HomeMy WebLinkAbout08-222 Mixed UseCITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RTR-0
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land
Usage; Chapter 154: Zoning Code is hereby amended by adding the following:
ARTICLE XIV. MIXED USE COMMERCIAL AND MIXED USE BUSINESS
PARKI)ISTRICTS
L'1{ I M I I I I il" 111 1 1 1' 111011111
A, I A4_U-C Mixed Use Commercial. The purpose of the mixed use commercial district is to
provide areas in the city for and promote mixed use development that supports a
sustainable mix of retail, commercial and residential uses that will benefit from proximity
and adjacency to one another. The mixed use commercial district will serve as a
transitional district between more intense highway -oriented development and less intense
rural or medium density residential uses. The intent of the mixed use commercial district is
to permit flexibility in the use of the land, while providing a set of minimum development
standards in site design, spatial relationships, building architecture and landscape design
that will allow property owners to design and construct development projects that respond
both to market needs and to City goals and policies. The placement and treatment of
buildings, parking, signage, landscaping and pedestrian spaces are essential elements in
creating a livable environment in a mixed -use area. The transitional aspect of development
in this district requires -projects that are designed with a special focus on mitigating any
negative impacts on existing and future development in the area. The City will evaluate
new development proposals for their consistency with this goal and the City may require
developers to amend or change development proposals. The City may deny proposals
when the City finds them to be inconsistent with the goals and policies of the City.
The district promotes attractive, inviting, high -quality retail shopping and service areas that
are conveniently and safely accessible by multiple travel modes. Development shall
incorporate creative design and buffering techniques to ensure smooth transitions between
different types of development or different intensities of uses. At least 50 percent of the net
developable area of a proposed mixed use commercial development is to be residential,
and residential development within these areas shall occur at a density range of 10-15 units
per acre. If a proposed development does not include at least 50 percent of the net
developable land area in residential development, the City will require the applicant to
11
provide a 'ghost' plat (build -out plans) during sketch plan review that proposes how the
parcel or area adjacent to the proposed development will be used in order to meet the
requirement for at least 50 percent of the project site with residential land uses). This
method of subdivision (by showing Riture land use and subdivision) and development
review is a front -loading process that preserves land for future residential use, The city will
use the ghost plat or sketch plan as an official document to establish land use consistent
with the Comprehensive Plan.
B. MU BP Mixed Use Business Park. The purpose of the mixed use business park district is
to provide areas in the city that will have a mix of general business, business park and
residential uses. Having a mixture of land uses within the district allows for better
integration of uses and more flexibility to respond to market demands, The district
promotes high standards of site design, spatial relationships, building architecture and
landscape design that will foster compact developments with pedestrian convenience and
human scale and will preserve and strengthen existing businesses and land uses. The
placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces
are essential elements in creating a livable environment in a mixed -use area. The City will
evaluate new development proposals for their consistency with this goal and the City may
require developers to amend or change development proposals. The City may deny
proposals when the City finds them to be inconsistent with the goals and policies of the
City.
The City allows light industrial and limited manufacturing in this district with the city
approval of a conditional use permit. All business activities and storage in this district are
to be conducted inside buildings that are of high quality and attractive, The city will
require developers and builders in the district to provide open space, quality landscaping
and berming as part of their projects. Development in this district shall incorporate creative
design and buffering techniques to ensure smooth transitions between different types of
development or different intensities of uses, At least 50 percent of the net developable area
of a proposed mixed use business park development is to be residential, and residential
development within these areas shall occur at a density range of 6- 10 units per acre. If a
proposed development does not include at least 50 percent of the net developable land area
in residential development, the City will require the applicant to provide a 'ghost' plat
(build -out plans) during sketch plan review that proposes how the parcel or area adjacent to
the proposed development will be used in order to meet the requirement for at least 50
percent of the project site with residential land use(s). This method of subdivision (by
showing future land use and subdivision) and development review is a front -loading
process that preserves land for future residential use. The City will use•the -ghost plat or
sketch plan as an official document to establish land use consistent with the -
Comprehensive Plan.
