HomeMy WebLinkAbout#22 - Minimum Lot SizesSTAFF REPORT
DATE: 7/02/19
TO: Lake Elmo City Council
FROM: Ken Roberts, Planning Director
ITEM: Zoning Ordinance Amendment – Minimum Lot Sizes – Multi-Family
Housing
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
During the City’s review of the proposed Bentley Village Townhouse development, staff became
aware of a problem in the Zoning code. This involves the listed minimum lot size standards in the
zoning code for single-family attached (townhouses) and multi-family housing in Lake Elmo.
Staff is now proposing amendments to the text of the zoning code to correct this problem.
On March 25, 2019, the Planning Commission conducted a public hearing about the proposed
code amendment. They recommended approval of the code change as prepared by City staff.
On May 29, 2019, the Planning Commission reviewed the proposed ordinance and recommended
(again) that the City Council adopt the ordinance as proposed.
ISSUE BEFORE THE CITY COUNCIL:
Should the City Council adopt the proposed ordinance amendment that would delete the sections of
the Zoning Code that now list a minimum lot size for single-family attached and multi-family
dwellings and replace those with a reference to the density standards in the Comprehensive Plan?
PROPOSAL DETAILS/ANALYSIS:
There are several sections of the Zoning Code that have standards for the minimum lot size (per
unit) for single-family attached and multi-family housing. These include the MDR (medium
density), HDR (high density), VMX (village mixed use), MU-C (mixed use commercial) and MU-
BP (mixed use business park). The difficulty with having a minimum lot size per unit in these
types of developments is that townhouses, when several are attached to form one building,
typically are each on lots of 1,500 – 1,800 square feet. The City Code now requires between
1,800 -4,000 square feet per unit. The minimum lot sizes per unit do not account for overall
project density as public streets, setbacks and required open space are all design factors that a
project designer most account for when laying out a development with single-family attached or
multi-family attached housing.
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The City’s Comprehensive Plan sets density standards for all residential land uses. These range
from 2.5-4.0 units per acre for low-density residential development, 4.01 – 8 units per acre in the
areas planned medium density residential (MDR) to 10-15 units per acre in the mixed use
commercial (MU-C) land use area. It is important for the City to have future residential
developments meet these density standards as these were the standards the City used when
preparing the 2040 Comprehensive Plan for approval by the Metropolitan Council. In addition,
the City has based the long-term design needs of the City’s Sanitary Sewer and Water systems on
the land use designations and housing densities set in the Comprehensive Plan.
The overall project density is the most important factor that the City should consider when
reviewing a single-family attached or a multi-family housing development. The total number of
units in any one site or development (and thus the total number of expected residents in an area),
determines the need for public services such as emergency services, street maintenance and public
utility services. Having a minimum lot size per unit in these areas limits and lowers the overall
project density when a project needs to meet all the other City-required design standards.
To remedy this problem (and to clarify the language in the City Code), staff is proposing a Zoning
Code text amendment that drops the minimum lot size per unit for single-family attached and
multi-family dwelling developments from the Zoning Code. Instead, staff is proposing to have a
note in the Zoning Code for these types of developments that states the density shall not exceed
the maximum density allowed by the land use classification in the City’s adopted Comprehensive
Plan. This change will insure that minimum lot sizes do not overly restrict the number of units and
it gives clear direction that the City intends to have new development meet the density standards
in the Comprehensive Plan.
ADDITIONAL INFORMATION:
Since, the Planning Commission meeting on March 25, staff has done further research of codes
and ordinances of other area cities about minimum lot sizes for multiple family housing. Staff
found that many cities do not have a minimum lot size for this type of housing. These cities rely
on the density standards set by their Comprehensive Plans or they list a maximum density (in
dwelling units per acre) in their zoning code to determine maximum project density. These cities
include Maplewood, Cottage Grove, Roseville and Ramsey.
