgen Farm property, located between Lake Elmo Elementary School and
Sunfish Lake, south of the Legacy at North Star subdivision, and north of the Union Pacific railroad. All
subdivisions require a Valley Branch Watershed District (VBWD) permit. More information needs to be
submitted with a VBWD permit application to complete a thorough review and determine whether the
project conforms to VBWD rules and regulations.
Background
Most of the site ultimately drains to Downs Lake, but a small part of the western edge of the site drains to
Sunfish Lake. Both lakes have recently experienced high water issues. The proposal should be designed so
it will not flood and not exacerbate flooding.
Issues
Stormwater Management Without more detailed stormwater management plans, soil borings, and calculations, no
determination on whether the project will conform to VBWD rules can be made. The project will need
to conform to the VBWD’s stormwater management rules, including providing practices that will
control the stormwater runoff volumes and peak stormwater runoff rates. In addition, VBWD requires
a maintenance agreement for the stormwater management practices as well as easements over the
land used for stormwater management.
The concept drawing shows outlines of proposed ponding areas for areas of the project draining to
Downs Lake, but not for northwestern corner of the project that drains to Sunfish Lake. The western
proposed 1.0-acre pond south of Stillwater Boulevard appears to be upstream of the proposed 28-
foot wide lots.
The dense development south of Stillwater Boulevard likely will include a high amount of connected
imperious surfaces, which will generate stormwater runoff that will need to be properly managed.
Erosion Control No erosion control plan has been submitted. One will be required with a VBWD permit application.
Wetland Management and Buffers The proposed layout appears to avoid wetland impacts and provide the VBWD-required minimum
and average vegetative buffers.
To: Ken Roberts
From: John Hanson, Valley Branch Watershed District Engineer
Subject: Schiltgen Farm Concept
Date: November 11. 2020
Page: 2
P:\Mpls\23 MN\82\2382020\_MovedFromMpls_P\2020\SchiltgenFarmConcept.docx
Floodplain Management VBWD requires easements over all land up to the 100-year flood level. The minimum elevation of
structures must be at least 2 feet higher than 100-year flood level. The proposed homes north of
Stillwater Boulevard should be able to be constructed at least 2 feet higher than 100-year flood level
of the adjacent water, but it’s unclear if the structures south of the Stillwater Boulevard will be able to
conform to that rule, especially if basements are proposed.
PAGE 1 of 3
MEMORANDUM
Date: November 18, 2020
To: Ken Roberts, Planning Director Re: Schiltgen Property
Cc: Chad Isakson, Assistant City Engineer Concept Plan Review
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Schiltgen Property Concept Plans received on November 10,
2020. The submittal consisted of the following documentation:
Residential PUD Concept Plan Narrative dated November 9, 2020.
Residential PUD Concept Plans, Sheets 1‐3, dated November 2, 2020.
STATUS/FINDINGS: All public improvements constructed to support the development must be designed and
constructed in accordance with the City Engineering Design Standards Manual dated April, 2019.
TRANSPORTATION IMPROVEMENTS
Right‐of‐way dedication. Right‐of‐way must be preserved, and potentially dedicated, along Stillwater
Boulevard (CSAH 14) and along Lake Elmo Avenue (CSAH 17) as outlined below, and must be preserved to
allow for future intersection improvements, including a potential roundabout. Right‐of‐way dedication
requirements should be reviewed and approved by Washington County and the City of Lake Elmo prior to
receipt of a preliminary plat application.
180 feet is required along the full length of CSAH 14 with additional right‐of‐way at the intersection to
accommodate a future roundabout (approx. 90 feet from the centerline of the roundabout outer
drive lane). The roundabout shown in the concept plan was not provided by the City or County and
will likely need to be relocated.
75 feet from centerline is required along the full length of CSAH 17, however the dedication must
consider the potential realignment of Lake Elmo Avenue along this roadway corridor as it approaches
the future roundabout (with the centerline shifting to the west).
Right‐of‐way dedications must also incorporate the trail corridors as they pass through the future
roundabout intersection.
Additional right‐of‐way is needed along the south leg of the CSAH 14 and CSAH 17 intersection to
accommodate 4 drive lanes, various turning movements, and roadway approaches to the roundabout.
Access Management. Access for development north of Stillwater Boulevard is consistent with County and
City requirements.
Primary access to Lake Elmo Avenue (CSAH 17) appears to be located consistent with the
requirements of Washington County and aligns with the access for the Lake Elmo Elementary School.
