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HomeMy WebLinkAbout09-25-2006 Planning Commission PacketOW LAKE City of Lake Elmo EL Ml 0 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 W ww.LakeElmo.Orq NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, September 25, 2006, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Agenda Approval 3. Public Hearing: CIP 2007-2011 4. Public Hearing: Amend Zoning Ordinance Open Space Preservation Ordinance 5. Minor Subdivision — Bergmann 6. Zoning Ordinance 7. Adjourn MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Commission From: C illerud Subject: 2007-2011 Capital Improvements Program (CIP) On September 26 the Commission is scheduled to conduct a Public Hearing and develop a recommendation the City Council regarding the 2007-2011 CIP. I have attached a copy of the CIP as proposed by Staff and the Park Commission (regarding the Park Improvements section only). City Administrator Rafferty and Finance Director Bouthilet will be available to present the CIP and respond to questions from the Commission. As in prior years' CIP's negative fund balances result for some funds. In most cases the actual funding mechanism for those later years of the CIP are yet to be decided. In some cases bonding will be required. In other cases (primarily Capital Equipment) the City may lease. In some cases projects will simply continue to be moved out in timing until an appropriate funding mechanism is decided. Since State Law views a CIP as a Comprehensive Plan element a Public Hearing and formal adoption by the City Council is required each year. We simply drop the current year (2006 in this case) and add a year to the end (2011 in this case). The function of the Planning Commission in its review of the annual CIP is purely planning in nature, not accounting or financial. The Commission's review should go to whether the planning CIP activities proposed accurately reflect the proper project locations and staging related to the Comprehensive Plan. As a radical "for instance", if the proposed CIP indicated a street reconstruction project one year and a sewer line installation in the same street a year or two later, it would be a Commission function to point out a timing/order of improvements issue with the CIP. Or, if the proposed CIP showed a sanitary sewer extension in 2008 to an area of the City not staged by the Comprehensive Plan for sewer service until 2010 (or, maybe, never), another timing (and/or Plan compliance) issue should be noted by the Commission. Since in Lake Elmo the staff, Planning Commission and City Council are generally "on the same page" (not always the case in some other communities), major CIP issues have not surfaced at the Planning Commission level in the past — nor do I expect they will this year. While tempting, I strongly suggest the Commission not become immersed in CIP financial or equipment details. Those matters are truly City Council concerns, not Planning Commission. Table of Contents I. Capital Acquisition Page Capital Acquisition Sun -unary Report 1 Capital Acquisition -Administration 2 Capital Acquisition - Civil Defense 3 Capital Acquisition - Building Dept 4 Capital Acquisition - Fire Dept (Equipment) 5 Capital Acquisition - Public Works Equipment 6 Capital Acquisition - Parks (Equipment) 7 Capital Acquisition - Parks (Improvements) 8 III. Infrastructure Reserve Infrastructure Reserve - Non MSA 9 IV. MSA Construction Capital Acquisition - Public Access 10 V. Enterprise Funds Water Enterprise Fund - Capital Projects 11 Sewer Enterprise Fund - Capital Projects 12 Storm Water Fund - Capital Projects 13 CITY OF LAKE ELMO 2007 Department Additions Expense 1 Balance Administration 172,872 229,872 29,249 Civil Defense 23,000 50,000 Capital Aqusisition Summary Report 2008 AdditionsF Expense 175,008 1,547 18,453 Building Dept 10,000 21,000 Fire -Equipment 29,125 12,000 194,396 128,396 16,574 93,972 Public Works - Equip. 210,872 152,872 Parks - Equipment 20,000 0 Total 631,140 158,258 CAPITAL EQUIPMENT (410) _ 2009 Balance Additions Expense Balance 45,999 177,067 I 158,317 64,749 20,000 0 0 0 Additions 2010 Expense I Balance 179,048 158,298 85,499 2011 Additions Expense 1 Balance 178,952 158,298 L 106,153 0 0 0 1 41,125 12,000 24,000 29,125 12,000 196,972 -86,426 93,512 L103,512 -96,426 264,990 221,008 431,008 54,990 226,067 1 164,067 82,347 30,000 45,000 67,347 30,000 0 0 0 0 41,125 12,000 0 53,125 94,016 204,016 -206,426 93,443 203,443 -316,426 116,990 226,048 316,048 26,990 225,952 200,952 51,990 97,347 40,000 15,000 122,347 40,000 50,000 112,347 582,140 423,832 550,441 1 851,238 I 123,035 538,646 j 449,896 211,785 551,112 693,362 69,535 550,347j 612,693 7,189 Parks -Acquisitions (404) I 70,000 1 251,500 167,338 Infrastructure Reserve 1 364,750 825,482 1 -883,449 MSA Street Construction I 237,000 110,819 1 604,465 Water Enterprise Capital I 1,351,500 I 1,571,3841 625,821 Sewer Enterprise Capital I 1,969,109 I 2,081,853 I 90,012 11 11 11 11 11 Parks Acquisition Summary Report (404) 70,000 1 106,000 1 131,338 II 70,000 , 81,000 120,338 II 70,000 56,000 1 134,338 II 70,000 1 66,000 138,338 Infrastructure Reserve (409) 350,0241 585,0581 -1,118,48311 379,2771 125,0001 -864,206 II 385,5271 125,0001 -603,679 II 391,7771 125,0001 -336,902 MSA Street Construction (402) 240,000 I 61,252 1 783,213 II 250,000 1 973,533 1 59,680 II 260,000 I 576,225 1 -256,545 II 270,000 I 433,302 I -419,847 Water Enterprise Capital Fund (601) 822,500 I 1,408,0001 40,321 422,500 1 354,764 1 108,057 II 422,500 1 354,764 175,793 II 422,500 I 3,258,071 -2,659,779 Sewer Enterprise Capital Fund (602) 450,000 I 384,067 I 155,945 II 180,000 1 233,196 I 102,750 II 180,000 1 232,298 1 50,452 II 180,000 1 1,132,298 1 -901,846 I Surface Water Enterprise Capital Fund (603) Surface Water Enterprise I 81,000 1 230,000 1 -109,628 II 82,500 1 50,000 I -77,128 II 84,300 1 0 1 7,172 II 86,100 1 50,000 1 43,272 II 87,900 1 50,000 81,172 I', -1- (Account: 410 FUND BALANCE Transfer from General Fund Transfer from General Fund Bond Payments -City Hall Engineer Vehicle Computers Electronic Records Equip. Copy Machine Computers/Network Total Expenses FUND BALANCE 2007 86,249 22,000 150,872 CITY OF LAKE ELMO Capital Improvement Plan 2007- 2011 Administration 2008 29,249 24,000 151,008 2009 45,999 26,000 151,067 2010 2011 64,749 85,499 28,000 28,000 Transfer in from General Fund to support Adminstration Equipment 151,048 150,952 Annual Bond Payment for future City Hall Bldg. Total Additions 172,872 175,008 177,067 179,048 178,952 150,872 151,008 151,067 151,048 150,952 Comments 11,000 4,250 4,250 4,250 4,250 Funds set aside for New Position 3,000 3,000 3,000 3,000 3,000 Computer Replacement Schedule 15,000 Document Imaging -for Electronic File Storage 40,000 Copier purchased in 2001- 1, 081,000 Copies 10,000 Upgrade equipment for New City Hall 229,872 29,249 158,258 158,317 45,999 I 64,749 158,298 158,202 85,499 106,249 -2- Account: 410 2007 2008 2009 FUND BALANCE 28,547 1,547 0 (Transfer from General Fund 23,000 18,453 iTotal Additions 23,000 18,453 0 Civil Defense Sirens Civil Defense Sirens Total Expenses FUND BALANCE CITY OF LAKE ELMO Capital Improvement Plan 2007- 2011 Civil Defense 2010 2011 Comments 0 0 50,000 3 Sirens 20,000 2 Sirens 50,000 20,000 1 0 1,547 0 1 0 0 0 -3- CITY OF LAKE ELMO Capital Improvement Plan 2007- 2011 Building !Account: 410 2007 2008 2009 2010 2011 Comments FUND BALANCE 40,125 29,125 41,125 29,125 41,125 Transfer From General Fund 10,000 12,000 12,000 12,000 12,000 Total Additions 10,000 12,000 12,000 12,000 12,000 Vehicle 21,000 Replacement Schedule- 2000 Chev S/10 Vehicle 24,000 Replacement Schedule- 2004 Chev S/10 Total Expenses FUND BALANCE 21,000 I 29,125 0 41,125 24,000 29,125 0 0 41,125 53,125 Bond Payment-Pumper/Tanker 54,396 1. Vehicles Heavy Rescue 50,000 Ladder/Pumper II. Equipment Turn Out Gear 7,000 Replacement Fire Hoses 5,000 Thermal Imaging Camera 10,000 Laptops 2,000 800 mhz Radio Total Expenses FUND BALANCE 128,396 16,574 CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Fire !Account: 410 2007 2008 2009 2010 2011 Comments FUND BALANCE 4,970 16,574 -86,426 -96,426 -206,426 Transfer From General Fund 140,000 40,000 40,000 40,000 40,000 Trsf in G.F. for Equip. Cert. 54,396 53,972 53,512 54,016 53,443 Annual Transfer from General Fund to Pay Equipment Certificate. Total Additions 194,396 93,972 93,512 94,016 93,443 I 53,972 53,512 54,016 53,443 50,000 50,000 50,000 50,000 100,000 100,000 Placeholder/Bond Payment for 100' Platform Ladder Truck 2,000 91,000 196,972 I 103,512 -86,426 I -96,426 204,016 -206,426 -5- 203,443 -316,426 I Replaces Aging (20-25 Year) Hoses Funding Source To be Determined -Possible Federal Grant Account: 410 FUND BALANCE Transfer From General Fund Transfer From General Fund 2007 206,990 60,000 150,872 2008 264,990 70,000 151,008 CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Public Works 2009 2010 2011 Comments 54,990 116,990 26,990 75,000 75,000 75,000 151,067 151,048 150,952 Annual Bond Payment for new Public Works Bldg. Total Additions 210,872 221,008 226,067 226,048 225,952 Bond Payment Public Works Bldg Bob Cat Trade-in Backhoe Black Top Roller Wood Chipper Pick -Up Portable Air Compressor Dump Truck Tatem Truck 1 Ton Truck Sign Equipment Total Expenses FUND BALANCE 150,872 151,008 151,067 151,048 150,952 2,000 152,872 264,990 10,000 30,000 40,000 13,000 180,000 20,000 431,008 1 164,067 54,990 1 116,990 Replacement of 1998 Pick-up 165,000 Replacement of 1986 Dump Truck Additional need resulting in Turnback Hwy 5, Lake Elmo Ave & 13B 50,000 Replacement of 2003 One Ton Truck 316,048 200,952 26,990 51,990 -6- CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Parks Equipment Account: 410 2007 2008 2009 2010 2011 FUND BALANCE 62,347 82,347 67,347 97,347 122,347 Transfer from General Fund 20,000 30,000 30,000 40,000 40,000 Total Additions 20,000 30,000 30,000 40,000 40,000 Comments Truck 45,000 Replacement of 1998 Pick-up / Upgrade to Boom Truck Mower 15,000 Tractor Mower 50,000 Total Expenses 1 0 1 45,000 FUND BALANCE 1 82,347 I 67,347 0 97,347 15,000 50,000 122,347 112,347 -7- CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Park Acquisition Account: 404 2007 2008 2009 2010 2011 FUND BALANCE 348,838 167,338 131,338 120,338 134,338 Parks Dedication 70,000 70,000 70,000 70,000 70,000 Total Additions' 70,000 1 70,000 DeMontreville Park Pavillion Resurface Basketball Court Heights Park Ball Field Play Structure Lake Jane Hills Park Pet Park Lions Park