K
§ 154.509 MIXED USE COMMERCIAL AND MIXED USE BUSINESS PARK REVIEW
PROCEDURE
All development within the Mixed Use Commercial and Mixed Use Business Park zoning districts
shall follow the review and approval process outlined in this section. No development in the MU-C or
MU -BP will be permitted prior to the completion of all stages of review, nor with the submission of all
required documents, including any additional documents that may be required by the City in the
review of the proposed MU-C or MU -BP development.
A. Submittal Requirements, In general, the submittal requirements outlined in the City's
Subdivision Regulations shall apply in addition to the application requirements outlined below.
If the development is proposed to be a Planned Unit Development, the application
requirements outlined in the City's Planned Unit Development process also shall apply. These
submittal requirements shall be submitted to the City for the Sketch Plan and Preliminary
Stages of any development. If the property has already been platted, the development shall still
be subject to the following submittal requirements, and the development shall be subject to
Mixed Use Development Review. The application requirements for a Mixed Use Development
Review shall be the same as those required in City Code Section 154.101 (Applications
Review Process) regardless if the proposed use(s) is (are) permitted.
The following outlines the minimum application requirements applicable for a proposed
development within the MU-C and MU -BP districts:
1. A narrative description of the mixed use project, including how the project fulfills the
purposes of the MU-C or MU -BP district.
2. Identification of minimum required land area to be devoted for residential uses and the
land area proposed for commercial, industrial or other land uses based on Zoning
Ordinance and Comprehensive Plan documents governing land use on the subject
property or properties.
3. Clear demonstration and documentation that the project or development can achieve
the required residential densities.
4. For all business and/or commercial areas, a sketch plan illustrating the proposed layout
of commercial buildings and related improvements; alternatively, where business or
commercial areas not proposed to be developed immediately, the applicant may submit
an estimate of the commercial development capacity of the property in square feet of
commercial building space.
5. A statement identifying the minimum and maximum development capacity, by land
use category, for future phases of the project.
G. If a proposed development does not include at least 50 percent of the developable land
area in residential development, the applicant will be required to provide a 'ghost' plat
(build -out plans) during sketch plan review that proposes how the parcel or, area
adjacent to the proposed development will be used in order to meet the 50%
residential/50% commercial requirement. If an adjacent parcel is included in this
`ghost' plat, the adjacent property owner must sign off on the application or the City
will determine that the request does not meet the minimum residential requirements of
this code and will deny the development application or proposal.
B. Mixed Use Commercial and Mixed Use Business Park Review and Approval Procedures. The
review procedures outlined in the City's Subdivision Regulations shall apply as applicable, in
addition to the review procedures outlined below, If the development is proposed to be a
Planned Unit Development, the review procedures outlined in the City's Planned Unit
Development process shall also apply. If the property has already been platted, the
development shall be subject to Mixed Use Development Review. The City review and
approval process for a Mixed Use Development Review of a previously platted property shall
be the same as outlined in Section 154,106 of this Code regardless if the proposed use(s) is
(are) permitted. Expansion of existing permitted uses on the same parcel on which they exist
will not require a Mixed Use Development Review.
1. 'Ghost'Plat as an Official Document,
If a 'ghost' plat submitted with the Mixed Use Development Review because the
proposed development could not meet the required mix of having at least 50 percent of
the site in residential land uses the City will use the `ghost" as an official document to
establish a land use mix consistent with the Comprehensive Plan, The ghost plat or
build -out plan shall show a realistic ftiture urban -style lot and block layout and street
system, taking into consideration existing streets and access points, utilities,
topography, natural features (water bodies, wetlands, etc.) and shall show how the
proposed development will not isolate the adjacent land or property making them
undevelopable.
2. Rules and Regulations,
The City shall review and process mixed use development requests consistent with all
City and State requirements. No requirement outlined in the Mixed Use Development
Review process shall restrict the City Council from taking action on an application if
necessary to meet state mandated time deadlines.
3. Preconstruction.
No building permit shall be granted for any structure within the MU-C or MU -BP
districts without approval from the City of the Mixed Use Development Review unless
the proposed building is part of an existing development,
4. Effect on Conveyed Property
In the event that any real property in an approved Mixed Use Development Review is
conveyed in total, or in part, the now owners thereof shall be bound by the provisions
of the Mixed Use Development Review and approvals.
5, Tracking of Required 50% ResidentiaII50% Commercial Requirement.