Secondary access is completed through two residential street connections to Legacy at North Star.
Access Management for development south of Stillwater Boulevard should be revised as outlined below.
Primary access to Stillwater Boulevard (CSAH 14) is proposed to the future roundabout intersection of
CSAH 14 and CSAH 17. This connection, however cannot be made until the future roundabout
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 3
intersection of CSAH 14 and CSAH 17 is constructed. This intersection project is not planned in either
the City or County 5‐year CIP.
Alternate primary access. A connection to Klondike Avenue and then CSAH 14 is recommended in
order to allow development south of CSAH 14 prior the completion of the future CSAH 14 and CSAH
17 intersection improvements, and to serve the neighborhood during the construction of the future
roundabout. This connection will require improvements to Klondike Avenue to meet current City
standards together with CSAH 14 turn lane and intersection improvements as recommend by
Washington County.
Secondary access is shown through a connection to Upper 33rd Street North located along the north
side of the UP Railroad. This connection is consistent with City staff recommendations. However,
using this secondary access to Upper 33rd Street as the primary and only development access until
the CSAH 14 and CSAH 17 intersection improvements are completed, should not be permitted.
Intersection Improvements. The applicant will be responsible to construct all intersection and turn lane
improvements along CSAH 14 and CSAH 17 as required by Washington County in their June 3, 2020 review
memorandum. These improvements must be completed at the developer’s cost.
Pedestrian facilities: The concept plans should be revised to incorporate bituminous trails along the full
length of CSAH 14 (south side) and full length of CSAH 17 (west side).
RESIDENTIAL STREETS
All streets must be public streets and must be designed to meet the City’s Engineering Design Standards
including right‐of‐way width (66‐feet), street width (32‐feet) and cul‐de‐sac radii. Additional right‐of‐way
is needed at intersections to maintain city minimum boulevards while accommodating turn lanes at major
intersections (CSAH 17 and CSAH 14).
All street intersections must be at 90 degrees and maintain 50 feet of tangent with maximum slopes of
2.5%. Residential maximum longitudinal grade is 6% with sidewalks.
Surmountable concrete curb and gutter shall be installed in single family residential areas with future
driveways and B618 curb installed along entrance roadways and roadway stretches with no lots.
The proposed internal street network north of Stillwater Boulevard is well interconnected creating
multiple access routes into and out of the development. South of Stillwater Boulevard, the proposed
street network should include the connection to Klondike Avenue. Street geometrics must meet city
standards and the use of compounding curves should be eliminated. Additional right‐of‐way dedication
may be required along Klondike Avenue and the roadway improved to city standards.
Parkway or divided roadways must be a minimum of 19 feet wide from face of curb to face of curb. Right‐
of‐way along divided roadways must provide a minimum 16‐foot boulevard along both sides of the street.
Private streets are proposed in the multi‐family areas south of Stillwater Boulevard. 95 units are proposed
with 52 dedicated off‐street parking stalls. Prior to receipt of a preliminary plat application, the private
street design details should be presented to and approved by city staff, including off‐street parking
requirements, minimum allowable street widths, hydrant locations, and snow storage locations.
Six (6) foot sidewalks must be provided along all residential streets and as may be required for
connectivity.
A bituminous trail is proposed through a nature park and into the north development area, connecting to
a concrete sidewalk in the Legacy at North Star development. This trail should be rerouted through the
development to connect to the required bituminous trail along the west side of CSAH 17.
Ten (10) foot utility easements are required on either side of all right‐of‐way.
STORMWATER MANAGEMENT
The site plan is subject to a storm water management plan meeting State, VBWD and City rules.
Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements
must be constructed in accordance with the City Engineering Design Standards Manual.
The concept plan shows a Regional Pond at the intersection of Stillwater Boulevard and Lake Elmo Avenue
as required in the City CIP. The Regional Pond is planned as a “wet pond” with a 3‐acre permanent pool
with requirements to significantly reduce the discharge rates for the 2‐year, 10‐year and 100‐year storm
PAGE 3 of 3
events. The required ponding is intended to provide additional discharge rate reduction that exceed the
reductions to meet VBWD and State permitting requirements. The capacity and area dedicated for the
required regional pond will need to be verified with the city and the plans updated accordingly.
All storm water facilities (ponds and infiltration basins) must be placed in Outlots. The Stormwater Facility
Outlots must fully incorporate the 100‐year HWL, 10‐foot maintenance bench and all maintenance roads.
