HomeMy WebLinkAbout08-12-2010 packetCity of Lake Elmo
City Council Workshop
3800 Laverne Avenue North
Lake Elmo, MN 55042
Thursday, August 12, 2010
6:30 p.m. 8:30 p.m. (?)
Revised Agenda
1. Comprehensive Plan Sewer Density Area Analysis
2. Budget Prep
3. Adjourn
**A social gathering may or may not be held at the Lake Elmo Inn following
the meeting. **
CIrY DF
LAE
EUV1O
AGENDA ITEM:
MAYOR & COUNCIL WORKSHOP
SUBMITTED BY:
THROUGR:
REVIEWED BY:
DATE:
WORKSHOP
ITEM#:
DISCUSSION
8/12/10
Sewered Area Population Projections and Density Analysis — Review of
2030 Comprehensive Plan Information
Kelli Matzek, City Planner
Bruce Mess1t, City Adrninistrato
Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED: The City Council is asked to review the housing,
employment and population projections, utilizing information from the Lake Elmo
Comprehensive Plan, the Memorandum of Understanding, the Village Area AUAR, TKDA, the
rural density analysis done by staff, and the Village Area Master Plan. The Council is further
requested to specifically discuss the analysis and resulting figures as they relate to the City's
future sewered development areas. City staff has analyzed the land areas available for
development, the housing and employment counts required, and the corresponding densities for
the two areas in the city guided for future sewered development — the Village Area and South of
lOj Street.
Your staff found a few discrepancies and conflicting data in utilizing various guiding documents
and therefore, some assumptions were made in the attached analysis. The attached charts and
maps contain a significant amount of information that will be more thoroughly discussed at the
Council workshop.
REVIEW OF COMP PLAN PROJECTIONS:
1-94 to 10t1i Street
One of the attached charts provides information on the acres available for both residential and
non-residential development for the future sewered areas South of 10th Street. This analysis
found that almost 50 acres of land guided for residential development is in a floodplain and is
unbuildable. However, staff also found that a parcel guided for Public Facilities may be more
aptly developed for sewered residential housing and would, therefore, accommodate the loss of
land to floodplains. Staff found the inclusion of this parcel and resulting calculation to be close
to that identified in the Comprehensive Plan.
-- page 1 --
City Council Meeting Future Sewered Density Analysis
August 12, 2010 Workshop Agenda Item # 1
The same chart analyzes the proposed future sewered non-residential development in the 1-94
corridor. Staff found the numbers to be lower than that identified in the Comprehensive Plan —
however, the number of sewered employees (the unit used in the land use chapter of the Comp
Plan) is inclusive of both the 1-94 corridor and the Village Area and is identified as "Total Sew.
Employees." The remaining employment required is identified on the chart for Village Area
Employment Analysis.
Your staff has concerns of the ability of the City to meet the employees per acre requirement as
outlined in the Memorandum of Understanding (MOU) and Lake Elmo Comprehensive Plan.
The density requirement for employment in the 1-94 corridor is 40 employees per acre for both
the area guided as Business Park and Limited Business. This high density may be difficult to
achieve under the rubric of a corporate campus (or other dense employment center) at the corner
of Manning and 1-94. As a real world example, staff is providing a map showing some examples
in the Lake Elmo Eagle Point Business Park development of the number of employees per acre.
In addition, staff found that the Imation Corporate Campus, located in Oakdale, has just over 22
employees per acre. This may help to visualize what 40 employees per acre may look like in the
future.
Village Area Residential
The residential analysis chart was a challenge, as the majority of the discrepancies in the guiding
documents (2006 Comprehensive Plan, Village Area Master Plan, Village Area AUAR, and a
letter dated 12-3-07 from the previous City Attorney) is in the interpretation of the number of
future residential housing units that are required in the Village Area. Staff will go through some
of the discrepancies during the meeting, but the focus of the discussion should not be on the
discrepancies, but instead how the City would like to move forward. Staff is recommending
focusing on a more specific range of housing units in moving forward with additional planning
endeavors, such as the writing of district requirements. Staff would recommend Council
consider focusing 011 moving forward with a proposed "working" range of 900 to 1,200 new
housing units to be added to the Village Area. As you see in the chart, if the 1-94 area develops
at an average density of 3.5 units per acre and all 194 existing homes in the Village Area hook up
to sewer, only 916 units per acre are needed to meet the required number of residential RECs.
However, if the Master Plan is utilized, the average of 3.0 units per acre could not be achieved
using that number. Staff will further discuss this information during the Council' s workshop.
Village Area Non -Residential
Your staff is also providing a separate chart showing information for the employment
requirements in the Village Area. As shown on the chart, the 53.6 RECs are additional
employment required in the Village Area, However, it is misleading to look at the land areas in
the Village Master Plan Designation guided for non-residential development, and then divide by
the remaining required employment, to get the number of employees per acre; because a good
portion of the area guided for inixed use in the Master Plan would be redevelopment of existing
businesses. To do so would result in the double counting of the land area. For example,
Gonnan's Restaurant is included in the existing Village Area REC count, but it is also identified
in the Master Plan as an area for mixed -use. This chart provides information, but includes less
- page 2 --
City Council Meeting Future Seweied Density Analysis
August 12, 2010 Workshop Agenda Item # 1
analysis, as it is not currently understood which businesses may be replaced with what REC
count.
FUTURE SEWERED AREA ANALYSIS: Your staff is also providing an overview chart that
identifies the numbers found through the analysis on the previous charts, along with the
requirernents outlined in a chart in the MOU. Based on the information assembled, the City will
need to add 3,590 homes South of 10th Street, connect the 194 existing homes in the Village
Area, and add at least 916 new homes in the Village Area to meet the residential RECs required
by the MOU. Staff found that 12,419 people will need to be added to the future sewered areas to
meet the 24,000 population identified for 2030 (based on a 2.75 people per household average).
As mentioned earlier, the employment count will need to be revisited, as staff opines that the city
will likely be unable to reach the 40 employees per acre south of 10t11 Street,
The total amount of available land that is devoted to sewered residential development is 1,426
acres. In that calculation, staff removed the land in floodplain, as it is unable to be developed,
but was unable to fully analyze this area as to other undevelopable characteristics, such as steep
slopes. Staff is also unaware of any recent or potential future lands placed or intended to be
placed in conservation easements, which are also currently guided for future sewered
development.
ADDITIONAL INFORMATION: Given the complex nature of this information, your staff is
planning to take time with the City Council to review and discuss the attached report and charts
at the Council workshop.
RECOMMENDATION: The City Council is not being asked to take any specific action at this
time. Rather, your staff is seeking feedback concerning the methodology used to achieve the
information provided.