Other cities do list a minimum lot size per units similar to what Lake Elmo now has in the zoning
code. These include Stillwater, Oakdale, Woodbury and Mounds View. They clarify, however,
that their minimum lot size is the minimum lot area required per dwelling unit (averaged over the
entire development site – not just the land area under each unit). For example, in Lake Elmo, in
the HDR District with the listed minimum lot area for multi-family dwelling unit of 1,800 square
feet per unit, a 10 acre site could have up to 242 units (10 acres times 43,560 square feet divided
by 1,800 = 242 units) if the City calculated density using this method. This is a significantly
larger number than the 150 units that would be allowed by the Comprehensive Plan standard at 15
units maximum per acre to calculate density. If the City set a minimum lot size in the HDR of
2,900 square feet, that would meet the maximum allowed density of 15 units per acre as set in the
Comprehensive Plan. (10 acres times 43,560 square feet divided by 2,900 square feet equals
150.2 maximum total units or 15.1 units per acre.)
For another example, in Mounds View, they require at 6,500 square feet of lot area per dwelling
unit for townhouses and at least 2,500 square feet of lot area for multiple-family dwelling unit.
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For a 10 acre site in Mounds View, the maximum number of multiple-family units would be 174
units (10 acres times 43,560 square feet divided by 2,500 = 174 units).
Woodbury requires an average of at least 4,500 square feet of lot area per townhouse unit, 2,925
square feet per 1 bedroom unit and at least 3,600 square feet of lot area per 2 bedroom unit.
Stillwater requires at least 2,800 square feet of lot area per unit in their medium density zoning
district and at least 1,500 square feet of lot per unit in their high density residential zoning district.
OPTIONS:
The City Council may:
1. Adopt Ordinance 08-224 amending the Zoning Ordinance language about minimum lot sizes
for medium and high density residential zoning district as recommended by the Planning
Commission and prepared by staff; or
2. Make changes to Ordinance 08-224 – changing parts of the proposed ordinance amendment
about minimum lot sizes in the medium and high density residential zoning districts.
3. Deny the proposed Zoning Ordinance amendment and direct staff and the Planning
Commission to study the matter further.
RECOMMENDATION:
Staff recommends that the City Council approve of the proposed Ordinance as recommended by the
Planning Commission on March 25, 2019 and on May 29, 2019 and as prepared by staff with the
following motions:
“Motion to adopt ordinance 08-224 that deletes the minimum lot size standard for housing units
in the medium and high density residential zoning districts and adds language referring the
Comprehensive Plan to determine maximum project density to the City Zoning Code.”
and
“Motion to adopt Resolution No. 2019 –050 authorizing staff to publish a summary of the
ordinance amendment.”
ATTACHMENTS:
1. Ordinance 08-224 Proposed Zoning Code Text Amendment
2. Resolution 2019 –050 (Summary Publication of Ord. 08 –224)
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-224
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
REMOVING THE MINIMUM LOT SIZE STANDARDS FOR CERTAIN SINGLE-
FAMILY ATTACHED AND MULTI-FAMILY HOUSING
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land
Usage; Chapter 154: Zoning Code, Section 154.452 is hereby amended by changing the
following sections (Proposed language is underlined, deleted language is shown with
strikethrough):
§ 154.452 LOT DEMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 10-2: Lot Dimension and Setback
Requirements.
Table 10-2: Lot Dimension and Setback Requirements, Residential Districts
LDR MDR HDR
Minimum Lot Area (sq. ft.)
Single family detached dwelling 8,000 7,000 5,000
Two-family dwelling (per unit) a 5,000 4,000 3,000
Single-family attached (per unit) b - 4,000 See note i. 2,500 See note i.
Multi-family dwelling (per unit) - 4,000 See note i. 1,800 See note i.
Secondary dwelling See 154.454(c) See 154.454 (c)
Live-work unit - - 3,600
Congregate housing - See 154.301(c) See 154.301(c)
Manufactured home park - See 151.035-151.150 See 151.035-151.150-
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Minimum Lot Width (feet)
Single family detached dwelling 60 50 50
Two-family dwelling (per unit) a 35 30 20
Single-family attached (per unit) b - 25 20
Multi-family dwelling (per building) - 75 60
Live-work unit - - 25
Maximum Height (feet) 35 35 50
Maximum Impervious Coverage 40% 50% 75%
Minimum Building Setbacks (feet)
Front yard 25 c 25 c 20 c
Interior side yard e
Principal Buildings f,g 10 10 10d
LDR MDR HDR
Minimum Building Setbacks (feet)
Interior side yard
Attached Garage or Accessory Structures
f,g 5 5 10d
Corner side yard g,h 15 15 15
Rear yard 20 20 20
Notes to Urban Residential Districts Table
a. Common open space areas may be used in the determining whether or not the
minimum lot areas within a development are met, when provided as part of an
overall development plan.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or
located on separate floors in a building on a single lot (“duplex”). The per-unit
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measurements in this table apply to “twin” units, whether on a single lot or separate
lots. The standards for single-family detached dwelling shall apply to a “duplex”
containing two vertically-separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual
lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1
unit per 2,500 square feet. This standard is also used for multifamily dwellings.