Maintenance access roads meeting city standards must be provided for all storm water facilities.
Stormwater management considerations should also inform the design to ensure that storm water basins
are not landlocked by homes and roads. Overland emergency overflow elevations are required and must
be utilized for all stormwater ponding while maintaining 2‐foot minimum separation between structure
low floor elevations and the overland EOF. A system of interconnecting drainage ways should be
incorporated into the design. It will also be extremely important for the preliminary plan application to
include an existing condition survey of existing downtown area structures to verify the 2‐foot separation.
The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet.
Drain tile is required as part of the City standard street section at all localized low points in the street.
Drain tile considerations may impact the storm sewer design and depth requirements at low points.
Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width.
Storm water ponding adjacent to roadway corridors may not encroach the right‐of‐way or small utility
easement corridors along either side of all right‐of‐way.
MUNICIPAL WATER SUPPLY
Municipal water supply is available in several locations, immediately adjacent to the proposed
development. The applicant is responsible to extend the municipal water supply into the development
site at developer’s cost.
Only 6‐inch watermain exists along Stillwater Boulevard and at the west end of Upper 33rd Street North.
These mains may be limited in their capacity to meet fire flow demands until multiple connections are
made or future water system improvements are completed.
Watermain distribution lines and connections will be required wherever reasonably possible to create a
looped network.
A watermain stub will be required to extend to the western boundary of the development for future
extension along Stillwater Boulevard (CSAH 14).
The concept plans show a water connection point south of the UP Railroad. This connection point is not
available to this development as the water system south of the UP Railroad is in a separate pressure zone.
MUNICIPAL SANITARY SEWER
Municipal sanitary sewer system is not readily available to serve this site. The City capital improvement
program has tentatively scheduled the installation of sanitary sewer to the south side of the UP Railroad,
at the intersection of Klondike Avenue and 33th Street North, however the earliest sewer would be
available would be in November 2021, if the city project remains on schedule. As the development plans
move forward with this site, the city should not accept a preliminary plat/plan application until a
construction contract is awarded for the sanitary sewer project that includes the scope of improvements
necessary to make sanitary sewer available.
The Concept plan shows the sanitary sewer connection point, incorrectly, at the location of 33rd Street
and 33rd Street Lane. The future connection point is planned to be located at Klondike Avenue and 33th
Street North. The applicant is responsible to extend sanitary sewer north across the UP Railroad into the
development site at developer’s cost. The development timing and phasing must be planned accordingly.
A 15‐inch trunk sanitary sewer must be stubbed to the western boundary of the development for future
extension along Stillwater Boulevard (CSAH 14).
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12-6-2020 Mr. Ken Roberts Planning Director Lake Elmo Minnesota I have received the second Concept PUD for the proposed Schiltgen Farm property adjoining our west property line. We have operated our family restaurant in Lake Elmo for over 40 years. Accessibility in and out of our property is a primary concern to us and the proposed plan would dramatically affect it! The temporary traffic control lights installed by Washington County has already had a negative impact on our customers ability to enter and exit our restaurant property easily and safely because of our driveway entrance so close to the intersection lights. I have had several conversations this past summer with Mr. Frank Ticknor and Mr. Wayne Sandberg with Washington County Public Works regarding our concerns for the hundreds of customers that enter and exit our property daily. Having operated multiple restaurants over the past 40 years, accessibility to enter and exit is paramount! Also having a drive up window addition to our restaurant accessibility is a deciding factor to stop or continue on to another destination. We do not support the intersection as presented in this PUD Concept Review. With the impact that this intersection will have on our restaurants survival, I would like to be involved with the future “options”. Sincerely, Ed Gorman Owner Gorman’s Restaurant 11011 Stillwater Boulevard Lake Elmo, Minnesota Cell Phone 651 485 2882 Restaurant 651 770 2476 e-mail kedgo@comcast.net
1
STAFF REPORT
DATE: December 14th, 2020
PUBLIC HEARING
TO: Planning Commission
FROM: Ben Prchal, City Planner
AGENDA ITEM: Zoning Code Clean Up – Potential Ordinance Amendments
REVIEWED BY: Ken Roberts, Planning Director
BACKGROUND:
The City Zoning Code has been amended over the years which has resulted in the need to adjust text and references
for clarification purposes. The Planning Department had asked the Planning Commission to review the proposed
edits on November 3rd, 2020. Comments were received at that meeting and incorporated into the report and
amendments. The Commission is now being asked to hold a public hearing and again review the proposed
corrections to the zoning text.
