HomeMy WebLinkAbout3-13-18 full packet
NOTICE OF MEETING
City Council Meeting
Tuesday, March 6, 2018 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
AGENDA
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Accept Minutes
1. February 20, 2018
D. Public Comments/Inquires
E. Presentations
2. Employee Service Recognition Awards
F. Consent Agenda
3. Approve Payment of Disbursements and Payroll
4. Approve Hiring of Fire Department Chaplain
5. Approve Private Development Security Reduction –Inwood 5th Addition
G. Regular Agenda
6. Outdoor Lighting Ordinance Zoning Text Amendments – Ordinance 08-202; Resolution 2018-022
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
STAFF REPORT
DATE: March 13, 2018
DISCUSSION
ITEM #02
AGENDA ITEM: Comprehensive Plan Update
SUBMITTED BY: Emily Becker, Planning Director
BACKGROUND:
The City has been holding a number of pop up sessions, Advisory Panel meetings, and an open house to
gain feedback on the City’s long-term vision, goals, strategies and policies for guiding future changes and
investments. The City’s Comprehensive Plan Consultant, Swanson Haskamp Consulting, will be
providing the Council on update on the Comprehensive Plan process.
ISSUE BEFORE COUNCIL:
The Council is being provided an update on the Comprehensive Plan process in order to be prepared for
resident questions prior to the Open House on April 11th, which will provide residents an opportunity to
provide feedback on a draft of the Comprehensive Plan.
PROPOSAL DETAILS/ANALYSIS:
The City’s Consultant will be presenting an update on the process. A draft of the Land Use Plan is included
in this packet in order to familiarize the Council with the draft prior to the Open House.
FISCAL IMPACT:
Consultant time (hourly rate of $105-$150/flat in-person meeting rate of $500).
OPTIONS:
The Council is being provided an update in preparation for potential questions prior to the Comprehensive
Plan Open House April 11th, 2018. The Council is not being asked to provide feedback on the content of
the Plan at this time.
ATTACHEMENT:
• Draft Comprehensive Plan
Chapter 3: Land Use
Existing & Future
F
Draft 2040 Future Land Use Plan
Urban Reserve
V-UHD
V-MXD
V-ULD
V-UMD
MXD-BP
MXD-UHD
ULD
UMD
UHD
RAD
RE
RSF
RSFS
GC
C
LB
Institutional
BP
Park/OS
ROW
PSP
MUSA2040_Revised
2020 -
2030
2020
2020
SO
U
T
H
M
U
S
A
SO
U
T
H
M
U
S
A
VI
L
L
A
G
E
MUSA
2020
existing
existing
existing
2030-2040
post-2040 2030-2040
2020 -
2030
post-2040
post-2040
existing
2020
ex
i
s
t
i
n
g
post-2040
existing
existing
F
Draft 2040 Future Land Use Plan
Urban Reserve
V-UHD
V-MXD
V-ULD
V-UMD
MXD-BP
MXD-UHD
ULD
UMD
UHD
RAD
RE
RSF
RSFS
GC
C
LB
Institutional
BP
Park/OS
ROW
PSP
MUSA2040_Revised
2020 -
2030
2020
2020
SO
U
T
H
M
U
S
A
SO
U
T
H
M
U
S
A
VI
L
L
A
G
E
MUSA
2020
existing
existing
existing
2030-2040
post-2040 2030-2040
2020 -
2030
post-2040
post-2040
existing
2020
ex
i
s
t
i
n
g
post-2040
existing
existing
F
ELU Draft 1/27/2018
Existing Land Use
Lake Elmo Parcels
ELU
RAD
RE
RSF
V-LDR
LDR
V-MDR
MDR
HDR
MXD
Undeveloped
LB
BP
GB
C
Industrial
Institutional
Golf Course
PSP
Park/OS
ROW
F
ELU Draft 1/27/2018
Existing Land Use
Lake Elmo Parcels
ELU
RAD
RE
RSF
V-LDR
LDR
V-MDR
MDR
HDR
MXD
Undeveloped
LB
BP
GB
C
Industrial
Institutional
Golf Course
PSP
Park/OS
ROW
Comprehensive Plan 2040
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
2
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
3
INTRODUCTION
The City of Lake Elmo is a growing, dynamic, and diverse community that has
experienced significant change over the past planning period. The City’s proximity to
jobs, access and regional amenities means that the City will likely continue to experience
external pressures to grow. Consequently, it is essential for the City to develop a
thoughtful, well-planned approach to its future land uses and growth strategy. The
following chapter will focus first on existing land uses that will provide a baseline from
which the Future Land Use Plan (“FLU”) was derived. The FLU guides anticipated
densities of new neighborhoods, locations of future mixed-use and employment centers,
and guides land for commercial and retail services through 2040. The community
understands that while there is significant growth pressure and demand today for certain
types of development, that demand is likely to ebb and flow and change over the next
several decades as market trends fluctuate. More detail regarding current market trends
and development can be found in Chapter 4. Balanced Development & Growth within
this Plan; however, the pace of growth is addressed through the Staging Plan that is
included in subsequent sections of this chapter. The Staging Plan provides sequential
geographic areas available for development and growth during prescribed time periods
that methodically allows for contiguous development and cost-effective expansion of
municipal services to undeveloped areas of the community.
The Future Land Use, Staging and Special Area plans contained within this chapter,
if consistently followed and implemented, directly support the goals and objectives
contained within Chapter 1: Vision, Goals & Strategies. The intent of this chapter is to
demonstrate where land use changes are anticipated, where existing land use patterns are
guided to stay the same, and how these land uses patterns will continue to support the
identity and character of the community through this planning period.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
4
2040 Land Use Highlights – What’s to Come
»The Existing Land Use Patterns in the Rural Residential
areas should be protected through this planning period;
some new rural residential neighborhoods, including open
space developments, are anticipated to develop consistent
with the City’s rural tradition.
»New Future Land Use designations will allow for a better
response to market conditions and will allow a greater
options in land use choices.
»Integration of more diverse neighborhood patterns and
densities will allow for a stronger commitment to the
staging plan.
»Refinement of staging and infrastructure phasing to
promote contiguous, well-planned development.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
5
Existing Land Use
The existing land use patterns reflect the City’s past commitment to the rural landscape
and investment in development of primarily single-family detached housing. Rural
residential neighborhoods with conventional rural subdivisions and open space
development subdivisions are sprinkled throughout much of the community’s
landscape. The many lakes of the City are dotted with smaller residential lots that
once were dominated by vacation homes that have now transitioned to full-time
residences. The Lake Elmo Regional Park Reserve is centered in the City providing
a hub of natural and recreational resources for both City and metro-area residents.
The “Old Village” is the historical hub of activity in the City, and a mix of uses is
present today including some residential, commercial and office users. Business uses,
employment pockets and retail/service users are primarily located in or near the “Old
Village”, along the I-94 corridor, or at major intersections and thoroughfares.
In Lake Elmo’s 2030 Comprehensive Plan, the City’s existing land uses did not
include any areas that were connected to municipal services or located within the
Metropolitan Urban Service Area (“MUSA”). Now, in this 2040 Plan, the existing
land use patterns include neighborhoods that have been developed or are under
construction that were guided in the MUSA in the previous plan. The availability of
municipal services has allowed for the addition of new land use patterns that can be found
in developing neighborhoods such as Inwood, Savona, and Easton Village. Additionally,
the Old Village area has been incrementally served and connected to municipal services
over the past decade, which has allowed for existing small-lot residential neighborhoods
to be served, as well as new neighborhoods under development. While the developing
neighborhoods in the MUSA continue to be dominated by single-family detached uses,
some diversification has started to emerge as a few small pockets of medium-density
residential uses are under construction and development.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
6
Table 3-1. Existing Land Use
Existing Land Uses Residential Density
(dwelling units/acre)Acres % Total Acres
Agricultural Preserve (AP)0.025 414.70 2.67%
Rural Area Development (RAD)0.1 6,040.82 38.96%
Rural Estate (RE)0.1 -0.4 815.26 5.26%
Rural Single Family (RSF)0.66 - 2.0 1,754.14 11.31%
Low Density Residential (LDR)2 - 4 182.06 1.17%
Medium Density Residential (MDR)4 - 8 231.41 1.49%
Village - Low Density Residential (V-LDR)1 - 4 36.08 0.23%
Village - Medium Density Residential
(V-MDR)4 - 6 48.18 0.31%
Mixed Use (MU)5 - 12 4.93 0.03%
Undeveloped (U)Various 392.15 2.53%
Limited Business (LB)NA 71.79 0.46%
Business Park (BP)NA 88.01 0.57%
General Business (GB)NA 70.09 0.45%
Commercial (C)NA 50.27 0.32%
Institutional (INST)NA 305.40 1.97%
Closed Landfill (CL)NA 67.53 0.44%
Public/Semi-Public (PSP)NA 123.55 0.80%
Golf Course (GC)NA 267.36 1.72%
Parks & Open Space (POS)NA 2,593.74 16.72%
Right of Way (ROW)NA 594.18 3.83%
Open Water NA 1,355.29 8.74%
TOTAL 15,506.96 100.00%
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
7
Map 3-1: Existing Land Use Map 2018
F
ELU Draft 1/27/2018
Existing Land Use
Lake Elmo Parcels
ELU
RAD
RE
RSF
V-LDR
LDR
V-MDR
MDR
HDR
MXD
Undeveloped
LB
BP
GB
C
Industrial
Institutional
Golf Course
PSP
Park/OS
ROW
Closed Landfill
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
8
Existing Land Use Definitions
Agricultural Preserve (AP)
This land use designation identifies land that is enrolled in the Agricultural
Preserves program. Land in this designation is required to be guided for
no more than 1 dwelling unit per 40 acres, and is protected from further
subdivision during the contract period.
Rural Area Development (RAD)
This land use designation represents the large areas of rural residential
development and agricultural uses within the City. Common uses found in
these areas include working farms, alternative agricultural uses as defined
by City Code, and rural single family detached residences. Development
in these areas requires 10+ acres, or a conditional use permit to authorize a
cluster development meeting the City’s Preserved Open Space regulations.