ATTACHMENTS:
1 1-94 Area Analysis Chart
2. Village Area Residential Analysis Chart
3. Village Area Employment Analysis Chart
4. Overview Chart
5. Village Area Housing — Conflicting Information Summary Chart
6. Memorandum of Understanding (MOU)
7. Excerpts from 2006 Lake Elmo Comprehensive Plan
8. Future Land Use Map
9. Existing Eagle Point Business Park Map (Employees per Acre)
-- page 3 --
City Council Meeting Future Sewered Density Analysis
August 12, 2010 Workshop Agenda Item # 1
10. Comprehensive Plan Village Area Future Land Use Map
11. Excerpts from Village Area Master Plan
12. Excerpts from Lake Elmo Village Area AUAR
13. Ltr. Attorney Filia 12-3-07
14. Village Area ‚/2 & 3/4 Mile Radius Map
SUGGESTED ORDER OF BUSINESS;
Introduction of Item
Report/Presentation
- Questions from Council to Staff
City Administrator
Kelli Matzek, Planner
Mayor Facilitates
Public Input, if AppropriateMayor Facilitates
Council Discussion .........................................................Mayor & City Council
Council Action/Director Mayor Facilitates
-- page 4--
1-94 Area Analysis - Future Sewered Residential and Non -Residential
Land Analysis - Residential
Residential Buildable Area Calculation
Total Land Area Guided for SRD3.5'
(as guided in the Land Use Map) Floodplains
Partially guided properties
Potentially buildable area guided for SRD3.5
Land Analysis - Residential
Future Sewered Residential (S of 10th)
Existing R-3 (Cimarron)
Comprehensive Plan Requirements
Land Guided SRD3.5 (pq III-7)
Households - Other Sewered (pg 111-17)
(Cimarron Is a separate line item in the chart and /s not included in th1s number.)
-Includes 14 acre parcel guided PF unintentionally
2Inctudng floodplain and PF guided properties
Acreages calculated by staff, denslties from Camp Plan used
Land Analysis - Non -Residential
Future LB (Future sewer - 40 Employees/Acre)
Future BP (Future sewer - 40 Employees/Acre)
ISUMMARY
Acreages calculated by staff, densities from Comp Plan used
LB Future Sewer
1BP - Sewered (pg 111-7)
Existing BP (sewered)
SUMMARY
Acreages and densities used from Comp P/an
Total Sewered Employees (pg 111-17)
New Sewered Employees (MOU)
(The sewerod employee counts calculated here do not include Village Area Employees, therefore the numbers do not ma
Acres
1,110,82
49.1
35.87
1,025.85
Acres
1,025.85
228.832
Acres
1,069
Acres
16,1
241
257.1
Density Capacity
3.5 3,590
500
Density Capacity
3.5 3741.50
3,600
Density Capacity
40 empl.
40 empl 64V
16 40emp1
241 40 empl.
121
378
3As identified In the Comp Pan
Acreages and densities calculated in Comp Plan
SRD3.5 - Sewered Residential Development 3.5 unit Den
LB - Limited Business
BP - Business Park
y
• The residential and non-residentil analysis for the 1-94 area
was done utillzing information from the 2006 Comprehensive
Plan, the Village Area AUAR and the Village Area Master
Plan. Some conflicting data was found among the sources
and assumptions were made by staff in the creation of this
document.
Difference
151
10
Difference
ch calculations above.)
-4
1
AUARInformatjon on Village Area Land Uses
Acres
Existing Old Village City Fabric
Open Water
Existing R-O-W
Potential Future Redevelopment
(Existing Dev. Parcels) 44.5
New Mixed Use Dev. 1 73
New Civic/Institutional 16.5
New Residential Dev. - 308.6
Buffer Zone, New & Existing
Parks, Horse Farm, Existing Old
Village City Fabric (Open Space) 532.2
Lot iype
Large & Medium
Large
Medium
Townhouse
Twinhome
Apt/Condo
Housing over Retail
Small SF
SUMMARY
154.2
62
84
1274,5
Village Area Residential Analysis
Village Master Plan
ViUage Area Master Plan Designation
Acres Density Units Range ( Iable - pg2/)
335-558
223,4 1.5 - 2.5 (avg. 446.5) 411 - 625 (avg. 518)
5.3 1.5 8 1 10 - 15 (avg. 12.5)
7.2 2.5 18 12 - 15 (avg, 13.5)
34.7 8 278 258 - 342 (avg. 300)
21.2 5 106 - 45 - 60 (avg. 52.5)
50.5 [5.5] 280
43.6 [0.6 - 0.9] 25 - 40 (avg. 32.5)
14.5 4 58 77 - 100 (avg. 88.5)
400.4 3.1
1227
(new talcs)
1298
400.4 acres is roughly the equivalent of the 308.6 acres of New Residential Development, 44 acres of
Potential Future Redevelopment and jst over half of the 73 acres of New Mixed Use Devlopment
r
The residential analysis for the Village Area was done utilizing information from the 2006 Comprehensfve Plan, the
Village Area A UAR, the Village Area Master plan, and a letter written by former C/ty Attorney Jerome Filia dated
December 3, 2007. Some conflicfing data was found among the sources and assumptions were made by staff in
the creation of this document.
Master Plan - Scenario:
Lot Type Acres
Large & Medium 223.4
Large 5.3
'Medium 7.2
Townhouse
Twinhome
'Apt/Condo
-Housing over Retail
Small SF
SUMMARY
34.7
21.2
50.5
43.6
14.5
400.4
(Assumed uniform reduction in housing type)
Master Plan - Scenaria:
Lot 1 ype Acres 1
Large & Medium
Large
Medium
Townhouse
Twinhome
Apt/Condo
Housing over Retail
Small SF
223.4
5.3
7.2
34.7
21.2
50.5
43.6
14.5
600 Units
Density
0.98
0.8
1.3
3.9
2.5
2.7
0,4
1.9
Units
218
4
9
136
52
137
16
28
.VR/HD
VR/LD
VR MU/MD
SUMMARY
1WVRD
1.5 600 ;ZVR/LD
VR MU/MD
1000 Units
Density
1.6
1.3
2.1
6.5
4.1
4.5
0.6
3.2
SUMMARY 400.4 2.5
(Assumed unlform reduction in housing type)
Master Plan - Scenario:
of Type
arge & Medium
Large
Medium
Townhouse
Twinhome
Apt/Condo
Housing over Retail
Small SF
Acres
223.4
5.3
7.2
34.7
21.2
50.5
43.6
14.5
Units
364
7
15
227
86
228
26
47
Comprehensive Pan Scenario
Comprehensive Plan - 906 Units (ALJAR Analysis)
Acres 1 Density
1 7 1 14.6
77 4.4
45 10.3
Units
102
339
465
129 7.0. 906
Comprehensive Plan Text (pg III-4t05)
SUMMARY
'Comprehensive Plan calls for up to 100 units)
Acres
129
Density Units
101*
231 -339
225-270
4.3 - 5.5 557 - 710
Cornprehensive Plan Attorney Analys is (see bottom lef)
VR/HD
VR/LD
'VR MU/MD
VR PIS
VR G/B
1000 3SUMMARY
1600 Units
Density i Units
2.6 583
1.9 10
3.2 23 JVR/HD - Village Residential High Density
10.5 363 )IVRJLD - Village Residential Low Density
6.5 138 ZVR MU/MD - Village Residential Mixed Use/Medium Density
7.2 j 365 tVR P/S - Village Residential Public and Semi-public
1.0 42 VR GI - Village Residential Green Belt
5.2 i 76
Acres Density IUriits
7 14.5 101.5
77 045 34.65
86 5-6 430-516
43 0.45 19.5
717 0.45 322.65
930
5.3 - 5.9
909 - 995
(**Average density was calculated using transfer of density as identified in the Comprehensive
',Flan text and therefore the entire land area was not used.)