ISSUE BEFORE THE COMMISSION
The Commission is being asked to conduct a public hearing and make a recommendation to the City Council about
the proposed ordinance amendments.
REVIEW AND ANALYSIS:
Sections for review:
• 154.103 B. 1.
• 154.400
• 150.451 Table 10-1
• 154.501
• 154.550
• 154.600 & 154.212
Section 154.103
This section outlines the expectation of what uses or structures are required to be reviewed under a certificate of
zoning compliance. City Staff believes this is slightly confusing because there is a pool permit, fence permit,
driveway permit, etc. application on the City website. For example, when comparing the certificate of zoning
compliance to the pool permit it is much more appropriate for residents to use pool permit application. There is no
need for a resident to complete both a pool permit application and a certificate zoning compliance.
Existing Code
B. Certificate of Zoning Compliance. A certificate of zoning compliance is a zoning permit that is intended
as a means of administratively reviewing a new use, change in use, or structural change that does not
require a building permit.
1. When Required. A certificate of zoning compliance is required for the following activities:
a. A new use classification within an existing building or structure;
b. A change of use classification within an existing building or structure;
c. Addition, removal or change in parking or other on-site improvements;
d. Small accessory structures that do not require a building permit;
e. Swimming Pools;
f. Antennas, including amateur radio antennas and wireless communications facilities that meet the
criteria for administrative review in §150.111(C);
g. Fences six feet and less in height;
h. Driveways that are not authorized as part of an approved building permit;
i. Storm water management activities and structures not otherwise permitted as part of a
development application;
2
j. Other situations requiring additional review or interpretation, as specified elsewhere in this
ordinance.
Recommended amendment.
“B. Certificate of Zoning Compliance…
1. When Required. A certificate of zoning compliance or other City issued permit is required for the
following activities:”
c. Addition, removal or change in parking or other on-site improvements including patios;
f. Tennis Courts, Sport Courts, or other similar improvement;
k. Other situations or improvements requiring additional review or interpretation, as specified
elsewhere in the ordinance.
Section 154.400
The 2040 Comprehensive plan states (Ch. 3. Existing Land Use Definitions pg. 3-6) “This land use designation
identifies land that was platted for conventional subdivision prior to 2005, and includes large lots that are
primarily serviced by private on-site well and septic system.” Because of this, Staff believes it would be
appropriate to also adjust the language in the description section of the Rural Single Family (RS) zoning district.
The amendment is an attempt to clarify the intent of the 2040 Comprehensive Plan, meaning no new lots will be
rezoned to RS.
Recommended Amendment.
D. RS Rural Single Family District. The RS District is established for lands that have already been platted as
conventional residential subdivisions prior to the 2005 adoption of the Comprehensive Land Use Plan. This district
provides an environment of predominantly single-family detached dwellings on moderately sized lots in areas that
have typically not been provided with public sanitary sewer services. Only lots which were a part of a subdivision
prior to and up to 2005 are eligible for rezoning to RS.
Section 154.451
The line in table 9-1, 10-1, 11-1, and 14-1 regarding swimming pools either makes no reference or makes a
reference to section 154.012 B. (13) or 154.310 (C). Section 154.310 (C) is a reference for Solar Energy Systems.
Staff believes this is a text error as the other zoning districts do not share this same reference or refer to a different
section. Instead the standard should reference Section 151.085 which is specific to outlining the expected standards
for swimming pools.
The City Defines a swimming pool as: (Any pool meeting the above listed requirements will need a pool permit.)
“Swimming Pools. Any permanently located pool, used for swimming and/or bathing which is over 24 inches in
depth, or which has a surface area exceeding 150 square feet.”
Section 154.012 B. (13) - Swimming Pools. Any permanently located pool, used for swimming and/or bathing
which is over 24 inches in depth, or which has a surface area exceeding 150 square feet.