Rural Estate (RE)
This land use designation defines areas developed specifically for large lot
single-family detached housing typically on two or more acres of land, but
developed at densities less than one unit per ten acres.
Rural Single Family (RSF)
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.
Low Density Residential (LDR)
This land use designation identifies land that has been developed with
primarily single-family detached housing with urban services between
2010 and 2018 at densities between 2.5 and 4 dwelling units per acre. This
existing land use is only located within the South MUSA.
Medium Density Residential (MDR)
This land use designation identifies land that has been developed primarily
with a mix of attached and detached single-family housing with urban
services between 2010 and 2018 at densities between 4.5 and 7 dwelling
units per acre, and the manufactured home park that was developed in the
1960s. This existing land use is only located within the South MUSA.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
9
Village - Low Density Residential (V-LDR)
This land use designation identifies land that has been developed with
primarily single-family detached housing with urban services between 2010
and 2018 at densities between 1.5 and 2.5 dwelling units per acre. This
existing land use is only located within the Village Planning MUSA.
Village - Medium Density Residential (V-MDR)
This land use designation identifies land that has been developed with
primarily single-family detached housing with urban services between
2010 and 2018 at densities between 2.5 and 5 dwelling units per acre. This
existing land use is only located within the Village Planning MUSA.
Mixed Use (MU)
This land use designation identifies land developed with a mix of
commercial and residential uses and is limited to land within the Village
Planning Area.
Undeveloped (U)
This land use designation identifies land within the South MUSA and Village
MUSA that have been approved for future sewered development through a
Preliminary Plat or PUD process, but Final Plat has not been completed.
Limited Business (LB)
This land use designation identifies areas that are developed with
commercial users that were not served by urban services. Users in this
designation are generally less intense than would be permitted in the
planned MUSA designations.
Business Park (BP)
This land use designation identifies areas used for professional businesses
including medical and research facilities, offices and corporate headquarters.
Users specifically excluded for existing park areas include warehousing,
manufacturing, distribution, assembly and truck terminals. Retail sales of
goods and services are allowed by conditional use permit.
General Business (GB)
This land use designation identifies areas used for general business activities
that currently include warehousing, light industrial and manufacturing uses.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
10
Commercial (C)
This land use designation identifies areas that are used for retail and
service businesses. This land use can be found within the Village MUSA
and South MUSA.
Institutional (INST)
This land use designation identifies lands that are developed with public
or semi-public uses including users such as, but not limited to, religious
institutions, schools, libraries and other civic buildings.
Public/Semi-Public (PSP)
This land use designation identifies lands that support adjacent development
with stormwater ponds and other utilities and may include ancillary uses
such as trails and small open spaces.
Golf Course (GC)
This land use designation identifies land that is used for a private golf course
and ancillary uses that may include, but not be limited to, driving range,
clubhouse and other amenity centers.
Park & Open Space (POS)
This land use designation identifies land that is used for park, recreation,
trails, other natural resources preservation. Land within this designation is
publicly owned by either the City, county, or other public agency.
Closed Landfill Restricted (CL)
This land use designation identifies former landfills that are qualified to
be under the Closed Landfill Program of the Minnesota Pollution Control
Agency (MPCA). The purpose of this category is to limit uses of land within
the closed landfill, both actively filled and related lands, to minimal uses in
order to protect the land from human activity where response action systems
are in place and, at the same time, are protective of human health and safety.
Right of Way (ROW)
This land use designation includes all publicly dedicated areas that are used
for roadways, shoulders, ditches, and other improvements. It should be
noted that not all roads in the City are platted, and many are dedicated by
easement and therefore this land area is accounted for through associated
land use designation. As a result there is more land dedicated to use roads
that identified within the acreages identified on the existing land use table.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
11
FUTURE LAND USE
The Future Land Use Plan (“FLU”) was
developed by building on stated goals
and strategies as identified through the
planning process and documented in
Chapter 1: Vision, Goals & Strategies.
The resulting FLU carefully balances the
recommendations and considerations
of residents, stakeholders, staff, and
policy-makers while responding to and
incorporating the regulatory requirements
of the Metropolitan Council.
The FLU is in part shaped by the policy designations the City is required to meet as
part of the Metropolitan Council’s Thrive MSP 2040 Land Use Policy as provided
within the 2015 Lake Elmo System Statement. Lake Elmo falls into two categories of
Community Designation, as described in Chapter 2: Community Context. Each of these
designations carries responsibility for the related Community Role in the regional growth
of the metropolitan area in relation to future land use. These roles are outlined in the
Metropolitan Council’s Thrive 2040 Land Use Policy and include the following land use
practices for Lake Elmo:
Emerging Suburban Edge
• Plan and stage development for forecasted growth through 2040 and
beyond at overall average net densities of at least 3-5 dwelling units per
acre in the community. Target higher-intensity developments in areas with
better access to regional sewer and transportation infrastructure, connections
to local commercial activity centers, transit facilities, and recreational
amenities. Future land use must therefore plan to accommodate a minimum
residential density of 3 du/acre within this designation.
• Identify and protect an adequate supply of land to support growth for
future development beyond 2040, with regard to agricultural viability and
natural and historic resources preservation.
• Incorporate best management practices for stormwater management and
natural resources conservation and restoration in planning processes.
• Plan for local infrastructure needs including those needed to support
future growth.
LU Goal #1. Wo rk with residents,
developers, land owners and other
stakeholders through the development
process and require development that is
consistent with the future Land Use Plan.
- Chapter 1: Vision, Goals & Strategies
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
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Rural Residential
• Discourage future development of rural residential patterns (unsewered
lots of 2.5 acres or less) and where opportunities exist, plan for rural
development at densities that are not greater than 1 unit per 10 acres.
Future land use must therefore plan to limit development to a maximum
residential density of 0.1 du/acre within this designation.
• Implement conservation subdivision ordinances, cluster development
ordinances, and environmental protection provisions in local land
use ordinances, consistent with the Council’s flexible residential
development guidelines.
• Promote best management practices for stormwater management,
habitat restoration, and natural resource conservation in development
plans and projects.
The two distinctive Community Designations require the City to adopt and implement
a FLU that provides a minimum residential density within the areas defined as
Emerging Suburban Edge (where MUSA is designated), while implementing a maximum
residential density for the areas identified as Rural Residential (areas not included
within the MUSA in this planning period).
The FLU must also identify appropriate land use designations and guide corresponding
acreages that support the forecasted employment growth as identified within the
System Statement. Additionally, the FLU must guide adequate land area, at appropriate
densities, that may accommodate the City’s allocated number of affordable housing
units for the period between 2021 and 2030. The employment and affordable housing
requirements will be provided for within the MUSA, and are not expected to be
met within the Rural Residential Areas. The Emerging Suburban Areas are generally
consistent with the MUSA areas identified in the 2030 Comprehensive Plan with two
exceptions; 1) the existing single-family homes on the south side of Olson Lake are now
served by MUSA; and 2) the newly designated Golf Course Community located on the
east side of the community was incorporated into the MUSA through a Comprehensive
Plan Amendment in October 2017. With the exception of these two areas, the MUSA
and corresponding Emerging Suburban Area designations are unchanged from the
previous planning period, and all projected urbanized growth can be accommodated
within the boundaries as shown on Map 3-2. 2018-2040 MUSA.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
13
Map 3-2. 2018 – 2040 MUSA
F
Draft 2040 Future Land Use Plan - 2.12.2018
Village Planning Area
(MUSA)
South Planning Area
(MUSA)
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
14
Future Land Use Definitions
Agricultural Preserve (AP)
This land use designation identifies land that is enrolled in the Agricultural
Preserves program. Land in this designation is required to be guided for no more
than 1 dwelling unit per 40 acres, and is protected from further subdivision during
the contract period.
Rural Area Development (RAD)
A large percentage of land in Lake Elmo falls within the Rural Area Development
designation, including single-family detached homes, working farms and agricultural
uses where land is undeveloped, cultivated in crops, or used for livestock. This
designation includes open space developments developed with clustered housing and
may be served by a community septic system. The open space developments generally
average less than 1 residential unit per 10 acres and include a dedicated open space
protected through a conservation easement. This designation is inclusive of large-lot
rural single family detached residential uses, and future conventional subdivision is
planned for densities that do not exceed 1 residential dwelling unit per 10 acres. This
land use designation is limited to areas not within the MUSA planning areas.
Rural Single Family (RSF)
This land use designation combines the previous Residential Estate and Rural
Single-Family categories into one designation to simplify intended land use
guidance. Development with this designation includes single-family detached
housing served by private on-site well and septic systems. Some areas with this
designation are allowed to have two-family dwellings based on zoning.
Golf Course Community (GC)
In recognition that a Golf Course on the land known as Tartan Park is a local and
regional amenity the City wishes to maintain, this specialized land use category
has been crafted to maximize the likelihood that a golf course can be maintained
on the property should a development proposal for the land come forward.
Low Density Residential (LDR)
Approximately 20% of the planned land uses in the South Planning Area are
guided or developed with low density residential land uses. This category includes
development of single-family detached housing and two-family attached dwellings
with a density of 2.5 to 4 units per acre (2.5 – 4 du/acre) and are planned to be
serviced by public sewer and water. This land use is limited to the part of the City
within the South Planning Area.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
15
Medium Density Residential (MDR)
Approximately 12% of the planned land uses in the South Planning Area are guided
for medium density residential uses. This category allows for a variety of housing types
including single-family detached, duplexes, townhomes, and small two- and three-story
apartment buildings and/or senior living centers. The Medium Density Residential
development is intended for a density of 4.5 to 8 units per acre (4.5 – 8 du/acre). This
land use is limited to the part of the City within the South Planning Area.
High Density Residential (HDR)
Approximately 4% of the planned land uses in the South Planning Area are
guided for high density residential uses. This land use designation guides land for
higher density residential development including townhomes, small apartment
buildings, and multi-family dwellings. Residential density ranges between 8.5
and 15 units per acre (8.5 – 15 du/acre) and provides opportunities for affordable
housing to be incorporated into future developments. This land use is limited to
the part of the City within the South Planning Area.