The City shall create a database to track the residential units, the associated residential
density (in units per acre) and the acreages of residential and other land uses associated
with each development approved by the City with and by the Mixed Use Development
Review process.
4
6, Changes or. Modifications.
Requests for changes or modifications of an approved mixed use development shall be
made in writing to the city and shall be submitted to the Planning Director. The
determination of whether a proposed modification is minor or major shall be made at
the discretion of the Planning Director.
§ 154.510 PERMITTED, CONDITIONAL AND INTERIM USES
Table 14-1 lists all permitted and conditional uses allowed in the commercial areas of the 1\4U-C and
MU -BP zoning districts. "Y' indicates a permitted use, "C" a conditional use and "I" an interim use.
Uses not so indicated are prohibited. Cross-references listed in the table under "Standards" indicate the
location within this chapter of specific development standards that apply to the listed use.
A. Combinations of Uses. The following use types may be combined on a single parcel.
1. Principal and accessory uses.
2. Single-family attached or multi -family complexes designed for rental or
condominium occupancy, since these typically include multiple units and buildings
on a single parcel.
3. Other permitted or conditional uses "owed within the district may be combined on
a single parcel, provided the city approves a unified and integrated site plan. The
City must approve the entire development as a conditional use.
4. A mixed -use building that combines permitted or conditionally permitted
residential, service, retail and civic uses may be developed meeting the form
standards of this subchapter. Office or studio uses on upper stories of such
buildings are encouraged.
5. Compatible Uses: In the event of any question as to the appropriate use type or
compatibility of any proposed land use or activity in a mixed use development,
the Planning Director shall have the authority to detennine if the City should
consider the use or activity as pennitted, conditional or prohibited from a
location in a mixed use zoning district. In making such a determination, the
Planning Director shall consider the operational and physical characteristics of
the proposed use or activity in question. In addition, the Planning Director shall
consider the specific requirements of the use in common with those included as
permitted or conditional uses in the zoning district. Where a question or
conflict arises as to the appropriateness or compatibility of a proposed use or
activity, the Planning Director shall refer the matter to the Planning
Commission. The Planning Commission shall make a recommendation about
the matter to the City Council, who shall make the final detennination as to
whether the city will allow (or not allow) a proposed use; is compatible as a
permitted use or as a conditional use; is compatible as an accessory use; or is a
5
use that may be added to a specific mixed use development within the zoning
district.
Table 14-1: Permitted, Conditional and Interim Uses, Mixed Use Commercial and Mixed Use
Business Park Districts
n.
IN IN
MM
Household Living
Single-family detached dwelling
P
P
154,513 (A)
Single-family attached dwelling
P
P
154,513 (B)
Multifamily residential dwelling
P
P
154.513 (C)
Secondary dwelling
C
C
154.513 (D)
Live -work unit
C
C
154.513 (E)
Group Living
Group Home
P
P
154.301 (A)
Group Residential Facility
C
C
154.301 (B)
Congregate Housing
C
C
154.301 (C)
Semi -transient accommodations
C
C
154.301 (D)
Community Services
C
C
154.513 (F)
Day Care Center
C
C
154.012 (B)
Public Assembly
C
C
154.513 (F)
Business Center
P
P
154,012 (B)
Business Services
------ ------
P
P
154,012 (B)
N.
Offices
P
P
154.012 (B)
Communication Services
P
p
154.012 (B)
Educational Services
P
P
154.303 (A); 154.513 (G)
Financial Institution
P
P
154,012 (B)
Funeral Home
C
154.513 (H)
Lodging (Transient Accommodations)
C
C
154.302 (D)
Medical Facility
C
C
154.303 (B); 154.513 (1)
Nursing and Personal Care
C
C
154.303 (C)
Personal Services
P
P
154.012 (B)
Repair and Maintenance Shop
P
P
154.513 (J)
Transportation Services
C
C
154.012 (B)
Veterinary Services
C
C
154.513 (L)
Standard Restaurant P P
Restaurant with Drive -Through C C* 154.304 (A); 154.513
(M); * 154.513 (N)
Drinking and Entertainment C C 154.304 (B)
Garden Center P 154.513 (P)
Neighborhood Convenience Store P 154,012 (B)(5)
Retail Trade C C* *154.012(B) (5)
Shopping Center C 154,012 (B)(5)
Wholesaling C C
Motor Vehicle (Automobile) Parts/Supply 154.505 (B) (5)
k
Vehicle (Car) Wash C
Motor Fuel (Gasoline) Station C 154,505 (B)
Parking Facility C C 154,505 (B) (7)
Outdoor Recreation Facility C 154.306 (C)
Parks and Open Areas P P 154.012
Indoor Athletic Facility C C 154.307
Indoor Recreation C C 154.307
Light Industrial/limited manufacturing C 154.012
Non -Production Industrial C (See Note X on joage 17).