Proposed amendment to Table 10-1
Section 154.502
Staff is confused as to why there is a maximum lot size for developments in the VMX district. At this point the
only reasoning that Staff could determine is that perhaps the City wanted to limit the potential size of an individual
business or development in the VMX district. However, if the creamery property were to develop with the old
lumber yard the lot could exceed 5 acres. The City should not discourage developers to keep properties separate for
sake of skirting around this section of the code. There are also other properties zoned as VMX which are currently
over 5 acres. Staff believes this could pose issues down the line when these properties come to develop or re-
develop. From a high level perspective it would not seem appropriate to force a variance or PUD for their
development. Furthermore, to use a PUD the minimum lot requirement is 5 acres for un-developed properties and
Accessory Uses
District GCC LDR MDR HDR Standards
Swimming pools, hot tubs,
and the like
P P P P 154.310 (C)
151.085
4
FISCAL IMPACT:
None.
RECOMMENDATION
Options:
Recommend approval of the resolutions as presented
Recommend approval of the resolutions with amendments
Recommend denial of the drafted resolution(s)
Staff recommendation:
There are multiple resolutions under review and if the Commission would like to make amendments they will need
to address them individually.
Staff is recommending approval of the drafted resolutions.
“Motion to recommend approval of the drafted resolutions as presented”
ATTACHMENTS
• Proposed Resolutions
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-240
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING SECTION 154.103 TO CLARIFY THE PERMITTING EXPECTATIONS FOR
CERTAIN STRUCTURES AND PROJECTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use:
Chapter 154 Zoning Code; Article V. Zoning Administration and Enforcement: by amending
Section 154.103 B. 1.); (Amended language is underlined to represent added language and
strikethrough represents deleted language):
B. Certificate of Zoning Compliance. A certificate of zoning compliance is a zoning permit that is
intended as a means of administratively reviewing a new use, change in use, or structural change that
does not require a building permit.
1. When Required. A certificate of zoning compliance or other City issued permit is required for the
following activities:
a. A new use classification within an existing building or structure;
b. A change of use classification within an existing building or structure;
c. Addition, removal or change in parking or other on-site improvements including
patios;
d. Small accessory structures that do not require a building permit;
e. Swimming Pools;
f. Tennis Courts, Sport Courts, or other similar improvement;
g. Antennas, including amateur radio antennas and wireless communications facilities
that meet the criteria for administrative review in §150.111(C);
h. Fences six feet and less in height;
i. Driveways that are not authorized as part of an approved building permit;
j. Storm water management activities and structures not otherwise permitted as part of a
development application;
k. Other situations or improvements requiring additional review or interpretation, as
specified elsewhere in this ordinance.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-240 was adopted on this ______ day of ___ 2021,
by a vote of ___ Ayes and ___ Nays.
2
LAKE ELMO CITY COUNCIL
________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-240 was published on the ____ day of ___________________, 2021.
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-240
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE PURPOSE AND DESCRIPTION SECTION FOR THE RESPECTIVE
DISTRICT.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use:
Chapter 154 Zoning Code; Article XI. Rural Districts: by amending Section 154.1400 Purpose
D: (Amended language is underlined to represent added language and strikethrough
represents deleted language)
D. RS Rural Single Family District. The RS District is established for lands that have already been
platted as conventional residential subdivisions prior to the 2005 adoption of the Comprehensive
Land Use Plan. This district provides an environment of predominantly single-family detached
dwellings on moderately sized lots in areas that have typically not been provided with public sanitary
sewer services. Only lots which were part of a subdivision prior to and up to 2005 are eligible for re-
zoning to RS.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-240 was adopted on this ______ day of ___ 2021,
by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-240 was published on the ____ day of ___________________, 2021.