Mixed Use Commercial (MU-C)
Approximately 8% of the planned land uses in the South Planning Area are
guided as mixed-use commercial. This designation is a new land use designation
and identifies where a mix of commercial and residential uses may be integrated
to benefit from proximity and adjacencies to each other. Commercial uses in this
category include service and retail uses such as, but not limited to, restaurants,
shops, convenience stores, salons, studios and dry cleaners. Land with this
designation is assumed to develop with a minimum of 50% residential use with a
density ranging from 12 to 15 dwelling units per acre (12 – 15 du/acre).
Mixed Use - Business Park (MU-BP)
Approximately 8% of the planned land uses in the South Planning Area are
guided as mixed-use business park. This land use designation is new and
identifies where a mix of general business, business park, and residential uses may
benefit or be compatible due to proximity of uses. Business uses in this category
include office and service uses such as, but not limited to, offices and agencies,
warehouse/showroom, light manufacturing, and live/work development. Land
with this designation is assumed to develop with a minimum of 50% residential
use with a density ranging from 6 to 10 dwelling units per acre (6 – 10 du/acre).
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City of Lake Elmo Comprehensive Plan 2040
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Village – Low Density Residential (V-LDR)
This land use designation is planned for areas within the Village Planning Area
and identifies land intended for single-family detached housing development
serviced by municipal sewer and water. Density ranges between 1.5 and 3
dwelling units per acres (1.5 – 3 du/acre). This land use already exists, or
is developing, in much of the outside edges of the Village Planning Area,
transitioning from the village center districts to the rural land use pattern not
designated within the MUSA areas.
Village – Medium Density Residential (V-MDR)
This land use designation identifies proposed land use within the Village
Planning Area guided for single-family detached, duplexes, and townhomes/
villa housing types. Residential density ranges between 3 and 5 dwelling units
per acre (3 – 5 du/acre). This land use allows for a greater variety in housing
stock and brings more people closer to living within easy access of Village
destinations and amenities.
Village – High Density Residential (V-HDR)
This land use designation is a new planned land use within the Village Planning
Area and is guided for apartment buildings and multi-family dwellings with
a density between 8 and 12 units per acre (8 – 12 du/acre). This land use
is intended to provide for an increase in types of housing stock, provide
opportunities for more affordable and lifecycle housing, and bring a higher
concentration of people living closer to Village destinations and amenities.
Village – Mixed Use (V-MU)
This land use designation is used in the center of the Village Planning Area
to identify an area where a mix of vertically integrated commercial/business
and residential uses provide development types that benefit from proximity
to each other. More residents in closer proximity to businesses bring greater
traffic to the businesses while these same businesses offer convenient and
necessary services and amenities to nearby residents. Together, the dynamics of
a mixed-use district can establish unique vitality, synergy of activity, and a true
community destination. Land with this designation is assumed to redevelop or
develop with a minimum of 50% residential use with a density ranging from 5
to 10 dwelling units per acre (5 – 10 du/acre).
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City of Lake Elmo Comprehensive Plan 2040
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Limited Business (LB)
This land use designation identifies areas that are developed with commercial
users that were not served by urban services. Users in this designation
are generally less intense than would be permitted in the planned MUSA
designations.
Commercial (C)
The commercial land use includes areas that are used for retail business and
are primarily located within MUSA boundaries of the City. Small pockets of
commercial land can also be found where retail goods and services are located at
transportation intersections. This category excludes any residential use.
Business Park (BP)
This land use provides for a wide variety of professional businesses such as medical
and research facilities, offices and corporate headquarters. Uses specifically excluded
from existing business park areas include warehousing, manufacturing, distribution,
assembly and truck terminals. Retail sales of goods and services are allowable uses by
conditional use permit provided such uses are goods and services for the employees
of the permitted business use. This category excludes any residential use.
Urban Reserve (UR)
The Urban Reserve land use category identifies land that is currently
undeveloped or in a low-intensity residential or agricultural use but is located
within the current MUSA boundary. The land is identified to develop in a
similar pattern to other surrounding uses that are serviced with municipal sewer
and water; however, it is not intended to do so until after the 2040 planning
period. Land within the Urban Reserve is therefore not included in the sewered
developable land acreages for 2040 population and household calculations. It is
assumed to have a residential density no less than 1 unit per 10 acres (< 0.1 du/acre).
Institutional (INST)
The Institutional land use category identifies land that is used for schools,
religious institutions, City hall, municipal buildings, libraries, and other
institutional uses. This land use is found throughout the City.
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City of Lake Elmo Comprehensive Plan 2040
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Public/Semi-Public (PSP)
The Public/Semi-Public land use category identifies land that is generally owned by
the City or other agency, whose primary purpose is to support adjacent developments
with stormwater management and other utilities. This land use may also include some
secondary uses such as public trails or small open spaces.
Closed Landfill Restricted (CL)
This land use designation identifies former landfills that are qualified to be under the
Closed Landfill Program of the Minnesota Pollution Control Agency (MPCA). The
purpose of this category is to limit uses of land within the closed landfill, both actively
filled and related lands, to minimal uses in order to protect the land from human
activity where response action systems are in place and, at the same time, are protective
of human health and safety.
Park & Open Space (Parks)
This land use identifies land used for public recreation and protected open space managed
for park uses. Most land within this designation is owned by Washington County or
the City of Lake Elmo, but also includes land owned by other public and semi-public
agencies.
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City of Lake Elmo Comprehensive Plan 2040
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LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
20
The following table identifies the total land area within the community and comprehensively includes all
existing land uses, not guided for change, and planned land uses. The planned land use designations are
generally consistent with the 2030 Land Use Plan, with some exceptions as noted:
• The nomenclature regarding sewered residential uses has been changed from “Urban Low
Density” to “Low Density Residential, “Urban Medium Density” to “Medium Density
Residential” and so forth. This change did not in all cases alter the definition or density
ranges but was renamed to better describe the planned land uses.
• The density ranges for Medium Density Residential and High Density Residential
were shifted to align with the required affordable housing density requirements as
noted within the Metropolitan Council’s Housing Policy Plan.
• Two mixed use residential land uses were added to areas within the MUSA to allow for
a better integration of uses and more flexibility to respond to market demands. These
use designations require a minimum residential component as described within the
Future Land Use definitions.
Table 3-2. Future Land Use Plan and Total Acreage
Future Land Use Residential Density
(dwelling units/acre)Total Acres % of Total
Acres
Agricultural Preserve (AP)0.025 414.70 2.67%
Rural Area Development (RAD)0.1 4,805.93 30.99%
Rural Single Family (RSF)0.1-2.0 2553.12 16.46%
Golf Course Community (GC)1.5-2.49 436.04 2.81%
Low Density Residential (LDR)2.5 - 4 307.74 1.98%
Medium Density Residential (MDR)4.5 - 8 240.88 1.55%
High Density Residential (HDR)8 - 15 66.16 0.43%
Mixed Use – Commercial (MU-C)12 - 15 137.39 0.89%
Mixed Use - Business Park (MU-BP)6 - 10 146.25 0.94%
Village – Low Density Residential (V-LDR)1.5 - 3 201.78 1.30%
Village – Medium Density Residential (V-MDR)3 - 5 108.96 0.70%
Village – High Density Residential (V-HDR)8 - 12 31.07 0.20%
Village – Mixed Use (V-MU)5 - 10 76.94 0.50%
Urban Reserve (UR)0.1 467.04 3.01%
Commercial (C)NA 158.58 1.02%
Business Park (BP)NA 179.01 1.15%
Institutional (INST)NA 301.27 1.94%
Closed Landfill NA 67.53 0.44%
Public/Semi-Public (PSP)NA 195.63 1.26%
Park/Open Space (POS)NA 2615.72 16.87%
Open Water NA 1355.29 8.74%
Right of Way (ROW)NA 594.18 3.83%
Total 15,506.97 100.00%
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City of Lake Elmo Comprehensive Plan 2040
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Map 3-3. Future Land Use Map
Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
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City of Lake Elmo Comprehensive Plan 2040
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Planned Growth Areas
Growth within Lake Elmo is expected to primarily occur
in areas designated within the MUSA, consistent with the
Metropolitan Council’s 2015 System Statement Projections.
The City geographically describes their primary growth
areas the South Planning Area and the Village Planning
Area. Within both of these MUSA boundaries, there is
adequate land to serve the projected population, households
and employment through 2040. As shown on Map 3-4
and Map 3-5, the areas planned for growth and change in
this planning period are identified. Corresponding Table
3-3. Net Developable Acreage of Residential Land Uses
provides the calculated density, and expected households, based on the FLU in each of
these areas. In addition to the anticipated growth in the areas served within the MUSA,
the City also anticipates some growth within the Rural Residential areas consistent with
previous land use plan designations and as projected within the 2015 System Statement.
Further description regarding the development of the FLU and the growth strategy are
provided within Chapter 4: Balanced Development & Growth.
Map 3-4. Future Land Use – South Planning Area Planned Growth
F
Draft 2040 Future Land Use Plan - 2.12.2018
Urban Reserve
V-UHD
V-MXD
V-ULD
V-UMD
MXD-BP
MXD-UHD
ULD
UMD
UHD
RAD
RE
RSF
RSFS
GC
C
LB
Institutional
BP
Park/OS
ROW
PSP
MUSA2040_Revised
areas planned for development - south
Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
LU Goal #3. Continue to
educate residents, developers,
and stakeholders about the
guided land uses and where
sewered and non-sewered
development is guided.