SUMMARY 400.4 j 4.0 1600
(Assumed urilform increase in housing type)
Village Area Employment Analysis
Comprehensive Plan Requirements
MOOReqmiree
Total
New
1-94Analysis
Total (Staff Projected)
New (Staff Projected)
Village Area
Existing
RECiw
1.4ODEmployment RECn
1'3OOEmployment RECa
Capacity
14.000Emp|oyeos
13,000Ennp|uyean
11,280Employea
10,284Employees
2,180Employeea
Remaining |
Total New Required 13,000
�Total New Projected -|'S4 10,284
Total Existing (New Connection) \nVillage 2,180
Remaining Required 58.0RECn 538Emp|nyeeo
"This number was calculated bfTKDAv�ng�eM�CounvUm�ndo�o(how���cu|��RB�o�p|unningo�ffvnn,ened�emp|vyws
.. .� .. . . .
' -Resi� antim| Deve'lo'llpmeni imVillage Area
— �
� RECs Density
Village Master Plan
' Designation '
_
Land Guided for Civic
Land Guided for Mixed Use Development (partial)
Acres
17
25,2
Capacity
536Emp|nyeea
Capacity
__42.2 538Emp|oyeee
_ � |
***Note: The 53.0RECoare additional employment required in the Village Area. It iymisleading tnlook shthe land areas in the Village Master
Plan Designation guided for non-residential development and divide by the remaining required employment to get the number ofemployees
per acre because a good portion of the area guided for mixed use |nthe Master Plan would beredevelopment cfexisting businesses, To do
onwould result |nthe double counting ofthe land area. For example, 8ormmn'oRestaurant ioincluded inthe existing Village Area. RECcount,
but itisalso identified inthe Master Plan aoanarea for mimsd-uae.
| ��
The employment for the Village Area was done utilizing information from the 2006 Comprehensive Plan, the Village Area AUAR and the Vlliaq7*
Area Master Plan. Some confficting data was found among the sources and assumptions were made by staff i,the creation ofthis document,
1-94
Residential RECs 3,590
Total Population 9,900
Employment 10,284
(employees) (employees)
Employment RECs 1,028.4
Assumptfons:
1. 14 Acre Property guided PF incorrectly, should be guided SRD3.5
2. Al! 194 Existing Housing RECs hook up to sewer
3. Can switch between using calculation 10 employees = 1 new REC and existing calculated RECs in
Village Area
4. 1000 employees in Eagle Point Business Park not accurate, but is the number used in the Comp
Plan and MOU; currently not fully developed
5. Using the requirement of 14000 total Sewered Employees, but Comp Plan calls for 13,000 total
Sewered Employees -
6. Used 2.75 people per household for each category
7. Used 1,442 household in the rura! area (Moderate Analysis assumed 20 acre parcels would develop
at 0.45 du/acre)
8. 3,527 households were used in the rural unsewered areas
9. The number of Village Area New employees (and RECs) may replace some existing businesses
through redevelopment. The resulting number of employees or RECs should be higher to
accommodate the removal of those RECs and to work towards the additional employment required.
Overview
Existing
Existing Village Area 203 Urisewered Sewered Calculated Totals Required
Cimarron Village Area New Households Employment Total by MOU
500 194 916
5,200 RECs
1,375 534 2,519 9,700 24,028 24,000popuiation
2,180
536
employees)
, 1IL
36
1000
(employees)
100
Village Area Housing � Conflicting Information Summary
New RECo !
80OUStoternent Required
n.-and/ornew Old Village housing (up tn5OORECm)." 500
"Up ho1.000REGsmay boused inthe Old Village Area
ofLake Bmn.^ 808 1000-194(exinUng)
^ Aheaveragedensih/ofthee[nnymeniinned0dVlUage
units shall beatleast 3units per enna." 1'200 ifusing Master Plan; assuming avgofjust new units
"..the average density of the aforementioned Old Village
units shall beaileast 3units per eore." 387 ifusing existing Comp Plan; assume avg. ofjust new units
Comprehensive Plan Statement
pgIII -17chart (Old Village -aenvered) 906
MEMORANDUM OF UNDERSTANDING
Lake Elmo / Metropolitan Council
Outline of criteria to be considered in preparation of City Comprehensive Plan
The following criteria were developed as the result of discussions among representatives of the City
of Lake Elmo ("City") and the Metropolitan Council ("Council"). These criteria are intended to
provide guidance to the City and to the Met Council as Lake Bimo modifies its local comprehensive
plan to ensure confonnity with metropolitan system plans as required by state law,
1. The City of Lake Elmo will commit to 6,500 new Residential Equivalent Units ("RECs") of
Regiont1 Sewer service by the year 2030. The City will commit to a city-wide population of
24,000 by the year 2030. Performance measures for this agreement will be total population and
total utilized RECs in Lake Elmo.
Note: The term "REC" shall be defined in Lake Elmo as one residential connection and/or the
equivalent of 10 employees for new business operations.
2. The City will implement the population, employment, and RECs in the following manner,
Year 2000 2010 2020 2039
Population 6,863 TBD TBD 24,000
Residential RECs 0 TBD TBD 5,200
Employment RECs 100 TBD TBD 1,400
Total RECs 100 TBD TBD 6,600
3, The City will determine the types of housing and businesses to be developed and will meet or
exceed an average residential density of 3 units per acre or a non-residential density of 40
employees per acre in urban (sewered) areas in the area south of 10th Street,
4. The City will plan for 1,300 new RECs (20% of 6,500) to be used for sewered employment.
5. The City will plan for Regional Sewer service to be provided in the southwest corner of Lake
Elmo via the WONE Interceptor, and at Lake Elmo Avenue via the Cottage Grove Interceptor.
Sewer capacity will be provided to meet the needs as specified in paragraph 2. It is anticipated
at this time that design flows for the Regional Sewer service provided to the City will be made
available as follows:
To WONE interceptor Metro Plant
(estimated construction completion: Dec. 2006)
RECs MGD
1,825 0.50
To Cottage Grove Interceptor - Eagles Point Plant
Phase 1 (estimated construction completion: Dec. 2007) 1,825 0.50
Phase 11 (estimated construction completion: Dec. 2010) 4,675 1.28
Total
8,325 2.28
Page 1 qf 2 Pages
6. The City of Lake E]n-io will achieve a city-wide population of 24,000 by 2030. All population
will be counted. Lake Elmo will use 6,600 RECs by 2030. All RECs used will be counted.
7. Should the City determine to extend Regional Sewer service to the existing Cimarron
manufactured housing neighborhood (500 RECs), existing Old Village housing (up to 500
RECs), and/or new Old Village housing (up to 500 RECs), all utilized RECs shall be counted
toward the expected community totals. Up to 1,000 RECs may be used in the Old Village area
of Lake Elmo, It is understood that the average density of the aforementioned Old Village units
shall be at least 3 units per acre.