Merry -Go -Round Pebble Park Tennis Court Resurface Reid Park Parking Lot Playground Equipment Sanctuary Master Plan Future Amenities Stonegate Park Parking Lot Sunfish Lake Park Master Preservation Plan Tablyn Park Mill & Overlay Park Lot & Driveway VFW Park Ballfield Improvements Trail Improvements Park Comp. Plan Update -Total Expenses FU ND BALANCE 25,000 3,500 20,000 12,000 2,000 5,000 1,000 5,000 15,000 7,000 150,000 6,000 251,500 167,338 25,000 30,000 1,000 70,000 70,000 70,000 30,000 1,000 5,000 5,000 1,000 1 1,000 10,000 50,000 50,000 1 50,000 I 50,000 106,000 1 81,000 1 56,000 I 6.,000 131,338 120,338 134,338 138,338 Comments $2,000 - swings; $30,000 - new play equipment Squaring off edges of existing parking lot. -8- CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Infrastructure Reserve Account: 409 2007 2008 2009 2010 2011 FUND BALANCE-422,717-883,449 -1,118,483 -864,206 -603,679 Trsf From General Fund 100,000 100,000 100,000 100,000 100,000 Revenue from Assessments 108,750 125,024 154,277 160,527 166,777 Trsf from G.F. Seal Coat & Crack Sealing 156,000 125,000 125,000 125,000 125,000 Total Additions 364,750 350,024 379,277 385,527 391,777 Sealcoat/Crackfill 'Pavement Management Plan Lisbon 49,770 Legion Lane 161,770 Legion Circle 18,673 Legion Court 15,558 21 st Street 144,673 Laverne 52,885 Layton 60,673 Leeward 104,230 11 th Street 36,365 12th Street 24,885 Isle 3rd St. Place 10th Street Court Kelvin 53rd Street !Total Expenses IFUND BALANCE 825,482 -883,449 125,000 125,000 125,000 125,000 125,000 31,000 87,115 95,270 34,230 74,673 168,770 585,058 -1,118,483 125,000 1 125,000 125,000 -864,206 1-603,679 -336,902 Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Reclaim & Overlay Comments -9- CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Municipal State Aid (MSA) Account: 402 2007 2008 2009 2010 2011 FUND BALANCE 478,285 604,465 783,213 59,680 -256,545 State Contribution 237,000 240,000 250,000 260,000 270,000 Total Additions 237,000 240,000 250,000 260,000 270,000 Bond Payments 110,819 61,252 63,533 61,725 63,702 Kimbro/50th Street Reconstruction 910,000 Reconstruction 20th/Manning & Trails 514,500 Reclaim & Overlay Keats Ave 369,600 Reclaim & Overlay Total Expenses FUND BALANCE 110,819 61,252 604,465 783,213 973,533 i 576,225 59,680 1-256,545 433,302 -419,847 Comments CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Water Enterprise Account Account: 610 2007 2008 2009 2010 2011 FUND BALANCE 845,705 625,821 40,321 108,057 175,793 Revenue From WAC 525,000 396,000 396,000 396,000 396,000 Revenue from Tower Rentals 26,500 26,500 26,500 26,500 26,500 Revenue Source to be Determined 800,000 400,000 Total Additions 1,351,500 822,500 422,500 422,500 422,500 Bond Payments Bond Payments Repayment of Loan to General Fund Projects Well 1A Well House 1A Abandon Well 3 Trunk Oversizing Trunk Watermains Keats 59th - Tapestry Trunk Oversizing (Old Village) Booster Station Trunk Watermain 26th Street to Tower Elevated Storage Tank # 3 Replace Water Mains Total Expenses FUND BALANCE 72,494 72,860 71,124 71,124 74431 360,275 226,525 175,025 175,025 175,025 58,615 58,615 58,615 58,615 58,615 175,000 705,000 50,000 100,000 900,000 100,000 50,000 1 50,000 50,000 50,000 1,571,384 1 1,408,000 354,764 354,764 625,821 1 40,321 108,057 175,793 450,000 950,000 1,500,000 50,000 3,258,071 -2,659,779 Comments Pump & Mechanical included -11- CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Sewer Enterprise Accoount Account: 602 2007 2008 2009 2010 2011 Comments FUND BALANCE 202,756 90,012 155,945 102,750 50,452 Sewer Access Charge Assessments (Eagle Point) Bond Revenue 450,000 450,000 180,000 180,000 180,000 19,109 1,500,000 Total Additions 1,969,109 450,000 180,000 180,000 180,000 Bond Payments (2002A) 340,000 - 23,196 25,410 24,539 23,641 23,641 Bond Payments New Issue 208,657 208,657 208,657 208,657 208,657 Old Village Sewer Study Trunk Sewer Old Village Lift Station Trunk Sewer Oversizing Trunk Sewer Oversizing Trunk Sewer Oversizing Sewer Study South of 10th St. Replace Forcemain Trunk Sewer Trunk Sewer Oversizing Total Expenses FUND BALANCE 50,000 1,500,000 250,000 50,000 2,081,853 90,012 100,000 50,000 384,067 155,945 233,196 232,298 102,750 I 50,452 50,000 500,000 300,000 50,000 1,132,298 -901,846 1-94 to Old Village CITY OF LAKE ELMO Capital Improvement Plan 2007 - 2011 Storm Water Capital Enterprise Account. 603 2007 2008 2009 I 2010 2011 FUND BALANCE 39,372 -109,628 -77,128 7,172 43,272 Revenue from Utility Billing 81,000 82,500 84,300 86,100 87,900 Total Additions 81,000 82,500 84,300 86,100 87,900 PROJECT Storm Sewer Mapping Vac. Trailer Old Village Regional Property Aq. Old Village Regional Pond Cons. Old Village Storm Sewer Improvements Emergency Equipment Old Village Storm Sewer Improvements Mini Excavator Total Expenses FUND BALANCE 25,000 150,000 50,000 5,000 50,000 230,000 I 50,000 -109,628 I -77,128 50,000 0 I 50,000 7,172 I 43,272 50,000 50,000 J 81,172 Comments MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Commission From: C uc d Subject: Return of the OP Ordinance I have attached a memo to the Commission of October 21, 2005 that describes the rational supporting two staff -recommended zoning ordinance text amendments that would effectively suspend the use of the Open Space Preservation section pending adoption of the new Comprehensive Plan. Not only were major land use changes then in the process of being prepared for the 1-94 corridor and the Old Village, there was also a high probability that the OP allowable density would be increased somewhat by the new Comprehensive Plan. The Comprehensive Plan was finally adopted and concurred in by the Metropolitan Council early in 2006. The Plan does include a density increase for RAD guided areas from a maximum of 0.40 units/acre (16 units per 40 acres) to 0.45 units per acre (18 units per 40 acres). Now that the Comp Plan is law, the undeveloped area south of 10th Street is Future Sewered Development and therefore can only be zoned 1 unit per 20 acres until the sewer service arrives several years in the future — not chance of using OP to develop those lands. The Village Area remains an open issue as to detailed land use as of now. The City Attorney advises, however. that we may now adopt a new Development Moratorium for the Village Area pending completion of the detailed plan for that area that has now been contracted for. "Protection" of the Village Area from premature and inappropriate development can be assured even with the OP ordinance again operative. A concurrent Moratorium Ordinance covering the Village Area will accompany this OP ordinance reactivation when presented to the Council. The specific zoning ordinance amendments required to re -activate OP at the density prescribed by the new Comprehensive Plan are as follow: 1. Amend Section 300.07, Subd. 4,A, 2 (Conditional Uses in the AG zone) to insert: g. Open Space Development as regulated by Section 301. 2. Amend Section 300.07, Subd. 4, B, 2 (Conditional Uses in the RR zone) to insert: b. Open Space Development as regulated by Section 301. 3. Amend Section 301.06, Subd. 2, H. to substitute "Eighteen (18) for "Sixteen (16)". A Motion recommending Section 300.07 and Section 310.06 zoning ordinance amendments as proposed by the Planning Staff Memo of September 21, 2006 is suggested for Commission adoption. MEMO October 21, 2005 for the Meeting of October 24, 2005) To: Lake Elmo Planning Commission From: Chuck Dillerud Subject: Zoning Ordinance Text Amendment As of today the City is both working with the Metropolitan Council on the new City-wide Comprehensive Plan, and is under contract with a consulting team to address the Village Area Plan. The geographic areas of the City that will be most impacted by those two planning initiatives are the I-94 Corridor, and the Village Area. Pending completion of those projects the City has adopted Development Moratoriums which cover those two geographic areas of the City. The Village Area Moratorium has recently expired, and can not be further extended. The I-94 Corridor Moratorium extends to June, 2006. It can be extended by City Council action but not without procedural steps that are new to State Statutes. Except for limited GB and LB sites in both noted geographic areas of the City, the majority of both areas are currently zoned AG (1 unit per 40 acres) or RR (1 unit per 10 acres). The RAD and AG land use guiding for the areas currently so -zoned matches that zoning classification. Therefore the current Comprehensive Plan and zoning of the majority of the undeveloped areas in both the Village Area and the I-94 Corridor are in conformity, providing the property owners "reasonable use" of the land responsive to contemporary land use regulation case law — although not necessarily the ultimate use that the land owners may have in mind. In addition to the 1/40 or 1/10 land use permitted in AG and RR zoning districts respectively, the zoning ordinance provides for OP clustered development at a 0.40 dwelling units per acre density (roughly 1 dwelling unit per 2.5 acres) — as a Conditional Use Permit in those zones only. Staff proposes that the City repeal the OP Conditional Use Permit provisions of AG and RR until such time as the City's new Comprehensive Plan and the complimentary zoning ordinance amendments have been adopted by the City. The OP section would remain a part of the zoning code, but be inoperative until such time as the new Comprehensive Plan and zoning ordinance amendments to match are officially established. Given the fact that at least Preliminary Plats and OP Development Stage Plans for 4 new OP neighborhoods totaling 180+ lots have been recently approved by the City (and would not be impacted by this proposed amendment since they have attained Preliminary Plat approval from the City) staff does not see how this amendment will adversely impact the housing market in Lake Elmo over the next few months. Surely OP will return as a CUP — and at a somewhat enhanced density over today — well before the local housing market experiences any significant constraint. We recommend the Planning Commission conduct the required Public Hearing (Notice of which has been Published in the City's Official Newspaper), and adopt a recommendation to the City Council to repeal the OP Development CUP provisions of the AG and RR zones. LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: September 21 for the Meeting of September 25 Applicant: Richard & Eileen Bergman Location: 11459 