- Chapter 1: Vision, Goals & Strategies
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City of Lake Elmo Comprehensive Plan 2040
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Map 3-5. Future Land Use –Village Planning Area Planned Growth
Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
F
Draft 2040 Future Land Use Plan - 2.12.2018
Urban Reserve
V-UHD
V-MXD
V-ULD
V-UMD
MXD-BP
MXD-UHD
ULD
UMD
UHD
RAD
RE
RSF
RSFS
GC
C
LB
Institutional
BP
Park/OS
ROW
PSP
MUSA2040_Revised
areas planned for development - Village
Development Areas
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City of Lake Elmo Comprehensive Plan 2040
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Table 3-3. Net Developable Acreage of Residential Land Uses
Future Land Use Residential Density
(dwelling units/acre)Total Acres Households
Low Density Residential (LDR)2.5 - 4 70.02 175
Medium Density Residential (MDR)4.5 - 8 63.41 285
High Density Residential (HDR)8 - 15 66.16 529
Mixed Use – Commercial (MU-C)*12 - 15 34.97 419
Mixed Use - Business Park (MU-B)*6 - 10 31.13 186
Village – Low Density Residential (V-LDR)1.5 - 3 8.41 13
Village – Medium Density Residential (V-MDR)3 - 5 33.09 99
Village – High Density Residential (V-HDR)8 - 12 29.57 236
Village – Mixed Use (V-MU)*5 - 10 9.84 49
Total 2020-2040 Residential 412.71 1,994
Net Density 2020-2040 4.8 du/acre
Residential Plats 2010 - 2020 1,107.1 2,444
Total Sewered Households 2010-2040 1,519.81 4,438
Total Net Density 2010-2040 3.05 du/acre
*Only residential acreage included/calculated in table. Land Use designation assumption
that a minimum of 50% of total acreage is developed with residential use.
Density in Sewered Areas by 2040
Consistent with the Metropolitan Council’s policies, the density calculation performed
based on Table 3-3. Net Developable Acreage of Planned Residential Land Uses will
result in an average net density of approximately 3.0 dwelling units per acre. As
required, the household calculation in Table 3-3 was performed based on the minimum
units allowable per the density range.
As shown on Map 3-4 and Map 3-5, there are three land use designations at sufficient
densities to meet the City’s allocation of affordable housing per the Metropolitan
Council System Statement. Approximately 166 acres are collectively guided for these
three designations between 2021 and 2030, which meets the required allocation in this
planning period. (Further detail regarding affordable housing can be found in Chapter
5: Housing).
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City of Lake Elmo Comprehensive Plan 2040
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Employment Locations
Existing and planned employment locations are generally located within the Village
Planning Area and South Planning Area. Land uses served by MUSA, or planned for
extension of services, will continue to be the primary locations for employment through
the forecasted planning period. There are some existing limited business land uses
located outside of MUSA designations that are anticipated to remain in operations
through this planning period, but are not accounted for in Table 3-4 because they are
existing, and no intensification of the land use is projected in these areas.
To determine the intensity of the commercial and business park uses in the guided
FLU, the maximum impervious surface coverage was estimated based on information
contained in the City’s Zoning Ordinance. The coverage calculation was converted
to square feet and the Metropolitan Council Environmental Services Sewer Area
Charge (SAC) 2017 Manual was used to determine allocated SAC units based on the
designation and potential users.
These land uses are identified on Map 3-3: Future Land Use Plan, Map 3-4: Future Land Use
Plan – South Planning Area and Map 3-5: Future Land Use Plan – Village Planning Area.
Table 3-4. Employment Locations and Intensity (Planned for Development)
Growth Area Land Use Planned
Acres
Intensity
(Impervious)
Estimated
Acres
(Square Feet)
SAC
South
Planning Area Commercial 120 35%42
(1,829,000)610
Business Parkb 75 50%37.5
(1,633,500)233
Mixed Use - Commerciala 69.95 35%24.48
(1,066,348)355
Mixed Use - Business Parkab 62.27 50%31.14
(1,356,240)194
Village
Planning Area Commercial 11.02 35%3.86
(168,010)56
Mixed Use - Villagea 9.54 50%4.77
(207,781)69
Total SAC/Emp.1,517
aOnly commercial/business component is included in acreage. Approximately 50% of total land use designation used
for calculation per land use definition.
bBusiness Park Designations calculation assumes office/manufacturing/warehousing mix of general business users.
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City of Lake Elmo Comprehensive Plan 2040
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Airport Impact
The Lake Elmo Regional Airport is located adjacent to the City’s eastern boundary
in West Lakeland Township. The airport is east of Manning Avenue and between the
railroad and 30th Street N. Parts of the airport safety zone and noise impact areas
impact a portion of the Village Planning Area in Lake Elmo. A new low density single-
family detached residential neighborhood is partially developed with subsequent phases
anticipated within this planning period. No development is allowed within the Runway
Protection Zone (RPZ). All land designated within the RPZ are designated as Public/
Semi-Public uses and are included within the City’s Greenway Overlay which restrict
any future development of land within this designation. The FLU is consistent with
allowed land uses within the safety zones for the Lake Elmo Regional Airport and
reflects this restriction. The City will continue to work with the Metropolitan Airports
Commission and MnDOT Aeronautics Division to update airport zoning regulations
that address noise and safety concerns within these zones as required.
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City of Lake Elmo Comprehensive Plan 2040
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Map 3-6. Airport Safety and Runway Protection
F21D_ULT_SSZB
21D_ULT_SSZA
21D_ULT_RPZ
21D_EX_SSZB
21D_EX_SSZA
Legend
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City of Lake Elmo Comprehensive Plan 2040
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Phasing and Staged Growth
The majority of the City’s growth in households and employment is anticipated to occur
within the designated MUSA boundaries; however, there will be some continued development
in the rural residential areas of the community through 2040 as shown in the following table.
Since the 2030 Planning period, the City’s projected population and households through 2040
was decreased by approximately 25%. As a result, the all of the land area within City’s MUSA
area to accommodate projected growth in the 2015 System Statement is not needed. While
the City cannot change the designated MUSA, it has created a new Urban Reserve land use
designation that is not planned for urban services during this planning period.
Table 3-5. Future Land Use Forecast Acreage per Decade (TO BE FILLED IN AFTER
ENGINEER INPUT ON STAGING MAP)
Future Land Use
Residential
Density
(dwelling units/
acre)
2020 Acres (%)2030 Acres (%)2040 Acres (%)
Agricultural Preserve (AP)0.025 414.70 (2.67%)414.70 (2.67%)414.70 (2.67%)
Rural Area Development (RAD)0.1 4,805.93 (30.99%)4,805.93 (30.99%)4,805.93 (30.99%)
Rural Single Family (RSF)0.5 - 2 1,740.01 (11.22%)1,740.01 (11.22%)1,740.01 (11.22%)
Low Density Residential (LDR)2.5 - 4
Medium Density Residential (MDR)4.5 - 8
High Density Residential (HDR)8 - 15
Mixed Use - Commercial (MU-C)12 - 15
Mixed Use - Business Park (MU-BP)6 - 10
Village – Low Density Residential
(V-LDR)1.5 - 3
Village – Medium Density Residential
(V-MDR)3 - 5
Village – High Density Residential
(V-HDR)8 -12
Village – Mixed Use (V-MU)5 - 10
Urban Reserve (UR)0.1 467.04 (3.01%)467.04 (3.01%)467.04 (3.01%)
Commercial (C)NA
Business Park (BP)NA
Institutional (INST)NA 301.27 (1.94%)301.27 (1.94%)301.27 (1.94%)
Public/Semi-Public (PSP)NA
Park & Open Space (POS)NA
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City of Lake Elmo Comprehensive Plan 2040
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F
Draft 2040 Future Land Use Plan
Urban Reserve
V-UHD
V-MXD
V-ULD
V-UMD
MXD-BP
MXD-UHD
ULD
UMD
UHD
RAD
RE
RSF
RSFS
GC
C
LB
Institutional
BP
Park/OS
ROW
PSP
MUSA2040_Revised
2020 -
2030
2020
2020
SO
U
T
H
M
U
S
A
SO
U
T
H
M
U
S
A
VI
L
L
A
G
E
MUSA
2020
existing
existing
existing
2030-2040
post-2040 2030-2040
2020 -
2030
post-2040
post-2040
existing
2020
ex
i
s
t
i
n
g
post-2040
existing
existing
Map 3-7. MUSA Growth & Phasing Plan
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ADDITIONAL OBJECTIVES OF FUTURE LAND USES
The City’s FLU acknowledges and plans for continued household and employment growth
through 2040, but also includes preservation and continued support of its rural residential
landscape and robust parks and open space system. The City of Lake Elmo has always
been identified as an exceptional place to live because of its robust parks system, protected
high-quality natural resources, and proximity to major employment, heallthcare and retail
centers. Even though the community is growing, and in some cases transitioning from a
primarily rural residential community, there is a desire and an opportunity to weave the
most important elements and characteristics into changing areas of the community to ensure
that the identity and character of the community continues for generations to come.
Equally important to the planned land uses, densities and projections is the
commitment to maintain open spaces, natural resources and parks and to promote
opportunities to provide healthy, vibrant, resilient neighborhoods.
The following sections should be used as an extension to the Future Land Use Plan
and should be incorporated or acknowledged in growth areas and in areas planned for
protection of existing uses. There is always an opportunity to do better, and the following
themes help support the future direction of the City’s land uses and decision-making.
Promoting Health with Land Use
As part of the 2040 Comprehensive Plan Update
process, the City obtained a grant from Washington
County Health Services through the State Health
and Improvement Program (SHIP) to incorporate
living healthy principles into this comprehensive
plan. There are many ways that the principles
of healthy neighborhoods, communities and
environments can be incorporated into existing and
future land uses. The following summary identifies
some of the ways in which health was considered,
and incorporated, into the Future Land Use Plan.
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Mixed-Use Land Use Designations to Promote Health
The introduction of land uses that will promote a more compact, walkable, development
pattern was purposefully integrated throughout the growth areas as identified in
previous sections of this chapter. In addition to creating new land use designations, the
City discussed opportunities to better connect existing neighborhoods though bikeways,
trails and other pedestrian routes to support active residents. This discussion included
how public and private trail connections may be used to achieve these objectives, and
the City acknowledge the need to better communicate and sign public trails and routes
so users are comfortable and informed using the system.
In addition to neighborhood pattern, the new mixed-use designations will permit the
incorporation of uses such as restaurants, markets, farmers markets, and other events
that can be designed to support an active lifestyle for the City’s residents, employees
and employers. With the growing popularity of farm-to-table dining and experiences
that focus on healthy living, Lake Elmo is well-positioned to capitalize on trends that
connect its rich rural and agricultural resources with health-conscious consumers seeking
fresh high-quality foods and products. As the community grows and new households are
added, it will be important for the City to ensure grocery and fresh foods are sold and
provided at locations nearby higher concentrations of residents.