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-240
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING ALL APPLICABLE ZONING TABLES TO APPROPRIATELY REFERENCE
SWIMMING POOL STANDARDS, A PERMITTED ACCESSORY USE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter
154 Zoning Code; Article XI. Rural District: by amending Section 154.401 table 9-1: (Amended
language is underlined to represent added language and strikethrough represents deleted language)
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT
A
RR
RS
RE
Standard
Solar Energy Systems P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
151.085
Temporary Sales P P P P P 154.012 (B) (12)
Water-Oriented Accessory Structures P P P P P 154.800
Wind Generator – Ground Mounted C C C C C 154.308 (B)
Wind Generator – Roof/Structure Mounted C C C C C 154.308 (B)
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Open Space Preservation Development
OP Development - C C - - Article 16
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter
154 Zoning Code; Article XII. Urban Districts: by amending Section 154.451 table 10-1: (Amended
language is underlined to represent added language and strikethrough represents deleted language)
Table 10-1: Permitted and Conditional Uses, Residential Districts
GCC LDR MDR HDR Standards
Accessory Uses
Home occupation P P P P 154.310 (E)
Bed and breakfast P P P P 154.310 (A)
Domestic pets P P P P
Family day care P P P P 154.012 (12) (b)
Group family day care - C C C 154.012 (12) (b)
Temporary sales P P P P 154.456 (I)
Parking facility - - - C
2
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter
154 Zoning Code; Article XIII. Village Mixed Use District: by amending Section 154.501 table 11-1:
(Amended language is underlined to represent added language and strikethrough represents deleted
language)
Table 11-1: Permitted and Conditional Uses, Village Districts
Accessory Uses
Home Occupation P P 154.310 (E)
Bed and Breakfast P P 154.310 (A)
Family Day Care P P 154.012 (12) (d)
Group Family Day Care - C
Temporary Sales P P 154.509 (G)
Parking Facility - P 154.505 (H) (7)
Solar Equipment P P 154.310 (C)
Swimming Pools, Hot Tubs, Etc. P P 151.085
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses
P P
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter
154 Zoning Code; Article XVI. Mixed Use Commercial And Mixed Use Business Park District: by
amending Section 154.510 table 14-1: (Amended language is underlined to represent added language
and strikethrough represents deleted language)
Table 14-1: Permitted, Conditional and Interim Uses, Mixed Use Commercial and Mixed Use Business Park
Districts
Accessory Uses
Home Occupation P P 154.012 (B) (13) and
154.310 (E)
Bed and Breakfast P P 154.310 (A)
Family Day Care P P 154.012 (12) (d)
Group Family Day Care P P
Temporary Sales P P 154.509 (G)
Parking Facility P P
Outdoor Storage C -
Outdoor Display C -
Solar Energy System P P 154.310 (C)
Wind Generator – Ground Mounted C C 154.308 (B)
Wind Generator – Roof/Structure Mounted C C 154.308 (B)
Swimming Pools, Hot Tubs, Etc. P P 151.085
Other Structure Typically Incidental and
Clearly Subordinate to Permitted Uses
P P
Solar equipment P P P P 154.456 (I)
Swimming pools, hot tubs, and the like P P P P 154.310
(C)151.085
3
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 08-240 was adopted on this ______ day of ___ 2021,
by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-240 was published on the ____ day of ___________________, 2021.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-240
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING TABLE 11-2 WHICH WILL REMOVE THE MAXIMUM LOT
REQUIREMENT FOR THE VILLAGE MIXED USE DISTRICT (VMX)
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land
Use: Chapter 154 Zoning Code; Article XIII. Village Mixed Use District: by amending
Section 154.502 Lot Dimensions and Building Bulk Requirements Table 11-2: (Amended
language is underlined to represent added language and strikethrough represents deleted
language)
Table 11-2: Lot Dimensions and Setback Requirements, Village Districts
V-LDR VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use - None
Single Family Detached Dwelling 9,000 9,000
Two-Family Dwelling (per unit) b - 3,000
Single-Family Attached (per unit) c - See notes a and h.
Multi-Family Dwelling (per unit) - See notes a and h.
Secondary Dwelling - See 154.454 (C)
Live-Work Unit - 3,000
Congregate Housing - 154.301 (C)
Other Structures - 3,500
Maximum Lot Area (acres)
Residential Lots N/A N/A
Other N/A 5N/A
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-240 was adopted on this ______ day of ___
2021, by a vote of ___ Ayes and ___ Nays.
2
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-240 was published on the ____ day of ___________________, 2021.
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-240
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING CODE TO REMOVE THE REFERENCE OF PLACES OF WORSHIP AND
REPLACE IT WITH RELIGIOUS INSTITUTIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I General
Provisions: Chapter 11: by amending repealing Places of Worship within Section 11.01
Definitions and replacing it with Religious Institutions: (Amended language is underlined to
represent added language and strikethrough represents deleted language)
PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly
assemble for religious worship and which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain public worship.