Research and Testing C C 154.012
f Broadcasting or Communications Facility I C I C
Home Occupation
P
P
154.012 (B) (13) and
154.310 (E)
Bed and Breakfast
P
P
154.310 (A)
Family Day Care
P
P
154.012 (12) (d)
Group Family Day Care
P
P
Temporary Sales
P
P
154.509 (G)
Parking Facility
P
P
Outdoor Storage
C
Outdoor Display
C
Solar Energy System
P
P
154.310 (C)
Wind Generator — Ground Mounted
C
C
154.308 (13)
Wind Generator — Roof/Structure Mounted
C
C
154.308 (13)
Swimming Pools, Hot Tubs, Etc.
P
P
Other Structure Typically Incidental and
Clearly Subordinate to Permitted Uses
P
P
§ 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.
Minimum Lot Area (sq. ft.)a,-.
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
4,000
Multifamily dwelling (per unit)
1,500
2,200
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
0
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)'
50
50
Maximum impervious coverage (non-
shoreland areas)
75%
75%
Building setback requirements (feet)
Residential uses
Interior side yard
Principal Buildings
7
7
Attached Garage or Accessory Structures
5
5
Rear yard
20
20
Non-residential uses
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
10
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_
separatedunits 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.
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. Comer properties: The side facade of a comer 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.
is 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).
§ 154.512 GENERAL SITE DESIGN CONSIDERATIONS — MIXED USE COMMERCIAL
AND MIXED USE BUSINESS PARK
Development of land within the Mixed Use Commercial and Mixed Use Business Park shall meet the
following general standards, in addition to those standards set forth in the City's Design Guidelines
and Standards Manual and the Development Standards for Specific Uses (listed below).
a. Design and Layout. The design and layout of a mixed use development shall take into
account the relationship of the site to the surrounding area. The perimeter of a mixed use
site shall be designed and constructed to minimize undesirable impacts of the mixed use
site on adjacent or nearby properties.
b. Location of Residential and Commercial Development, Generally, Residential
development within the mixed use development shall be located adjacent to existing
residential development in order to provide a transition to commercial development unless
sufficient buffering and screening, as determined by the City, is provided.
c. Commercial and Business Park Development, Generally. Developers and applicants shall
design additions and all now construction to reflect the general scale and character of
existing buildings on surrounding blocks, including front yard depth, roof pitch, primary
materials, facade detailing and size and placement of window and door openings. All
cominercial/business/i-ndustriaI buildings and sites are expected to meet or exceed the Lake
Ehno Design Guidelines and Standards.
d. Mitigation. Where the industrial or commercial nature of adjacent uses would be
incompatible with residential development due to noise, vibration, odor, light, glare or
other disturbance, reasonable effort shall be taken to minimize such impacts. Mitigation
may include, but is not limited to, increased setbacks, the planting of substantial
landscaping for buffering and/or the construction of a wall, fence or earth berm between
properties.
c. Circulation. Now access points to a County State Aid Highway may be refused or
restricted to right -in right -out movement if alternatives exist. Internal connections shall be
provided between parking areas on adjacent properties wherever feasible. In addition, the
number and width of curb -cuts shall be minimized. To promote pedestrian circulation,
existing continuous curb -cuts shall be reduced to widths necessary for vehicular traffic,
and unnecessary or abandoned curb cuts shall be removed as parcels are developed.
f. Fencing and Screening. Fencing and screening walls visible from the public right-of-way
shall be constructed of materials compatible with the principle struclure(s),
g. Lighting design., Lighting shall be integrated into the exterior design of new or renovated
structures to create a greater sense of activity, security and interest to the pedestrian, and
shall comply with § 150.035-150.038 Lighting, Glare Control, and Exterior Lighting
Standards.