Ensuring “Uses” that Support Health are Permitted and Accessible
Closely related to the introduction of more compact development patterns, is the need
to provide accessible options to purchase healthy and fresh foods and products. This can
be accomplished through ensuring that uses that support that objective are permitted
within the City’s land use designations and the zoning code. Connection and ease of access
are essential components to this objective, so pedestrian, bikeways and other routes to
locations with fresh products is important to consider as the City develops and evolves.
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Providing an Accessible Greenway Network
The City is committed to preservation of its
existing natural resource and open space network.
In addition to the existing network, the City
plans to expand the network as growth areas are
developed. Part of this planning process included
discussion and recommendations regarding
better park, trail and open space connections
for residents in existing neighborhoods and in
new growing neighborhoods. Natural resource
protection, identification, preservation and
development creates opportunities to create a
network of greenways and trails for residents
to utilize for recreation, connection with nature, and connection between various
neighborhoods and destinations in and around Lake Elmo. Trail development is an
important way to promote health and activity in the community. The City’s Future
Land Use Plan should be implemented to be consistent with Chapter X : Parks, Trails &
Open Space that identifies key trail, natural resource and open space considerations as
development occurs within the City’s growth areas.
Parks, Open Space and Natural Resources Integration
Nearly 18% of the City’s land acreage is publicly protected as Park or Open Space,
and nearly XX% of private lands area protected with a conservation easement. Natural
resources, parks, and open spaces protection and enhancement is one of the City’s
character defining elements that makes the community a special place to live, work
and recreate. The City’s expansive natural resources, including woodland, meadow,
lakes and wetlands, and rural scenic amenities are sprinkled throughout the heart of
the community and is a valued asset for all residents. The presence of high quality
natural resources is important to the lasting effort of balanced development, enduring
biodiversity, and opportunity for recreation and connection for area residents. The effort
to preserve and enhance these features as an asset for the community and region is a
primary objective and specifically stated in several Goals and Strategies within Chapter
1: Vision, Goals & Strategies.
LU Goal #2. Enhance Lake
Elmo’s expansive network
of trails, open spaces,
and natural resources as
amenities in developing areas
of the community.
- Chapter 1: Vision, Goals & Strategies
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Decision-making related to incorporation of greenways, natural resources, parks
and trails associated within this Future Land Use Plan should be consistent with the
information found in Chapter 6: Parks, Trails & Open Space.
Access & Transportation
A key component of implementing the Future Land Use Plan is to plan for appropriate
access and consider diverse modes of transportation. It is likely that as the growth areas
change and develop a more diverse demographic will move to the community and their
transportation demands may include alternate modes such as bikeways, pedestrian ways
and the desire for transit.
Incorporated on Map 3-3: Future Land Use Plan are the conceptual main thoroughfares
through the growth areas that are planned for within the Chapter X : Transportation.
Identification of the east-west roadway connection in the South MUSA planning
boundary on the Future Land Use Plan is deliberate and was used to guide compatible
and appropriate land uses. It is the intent of the Future Land Use Plan that development
along the east-west corridor would support and plan for adequate right-of-way at time
of development that would include a multi-use trail that would promote mode choice
and accessibility to adjacent neighborhoods. Likewise, a new roadway connection in the
Village MUSA planning boundary is identified and the land use plan was developed to
encourage higher-densities near the roadway to improve access. More detail regarding
new roadways, and the existing transportation, transit, and bikeways system can be
found in Chapter 7: Transportation.
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Supporting Resiliency
The purpose of creating a Future Land Use Plan that provides a diverse land use
pattern is to allow for the City to adapt and change as needed through this planning
period. Better integration of land uses allows for the community to be thoughtful about
innovation as the environment changes and new technologies are developed, and creates
opportunities to adapt and be responsive. The idea of resiliency is woven throughout
this plan, and it is the intent of the City that it be used as part of the decision-making
process and allows for improvements in neighborhood and development design as the
community evolves and changes through 2040.
Solar Access
To be filled in with information from City Staff.
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Map 3-8: Gross Solar Potential
Lake
Elmo
STILL
W
A
T
E
R
B
L
V
D
N
IN
W
O
O
D
A
V
E
N
34TH ST N
10TH ST N
ID
E
A
L
A
V
E
N
KE
A
T
S
A
V
E
N
DEMON
T
R
E
V
I
L
L
E
T
R
L
N
O
L
S
O
N
L
A
K
E
T
R
L
N
50TH ST N
LAKE
ELMO
AV
E
N
47TH ST N
KI
M
B
R
O
A
V
E
N
LAKE JANE TRL N
JU
L
E
P
A
V
E
N
Gross Solar Potential
(Watt-hours per Year)
High : 1276008
Low : 900001
Solar Potential under 900,000 watt-hours per year
County Boundaries
City and Township Boundaries
Wetlands and Open Water Features
Gross Solar Potential
Source: University of Minnesota U-Spatial Statewide Solar Raster.
ANOKA
DAKOTA
HENNEPIN RAMSEY
SCOTT
WASHINGTON
CARVER
Extent of Main Map
0 1 2 3 40.5
Miles
12/20/2016
City of Lake Elmo, Washington County
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
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SPECIAL RESOURCE PROTECTION
A consideration when developing the Future Land Use Plan was to inventory special or
unique resources in the community, and to allow these resources (where applicable) to
help guide where and when development would occur.
Historical Resources
There are no State or Locally registered historical districts or structures in the Lake
Elmo. However, the City strongly supports the preservation of the “Old Village” Main
Street, where the village first developed. During the 2030 Planning period, the City’s
developed a set of design guidelines will help protect existing buildings and ensure new
construction integrates well with the existing character and building form of the district.
During this Plan development process the City studied the Old Village area, and
concluded that it would benefit from further refinement based on areas contained within
the previous Old Village boundary. The result, is that this Plan creates three distinct
Districts that describe the use, activities and desired plans based on location within the
City’s core village area. A full description of the Districts, and how they will shape the core
of the village are provided in Chapter 4: Balanced Development & Growth.
LU Goal #4. Create strong
and vibrant Districts in the
Village Planning Area that
becomes a destination for all
residents of the community.
LU Goal #5. Identify and
Explore opportunities to
improve the streetscape in the
Old Village District, Elmo
Station District and Civic
Center District to create a more
walkable environment.
LU Goal #6. Maintain and
Strengthen the small-town
charm of the Old Village
District.
- Chapter 1: Vision, Goals & Strategies
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37
F
Draft 2040 Future Land Use Plan - 2.12.2018District Plan - NEED TO CREATE - Old Village, Civic, Elmo Station
Vi
l
l
a
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Old Village
District
Elmo Station
District
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Elmo
Jane
Olson
Eagle Point
DeMontreville
Sunfish
Horseshoe
Downs
Rose
Goose
Clear
Goetschel
Kramer
Armstrong
Unnamed
Legion Pond
Friedrich Pond
H.J. Brown Pond
Goose
Deer Pond
Armstrong
Crombie Pond
Klawitter Pond
Berschen's Pond
Hedge's Pond
Dirk's Pond
Beutel's Pond
FLegend
LB
V-MU
V-LDR
V-MDR
V-HDR
LDR
MDR
HDR
MU-BP
MU-C
AP
RAD
RSF
RSFS
GC
C
BP
Urban Reserve
Institutional
Closed Landfill
ROW
PSP
Park
MAP 3-9: District Boundaries in Village Planning Area
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
38
Aggregate Resources
Per the Metropolitan Council’s 1997 Aggregate Resources information,
there are approximately 324 acres of land identified in the City has having
aggregate resource value. Today, there are two active aggregate sites, one
located in the northwestern quadrant of the community, which is identified
on the 1997 Aggregate Resource Inventory. The second active site is located
in the South MUSA boundary, near the Keats intersection with 10th Street
North. Adjacent to this site, and designated within the City’s Urban Reserve
land use, is additional land identified within the 1997 Aggregate Resource
map. The existing active sites have been in operation for several decades,
and it is the City’s understanding that these sites are nearing their useful life
and may be exhausted in this planning period. Beyond the active sites, the
1997 Aggregate Resource map identified areas within exiting neighborhoods
that are not likely to experience any demand or opportunity for extraction.
As aggregate resources are depleted, the land will transition into suburban-
style development, consistent with the surrounding district. As mentioned,
some of the land identified with potential for aggregate resource extraction
that has not been mined, is designated within the City’s Urban Reserve
that guides development post-2040. Future plans will work to address these
reserve areas further.
Agricultural Preserve
The City’s agrarian and agricultural past continues to be valued by the
City, and landowners and homeowners that express interest in preserving
agricultural land through the Agricultural Preserve program will be
supported by the City. Currently, there are approximately 414-acres of
land protected by an Agricultural Preserve covenant per the Metropolitan
Council’s records, and those properties have been identified and guided
appropriately on the Existing and Future Land Use Plan contained within
this chapter.
LAND USE - DRAFT 2-14-2018
City of Lake Elmo Comprehensive Plan 2040
39
Map 3-10. Aggregate Resource Locations
F
Aggregate Resources
Aggregate Resources 1997
Revised 2040 MUSA
STAFF REPORT
DATE: March 13, 2018
ITEM #: 3
TO: City Council
FROM: Public Safety Committee
AGENDA ITEM: Motion from Public Safety Committee regarding Street Nming and
Numbering.
REVIEWED BY: Greg Malmquist, Fire Chief
BACKGROUND: The current Public Safety Committee has had this item on it’s agenda, snce it’s first
meeting on March 28, 2017 when it appeared under “Unfinished Businees” from a prior meeting of the
Committee on 9/17/15. Committee requested City Planner Emily Becker attend the next meeting and
update the Committee.
City Planner Emilty Becker attended the April 25, 2017 Public Safety Committee meeting. She provided
the Committee with a packet and gave an overview of what had transpired since the Committee last
discussed this item in September of 2015. Committee tabled the matter to allow members to review
information.
Committee meeting on May 23, 2017. No quorum, discussion only on street naming.
Committee meeting on June 27, 2017. No discussion on street naming.