61st Street North Requested Action: Minor Subdivision Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: The history of these sites is both lengthy (filling nearly 4 inches of City file space) and complex — nearly defying description. It appears that the farmstead site, including the home and the barn, were what was referred to as the John Cody Farm prior to 1977. The farm is reported by 1977 City Council Minutes as 48 acres in area. It may have been much larger at some earlier point. During 1977/1978 Rossow (who had purchased the Cody Farm) applied for and received approval of a plat to create 9 five acre lots, with the balance of the Cody Farm apparently street right-of-way for a cul-de-sac that would access directly to Highway 36. There apparently was also some zoning action regarding some or all of the lot — likely rezoning to commercial from AG. Apparently the developer never followed through with the recording of the plat or the construction of plat improvements, and was advised by the City in 1984 that the plat approval was voided. City files also refer to litigation whereby the Court apparently voided some zoning action involving the property. It therefore appear that, by 1984, the original developers had no approvals valid for the 1978 plat that included this site. Nothing appears in City files regarding this site until 1991, where it appears a title issue arises with the house on the subject site. It appears that the developer had sold the house on 2 acres by unrecorded Contract for Deed prior to the 1978 plat when this area was zoned for a minimum 5 acres. During the later platting process an additional 3 acres was added to the house site to make it legal. Even with the added 3 acres, however, the barn was still not on the 5 acres conveyed. While we can locate no building permit records, a pole building of approximately 800 square feet area was constructed (likely without a permit) within the 5 acres that had been sold with the house prior to the applicants purchasing the property (appears on the 2000 air photo). Recently the Bergmans (applicant) acquired the entire Rossow holdings (failed plat) and the house/pole barn on the 5 acres. A portion the remaining Rossow land was subsequently included in the Sanctuary plat as Outlot E — subject to a Conservation Easement or the Minnesota Land Trust. The City Council conditionally approved a variance to allow a second accessory structure on an RR parcel on September 5, 2006. The sole condition of that approval is that a Minor Subdivision or similar action be also and subsequently approved allowing division of the 1.33 acre "barn site" from the 33.5 acre parcel of which it is now a part; and, concurrent consolidation of the 1.33 acre "barn site" with the 5 acre homestead site. Discussion and Analysis: The City Attorney has advised staff that this proposed action should be processed as a Minor Subdivision rather than a Lot Line Adjustment (which is an administrative process). Since no additional tax parcels will result, no public use dedication fee will be payable. During the City Council's discussion of the companion variance action on September 5 it was pointed out that alternative appeared to exist to increase the homestead parcel to the full 10 acres required for it to be conforming as to area in the RR zone — particularly since Washington County GIS records show both the homestead parcel and the barn parcel to be owned by Dick & Eileen Bergman — not by son and parents separately as staff had understood to be the case. It was also noted by the Council on September 5 that Section 300.09 Subd. 2 of the Zoning Ordinance specifies that, where contiguous land parcels are owned by the same party (as is the case here it now appears), and one or more of those contiguous parcels is non -conforming as to width or area requirements of the respective zoning district (which the homestead parcel is), the property owner is required to combine those contiguous parcels such that one or more parcels result that do meet the width and area requirements of the zoning district. As such, the homestead parcel must be combined with the 33.5 acre parcel in such a manner as to make the homestead parcel at least 10 acres in area. Presumably, the Bergmans will not be permitted to record with Washington County any conveyance of the homestead parcel to any other party unless the provisions of City Code Section 300.09 Subd. 2 are complied with. Of course, vehicles of sale such as unrecorded contracts for deed can defeat this ordinance — exactly what appears happened when the homestead parcel was created without City approval many years ago, and then had to be confirmed by the City later. Findings and Recommendations: Based on the foregoing discussion of circumstances of this application, and City ordinance requirements that apply based on the County GIS confirmation of contiguous parcel ownership, it appears that this Minor Subdivision can not be approved unless the homestead parcel is increased to at least 10 acres in area. Further, the homestead parcel can not be conveyed to another party by Dick & Eileen Bergman (or, at least, Washington County can not record any such conveyance) unless the homestead parcel is increased in area to RR minimum standards (10 acres). Unless a zoning variance is approved by the City no Minor Subdivision may be approved as proposed — a resulting 6.33 acre parcel where the applicant is also the owner of a contiguous 33.5 acre parcel — since 10 acres is the minimum allowable parcel area in the RR zone. Should the applicants decide to instead increase the resulting area of the homestead parcel to 10 acres or more (and reduce the area of the 33.5 acre contiguous parcel concurrently) a new survey and legal description will be required prior to proceeding with City approval actions. Planning Commission Actions Requested: Based on the confirmed ownership by the applicants of contiguous parcels, the only action legally available to the Commission is denial based on the resulting parcel of 6.33 acres in the RR zone as a violation of Section 300.09 Subd. 2. The only Finding required to support that denial recommendation would be non-compliance with Section 300.09 Subd 2. As an alternative, should the applicants wish to either increase the proposed homestead parcel to a resulting 10 acres, or apply for a zoning variance to allow the homestead parcel at the proposed 6.33 acres, they could request the Commission table the Minor Subdivision action pending either a revised survey/legal description, or an application and Hearing notice for a zoning variance regarding parcel area. Should that alternative be desired by the applicants, they should also state that they are waiving the City's 60 day review period. Regardless of what legal process is selected by the applicant, a condition of any variance or Minor Subdivision approval should be conveyance of a 20 foot utility easement from the west line of Outlot E, Sanctuary to the State Highway 36 south right-of-way line upon a centerline specified by the City Engi, eer. Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Section 300.09 Excerpt 3. Division Graphics 4. City Council Resolution #2006 — 92 approving accessory building variance subject to Minor Subdivision approval. L Location Map 1 Highway 36 Site 1. r .,' - -- fai ,wwwwww. R2IW R208/ RI9W 732N T32N T31N 13IN T3ON T29N T29N T28N T28N T27N T27N 0 R22W R21W R20W Vicinity Map Scale in Feet 1200 This drawing is the result of a ownglation end reproduction of lend racoons as Only appear st vanous Washington County onions. The drawing should be used tor retnrence purposes only. Washington County is not responsible for any inaccuracies. Source: Washington County Surveyolt Office. Phone (651) 430-61375 Parcel data based on AS400 infonnabon 36-030.21-34-0001 , — . c 1 . . / : ! Parcel e s , Parcel A . 1.33 Acres (5 Acres Es/sting) g Added 20 FTWOE UT/IT'D/58.1E14 01,1.01r. N01.1.111E.4 OAS MN., .PEL1N.E .SEMENT PER BOOK ISS DEEDS P.M. 607 ImiSPEGIRED LOCATION). SUMMIT .1.0141 (aTH STREET NORTH \ / %A./ 0,/ N,/ Is181 \ ran. 9ITY IF9FtAt CITY OF LAKE EL STATE HIGHWAY 36 ST. CROIX'S DRAINAGE EASEMENT i 6 1 i ,/ . II if „ ! ,-, i 1 i tan it! 1 e / ! ' ii r,-,711 ,e-------'-----,.., / i i ! -..... , : w„...., stt '1 ,... 7 0550651OREA5E361. ,.--- 1 OVER 01111.0T1.1 .....'-' PE140.1577329 ie ST. CROIX'S Xlela 10 kt 3 ' a. k Ar1.50 I •146 Location Map R2IW R2OW Riga' T32N T32N 1 T31 T3114 T3ON T29N T29N 728N T28N R22W R2IW R20W Vicinity Map 74t A.W(.4'10 0 400 Scale in Feet This drawing is tha result of a conwilsalon and reproducbon of land MO. as they erVisar in yaw. Washing. CoustY °Ms. The drawing should be used for reference purposes only. Washing. County is not responsible for any inaccuracies. Source: Washington County Surveyors Office. Phone (651)4304E175 Parcel data based on AS400 inforrnabon Location Map R21W R20W {R19W T32N T32N T31N T3IN T3ON T29N T29N T28N T28N T27N T27N 1222W R21W R20W Vicinity Map 0 100 Scale in Feet This drawing Is the result of 8 compilason and reproduction of land records as they appear In venous Washington County offices. The drawing shook be used for reference purposes only. Washington County is not responsble for any inecpuallea. Source: Washington County Surveyor's Office. Phone (051)430-6875 Parcel data based on AS400 information Lake Eimo Municipal Code 111\31 Chapter 3 -Zoning Section 300 -Zoning Ordinance Any .one .