HomeMy WebLinkAboutPZ PACKET 4-12-21
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on
Monday April 12, 2021 at 7:00 p.m. AGENDA Please note:
Note: Social Distancing protocols will be in place in the City Council Chambers due to the Corona Virus pandemic. 1. Pledge of Allegiance
2. Approve Agenda 3. Approve Minutes a. March 8, 2021 4. Public Hearings
a. Sunflower Meadows - Preliminary Plat and Preliminary OP- PUD Plans (2500 Manning Ave. N.)
b. Zoning Code Text Amendment – Lake Elmo Airport Zoning Ordinance 5. New/Unfinished Business
a. None 6. Communications/Updates a. City Council Update 03-16-2021 Meeting – No Planning/Land Use Items 04-06-2021 Meeting – Legacy at North Star 4th Addition Final Plat b. Staff Updates c. Upcoming PC Meetings: 1. April 26, 2021 2. May 10, 2021 7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations.
Lake Elmo Planning Commission Minutes; 3-8-21
City of Lake Elmo
Planning Commission Meeting
Minutes of March 8, 2021
Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at
7:01 p.m.
COMMISSIONERS PRESENT Virtually: Risner, Graen, Aldinger, Weeks, Mueller
COMMISSIONERS ABSENT: Steil
STAFF PRESENT Virtually: Planning Director Roberts, Assistant City Administrator Jake Dickson
Pledge of Allegiance at 7:06 PM Approve Agenda:
M/S/P: Graen/Aldinger moved to approve the agenda. Vote: 5-0, motion carried unanimously.
Approve Minutes:
M/S/P: Mueller/Graen moved to approve the Planning Commission minutes of February 22nd ,
2021. Vote: 5-0, motion carried unanimously.
Public Hearings:
a. FINAL PLAT/FINAL PUD APPROVAL: Legacy at North Star 4th Addition final plat. This final plat would create 62 lots for single family homes and would be located generally west of Kokanne Avenue North and north of 39th Street North. Director Roberts introduced and presented the proposed Legacy at North Star 4th Addition final plat/final PUD approval for the public hearing. Commissioner Risner asked why the staff recommend taking payment instead of 2.74 acres land dedication. Director Roberts stated that this Staff decision was prompted by the 2018 agreement with the Developer. Chairperson Risner opened the public hearing at 7:22 PM. No questions were asked by the public. Public hearing closed at 7:23 PM.
Applicant Craig Allen was available to answer any questions posed by the Planning Commission. No questions were asked.
Craig Allen did ask when the water ban would be lessened, and Commissioner Weeks stated that the new Well # 5 should be up and running this summer.
Lake Elmo Planning Commission Minutes; 3-8-21
Commissioner Aldinger asked for clarification between stormwater reuse verses infiltration basins. Allen described the infiltration basins typical location and usage. M/S/P: Graen/Mueller moved to recommend approval of the Legacy at North Star Fourth Addition Final Plat and PUD Plans with recommended findings and conditions of approval. Vote:
5-0, motion carried unanimously.
M/S/P: Mueller/Graen moved to approve the easement vacation request to vacate existing drainage and utility easements over Outlot B and E, subject to conditions of approval. Vote: 5-0, motion carried unanimously. New/Unfinished Business: a. ZONING CODE TEXT AMENDMENTS: Zoning Code Clean Up: Director Roberts reviewed with the Planning Commission several proposed changes to the Zoning Code. The proposed changes include corrections to several parts of the text of the zoning code that will not drastically change the intent or purpose of the zoning code. The Sections of the Zoning Code proposed for changes are 154.080 E (Lake and Stream Frontage), Section 154.080 I (Minimum Area requirements for Lots without Public Sanitary Sewer), Section 154.081 A (permitted encroachments in any yards), Section 154.081 (permitted encroachments in side and rear yards) and Section 154.551, reference standards listed in Table 12-1: Permitted, Conditional and Interim Uses, Commercial Districts. Director Roberts presented the City Council changes for the Zoning Code Text Amendments. Commissioner Weeks questioned whether 154.080 E language is in conflict with the Shoreland Ordinance.
Director Roberts recommended the Commission table action on Section 154.080 E, so staff may
find more information for better clarification. Director Roberts clarified the proposed changes for Section 154.080 I, Section 154.081 A, and Section 154.551.
Commissioner Weeks asked if the city does have an encroachment agreement form. Director Roberts answered that we do have an encroachment agreement form that is filled out and signed by all parties involved. These forms are not specific to any certain encroachment.
Commissioner Aldinger asked for clarification on Section 154.081 A part B.
M/S/P: Weeks/Graen moved to recommend tabling Section 154.080 E for further staff review, and recommend approval of ordinance amendments of Section 154.080 I (Minimum Area requirements for Lots without Public Sanitary Sewer), Section 154.081 A (permitted encroachments in any yards), Section 154.081 (permitted encroachments in side and rear yards) and Section 154.550 and 154.551, reference standards listed in Table 12-1Vote: 5-0, motion carried unanimously.
Lake Elmo Planning Commission Minutes; 3-8-21
Communications/Updates a. City Council Update 03-02-2021 Meeting – City Council approved the Premature Subdivision Ordinance Amendment. b. Staff Updates Director Roberts reminded the Commission to please send him any comments regarding the Tree and Landscape Ordinance Amendments. c. Upcoming PC Meetings: 1. March 22, 2021 2. April 12, 2021
M/S/P: Weeks/Risner moved adjourn the meeting. Vote: 5-0, motion carried unanimously.
Meeting adjourned at 8:46 pm.
Respectfully submitted,
Diane Wendt
Permit Technician
PUBLIC HEARING ITEM __
STAFF REPORT
PLANNING COMMISSION
DATE: 04/12/2021
ITEM #: __– PUBLIC HEARING ITEM
TO: Planning Commission
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Sunflower Meadows Preliminary Plat and Open Space Planned Unit
Development Plans
REVIEWED BY: Ben Prchal, City Planner
Jack Griffin, City Engineer
BACKGROUND:
Mr. Paul Bruggeman of Bruggeman Builders is requesting city approval of a Preliminary Plat
and Development Stage (Preliminary) Open Space Planned Unit Development (OP-PUD) Plans
for a 12 lot single family residential development on +/- 32.83 acres (gross). A portion of the
development site is within the Shoreland of Downs Lake which triggers the need for a Planned
Unit Development because the proposed lots do not meet the lot width and impervious
requirements for Natural Environment lakes.
On July 21, 2020, the City Council reviewed and commented on a 14-lot concept plan for an OP-
PUD development for this site. The City Council approved the OP-PUD concept plan and they also
approved four deviations or variations to the City’s open space PUD design and development
standards including:
1. Allowing each home to have its own on-site septic system and drainfields rather than
having a community septic system or systems that would serve several homes
(communal drainfields are a requirement of the Shoreland Ordinance for PUDs).
2. Having a reduced buffer from the south property line for construction on the
development site (100 feet instead of 200 feet). This approval is subject to the
developer planting landscaping and trees for screening that are satisfactory to the
City.
3. Having lots with less than 80,000 square feet of lot area and lot widths less than 200
feet as required by the Shoreland Ordinance.
4. Not having commonly owned open space. As an alternative, the developer is
requesting the City allow it to place conservation easements on each lot that would
protect the natural features on the lot in order to meet the open space requirements.
This approval is subject to the developer installing signs at the border of the
conservation easement areas that notify the property owners to not disturb the
conservation area and to not put anything in the conservation easement area.
The City Council approved the Concept Plans with the adoption of Resolution 2020-074
(attached).
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PUBLIC HEARING ITEM 4A
ISSUE BEFORE THE PLANNING COMMISSION:
The Commission is respectfully being requested to review, hold a public hearing, provide feedback
to the developer, and make a recommendation to the City Council for the Preliminary Plat and
Development Stage (Preliminary) Open Space Planned Unit Development (OP-PUD) Plans for
the development to be called Sunflower Meadows.
GENERAL INFORMATION:
Applicant: Paul Bruggeman, Bruggeman Builders, Stillwater, MN 55042
Property Owner: Gary and Meg Johnson, 2500 Manning Avenue North
Location: 2500 Manning Avenue North, Lake Elmo.
PID#: 24-029-21-13-0002
Request: OP PUD Preliminary Plan and Preliminary Plat approval
Site Area: 32.83 acres (gross)
Existing Land Use: Single-family home and accessory buildings, agriculture
Land Use Guidance: Rural Area Development (RAD)
Current Zoning: RR – Rural Residential District
Proposed Zoning: Open Space PUD
Surrounding Zoning: OP PUD (Heritage Farms to the north), West Lakeland Township across
Manning Avenue (east), Rural Residential (RR) and Small lot residential
(RS) (south), RR (west).
History: The owners have used the property for hobby farming and the growing of
pumpkins. There is one single family dwelling and accessory building
on the property.
Deadline for Action: Application Complete – March 9, 2021
60 Day Deadline – May 8, 2021
Extension Notice sent – No
120 Day Deadline – July 5, 2021
Applicable Code:
Article 17 - Open Space Planned Unit Development Regulations
Article 20 – Shoreland Management Overlay District
Chapter 153 – Subdivision Regulations
§150.270 Storm Water, Erosion, and Sediment Control
PROPOSAL DETAILS/ANALYSIS:
Overview: The proposed Open Space (OP) PUD development will be located on a 32.83 acre property
located at 2500 Manning Avenue North, just south of the Heritage Farms OP PUD development.
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PUBLIC HEARING ITEM 4A
The proposed preliminary plan for the OP PUD is for a 12 single family residential subdivision on 32.83
gross acres with a density of +/- 0.37 dwelling units per gross acre (D.U.A). Much of the property is
within the Shoreland Management Area of Downs Lake. The Shoreland Ordinance has provisions for the
development of PUD’s in the areas near lakes, subject to additional design and performance standards.
In addition, the developer is proposing an OP PUD that would not meet all the City requirements for an
OP PUD and those for a residential development within a shoreland district. Such requested exceptions or
modifications include having lots that do not meet the lot width and lot area for new development near
Natural Environment lakes such as Downs Lake. I will discuss these requests in more detail later in this
report.
Land Use and Zoning: The proposed land use within the open space development is single-family
detached homes served by individual on-site septic systems. The 2040 Comprehensive Plan shows this
site guided Rural Area Development (RAD). Single-family homes are a permitted land use in areas
guided RAD and within the underlying rural residential zoning and as part of an OP-PUD.
Land Use and Zoning Flexibility. Proposed lot layouts and street widths in some cases do not meet
minimum zoning or shoreland ordinance requirements. The City’s OP PUD Ordinance allows for some
flexibility from zoning and subdivision requirements, subject to City Council approval. Single family
homes are a permitted use in the underlying RR zoning district.
Site Data. Of the 32.83 acres in the proposed subdivision, the developer is proposing to develop 28.82
acres into a 12 unit (previously proposed to be 14 units during the Concept PUD Plan phase) single
family residential OP-PUD development with a net density of 0.3676 du/acre.
Total Site Area:
Residential Lot Areas: 28.82 acres
Outlots: 4.01 acres
Rights-of-way: 3.53 acres
Wetland: 0.19 acres
Gross Density: 0.3655 units
per acre
Net Density: 0.3676 units
per acre
32.83 acres
Density. The proposed OP-PUD development includes 12 single-family home sites. The site is a total of
32.83 gross acres with a 0.19 acre wetland, and with no proposed parkland or arterial right-of-way. The
calculation of net density is as follows: 32.83 acre site – 0.19 acres (wetland) = 32.64 acres. 12 units
divided by 32.64 acres = 0.3676 units per acre. The net density is therefore 0.3676 units per acre. This
meets the City’s density requirements for an OP-PUD and for a rural residential land use of 0.1 – 2 units
per acre.
Outlots. The proposed preliminary plat, if approved by the City, would create a separate lot for each
single-family house, rights-of-ways for the public streets and outlots for the wetland and the ponding
areas. Outlots A, B and C are shown for the ponding areas within the development. All outlots would be
owned and maintained by a homeowner’s association.
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PUBLIC HEARING ITEM 4A
OP PUD Ordinance Regulations:
The following OP PUD Code sections are relevant to this proposal:
Section 154.657.B.7.a Open Space
1. The total preserved open space area within an open space PUD development shall be no less than
50 percent of the total gross land area
2. Land needed for storm water facilities . . . may count toward required open space for the purposes
of open space PUD design, but must ultimately be placed in outlots to be dedicated to the City.
3. Excluding land needed for storm water facilities, not less than 60 percent of the remaining
preserved open space shall be in contiguous parcels which are five acres of more in size.
Section 154.657.B.3 Required Buffer zones. No build zones as follows:
a. 200 feet buffer from all adjacent property lines that about an existing residential development
or parcel of land not eligible for future development as an open space planned unit
development (Applicable to the south side-west end)
b. If the development site is adjacent to an existing or approved OP development, the required
buffer shall be equivalent to the buffer that was required of the adjacent development
(Applicable to the north side of the site)
Shoreland Regulations
Most of the development site is in the Shoreland Boundary area of Downs Lake. The City has adopted a
shoreland management overlay district (Article 20 of the City Code) that regulates land uses and the
intensity of land uses within the shoreland boundaries of the lakes in Lake Elmo. The purpose of the
Shoreland Overlay District is to preserve and enhance the quality of surface waters and conserve the
economic and natural environmental values of shorelands. This is accomplished by regulating the
placement of improvements and structures and regulating the amount of land alterations and the intensity
of development that may occur in the shoreland management area. The shoreland boundary area and
management overlay district generally extends 1000 feet out from the ordinary high water mark of a
public lake, as determined by the Minnesota DNR.
The following is a listing of the most relevant shoreland regulations for this proposal:
For Unsewered lots – the minimum lot size is 80,000 square feet, the minimum lot width is 200 feet,
maximum impervious surface area allowed on each lot 15 percent
PUD’s – Section 154.800 C 11 Planned Unit Developments. (for PUD’s in a Shoreland Zone)
c. Density: Deviation from the minimum lot size standards of Table 17-3 of this ordinance (for
lot size and lot width) is allowed if the Standards in this section are met.
d. Application for a PUD. The applicant for a PUD must submit the following documents prior
to final action on the request:
1. Property owner’s association agreement with mandatory membership.
2. Deed restrictions, covenants, permanent easements or other instruments that:
a. Address future vegetative and topographic alterations, construction of additional
buildings
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PUBLIC HEARING ITEM 4A
b. Ensure preservation and maintenance of open space in perpetuity in accordance with
the criteria and analysis specified in this ordinance.
e. Design Criteria
General Design Standards.
1. Dwelling units must be clustered into one or more groups and located on suitable areas of
the development.
3. At least 50 percent of the total project acre shall be preserved as open space an meet the
standards in the ordinance.
4. PUDs shall be connected to public water supply and sewer systems. When sewer is not
available, individual septic systems are not allowed; community sewage treatment
systems are required.
h. Open Space Maintenance and Administration Requirements.
Before final approval of a PUD is granted, the development/owner shall provide for the
preservation and maintenance, in perpetuity, of open space and the continuation of the
development as a community.
Development organization and functioning. All planned unit development must use an
owners association with the following features:
1. Membership must be mandatory for each dwelling unit owner and successive owner;
2. Each member must pay a pro rata share of the association’s expenses and unpaid
assessments can become liens on units or dwelling site;
3. Assessments must be adjustable to accommodate changing conditions; and
4. The association must be responsible for insurance, taxes and maintenance of all
commonly owned property and facilities.
Proposed Exceptions and Modifications
The City Code allows the City Council to approve exceptions and modifications to the OP PUD standards
as part of their consideration and review of a Concept OP PUD. Such exceptions or modifications to the
standards in the OP Ordinance are only possible with a super majority vote (4/5) of the City Council per
Section 154.657 of the OP Code. The Code also notes that “[a]uthorization of such modifications
resulting from a PUD concept review shall not be construed as approvals for the changes, but rather as an
authorization to present such modifications as a component of the [PUD] plan during the PUD
Preliminary Plan review.”