Committee meeting on August 22, 2017. New Committee members were given an overview on Street
Naming and Committee again requested City Planner Emily Becker attend their next meeting. At this
time, the Planning Department was short staffed. Committee recognized tis and tabled item until Planning
was fully staffed.
City Planner Ben Prchal attended the January 23, 2018 Committee meeting, Emily Becker was unable to
attend. Planner Prchal gave an overview of the current adopted Street Naming process and Chief
Malmquist added historical information. The Committee passed the following motion unanimously.
Motion: “Public Safety Committee recommends Lake Elmo follows the Washington County Road
Naming and Numbering System in support of Public Safety routing during an emergency. In recognition
of the concerns about the difference between streets with the same name, and a break in the street, a
sufficient difference in the numbers should be used between the two streets.”.
ISSUE BEFORE COUNCIL: Adoption of the motion made by the Public Safety Committee “Public
Safety Committee recommends Lake Elmo follows the Washington County Road Naming and
Numbering System in support of Public Safety routing during an emergency. In recognition of the
concerns about the difference between streets with the same name, and a break in the street, a sufficient
difference in the numbers should be used between the two streets.”.
PROPOSAL DETAILS/ANALYSIS: Committee discussed at great length the matter of keeping the street
names the same with or without a break in the road by adhereing to the County system. While they supported
keeping the name the same for simplicity, they also acknowledged the past struggles of a road stopping and
starting. Committee felt that the appropriate solution would be to ensure that whenever there was a break
or separation in a road, the proper spacing or gap in the numbering would be sufficient for identification.
OPTIONS:
1) Move forward with Motion from the Public Safety Committee and approve the change to the Street
Naming Policy
2) Do not move forward with changes.
RECOMMENDATION:
Disscuss Motion from Public Safety Committee at Council Workshop to get clear direction
ATTACHMENTS:
1. ORDINANCE NO. 08-144, AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE
OF ORDINANCES PERTAINING TO STREET NAMING
2. PUBLIC SAFETY COMMITTEE MINUTES, January 23, 2018
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-144
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING
TO STREET NAMING
SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 540:
Uniform Naming and Numbering System as it was adopted on the 15th Day of February of
2005 by officially repealing the Section in its entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter153: Subdivision Regulations; Section 07: Preliminary Plat; Subd. (E)
(1) to read the following:
(1) Layout of proposed streets showing right-of-way widths, center line grade,
typical cross-sections, and proposed names of streets in conformance with all
applicable city ordinances and policies. The street names shall comply with the
County Uniform Street Naming and Property Numbering System, with the
following exceptions:
a. Unless a newly proposed street directly extends from, or is planned to
extend from, an existing street, no street name that already exists in the
city or its environs shall be used, regardless if it is on the same grid as
another street.
i. Names of north-south avenues shall increase alphabetically from
west to east, following the grid system.
ii. Names of east-west streets shall follow the grid numbering system as
appropriate, but a different suffix such as Lane, Place, Way, etc. or
a different prefix such as Upper or Lower shall be used.
b. Names of deflecting, continual streets shall not change, even if the street
changes direction, unless an intersection exists.
i. The names of deflecting streets shall be determined according to
their relation to an Arterial or Collector Street if appropriate,
otherwise such names shall be determined according to their main
point of entry in to a development or as deemed appropriate by
Council.
c. If appropriate, names with the same theme (i.e. flowers, nature) are
permitted for naming streets in an entire subdivision.
d. All street names shall end with the directional suffix of North.
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 08-144 was adopted on this 4th day of
October, 2016, by a vote of 3 Ayes and 2 Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-144 was published on the ____ day of ___________________, 2016.
PUBLIC SAFETY COMMITTEE
MINUTES
January 23, 2018
In Attendance: Lisa McGinn, Cullen Case and Andrew Masterman
Not Present: Dave Moore, Katrina Beckstrom
Others present: City Planner Ben Prchal and Fire Chief Greg Malmquist
1. Call meeting to order
3:34 PM
2. Approve minutes from August 22, 2017 meeting.
Motion Lisa McGinn, Second Andrew Masterman, Approved 3-0
3. Overview of City Street Naming procedure by Planning Director Emily
Becker and Planner Ben Prchal at the request of Committee.
Planning Director Emily Becker was unable to attend, Planner Ben Prchal
gave overview of current Street Naming procedure to Council. Chief
Malmquist added historical information. Committee supports following the
Washington County Grid System.
Motion: “Public Safety Committee recommends Lake Elmo follows the
Washington County Road Naming and Numbering System in support of
Public Safety routing during an emergency. In recognition of the concerns
about the difference between streets with the same name, and a break in the
street, a sufficient difference in the numbers should be used between the two
streets.”. Motion by Cullen Case, Second Lisa McGinn. Passed 3 - 0
4. Fire Department Updates
a. Part Time Staffing
Chief Malmquist informed committee on what has happened since
their last meeting regarding part time staffing. Explained scheduling
challenges and struggle to fill all shifts. Discussed current
recommendation of utilizing Paid on Call Firefighters to fill open
shifts, as they are trained and ready to go at no additional cost to City.
This has been discussed at Council Workshop, sent to HR Committee
and now going back to Council for approval based on
recommendation of HR Committee. They’ll be categorized as
“Substitute Firefighters” to clearly differentiate between these and
part timers.
b. Space Needs Study
Brought Committee up to speed on recommendations from the study.
c. Truck Committee
Informed Committee on the process and work done to date on the
specifications for the Rescue/Engine to be purchased in 2018 by the
Truck Committee. Gave overview of truck layout and recommended
tool/equipment purchases. Truck Committee will bring costs to next
meeting for recommendation.
5. Old Business/Action Items
6. New Business
Invite Sgt. Larry Osterman to February meeting.
Elect Co-Chair at February meeting
7. Next meeting, February 27, 2018
8. Adjourn
Motion Andrew Masterman, Second Lisa McGinn, Adjourned 5:40.
STAFF REPORT
DATE: March 13, 2018
DISCUSSION
Item #4
AGENDA ITEM: Penalty for Delayed Sewer Connection
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
In 2016, the Council updated Chapter 51 of the city code to require any building used for human
habitation or in which a toilet or other plumbing facility for the disposal of human waste is installed and
located on property adjacent to a sewer main, or in a platted block through which the system extends,
shall be connected to the municipal sanitary sewer system within 2 years from the date on which a
connection is available to the building. Previously ordinance required connection within 1 year. The
change was made to allow for the wastewater incentive credit for existing properties on septic.
We are at the two year mark for Old Village Phase 1 properties which received their notice of connection
availability on 3/9/16. We have four properties (2 residential and 2 commercial) which have not yet
connected. Staff sent them reminder letters in February 2018.
ISSUE BEFORE COUNCIL:
How should the city respond to those properties not hooking up to municipal sewer within the 2 year time
frame?
PROPOSAL DETAILS/ANALYSIS:
Strict interpretation of our ordinances would result in a code violation being passed to the City Prosecutor
and penalties under Section 10.99 of the code (misdemeanor for not complying with code). Staff reached
out to other communities to see how they handle similar situations. Examples from other communities
include: (1) city connecting the property to sewer and assessing the costs to the property, (2) prosecution
as code violation, (3) late connection charge, (4) deed restriction recorded against property, or (5) monthly
service charge (in communities that charge monthly for utilities).
Staff would propose the Council pursue a variation of the last example by charging the sewer base charge
(currently $53.03 for residential properties) each quarter. This would be the least burdensome to enforce
and the least impact to property owners while still balancing the needs of the system (such as providing the
funding necessary to maintain the sewer infrastructure that was put in place to extend municipal sewer) and
protecting the financial investment.
For commercial properties (which currently don’t have a base sewer charge) staff would propose charging
the residential base charge multiplied by the number of REC (residential equivalent charge) as determined
by the Engineering staff in the feasibility studies for the project. So for one commercial property their
quarterly fee would be $159.09 (3 RECs) and the other would be $212.12 (4 RECs). The fee would be
adjusted annual in the same proportion as the residential sewer base fee until such time as the property
connects to municipal sewer.
FISCAL IMPACT:
By charging the base sewer fee, the sewer fund will be less impacted from the loss of revenue as projected
in the utility studies. Long range financial plans assume that connections are made within 1-2 years of
service being available. Since all of these properties already receive a water bill quarterly, there will not be
any additional expense to the city to add this to the billing. Any unpaid charges will then be certified to the
property tax levy in the fall in the same manner as any other unpaid utility charges.
OPTIONS:
1) Direct staff to prepare an ordinance amendment to charge the sewer base charge per REC for
properties not connecting to municipal sewer within two years from the date service is available
2) Direct staff to prepare a different penalty amendment to the sewer ordinance
3) Make no changes to the ordinance (staff will utilize the misdemeanor penalty for enforcement)
STAFF REPORT
DATE: March 13, 2018
DISCUSSION
ITEM #5
AGENDA ITEM: Library Fund Shortfall
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
In May 2017, the Lake Elmo Library Board and City Council approved an agreement with Washington
County to bring the local library back into the Washington County System as of 1/1/18. The agreement
had a number of provisions including that the City will convey $150,000 of its library funds to the County
on January 1, 2018. Staff has been waiting to collect all of the final bills from 2017 before making the
payment to the County.
The County and Library Board did agree in December to have contractors come in and remove asbestos
during the time the library was closed down the last week of the month. Since it was still under city
ownership at that time the city was to pay the bill but the County will allow that expense ($4,173) to be
deducted from the $150,000 total.
ISSUE BEFORE COUNCIL:
How should the shortfall in the Library Fund be addressed?
PROPOSAL DETAILS/ANALYSIS:
The balance of the library fund at 12/31/16 was approximately $174,000. In May I had asked the Library
Director for his projection of the fund through 12/31/17 if the library rejoined the county system. He
estimated there would be about $10,000 left above the $150,000 commitment to the County.
However, there were some significant deviations from the projections including library collection
purchases, parking lot consultant fees, minor repairs and maintenance, and library card reimbursements.
As a result, the fund is short $7,966 of the $150,000 commitment after factoring in the abatement costs.
We cannot have an account go negative without a plan to transfer funds to cover the shortfall. Staff is
looking for direction on how to cover the shortfall in the Library Fund.