8. The City will complete its required plan modifications by April 15, 2005 and submit its plan to
adjacent communities for review by that time. This will allow time for the City to complete its
local planning and review processes and submit its required plan modifications to the Council
on for before June 15, 2005 and prior to the expiration of the nine -month plan modification
period specified in state law.
9. The City's comprehensive plan shall be flexible enough to allow for possible Iiinited post 2030
development, redevelopment, or environmental niitigationutilizing any Regional Sewer
capacity (see paragraph 5) that may remain post 2030.
10, The signatories will present and recomxnend these guidelines to their respective governing
bodies for consideration with the understanding that: (a) the adoption of a modified
comprehensive plan ultimately is the responsibility of the full Lake Elmo City Council; and (b)
the full governing body of the Metropolitan Council ultimately is responsible for reviewing the
plan submitted by the City and determining whether the modified comprehensive plan conforms
with metropolitan system plans.
half of Ci ofLakp o.
Dean A. Johnston, Mayor Ier J3 ell, Ch
Date;
:-/- a7
1/27/2005 3:02 PM
Page 2 of 2 Pages
Lake Elrno Comprehensive Pipir, Chapter 1/1 — Land Use Plan
Existing Land Uses Lind Use Descriptions Ara :(Acres)
E3F Business Park 121
0 Comm6rciI 114
LB Limited Business 243
PF Public/Semi-Public Facilities 3450
RAD Rural Agricultural Density 7020
RED Residential Estates Density 760
ROW Right -of -Way 509
SRD Single-family Residential Density 1709
URD Urban ResidentialDensity 169
WAT Water 1155
TQTAL 15250
Total Are iilA:aT South of iOth
Future Land Uses (Acres) (Acres) (Acres)
362 862
C 56 54 1
LBFuture sewer 16 16
LBNonsewer 45
NC 'I65 '116
PF 3381 23 122
RAD 5029 74
RAD2 '142
RED 61 153
ROW 545 45 161
SRD3.5 1069 1069
URD 169 169
WAT 1155 25
VR±ID 7 7
VFI-LD 77 77
VRMU/MD 8G 86
VR-P/S 43 43
VRGB 71.7 717
TOTAL
15,250 '1,160 2,152
riIauonship tc TheRe:gional DeveIopmentFiamework
During the development, review and local adoption of thisLand Use Plan the City
Staff, Planning Commission, and City Council =reflected repeatedly on the
relationship of the Plan to the 2030 Regional DevelopmentFrameworkand the
Metropolitan Council Draft 2030 Water Resources Management Plan, The details
and amplifications of the 2005 Memorandum of Understanding (hereafter, "2005
MOU'1) have been incorporated in the Land Use Plan to the extent that such
cletails and amplification modify or expand the Framework and/or Draft Water
Resources Plan, MOU lakes precedence where there is conflict with the
Framework or Water Resources Plan.
111 7
Lake E/rna Comprehensive Plan Chapter 111 — Land Use Plan
1. The 2030 population ancl ernployirieni. forecasts contained in Appendix.A of the
Metropolitan Council 2030 Development Framework as adjusted in regard 10
forecastecIpersons-pi-thve1Iing unit and the2005 MCJU.
2 The Regional wastewater 11ow targets for LakeElrno from the Metropolitan
Council Draft 2030 Water ResourcsMange:men1 Plan.
3. Paragraphs #2 and #5of the City ofLtke Elmo/Metropolitan Counci12005MOU.
4. The City of Lake -Elmo Community.Facilities and .Staffing Repori — 2002
With :l'eipect to Regionally sewered growth, Pararaph#5 of the 2005 MOU details the
planned Regional Wastewatei'ca:pacities :availabteto Lake Elmo as follows:
To WOKE interceptor Metro Plant
(estimated construction completion: Dec, 2006)
REC MGD
1825 0.50
To Cotage Grove -Interceptor - Eagles Point Plant
Phase 1 (estirnatodconstrucUon cornplotion: Dec.. 2007) 1,825
Phase 11 irnatdoonstru1ion completion: 0c. 2010) 4675
Total
0.50
1.28
18325 2.28
As required by theMetropolitan Cotiiiei1 "Loc11 Plannhi 1-landbo�k," the Lake Elmo
Development Staging Plan., in 5 year increments, shall be as follows:
2000 2005 2010 201:5 2020 2025 2030
Total HoushoIds 2347 2750 3619 5114 6324 7524 8727
F-IousehoIds
Old Village — Sewerd 0 0 515 600 f00 goo 1100
Cimarron—Sewered 0 0 0 � 500 500 500
OtherSewered 0 0 0 10501900 2750 3600
Total Population a 7700 9952 14064 18402 21895 24000
Total Sew. Employeos 100Q 100b 1000 :3800 5950 8800 13000
Total EmpIoymt f636 1'943 2250 5U50 7200 10050 14000
The foregoing projections of sewered and unsewerecl dwelling uiiits,:popiilatioi ancl
employment dial] be reviewed by ihe City at 5 year increments utilizing the data of the
USCensus Bureau foi'even yearincreinents and the official.estimates of the
Metropolitan Council forocld year increments -whcn such clata becomes availabietothe
Piiblic. If itis cleteirnined that the actual production of dwelling units, population aiid
ernploynlent within the City is 1101 equal to or greater than the foiegoing projections, the
City, with iliecooperalion and concurrence of the Metropolitan Council, will
development measures 10 overcome any shortfalls during the ensuing 5 year period.
The City will adopt legal provisions 10 maintain this:Staging Plan that may inclucle a
limitation on annual niunber of lots approved foi' platting, number of builcling permits
issued, geographic exieiit of aflowab!edeve!oprnenl, 01' soinecoinbinatjoti of these 0'
other suitable provisions. Such staging provisions shall pt'ovicle for acceleration of the
- 17
Lake E!rno Comprehensive Plan
Chapter VI — Wastewater Fac/Iities
Requtrmrith or Area Served by the RegftnmF System
1. Cornruriity Forcat of Houehoids and EmpIoymrit for
Srvod by Rjioni 5wet Service (SAC Unit
N — . E Cott Gr Cottage Grove
Old Villge 8 o10th
2005 0 0
2006 0 125
2007 0 250
2000 0 320
2009 0 390
2010 0 460
2011 0 530
2012 280 600
2013 560 600
2014 840 :600
2015 1120 600
201:6 1120 600
2017 1120 600
2018 1120 600
2019 t120 600
2020 1120 600
2021 1120 600
2022 1120 600
2020 1120 600
2024 1120 600
2025 1120 600
200 1120 600
0
0
0
0
0
0
0
0
0
'0
0
100
270
440
610
780
950
1120
1290
1460
1630
2480
Total
0 100 0 100
125 152 0 152
250 204 0 204
320 256 0 256
390 308 0 808
460 360 0 360
530 384 0 384
860 408 0 408
1160 432 0 432
1440 456 0 456
1720 480 0 480
1820 480 64 544
1990 480 128 608
2160 480 192 672
2330 480 256 736
2500 480 320 800
2670 480 384 864
2840 480 448 928
3010 480 512 992
3180 480 576 1056
3350 480 640 1120
,4200 480 920 10
Sanitary Sewer PIn Map
The. Sta2in:Plan Map shows sewer service staging in 5year iidements :and
future land use.