Religious Institutions. Establishments that are intended to primarily provide meeting areas for religious
activities. Accessory uses include Sunday school facilities, parking, caretaker’s housing, and group
living facilities such as convents. Examples include churches, temples, synagogues, and mosques.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV Land Use:
Chapter 154 Zoning Code; Article VII. General Regulations: by amending Section 154.212
Sign Regulations F. General Sign Regulations 2. b) iv: (Amended language is underlined to
represent added language and strikethrough represents deleted language)
b. Signs on Public Property. No sign shall be located within or across any public right-of-way, or on
any public property, easement, or utility pole, except for:
i. A sign erected by, or required by, a government agency or temporarily erected to protect
the health and safety of the general public; or
ii. A sign erected in conformity with subparagraph (a.ii) of this subsection
.
iii. Subdivision identification signs, provided an encroachment and license agreement is
obtained from the appropriate jurisdiction.
iv. Directional signs to places of worship Religious Institutions, schools, parks and public
buildings within the City not to exceed four square feet subject to the approval of the road
authority. Not more
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV Land Use:
Chapter 154 Zoning Code; Article XIV. Commercial Districts: by amending Section 154.550
Purpose and Districts Descriptions: (Amended language is underlined to represent added
language and strikethrough represents deleted language)
2
B. CC Convenience Commercial District. The CC District is established to provide for smaller scale
commercial development and attractive neighborhood shopping centers that are compatible with
surrounding residential and business park development, ideally located at the intersection of two or
more collector streets or at the intersection of an arterial and collector street. Convenience goods
and services are those which are purchased frequently, i.e., at least weekly; for which comparison
buying is not required; and which can be sustained in a limited trade area. Such uses include
convenience markets, personal services and repair shops. A limited number of other uses, including
but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related
park-and-ride lots, and facilities with drive-up windows, are also allowed.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV Land Use:
Chapter 154 Zoning Code; Article XVI. Public and Semi-Public Districts: by amending
Section 154.600 B. 2: (Amended language is underlined to represent added language and
strikethrough represents deleted language)
2. Places of worshipReligious Institutions, provided that:…
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 08-240 was adopted on this ______ day of ___ 2021,
by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
________________________________
Charles Cadenhead, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-240 was published on the ____ day of ___________________, 2021.
PLANNING COMMISSION
DATE: 12/14/2020
AGENDA ITEM:
CASE #N/A
ITEM: 2021 Planning Department Work Plan
SUBMITTED BY: Ken Roberts, Planning Director
REVIEWED BY: Ben Prchal, City Planner
SUMMARY AND ACTION REQUESTED:
Staff is respectfully requesting that the Planning Commission review the proposed Planning Department
Work Plan for 2021.
REQUEST DETAILS:
The Planning Department Staff has updated the 2020 Planning Work Plan for 2021. Listed below are the
activities that have been completed from the 2020 Work Plan:
• Updated PUD Ordinance to match OP-PUD Process
• Review and Adopt Mixed Use Zoning Districts (Commercial and Business Park)
• Remove Concept Plan Review(s) from PUD’s
• Adopt 2040 Comprehensive Plan
• Contract with and update Muni-Code (previously used American Legal Publishing)
Some projects are currently in progress or ongoing:
• Updates to the zoning map
• Codify Zoning Ordinances
• Comprehensive Plan amendments (as needed or requested)
• Make recommendations to the City Council about expected Airport Zoning Overlay District
• Begin making corrections to the zoning code for clean up
• Address amendments to the Comprehensive Plan
• Achieve goals and objectives of the Comprehensive Plan with the CIP
• Updates to American Legal
• Update land use permits and applications
• Submit application for Village Parkway railroad crossing
• Summary cheat sheet
It is the intent of staff to address the work plan projects in the order that they have been ranked. However,
some projects, although ranked lower in terms of priority take less time to accomplish. Because of this
other projects with a lower priority will be given attention before or in tandem with others of a higher tank.
REQUESTED ACTION:
Staff is respectfully requesting that the Planning Commission review the proposed Planning Department
Work Plan for 2021.
ATTACHMENT:
• 2021 Planning Department Work Plan
1
2021 Planning Department Work Plan
Prepared by the Lake Elmo Planning Commission: 12/14/20
Accepted by the City Council: _______
Key
Status
C – Complete
IP – In Progress
PL Priority Level (1-5 with 1 being the highest priority)
Project and Description PL Status
Zoning Map Amendments
• To be done after 2040 Comprehensive Plan update Ongoing
as zoning map amendments are requested.
1 IP
Code Amendments
• Codify Zoning Ordinance – ongoing as amendments are
requested and approved
1 IP
• Update PUD Ordinance to match OP PUD Process 2 IP
• Refine Design Guidelines and Manual to enhance a more
pedestrian scale and provide clear and descriptive elements
to incorporate into urbanizing and redevelopment areas of the
community.