FISCAL IMPACT:
Since the city is contractually obligated to pay $150,000, the $7,966 shortfall will need to be made up from
other city funds.
OPTIONS:
1)Transfer funds from the City Facilities Fund-current balance is about $255,000. Staff expects
another $4,750 for the Brookfield fit test to come from the fund this year as well as about $51,000
for the library parking lot paving.
2) Transfer funds from the General Fund
ATTACHEMENT:
•Library Fund Financials as of March 7, 2018
STAFF REPORT
DATE: March 13, 2018
DISCUSSION
ITEM #6
AGENDA ITEM: Water Permit Conditions from DNR
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
On August 30, 2017, Judge Margaret Marrinan ruled in favor of the plaintiffs (White Bear Lake
Restoration Association and White Bear Lake Homeowners Association) in their case against the DNR
related to the lake levels of White Bear Lake. Her order included restrictions or led to conditions being
places on groundwater permits within a 5 mile radius of White Bear Lake. See map included in your
packet. Also attached are the portions of the ruling that led to the four conditions being placed on the
City’s permit. They can be found on page 137 of the order sections 4 C) through F). The first condition
(plan to convert to surface water) was placed on the permit in January while the last three conditions were
added on March 1, 2018. A copy of the permit with the conditions highlighted in yellow is included in
your packet.
ISSUE BEFORE COUNCIL:
Should the City appeal the conditions placed on the MN DNR Water Appropriations Permit?
PROPOSAL DETAILS/ANALYSIS:
The City has 30 days to appeal the conditions placed on the permit. Staff is seeking council direction on
whether or not an appeal should be filed for any of the last three items (residential irrigation ban, per capita
water use plan and collaborative efforts). Given that the state is planning to appeal the district court judge’s
ruling and a stay is not in place, staff would recommend appealing the residential irrigation ban and per
capita water use plan. These conditions are arbitrary and capricious as there has been no scientific evidence
that placing these conditions on water systems within 5 miles of White Bear Lake will impact the lake
levels.
Other cities in the 5 mile radius are likely to appeal as well. Staff would coordinate our efforts if Council
wants to move forward with an appeal. At this time, my understanding is that the appeal can be initiated
with a simple letter to the DNR. If directed, staff would bring back a letter to the March 20th meeting for
approval.
ATTACHMENTS:
• Map of 5 mile radius around White Bear Lake
• Excerpt from 8/30/17 ruling
• Recently amended City of Lake Elmo Water Appropriations Permit
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White Bear Lake
Arden Hills
Baytown Twp.
Blaine Centerville
Circle Pines
Gem Lake
Grant
Hugo
Lake Elmo
Lino Lakes
Little Canada
Mahtomedi
Maplewood
May Twp.
North Oaks
NorthSt. Paul
Oakdale
Oak ParkHeights
Roseville
St. Paul
Shoreview
VadnaisHeights
WestLakelandTwp.
WhiteBearTwp.
WhiteBearLake
Stillwater
Dellwood StillwaterTwp.
Document Path: K:\Personal\Mike Phillippi\Brian Bourassa M
aps\WhiteBearLake.mxd Date Saved: 9/7/2017 9:59:49 AM
!?Municpal/Community Wells5 Mile BufferWhite Bear LakeCity Boundary
NOW THEREFORE, IT IS HEREBY ORDERED:
1. The Court declares that the DNR's current and planned permitting of high
capacity groundwater appropriations and management of White Bear Lake and the Prairie
du Chien-Jordan Aquifer violate:
A. MERA, by impairing both White Bear Lake and the Prairie du Chien
Aquifer.
B. The Public Trust Doctrine, by:
1) Causing a continuing decline in the levels of both the Prairie du
Chien Jordan Aquifer and of White Bear Lake that diminishes the
size of the lake and its lakebed, and adversely impacts public uses
of the lake; and
2) Failing to take remedial measures within its authority to protect
White Bear Lake and the Prairie du Chien Aquifer, when it had
knowledge that its actions in issuing and failing to manage high
capacity groundwater pumping permits were adversely affecting
the lake and aquifer.
2. The Court declares that by virtue of its violating the following statutes and rules,
the DNR has violated MERA:
A. M.S. § 103G.211 (the draining of the lake resulting from the excessive
pumping of the aquifer);
B) M.S. § 103G. 287, subd. 5 (issuance of permits for pumping without a
determination that the amount of use is sustainable, particularly for future
generations);
C) M.S. § 103G.287 and .285 (failing to set collective annual withdrawal
limits from the lake; failing to require permittees to submit contingency plans for
alternate water sources; failing to set a meaningful trigger for implementation of
136
action before the protected elevation is reached); and
D) M. Rule 6115.0670 (approval of groundwater appropriations without
sufficient data to determine the effects of the appropriation allowed).
3. The DNR is prohibited from issuing appropriation permits for new groundwater
wells, or increasing appropriation amounts in existing groundwater permits, within a S-
mile radius of White Bear Lake until it has fully complied with the requirements of the
above statutes. To that end, it shall:
A) Review all existing groundwater appropriation permits within a 5-mile
radius of White Bear Lake, analyzing them both individually, and cumulatively,
to ensure compliance with the sustainability stanc;iard of M.S. § 103G.287, subd. 5.
The review will be completed within one year of the date of this order. The
specific results of the analysis will be published in a public newspaper, in a form
understandable to the general public.
B) In the event that any of the above permits do not comply with the
sustainability standard set by statute, they will be reopened and down-sized within
6 months of failure to comply with the sustainability standard of M.S. §
103G.287, subd. 5.
C) Analyze the cumulative impact of these permits within the 5-mile radius
of White Bear Lake to determine whether pumping at the maximum rates allowed
by the permits is sustainable. The analysis will be completed within one year of
the date of this order. The specific results will be published in a public newspaper,
in a form understandable to the public.
4. For groundwater permits within a 5-mile radius of White Bear Lake, the DNR
shall comply with all the applicable provisions of M.S. § 103G.285, including:
A) Setting a collective annual withdrawal limit for White Bear Lake;
B) Setting a trigger elevation of 923.5 feet for implementation of the
protected elevation;
137
C) Preparing, enacting and enforcing a residential irrigation ban when the
level of White Bear Lake is below 923.5 feet, to continue until the lake has
reached an elevation of 924 feet. The preparation and enactment of this process
will be completed within 6 months of this order.
D) Requiring that all existing permits include an enforceable plan to phase
down per capita residential water use to 75 gallons per day and total per capita
water use to 90 gallons per day. The enactment of this requirement will be
completed no later than I year from the date of this order.
E) Immediately amending all pennits within the five mile radius of White
Bear Lake to require that within one year of the date of this order, permittees
submit a contingency plan in their water supply plans for conversion to total or
partial supply from surface water sources. This contingency plan will include a
schedule for funding design, construction and conversion to surface water supply.
The Court notes that while the DNR has previously ignored the mandate of this
statute, submission of these water supply conversion plans is required for the
issuance of permits. Whether any conversion would occur shall be determined by
the DNR and the affected communities.
F) Requiring that all groundwater permittees report annually to the DNR on
collaborative efforts with other northeast metro communities to develop plans as
described in (D), above.
5. The DNR shall issue no groundwater appropriation permits unless it has sufficient
hydro logic data to understand the impact, whether cumulative or otherwise, of those
groundwater appropriations on White Bear Lake and the Prairie du Chien-Jordan Aquifer.
6. The DNR shall work with the Metropolitan Council to evaluate current
conservation goals and update them as needed.
7. The DNR shall require that water supply plans include measurable conservation
goals and shall evaluate compliance with water conservation requirements on all permits
138
issued within the 5 mile radius of the lake. Should the individual community be out of
compliance with those requirements, the DNR shall take appropriate action in down-
sizing that community's permit.
6. For each day that the DNR is out of compliance with this Order, it will be subject
to a fine of $1000 per day.
7. Costs are awarded Plaintiff and Plaintiff/Intervenor against Defendant DNR.
8. ,, The Court retains jurisdiction over this action to monitor the DNR's compliance .
with the conditions imposed :by· this Order.
' ,.
LET JUDGMENT BE ENTERED ACCORDINGLY.
30 August 2017 BY THE COURT:
Judge of District Court
Memorandum
The last 12 months have been the wettest on record in Minnesota, a record that
dates back to 1837. From August, 2016 to July, 2017, 40.72 inches of rain fell in the
Twin Cities, well above the 30-year average for annual MSP rainfall of 31 inches (which
is 20% wetter than the 1941-1970 rainfall average of 26 inches). 568 The span of time
between the start of this trial and the date of this Order runs from March 6, 2017 to
August 30, 2017. In that period oftime, 24.02 inches of rain fell in the Twin Cities, as
568 Paul Douglas, Minneapolis Tribune, August 16, 2017 .
139
compared to the annual average rainfall of 19.33 inches.569 In January, 2017, the level of
White Bear Lake was approximately 923 feet; in May, 2017, 923.8 feet; on August 24,
2017, 923.17 feet.570
None of this infonnation appears in the body of the Court's Order because most of
it occurred after the time of trial. It is included in this Memorandum simply to alert the
reader that 1) the Court recognizes the large amounts of rain have fallen in the last several
months; 2) the fact that 24 inches of rain has fallen in a 6 month period does not translate
to an increase to the lake of that amount-or anything near it; and that 3) the findings of
fact remain valid: that in the long term (years, decades) White Bear Lake levels are
controlled mainly by groundwater fluctuations , and in the short term (monthly,
seasonally) by precipitation and runoff.
30 August 2017
569 Weather Underground, August 29, 2017 .
570 Minn . DNR website, August 29, 2017.
140
I I • -~ •• I A 1 •• -. . .. , ,
Permit Number
1961-1031
Amended
MNDNR PERMITTING AND REPORTING SYSTEM
Water Appropriation Permit
Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit
application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part
hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. This
permit supersedes the original permit and all previous amendments.
Resource:Watershed:County:Project Name:
N/A Washington Lower St. Croix River Groundwater
Authorized Action:Purpose of Permit:
Municipal/Public Water Supply Withdrawal of up to 260.0 million gallons of water per year for
municipal/public water supply.