The following is a list of the proposed exceptions and modifications for the OP PUD Concept Plan and
the feedback and direction the City Council gave for each during the July 7, 2020 and July 21, 2020
meetings:
The proposed street on the Concept Plan was shown at 24-feet of width in a 50-foot-wide right-
of-way. The City Engineer suggested in 2020 that the City should require a 60-foot-wide right-
of-way and a standard width street with concrete curb and gutter. (Not approved). Note: The
narratives for the current proposal explain and the proposed preliminary PUD plans show a 70-
foot-wide street right-of-way with a rural section style street with 28-foot-wide pavement,
concrete ribbon curbs and ditches. The City Engineer has comments about this latest proposed
design in his project review.
In 2020, the applicant requested City Council approval of several exceptions or modifications to
the OP PUD code or City shoreland standards for this development; These included:
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PUBLIC HEARING ITEM 4A
1. Not having a homeowners’ association (HOA) for the 14 lots because the developer is not
proposing to have any commonly owned property with the development. (Not approved –
they agreed to have an HOA).
2. Allowing each home to have its own on-site septic system and drainfields rather than having
a community septic system or systems that would serve several homes. Communal drainfields
also are a requirement of the shoreland ordinance for PUD’s. The applicant also wants the
City to allow drainfields in the open space areas on each lot. (Approved)
3. Not having commonly owned open space. As an alternative, the developer is requesting the
City allow them to place conservation easements on each lot that would protect the natural
features on the lot in order to meet the open space requirements. (Approved)
Staff Note: It appeared to City staff that the City Council was supportive of this request in
2020. The question with this method of open space protection is who will be the holder of
the conservation easement? The Land Trust most likely will not take it (especially if it is not
in an outlot) and the City Attorney has advised me that the HOA would not be authorized
under the conservation easement statute to be a holder of a conservation easement. This
would probably leave the City as the organization as the holder of the easement and the City
would be responsible for enforcing it. The City Council should be aware of this
responsibility as they decide whether to approve this exception or not. During the meeting on
July 7, the City Council and the developer’s representative discussed the idea of placing signs
at the boundary of the conservation easement area to notify the property owners to not disturb
the area and to no put anything in the easement area. The City Council should make it a
condition of approval that the design and location of such signs be subject to City approval.
4. Having the storm water ponding area(s) placed on individual lots rather than in a separate
outlot that would become the responsibility of the HOA or City to maintain. (Not approved –
must place storm water ponding areas in separate outlots.) Note: The latest project plans
show outlots for the existing wetland and the 3 proposed storm water ponding areas.
5. Having a reduced buffer from the south property line for construction on the development
site (100 feet instead of 200 feet). (Approved – with the planting of landscaping and trees for
screening). Note: These plantings will be required on the final landscaping plans.
6. Having a rural section road with gravel shoulders and ditches. (Not approved – see notes
above).
7. Having street right-of-way width of 50 feet instead of 60 feet. (Not approved – see note
above).
8. Having lots with less than 80,000 square feet of lot area and lot widths less than 200 feet as
required by the Shoreland Ordinance. (Approved)
9. Not having the existing wetland and wetland buffer area in a separate outlot. (Not approved).
Note: The latest project plans show outlots for the existing wetland and the 3 proposed storm
water ponding areas.
The City Council reviewed each of the proposed exceptions and modifications during their July 21, 2020
meeting. During this meeting City staff asked the City Council to affirm their approval of proposed
exceptions 2, 3, 5 and 8 from the list above as part of the approval of the OP PUD concept plan. The
Council approved the Concept Plan with the four exceptions and modifications with the adoption of
Resolution 2020 – 074.
The developer and his team have prepared the preliminary plat and PUD project plans to reflect most of
the City Council approvals and denials and the conditions and standards of the City Engineer. The one
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PUBLIC HEARING ITEM 4A
item the Developer still wants the City to approve with the Preliminary Plat and OP-PUD plans is to
proceed with is having a rural style street with ditches in the development rather than constructing an
urban street section with curb and gutter and underground storm sewers.
Minnesota Department of Natural Resources (MNDNR) Comments. The application has been sent to
the MNDNR. They have not yet provided the City with any comments about this proposal.
Shoreland Tier Analysis. The southern portion of the development site (about 29 acres) is within the
shoreland of Downs Lake. Because the proposed development does not conform to the base dimensional
subdivision standards of the shoreland district, a PUD is required and a shoreland tier analysis is required.
It appears the development will meet the tiering requirement of the shoreland ordinance. The City should
require the Developer to prepare this analysis as part of the update to the preliminary plans and before
submitting a final plat application for the site.
PRELIMINARY OP-PUD AND PRELIMINARY PLAT REVIEW
Lot Sizes and Widths. The minimum lot width for lots in the shoreland of Downs Lake is 125 feet, in the
RR (rural residential) District 300 feet and in the RS (rural single-family) district 125 feet. The minimum
lot size for unsewered single-family lots in the shoreland of Downs Lake is 80,000 sq. ft., in the RR District
the minimum lot size is 10 acres and in the RS District 1.5 acres. The developer is proposing the following
deviations from setbacks and lot area:
RR Proposed
Minimum lot width 300 feet 138- 434 feet
Minimum lot area 10 acres 1.19 – 3.70 acres
Average lot area 2.07 acres
Setbacks. The required setbacks in the RR District is:
Front – 30 feet
House side – 10 feet
Corner side-25 feet
Rear – 40 feet
Setback from County Roads – 50 feet
The developer is showing general house pad sites with setbacks that should meet all the above-listed setback
requirements.
Easements. The City requires 10-foot-wide drainage and utility easements along all public rights-of-way
and rear property lines, five-foot-wide easements along all side property lines and other easements for
stormwater management and public utilities as may be needed. The City will require the developer to
show all easements (drainage, front, rear and side yard) (with labeled dimensions) on the revised
preliminary plat (and the final plat) and on the construction plans to meet City requirements.
As noted by the City Engineer, these easements must be reserved for small utilities without encroachment
by other design elements (storm sewer pipe, retaining walls, buildings, landscaping, storm water
retention). There are several locations on the project plans where the design elements are shown in these
required easements. As such, the applicant will need to revise the project plans to ensure the easements
are reserved and protected for the intended uses (small utility installation). The City Engineer also notes
in his review the need for drainage easements over Lot 1, Block 2 and over Lot 1, Block 3 for the
drainage way that is bisecting the development site. These drainage easements over these lots must
incorporate the 100 HWL for the drainage way. These easements must be shown on the preliminary plat
and on the construction plans.
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Buffers: The developer proposed the Concept PUD Plan for this site with a reduced buffer from the south
property line (100 feet instead of 200 feet). The City Council approved having this reduced buffer with the
planting of landscaping and trees for screening). Note: These plantings will be required on the final
landscaping plans.
Much of the buffer area along the perimeter property lines of the project site will be protected open space.
The open space areas are intended to be preserved as much as possible in their natural state and should not
become a dumping area for leaf litter, sticks, or other debris. These areas will be protected by an easement
such that individual homeowners cannot remove the trees or the required landscaping. This has been an
issue in other developments where existing trees or required landscaping is later removed by homeowners
to make room for private amenities or simply because they do not like the landscaping.
Landscaping and Tree Preservation. The City’s landscape architect has reviewed the preliminary tree
preservation and landscape plans and provided the City with several comments about them. (Please see her
attached memo). In summary, she lists in her memo several findings about the proposed plans including
how they reserving a large number of the existing trees onsite and how the developer is proposing that
future landowners (builders or homeowners) be responsible for purchasing and planting the 10 required
trees per lot. This is a concern for City staff as the tracking and monitoring of the planting of the 10 trees
on each property can be time consuming and may drag on several years until each lot is sold, developed
and eventually landscaped. As she notes, if the applicant/developer can show there are enough existing
significant trees on each lot that will be preserved, then City would not require the planting of new trees on
each new lot. If there are no significant existing trees on any of the proposed lots, the City should require
the developer to plant the required trees on each of those properties as part of the construction of the
development.
The proposed landscaping plans show two rows of staggered coniferous trees the developer will be planting
along the southern property line of Lots 2 and 3, Block 4. These trees are to provide screening and buffering
between the existing homes to the south and the new development. The applicant will need to revise this
plan to show no tree planting in the pipeline easement area and if necessary, no planting of trees near the
common property line between Lots 2 and 3.
The applicant will need to revise the landscape plans to show all utilities and easements and the relocated
boulevard trees (out of the small utility corridor) to facilitate a complete review by City staff to ensure they
meet all City Code standards. They also will need revising to reflect the changes to the site, grading and
utility plans as required by the City to meet building and driveway setbacks and spacing and the all changes
required by the City Engineer. These revised plans will need to adhere to reflect all the changes required
by the City Engineer, the City’s landscape architect and to meet the City’s Landscape Requirements.
Parks. Park Dedication Requirement. The park dedication requirements for a 32.3 acre development is
3.23 acres of parkland (10 percent of the total site acreage), or a combination of parkland or fees in lieu of
parkland. The developer is proposing and Staff recommends that the Developer pay fees in lieu of making
a land dedication in order to satisfy the park dedication requirements. As per the City’s Subdivision
Regulations, the required cash equivalent payment shall be 10 percent of the fair market value of the
percentage land dedication obtained from current market data, if available, or by obtaining an appraisal
from a licensed real estate appraiser. In summary, the developer will be required to pay the City 10% of the
value of land as a park dedication fee.
Trails. The Lake Elmo Comprehensive Parks, Trails and Open Space Plan identifies Lake Elmo’s support
in having a road-separated trail along the full length of Manning Avenue. Such a trail might run along the
west side of Manning Avenue on east side of the proposed development. The location and design of such
a trail, however, has not been completed by the City or by Washington County. The timing and requirement
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for installing this trail is unknown at this time. The Washington County Comprehensive Plan 2040, Planned
Trail System, does not identify a trail along this section of CSAH 15; however, future plans and county
road projects may incorporate such a trail.
Subdivision Signs. Section 154.212 allows a maximum of 2 subdivisions signs per residential development
with a maximum sign area of 24 sq. ft. per sign. No additional signs have been proposed.
Sidewalks. The City’s standard urban street detail requires a 6 foot wide public concrete sidewalk be
constructed on one side of any public street and to accommodate a 32-foot-wide street and a sidewalk, the
standard local residential street right-of-way width is 66 feet wide. The developer has shown the streets
with a 70-foot-wide right-of-way with an eight-foot-wide bituminous trail along the south and west side of
the streets. Please see the discussion below about the proposed streets for more information.
Streets and Access. The developer is proposing 70-foot-wide public rights-of-ways with 28-foot-wide
streets with concrete ribbon curbing and ditches for storm water management. This proposed street width
would allow parking on one side of the street, except where there would be a turn lane, such as at the access
point with Manning Avenue. The developer’s plans also include a street right-of-way and street stubs to
allow for vehicle connectivity to the property to the south of this development. The future access point was
provided to the parcel to the south of the development in the event this property develops in the future.
The City Engineering design standard for new residential streets is to have a 32 foot-wide-street in a 66-
foot-wide right-of-way with concrete curb and gutter with a concrete sidewalk or bituminous trail along
one side. City staff is recommending the City require the developer revise the project designs to follow this
City design standard for the new streets in this subdivision.
Other general review comments from the City Engineer concerning streets are as follows:
Ten (10) foot-wide utility easements are required on both sides of the public street right-of-way
and are to be preserved for small utility installation. The developer has not shown these
easements on the preliminary plat or on the project plans. The landscape plan shows boulevard
trees located within the dedicated small utility corridor. The developer must revise the plans to
eliminate all trees and encroachments into the utility corridors. No boulevard trees can be placed
in the 10-foot-wide (or any) utility easements.
An 8-foot-wide bituminous trail with 2-foot clear zones is required along the entire length of all
the proposed streets with a minimum five-foot-wide boulevard.
The grading, utility, street, sidewalk and trail construction plans will be subject to the approval of the City
Engineer.
Street Names. The proposed new east-west street shall be 25th Street North and the future north/south street
shall be Linden Avenue North.
Restrictive Easements. There is an 86-foot-wide natural gas pipeline easement that bisects the western
portion of the property in which buildings and trees cannot be placed. There are no building pads
proposed within this easement.
As noted earlier, the developer has revised project plans since the concept plan review to better ensure
their proposed project site and grading plans will work with and around the existing pipelines and the
pipeline easement.
Planning Commission Meeting
April 12, 2021 Page 10
PUBLIC HEARING ITEM 4A
Wetlands/Buffers. There is an existing wetland in the north center part of the site in the existing drainage swale adjacent to Heritage Farms shown in Outlot B. The City requires wetlands and wetland buffers to be
fully contained within outlots, outside of lot areas. The proposed plans do not show the required wetland buffer.
Utilities – Municipal Water Supply and Sanitary Sewer. The City Engineer’s review memo provides a review of the sewer and water considerations for this development. Public water is available in this area of Lake Elmo and the developer will be extending watermain into and through the site. City sanitary
sewer will be extended into the Heritage Farms subdivision in 2021 but this site is not in the MUSA and is not proposed to have City sanitary sewer service. The City Engineer also noted the following:
Septic system dimensions, areas and setbacks must be shown on the plat and on the project plans, including being at least 10 feet from all property lines and 20 feet from all structures. Septic systems also must remain fully outside of all easement areas including the 10-foot-wide small utility corridors along the street rights-of-way. Septic system locations must be revised for Lot 2, Block 1 and for Lots 1 and 2,
Block 3.
The applicant will be responsible for extending municipal water into the development at its sole cost with two connection points.
The applicant will be responsible to place hydrants throughout the property at the direction of the Fire Department. All fire hydrants shall be owned and maintained by the City.
All utility plans will be subject to the final approval of the City Engineer.
Grading. All grading plans and activities shall meet the approval of the City Engineer. The grading plans show grading adjacent to both sides of the pipeline easement to accommodate a proposed ponding area in Outlot A. Any grading activity in the pipeline easement will require written approval from the pipeline company be submitted to the City.
Impervious Surfaces. The maximum allowed impervious surface for unsewered properties within the shoreland of Downs Lake is 15 percent and in OP-PUD’s it is 25 percent. The developer has not requested any City approval for increased impervious surface on the proposed lots. The maximum allowed impervious surface on each property will be 15 percent.
Storm Water Management. The proposed development site is in the Valley Branch Watershed District (VBWD). The design of the storm water management systems must be compliant with the requirements
of the State, VBWD, the City of Lake Elmo Storm Water Management Ordinance, and the City of Lake Elmo design standards manual. The applicant is advised to fully read and comprehend the City’s storm water and erosion control ordinance since these standards are different, and in some cases more stringent, than the watershed district.
In his project review, the City Engineer noted the following:
The site plans show three storm water ponds areas located on Outlot A, Outlot B and Outlot C.
The storm water facilities must be platted as Outlots and they must fully incorporate the 100-year HWL, 10-foot maintenance bench and all maintenance access roadways. Outlot A (and Wet Pond 10 must be revised to mitigate (eliminate) and encroachment onto the gas pipeline easement.
The developer must revise the site plan to incorporate volume control requirements for the wet ponds to meet Valley Branch Watershed District rules.
The storm water ponds will not be allowed to encroach on to adjacent private lots.
Planning Commission Meeting
April 12, 2021 Page 11
PUBLIC HEARING ITEM 4A
The storm water ponds must be constructed meeting City standards. The Developer must revise
the design of the storm water ponds to meet all City design standards. This includes providing a 10:1
aquatic bench, a 10:1 maintenance bench and 20-foot-wide maintenance access roads for all storm water
facilities that extend from the public right-of-way to the maintenance bench with grades less than 10
percent. Basin grading also must provide a maintenance bench from the access road to all storm sewer
inlets and outfall pipe locations. Wet ponds also must have a minimum 4-foot-pool depth and must
incorporate City standard outlet control structures.
There is an existing drainage way bisecting the site. The Developer must determine the 100-year
high water level for this drainage way. All setbacks and vertical separation will need to be maintained for
adjacent low-floor elevations and septic systems.
The City Engineer’s review memo further addresses the stormwater management considerations
and requirements for this development.