h, Exterior Storage. Exterior materials storage must be screened from view from adjacent
public streets and adjacent residential properties, by a wing of the principal structure or by
a screen wall constructed of the same materials as the principal structure. The City may
approve other materials for the required screening if the City determines the proposed
12
design and materials of the screening would be of a similar design and character of the
principle structure. The height of the structure or screen wall must be sufficient to
completely conceal the exterior stored materials from view at eye level (measured at six
feet above ground level) on the adjacent street,
L Screening of Existing Residential Structures. When a new development is proposed
adjacent to existing single family residential homes, the developer shall provide screening
in accordance with § 154.258.F. The City may require buffering or screening above and
beyond this section in cases where the City determines the required screening will not
provide an adequate separation between incompatible uses.
§ 154.513 DEVELOPMENT STANDARDS FOR SPECIFIC USES
A. Single -Family Detached Dwellings.
1. All single-family dwellings shall be at least twenty-four (24) feet in width, at least
nine hundred sixty (960) square feet in area, and be placed on a permanent
foundation.
2. No parking shall be located in the front yard or between the front fagade and the
street except on a permitted driveway.
3. The primary entrance shall be located on the fagade that fronts a public street.
B. Single -Family Attached Dwellings
1. A maximum of 10 units shall be allowed within a single building. Buildings with
more than 10 units may be allowed as a conditional use.
2. Townhouse dwellings shall be located on lots in such a way that each individual
unit has a minimum of 15 feet of street frontage. No parking shall be located in the
front yard or between the front fagade and the street except on a permitted
driveway. Townhouses that do not meet the minimum requirements for frontage
along the street or that have frontage along a private street may be allowed as a
conditional use.
C Multi -Family Dwellings
1. No vehicle parking shall be located in the front yard or between the front fagade
and the street.
2. Common open space for use by all residents or private open space adjacent to each
-unit (such as a courtyard or balcony or a combination of these) shall be provided.
Such open space shall comprise a minimum of 300 square feet per unit.
D. Secondary Dwellings,
1. A secondary dwelling unit may be located within a principal structure used as a
single-family detached dwelling, above a detached garage, or within a separate
detached structure.
2. There shall be no more than one secondary dwelling unit on any one lot or parcel.
3. At least one dwelling unit on each lot or parcel shall be owner -occupied.
W
4. The minimum lot area shall be 2,500 square feet greater than the minimum lot area
required for a single-family detached dwelling in the zoning district.
5. If the secondary unit is included in the principal building, the appearance of the
building shall remain that of a single-faAnily dwelling. Any new or additional
entrances must face the side or rear of the building.
6. Whether the secondary unit is an addition to an existing structure or a new detached
structure,, roof pitch, windows, eaves and other architectural features must be the
same or visually compatible with those of the principal building. Exterior finish
materials and trim must be the same or closely match in type, size and location the
materials and trim of the principal building,
7. A secondary unit within the principal structure shall not contain more than 30% of
the principal building's total floor area or 800 square feet, whichever is less. A
detached secondary unit shall not exceed 1,000 square feet in gross floor area.
E. Live -Work Unit
1. The work space component of the unit shall be located on the first floor or
basement of the building.
2. The dwelling unit component shall maintain a separate entrance located on the front
or side facade and accessible from the primary abutting public street.
3. The work space component of the unit shall not exceed 30% of the total gross floor
area of the unit,
4. A total of two off-street parking spaces shall be provided for a live -work unit,
located to the rear of the unit or -underground or in an enclosed space.
5. The size and nature of the work space shall be limited so that the building type may
be governed by residential building codes. An increase in size or intensity beyond
the specified limit on floor area would require the building to be classified as a
mixed -use building,
6. The business component of the building may include offices, small service
establishments, home crafts, etc., that are typically considered accessory to a
dwelling unit, or limited retailing (by appointment only) associated with fine arts,
crafts, or personal services. It may not include a wholesale business, a
manufacturing business, a commercial food service requiring a license, a limousine
business, small engine or power equipment repair or service or a motor vehicle
service or repair facility for any motor vehicles other than those registered to
residents of the property.