5
• Review and make recommendations to the City Council about
new Airport Zoning regulations after their approval of Airport
Zoning regulations by the Lake Elmo Airport JAZB, MAC and
MnDOT – on going
2 IP
• Review and Adopt the Mixed Use zoning 1 C
• Review PUD Ordinance – Remove Concept Plan review 4 IP
• Begin making corrections to the Zoning code for cleanup and
comprehensive plan amendments.
3 IP
Comprehensive Plan Amendments
2040 Comprehensive Plan Update
• Address amendments to the Comprehensive Plan as required 5 IP
Other Planning Initiatives
• Submit application for new Village Parkway railroad crossing 4 IP
• Develop a policy or ordinance for stormwater reuse. 3
• Add/Review Planning Module from Permit Works to track
planning and zoning applications
3
• Investigate conservation easement holder options/city policy 1
• Provide a cheat sheet that summarizes key goals, strategies
and characteristics of each land use designation that clearly
describes the desired development in each area
3 IP
2
• Create educational materials that may include a brochure,
website, or other publication to communicate the intended
and planned development patterns in the urbanizing area
34
• Participate in the planning for and the expected land uses for
the City-owned 180 acres of land near County Road 14 and
Ideal Avenue
2 IP
• Determine how new Airport Zoningzoning regulations from
JAZB, MnDOT, and the MAC will be implemented and
regulated.
Ongoing Planning Activities
• Planning Commission review of City Capital Improvement
Plan for consistency with Comprehensive Plan
33 IPIP
• Provide support to code enforcement program with the
Building Inspector as the City’s code enforcement officer
3 IP
• Conduct review of 201 (community) septic system policies
and management practices. Develop system for proper
oversight, billing, and maintenance of community systems.
3 IP
• Streamline & Improve Policies/Procedures for the handling of
routine land matters including but not limited to variances, site
plan review, setbacks et al;
1 IP
• Consistently update the City Code on the City website as well
as American Legal (Soon to be Muni Code)
3 IP
• Update Permits and Land Use Applications 3 IP
1
2021 Planning Department Work Plan
Prepared by the Lake Elmo Planning Commission: 12/14/20
Accepted by the City Council: _______
Key
Status
C – Complete
IP – In Progress
PL Priority Level (1-5 with 1 being the highest priority)
Project and Description PL Status
Zoning Map Amendments
• Ongoing as zoning map amendments are requested. 1 IP
Code Amendments
• Codify Zoning Ordinance – ongoing as amendments are
requested and approved
1 IP
• Refine Design Guidelines and Manual to enhance a more
pedestrian scale and provide clear and descriptive elements
to incorporate into urbanizing and redevelopment areas of the
community.
5
• Review and make recommendations to the City Council about
new Airport Zoning regulations after their approval by the
Lake Elmo Airport JAZB, MAC and MnDOT – on going
2 IP
• Begin making corrections to the Zoning code for cleanup and
comprehensive plan amendments.
3 IP
Comprehensive Plan Amendments
2040 Comprehensive Plan Update
• Address amendments to the Comprehensive Plan as required 5 IP
Other Planning Initiatives
• Submit application for new Village Parkway railroad crossing 4 IP
• Develop a policy or ordinance for stormwater reuse. 3
• Add/Review Planning Module from Permit Works to track
planning and zoning applications
3
• Investigate conservation easement holder options/city policy 1
• Create educational materials that may include a brochure,
website, or other publication to communicate the intended
and planned development patterns in the urbanizing area
4
• Participate in the planning for and the expected land uses for
the City-owned 180 acres of land near County Road 14 and
Ideal Avenue
2 IP
• Determine how new Airport zoning regulations from JAZB,
MnDOT and the MAC will be implemented and regulated.
2
Ongoing Planning Activities
• Planning Commission review of City Capital Improvement
Plan for consistency with Comprehensive Plan
3 IP
• Provide support to code enforcement program with the
Building Inspector as the City’s code enforcement officer
3 IP
• Conduct review of 201 (community) septic system policies
and management practices. Develop system for proper
oversight, billing, and maintenance of community systems.
3 IP
• Streamline & Improve Policies/Procedures for the handling of
routine land matters including but not limited to variances, site
plan review, setbacks et al;
1 IP
• Consistently update the City Code on the City website as well
as American Legal (Soon to be Muni Code)
3 IP
• Update Permits and Land Use Applications 3 IP