City Engineer Review. The City Engineer’s review comments dated April 7, 2021 are found as part of
the attachments to this report and are incorporated throughout the report.
Washington County Review. The County provided City staff with comments on the Preliminary PUD
Plan. The following summarizes their comments about the Preliminary PUD Plan:
Thank you for the opportunity to comment on the preliminary plans for the Sunflower Meadows
Planned Use Development. We are grateful for the City of Lake Elmo’s partnership on this project. Our
development review team has reviewed the preliminary plans and offers the following comments:
The provision of right and left turn lanes from the proposed development onto County State
Aid Highway 15 is warranted by traffic volumes and supported by the County. The design of
these turn lane improvements will need to meet county design standards and may be
impacted by nearby intersections.
The dedication of 90 feet of right-of-way from centerline as shown on the typical section
contained in the plans meets the requirements prescribed by the Washington County 2040
Comprehensive Plan.
The development to the north will be getting connected to municipal services through the
upcoming Heritage Farms Utility Farms Street and Utility Improvements project. The City is
encouraged to coordinate with that utility improvement work to provide municipal services
to this proposed development.
The location of the proposed development is in close proximity to County State Aid Highway
15 which regularly accommodates high traffic volumes and is expected to be expanded to a
four-lane road in the future. The inherent noise impacts associated with these conditions
should be considered. The County will not support the construction of noise walls nor tree
plantings in the right-of-way to mitigate any future complaints associated with noise.
Fire Chief and Building Official Comments. The Fire Chief and Building Official provided the
following comments:
Location of fire hydrants (will be subject to Fire Department approval). Parking spaces that affect
required clearances near fire hydrants will not be allowed.
Roads – ensure proper widths, allowable parking, proper signage?
Ensure proper access for emergency vehicles.
Planning Commission Meeting
April 12, 2021 Page 12
PUBLIC HEARING ITEM 4A
Any additional items identified as the project moves forward.
All state building code, fire code and city regulations regarding drive lanes, no parking zones and
signage shall be met.
Watering Ban. Due to a shortage of water, the City may need to implement severe watering restrictions
in the City in the future. This could include limiting or prohibiting the use water outside including for
vehicle washing and for watering grass, trees and landscaping. This could affect future home builders and
buyers as there may be a limited supply of water available for outdoor uses. It may be wise for the City to
put a condition on the approval of this OP-PUD and this plat to require the owner/developer to inform the
builders and lot buyers about the possible outdoor watering restrictions.
Conditions of Concept PUD Plan Approval. The following indicates how the proposed preliminary PUD
plans meet the City Council conditions of approval of Concept PUD Plan. While Concept PUD Plan
approval does not afford the applicant development rights, understanding how the Developer has met or
has not met these conditions with this proposal should be helpful to the Planning Commission.
1. That the future preliminary plat and preliminary OP PUD Plans includes the parcel with the PID#
24-029-21-13-0002.
2. That the future preliminary plat and preliminary OP PUD Plans submittal identify all requests for
flexibility or modifications from the OP PUD Development and Shoreland PUD standards.
3. That before submitting an application to the City for preliminary PUD plan/plat approval, the
developer revise the OP PUD concept plans to address the recommended changes and to allow
for additional City review.
4. That any future preliminary PUD plan/plat submittal address all relevant comments from the City
Engineer in the letter to the City dated May 20, 2020. In particular, the preliminary development
plans must address the street right-of-way width, street and trail design standards and storm water
management in the subdivision. (Not met – developer is proposing a rural street section and
the storm water management and ponding plans need revisions.)
5. That any future preliminary PUD plan/plat submittal address all Council-required comments from
the City Landscape Architect in the letter to the City dated May 6, 2020. In particular, the
preliminary PUD landscaping plans must address the preservation and planting of trees and the
required screening within the development – especially to the properties to the south. (Appears
to have been met with the proposed tree planting along the southern property line).
6. That the preliminary plat and preliminary PUD plans submittal include a landscape, screening and
buffering plan to address the requirements of the City Landscape Architect. (Partially met – the
landscape plans need revisions especially to the proposed planting locations of the
boulevard trees).
7. The proposed street providing a connection to the property to the south must be included as part
of the improvement and construction plans for the PUD. (This street is shown on the plans).
8. The developer must work with the property owner immediately to the south of the proposed
subdivision concerning the alignment of the proposed future street to their property.
9. That a shoreland tier analysis be provided with the future preliminary plat and preliminary PUD
plans submittal. (Not met – still is needed for City review).
10. That the preliminary PUD plans show at least 50 percent of the gross acreage of the development
site as protected open space. (The proposed plans show a total of 16.77 acres of open space in
easement areas in the development. This meets the open space requirement.)
11. That any preliminary PUD/plat approval be contingent on complying with Washington County’s
requirements and requests regarding the need for additional right-of-way, turn lanes and/or trails
in and along Manning Avenue. (This appears to be met subject to Washington County giving
final approval to the project plans).
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April 12, 2021 Page 13
PUBLIC HEARING ITEM 4A
12. That the applicant shall secure all necessary permits from Washington County for the proposed
access off of Manning Avenue North and for any work occurring in the Manning Avenue right-
of-way. (If the City approves the development of this site, the developer will need this
approval and permit before starting construction.)
13. That the developer provide trails or sidewalks as recommended by the City Engineer and the
Parks Commission. (The proposed plans show an eight-foot-wide bituminous trail along the
south and west sides of the new streets.)
14. That all public trails and sidewalks must be located outside of storm water ponding areas and
wetland buffer zones.
15. That all wetlands and wetland buffer areas be contained on outlots outside of lot areas. (This
condition has been partially met as the wetland buffer is not shown on the plans).
16. That all storm water retention and infiltration areas must be dedicated to the City and platted as
outlots on the preliminary and final plat unless otherwise directed by the City Engineer. (This
condition has been met subject to final plan approval by the City Engineer).
17. That all open space areas be platted in separate outlots to be commonly owned and managed by a
homeowners’ association (HOA). Condition not needed assuming the City Council approves the
developer’s request to have conservation easements on each lot to serve as the open space areas in
the development. This approval should be subject to the developer installing signs at the border of
the conservation easement areas that notify property owners to not disturb the conservation area
and to no put anything in the conservation easement area. Note: The City Council approved
the developer’s request to have open space on each lot as part of their approval of the
Concept PUD Plan.
18. That the developer provide fees in lieu of park land dedication as required by Section 153.14 with
future final plat. (If the City approves a development for this site, the developer will pay the
City this fee before recording the final plat).
19. That the preliminary plat and preliminary PUD plans comply with any comments or requirements
provided by the DNR. (City staff will require all development plans to meet the conditions or
requirements of the DNR if necessary.)
20. The developer must submit a detailed PUD plan as part of any future preliminary PUD
development plans. The PUD plan shall include a detailed listing of all requested departures or
modifications from City ordinances, shoreland regulations and development standards.
21. The developer must prepare a plan for ownership and management of the proposed open space
and conservation areas with a homeowner’s association and as part of preliminary PUD plans.
(The developer’s project narrative states they will be forming an HOA for the development.
If the City approves a development for this site, the City will need to approve the HOA
documents before the developer records the final plat).
22. That the developer revise the PUD plans to show the location of a community septic system as
required by the Shoreland Ordinance. (Condition no longer needed as the City Council
approved the use of individual on-site septic systems for each house with the Concept Plan
approval in 2020).
STAFF REVIEW SUMMARY
As I have noted above, there are several important design elements missing, incomplete or that the
developer needs to revise with the proposed OP-PUD, the proposed preliminary plat and the project plans
to make them consistent with City subdivision, landscaping and City Engineering design standards. Many
of these changes or corrections could require significant revisions to the overall project design and to the
preliminary plat. Because of the number and scope of the recommended changes, staff is recommending
denial of the preliminary OP-PUD plans and the preliminary plat for Sunflower Meadows.
Planning Commission Meeting
April 12, 2021 Page 14
PUBLIC HEARING ITEM 4A
OPTIONS FOR THE PLANNING COMMISSION
Section 153.09 (D) (below) of the Lake Elmo Subdivision Ordinance outlines the actions the Planning
Commission may take when reviewing a preliminary plat.
(D) Planning Commission action. The Planning Commission shall make a finding of fact and
recommend such actions or conditions relating to the request as it deems necessary to carry out the
intent and purpose of this Chapter. The Planning Commission and shall have the authority to
request additional information from the subdivider concerning the proposal, as deemed necessary to
formulate a recommendation on the proposal.
(1) The Planning Commission shall recommend approval of the preliminary plat if it in all
ways conforms to the City’s Comprehensive Plan and Development Code. The
Commission shall recommend denial of the preliminary plat if it makes any of the
following findings:
a. That the proposed subdivision is in conflict with the City’s Comprehensive Plan,
Development Code, Capital Improvements Program, or other policy or regulation.
b. That the physical characteristics of the site, including but not limited to topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention, are such that the site is not suitable for the type or intensity of
development or use contemplated.
c. That the design of the subdivision or the proposed improvements are likely to cause
substantial and irreversible environmental damage.
d. That the design of the subdivision or the type of improvements will be detrimental to
the health, safety, or general welfare of the public.
e. That the design of the subdivision or the type of improvement will conflict with
easements on record or with easements established by judgment of a court.
f. That the subdivision is premature as determined by the standards of this Chapter.
RECOMMENDED FINDINGS:
Staff recommends that the Planning Commission recommend denial of the Preliminary Plat and preliminary
OP-PUD Plans for Sunflower Meadows. Staff is recommending denial based on the review comments and
analysis in this report and based on the following review criteria and findings (from Section 153.09 (D)) of
the City Code:
a. That the proposed subdivision is in conflict with the City’s Comprehensive Plan, Development
Code, Capital Improvements Program, or other policy or regulation.
b. That the physical characteristics of the site, including but not limited to topography, vegetation,
susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention,
are such that the site may not be suitable for the type or intensity of development or use
contemplated.
c. That the design of the subdivision or the proposed improvements may cause substantial and
irreversible environmental damage.
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PUBLIC HEARING ITEM 4A
d. That the design of the subdivision or the type of improvements could be detrimental to the
health, safety, or general welfare of the public.
Staff also recommends the Planning Commission recommend denial of the Preliminary Plat and
preliminary OP-PUD Plans for Sunflower Meadows based on the following additional findings:
1. That the proposed OP-PUD development is not consistent with the goals, objectives and
policies of the Comprehensive Plan.
2. That the proposed OP PUD Preliminary Plan is not consistent with the City’s engineering
standards as noted in the City Engineer’s memorandum dated April 7, 2021.
3. That the proposed OP PUD Preliminary Plan is not consistent with the City’s landscaping
standards as noted in the City’s Landscape Architects memorandum dated March 18, 2021.
FISCAL IMPACT:
There is no fiscal impact to the City at this time. The Concept Plan approval did not afford the applicant
development rights. If and when the property develops, it will access the existing urban services and will
pay water connection charges, building permit fees and the like that the developer and/or contractors will
pay.
RECOMMENDATION:
Staff recommends the Planning Commission recommend denial of the requested Preliminary Plat and OP-
PUD Plans for Sunflower Meadows based on the findings listed in the City staff report.
ATTACHMENTS:
1. Location Map
2. Property Line Map
3. Application Narratives
4. 2021 Preliminary Plat and OP-PUD Plans
5. 2020 OP – PUD Concept Plan
6. City Engineer Report dated April 7, 2021
7. Landscape Architect Review Memo dated March 18, 2021
8. Washington County Memo dated March 16, 2021
9. City Council Resolution 2020 - 074
12445 55th Street North, Lake Elmo, Minnesota 55042 * Phone: 651-439-8833 * Website: FFSurveying.com
Bruce A. Folz, LS Timothy J. Freeman, LS
1939 – 2001 Principal
February 26, 2021
PROJECT NARRATIVE
Preliminary Plan
OPEN SPACE PUD
The subject property is located in the South Half of the Northeast Quarter of Section 24. Bounded on the
north by the Heritage Farm open space development; on the east by Manning Avenue North (CSAH 15)
with West Lakeland Township east of Manning; on the south (east portion) by a single family Rural
Residential parcel; on the south (west portion) by a single family RE zoned project EDEN PARK; and on
the west by a single family Rural Residential parcel.
The property is 32.84 acres and is mostly open, rolling and used for agricultural with one single family
home occupied previously by the property owners Gary and Margret Johnson. For years their small farm
has grown vegetables for sale at a local stand at the end of their driveway. The land has two drainageways
for water from the north to drain southerly toward Downs Lake. There is one small wetland area (0.19
acres) in the northern part of the easterly drainageway that is shown on the plan and it has been delineated
and verified by Valley Branch Watershed District.
There is a heavy stand of pine trees providing screening from Manning Avenue. There are several rows of
trees that have been planted by the property owners to provide screening along the pipeline route and the
southerly property line. There is a nearly continuous row of screening trees along the north line, the
westerly line and southerly line of the property. The screening of mature existing trees is proposed to be
preserved with the new conservation easements.
The architecture of the neighborhood will be controlled by City Code as well as in the PUD overlay
ordinance for this development. Similar building components, materials and roof pitches should be
maintained. The architectural styles should extend to the outbuildings on each lot, requiring them to look
similar with similar colors and materials to compliment the main home.
The land is guided RAD in the Lake Elmo Comprehensive plan. The zoning is RR Rural Residential.
The property is also in the Shoreland District. The Valley Branch Watershed district regulates the surface
water, wetland and runoff for this area. The property is served by the Stillwater Area School District 834.
Manning Avenue North (CSAH 15) is a major traffic route from the eastern portion of Lake Elmo and
various other communities to the north and east of the site.
Traffic on Manning Avenue is connected from Highway 36 on the north to Interstate Highway 94 on the
south, and beyond down to Hastings. The Washington County Highway Department regulates traffic,
entrances and upgrades on Manning Avenue. The Highway Department has been consulted extensively
on the layout and street access point. They are supportive of the street access and location, with some
conditions. The first condition is that the existing driveway on Manning Avenue would be removed and
changed to access the new street. The second condition is to provide access to the property to the south to
insure there will not be another request to access Manning Avenue when that property is developed in the
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PROJECT NARRATIVE
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future. They also require that turn lanes and bypass be provided for safety of the intersection. This new
street connection to Manning Avenue will provide a much needed second access for the Heritage Farm
neighborhood, as it was proposed and was a requirement of that development when it was built. Currently
there are 36 homes that only have one access point. When Heritage Farm was platted there was an
alternate access for Lisbon Avenue to be connected on the south side of this property to the street platted
in Eden Park. The north end of the street in Eden Park was vacated by petition of the adjoining property
owners to the City Council. The access to Manning is now the only alternative outlet at this point.
This property is eligible for and proposed as an Open Space Planned Unit Development. This project
features 12 single family home sites, two less than allowed in the Open Space PUD ordinance. Lot sizes
range from 1.19 acres up to 3.70 acres. The new street right of way is proposed as a 70-foot-wide right of
way with additional 10-foot-wide Drainage and Utility Easements on each side. There is just over 1900
lineal feet of new street to be built as a 30-foot-wide rural section street with concrete ribbon burb and an
8-feet-wide bituminous trail on the south side of the street. The property is served with City water from
the north in Heritage Farm. The new homes sites will all have individual on-site septic tanks with
individual drain-fields. The proposed impervious surface is at just under 10% with homes, driveways and
street/trail.
As was allowed in almost all the Open Space Preservation developments of the past, we are proposing that
the individual drainfield portion of the septic systems be allowed in the open space areas. We are looking
for maximum flexibility in siting the drainfields, seeing as the adjoining properties have had some troubles
with soil suitability for drainfields. The drainfields are not an above ground feature of the lot and will
grow to be nearly invisible once the vegetation is established. The City Council was supportive of this
proposal at the Concept Plan review stage. The Shoreland Ordinance requires that drainfields be
communal… and we are asking to vary from this requirement to allow individual drainfields.