7. The business of the live -work unit must be conducted by a person who resides on
the same lot. The business shall not employ more than 2 workers on -site at any one
time who live outside of the live -work unit.
F. Public Assembly and Community Services.
1. No exterior bells or loudspeakers are allowed,
2. The structure containing the use shall be no less than 100 feet from residential
properties.
14
3. Outdoor recreation areas shall be setback a minimum of 100 feet from residential
properties with adequate screening.
4. The building's meeting space seating capacity shall not exceed 500 persons,
G. Educational Services.
1. The structure containing the use shall be no less than 100 feet from residential
properties.
2. Outdoor recreation areas shall be setback a minimum of 100 feet from residential
properties with adequate screening.
3. The number of persons on -site at any given time shall not exceed 700, with the
exception of larger events occurring no more than four times per year.
H. Funeral Home
1. The site shall have access to an arterial or collector street of sufficient capacity to
accommodate the traffic that the use will generate. The site shall have a minimum
of two driveways or vehicle access points. Crematoriums are not allowed.
1, Medical Facilities.
1. Medical facility structure(s), primary vehicular access points, and landing pads for
helicopters involved in emergency transport or rescue operations shall not be located
within 1,500 feet of a residential property .
I Repair and Maintenance Shop. No outdoor storage is permitted. All business activities
(including repairs and maintenance) shall be conducted completely indoors.
K. (Reserved.)
L , Veterinary Services. All activities and services must be conducted within an enclosed building.
Crematoriums are not allowed,
M. Restaurant with Drive -Through.
1. All parts of the drive -through lanc(s) shall be no less than 200 feet from residential
properties.
N. Standard Restaurant and Restaurant with Drive -Through, MU -BP District. Must be
incorporated as part of a larger business center or lodging use.
O. Retail Trade, MU -BP District. Limited to uses clearly incidental and accessory to a pern-dtted
or conditionally permitted principal use of the land,
1. The compounding, dispensing or sale of drugs, prescription items, patient or
proprietary medicine, sick room supplies, prosthetic devices or items relating to any of
the permitted or conditionally permitted uses is only allowed when conducted in the
building occupied primarily by medical facilities or offices.
15
P. Garden Center
1. The storage or display of any materials or products shall meet all primary building
setback requirements of a structure, and shall be maintained in an orderly manner.
Screening along the boundaries of adjacent residential properties may be required,
meeting the standards of 154.554 (G).
2. All loading and vehicle parking associated with the business shall be provided off-
street.
3. The storage of any soil, fertilizer, landscape rock, mulch or other loose, unpackaged
materials shall be contained so as to prevent any negative effects on adjacent uses.
Q. Motor Vehicle ParlslSupply
1. The structure containing the parts supply shall be no less than 200 feet from residential
properties or land uses.
2. The storage or display of inoperable or unlicensed vehicles or other equipment shall
meet all setback requirements of a primary structure, and shall be totally screened from
view from adjacent public streets and adjacent residential properties.
3. No test driving of vehicles shall be permitted on local residential streets.
4-. The City does not allow the sales, exterior storage, or display of motor vehicles in the
mixed use zoning districts.
R. Motor Vehicle Washes,
1. The structure containing the vehicle wash shall be no less than 200 feet from
residential properties.
2. The city may require additional screening to limit sight and noise impacts of service or
wash bays,
3. The owner or operator shall submit equipment specifications to the City. The City may
require the owner or operator of the vehicle wash to implement noise reduction
I measures to minimize potential negative impacts to nearby residential properties.
4. The developer and owner shall make adequate provisions for vehicle circulation and
stacking on site. Stacking requirements shall be based on the specifications of the
vehicle wash and the amount of time required to wash each vehicle.
S. Motor Vehicle Fuel Stations,
1. Fuel pumps, canopies and structures shall be no less than 200 feet from residential
Uses.
2. The City may require additional screening to limit the impact of headlight's and noise
on adjacent property.
T. Parking Facility.
1. Within a Mixed Use Building.
a. Structured parking is allowed only as a ground floor use within a mixed -use
building, provided that it is located on side or rear facades, not facing the
primary abutting street.
b,The primary street -facing facade shall be designed for retail, office or
residential use.
iR
2. In General, as an Accessory Use.
a, The parking structure shall not exceed the height of the principal structure on
the parcel.
b.The parking structure meet the exterior building material requirements of the
district and shall be consistent with the architectural design of the principal
structure.