t$fltYfl.rSTJ. 'YV,.tLK4.tN
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iMERSTATE 84?!!! 148!8AT! 94 !880&8M! 84 0448
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FUTURE L.AND USE
LaIe EIn'io Cornprehensive Plan 2005 2030
Ljrn0tol0on of LIbIlity
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Enij Ioyees Per Acre
Approximate Employee per Acre CIcuIton
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z
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PRELIMINARY VILLAGE AREA
FUTURE LAND USE
Lake Elrno Cornprehensive Plan 2005 2030
LlflhItMl�n of LlabRlty
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Land Use
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Parcel
Plan
an
Based on the Illustrative Master Plan, the Parcel Plan shown below offers two levels of additional information;
First, it shows the relationship between proposed development area and preserved or enhanced greenspace
(including new and existing parks, trails and greenbelt buffer) And second, it describes the recommended
land Lise and/or housing type for each area (or parcel) within the Plan. It is important to note that the Parcel
Plan can be considered the precursor to the future Village Area Zoning Map, Parcels on this plan depict
relative size, approximate location and general land use category — all important information to be included
in more detailed mapp|ng, revised City code and nagu|adonn, development guidelines and other planning
tools needed kofurther define and monitor Master Plan implementation,
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Parcel UnitType
Large SF& Medium SF
|vV|Olonle
Large SF & Medium SF
Large SF&Medium SF
Apt/Condo
Apt/Condo
Housing over Retail
Tw/nhorOe
Townhouse
Total (given a58range)
'
25-40
30`4O
42'56
l8'24
45-bO
30'48
32-4O
-
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&
N Nn°t Tabulation
The unit tabulation chart isintended toshow ageneral
range for expected unit count represented bythe
Village Area Master Plan and nnthe Parcel Plan from
the previous page, Udoes not specifically define the
exact number ofunits per development parcel, nor
does iiseek todefine the specific type ormix ofunits
for each paroe|.
Adetailed unit count/distribution plan will bnprepared
appart Vfongoing discussion that includes project
infrastructure costs, financing options, schedule
and other factors that ultimately will determine final
recommendations. Again, |t|uimportant tonote that
from the outset, the Village Area Planning Process
did not begin with apreconceived notion related ho
overall unit count, except tomeet the terms ofthe
Metropolitan Council agreement and toprovide o
comprehensive look atviable options.
The Guiding Principles and the basic framework ofUha
Master Plan have ostrong influence onthe type and
location ofhousing, And, it is increasingly evident that
the Village Area can accommodate reasonable growth
and dovo|opmenim/|thouL losing its rural character,
Ultimately the strength ofthe Master Plan relies on
abuilt-in flexibility toaccopt anumber o[different
future scenarios eepossibilities — all leading tosimilar
outcomes that emphasize p|ooe'making. health and
livability, fiscal responsibility and permanence.
Note:
This chart lists potential Apartment/Condominium
housing (ind|catedinparenthoxiu) but does
not include these units |nthe total, Additional
uiudy, including the AUAR.will provide ebeUer
understanding nfsite capacity and market demand for
this Unit type.
"- /
VJI�An__
77
Lake Eimo Village Area Final AUAR May 5, 2009
Page 4
the potential development opportunities associated with each land use category included in the
composite land use map.
Table 6-1
Village Master Pan Composite Land Use Map —Potential Development Opportunities
Land Use Category Acres Potential Development Opportunities
Potential Future Redevelopment 44.5 Apartments/Condos, Neighborhood Retail, Housing
(Existing Developed Parcels) Over Retail, Office
New Mixed Use Development
New CiviciTnstitution1
Development
New Residential Development
Existing Old Village City Fabric
(Built Area)
Buffer Zone/Open Space,
New Parks/Open Space,
Existing Parks/Open Space,
Horse Farrn, and Existing Old
Village City Fabric (Open Space)
Open Water
Right of Wav (existing)
72.5 Apartments/Condos, Townhomes, and Small Lot Single
Family. Commercial and Office Node (along TH 5 near
39th St.)
16.5 City Hall, Community Campus (family service center,
library, wellness center, art center), New schools
308.6 Variety of single family detached lot sizes, Townhonies
154.2 Represents the portions of the Village that are not
identified for future redevelopment
532.2 Active and passive recreational opportunities
62,0 Active and nassive recreational opportunities
84.0 Road maintenance and improvement projects
The only difference between the three scenarios based on the .Village Master Plan is in the
nurnber of residential housing units (Scenarios A — 600 residential units, 8 — 1,000 residential
units, and C — 1,600 residential units). All other development assumptions are the same between
the scenarios (e.g., parks, open space, commercial, office, and institutional uses). A development
scenario description is included in Table 6-2 and displayed on Figure 6-1.
0
0
0
0
0
0
0
0
0
0
Lake Elmo Village Area Final AUAR May 5, 2009 Page
Table 6-2
Village Master Plan Development Scenarios Description (Scenarios A, B, and C)
Composite Land Use Ilan Scenario A Scenario 13 Scenario C Source:
Parks and Open Space
(current and future)
47% 47% 47% Village Master Plan
prepared by Engstrom and
Close Landscape
Architects
Existing Village Built Area 14% 14% 14% Village Master Plan
New 7% 7% 7% Village Master Plan
Commercialtinstitutional
• New Commercial 300,000 ft2 300,000 ft2 300,000 ft2 Close Landscape
Architects
• New Office 150,000 ft2 150000 ft2 150,000 ft2 Close Landscape
Architects
• New lnstitutional 200,000 ft2 200,000 ft2 200,000 ft2 Close Landscape
Architects
New residential 32% 32% 32% Village Master Plan
(A)Comp plan
• New Housing 600 units (B) 1,000 units (B) 1,600 units (B)
(B) Village Master Plan
COMJ'REHENSWE PLAN — AUAK SCENARIO 0
This futureland use plan has been effectively replaced by the vision presented in the Village Master Plan
for future development of the Village regardless of how many new housing units are part of the future
development Nevertheless, under the EQ)3's AUARregu)ations, the city's comprehensive plan is
required scenario to be studied. The city attorney has deterrnined the number of new housing units
required in the comprehensive plan for the Village is 906 new units due to the nurnber of actual existing
housing units (Appendix D). This number is required to be used in evaluating the comprehensive plan
impacts. However, the implementation of any new development scenario based on the Village Master
Plan will require amending the comprehensive plan.
The ity's adopted future land use plan is shown in Figure 6-2. This plan provides for low density
housing located east of Reid Park between 30th Street and the railroad tracks, a high density residential
area located at the former lumberyard site, medium density and mixed use centered along Stillwater Blvd
(TH 5), public space east of the new residential areas, and a green belt surrounding the existing and
proposed built portions of the village. Table 6-3 includes a more detailed description of Scenario D.