The property will have over 50% of the lot area reserved as open space, covered with conservation
easements proposed to be held by the City of Lake Elmo. The open space will be owned and maintained
by the individual lot owners, subject to the conservation easement for the City. The City will not have any
responsibility for the open space areas… other than to be the entity that holds the easements. The
easements will run with the land and be recorded against the lots in perpetuity. The purpose of the open
space will be to preserve the land as passive open space with wildlife habitat. A plan will be submitted
which will indicate how the land will be maintained. The individual homeowners will be responsible for
the plan implementation on their area of the open space. The open space is contiguous with the open
space and City Park created in the Heritage Farm open space development from the late 1990s. The open
space in this project surrounds the entire property and includes the areas of the drainageways. The open
space areas are contiguous throughout the project, except for the street/trail crossings. The open space
area protects the existing trees that are crucial to screening this development from Manning Avenue and
the adjoining properties.
The existing mature trees will account for the required 10 trees per lot on several of the lats. For the lots
that do not meet the 10 trees per lot, the new lot owners will have to plant the trees as a part of their
individual landscaping plans. They can select their own tree species and plant them in the preferred
locations on their lots. Trees planted by the property owners have a better chance of thriving… as the
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PROJECT NARRATIVE
Page 3 of 4
owners will have a heightened sense of ownership because they planted them. We requested that the
planting of 10 trees per lot be delayed until the new homeowners take title to the lots. The City Council
was supportive of this proposal at the Concept Plan Stage. The development will be planting the required
boulevard trees, one every 30 lineal feet in clusters that make the most sense. That is 1917 lineal feet of
street divided by 30 feet spacing is 64 trees. This will be a nice beginning compliment to the landscape
plans of the new homeowners in this neighborhood.
There are several areas of storm water ponding that would store and treat the water in both of the
drainageways, before it exits the property towards Downs Lake to the south, as it always has. We propose
to cover this drainageway and ponding area with an Outlot for the ponds and wetlands as required by the
ordinance. The Outlots would be transferred to City. The City and Watershed District will have the
required direct access to the property from the new streets. We imagine that the City will allow the
Homeowners Association access to these Outlots for maintaining the Outlot areas, if needed.
There will be a 70 foot wide street right of way dedicated to the public for access to the property south of
this project. This street right of way will be adjacent to one of the ponding areas. The property to the
south is also eligible for an Open Space PUD development. This will provide a street access, as opposed
to having another street entrance on Manning Avenue. This is one of the conditions required by the
Washington County Highway Department. The property owners to the south have been consulted… and
they have no interest in developing their property at this time. The street would be built the same as the
main street, as required by the ordinance.
The buffers are as follows: The east property line is the right of way of Manning Avenue North, no buffer
required. The north line is a border with Heritage Farm, no buffer required because Heritage Farm did not
have a buffer when it was built. The west line adjoins a single family home zoned RR. There is a pipeline
easement that is east of the property line about 250 feet to the east line of the easement. No additional
buffer is required. On the south property line, we are adjoining both the Eden Park neighborhood and on
the easterly portion is an RR parcel that is eligible to be an Open Space PUD. The buffer is 100 feet from
property that could be Open Space PUD. The portion that is bordered by Eden Park should technically be
a 200 foot buffer. We are asking for a modification from this buffer due to the fact that the lots in Eden
Park are wooded lots as well as the distance from the existing homes to the homes proposed in this
development is in excess of 300 feet. The ordinance does provide for buffer mitigation by vegetative
planting… if the buffer is modified. The City Council was supportive of a 100 foot buffer adjoining the
Eden Park neighborhood, if it is screened with new plantings to mitigate the reduced buffer. With our
plan, we have provided the trees needed to screen between the existing homes and the new homes.
This project will feature minimum grading to the site. The street layout and lot configuration were
designed to be in harmony with the land. The existing trees and rolling nature of the site make for a
beautiful landscape for this new neighborhood. The grading will be limited to grading for the street and
the storm water ponding features along the south line. There will not be any mass grading of the site, nor
any graded “house pads” in this project. The home sites will be individually located to follow the land.
With the streets being proposed as rural section streets with ribbon curbs, this will feel like another one of
the many desired rural neighborhoods in Lake Elmo.
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PROJECT NARRATIVE
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The park plan for the City of Lake Elmo does not designate a park on this property. A larger parcel was
dedicated as a park just to the north of this project in Heritage Farm. That park land is currently being
used as passive open space, instead of a typical developed park. We would anticipate that the City would
prefer to have a “cash in lieu” payment instead of land dedication.
We were able to get some great feedback from the City Staff, Planning Commission and City Council
during the Concept Phase. We had outlined some items that need a 4/5th majority vote to vary from the
strict language of the Open Space PUD requirements and the Shoreland Overlay requirements. The City
Council drafted a resolution outlining the items that were supported to be changed. There were several
conditions listed in the resolution. There will be no commonly owned lands or features that require the
Homeowners to have large financial cost sharing for insurance and maintenance. We asked for
modification to the buffer in one area along the south line (west portion) from 200 feet to 100 feet,
adjacent to the Eden Park neighborhood. As previously mentioned, the City Council was supportive of
this. The Shoreland Ordinance suggests that lot area should be 80,000 square feet (1.83 acres) and lot
with of 200 feet. While many of the lots in this development are within the 1000 foot area of Downs
Lake… there are NO frontage on the lake and there is NO view of the lake. The ordinance allows for
varying from these two standards. They are created to protect the views from the lake, as well as the
intensity of development on the lake. We included the “Area Map Around Downs Lake” with the
Concept Plan so you can see the existing homes around the lake are not compliant with either of these two
standards. Also, included on the map there is a cross section line. This helps to illustrate that the new
development doesn’t have any view lines to or from the lake… as well as it being completely screened by
mature trees from the lake. Those mature trees are being preserved by the open space easements. The
City Council was supportive of this request, with required screening.
The open space design elements of the ordinance have been met, or modifications have been requested in
the previous areas of this narrative. We have strived to outline how these deviations or modifications are
supported by achieving the goals of the ordinance. They will allow for a higher quality building and site
design, create a more unified environment for the development by minimizing streets, grading and
disruption of the natural landscape. We are proud to keep the view of this neighborhood screened from
the major traffic Manning Avenue on the east. Earlier versions of the Open Space development
ordinances were very specific that the view of Lake Elmo be that of a rural community. We look forward
to working with the City on creating a harmonious new neighborhood with this project.
12445 55th Street North, Lake Elmo, Minnesota 55042 * Phone: 651-439-8833 * Website: FFSurveying.com
Bruce A. Folz, LS Timothy J. Freeman, LS
1939 – 2001 Principal
March 3, 2021 rev
ADDITION TO PRELIMINARY PLAT NARRATIVE
There was quite a bit of discussion about the street section proposed at the Concept Plan phase of the
SUNFLOWER MEADOWS development proposal. To clarify the current status of the proposal, we offer
this additional information.
The Concept Plan showed and proposed a 24-foot-wide blacktop street with gravel shoulders and a right
of way width of 50 feet. This proposal was not supported by the staff, primarily the City Engineer. In the
discussions at the City Council meetings of July 7, 2020 and July 21, 2020, the City Council was not in
favor of the proposed rural street section we had proposed. The staff comments were critical of the
pavement width, the right of way width and the gravel shoulders being unacceptable. We felt that
upgrading the proposed street section to match the Rural Street Section in the City of Lake Elmo
Engineering Standards would answer the questions brought forth by the staff.
The staff comments about the street width was explained that the standard for Lake Elmo was 32 feet wide
when parking is proposed on both sides, and that it would need to be 28 feet wide if the parking was
restricted to one side of the street. Also, that the no parking on one side of the street needed to be clearly
stated in the signage on the street. The City Engineer also pointed out that the City of Lake Elmo standard
was for the use of concrete edges over gravel shoulders to ensure that the maintenance of the street was
consistent in all the streets. Also, he pointed out that it was important to view the width of the right of
way as being what was needed to cover the street section being proposed. An example was offered that
even 60 feet might not be wide enough if there was a trail proposed with a rural street section.
Taking all of the comments made by the City Engineer and the City Council at both of their meetings, we
feel we are covering the issues by proposing the City Standard Rural Street Section with a street pavement
width of 28 feet wide and a 2 foot wide concrete ribbon curb on both sides of the street. Parking would be
limited to one side of the street only. The rural street section includes grass ditches on each side of the
street. A bituminous trail along the southerly side of the street is proposed, outside of the grass ditch
section. The right of way is widened to 70 feet, with the additional 10 feet of width being on the south
side (trail side) of the center line. This should answer all the comments from the previous meetings.
The rural street section eliminates much of the storm sewer that would be normally associated with the
street network by putting the runoff from the street in the grass ditches, as opposed to running it along the
curb lines and collecting it in pipes. With the soils that were tested for this project, it will be very difficult
to meet the City of Lake Elmo and the Valley Branch Watershed District requirements for both rate and
volume control. The grass ditches will help to slow the water down, filter it and reduce the ponding that
would be required by storm sewers. This makes the rural street section more appealing to the project. We
believe that the VBWD prefers the use of this street section. The number of houses proposed (12) and the
volume of street traffic should support this type of street section.
PROJECT:SUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MNVICINITY MAPINDEX OF DRAWINGSPROJECT CONTACTSDescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - A Title Sheet.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 2020Sheet:12.28.2041885Project Location2500 Manning Ave NLake Elmo, MN 55042TITLE SHEETTCALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallCivil Engineer:Matt Woodruff, P.E.Larson Engineering, Inc.3524 Labore RoadWhite Bear Lake, MN 55110Tel: 651.481.9120Fax: 651.481.9201Land Surveyor:Tim Freeman, P.S.Folz Freeman Surveying, LLC.12445 55th Street NorthLake Elmo, MN 55042Tel: 651.439.8833TC000C100-C101C200-C201C202C300C400-C401C500-C501C600-C601Title SheetOverall Site PlanExisting Conditions PlanStreet and Utilities PlanManning Avenue Turning Lane PlanTypical SectionsGrading PlanErosion Control PlanLandscaping, Lighting, and Signage Plan
MANNINGAVENUENORTH27TH STREET NORTHC S A H 15AVENUELISBONNORTHLEGIONLANELISBONAVE NORT
HLISBON AVECOURT NORTHMANNING AVENUE NORTH1000 ft from OHW1000 ft from OHW400 ft from OHW400 ft from OHW400 ft from OHW
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GAS COMPANY PIPELINE EASEMENTASSUME 86 FT NORTHERN NATURALLot 1Lot 2Lot 1Lot 2Lot 1Lot 3Lot 2Lot 4Lot 3Lot 4Lot 2BLOCK 1BLOCK 4BLOCK 3Lot 1BLOCK 2OUT
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B OVERALL SITEPLANC0000NORTH50100200DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C000 Overall Site Plan.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 2020Sheet:12.28.2041885
1000 ft from OHW910920930912914916918922924926928910920908912914916
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MATCH LINE SEE SHEET C100MATCH LINE SEE SHEET C1011322(TYP. OF 3)DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C100-C101 -Demo.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885C100EXISTINGCONDITIONSPLANSYMBOL LEGENDDEMOLITION NOTES1.Verify all existing utility locations.2.It is the responsibility of the Contractor to perform or coordinate allnecessary utility demolitions and relocations from existing utility locationsto all onsite amenities and buildings. These connections include, but arenot limited to, water, sanitary sewer, cable tv, telephone, gas, electric, sitelighting, etc.3.Prior to beginning work, contact Gopher State Onecall (651-454-0002) tolocate utilities throughout the area under construction. The Contractorshall retain the services of a private utility locator to locate the privateutilities.4.Sawcut along edges of pavements, sidewalks, and curbs to remain.5.All construction shall be performed in accordance with state and localstandard specifications for construction.REMOVE AND DISPOSE OFBITUMINOUS PAVEMENT SECTIONSAWCUT, REMOVE, AND DISPOSE OF BITUMINOUS PAVEMENTSECTION.REMOVE AND DISPOSE OF ALL UNDERBRUSH, TREES, ANDROOTS.REMOVE AND DISPOSE OF EXISTING CONCRETE RIBBON CURB.KEY NOTES12REMOVE AND DISPOSE OFGRAVEL PAVEMENT SECTION3REMOVE AND DISPOSE OF ALLUNDERBRUSH, TREES, AND ROOTS.
C S A H 15MANNING AVENUE NORTH1000 ft from OHW400 ft from OHW910920906908912
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MATCH LINE SEE SHEET C100MATCH LINE SEE SHEET C101222(TYP. OF 3)(TYP. OF 4)(TYP. OF 5)22DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C100-C101 -Demo.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885C101EXISTINGCONDITIONSPLAN1.See Sheet C100 for Demolition Notes.SYMBOL LEGENDDEMOLITION NOTESREMOVE AND DISPOSE OFBITUMINOUS PAVEMENT SECTIONSAWCUT, REMOVE, AND DISPOSE OF BITUMINOUS PAVEMENTSECTION.REMOVE AND DISPOSE OF ALL UNDERBRUSH, TREES, ANDROOTS.REMOVE AND DISPOSE OF EXISTING CONCRETE RIBBON CURB.KEY NOTES12REMOVE AND DISPOSE OFGRAVEL PAVEMENT SECTION3REMOVE AND DISPOSE OF ALLUNDERBRUSH, TREES, AND ROOTS.