(.I) acre lot which was of record before October 16, 1979 may be used for single fam iy..detaehed:dwelling purposes regardless of ownership of adjacent parcels, provided the lotnees.ali. other requirements:..of this sewn. Subd. 2 ontiguous Parce If, in a group of two or more contiguous iots or parcels ofland.owned or controlled by the same,person, any individual lot or paroel does not meet the full width or area requirements of this section, theindividual.lotorparcel cannot be considered as a separate parcel of land for purposes of sale Dr development, but must be combined with :adjacent lots or parcels under the same ownership so that the combination will equal one or more parcels of land each meeting the full lot width and area requirementsof this section. Subd. 3 Subdivision of Lots. Any lot or parcel of land subdivided by any means after the effective date of this section for purposes of erecting a structure, must be approved as required by the subdivision ordinance. Subd. 4:, Lake,and! Stream Frontage Lots. All lots having frontage on a lake orostream shall be subject to the provisions of the Shoreland Management Orairiance as well;as the, regulations provided by this chapter: All lots on unclassified bodies of water in the shoreiand management ordinance shall meet the minimum setback requirements for a General Development Lake, except as provided in the Shoreland Management Section. Subd. 5. Lots:in.The:Flood Plain. All lots in a designated flood plain shall be subject to. the Flood Plain Ordinance as well as the regulations provided by this chapter. Subd...6 . Reduction of Reouired :Yard or Lot Size Prohibited. No yard or.lot shall be reduced in area or dimension so as to make it less than the minimum required by this section, and if -the existing yard or lot is less than the minimum required, it shall not be further reduced. No required yard or lot currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements 'for any other building. Subd., 7 ,.Sloning. On Erodible Building Sites. On sites with slopes of greater than twenty-five percent (25%) or on easily erodible soils as defined on the community soils maps and compiled by the County Soils Conservation Agent, no structure shall be constructed. Subd. 8.:.:Minimum Area,Reouirernents for Lots Without. PublicSanitary Sewer. In areas.without public sanitary sewer, but where public sanitary sewer is proposed in the City's capital improvement program, single and two family homes shall demonstrate suitable soil conditions for adequate on -site sewage treatment area. In areas without public sanitary sewer where public sanitary sewer is not proposed in the City Capital Improvement Program or Comprehensive Plan, single and two family homes shall demonstrate suitable soil conditions for a minimum ,on:site:sewage treatment area of one (1) acre per dwelling. unit.. 300-79 2/1 a/97 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-092 A RESOLUTION APPROVING A ZONING VARIANCE FOR RICHARD AND EILEEN BERGMAN LOCATED AT 11459 60TH STREET NORTH WHEREAS, Richard and Eileen Bergman, 11459 60th Street North, has made application for a zoning variance to allow a second accessory structure on an RR zoned parcel. WHEREAS, at its August 28, 2006 meeting, the Planning Commission reviewed and recommended approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the following findings: 1. The property can not be put to a reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties. 3. Granting of the variances will not change the essential character of the neighborhood. The two accessory structures already exist. WHEREAS, at its September 6th meeting, the Lake Elmo City Council reviewed the zoning variance to permit Richard and Eileen Bergman to locate two accessory buildings on an RR zoned parcel. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the zoning variance for Richard and Eileen Bergman, 11459 60th Street N., to allow two existing accessory structures on an RR zoned parcel based on the Findings and subject to the following condition specified by the August 24, 2006 Planning Staff Report. 1. Approval of a Minor Subdivision, or a waiver of platting by the City Council, to create the new parcel that would contain the house and the two accessory structures. ADOPTED BY THE Lake Elmo City Council the 6th day of September, 2006. It �e Dean A. Johnston, Mayo' ATTEST: IL, If Mai tin J. Ra f Beigman Variance MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo P1g Commission From: Chuc Subject: Zoning Ordinance — Draft District Descriptions/Standards As noted September 20 Chuck has started work on the specific districts for the new zoning ordinance. If time permits we will begin reviewing those descriptions/standards on September 25. I have attached some "first cut" work (on AG, RR and R-2) that I will elaborate on and update during the meeting. I have not incorporated Kelli's numbering system yet, nor have I included Alternative AG a this point. I may have additional district work ready to at least distribute at the meeting. 300.07 Zoning Districts. Subd. 1 Classifications. For the purpose of this section, all land in the City is divided into zoning districts. The zoning districts shall be identified by the following classifications: A. ACi, Agriculture B. RA Rural Residential C. R-2 Residential (2 Units/acre) D. NC Neigborhood Conservation E. • FSD Future Sewered Development F. SRD3.5 Sewered Residential Development 4. R-3 Mobile Home Park H _• RE _ - Residential Estates I; GB General Business - -{ Deleted: Page Break -------•-•• _ - - { Deleted: g or A _ _ -- -{ Deleted: - J LB Limited Business , BP Business Park L� PF Public and Quasi -Public, M. VR Village Residential Deleted: C. . R-1 . _ .. One Family Residential'[ . D. . R-2 .... One and Two Family Residential _ - -I Deleted: E. { Deleted: F... R-4 _ ... Multi - Family Residential Deleted: G. Deleted: H. Deleted: I. . HB .. _ _ Highway Business'[ I CB Convenience Business ` s { Deleted: K. Deleted: L. New districts have been added that reflect the 2030 Land Use Plan classifications. R-1 have beendeleted and will be covered by NC. Both. HB and CB are deleted since they were repealed several nears ago. but Code Books have not been changed to reflect. OP is no longer a free standing zoning district (as it was pr-e-2000) and should no longer be in this listing PF now includes the former P and the "Overlay Districts" do not Deleted: M. Deleted: Open Space Deleted: N. P Public Parks and Open Space'[ O. . OP ... Open Space Preservation District'[ . P... OZD _ ... Overlay Zoning Use Districts belong in this listing. The R-4 is deleted because we do not anticipate "free standing" high density party wall development — onl' in PUD's.. _ _ _ - - -I Formatted: Font: Italic Subd. 2 Boundaries. The boundaries of these districts are defined and established as shown on the map entitled "Zoning District Map" which map is available for viewing at the City offices. Unless otherwise indicated by relation to established lines, points or features, the district boundary lines are the center lines of streets, alleys, or railroad right-of-ways, existing or extended. Subd. 3 Zoning District Man. A. ''he map is designated as the "official zoning map" of the City and shall ,' be maintained as provided in this section by the Zoning Administrator. _ Deleted: The boundaries of the districts as established by this section are as shown on the zoning district map, which is available to view at the City offices. Deleted: The district boundary lines on the map are intended to follow street right-of-way lines, street center lines. or lot lines unless the boundary line is otherwise indicated on the map. In the case of un-subdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references, and other information shown on the map shall have the same force and effect as if fully set forth in this section and are made a part of this section by reference and incorporated in this Code as full as if set forth at length. Whenever any street or other public way is vacated, any zoning district line following the center line of the vacated street or way shall not be affected by the vacation. e _ _ _ _ _ _ _ First two deletions are repeats from Section 2. Staff suggests that noting Deleted: Wherever "SUP" appears on the zoning district map it indicates a conditional use permit under the ordinance. CUP's (why it says "SUP"here we don't know) on the zoning man will ( Formatted: Font: Italic unnecessarily clutter the map, and is not necessary., _ _ - 4 Formatted: Font: Italic B. When any permit is issued for a planned unit development4he PUD__ number shall beooted on the zoning district map by the Zoning AdnllmstratoI_, Simply cleaning up awkward language. This will likely be repeated in the PUD ordinance.. C. When conflicts appear in this this with respect to allowable,uses performance standards_ the more restrictive provision shall be applied. Subd. 4 Districts. — Deleted: or any other permit which affects any zoning district in a substantial way, Deleted: permit • '( Deleted: coded and Deleted: so as to clearly indicate the use permitted which may not otherwise be clearly evident from the map or text of ti this section.' Formatted: Font: Italic Deleted: section t Deleted: permitted I Deleted: A. AG - Agricultural, ` I Deleted: within a district 1. Purpose `' • fFormatted: Indent: Left: 0", First The purpose of the AG zoning district is to preserve commercial -; line: 0" agricultural operations within the City as viable business entities, and: 't "„ '( Deleted:," to preserve the rural character of the City by maintaining large areas of open space dedicated to agricultural production. It is recognized that to accomplish these purposes certain non-agricultural uses may be allowed responsive to strict standards of location and operation to supplement the property owner's cross income and thereby continue the r preservation purposes. f Formatted: Indent: Left: 1.19", First line: 0" A "Purpose" statement is necessary to establish that AG is truly first _ _ intended for the preservation ofagricultural uses and open space, and not first intended to be a "holding zone" for future development— even though that may well be the ultimate situation.. 1. Permitted Uses, a. Commercial agriculture and horticulture 4„. Forestry meeting state and federal regulations 1 Formatted: Underline Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.94" + Tab after: 1.19" + Indent at: 1.19" _ - t Formatted: No underline Formatted: Font: Italic • 1 Formatted: Indent: Left: 0.8", First line: 0" -f Deleted: and Structures. J Deleted: b. Poultry facilities meeting state and federal regulations," c. Farm buildings," • d. Farm drainage and irrigation systems," Deleted: e Seasonal open sales lots for agricultural and horticultural products - - - produced on the premises. Li, Pick -your -own or cut -your -own type sales operations for products ' grown on the premises. We assume that "poultry farms" is/are. also "commercial agriculture", so poultry farms need not be a separately stated use. This section should only address permitted . uses — not buildings. The entire section addressing non -farm buildings does not seem appropriate in 2006. Such clauses usually amount to the "hired man" or `son farm partner" strategy — most of the time related to dairy operations. Staff does not think this is valid today in Lake Elmo unless somebody conies up with another reason for this provision. We believe that the "private gardens" clause may relate to the experiment at Fields of St. Croix — no longer operating we believe.; _ 2. Uses Permitted by Conditional Use Permit. a. Greenhouses; b. Kennels; c. Stables; d. Commercial recreation, including outdoor target ranges; e. Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including sorting, grading and packing fruits and vegetables for the owner, lessee or sublessee; agricultural produce milling and processing for the owner, lessee, or sublessee; horticultural services; fruit picking; grain cleaning; veterinary services; boarding and training of horses; f. Onen Snace Preservation residential develonment as regulated by this Chanter. c. Non-agricultural Low Impact Uses as defined and regulated by this section. What is a commercial recreational use. "ofa rural nature"?. 3. Accessory Uses and Structures. a. pses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures_, Home Occupations as regulated by the City Code. - Deleted: f. One farm dwelling per farm (Also see Section 300.13, Subd. 2 and Subd. 16)9[ Formatted: Font: Not Italic 1 Deleted: h. Deleted: i. ' Deleted: j... Joint ownership of property or ownership by association or rental for the purpose of providing private gardens or forest plots to its members or lessees. Formatted: Underline - -f Formatted: Font: Italic Deleted: of a rural nature - -t Formatted: Font: Italic IDeleted: (See Section 300.13, Subd. 3 and 4) Deleted: • • I Deleted: as defined in Section 150;I - Deleted: b. Private garages, carports. screen houses, conservatories, playhouses, swimming pools and storage buildings, as defined in Section 150, for use by occupants of the principal structure Deleted: q 1 Deleted: . We have no idea what "as defined by Section 150" means in "a." The structures describe in Para2ranh "b" seems to be included in parakranh "a " 4. Minimum District Requirements. Agricultural Zoning District Lot Size Lot Width Primary Building setback from property lines: Front: Side: (Interior) Rear: Side Corner: Arterial Street: Primary Building Height , Off Street, Accessory Building or Structure setback from property lined 4.) Front: Side: (Interior) Rear: Side Corner Arterial Street Setback for all animal buildings, feedlots, and manure storage sites shall be as follows: Any property line Any existing well, or residential structure on the same parcel Any existing well, or residential structure on an adjacent or nearby parcel. Any body of seasonal or year-round surface water Setback for all uses permitted by a CUP from residential Zoning Districts ,Dwellings and Related Structures and Activities= Nominal 40 acres A forty acre parcel not reduced by more than ten percent (10%) due to road rights -of -way and survey variations 300 feet 100 feet 100 feet 100 feet 100 feet 100 feet 35 feet N/A 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 50 feet 200 feet 200 feet 660 feet 1 Formatted: Font: Italic Deleted: Farm Deleted: and Non -Farm Dwellings if not Clustered Deleted: (Also see Section 300.11) _ - ( Deleted: (Also see Section 300.12) 1 Deleted: Parking (Also see Section 300.13, Subd. 6) Deleted: : (Also see Section 300.13, Subd. 3 and Subd. 1 Deleted: (Also see Section 300.13 Subd. 3. and Subd. 4.) - -( Deleted: RI, R2. R3, R4 } 1 The "Clustered Development" standards have been deleted totally. Unless somebody conies up with a Rood reason to retain "Cluster Development" in addition to OP staff supeests these standards and the text below be deleted., Agricultural Zoning District - Minimum District Requirements (continued) Septic Drainfield Regulations , 1 All lots must have sufficient areafor two separate and distinct drainfield sites. { Formatted: Font: Italic Deleted: (Also see Section 700) d Deleted: at least (1) one acre of land /l suitable for septic drainfields and area I rDeleted: Minimum Lot Size for Clustering Deleted: The entire tract of land for which a cluster development as proposed shall not be less than sixty-one (61) acres in size Placement of the second required drainfield betweei the trenches of the first drainfield is prohibited. Minimum Width of Primary Dwelling All dwelling units must be at least twenty (20) feet',' or Structure wide through the main living area of the structurtr.; Footings All dwelling units must have frost footings. Continuous frost footings are not required for porches, decks, and other appendages as long al:, r, 97. Deleted: Cluster Density Deleted: The maximum number of dwelling units proposed for the entire tract. including any existing dwellings shall not exceed one (1) unit per forty (40) acres or major part of the tract. For example, a tract of land consisting of 101 acres might qualify for three (3) dwelling units on a prorated bases. Deleted: Minimum and Maximum proper post -type footings, per existing Building, Road Frontage in Cluster Development Codes are constructed. i Deleted: A azce1 on which a dwelli " P ng ' unit is located shall have at last one hundred twenty-five (125) feet of frontage along a public street and a maximum of five hundred (500) feet 4 Deleted: Signage i Deleted: See Section 535 l _ - - Deleted: Driveway Width J l - 1 Deleted: See Section 1405.07 Deleted: Clustered Development Standards. The Council hereby finds that cluster development. as defined in this section, provides a means to preserve good agricultural land, open green space. scenic views. and other desirable features of the natural environment. It is, accordingly. the purpose of the cluster development standards to permit and encourage cluster development where appropriate.9[ i ¶ .. The owner of any tract of land in an agricultural district may submit a plan for the use and development of the tract of land as a cluster development and apply for a permit authorizing completion of the project according to the plan. The plan d for the proposed project shall conform to all of the regulations applicable to agricultural districts, except as -followsi a. A plat shall be approved that complies with the City's subdivision ordinance: the entire parcel of land shall be included '' within the plat;91 b.. All new lots created by the chi( f31 II Deleted: f ( Formatted: Font: Italic Page 2: [1] Deleted Liz 9/12/2006 12:44 PM b. Poultry facilities meeting state and federal regulations c. Farm buildings d. Farm drainage and irrigation systems Page+3': [2] Deleted Liz 9/12/200612:52 PM f. One farm dwelling per farm (Also see Section 300.13, Subd. 2 and Subd. 16) g. One non -farm dwelling per each forty (40) acres, or part of a dwelling on a prorated basis, not already containing a farm or non- farm dwelling provided: i. The dwelling unit is located on a separate parcel of record in the office of the county recorder and/or County Auditor, which shall be at least one and one-half (1 1/2) acres in size. ii. The parcel on which the dwelling unit is located must have at least one hundred twenty-five (125) feet of frontage along a public street, be rectangular in shape and no dimension to be greater than three times the other. iii. The dwelling is separated by at least three hundred (300) feet from the nearest farm building. Page 5:[3] Deleted Liz 9/12/2006 1:47 PM Clustered Development Standards. The Council hereby finds that cluster development, as defined in this section, provides a means to preserve good agricultural land, open green space, scenic views, and other desirable features of the natural environment. It is, accordingly, the purpose of the cluster development standards to permit and encourage cluster development where appropriate. The owner of any tract of land in an agricultural district may submit a plan for the use and development of the tract of land as a cluster development and apply for a permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to all of the regulations applicable to agricultural districts, except as -follows: a. A plat shall be approved that complies with the City's subdivision ordinance; the entire parcel of land shall be included within the plat; b.All new lots created by the cluster development shall be contiguous. c. Each lot created shall be used for no more than one single family home which shall meet the following requirements: i. Each dwelling unit shall be located on a separate parcel of record in the office of the county recorder and/or County Auditor; the separate parcel shall be at least one and one-half (1 1/2) and not more than two (2) acres in size, except the remaining large lot. d. Any land which is to be set aside as an outlot shall be clearly identified as such on the plat, and shall be dedicated as permanent open space in a manner approved by the City Attorney and City Council. B. RR - Rural Residential. 1. Purpose The purpose of the RR zoning district is to permit estate and "hobby farm" use of land as an alternative to large scale commercial agriculture/urban appearing residential uses while maintaining rural character by preserving open space. This purpose may also be accomplished using the Open Space Preservation Ordinance within the RR zoning district. 1. Permitted Uses € nd-Struu-cs. a. One family residential dwellings; (Also sec Section 300.13, Subd. 2 and Subd. 16) b. Commercial Agriculture Farm, suburban or rural within the limits defined in the performance standards for livestock; c. Kennels per ittod a conditional use permit. 2.Uses Permitted by Conditional Use Permit. a. Kennels b. Home Occupations c. Open Space Development as regulated by this chapter. 3-2. Accessory Uses and Structures. (Also sec Section 300.13, Subd. 3 a 474 a. Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed uses and-stnic umo; ecces� structures cannot exceed the size of tho p, noipc1 iil g; b. Structures for harboring domestic animah is accordance with the following ratio: 3. Minimum District Requirements. Lot Size Lot Width (See Section 400.05 Subd. 1 C.) Primary Building or Structure Setback from property lines (Also see Section 300.11) Front Side (Interior) Side (Corner) Rear Arterial Street Primary Building Height (Also see Section 300.12) Off -Street Parking (Also see Section 300.13, Subd. 6.) Accessory Building or Structure setback from property lines: Front: Side (Interior): Side Corner Rear Arterial Street Accessory Building Height (Also see Section 300.12) Setback for all animal buildings, feedlots, and manure storage sites as follows: (Also see Section 300.13, Subd. 3 and Subd. 4.) Rural Residential (RR) Zoning District Nominal 10 acres A ten acre parcel not reduced by more than ten percent (10%) and/or a ten acre parcel located on a corner or abutting a street on two sides not reduced by more than fifteen percent (15%) due to road right-of-way and survey variations 300 feet 30 feet 10 feet 25 feet 40 feet 50 feet 35 feet 3 spaces per unit 30 feet 10 feet 25 feet 40 feet 50 feet 14 feet 5 to 7 acres If Clustered 125 feet 30 feet 10 feet 25 feet /10 feet 50 feet same 30 feet 10 feet 25 feet /1 0 feet 50 feet 14 feet Any property line: Any existing well, or residential structure on the same parcel Any body of seasonal or year- round water Setback for all uses permitted by Conditional Use Permit from R1, R2, R3, R4) 100 feet 50 feet 200 feet 250 feet Rural Residential Zoning District - Minimum District Requirements (continued) Septic Drainfield Regulations All lots must have at least one (1) acre of land suitable for septic drainfields and area sufficient for two separate and distinct drainfield sites. Minimum Width of Primary Dwelling or Structure Footings Lot Configuration Mirrnun Lot Size for Clustering C.2(a=w Density Minimum Road Frontage in Cluster Development Lot Configuration if clustered Signage Maximum Width of Driveways Placement of the second required drainfield between the trenches of the first drainfield is prohibited. All dwelling units must be at least twenty (20) feet wide through the main living area of the structure. All dwelling units must have frost footings. Continuous frost footings are not required for porches, decks, and other appendages as long as proper post -type footings, per existing Building Codes are constructed. All lots must be rectangular in shape and any two adjacent sides must have an aspect ratio not exceeding 4:1. The entire tract of land for which a cluster developao proposed ;AIR r4 be less t: cr: twenty one (21) acre in ,ioe Tho maximum number of dwelling units proposed for the entire tract, including any o [i3tig dwollinx ohall e:Kteed four (1) aAi+e3 per forty 10 acres or major part of the tract. For example, a tract of land consisting of 101 acres might qualify for ten (10) dwelling units), on a prorated basis. A parcel in which a dwelling unit is located sha l have- at least one hundred twenty five (125) feet of frontage along c pablie street. All loto xruo be xsa\rgu& ir. thape and any two adjacent sides must have an aspect ratio not exceeding 3:1. See Section 535 See Section 1105.07 4-r-Seeeial-R-Kfuir-ements,-VsLhv it i rsa onably pooaihie that a pared zoned RR may' served Ix/ public utilities within a 10 to 15 year period, the applicant olxdl, piiar-te-the iocucax -e-f a b\ailding permit, provide a sketch subdivi ikx. r),m which illustrates roadway and setback loe tkxo should the propefty ro oubdivided in the future. 5.Clustered Dcvelo»ment-Sirel Ze-C until i s'c;y finds that d ir. thin section, providcc c min to preserve good ag'ailtuml land, open space, scenic views, and other desirable features of the natural envirorn nt. The purpose of these cluster developmm\farexdards is to pe&xit and encourage cluster development where appropriate. The owner of any tract of land ix a Rura Residential district may ribn-t a pan for the UN and development of the tract of'_aI: as a cluster development axd apply for a permit authorizing completion of the project according to that pan. 'T ho pk for the proposed Fojeet shall conform to all the regulation applicable to the 7U'a residential di�except as follows: ordinance. The entire parcel of land shall be included within the b. All now lots created by the cluster development of '_ be contiguous. The transfer of housing densities between parcels or part of the pa eol, be prohibited. c. Each lot created shall be used for no more than one single family home wh ki cball meet the following requirements. I. Each dwelling unit shall be located on a separate parcel of record in the office of the County Recorder and/or County Auditor; the separate parcol otx. be at least five (5) end not more than seven (7) acres in size, errroep the Ax: » ng krge lot. ii. A parer_ xx •TL&ch a dwelling ► k is locatod oil have at least one hundred twenty five (125) feet of frontage along a public street and no more t' c . a 3:1 ralio between lot dimensions. d. Any kaxd i to be set aside as an outlot be clearly marked as such on the plat, and shall be dedicated as permanent open space ix a n nner approved by the City Attorney and City Council. D. R-2 - Residential (14ieh 2 units per Acre Density). 1. Purpose The purpose of the R-2 zoning district is to permit residential development at a gross density of 2 units per acre in limited peripheral areas of the City as a transition use from urban scale development or zoning in adjacent cities to the exurban scale and density characteristic of Lake Elmo. All such development must be served bv municipal water and community sewer. and must be developed responsive the Open Space Preservation ordinance. R-2 zoning is intended only for lands classified RAD2 bv the Comprehensive Plan. 2 Permitted Uses . a. One family detached dwellings; b. Two family Townhouse style dwellings in accordance with the standards of the Open Space Development Ordinance.provided they do not exceed fifty percent (50%) of the units in a block; 3.2, Accessory Uses . a. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures; h. Fk' vctc garages, carports, screen houses, conservatorr,s, playhouses, sv rrmk-g pools, and storage buildings for use by occupants of the principal orrcxlu2. xihj • et to specific standards of Chapter 300.13, Subd. 3 and 4.; a. Temporary real estate tract office for the purpose of selling lots on the tract upon v.tieeh it located; b.4E1 Home occupations. 3. Minimum District Requirements. R-2 Zoning District Lot Size Lot Width Building setback from property lines (A-lse sec Section 300.11) Front: Side (Interior): Side (Corner): Rear: Arterial Street: Primary Building Height (Also see Section 300.12) Accessory Buildings and °tm. ures Accessory Building and Structures Height (Also see Section 300.12) Off -Street Parking (Also see Section 300.13, Subd. 6.) Septic and Water Supply Drainfield Regulations (Also see Section 700) One Family - 18,500 square feet 1 1/2 acre per cov,v! 7,500 feet per unit with oa ii j power Townhouse - 8,000 square feet per unit Two Frady 1 1A3 a c per unit without-saffita sewer 6,000 sq. ft per unit with it itary sewer One Family-75 feet at front yard setback line with sanitary sewer 12> feet without s „;tary sewer Townhouse - not applicable Two Fan ily 100 feet at front yard setback line with sanitary sewer, 200 feet without sanitary sewer 30 Feet 10 Feet 25 Feet 40 Feet 50 Feet 35 Feet See Section 300.13, S'abd. 3 and Subd. I. 14 feet 3 Spaces Per Unit All lots must connected with the municipal water supply and served by a community septic treatment system. have at least one (1) acre of land c74ita 3e for septic drainfields and area sufficient for (2) separate and distinct drainfield cam Placement of the second required drainfield between the trenches of the first drainfield is Maximum Width of Primary Dwelling Footings All dwelling units must be at least twenty (20) feet wide through the main living area of the structure. R-2 Zoning District (Minimum District Requirements con't) The primary structure must have continuous frost footings. Continuous frost footings are not required for porches, decks, and other appendages so long as proper post type footings per existing Building Codes are constructed. Maximum Impervious Surface Coverage &r,irsux Width of Driveways See Section 1105.07 See Section 535 MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Commission From: Kelli Matzek, Assistant Planner Subject: Zoning Code Rewrite We will be discussing the following topics: • Fencing, Screening, Landscaping I will bring the revised code with your requested changes from the September 20th meeting as well as additional code to the meeting for your review. I have utilized the legislative formatting suggested by the Planning Commission at the last meeting. The regular text is the existing Lake Elmo Code. The bold text identifies from where the existing Lake Elmo code was pulled. The underlined text is proposed and the striken text is removed. The proposed language I have pulled from other city codes (Oak Park Heights and Plymouth primarily). Changes were made to correct generic spelling mistakes and the format was changed. The next meeting will be held on Monday, October 2"d at 7:00 p.m. At that time we will be discussing the following topics: • Off -Street Parking and Loading • Building Relocation • Day Care Nursery Facilities • Essential Services DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 Fencing, Screening, Landscaping 154.290 Fence Permits Required 154.291 Fence Height 154.292 Fence Materials 154.293 Fences in the Shoreland Overlay District 154.294 Temporary Fences 154.295 Agricultural Exemption 154.296 Fences as Screening and Security as Required by This Code. 154.297 Fences as Non-conforming/Hazardous Structures 154.298 Other Provisions of Code 154.299 General Landscaping and Maintenance 154.300 Required Fencing and Screening 154.301 Required Landscaping 154.302 Tree Preservation 154.303 Screening of Mechanical Equipment Off-Str et Pi rking a . y ding, 154.31(0 / Purp cope q'f Re pry" ations 54.3 " enera-ev-isi FENCING, SCREENING, LANDSCAPING (Taken from 1360 and 302 Fences) 154.290 FENCE PERMITS REQUIRED. Except as noted herein, installation of all fences require a fence permit issued by the City of Lake Elmo. (A) Said permit shall be applied for on such forms, include such documentation, and include such fees to the City for processing as may be prescribed from time -to -time by the City Council. (B) Fences exempt from requiring an installation permit are limited to the following: (1) Fences of any type installed for the sole purpose of the keeping of Domestic Farm Animals, as defined by Section 150 of the City Code, and regulated by Section 300.13, Subdivision 15E of the City Code. All such fences shall be removed by the property owner within 6 months of the termination of the keeping of Domestic Farm animals, unless an extension is specifically authorized by City Council action. (2) Fences of any type installed by Municipal, County or State governments and Public Utilities for facility security or the delineation and/or protection of Public Rights -of -Way. F - 1 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 (D) Failure to obtain a City Fence Permit prior to the installation of any fence subject to this regulation shall result in an automatic double permit fee, in addition to any corrective measures to bring said fence into compliance with the standards for fences prescribed by the Lake Elmo Zoning Ordinance. 