Lake Elmo Village Area Final AUAR My 5, 2009 Page
4
Table 6-3
Comprehensive Plan Scenario Description (Scenario D)
Village Future Land Use Designation Acres Housing Units Commercial/Office (ft2) Institutional (ft)
Village Residential High Density (VRJHD) 7 102
Village Residential Low Density (VRLLD) 77 339
Village Residential Mixed Use/Medium Density (VR MU/MD) 45 465 450,000
Village Residential Mixed Use/Medium Density (VR MU/MD) 41
Village Residential Public/Semi Public (VR PIS) 43 - 200,000
Village Residential Green Belt (VR. GB) 717 -
Open Water 62
Right ofWay 84
No designation (existing Village Areal 199
Total 1.275 906 450,000 200,000
Refers to the"white" ooe2z 071 the Village Area Future Lend Use Mop
DEVELOPMENT SCENARIO COMPARISON
A comparison of the four development scenarios is provided in Table 64. The table provides a summary
of the residential units, square feet of non-residential uses, and the percent of the Village that would
accommodate the proposed uses.
Table 6-4
AUAR Development Scenario Comparson
Land Use Type Scenario A Scenario B Scenario C Sceanrio D
Parks and Open Space 47% 47% 47% 64%
New Residential 32% 32% 32% 1 1%
• New Housing 600 units 1,000 units 1,600 units 906 units
New Commercial/lnstitutiorial 7% 7% 7% 7%
• New Commercial 300,000 ft2 300,000 ft2 300,000 & 300,000 ft2
• New Office 150,000 ft150,000 ft2 150,000 f12 150,000 ft2
• New Institutional 200,000 ft2 200,000 ft2 200,000 ft2 200,ODO &
Existing Village Built Area 14% 14% 14% 1 B%
4
4
4
4
4
it
4
1
4
4
4
1
4
4
0
4
4
4
4
1
4
0
4
4
0
4
4
0
4
0
4
4
0
1
1
1
Peterson
,,r P, Filia
i1 Witt Fram
enn ABergman
3hn Michael Miller
Michael T. �berle
1 Steven H. Bruns•
Paul W. Fahning•
Sonja R Ortiz
Amy K. L, Schmidt
Ben I. Rust
Jared M. Goerlitz
December 3, 2007
Mayor Dean Johnston and
Lake Elmo City Counc1mernbers
City of Lake Elmo
3800 Laverne Ave, North
Lake Elmo, MN 55042
Re: Sewered Housing Units
Old Village Area
Suite BOO
55 East Fltth Street
St. Paul, MN 55I0-171E
(6511 291-8955
(5I) 228-1753 facsimile
wwwpfb-pa.com
(651)290-6907
jfll atfb-pacom
Dear Mayor Johnston and Members of the City Council:
In 20047 the Minnesota Supreme Court determined that the Metropolitan Council
had the statutory authority to require the City to modify its proposed Comprehensive
Plan in the manner provided by Metropolitan Council Resolution No. 2003-10. This
particular Metropolitan Council Resolution effectively incorporated a list of nine (9)
required modifications, including a requirement that there would be development to
accommodate 7,850 Residential Equivalent Units (REC's) of regional sewer
capacity, Ali City Councilmembers opposed this )eve} of development and asked the
Metropolitan Council if it would be willing to negotiate some other solution. The
negotiation resulted -in the Memorandum of Understanding.
The Memorandum of Understanding was intended to provide guidance to the City as
it began the task of revising the Comprehensive Plan draft that had been rejected by
the Metropolitan Council. The Memorandum of Understanding mandates that the
City achieve certain development goals by 2030 (Population-24,000; residential
RECs- 5,200; and employment RECs-1,400), but it permits the City to use its
discretion in determining how to achieve the 2030 development goals. The specific
manner in which the City chose to exercise its discretion is reflected in the
Comprehensive Plan that was approved by the City and by the Metropolitan Council,
and in the official control which the City has and will adopt to implement the
policies of tie Comprehensive Plan.
In regard to the 0ld Village (both existing and new), the Comprehensive Plan
identifies the number of sewered housing units in two (2) ways. First, it specifically
states that there will be 1100 sewered housing units in the Old Village by 2030
(Comprehensive Plan 111-17). The City Engineer advises me there are 194 current
ALSOADM!VTE IN wtsCor,N
December 3, 2007
Page 2
housing units in the 01d Village. By subtracting current housing units from the
projected housing units, the result is 906 new housing units.
Secondly, the Comprehensive Pan indirectly estimates the possible number of new
housing units by adopting zoning categories for the 01d Village (Comprehensive Plan
111-3 through 111-5); by specifying permissible densities within zoning categories for
the 01d Village (Comprehensive Flan 111-3 through 111-5); and by identifying the
number of acres available for development within various zoning categories
(Comprehensive Pan 111-7).
Zone Units/Acre Acres Max. Units
1, VR/HD 14.5 7 101.5
2. VR/LD 0.45 77 34.65
3. VR MU/MD 5-6 86 430-516
4. VR PIS 045 43 19.5
5. VR/GB 0.45 717 322.65
The above calculations indicate that there could be 909-995 new housing units to
the Village area in addition to the existing 194.
If you have any questions please contact me.
JPF/jmt
Very truly yours,
/5/
Jerome P. FiIta
Ltr 3.doc
Village Area
3/4 Mile Radius
CITY OF
LAKE
ELMO
AGENDA ITEM:
MAYOR & COUNCI
SUBMITTED BY:
THROUGH:
REVIEWED BY:
/
RKSHOP
DATE:
WORKSHOP
ITEM#:
DISCUSSION
Home Occupations Ordinance No. 08-027
Lake Elmo Planning Commission
Danielle Bailey, Planning Intern
Kelli Matzek, City Planner
Bruce Messelt, City Administrato
Kyle Klatt, Planning Director
8/12/10
2
SUMMARY AND ACTION REQUESTED: The City Council is asked to review and provide
Staff with feedback on a revised draft of Lake Elrno's Horne Occupation regulations. This issue
has been under review since 2004 with significant discussion (see Horne Occupation Timeline)
and was tabled by the City Council on July 18, 2006. It was revisited by the City Council on July
6, 2010. At that meeting, the City Council tabled discussion so. that all members could be present
to discuss the Planning Commission's recommendation.
BACKGROUND INFORMATION: Staff is providing the Council with a Timeline of the
Home Occupation Ordinance, 2006 proposed Home Occupation regulations from Council
Members Smith and DeLapp, Ordinance No. 08-027, and Resolution No. 2010-024 (necessary
for surnmary publication).
If it is desirous by the Council to further discuss this ordinance given its complexity and history,
the City Council may schedule additional time for future discussion and consideration.