GAS COMPANY PIPELINE EASEMENTASSUME 86 FT NORTHERN NATURALLot 1Lot 1Lot 2Lot 1Lot 3Lot 2Lot 4BLOCK 1BLOCK 4OUTLOT C
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M 6" X 6" TEEFES-4INV: 906.50FES-3INV: 910.00FES-2INV: 907.00FES-1INV: 907.50FES-12INV: 903.00FES-8INV: 902.50FES-15 & 16INV: 903.00FES-10INV: 899.00CB-2RIM: 914.96INV: 910.69STMH-1RIM: 915.02INV: 910.48SUMP: 906.48CB-5RIM: 908.42INV: 903.61SUMP: 899.61CB-4RIM: 913.11INV: 905.00SUMP: 901.00CB-3RIM: 915.29INV: 911.00FES-7INV: 902.50FES-9INV: 903.00FES-6INV: 902.506" X 6" TEE6" X 6" TEE6" X 6" TEECAP OPEN 6" END11.25° BEND45.00° BEND11.25° BEND22.50° BEND11.25° BEND22.50° BEND22.50° BEND11.25° BEND11.25° BEND11.25° BEND11.25° BENDCONNECT TOEXISTING WM6" DI
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M 6" DIP WM6" DIP WM6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANT37 LF 18" RCP@ 0.68%70 LF 12" RCP@ 0.72%56 LF 15" RCP@ 0.37%133 LF 15" RCP @ 0.37
%CB-6RIM: 908.12INV: 903.87SUMP: 899.8752 LF 15" RCP@ 11.69%85 LF 15" RCP@ 2.93%22.50° BEND11.25° BEND11.25° BEND127 LF 24" RCP @ 0.00%112 LF 24" RCP @ 0.89%112 LF 24" RCP @ 0.89%58 LF 15" RCP@ 1.05%29 LF 15"RCP @2.97%MATCH LINE SEE SHEET C200MATCH LINE SEE SHEET C201FES-5INV: 906.256" DIP
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M 6" X 6" TEEFES-4INV: 906.50FES-3INV: 910.00FES-2INV: 907.00FES-1INV: 907.50FES-12INV: 903.00FES-8INV: 902.50FES-15 & 16INV: 903.00FES-10INV: 899.00CB-2RIM: 914.96INV: 910.69STMH-1RIM: 915.02INV: 910.48SUMP: 906.48CB-5RIM: 908.42INV: 903.61SUMP: 899.61CB-4RIM: 913.11INV: 905.00SUMP: 901.00CB-3RIM: 915.29INV: 911.00FES-7INV: 902.50FES-9INV: 903.00FES-6INV: 902.506" X 6" TEE6" X 6" TEE6" X 6" TEECAP OPEN 6" END11.25° BEND45.00° BEND11.25° BEND22.50° BEND11.25° BEND22.50° BEND22.50° BEND11.25° BEND11.25° BEND11.25° BEND11.25° BENDCONNECT TOEXISTING WM6" DI
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M 6" DIP WM6" DIP WM6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANT37 LF 18" RCP@ 0.68%70 LF 12" RCP@ 0.72%56 LF 15" RCP@ 0.37%133 LF 15" RCP @ 0.37
%CB-6RIM: 908.12INV: 903.87SUMP: 899.8752 LF 15" RCP@ 11.69%85 LF 15" RCP@ 2.93%22.50° BEND11.25° BEND11.25° BEND127 LF 24" RCP @ 0.00%112 LF 24" RCP @ 0.89%112 LF 24" RCP @ 0.89%58 LF 15" RCP@ 1.05%29 LF 15"RCP @2.97%26'30'R20'R20'26'30'30'26'R20'R20'8'8'8'DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C200-C201 - Street And Utilities.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885C200UTILITY NOTES1.It is the responsibility of the contractor to perform or coordinate all necessary utilityconnections and relocations from existing utility locations to the proposed building,as well as to all onsite amenities. These connections include but are not limited towater, sanitary sewer, cable TV, telephone, gas, electric, site lighting, etc.2.The contractor shall verify the elevations at proposed connections to existing utilitiesprior to any demolition or excavation.3.The contractor shall notify all appropriate engineering departments and utilitycompanies 72 hours prior to construction. All necessary precautions shall be madeto avoid damage to existing utilities.4.All RCP pipe shown on the plans shall be MN/DOT class 3.5.Maintain a minimum of 7 ½' of cover over all water lines and sanitary sewer lines.Install water lines 18” above sanitary sewers, where the sanitary sewer crosses overthe water line, install sewer piping of materials equal to watermain standards for 9feet on both sides and maintain 18” of separation.6.Where 7 ½' of cover is not provided over sanitary sewer and water lines, install 2”rigid polystyrene insulation (MN/DOT 3760) with a thermal resistance of at least 5and a compressive strength of at least 25 psi. Insulation shall be 8' wide, centeredover pipe with 6” sand cushion between pipe and insulation. Where depth is lessthan 5', use 4” of insulation.7.All watermain piping shall be class 52 ductile iron pipe unless noted otherwise.8.Pressure test and disinfect all new watermains in accordance with state and localrequirements.STREET ANDUTILITIES PLANCABLE UNDERGROUND LINEFIBER OPTIC UNDERGROUND LINEELECTRIC UNDERGROUND LINEELECTRIC OVERHEAD LINETELEPHONE UNDERGROUND LINESTORM SEWER PIPESANITARY SEWER PIPENATURAL GAS UNDERGROUND LINEWATERMAIN PIPEDRAINTILE PIPESYMBOL LEGENDPROPOSED ROADWAY BITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C400PROPOSED TRAIL BITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C400WATER SHUTOFFGATE VALVE & BOXHYDRANTSANITARY MANHOLETEESTORM MANHOLEFLARED ENDCURB INLETPIPE INSULATION
Lot 1Lot 2Lot 4Lot 3Lot 4Lot 2BLOCK 3Lot 1BLOCK 2OUT
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%58 LF 15" RCP@ 1.05%29 LF 15"RCP @2.97%44 LF 18" RCP@ 7.28%20 LF 18" RCP@ 1.00%11.25° BENDMATCH LINE SEE SHEET C200MATCH LINE SEE SHEET C201FES-12INV: 903.00FES-8INV: 902.50FES-15 & 16INV: 903.00FES-13 & 14INV: 902.00FES-11INV: 902.00FES-10INV: 899.00STMH-7RIM: 906.00INV: 902.20CB-5RIM: 908.42INV: 903.61SUMP: 899.61CB-4RIM: 913.11INV: 905.00SUMP: 901.00CB-3RIM: 915.29INV: 911.00FES-7INV: 902.50FES-9INV: 903.00FES-6INV: 902.506" X 6" TEE6" X 6" TEECAP OPEN 6" END6" X 6" TEECAP OPEN 6" END6" X 6" TEE6" X 6" TEE11.25° BEND11.25° BEND11.25° BEND22.50° BEND11.25° BEND11.25° BEND6" DIP WM6" DIP WM6" DIP WM6" DIP WM6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANT6" GATE VALVE6" HYDRANTCB-6RIM: 908.12INV: 903.87SUMP: 899.8752 LF 15" RCP@ 11.69%85 LF 15" RCP@ 2.93%22.50° BEND11.25° BEND11.25° BEND127 L
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%58 LF 15" RCP@ 1.05%29 LF 15"RCP @2.97%44 LF 18" RCP@ 7.28%20 LF 18" RCP@ 1.00%11.25° BEND30'26'30'26'41'12'12'13'R20'R20'R25'R25'8'8'Lot 2Lot 3BLOCK 26" X 6" TEE6" X 6" TEE22.50° BEND11.25° BEND11.25° BEND6" DIP WM6" DIP WM6" DIP WMCONNECT TOEXISTING WM6" GATE VALVE6" HYDRANT11.25° BEND6" X 6" TEE6" X 6" TEE22.50° BEND11.25° BEND11.25° BEND6" DIP WM6" DIP WM6" DIP WMCONNECT TOEXISTING WM6" GATE VALVE6" HYDRANT11.25° BEND30'26'DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C200-C201 - Street And Utilities.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885C201CABLE UNDERGROUND LINEFIBER OPTIC UNDERGROUND LINEELECTRIC UNDERGROUND LINEELECTRIC OVERHEAD LINETELEPHONE UNDERGROUND LINESTORM SEWER PIPESANITARY SEWER PIPENATURAL GAS UNDERGROUND LINEWATERMAIN PIPEDRAINTILE PIPEUTILITY NOTES1.See Sheet C200 for Utility Notes.SYMBOL LEGENDPROPOSED ROADWAY BITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C400STREET ANDUTILITIES PLANTO LISBON AVE COURT NORTHWATERMAIN CONNECTION1C201Scale 1:100PROPOSED TRAIL BITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C400WATER SHUTOFFGATE VALVE & BOXHYDRANTSANITARY MANHOLETEESTORM MANHOLEFLARED ENDCURB INLETPIPE INSULATION
R25'R25'41'12'12'13'8'
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12'12'8'DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C202 Manning.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 2020Sheet:12.28.2041885C202MANNING AVENUETURNING LANEPLAN0NORTH2550100
TYPICALSECTIONSC300DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C300 - Typical Sections.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 2020Sheet:12.28.2041885R/WMANNING AVE NORTH90'TYPICAL SECTION - MANNING AVE NORTH AT LISBON AVENOT TO SCALE60'13'NB LTL (S OF LISBON)12'NB THRUCENTERLINE8'PAVEDSHLDR12'SB THRU (S OF LISBON)8'PAVEDSHLDR2.5%3.5" TYPE SP 12.5 WEAR COURSE (SPWEB340C) (2 LIFTS - FIRST LIFT 1.5", SECOND LIFT 2.0")BITUMINOUS TACK COAT1.5" TYPE SP 12.5 NON-WEAR COURSE (SPNWB330B)8" AGGREGATE BASE CLASS 5, 100% CRUSHED STONE AGGREGATE (SPEC 3138)24" SELECT GRANULAR BORROW (SPEC 3149.B)SUBGRADE TESTED AND APPROVED IN ACCORDANCE WITH CITY STANDARD SPECIFICATIONS4:1 MAX.C3002SB THRU (N OF LISBON)SB RTL (N OF LISBON)2.5%R/WCENTERLINE30'1.5" BIT. WEARING COURSE (SPWEA330C)BITUMINOUS TACK COAT2" BIT. NON-WEARING COURSE (SPWEB330C)6" AGGREGATE BASE CLASS 6, RECYCLED12" SELECT GRANULAR BORROW (SPEC 3149.B)SUBGRADE TESTED AND APPROVED IN ACCORDANCE WITH CITY STANDARD SPECIFICATIONS13'13'2' CONCRETERIBBON CURBBOULEVARD RESTORATION,6" TOPSOIL AND SEEDNOTE:1.TACK FACE OF GUTTER PRIOR TO BOTH LIFTS OF BITUMINOUS.40'R/W2.5%0.0% 2'NOT TO SCALETYPICAL SECTIONNEW DEVELOPMENT ROADWAY1C3004" PERF PE DRAINTILE(WRAPPED IN SOCK)6'2'8" AGGREGATE BASE CLASS 6, RECYCLED2.25" BITUMINOUS SIDEWALK WITH 2' CLEAR SPACE ON EITHER SIDE(SIDEWALK LOCATION PER PLAN)4:14'4:12'2'8'4:1 MAX0.0% 4:14:1 MAX1/211.5'
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5.03%5.28%910920930912914916918922924926928910920908912914916
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GAS COMPANY PIPELINE EASEMENTASSUME 86 FT NORTHERN NATURAL910910910910915915
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(EOF)908.00WET POND 1100-YEAR HWL: 908.86TOP:909.00NWL:906.50BTM:903.00WET POND 2100-YEAR HWL: 905.83TOP:906.00NWL:902.50BTM:899.00905910915920903904906907908909911912913914916917918919905903904906907907908908909909911912913914900900905910899899901901902903904906907908909911905903904
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5.03%5.28%MATCH LINE SEE SHEET C400MATCH LINE SEE SHEET C401DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C400-C401 - Grading.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885GRADINGPLANC4001.Tree protection consisting of snow fence or safety fence installed at thedrip line shall be in place prior to beginning any grading or demolitionwork at the site.2.All elevations with an asterisk (*) shall be field verified. If elevationsvary significantly, notify the Engineer for further instructions.3.Grades shown in paved areas represent finish elevation.4.Restore all disturbed areas with 4” of good quality topsoil and seed.5.All construction shall be performed in accordance with state and localstandard specifications for construction.GRADING NOTESPROPOSED CONTOURS - MAJOR INTERVALGRADE BREAK LINEPROPOSED CONTOURS - MINOR INTERVAL949950950EXISTING CONTOURS2.0%950.00 TC949.50 GLGRADE SLOPESPOT ABBREVIATIONS:TC - TOP OF CURBGL - GUTTER LINEB - BITUMUNOUSC - CONCRETEEO - EMERGENCY OVERFLOWTW - TOP OF WALLBW - BOTTOM OF WALL (F/G)(*) - EXISTING TO BE VERIFIEDSYMBOL LEGENDSYMBOL LEGEND
C S A H 15MANNING AVENUE NORTH910910915915920925911911912912913913914914916
916917918919921922923924
WET POND 2100-YEAR HWL: 905.83906.00902.50899.00WET POND 2100-YEAR HWL: 905.83TOP:906.00NWL:902.50BTM:899.00911912913914
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906 (EOF)905.002.83%5.28%MATCH LINE SEE SHEET C400MATCH LINE SEE SHEET C401DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C400-C401 - Grading.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885GRADINGPLANC4011.See Sheet C400 for Grading Notes.GRADING NOTESPROPOSED CONTOURS - MAJOR INTERVALGRADE BREAK LINEPROPOSED CONTOURS - MINOR INTERVAL949950950EXISTING CONTOURS2.0%950.00 TC949.50 GLGRADE SLOPESPOT ABBREVIATIONS:TC - TOP OF CURBGL - GUTTER LINEB - BITUMUNOUSC - CONCRETEEOF - EMERGENCY OVERFLOWOF - OVERFLOWTW - TOP OF WALLBW - BOTTOM OF WALL (F/G)(*) - EXISTING TO BE VERIFIEDSYMBOL LEGENDSYMBOL LEGEND
GAS COMPANY PIPELINE EASEMENTASSUME 86 FT NORTHERN NATURALLot 1Lot 2Lot 1Lot 3Lot 2Lot 4BLOCK 1BLOCK 4OUTLOT AOUTL
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(EOF)908.00WET POND 1100-YEAR HWL: 908.86TOP:909.00NWL:906.50BTM:903.00WET POND 2100-YEAR HWL: 905.83TOP:906.00NWL:902.50BTM:899.00INLET PROTECTION(TYP.)RIP RAP AT OUTLETS(TYP.)RIP RAP AT OUTLETS(TYP.)SILT FENCESILT FENCEINLET PROTECTION(TYP.)5.03%5.28%910920930912914916918922924926928910920908912914916
918910906908912
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922924910920904906908912914916918922924926910920912914916918MATCH LINE SEE SHEET C500MATCH LINE SEE SHEET C501(EOF)908.00WET POND 1100-YEAR HWL: 908.86TOP:909.00NWL:906.50BTM:903.00WET POND 2100-YEAR HWL: 905.83TOP:906.00NWL:902.50BTM:899.00INLET PROTECTION(TYP.)RIP RAP AT OUTLETS(TYP.)RIP RAP AT OUTLETS(TYP.)SILT FENCESILT FENCEINLET PROTECTION(TYP.)5.03%5.28%DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C500-C501 - Erosion.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885EROSION CONTROLPLANC500EROSION CONTROL NOTESSILT FENCERIP-RAP / ROCK CONST. ENTRANCEINLET PROTECTIONCONCRETE WASHOUT STATION(TO BE DETERMINED DURING CONSTRUCTION)SYMBOL LEGENDSYMBOL LEGEND1.Owner and Contractor shall obtain MPCA-NPDES permit. Contractor shall be responsible for all fees pertaining to this permit.The SWPPP shall be kept onsite at all times.2.Install temporary erosion control measures (inlet protection, silt fence, and rock construction entrances) prior to beginning anyexcavation or demolition work at the site.3.Erosion control measures shown on the erosion control plan are the absolute minimum. The contractor shall install temporaryearth dikes, sediment traps or basins, additional siltation fencing, and/or disk the soil parallel to the contours as deemednecessary to further control erosion. All changes shall be recorded in the SWPPP.4.All construction site entrances shall be surfaced with crushed rock across the entire width of the entrance and from theentrance to a point 50' into the construction zone.5.The toe of the silt fence shall be trenched in a minimum of 6”. The trench backfill shall be compacted with a vibratory platecompactor.6.All grading operations shall be conducted in a manner to minimize the potential for site erosion. Sediment control practicesmust be established on all down gradient perimeters before any up gradient land disturbing activities begin.7.All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than 14 days after theconstruction activity in that portion of the site has temporarily or permanently ceased. Temporary stockpiles without significantsilt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) and theconstructed base components of roads, parking lots and similar surfaces are exempt from this requirement.8.The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of theconstruction site, or diverts water around the site, must be stabilized within 200 lineal feet from the property edge, or from thepoint of discharge into any surface water. Stabilization of the last 200 lineal feet must be completed within 24 hours afterconnecting to a surface water. Stabilization of the remaining portions of any temporary or permanent ditches or swales mustbe complete within 14 days after connecting to a surface water and construction in that portion of the ditch has temporarily orpermanently ceased.9.Pipe outlets must be provided with energy dissipation within 24 hours of connection to surface water.10.All riprap shall be installed with a filter material or soil separation fabric and comply with the Minnesota Department ofTransportation Standard Specifications.11.All storm sewers discharging into wetlands or water bodies shall outlet at or below the normal water level of the respectivewetland or water body at an elevation where the downstream slope is 1 percent or flatter. The normal water level shall be theinvert elevation of the outlet of the wetland or water body.12.All storm sewer catch basins not needed for site drainage during construction shall be covered to prevent runoff from enteringthe storm sewer system. Catch basins necessary for site drainage during construction shall be provided with inlet protection.13.In areas where concentrated flows occur (such as swales and areas in front of storm catch basins and intakes) the erosioncontrol facilities shall be backed by stabilization structure to protect those facilities from the concentrated flows.14.Inspect the construction site once every seven days during active construction and within 24 hours after a rainfall eventgreater than 0.5 inches in 24 hours. All inspections shall be recorded in the SWPPP.15.All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or the sediment reaches 1/3 ofthe height of the fence. These repairs must be made within 24 hours of discovery, or as soon as field conditions allow access.All repairs shall be recorded in the SWPPP.16.If sediment escapes the construction site, off-site accumulations of sediment must be removed in a manner and at a frequencysufficient to minimize off-site impacts.17.All soils tracked onto pavement shall be removed daily.18.All infiltration areas must be inspected to ensure that no sediment from ongoing construction activity is reaching the infiltrationarea and these areas are protected from compaction due to construction equipment driving across the infiltration area.19.Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surface waters,including stormwater conveyances such as curb and gutter systems, or conduits and ditches unless there is a bypass in placefor the stormwater.20.Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris andother wastes must be disposed of properly and must comply with MPCA disposal requirements.21.Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to preventspills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage anddisposal of hazardous waste must be in compliance with MPCA regulations.22.External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must becontained and waste properly disposed of. No engine degreasing is allowed onsite.23.All liquid and solid wastes generated by concrete washout operations must be contained in a leak-proof containment facility orimpermeable liner. A compacted clay liner that does not allow washout liquids to enter ground water is considered animpermeable liner. The liquid and solid wastes must not contact the ground, and there must not be runoff from the concretewashout operations or areas. Liquid and solid wastes must be disposed of properly and in compliance with MPCA regulations.A sign must be installed adjacent to each washout facility to inform concrete equipment operators to utilize the proper facilities.24.Upon completion of the project and stabilization of all graded areas, all temporary erosion control facilities (silt fences, haybales, etc.) shall be removed from the site.25.All permanent sedimentation basins must be restored to their design condition immediately following stabilization of the site.26.Contractor shall submit Notice of Termination for MPCA-NPDES permit within 30 days after Final Stabilization.