154.291 FENCE HEIGHT. (A) Fence Height in Street Setbacks. No fence shall be constructed exceeding 42 inches in height measured from grade within any front, side, or rear street setback. Fences constructed within the prescribed street set back areas shall be at least 50% open to air and light. (See Figure 302.1) (B) Fence Height in Interior Yards. No fence shall be constructed exceeding 72 inches in height measured from grade in interior yards; and, any portion of such fence above 42 inches measured from grade shall be open to light and air over 75% of the surface area. (See Figure). (C) Fences on Double Front Lots. Lots with fronting improved public streets at both the rear yard and the front yard may apply the standards of Section 302.01 Subd. '2 for fences paralleling the rear yard upon the approval of a Conditional Use Permit. The terms of Section 305 Subd 4. shall apply to Conditional Use Permit applications. (D) Grade Defined. The grade from which fence height measurements are calculated shall only be from either natural grade or grade modified responsive to a grading plan approved by the City; and, shall not include the height of berms or introduced increases in ground elevation that would raise the effective fence height over that which would be otherwise permitted by this Section, except that a combination of raised grade and fence that would exceed in sum the fence height permitted by this section may be specifically approved by the City Council as an element of a subdivision plat or commercial site plan approval establishing specific property grading and topography. 154.292 FENCE MA I'ERIALS. (A) Permitted Fence Materials. Permitted fence materials shall be limited to brick, stone, wood planks, split rail, wrought iron, and as regulated by Section 302.04. Vinyl or composite material fences shall also be permitted. (B) Finished Face of Fence. That side of the fence considered to be the face (finished side as opposed to structural supports and frame) shall face abutting property and Public Streets. (C) Chain Link or Cyclone Fences. Chain Link, and wire mesh fences are permitted to a maximum height of 72 inches measured from grade. No chain link, cyclone or wire mesh fence shall be permitted in any front, side, or rear setback. (See Figure 302.2) F-2 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 154.293 FENCES IN THE SHORELAND OVERLAY DISTRICT. (A) No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as defined by Section 150 of the City Code except where the principal structure is at least partially located within said OHW setback. Where the principal structure is at least partially located within the OHW setback, fences complying with the standards of Section 302..01 Subd 2 may be constructed within the side yard area of said principal structure, but not extending beyond the front and rear exterior walls of the principal structure. Decks, porches and landings of any type shall not be considered a part of the principal structure for the purpose of deteiiiuning allowable fence. 154.294 TEMPORARY FENCES. (A) Defined. For the purposes of this ordinance Temporary`' Fences are those that are installed and removed on a seasonal basis, such as snow fences and garden fences. Temporary Fences shall be open to light and air over not less than 40% of the fence surface area. (B) Duration and Limitation., No snow fence shall or posts therefore shall be installed prior to November 1, and must be removed prior to April 15. (C) Height and Location. Temporary Fences shall comply with the fence and fence location standards of Section 302.01 except that snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Building Official. 154.295 AGRICULTURAL EXEMPTION. Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined by Section 150 the City Code, are specifically exempted from the provisions of this section. Any such agricultural fencing shall be at least 75% open to air and light. 154.296 CODE. FENCES AS SCREENING AND SECURITY AS REQUIRED BY THIS The Lake Elmo City Code and Zoning Ordinance include prescribed physical circumstances of a site where screening of uses, equipment, and outside storage is required. In those prescribed circumstances, fences not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (A) Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located, except where F-3 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 residential zoned lots share a common property line with commercial uses or commercial zoning districts and only on the common property line between the residential and commercial parcels. (B) The provisions of Section 302.01, Subd. 3 of this Chapter regarding fence height measurement from grade shall apply. No combination of earthen berm and fence may exceed the 72 inch maximum height for screening. 302.02. (C) Materials used for screening shall be limited to those specified by Section (D) No such screening shall be roofed or covered in any manner. (E) The total area of any parcel enclosed by solid fencing shall not exceed the maximum allowable area for an accessory structure in the zoning district in which the parcel is located, less the sum of the area of any accessory structures located on the same tax parcel. The area enclosed by screen fencing shall maintain a ratio of width to length of no greater than 2:1. (See Section 300.13 Subd. 4). (F) Outdoor Living Area Extensions. Solid fencing to a maximum height of 72 inches may be used to enclose outdoor extended living areas of a principal structure, subject to the following standards: (1) The area enclosed by outdoor extended living area fencing shall not exceed an enclosed area of 500 square feet. (2) Fence utilized to enclose an outdoor extended living area shall be extended to a point not more than 6 inches from the principal structure at one fence termination point. (3) Fence utilized to enclose an outdoor extended living area shall not extend into side yard of a lot beyond the existing building line of the existing principal structure, nor shall such fences be located in any side or front street yard. (See Figure 302.3) 154.297 FENCES AS NON-CONFORMING/HAZARDOUS STRUCTURES. Fences shall be considered to be structures for the purposes of applying the terms of the Non -conforming structure provisions of the Zoning Ordinance, and the Hazardous Structures provisions of City Code and State Statute. 154.298 OTHER PROVISIONS OF CODE. To the extent that provisions of this Section may conflict with other provisions of the City Code regarding the regulation of fences and screening, the provisions of this Section only shall apply. F-4 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 154.299 GENERAL LANDSCAPING AND MAIN'1'LNANCE (Taken from Sec. 1365 Landscaping) (A) The landscaping required on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and mulch, plantings, or as may be reasonably necessary to protect the soil and aesthetic values on the lot and adjacent property. In all districts, all developed land shall have landscaping from the cxirh and gutter to the road right of way lines. Landscaping shall be provided and maintained on all required front Ada in a developed districts except where pavement or crushed stone is used for walkways, driveways, : pc'lg areas. All exposed ground areas. including street boulevards, and areas not devoted to off-street parking. drives,: sidewalks, patios or other such improvements shall be landscaped within one (1) year following the date of building occupancy. It shall be the responsibility of the owner tosee that the landscaping is maintained in an attractive and well kept condition. (B) ThO k dscaped yard All landscaped areas shall'. be kept clear of all structures, exterior storage, and off-street parking unless otherwise authorized by this Chapter. (C) Where landscaping is required as part of City approvals. any plant material which is diseased or dies shall be replaced with like kind of the original size. (D) Fences and/or plantings placed upon utility easements are subject to removal by the City or utility.sompanv ifrequired for maintenance or improvement of the utility. In such case, costs for jemoval and replacement shall be the responsibility of the property owner. Trees on utility easeme9,0 containing overhead wires shall not exceed fifteen (15) feet in height. and such trees shall be the property owner's responsibility to maintain. (E) All open areas or any site, lot, tract, or parcel not otherwise improved shall be graded to provide adequate drainage and shall be landscaped. (F) All lots, tracts, or parcels shall be properly maintained in accordance with their natural or existing character. 154.300 REOUIRED FENCING AND SCREENING (Taken from 1345 — Screening) 1315.02 Screening Defined. Screening shall be defined as fences at least 5 fct high or earthen b✓rma atlea�ee feet high with compact evergreen or deciduous hedges which extend at loot three feet beyond the object to be screened, or vegetative or k da�:ping materials sufficient to MOVE TO DEFINITIONS AND REWORD (A) Residential Uses. Eubd. 1 Fixccning. F-5 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 (1) Screening shall be required in residential districts for any off-street parking area which contains more than four (4) parking spaces and is within thirty (30) feet of an adjoining residential lot. (B) Multiple Family Uses (1) Where any townhouse, manor home, manufactured home park or apartment dwelling structure abuts property zoned for less dense residential use, the higher density residential use shall provide screening along all off-street parking or formal outdoor recreational activity areas to mitigate possible adverse impacts. Housing of similar types and densities shall not be subject to special screening requirements for formal outdoor recreational activity areas. 