d. Single family dwellings (both attached and detached) and two-family dwellings may
use the side yard setbacks within MDR zoning districts.
e. In a block where the majority of the block face has been developed with the same or
similar setbacks, the front setback for the remaining lots on that block face shall fall
within the range established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than 7 feet from a
side property line, the maximum permitted encroachment for anything attached to
said building (including eaves, overhangs, steps, chimneys, and other appurtenances
as described in Section 154.081) will be two (2) feet.
g. Side yards setbacks shall apply to the ends of attached or two-family dwellings.
h. Corner properties: The side façade of a corner building adjoining a public street
shall maintain the front setback of the adjacent property fronting upon the same
public street, or the required front yard setback, whichever is less. If no structure
exists on the adjacent property, the setback shall be as shown in the table.
i. The total number of housing units or residential density in any development shall
not exceed the maximum density allowed by the land use classification as
designated in the City’s Comprehensive Plan.
SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land
Usage; Chapter 154: Zoning Code, Section 154.502 is hereby amended by changing the
following sections (Proposed language is underlined, deleted language is shown with
strikethrough):
§ 154.502 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 11-2: Lot Dimension and Setback
Requirements.
Table 11-2: Lot Dimension and Setback Requirements, VMX District
VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use None
Single Family Detached Dwelling 5,000
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Two-Family Dwelling (per unit) b 3,000
Single-Family Attached (per unit) c 2,500 See notes a and h.
Multi-Family Dwelling (per unit) 1,800 See notes a and h.
Secondary Dwelling See 154.454.C
Live-Work Unit 3,000
Congregate Housing See 154.454(c)
Other Structures 3,500
Maximum Lot Area (acres)
Residential Structures N/A
Other Structures 5
Minimum Lot Width (feet)
Single Family Detached Dwelling 50
Two-Family Dwelling (per unit) b 30
Single-Family Attached (per unit)c 25
Multi-Family Dwelling (per building) 75
Live-Work Unit 25
Maximum Height (feet/stories) 35/3 d
VMX
Maximum Impervious Coverage
Residential Structures 75%
Other Structures No Limit
Minimum Building Setbacks (feet)
Front Yard e See 154.452, 154.505
(A)(6) or 154.505(A)(7)
Interior Side Yard f 10
Corner Side Yard g 0
Rear Yard 10
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Notes to VMX District Table
a. No development may exceed the residential density range as specified in the
Comprehensive Plan for the Village Mixed Use land use category.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or located
on separate floors in a building on a single lot (“duplex”). The per-unit measurements in
this table apply to “twin” units, whether on a single lot or separate lots. The standards for
single-family detached dwelling shall apply to a “duplex” containing two vertically-
separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard is also used for multifamily dwellings.
d. Buildings up to 45 feet in height may be permitted as part of a PUD.
e. The front yard setback for single family homes shall be 25 feet.
f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially
zoned parcels or those parcels with residential uses as the sole use.
g. Corner properties: the side yard façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be shown in the table.
h. The total number of housing units or residential density in any development shall not
exceed the maximum density allowed by the land use classification as designated in the
City’s Comprehensive Plan.
SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land
Usage; Chapter 154: Zoning Code, Section 154.511 is hereby amended by changing the
following sections (Proposed language is underlined, deleted language is shown with
strikethrough):
§ 154.511 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 14-2: Lot Dimension and Setback
Requirements, Mixed Use-Commercial and Mixed Use-Business Park Districts.
Table 14-2: Lot Dimension and Setback Requirements, Mixed Use-Commercial and Mixed Use-
Business Park Districts.