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MATCH LINE SEE SHEET C500MATCH LINE SEE SHEET C501WET POND 2100-YEAR HWL: 905.83906.00902.50899.00WET POND 2100-YEAR HWL: 905.83TOP:906.00NWL:902.50BTM:899.00(EOF)905.00INLET PROTECTION(TYP.)RIP RAP AT OUTLETS(TYP.)RIP RAP AT OUTLETS(TYP.)DOUBLE SILT FENCEINLET PROTECTION(TYP.)ROCK CONSTRUCTIONENTRANCE2.83%5.28%DescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C500-C501 - Erosion.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885EROSION CONTROLPLANC501EROSION CONTROL NOTES1.See Sheet C500 for Erosion Control Notes.SYMBOL LEGENDSYMBOL LEGENDSILT FENCERIP-RAP / ROCK CONST. ENTRANCEINLET PROTECTIONCONCRETE WASHOUT STATION(TO BE DETERMINED DURING CONSTRUCTION)
GAS COMPANY PIPELINE EASEMENTASSUME 86 FT NORTHERN NATURALLot 1Lot 2Lot 1Lot 3Lot 2Lot 4BLOCK 1BLOCK 4OUTLOT AOUTL
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MATCH LINE SEE SHEET C600MATCH LINE SEE SHEET C601LIGHT POLELIGHT POLEDescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C600-C601 LandScape.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885C600SYMBOL LEGENDPROPOSED BUILDING FOOTPRINTLIGHT POLE1.THE LANDSCAPING LAYOUT DEPICTS A TOTAL OF 95 TREES, CONSISTING OF 31 CONIFEROUSAND 64 DECIDUOUS TREES.2.PROVIDE AND INSTALL PLANT MATERIALS THAT MEET SPECIFICATIONS AND ARE OF THESIZE, TYPE, AND SPECIES GIVEN IN PLANT SCHEDULE.3.REMOVE DEAD OR DAMAGED BRANCHES. RETAIN THE NATURAL FORM OF THE TREE ORSHRUB.4.DO NOT CUT THE LEADER.5.PLACE WEED BARRIER. DIG PLANT HOLES 12" MIN. LARGER THAN BALL, ALL SIDES. BACK FILLWITH PLANTING SOIL - SEE SPEC. SCARIFY BOTTOM OF PLANTING HOLE. REFER TOSPECIFICATIONS FOR ADDITIONAL INFORMATION.6.IN CASE OF ANY DISCREPANCIES BETWEEN THIS DETAIL, PLANS OF SPECIFICATIONS, THESPECIFICATION SHALL GOVERN.PLANTING NOTESEQUALS TWICE BALLDIAMETER12"MIN.18"MIN.OPTIONAL STAKINGMETHOD - 6' METALPOSTS AND RUBBERHOSE STRAPSHOSE LOOPS3 GUYS EACH OF10 GAUGE TWISTEDWIRE 120 DEGREESAPART AROUND TREECOLOREDFLAGS1 PER WIRETURNBUCKLE4" DEEP MULCH, HOLDBACK 2" FROM STEM.SOD24" STAKE TYP.BACKFILL WITHTOPSOIL ANDPEAT MOSS 3:1 RATIOFOLD BACKBURLAP ANDREMOVE ALLTIES &/ORWIRES FROMTOP OF BALLREFER ALSO TOSPECIFICATIONSSCARIFY ALL SIDESAND BOTTOM OFEXCAVATED HOLE(AFTER SETTLEMENT)3" LAYER OF SHREDDEDHARDWOOD BARK MULCHSAUCER - 4' DIAMFINISH GRADEPLACE TO FORM SIZE VARIESROOTBALL12"DECIDUOUS TREEAS PER SCHEDULEPLANTING SOIL,SEE SPEC.REMOVE TOP 1/3 OF BURLAPFROM ROOT BALLNOT TO SCALEPLANTING DETAILDECIDUOUS TREE2C600NOT TO SCALEPLANTING DETAILCONIFEROUS TREE1C600LANDSCAPING,LIGHTING, ANDSIGNAGE PLANPROPOSED ROADWAYBITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C300PROPOSED TRAIL/DRIVEWAYBITUMINOUS PAVEMENTPROPOSED DECIDUOUS TREEPROPOSED CONIFEROUS
C S A H 15MANNING AVENUE NORTHLot 1Lot 2Lot 4Lot 3Lot 4Lot 2BLOCK 3Lot 1BLOCK 2OUT
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B LIGHT POLEMATCH LINE SEE SHEET C600MATCH LINE SEE SHEET C601STOP SIGN ANDLANE USE SIGNLIGHT POLESTOP SIGNDescriptionRev.DateSUNFLOWER MEADOWS RESIDENTIAL DEVELOPMENTLAKE ELMO, MN 55042Sheet Title:Project #:Drawn By:Checked By:Issue Date:12196177.000MTHMJW12.28.203524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2020 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2019\12196177 - Bruggeman Residential Development (Lake Elmo)\C. Design\Drawing Files\12196177 - C600-C601 LandScape.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comLarsonEngineering, Inc.Project Title:Client:First M. Last, P.E.Date: Lic. No.:I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY PLAT - DECEMBER 28, 20200NORTH2550100Sheet:12.28.2041885LANDSCAPING,LIGHTING, ANDSIGNAGE PLANC601SYMBOL LEGEND1.See sheet C600 for planting notes.PLANTING NOTESPROPOSED ROADWAYBITUMINOUS PAVEMENTSEE TYPICAL SECTION, DETAIL 1/C300PROPOSED TRAIL/DRIVEWAYBITUMINOUS PAVEMENTPROPOSED DECIDUOUS TREEPROPOSED CONIFEROUSPROPOSED BUILDING FOOTPRINTLIGHT POLE
PAGE 1 of 2
MEMORANDUM
Date: April 7, 2021
To: Ken Roberts, Planning Director Re: Sunflower Meadows Open Space PUD (2500
Manning Ave)
Cc: Chad Isakson, PE, Assistant City Engineer Preliminary Plan Review
From: Jack Griffin, PE, City Engineer
An engineering review has been completed for the Sunflower Meadows Open Space (2500 Manning Avenue)
Preliminary Plat/Plans received on March 9, 2021. The submittal consisted of the following documentation:
Preliminary Plan Narrative dated February 26, 2021.
Preliminary Plat dated February 28, 2021.
Preliminary Residential Development Plans, dated December 28, 2020.
Stormwater Management Report, dated December 28, 2020.
STATUS/FINDINGS: It is recommended that the Preliminary Plat/Plans be denied. The Preliminary Plat/Plans do
not adequately address the conditions of Concept Plan approval.
SUNFLOWER MEADOWS PRELIMINARY PLAT/PLANS
Rural section streets are prohibited by the Open Space ordinance. All streets must be designed to meet the
city engineering design standards including R/W width, street width and urban section design. Surmountable
concrete curb and gutter should be installed in single family residential areas with future driveways and B618
curb installed along entrance roadways and medians. City standards require 32‐foot‐wide streets within 66‐
foot right‐of‐way.
Ten (10) foot utility easements are required on either side of all right‐of‐way. Easements have not been
shown on the preliminary plat or plans. Landscaping plans show boulevard trees located within the dedicated
small utility easement corridor. All boulevard trees must be relocated per city standard detail 805.
Secondary Access. A secondary residential street connection is shown to Lisbon Avenue in the Heritage
Farms development. The preliminary plans currently show this connection, however, the street geometric
connection details must be revised to convert the existing dead‐end cul‐de‐sac to a future through street
meeting current city street design standards. Parkway or divided roadways must be a minimum of 19 feet
wide from face of curb to face of curb. The divided roadway segment of Lisbon Avenue must be
reconstructed to meet current city standards for divided one‐way streets.
An 8‐foot bituminous trail with 2‐foot clear zones is required to be constructed along the entire length of all
proposed streets with a minimum 5‐foot boulevard. Any trails proposed along drainage systems must
maintain an elevation such that the bottom of the trail aggregate base is 18‐inches above the ditch bottom.
The site plan shows three storm water pond areas located on Outlot A, Oulot B and Outlot C respectively.
The proposed storm water ponds must be revised to meet city design standards, including 10:1 aquatic
bench, 10:1 maintenance bench, and minimum 20‐foot‐wide maintenance access roadway with grades less
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 2
than 10%. Wet ponds must also be a minimum 4‐foot pool depth and must incorporate city standard outlet
control structures. These facilities must all be clearly shown on the plans.
Outlot A, B and C must be revised to fully incorporate the 100‐year HWL, maintenance bench and
maintenance access roadways. Outlot A (and Wet Pond 1) must be revised to mitigate any encroachment
onto the gas pipeline easement.
All stormwater ponds are shown as “wet ponds” which do not provide for volume control. The site plan must
be revised to incorporate volume control requirements to meet VBWD rules.
The site plan shows an existing drainage way bisecting the site. The 100‐year high water level (HWL) must
be determined for this drainageway and all setbacks and vertical separations will need to be maintained for
adjacent low floor elevations and septic systems.
Drainage easements are required over Lot 1, Block 2; and over Lot 1, Block 3 for the drainage way that is
bisecting the development site and carrying stormwater from the north to south. The drainage easements
over these lots must incorporate the 100‐year HWL for the drainage way.
As part of the preliminary plat/plan application all wetlands and wetland buffers must be delineated and
shown on the plans and placed on dedicated Outlots. No wetland buffer has been shown.
The Preliminary Plat plan scale must be corrected to reflect the scale presented on the plan sheet. The scale
must not be less than 1” = 100 feet. A plan legend must be included on the preliminary plat to facilitate a
complete review by the City. Line types must be labeled.
Lot easements must be shown and dimensioned for dedication with the Preliminary Plat.
Drainage and utility easements must be shown and dimensioned on the Preliminary Plat and plans.
Minimum floor elevations and low openings must be provided for all lots, demonstrating a minimum vertical
separation of 2‐feet from low floor to any adjacent pond HWL and demonstrating a minimum vertical
separation of 1‐foot from low opening to any adjacent emergency overflow elevation.
Location, dimensions, and slopes of all driveways must be identified on the preliminary plans.
Septic system dimensions, areas and setbacks must be shown on the plat and plans, including 10‐feet from
all property lines and 20‐feet from all structures. Septic systems must also remain fully outside of all
easements areas including the 10‐foot small utility corridors along the dedicated street rights‐of‐way. Septic
system locations must be revised for Lot 2, Block 1; and Lots 1 and 2, Block 3.
Grading and erosion control plans must show ALL trees to be saved with spot elevations shown for each tree.
Two connection points to the existing watermain system are required. The subdivision must connect to the
proposed 12‐inch trunk watermain replacement located in Lisbon Avenue, with a 12‐inch trunk watermain
extended into the development, then south along the stub street, then west along the rear property line,
and stubbed to the south plat limits for future extension of city water along Lisbon Avenue within the Eden
Park subdivision (to the vacated right‐of‐way of Lisbon Avenue North). An 8‐inch lateral watermain must
then extend throughout the remaining development to serve each proposed property. If this stub remains
less then 1,000 feet in length, the loop connection to Lisbon Court North on the east side of the Heritage
Farms subdivision is not necessary.
All utilities and easements must be shown on the landscape plans to facilitate a complete review by city staff
and all boulevard trees must be relocated accordingly.
Memo
To: Ken Roberts, City of Lake Elmo
Planning Director
From: Sarah Harding, Landscape Architect
Jenna Niday, Landscape Designer
File: City of Lake Elmo Landscape Plan Review
Sunflower Meadows PUD, Review #2
Date: March 18, 2021
Submittals
▪ Preliminary Plat, dated 12-28-2020, received 2-26-2021.
▪ Landscape Plans, dated 12-28-2020, received 3-16-2021.
Location: Northeast quadrant of the intersection of 30th Street North & Manning Avenue North, Lake Elmo,
MN
Land Use Category: Rural Residential
Surrounding Land Use Concerns: None.
Special landscape provisions in addition to the zoning code: Open Space PUD standards require 10
trees per building site. There must be a boulevard tree to account for every 30 linear feet of public street. A
200-foot buffer is required from all adjacent property lines that abut and existing residential development, as
well as a 100-foot buffer from all adjacent property lines that abut land that is eligible for future development
as an open space planned unit development.
Findings:
1. The applicant is reserving a large majority of all the existing trees onsite and is asking that these trees
make up for the 10 required trees for each building site. They are also proposing that future landowners
be responsible for purchasing and planting these 10 required trees. A landscape plan for the development
is required, showing the 10 proposed trees per building site. A tree preservation plan will help identify
existing significant trees on each lot that may account for these 10 required trees and inform how many of
the required 10 trees remain to be planted per building site.
2. The applicant is proposing planting the 64 required boulevard trees, one for every 30 lineal feet. These
are accounted for and shown on the provided landscape plans.
3. The preserved trees on site may count towards the required screening buffers the Open Space PUD call
for. The applicant is asking that the area that borders Eden Park be revised from a required 200-foot
buffer to a 100-foot buffer and states that City Council was supportive of this idea if it is screened with
new plantings to mitigate the reduced buffer. These trees are being accounted for and shown on the
provided landscape plans.
4. Driveways are being shown for each home and some of the boulevard trees appear to be too close to the
driveways. For future submittals, all proposed trees must be 10 feet from all utilities and driveways.
5. The applicant has referenced that open space requirements will be met by way of a City of Lake Elmo
conservation easement which spans land owned and maintained by individual lot owners. A maintenance
plan was not submitted as the time of this review. Further consideration and discussion by the City is
recommended to ensure conservation easement goals and management plan actions are sustainable for
City and transfer when lot ownership changes occur.
March 18, 2021
Ken Roberts
Planning Director
City of Lake Elmo
Page 2 of 2
Recommendation:
It is recommended that conditions of approval include:
1. The applicant provides a landscape plan showing 10 existing or proposed trees per building lot, with the
intention of providing the required trees per Open Space PUD standards.
a. Existing trees meeting the City ordinance definition for significant tree can be counted. A
healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees,
19 feet in height or eight (8) inches in diameter for coniferous/evergreen trees, or twelve (12)
inches in diameter for common trees.
b. If 10 or more significant existing trees are located on a proposed lot, additional new trees do
need to be planted to make the number of new and existing significant trees at least 10.
c. If no significant, existing trees are located on a proposed lot, 10 new trees need to be planted.
2. The applicant submit a tree preservation plan.
Stantec Consulting Services Inc.