4 (2) Along boundaries where parking or formal outdoor recreational activity areas exist, all the fencing and screening specifically required by this Chapter shall be subiect to Section 21105.05 and shall consist of either a fence or a :green belt planting strip as provided for below. (a) A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual buffer. This planting strip shall be designed to provide complete visual screening to a minimum height of six (6) feet. Alternatively, earth mounding or berms may be used to achieve all or a portion of the required buffer. The screening plan including type of plantings and beiuring shall require the approval of the City, as part of the site plan review pursuant to Section 21045 of this Chapter. (b) A required screening fence shall be constructed of material identified in Section 154.292 of this Code. Such fence shall provide a solid screening effect of six (6) feet in height. The design and materials used in constructing a required screeg fence shall be subiect to the approval of the City as part of the site plan review pursuant to Section 21045 of this Chapter. The City Council may also require plantings of shrubs or trees in association with required fencing. (C) Non -Residential Uses. Seled. 2 Buiness, Industrial Screening (1) Where any business or industrial non-residential use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry non-residential use shall be screened provide screening along its the boundary of with the residential property. Screening shall also be provided where a poking lot, or industry non-residential use is across the street from a residential zone, but not on the side of a business or industry non-residential use considered to be the front (as determined by the Zoning Administrator). All the fencing and screening specifically required by this Chapter shall be subiect to Section 21105.05 (Traffic Sight Visibility) and shall consist of either a fence or a green belt strip as provided for in Section 154.292. B.2a and B.2b. F-6 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 1315.01, Subd. 5 Loading Docks. (2) Loading docks shall be screened from all streets and adjacent property unless they are at the rear of the building which abuts another commercial use. The property owner may provide a 30 foot landscaped area between the dock and the property line where screening is not possible. 1315.01, Subd. 3 Exterior Storage (D) All exterior storage shall be screened as required by Section 1340.02 of this Code. 154.301 REQUIRED LANDSCAPING (Taken from 520 — Plan Review) Ex:KTX has hereinafter provided, every person, before commending construction or alteration of a structure, ohcaM acbmit to the Zx mrg Administrator the following documents card ksformation: •(3) Lnsdo© sg end omcening plan. (a) Complete landsoaping, oareening, and o o -ol p1ars al-x.l be prepared and signed brj a professional landsocpo a z'-itect or profesan pk,xxsef with eduoationcl training or work expericavc .: lend Leclysis and sits pk.n peparation. These plate b 1 include: slopes; 1. Jatailed natural land analyn , inthxling vegetation, soil type, a T 2. Man nwIde features (berms, fences, and the like); 3. P aria of all proposed vegetative land:rocp .g materials including: placement, Latin name/coxxm Dam caliper/height, and q.xxitity; Details of,propos d rxs vegetative landscaping materials; and 5. "Pkxxsi: b and construction schedule for completion of landscaping and orKwg, sass (b) The -fin landscaping and screening ploy muc be approved by the Council/engineer at the time of the site plan review. (c) The plan for landscaping ohall include ground cover, bushes.;, trees, sculpture, fcwttca\so, decorative walks, or otha of .ik site design features or materials in a quamity aving .,lue .,fo ith, the fone „btable. PFe jeet value (rn,1udin„ uildin.. , n..trNe Tien, Percentage of Total Projoe. Mesa^ to Be Allocated to Landscaping F-7 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 $1,000,001 t $2,000,000 1 and 3/4% , 1 and 1/2% 1 and 1/4% (d) All landscaping must be guaranteed for 2 growing noworo, r;ith a bond or security deposit. (A) Landscaping - Public, Semi -Public, Institutional, Multiple Family, Manufactured Home Park, Commercial, and Industrial Uses. Prior to approval of a building peiulit, all above referenced uses shall be subiect to mandatory landscape plan and specification requirements. Said landscape Dian shall be developed with an emphasis upon the boundary or perimeter of the proposed site at points adioining other property. and the immediate perimeter of the structure. All landscaping incorporated in said plan shall conform to the following standards and criteria: include: (1) Landscape Design Elements. Elements of `landscape design may (a) Existing topographical and vegetative features. (b) Berming. (c) Plantings, including the required minimum number of overstory trees. understory trees, shrubs, flowers, and ground cover materials. (2) Types and Species of New Trees. (a) All tree species shall be indigenous to the appropriate hardiness zone and physical characteristics of the site, as specified by the City Forester. (b) To the extent possible, native drought -resistant trees shall be utilized. (c) All types and species of overstory and understory deciduous and coniferous trees and their cultivars shall be consistent with the City of Lake Elmo's Landscape Tree List, as provided by the City Forester. (d) The complement of trees fulfilling the requirements of this section shall be not less than twenty-five (25) percent deciduous and not less than twenty- five (25) percent coniferous. F-8 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 (3) Number of Trees. The minimum number of new overstory trees on any given site shall be as follows: (a) Multiple Family Uses. Townhouse, manor home, manufactured home park and apartment dwelling structures shall require as a minimum: one (1) new tree per dwelling unit. (b) Non -Residential Uses -- New Development. New non- residential developments or uses shall require at a minimum the greater of: 1. One (1) new tree per one thousand (1,000) square feet of gross building floor area: or 2. One (1) new tree per fifty (50) lineal feet of site perimeter. (c) Non -Residential Uses -- Expansion to Existing Development. Expansion of existing non-residential developments or uses shall require at a minimum one (1) new tree per one thousand (1,000) square feet of expanded gross floor area. (d) Overstory Trees. An equivalent of un to fifty (50) percent of the required number of overstory trees may be substituted with the use of overstory trees in combination with other landscape design elements as listed in Section 154.293 A.1, above. In such case, not less than three (3) uriderstory trees shall be provided for each one (1) required overstory tree substituted. size: (4).= lanting Size. (a) Required trees shall be of the following minimum planting 1. Deciduous Trees. Two and one-half (2.5) inches in diameter as measured from six (6) inches above the ground. 2. Coniferous Trees. Six (6) feet in height. (b) A minimum of fifteen (15) percent of the required minimum number of trees for multi -residential developments shall be long-lived deciduous trees, three and one-half (3.5) inches in diameter as measured six (6) inches off the ground. (c) Evergreen shrubs used for screening purposes including those used in conjunction with berming shall be a minimum of thirty-six (36) inches in height. (5) Spacing. F-9 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 (a) Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings or public right-of-way based on the iudgment of the Zoning Administrator. (b) Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator. (c) The spacing of trees shall be appropriate to the type of tree species provided. Where massing of plants or screening is intended, large deciduous shrubs shall not be planted more than four (4) feet on center, ric.or evergreen shrubs shall not be planted more than three (3) feet on center, unless otherwise approved by the City Forester. (6) Sodding and Ground Cover. All areas not otherwise improved in accordance with approved site plans shall be sodded. Exceptions to this criteria may be recommended by the Planning Commission and approvedbv the City Council as follows: (a) Seeding may be provided in lieu of sod in any of the following cases: shown on approved plans. wetlands. 1. Where the seed is applied to fufure expansion areas as Where the seed is applied adiacent to natural areas or 3. Where the seed is applied to low maintenance areas along side principal arterials which are defined by the Comprehensive Plan. •(b) Undisturbed areas containing existing viable natural vegetation whieh can be maintained free of foreign and noxious plant materials. (c) Areas designated as open space or future expansion areas properly planted and maintained with prairie grass. (d) Use of mulch materials such as bark and wood chips s in support of shrubs and foundation plantings. (e) For single family residential properties, portions of rear yards which lie beyond twenty-five (25) feet of the lot's principal building may be seeded, except in cases where the rear yard abuts a public street. Where a rear yard abuts a public street, that portion of the rear yard within 25 feet of the lot line shall be sodded. Proper erosion control measures shall be implemented and maintained until vegetation is established. F-10 DRAFT Zoning Ordinance September 25, 2006 City of Lake Elmo Portion 18 (7) Slopes and Berms. (a) Final slope grades steeper than the ratio of three to one (3:1) shall not be permitted without special approval treatment such as ground cover, terracing or retaining walls. (b) Berming used to provide required effective screening of parking lots and other open areas shall have a maximum slope ratio of three to one (3:1). (8) Planting Method. All trees shall be planted in a method, and pursuant to specifications, as prescribed by the City Forester. (9) Landscape Guarantee. All new plants shall be guaranteed for two (2) full years from the time planting has been completed."' All plants shall be alive and in satisfactory growth at the end of the guarantee period orbe replaced. 154.302 TREE PRESERVATION A tree preservation plan shall be submitted in conjunction with any proposal that includes a subdivision application, in accordance with Chapter 5 of the City Code. 154.303 SCREENING OF MECHANICAL EQUIPMENT All rooftop and ground mounted mechanical equipment of icon -residential buildings shall comply with the followins standards: (A) All rooftop and around mounted mechanical equipment shall be buffered so as to mitigate noise in compliance with Section 21105.10 of this Chapter. 1315.01, fiabd. 1 Mechanical Apparatus on Roofs. (B) All mechanical apparatus on roofs shall be screened. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral dart of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening. (C) Rooftop mechanical equipment less than three (3) feet in height shall be exempt from the screening requirements of Section 21130.05, Subd. 2 of this Chapter. F-11