MU-C MU-BP
Minimum Lot Area (sq. ft.)a,c
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Single-family detached
dwelling
4,000 5,000
Two-family dwelling (per unit) 3,000 4,000
Single-family attached
dwelling (per unit)b
3,000 See note l. 4,000 See note l.
Multifamily dwelling (per unit) 1,500 See note l. 2,200 See note l.
Secondary dwelling See Section 154.454 (C)
Live-work unit 3,000 3,000
Non-residential uses 20,000 85,000
Minimum Lot Width (feet)
Single-family detached
dwelling
50 50
Two-family dwelling (per unit) 20 20
Single-family attached
dwelling (per unit)b
20 20
Multifamily dwelling (per
building)
60 60
Live-work unit 25 25
Non-residential uses 100 200
Maximum Height (feet)i 50 50
Maximum impervious
coverage (non-shoreland
areas)
75% 75%
Building setback requirements (feet)
Residential uses
Front yard d 20 20
Interior side yard f
7
Principal Buildings 7 7
Attached Garage or
Accessory Structures e,f
5 5
Corner side yard g 10 10
Rear yard 20 20
Non-residential uses
Front yard d 30 50
Interior side yard j 10 30
Corner side yard g 25 30
Rear yard 30 30
From Residential zones 50 150
Parking setback requirements (feet)
Front yard 15 30
Interior side yard 10 15
Corner side yard 15 30
Rear yard 10 15
From Residential zones 35 50
Notes to Mixed Use Commercial and Mixed Use Business Park Districts Table
a. Common open space areas may be used in determining whether or not the minimum lot
areas within a development are met, when provided as part of an overall development plan.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or located
on separate floors in a building on a single lot (“duplex”). The per-unit measurements in
this table apply to “twin” units, whether on a single lot or separate lots. The standards for
single-family detached dwelling shall apply to a “duplex” containing two vertically-
separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard also is used for multifamily dwellings.
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d. In a block where the majority of the block face has been developed with the same or
similar setbacks, the front setback for the remaining lots on that block face shall fall within
the range established by the existing setbacks.
e. In situations where a garage or accessory building is set back less than 7 feet from a side
property line, the maximum permitted encroachment for anything attached to said building
(including eaves, overhangs, steps, chimneys, and other appurtenances as described in
Section 154.081) will be two (2) feet.
f. Side yard setbacks shall apply to the ends of attached or two-family dwellings.
g. Corner properties: The side façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be as shown in the table.
h. Attached garages and accessory structures on parcels on which single family homes are
located may have a side yard setback of 5 feet.
i. Buildings higher than 50 feet may be allowed through a Conditional Use Permit and would
be subject to a separate technical and planning evaluation.
j. All accessory buildings for non-residential uses must be set back at least 10 feet from
property lines.
k. Ground mounted wind generators may exceed the allowable height restriction designated
in all commercial districts and are subject to different setback requirements as identified in
section 154.308 (B).
l. The total number of housing units or residential density in any development shall not
exceed the maximum density allowed by the land use classification as designated in the
City’s Comprehensive Plan.
SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 5. Adoption Date. This Ordinance 08-224 was adopted on this ______day of July,
2019, by a vote of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
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This Ordinance 08-XXX was published on the ____ day of ___________________, 2019.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2019-050
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-224
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 08-224, an ordinance
amending the City’s Zoning Ordinance by removing the minimum lot size standards for certain
single-family attached and multi-family housing
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-224 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-224 that removes the
minimum lot size standards for certain single-family attached and multi-family housing from
sections of the zoning code and replaces the language to references in the Comprehensive Plan
about maximum housing density.
The following is a summary of the adopted ordinance language:
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, Section 154.452 is hereby amended by changing
the following sections
§ 154.452 LOT DEMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 10-2: Lot Dimension and Setback
Requirements
SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, Section 154.502 is hereby amended by changing
the following sections.
§ 154.502 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 11-2: Lot Dimension and Setback
Requirements.
SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title XV:
Land Usage; Chapter 154: Zoning Code, Section 154.511 is hereby amended by changing
the following sections.
§ 154.511 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 14-2: Lot Dimension and Setback
Requirements, Mixed Use-Commercial and Mixed Use-Business Park Districts.
The full text of Ordinance No. 08-224 is available for inspection at Lake Elmo City Offices during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: July 2, 2019
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.