Sarah Harding, PLA (MN)
City of Lake Elmo Municipal Landscape Architect
P: (952) 215-2661
E: sharding@wenck.com
A great place to live, work and play…today and tomorrow
North Shop • 11660 Myeron Road North • Stillwater, MN 55082-9537 Telephone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
Public Works
Donald J. Theisen, P.E., Director
Wayne H. Sandberg, P.E., Deputy Director
County Engineer
March 16, 2021
Ken Roberts
Planning Director
City of Lake Elmo
3880 Laverne Avenue
Lake Elmo, MN 55042
Comments on the Preliminary Plans for Sunflower Meadows Open Space Planned Use Development
Dear Ken Roberts,
Thank you for the opportunity to comment on the preliminary plans for the Sunflower Meadows Planned Use
Development. We are grateful for the City of Lake Elmo’s partnership on this project. Our development review
team has reviewed the preliminary plans and offers the following comments:
• The provision of right and left turn lanes from the proposed development onto County State Aid
Highway 15 is warranted by traffic volumes and supported by the County. The design of these turn lane
improvements will need to meet county design standards and may be impacted by nearby intersections.
• The dedication of 90 feet of right-of-way from centerline as shown on the typical section contained in
the plans meets the requirements prescribed by the Washington County 2040 Comprehensive Plan.
• The development to the north will be getting connected to municipal services through the upcoming
Heritage Farms Utility Farms Street and Utility Improvements project. The City is encouraged to
coordinate with that utility improvement work to provide municipal services to this proposed
development.
• The location of the proposed development is in close proximity to County State Aid Highway 15 which
regularly accommodates high traffic volumes and is expected to be expanded to a four-lane road in the
future. The inherent noise impacts associated with these conditions should be considered. The County
will not support the construction of noise walls nor tree plantings in the right-of-way to mitigate any
future complaints associated with noise.
Thank you again for this opportunity to comment on the preliminary plans for the Sunflower Meadows Planned
Use Development. If you have any questions, please contact me at 651-430-4307 or at
kurt.howard@co.washington.mn.us.
Sincerely,
Kurt Howard
Kurt Howard
Planner I
STAFF REPORT
DATE: April 12, 2021
Public Hearing TO: Planning Commission FROM: Ken Roberts, Planning Director AGENDA ITEM: Amending the Lake Elmo Zoning Ordinance to adopt the Lake Elmo Airport Zoning Ordinance REVIEWED BY: Ben Prchal, City Planner Sarah Sonsalla, City Attorney
BACKGROUND INFORMATION In 2018, the Metropolitan Airports Commission (MAC) formed a joint airport zoning board (JAZB) for the Lake Elmo airport. The JAZB consisted of members from Baytown Township, West Lakeland
Township, City of Lake Elmo, City of Oak Park Heights, and the MAC.
The JAZB created a Lake Elmo Airport Zoning Ordinance to regulate the use of property and the height of structures and objects of natural growth in the vicinity of the Lake Elmo Airport. The purpose of the regulations in the Ordinance are to prevent hazards and other potential land use issues from
impacting the aircraft and air traffic of the Lake Elmo Airport. A hazard, such as a tall antenna tower,
could impact landings and take-offs from the Airport if the hazard is built within a certain distance of the runways. The Ordinance developed by the JAZB establishes height limitations for structures and trees within close proximity of the Airport, so as to prevent tall structures and vegetation from becoming hazards. The final draft of the Ordinance was adopted by the JAZB on February 10, 2021
and was filed with the County Recorder on February 19, 2021.
Minnesota Statutes Section 360.064, subdivision 1 (Airport Zoning; Comprehensive Regulations) states: In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to
the same area or portion thereof must incorporated by reference or incorporated in and made part of such comprehensive zoning regulations and be administered and enforced in connection therewith. As such, the City of Lake Elmo is required by State law to adopt by reference or incorporate the
Airport Zoning Ordinance as part of the City Zoning Ordinance.
CURRENT REGULATIONS: The Lake Elmo Zoning Ordinance does not have specific regulations for land uses near the Lake Elmo Airport. This proposed Airport zone is an overlay zone, which is overlaid, or on top of, the normal
zoning district. This is similar to the shoreland district. As an overlay, it only is present in certain
areas of the City. If a parcel of land is near the airport, the parcel would have to follow the regulations of the zoning district the lot is zoned as, as well as the regulations in the Airport overlay district. If the City adopts the Lake Elmo Airport Zoning
Ordinance, the City regulations currently listed in
the Zoning Ordinance would be overlaid with the Lake Elmo Airport Zoning Ordinance. Once the Airport Zoning Ordinance is adopted by the City Council, City staff will update the City’s zoning
map to reflect the revised overlay district
boundaries for the Airport Overlay District. Much of the Airport Overlay District area is within the City of Lake Elmo, though Baytown and West
Lakeland Townships have large areas as well.
PROPOSED ORDINANCE The Lake Elmo Airport Ordinance created by the JAZB creates an airport zone. Within the zone are two main safety zones: JAZB Zone 1 and JAZB Zone 2. JAZB Zone 1 includes a runway protection
zone for each runway, and largely covers land owned by the MAC. JAZB Zone 2 extends out to a
distance of approximately 5,000 feet from the runways. Areas between JABZ Zone 2 and the limit of the Airport zone include a large portion of the City of Lake Elmo. Exhibit E in the Lake Elmo Airport Zoning Ordinance shows the extent of the new airport zone, as
well as the contours that cannot be exceeded by structures or trees. Exhibit F shows the extent of the
two safety zones. The Ordinance also shows in pages 29-61 a more detailed look at the contours in each quarter- quarter section with 10-foot increments for each contour. Pages 63-96 of the airport zoning ordinance show maximum building heights that do not need a special permit or approval. Manning Avenue.
Figure 2: Exhibit E from the Lake Elmo Airport Zoning Ordinance
Figure 3: Exhibit F from the Lake Elmo Airport Zoning Ordinance
JAZB Zone 1 includes runway protection zones and is essentially a no-build zone at the end of each runway. JAZB Zone 2 allows buildings and structures as long as they do not exceed the height limits outlined in the Airport Zoning Ordinance. The lowest maximum height allowed in JAZB Zone 2 is 50 feet near the end of the runways. As shown in the exhibits in the Ordinance, the height restrictions decrease the further you are away from the Airport. The Lake Elmo
Zoning Ordinance also already limits the height of most structures to 35 feet. The existing maximum height standards in the City Zoning Code would not change with the addition of the Airport Zoning Ordinance. Structures nonconforming to the height requirements in the Airport Zoning Ordinance could remain, though they would potentially need to have hazard marking and lighting.
The Airport Zoning Ordinance also outlines the processes for permits, variances, and appeals.
The Airport Zoning Ordinance establishes a Board of Adjustment to review appeals, as well as
variances to the requirements of the Airport Zoning Ordinance. In order to implement the Lake Elmo Airport Zoning Ordinance, the City can either incorporate the entire text into the Lake Elmo Zoning Ordinance, or can adopt it by reference. Incorporating
by reference would be simplest. A copy of the Ordinance would be available at the City Hall, as
well as on the JAZB page on the MAC website. We also could post links and a copy of the Ordinance on the City website. If incorporating the Airport Zoning Ordinance into the current Lake Elmo Zoning Ordinance, the proposed text would be added to the Zoning Ordinance similar to the shore land management ordinance.
ACTION REQUESTED The Planning Commission can recommend to the City Council that it do one of the following:
1. Adopt the Lake Elmo Airport Zoning Ordinance by reference; or
2. Adopt the Lake Elmo Airport Zoning Ordinance by incorporating the text into the Lake Elmo Zoning Ordinance STAFF RECOMMENDATION City Staff recommends that the Planning Commission recommend to the City Council approval of an amendment to the Lake Elmo Zoning Ordinance by adopting the 2021 Lake Elmo Airport Zoning Ordinance by reference.
The proposed new ordinance language would read as follows:
Article XXI. Lake Elmo Airport Overlay District
Section 154.920 Airport Overlay District
(1) Applicability. The airport overlay district applies to land near the Lake Elmo General Aviation Airport. The specific regulations in this district are in addition to, rather than in lieu of, regulations imposed by any other zoning classification for the same land.
(2) Regulations. Properties and uses within this overlay district are regulated in accordance with the City of Lake Elmo Zoning Ordinance and also must abide by the Lake Elmo Airport Zoning Ordinance. In the event of a conflict between the City of Lake Elmo Zoning Ordinance and the Lake Elmo Airport Zoning Ordinance, the more stringent
limitation or requirement shall govern and prevail. A copy of the Lake Elmo Airport Zoning Ordinance is available at the Lake Elmo City Hall, as well as with the Metropolitan Airports Commission.
Attachments:
1. Lake Elmo Airport Zoning Ordinance
2. Maximum Construction Heights Map (page 62)
Lake Elmo irport
Zoning Ordinance
Adopted February 10, 2021
Adopted by the
Lake Elmo Airport Joint Airport Zoning Board
Contact Person:
Lake Elmo Joint Airport Zoning Board
c/o JAZB Secretary
Metropolitan Airports Commission
6040 28th Avenue South
Minneapolis, Minnesota 55450
Table of Contents
SECTION I. PURPOSE AND AUTHORFTY.............................................................................1
SECTION II. TITLE AND SHORT TITLE................................................................................2
SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION ................................................2
SECTION IV. AIRSPACE OBSTRUCTION ZONING ..................................................................6
SECTION V. LAND USE SAFETY ZONING.............................................................................9
SECTION VII. NONCONFORMING USES...............................................................................10
SECTION VIII. AIRPORT ZONING PERMITS ..........................................................................11
SECTION IX. VARIANCES .................................................................................................13
SECTION X. HAZARD MARKING AND LIGHTING................................................................14
SECTION XL ZONING ADMINISTRATOR.............................................................................14
SECTION XII. BOARD OF ADJUSTMENT ..............................................................................15
SECTION XIII. APPEALS ......................................................................................................16
SECTION XIV. JUDICIAL REVIEW ........................................................................................17
SECTION XV. PENALTIES AND OTHER REMEDIES................................................................18
SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES................................ 18
SECTION XVII. SEVERABILITl^..............................................................................................19
SECTION XVIII. EFFECTIVE DATE ..........................................................................................19
EXHIBFT A - AIRPORT BOUNDARY............................................................................................21
EXHIBFTB-JAZBSAFF^ ZONE 1............................................................................................22
EXHIBFT C - JAZB SAFETY ZONE 2............................................................................................23
EXHIBFT D - AIRPORT BOUNDARY AND AIRSPACE ZONING LIMFTS............................................24
EXHIBFT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS...................................................25
EXHIBFT F - AIRPORT BOUNDARY AND SAFETY ZONING LIMFTS................................................26
AIRSPACE ZONES, INDEX SHEFT AND PLATES A -A2TO A - F6..................................................27
MAXIMUM CONSTRUCTION HEIGHTS WITHOUT PERMFT, INDEX SHEET AND PLATES MCH - A2
TO MCH-F6............................................................................................................................62
SAFFTY ZONES, INDEX SHEET AND PLATES SZ - A2 TO SZ - F6..................................................97
Lake Elmo Airport Zoning Ordinance Page i
LAKE ELMO AIRPORT
ZONING ORDINANCE
ADOPTED BY THE
LAKE ELMO AIRPORT JOINT AIRPORT ZONING BOARD
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINHY OF
THE LAKE ELMO AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE
BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF
SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE LAKE ELMO AIRPORT ZONING MAP;
PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING
PENALTIES.
THEREFORE, IT IS HEREBY ORDAINED BY THE LAKE ELMO AIRPORT JOINT AIRPORT ZONING
BOARD PURSUANT TO THE AUTHORHY CONFERRED BY MINNESOTA STATUTES §§ 360.061 -
360.074, THAT THE LAKE ELMO AIRPORT ZONING ORDINANCE BE EFFECTIVE AS FOLLOWS:
SECTION I. PURPOSE AND AUTHORITY
The LAKE ELMO Airport Joint Airport Zoning Board, created and established by joint action of the
Metropolitan Airports Commission and the Cities of Lake Elmo and Oak Park Heights, Baytown
Township, and West Lakeland Township, pursuant to the provisions and authority of Minnesota
Statutes § 360.063, hereby finds and declares that:
A. An Airport Hazard endangers the lives and property of users of the Airport and property
or occupants of land in its vicinity, and also, if of the obstructive type, in effect reduces
the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus
tending to destroy or impair the utility of the Airport and the public investment therein.
B. The creation or establishment of an Airport Hazard is a public nuisance and an injury
to the region served by the Airport.
C. For the protection of the public health, safety, order, convenience, prosperity, and
general welfare, and for the promotion of the most appropriate use of land, it is
necessary to prevent the creation or establishment of Airport Hazards.
Lake Elmo Airport Zoning Ordinance Page 1
D. The prevention of these Airport Hazards should be accomplished, to the extent legally
possible, by the exercise of police power without compensation.
E. The elimination or removal of existing land uses or their designation as nonconforming
uses is not in the public interest and should be avoided whenever possible, consistent
with reasonable standards of safety.
F. In addition, the social and economic costs of disrupting land uses around the Airport
often outweigh the benefits of a reduction in Airport Hazards, requiring a balance
between the social and economic costs to surrounding communities and the benefits
of regulation.
G. Preventing the creation or establishment of Airport Hazards and eliminating, removing,
altering, mitigating, or marking and lighting of existing Airport Hazards are public
purposes for which political subdivisions may raise and expend public funds, levy
assessments against land, and acquire land and property interests therein.
SECTION II. TITLE AND SHORT TFTLE
This ordinance shall be known as the "Lake Elmo Airport Zoning Ordinance."
SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION
A. Definitions. As used in this Lake Elmo Airport Zoning Ordinance, unless otherwise
expressly stated, or unless the context clearly indicates a different meaning, the words
and phrases in the following list of definitions shall have the meanings indicated. All
words and phrases not defined shall have their common meaning.
1. Airport. "Airport" means Lake Elmo Airport located in Washington County,
Minnesota.
2. Airport Boundary. "Airport Boundary" means the boundary shown on
Exhibit A - Air ort Bounda , attached hereto and made a part hereof.
3. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land
that obstructs the airspace required for, or is otherwise hazardous to, the flight
of aircraft in landing or taking off at the Airport; and, any use of land that is
hazardous to Persons or property because of its proximity to the Airport.
4. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as
required under Section VIII.
Lake Elmo Airport Zoning Ordinance Page 2
5. Airspace Surfaces. "Airspace Surfaces" means the suri'aces established in
Section IV.A.
6. Airspace Zones. "Airspace Zones" means the land use zones established in
Section IV.A.
7. Board of Adjustment. "Board of Adjustment" means the body established
in Section XII.
8. Commissioner. "Commissioner" means the Commissioner of the Minnesota
Department of Transportation or, if either the position of Commissioner or the
Minnesota Department of Transportation shall no longer exist or serve its
present functions, such successor state official or officials or entity or entities
as shall either singularly or collectively perform or serve such functions.
9. Effective Date. "Effective Date" means the effective date set forth in
Section XVIII.
10. FAA. "FAA" means the Federal Aviation Administration or, if the Federal
Aviation Administration shall no longer exist or serve its present functions, such
successor federal entity or entities as shall either singularly or collectively
perform or serve such functions.
11. FAA 7460 Obstruction Evaluation. Established FAA process for conducting
aeronautical studies conducted under the provisions of Title 14 CFR, Part 77
(for proposed construction or alteration) or Federal Aviation Act of 1958 (for
existing structures), or any successor to this process.
12. Lake Elmo Airport Zoning Map. "Lake Elmo Airport Zoning Map" means
the Lake Elmo Airport Zoning Map as defined in Section VI.C.
13. Lot. "Lot" means a designated parcel, tract, or area of land established by
plat or subdivision, or otherwise permitted by law.
14. Noncon forming Structure. "Nonconforming Structure" means any Structure
in existence in any Airspace Zone or Safety Zone but not conforming to the
provisions of this Lake Elmo Airport Zoning Ordinance on the Effective Date.
15. Nonconformlng Use. "Nonconforming Use" means any use of land in
existence in any Airspace Zone or Safety Zone but not conforming to the
provisions of this Lake Elmo Airport Zoning Ordinance on the Effective Date.
16. Person. "Person" means any individual, firm, partnership, corporation,
company, association, joint stock association, or body politic, and includes a
Lake Elmo Airport Zoning Ordinance Page 3
trustee, receiver, assignee, administrator, executor, guardian, or other
representative.