N/ALAKE ELMO, CITY OF
CONTACT: WELDON, ROB, (651) 747-3941
3800 LAVERNE AVE N
LAKE ELMO, MN 55042
(651) 777-5510
Permittee:Authorized Agent:
To Appropriate From:
Well 1: 20.0 inches diameter, 805.0 feet depth, 500 gpm, unique number 208448
Point(s) of Taking
UTM zone 15N, 509382m east, 4982596m north
Section 13, T29N, R21W
Well 2: 24.0 inches diameter, 285.0 feet depth, 750 gpm, unique number 603085
Point(s) of Taking
UTM zone 15N, 510832m east, 4986116m north
Section 6, T29N, R20W
Well 4: 24.0 inches diameter, 290.0 feet depth, 1250 gpm, unique number 767874
Point(s) of Taking
UTM zone 15N, 509470m east, 4985377m north
SWSW of Section 1, T29N, R21W
03/01/2018 03/01/2018 Long-Term
Appropriation
Issued Date:Effective Date:Expiration Date:
District Appropriations
Hydrologist
Joe Richter 651-259-5877joe.richter@state.mn.us
Authorized Issuer:Title:Email Address:Phone Number:
This permit is granted subject to the following CONDITIONS:
LIMITATIONS: (a) Any violation of the terms and provisions of this permit and any appropriation of the waters of the state
in excess of that authorized hereon shall constitute a violation of Minnesota Statutes, Chapter 103G. (b) This permit shall
CONDITIONS continued on next page...(MPARS revision 20180129, Permit Issuance ID 61055, printed 03/01/2018)
CONDITIONS (Continued from previous page )
not be construed as establishing any priority of appropriation of waters of the state. (c) This permit is permissive only. No
liability shall be imposed upon or incurred by the State of Minnesota or any of its employees, on account of the granting
hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee relating
to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of
any person other than the state against the Permittee, for any damage or injury resulting from any such act or omission,
or as estopping or limiting any legal claim or right of action of the state against the Permittee, for violation of or failure to
comply with the provisions of the permit or applicable provisions of law. (d) In all cases where the doing by the Permittee
of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any
other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee,
before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall
acquire all property, rights, and interests necessary therefore. (e) This permit shall not release the Permittee from any
other permit requirements or liability or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances
relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. (f)
Unless explicitly specified, this permit does not authorize any alterations of the beds or banks of any public (protected)
waters or wetlands. A separate permit must be obtained from the Department of Natural Resources prior to any such
alteration.
FLOW METER: The Permittee shall equip each installation for appropriating or using water with a flow meter, unless
another method of measuring the quantity of water appropriated to within ten (10) percent of actual amount withdrawn is
approved by the Department.
WATER USE REPORTING: Monthly records of the amount of water appropriated or used shall be recorded for each
installation. Such readings and the total amount of water appropriated or used shall be reported annually to the Director of
DNR Ecological and Water Resources, on or before February 15 of the following year, via the MNDNR Permitting and
Reporting System (MPARS) at www.mndnr.gov/mpars/signin. Any processing fee required by law or rule shall be
submitted with the records whether or not any water was appropriated during the year. Failure to report shall be sufficient
cause for terminating the permit 30 days following written notice.
MODIFICATION: The Permittee must notify the Commissioner in writing of any proposed changes to the existing permit.
This permit shall not be modified without first obtaining the written permission from the Commissioner.
TRANSFER OR ASSIGNMENT: Any transfer or assignment of rights, or sale of property involved hereunder shall be
reported within 90 days thereafter to the Director of DNR Ecological and Water Resources. Such notice shall be made by
the transferee (i.e., new owner) and shall state the intention to continue the appropriation as stated in the permit. This
permit shall not be transferred or assigned except with the written consent of the Commissioner.
COMMISSIONER'S AUTHORITY: (a) The Commissioner may inspect any installation utilized for the appropriation or use
of water. The Permittee shall grant access to the site at all reasonable times and shall supply such information
concerning such installation as the Commissioner may require. (b) The Commissioner may, as he/she deems necessary,
require the Permittee to install gages and/or observation wells to monitor the impact of the Permittee's appropriation on
the water resource and require the Permittee to pay necessary costs of installation and maintenance. (c) The
Commissioner may restrict, suspend, amend, or cancel this permit in accordance with applicable laws and rules for any
cause for the protection of public interests, or for violation of the provisions of this permit.
PUBLIC RECORD: All data, facts, plans, maps, applications, annual water use reports, and any additional information
submitted as part of this permit, and this permit itself are part of the public record and are available for public inspection at
the offices of DNR Ecological and Water Resources. The information contained therein may be used by the Division as it
deems necessary. The submission of false data, statements, reports, or any such additional information, at any time shall
be deemed as just grounds for revocation of this permit.
MONITORING REQUIREMENTS: Minnesota Statutes 103G.282 authorizes the Department of Natural Resources to
require permittees to install and maintain monitoring equipment to evaluate water resource impacts from permitted
appropriations. You may be required to modify or install automated measuring devices and keep records for each
installation. The frequency of measurements and other requirements will be based on quantity of water appropriated,
source of water, potential connections to other water resources, nature of concern, and other relevant factors.
DROUGHT PLANNING: In accordance with M.S. 103G.293, all permits must be consistent with the drought response
plan detailed in the Statewide Drought Plan at
http://files.dnr.state.mn.us/natural_resources/climate/drought/drought_plan_matrix.pdf.
CONDITIONS continued on next page...Page 2 - Permit Number 1961-1031
CONDITIONS (Continued from previous page )
WELL SEALING: The permittee shall notify the Minnesota Department of Health prior to sealing, removing, covering,
plugging or filling the well(s) from which the authorized appropriation was made. The well(s) must be sealed by a licensed
well driller and in accordance with the procedures required under Minnesota Statutes 103I and Minnesota Rules 4725 as
administered by the Minnesota Department of Health.
WATER USE CONFLICT: If notified by the DNR that a water use conflict is suspected and probable from your
appropriation, based on confirmation of a formal well interference complaint or a preliminary hydrologic assessment, all
appropriation authorized by this permit must cease immediately until the interference is resolved. The permittee may be
required to obtain additional data to support the technical analysis, such as domestic well information within a radius of
one and one-half miles of the production well. The permittee and impacted party may engage in a negotiated settlement
process and there may be modifications made to this permit in support of conflict resolution.
WATER CONSERVATION: All practical and feasible water conservation methods and practices must be employed to
promote sound water management and use the least amount of water necessary, such as reuse and recycling water,
water-saving devices, and water storage.
DISCHARGE AUTHORIZATION: This permit is valid only in conjunction with all required discharge authorizations from
local, state, or federal government units.
MT. SIMON-HINCKLEY AQUIFER: Water appropriations from the Mt. Simon Hinckley aquifer are limited to domestic
water uses for general household purposes for human needs such as cooking, cleaning, drinking, washing, and waste
disposal. Use of water from the aquifer for commercial, industrial, and nonessential purposes, including lawn watering, golf
course irrigation, and vehicle washing are prohibited by Minnesota Statutes. Increases in authorized volumes from the Mt.
Simon Hinckley aquifer will not be allowed in the future unless appropriate water conservation measures are implemented
and feasible and practical alternatives to the Mt. Simon Hinckley aquifer are found to not exist after substantial effort has
been made to search for such alternatives.
GROUNDWATER MONITORING REQUIREMENT: All new wells must have an access port that allows measuring of water
levels. The permittee must measure the water levels in all production wells and/or one or more approved groundwater level
monitoring well(s) per the guidelines specified in the monitoring details attachment, which is hereby made a part of this
permit. Failure to submit monitoring data as specified in the attachment may result in termination of this permit.
RAMSEY COUNTY DISTRICT COURT ORDER: 62-CV-13-2414 – PLAN TO CONVERT TO SURFACE WATER
SOURCE: A revised Water Supply Plan must be submitted to the DNR, by August 29, 2018, that includes a contingency
plan to fully or partially convert the source water that is authorized under this permit from groundwater to surface water
source(s). The contingency plan must include a schedule for funding design, construction and conversion to a surface
water supply. Whether any conversion would occur shall be determined by the DNR and the holder of this permit.
RAMSEY COUNTY DISTRICT COURT ORDER: 62-CV-13-2414 – RESIDENTIAL IRRIGATION BAN: The permittee must
prepare, enact and enforce a residential irrigation ban when notified by DNR that the lake level of White Bear Lake has
fallen below 923.5 feet (MSL 1912), to continue until notified by the DNR that the lake level has reached an elevation of
924 feet (MSL 1912). By April 30, 2018, send the DNR your approved ordinance or other enforceable mechanism for
implementing an irrigation ban consistent with this permit condition. The current lake levels of White Bear Lake may be
viewed on the MN DNR website: (http://www.dnr.state.mn.us/waters/csg/site_report.html?
mode=get_site_report&site=82016700).
RAMSEY COUNTY DISTRICT COURT ORDER: 62-CV-13-2414 – PER CAPITA WATER USE PLAN: By August 29, 2018
submit an enforceable plan to the DNR to phase down per capita residential water use to 75 gallons per day and total per
capita water use to 90 gallons per day.
RAMSEY COUNTY DISTRICT COURT ORDER: 62-CV-13-2414 – REPORT ON COLLABORATIVE EFFORTS: Annual
reporting to the DNR is required on your collaborative efforts with northeast metro communities to develop plans to phase
down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day. Annual
reports are due on March 31st of each year, beginning in 2019.
CONDITIONS continued on next page...Page 3 - Permit Number 1961-1031
Jeanne Daniels, EWR District Manager
SEH Inc - St. Paul, Agent
Focus Engineering, Inc., Agent
Wolohan, Brendan, Contact; SEH Inc - St. Paul
Isakson, Chad, Contact; Focus Engineering, Inc.
Griffin, Jack, Contact; Focus Engineering, Inc.
Michael Welling, County, Washington
Stephanie Souter, County, Washington
Jessica Collin-Pilarski, County, Washington
John Hanson, Watershed District, VALLEY BRANCH WD
Jay Riggs, SWCD, Washington Conservation District
Kristina Handt, City, Lake Elmo
cc:
Page 4 - Permit Number 1961-1031