The main discrepancies between the Planning Commission's recommended Ordinance and the
2006 regulations proposed by Council Members Smith and DeLapp fall upon 9 principle items:
-- page 1 --
City Council Meeting Horne Occupation Ordinance
8-12-10 Workshop Agenda Item # 2
Item Planning Commission 2006 City Council Directions
Recommendations
Classifications 2 Classifications: Home offices and 1 Classification
Home Based Businesses
Business Vehicles 3 (to include employees) allowed on 1 pickup truck or van allowed
site at any onetime for Home Based
Businesses. Must comply with city
parking regulations
Equipment No limit Limited by those noLinaily found
at a residence
On Premise Sales Home Offices: not permitted. Home Not permitted
Based Businesses: not regulated but
limited by customer visits (5 per
day)
Employees Home Office: no non-resident No non-resident employees
employees. Home Based
Businesses: 2 non-resident
employees
Customer Visits Horne Office: Not permitted. Home Not permitted
Based Businesses: 5 per day
Accessory Office/Business allowed to operate Not allowed to operate within
Buildings within.
Storage Within residential/garage/accessory Enclosed and limited to 100sqft
building structures/
Infrequent Sales Twice a year 110 more than 3 days in Twice a year 110 more than 6 days
length inlength
STAFF REPORT,: The Home Occupation Ordinance is currently out of date. It is only
referenced in the definition section of the City Code, does not address garage sales or
merchandise sales, and provides no review process to evaluate how intrusive a Home Occupation
is on surrounding property. Now that more and more individuals are beginning to use Home
Occupations, it is becoming a necessity to update Lake Elmo's regulation in order to provide
better guidance on the proper usage of Home Occupations.
RECOMMENDATION: Based upon the above background information and staff report, it is
recommended that the City Council discuss the discrepancies between City Coun�il
recommended regulations and those recommended by the Planning Commission, Staff is seeking
direction on moving forward with the Home Occupation Ordinance.
--pge2—
City Council Meeting Home Occupation Ordinance
8-12-10 Workshop Agenda Item # 2
ATTACHMENTS:
1. Home Occupation Timeline
2. 2006 Proposed Regulations by Council Members Smith and DeLapp
3. Ordinance No. 08-027
SUGGESTED ORDER OF BUSINESS:
Introduction of Rena ...................
Report/Presentation ....................
Questions from Council to Staff
Public Input, if Appropriate........
Council Discussion
- Council Action/Director
City Administrator
Planning Staff
Mayor Facilitates
Mayor Facilitates
Mayor & City Council
Mayor Facilitates
-- page 3--
Home Occupation Timeline
July 6, 2010—City Council tabled decisions for all members to be present.
June 28,2010—Planning Commission recommended approval of the Home
Occupation Ordinance to the City Council
April 12, 201 0—Planning Commision made the following decisions with regard
to Home Occupations:
o Home Occupations will be defined by two subtypes: Home Offices and
Home Based Businesses.
o Home Based Businesses should have a Home Based Business Penitit that
is monitored by the staff using an application procedure.
o Home Offices should be regulated by performance standards.
o Exceptions to the Horne Occupation Ordinance should include garage
sales, licensed facilities, and agricultural sales.
o A Garage Sale provision should be added to the definition section.
March 22, 2010—Planning Commission made the following decisions with
regard to Home Occupations:
o They wanted separate regulations and definitions for home offices and
home based businesses and wanted to return to the old planning
commission draft as a starting point.
o Degree of storage should not be limited for any home occupation.
o Home offices would not have a permit and home based businesses would
require a Speeial Home Occupation Permit.
o Signs would not be permitted for any home occupation
March 8, 2010—Planning Commission reopened discussion on the Home
Occupation Ordinance
July 18, 2006—CityCouneil
o Tabled discussion
June 12, 2006—Planning Commission made revisions to the recommended
ordinance
o Made the following changes:
Degree of storage should not be limited
■ Two non-resident employees are allowed in a home -based business
■ Annual license renewals is not needed
• Three business related vehicles are allowed at any time (parked off
Street)
■ Limited visits from 10 to 5 per day
■ Deliveries limited to 6 trips daily
June 6, 2006---City Council workshop
o Made a draft ordinance
March 27, 2006—Planning Commission Public hearing
o Concern over stock and trade being limited because of invasion of privacy
o Coneern over how to address adverse impacts on adjacent property
March 13, 2006—Planning Commission Public Hearing
o Discussed Shoreview ordinance
o Discussed the definition currently in use and suggested splitting it into two
categories: home based business, and home office
o Discussed difference between seasonal and year long businesses
o Discussed deliveries
November 14, 2005—Planning Commission
o Discussed Shoreview Ordinance and created a table
o Discussed accessory structures
o Discussed licensing
o Discussed distinction between land uses
October 24, 2005—Planning Commission
o Discussed traffic concerns
o Discussed exterior visibility of business
March 14, 2005—Planning Commission
o Home occupations discussed under a zoning text amendment
■ Was amended to include RR zoning
February 28, 2005—PIanning Commission
o Set up schedule for March 14, 2005 text amendment, and suggest tabling
rest of the issue
February 7, 2005—City Council, Home Based Business Workshop
Home Occupations
1. Purpose: The purpose of this section is to maintain the character and integrity
of residential areas and to provide a. means tbxoagh the establishment of
specific standards and procedures by which home occupations can be
conducted in residential neighborhoods without j eop8rdizingthe health, safety
and general welfare of the surrounding neighborbood.
Z. General Provisions:
A) No home occupation shall produce hght,4lase, noise,
siiiake dust, hat ha1nothe produced
stedr tau hererpesria1 anyae
B) 1iequipment shall be used in the home occupation which will create
electrical interference to surrounding properties.
C) Any home occupation shall be clearly incidental and secondary to the
residential use ofthe premises, should not change the residential
character thereof, and shall result in no incompatibility or disturbance
to the surrounding residential uses.
D) iia iia1 or external Lor
involve construction features not customarily found in dwellings
except where required to complyflwlth local and state fire and police
recommendations.
E) There shall be no exterior storage of equipment or materials used in
the borne occupation.
F) Vehicles associated with a bome occupation shall
G)
isiiee.
H) The home occupation shall meet all applicable fire and building codes.
1) There shall be no exteriordisplay or exterior signs wbicb are visible
from outside the dwelling
J) All home occupations shall comply withthe provisions of the city
code
K) No horne occupation shall be conducted
p±ipaLbuil.ding,excluding attached garage space and willnot
require any off street parking facilities.
L) No commodity shall be sold on the premises excluding party based
sales.
M) �ias
shall robe emjtoyed.
N) The general public shall not come to the premises in question for
purposes pertaining to the conduct of the home occupation.