U. Sales and Storage Lots,
1. All inventory shall be stored and displayed inside of a building or within an approved
outdoor storage area that shall meet the standards required herein.
2. The outdoor storage of vehicles is prohibited.
V Outdoor Recreation Facility
1, The City may require performance standards or conditions to minimize the impact of
noise and lighting and to minimize the likelihood of the recreational activity spilling
over onto adjacent property or right-of-ways. The conditions may include, but are not
limited to: limiting hours of use, restricting the location of outdoor courts or rinks, and
requiring the installation of fencing and/or screening.
2. Sport courts or ice rinks shall not be located in the front yard or in a side yard adjacent
to a right-of-way of a residential property, and shall abide by structure setback
requirements.
W Indoor Recreation and Indoor Athletic Facility
1. Entrances for public access as well as other outdoor areas where patrons may
congregate shall be no less than 200 feet from residential districts.
2. Provisions for noise reduction shall be identified and implemented based on the type of
use,
X. Non -Production and Light Industrial, MU -BP District. Non -production industrial use shall be
allowed as a principal use, and may include wholesale and off premise sales, provided that:
1. The structure containing the use shall be no less than 200 feet from residential land
uses.
2. The use shall be served by a street of sufficient capacity to handle the traffic the use
will generate;
3. The use shall include a retail or office component equal to at least 25% of the floor
area of the use;
4. An appropriate transition area between the use and adjacent property may be required,
to include landscaping, screening and other site improvements consistent with the
character of the area;
5. The owner or operator shall submit equipment specifications to the city. The city may
require the owner or operator to implement vibration and noise reduction measures as
part of their business.
Y. Outdoor Dining Accessory to Food Services,
1. Tables shall not block a public sidewalk or other walkway needed for pedestrian
circulation. A minimum of 5 feet of sidewalk or walkway must remain open.
17
1 All outdoor dinner space shall beat least 200 feet from any residential property.
3. The outdoor dining area shall be, directly adjacent to the principal structure and shall be
clearly delineated by fencing and decorative landscaping.
4. Outdoor loudspeakers and lighting shall be designed to limit impacts on adjacent
property or rights -of -way.
Z. Medical Facilities,
1. Medical facility structure(s), primary vehicular access points, and landing pads for
helicopters involved in emergency transport and rescue operations shall be located at
least 1,500 feet from a residential property,
AA. Outdoor Storage YardlFacility
1. Outdoor storage of display of goods used in conjunction with and on the same site
as the permitted or conditional use:
a.The display area shall be directly adjacent to a structure or under a
permanent canopy.
b.The display area shall not exceed 2% of the area of the footprint of the
principal building or 400 square feet, whichever is less.
c. Goods in the display area shall be neatly organized and stored.
d.The display area shall not occupy parking/loading or landscaping areas, and
shall not interfere with fire and safety access to the building.
2. Outdoor storage of materials and inventory:
a. Outdoor storage shall not be permitted on parcels less than three acres in
size.
b.The area of storage shall not exceed an area equal to 10% of the gross area
of the lot or 20% of the footprint area of the principal structure, whichever
is less.
c. The area of storage shall not be located within the front yard or a side yard
adjacent to a right-of-way.
d.The outdoor storage of damaged or inoperable motor vehicles or equipment
is prohibited.
SECTION 2. Existing Articles XIV-XX are hereby renumbered as follows:
• Article XV: Commercial Districts
• Article XVI Public and Semi -Public Districts
• Article XVIT Open Space Planned Unit Developments
• Article XVIll: Planned Unit Development Regulations
• Article XIX Shorcland Management Overlay District
• Article XX Closed Landfill Restricted
• Article XXT: Design and Performance Standards — Restrictions on Nuisance and Hazardous
Activities
• Existing Article XVI: Reserved has been stricken.
Im
SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-222 was adopted on this I 91h day of February,
2019, by a vote of 5 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
4tiliolinson, d4itherk
This Ordinance 08-222 was published on the day of 2019.
IN