0) All home occupations shall be conducted entirely within the principal
dwelling 1udingthea dgaage:space,.aad may notbe
conduc'.ted riacceorrui1ding
P) The home occupation shall not require sGtarageofover 1 OO square. feet,
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-027
AN ORDINANCE ADDING HOME OCCUPATION REGULATIONS
TO THE CITY CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 1:
General Provisions; Chapter 11: General Code Provisions, by amending section 11.01
Definitions to eliminate existing definitions as follows:
HOME OCCUPATJON. Any gainful occupation er profesion engaged in by the
pmit orily, of ct-dwelling-wheu earried on within a thv1ing unit or in at accessory
LJ&bSSLJ .. U,4L.fl UL1444L .aJo,J -wJrnrurry-arrrInt!rrTrrnrrvfluontflu-tnr,ntt,t7u
present, no stook in trade itred on the pr.i1iiaa, that no over the counter retail sales are
involved, and entrance to the home occupation is o oan b gained from within the tructuri
£LSSLtvJ% .3 O4L,t,a3.tflLO L4,L -
-ON Gh11 not be interpreted to include barber
as it may be amended from time to time, or similar us. No HOME
QFLY ivr tin
OCCUPATION hall n
-more than 3 parking spaces at
dng spaces required by -the occupant, HOME
SECTION 2. The City Council of the City of Lake Elmo hereby ainends Title 1:
General Provisions; Chapter 11: General Code Provisions, by amending section 11.01
Definitions to add the following definitions in alphabetical order with the already
existing definitions:
Garage Sales. Any isolated or occasional display and sale of used personal property or
home -crafted iteins conducted on residential premises by the occupant of the residential
property. Garage sales shall inelude rummage sales, basement sales, yard sales, porch sales,
craft sales, and seasonal boutiques. Garage sales are limited to no more than two (2) sales per
calendar year at any one property. Such sale cannot exceed three (3) consecutive calendar
days.
Home Based Business. A home occupation that does not meet the definition of home
office either because it allows non-resident employees, additional parking, or customer visits.
Home Occupation. Any occupation, profession or trade engaged in by the occupant of a
residential dwelling unit, which is clearly incidental and secondary to the residential use of
the premises and does not change the character of said premises. There are two types of
home occupations: home offices and home based businesses.
Home Office. A home occupation which consists primarily of an office or home crafts. It
includes, but is not limited to, receiving or initiating correspondence, such as phone calls,
mail, fax, or e-mail; preparing or maintaining business records; word or data processing; and
telephone, mail order, and off -premise sales.
Merchandise Parties. Private parties held for the purpose of soliciting sales.
Merchandise parties shall include but not be limited to Tupperware, Mary Kay, and Avon
parties. Merchandise parties shall be limited to no more than six (6) saes per year from a
residential dwelling unit.
SECTION 3. The City Council of the City of Lake Elmo hereby adds 154.112: Land
Usage; Chapter 154: Zoning Code, by adding the following language:
§ 154.112 Home Occupations.
(A) Purpose and Intent. The City of Lake Elmo recognizes the desire and/or the
need of some citizens to use their residences for business activities. The City also recognizes
that the use of residences for limited business purposes may result in a reduction of vehicle
trips on City streets as well as economic benefit to City residents, It is therefore the purpose
and intent of this Section to allow the use of residences for limited business purposes while
regulating such business use in a manner that precludes such business use from becoming a
nuisance to neighboring residential property owners, and while preserving the distinction
between residential and commercial zoning districts.
(B) Home Based Business and Home Office. Permits responsive to this Section
shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined
by Section 150 of this City Code.
(C) Administrative Enforcement.
(1) Home Based Business Permit, Any Home Based Business shall
require a "Home Based Business Permit." Permits shall not run with the land and shall not be
transferrable. A complete application, including the signature of the property owner, shall be
submitted to the City. The planning department may impose such conditions on the granting
of a Home Based Business Permit as may be necessary to carry out the purpose and
provisions of this Section.
(2) Review. The planning department shall approve or deny Horne Based
Business Permit applications upon receipt of a complete application. If the permit is denied,
the planning department will send a written notice of denial to the applicant. The written
notice will indicate the reason(s) for denial and a description of the applicant's appeal rights
as indicated in section 31.10
(D) Home Office Performance Standards. Horne Offices must meet the
following Performance Standards:
(1) Residency. A full-time resident of the property must eonduct the home
office,
(2) Impact on Adjacent Properties. The Home Office shall have no
adverse effect 011 adjacent properties which shall inelude but is not limited to traffic or
offensive noise, light, odor, dust, eleetro-magnetic interference or other noxious substances,
as may be defined elsewhere in the City Code.
(3) Exterior Appearance. There shall be no exterior evidence, ineluding
signs advertising the home occupation, that a building is being used for any purpose other
than as a residential dwelling or permitted accessory structure,
(4) Number of Businesses. More than one Horne Office is allowed,
however the combined impact shall be eonsidered when evaluating if it meets the
requirements of a Home Office.
(5)
Non-resident Employees. No non-residents may work on the site.
(6) Customer Visits to Site. The general public shall not come to the
premises in question for purposes pertaining to the conduct of the Horne Office.
(7) Deliveries to Site. No more than six (6) delivery/pickup trips per
week. Delivery vehicles shall not be larger than a typical residential delivery truck,
(8) Storage. Any merchandise or stock in trade sod, repaired, or
displayed shall be stored entirely within the residential structure, garage, or an accessory
building.
(E) Home Based Business Performance Standards. Review of applications for
Home Based Business Permit and subsequent determinations regarding revocation of a Home
Based Business Permits shall be based on the initial and continued compliance of a Home
Based Business on the following Performance Standards:
(1) Residency. A full-time resident of the property must conduct the
business.
(2) Impact on Adjacent Properties. The Home Based Business shall
have no adverse effect on adjacent properties which includes but is not limited to traffic or
offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances,
as may be defined elsewhere in the City Code.
(3) Exterior Appearance. There shall be no exterior evidence, including
signs advertising the home occupation, that a building is being used for any purpose other
than as a residential dwelling or permitted accessory structure.
(4) Number of Businesses. More than one Home Based Business is
allowed, however the combined impact shall be considered when evaluating the terms of the
Home Based Business Permit,
(5)
work on the site.
Non-resident Employees. Not more than two (2) non-residents may
(6) Business Vehicles. A maximum of three (3) business vehicles maybe
on site at any time, and the vehicles must be parked off-street at all times. No parking shall
replace the required parking of the residents. Said vehicles must be in compliance with
section 154.095 in the City Code regarding the maximum size of vehicles permitted to be
parked in residential zones.
(7) Customer Visits to Site. Permitted only where specified by the Horne
Based Business Permit, and shall be limited to a maximum of five (5) per day.
(8) Deliveries to Site. No more than six (6) delivery/pickup trips per
week. Delivery vehicles shall not he larger than a typical residential delivery truck.
(9) Storage. Any merchandise or stock in trade sold, repaired, or
displayed shall be stored entirely within the residential structure, garage, or an accessory
building.
(10) Off -Street Parking. When customer site visits are specifically
allowed by the Home Based Business Permit, adequate Off -Street Parking must be provided
for eustomers and for those who reside on the prernises. All required parking spaces shall be
in compliance with section 154.095 in the City Code.
(11) Hours of Operation, Home Based Businesses can only have non-
resident employees at the site, deliveries to the site, or customer visits to the site between the
hours of 7:00 a.m. to 10:00 p.m, seven (7) days aweek.
(F) Exceptions. Home Occupations do not pertain to Agricultural Sales, Garage
Sales, Licensed Residential Facilities, or Merchandise Parties.
SECTION4. Effective Date
This ordinance shall become effective immediately upon adoption and publi cati on in the
official newspaper of the City of Lake Elmo,
SECTION 5. Adoption Date
This Ordinance No. 08-027 was adopted on this 6 day of July 2010, by a vote of Ayes
and Nays.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
This Ordinance No 08-027 was published on the day of
2010.