17. Planned. "Planned" means proposed future Airport developments and
improvements indicated on a planning document having the approval of the
FAA, the Minnesota Department of Transportation, Office of Aeronautics, and
the Metropolitan Airports Commission.
18. Runway. "Runway" means any existing or planned paved surface of the
Airport which is specifically designated and used or planned to be used for the
landing and/or taking off of aircraft. The individual Runways at the Airport are
defined in this Lake Elmo Airport Zoning Ordinance based on the compass
heading of landing aircraft.
19. Runway 14-32. "Runway 14-32" means the planned 3,500-foot non-
precision primary runway. Both the Runway 14 and 32 ends are within Baytown
Township.
20. Runway 04-22. "Runway 04-22" means the planned 2,750-foot non-
precision crosswind runway. Both the Runway 04 and 22 ends are within
Baytown Township.
21. Runway Protection Zone. "Runway Protection Zone" means a zone
mandated by FAA regulations that is longitudinally centered on the extended
centerline at each end of Runways 14-32 and 04/22, whose inner edge is at
the same width and elevation as, and coincides with, the end of the Primary
Surfaces (250 feet) for Runways 14-32 and 04-22; and that extends outward
a horizontal distance of 1,000 feet, expanding uniformly to a width of 450 feet
for Runways 14-32 and 04-22,
22. Safety Zones. "Safety Zones" means the land use zones established in
Section V.A.
23. School. "School" means any private or public educational institution for
people in kindergarten through grade 12 and any private or public day care or
pre-school facility that enrolls more than 50 children.
Lake Elmo Airport Zoning Ordinance Page 4
24. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic
ratio of horizontal magnitude to vertical magnitude.
lope = 3:1 = 3ft. horizontal to 1 ft. vertical
25. Structure. "Structure" means anything anchored, attached, built,
constructed, erected, gathered, located, placed, or piled on the ground or in
or over a water body, whether temporary or permanent, moveable or
immovable, including antennae, buildings, canopies, cranes, decks, derricks,
docks, edifices, equipment, fences, overhead transmission lines, patios, piers,
piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires,
and anything attached to any of the foregoing either temporarily or
permanently.
26. Tree. "Tree" means any object of natural growth.
27. Zoning Administrator. "Zoning Administrator" means the public official in
each affected municipality and at the Metropolitan Airports Commission as set
forth in Section XI.B.
B. Rules Of Construction. In the construction of this Lake Elmo Airport Zoning
Ordinance, the following rules shall be observed and applied, except where the context
clearly indicates otherwise.
1. Computing Time. In computing the period of time within which an act may
or must be done, the first calendar day from which the designated period of
time begins to run shall not be included. The last day of the period shall be
included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the
period shall run until the end of the next day which is not a Saturday, Sunday,
or legal holiday.
2. Conflicts Between Ordinance Provisions. If a provision of this Lake Elmo
Airport Zoning Ordinance conflicts with any other provision of this Lake Elmo
Airport Zoning Ordinance, the more restrictive provision shall prevail.
3. Height. "Height" shall be expressed as elevation in feet above Mean Sea
Level, Nort:h American Vertical Datum, 1988 Adjustment, except in reference
to maximum construction height without an Airport Zoning Permit when it shall
be expressed as distance in feet above ground shown on the Maximum
Lake Elmo Airport Zoning Ordinance PageS
Construction Hei hts Without Permit Plates in the Lake Elmo Airport Zoning
Map.
4. Including^ Not Limited To. The word "including" means including but not
limited to.
5. Land To Include Water Surfaces And Bodies. The word "land" shall
include water bodies and surfaces for the purpose of establishing Airspace
Zones and Safety Zones.
6. May, Permissive. The word "may" is permissive.
7. Shall^ Mandatory. The word "shall" is mandatory and not discretionary.
8. Singular And Plural. The singular shall include the plural, and the plural the
singular.
9. Tense. The present tense shall include the future.
SECTION IV. AIRSPACE OBSTRUCTION ZONING
A. Airspace Surfaces And Zones. In order to carry out the purpose of this Lake Elmo
Airport Zoning Ordinance as set forth in Section I., the following Airspace Surfaces and
Airspace Zones are hereby established, subject to the airspace zoning limits in
Section VI.A.
1. Primary Surface. An imaginary surface longitudinally centered on each
Runway extending 200 feet beyond each end of Runways 14-32 and 04-22 and
having a width of 500 feet. The elevation of any point on the Primary Surface
is the same as the elevation of the nearest point on the Runway centerline.
2. Primary Zone. All that land which lies directly under a Primary Surface.
3. Horizontal Surface. An imaginary surface that is 1,083 feet above mean sea
level, the perimeter of which is constructed by swinging arcs of specified radii
from the center of each end of the Primary Surface of each Runway and
connecting the adjacent arcs by lines tangent to those arcs. The radius of each
arc is 5,000 feet for Runways 14-32 and 04-22.
4. Horizontal Zone. All that land which lies directly under the Horizontal
Surface.
5. Conical Surface. An imaginary surface extending upward and outward from
the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal
Lake Elmo Airport Zoning Ordinance Page 6
distance of 4,000 feet as measured radially outward from the periphery of the
Horizontal Surface.
6. Conical Zone. All that land which lies directly under the Conical Surface.
7. Approach Surface. An imaginary surface longitudinally centered on the
extended centerline at each end of Runways 14-32 and 04-22. The inner edge
of this surface is at the same width and elevation as, and coincides with, the
end of the Primary Surface. For Runways 14-32 and 04-22, this surface inclines
upward and outward at a Slope of 20 to 1 for a horizontal distance of 5,000
feet expanding uniformly to a width of 2,000 feet.
8. Approach Zone. All that land which lies directly under an Approach Surface.
9. Transitional Surface. An imaginary surface extending upward and outward
at right angles to the centerline and extended centerline of Runways 14-32
and 04-22 at a Slope of 7 to 1 from both sides of each Primary Surface and
from both sides of each Approach Surface of Runway 14-32 and 04-22 until it
intersects the Horizontal Surface or the Conical Surface.
10. Transitional Zone. All that land which lies directly under a Transitional
Surface.
B. Height Restrictions. Except as otherwise provided in this Lake Elmo Airport Zoning
Ordinance, and except as necessary and incidental to Airport operations, the following
height restrictions shall apply. Where a Lot is beneath more than one Airspace Surface,
the height of the more restrictive (lower) Airspace Surface shall control.
1. Structures. No new Structure shall be constructed or established; and no
existing Structure shall be altered, changed, rebuilt, repaired, or replaced in
any Airspace Zone so as to project above any Airspace Surface. Nor shall any
equipment used to accomplish any of the foregoing activities be allowed to
project above any Airspace Surface.
2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or
replanted in any Airspace Zone so as to project above any Airspace Surface.
Nor shall any equipment used to accomplish any of the foregoing activities be
allowed to project above any Airspace Surface.
a. Public Nuisance; Order. If the whole or any part of any Tree shall be
determined to be an Airport Hazard by the FAA, or any successor
entity, after proper investigation, the Metropolitan Airports
Lake Elmo Airport Zoning Ordinance Page?
Commission may issue an order in writing for the owner or owners,
agent or occupant of the property upon which such hazardous tree is
located, to forthwith cause such hazardous tree, or portion thereof if
the removal of a portion will remove the hazard, to be taken down
and removed.
Notice. Said order is to be mailed to the last known address of the
owner, agent or occupant and shall be accompanied by a notice
setting forth the authority to remove such hazardous Tree at such
owner's, agent's or occupant's expense in the event such owner,
agent or occupant fails to comply with or file a notice of appeal from
said order within 10 days of mailing. The notice shall include
instructions for filing a notice of appeal from said order.
Removal. If within 10 days after said order has been mailed, as above
provided for, the owner or owners, agent or occupant of the property
upon which such hazardous Tree is located neglects or refuses to
comply with said order, or has failed to file a notice of appeal from
said order with the Metropolitan Airports Commission, then the
Commission or its designee(s) may enter upon said premises and take
down or remove said tree or portion thereof declared to be
hazardous, and to do any and all things which in his opinion may be
necessary for the protection of life, limb or property.
Assessment of Expense. If, after the notice hereinbefore provided for
has been given, the owner, agent or occupant has failed to remove
such hazardous tree or portion thereof, and it becomes necessary for
the MetroDolitan Airoorts Commission to remove same, the
Commission or its designee shall mail a statement of the expense of
such removal to the owner, agent or occupant of the property from
which such tree or portion thereof has been removed, and if within
30 days therefrom the owner, agent or occupant has not remitted to
the Commission for the expense incurred by the Commission in said
removal, the Commission or its designee may forthwith recover the
amount of such expense from the owner or owners of said property
Lake Elmo Airport Zoning Ordinance PageS
in any civil court of competent jurisdiction, in the manner provided by
law.
C. FAA 7460 Obstruction Evaluation. All construction of new Structures or alteration
of existing Structures in an Airspace Zone shall comply with the requirements for filing
notice to the FAA under the FAA 7460 Obstruction Evaluation process.
SECTION V. LAND USE SAFETY ZONING
A. Safety Zones. In order to carry out the purpose of this Lake Elmo Airport Zoning
Ordinance, as set forth in Section I., the following Safety Zones are hereby established,
subject to the safety zoning limits in Section VI.B.
1. Safety Zone 1. Designated land, the extents of which are shown in Exhibit
B. Safety Zone 1 overlies the Runway Protection Zones.
2. Safety Zone 2. Alt land enclosed within the perimeter of the Horizontal Zone,
as shown in Exhibit C except that land within Safety Zone 1.
B. Land Use Restrictions.
1. General Restrictions. Subject at all times to the height restrictions set forth
in Section IV.B., no use shall be made of any land in any of the Safety Zones
that creates or causes interference with the operations of radio or electronic
facilities at the Airport or with radio or electronic communications between
Airport and aircraft, makes it difficult for pilots to distinguish between Airport
lights and other lights, results in glare in the eyes of pilots using the Airport,
impairs visibility in the vicinity of the Airport, is deemed a "hazard" to air
navigation by FAA or MNDOT as part of an FAA 7460 Obstruction Evaluation,
or otherwise endangers the landing, taking off, or maneuvering of aircraft.
2. Safety Zone 1 Restrictions. Subject at all times to the height restrictions
set forth in Section IV.B. and to the general restrictions contained in
Section V.B. 1., areas designated as Safety Zone 1 for each end of Runways 14-
32 and 04-22 shall contain no buildings, exposed high-voltage transmission
lines, or other similar land use structural hazards, and shall be restricted to
those uses which will not create, attract, or bring together an assembly of
persons thereon. Allowed uses may include, but are not limited to, such uses
as agriculture (seasonal crops), horticulture, animal husbandry, wildlife habitat,
light outdoor recreation (non-spectator, including trails), cemeteries, roadways
Lake Elmo Airport Zoning Ordinance Page 9
3.
and vehicle parking, railroads, and other approved aeronautical uses. Where
Safety Zone 1 overlies the Runway Protection Zone, land uses and Structures
within the Runway Protection Zone will be governed by Federal laws and
regulations or by FAA advisory circulars, orders, or guidance.
Safety Zone 2 Restrictions. No land use in Safety Zone 2 shall violate the
height restrictions set forth in Section IV.B. or the general restrictions
contained in Section V.B.l.
SECTION VI. AIRPORT ZONING LIMITS AND LAKE ELMO AIRPORT ZONING MAP
A. Airspace Zoning Limits. Exhibit D - Air ort Bounda and Airs ace Zonin Limits
and Exhibit E - Air art Bounda and Airs ace Contours, attached hereto and made a
part hereof, show these limits.
B. Safety Zoning Limits. Exhibit F - Air ort Bounda and Safe Zonin Limits
attached hereto and made a part hereof, shows these limits.
C. Lake Elmo Airport Zoning Map. The locations and boundaries of the Airspace
Surfaces, Airspace Zones, Safety Zones, and the Maximum Construction Heights
without an Airport Zoning Permit established by this Lake Elmo Airport Zoning
Ordinance are set forth on the Lake Elmo Airport Zoning Map consisting of 102 plates
- Airs ace Zones Plates A-A2 to A-F6; Maximum Construction Hei hts Without
Permit Plates MCH-A2 to MCH-F6; and Safe Zones Plates SZ-A2 to SZ-F6 prepared
by the Metropolitan Airports Commission, attached hereto and made a part hereof.
These plates, together with such amendments thereto as may from time to time be
made, and all notations, references, elevations, heights, data, surface and zone
boundaries, and other information thereon, shall be and the same are hereby adopted
as part of this Lake Elmo Zoning Ordinance.
SECTION VII. NONCONFORMING USES
A. Lake Elmo Airport Zoning Ordinance. The provisions of this Lake Elmo Airport
Zoning Ordinance shall not be construed to require the removal, lowering, other
change, or alteration of any Nonconforming Structure or Tree, or otherwise interfere
with the continuance of any Nonconforming Use. Nonconforming Structures and
Nonconforming Uses are permitted under this Lake Elmo Airport Zoning Ordinance,
subject to the provisions in Section VIII. (Airport Zoning Permits) and Section IX.
Lake Elmo Airport Zoning Ordinance Page 10
(Variances). Nothing herein contained shall require any change in the construction,
alteration, or intended use of any Structure, the construction or alteration of which
was begun prior to the Effective Date, and was diligently prosecuted and completed
within 2 years of the Effective Date.
SECTION VIII. AIRPORT ZONING PERMITS
A. Permit Required. The following activities shall not take place on a Lot in any
Airspace Zone or Safety Zone unless an Airport Zoning Permit shall have been granted
therefore by the Zoning Administrator for the jurisdiction in which the Lot is located.
1. Existing Structures. Except as specifically provided in Section VIII.B., no
existing Structure shall be altered, changed, rebuilt, repaired, or replaced.
2. New Structures. Except as specifically provided in Section VIII.B., no
Structure shall be newly constructed or otherwise established.
3. Noncon forming Structures. No Nonconforming Structure shall be replaced,
substantially altered or repaired, or rebuilt.
B. Exception To Permit Requirement.
1. Maximum Construction Height Without A Permit. No Airport Zoning
Permit shall be required for an existing Structure to be altered, changed,
rebuilt, repaired, or replaced on a Lot, or for a new Structure to be constructed
or otherwise established on a Lot, if the highest point on the Structure or on
any equipment used to accomplish any of the foregoing activities, whichever
is higher (measured in feet from curb level or from natural grade at a point 10
feet away from the front center of the Structure, whichever is lower) does not
exceed the "maximum construction height above ground without an Airport
Zoning Permit" shown for the Lot on the applicable Maximum Construction
Hei hts Without Permit Plate in the Lake Elmo Airport Zoning Map. The
permitting process will require an FAA 7460 Obstruction Evaluation for all
structures with proposed heights in excess of the maximum allowable
construction height without a permit.
2. No Violation Of Height Or Land Use Restriction Permitted. Nothing in
this Section VIII.B. shall be construed as permitting or intending to permit a
violation or a greater violation of any provision of this Lake Elmo Airport Zoning
Ordinance.
Lake Elmo Airport Zoning Ordinance Page 11
C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall
be made in the manner and on the form established by the Zoning Administrator of
the jurisdiction in which the Lot is located as designated in Section XI.B.
D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning
Administrator determines that granting the permit (1) would allow a conforming
Structure or use to violate any provision of this Lake Elmo Airport Zoning Ordinance
or (2) would permit a Nonconforming Structure or a Nonconforming Use to become a
greater violation of any provision of this Lake Elmo Airport Zoning Ordinance. Any
Airport Zoning Permit may be granted subject to any reasonable conditions that the
Zoning Administrator may deem necessary to effectuate the purpose of this Lake Elmo
Airport Zoning Ordinance. In making any determination, the Zoning Administrator
need not give public notice of, or hold a public hearing on, the Airport Zoning Permit
application or the determination.
E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning
Administrator determines that a Nonconforming Structure, Nonconforming Use, or
Tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no
Airport Zoning Permit shall be granted that would allow such Nonconforming Structure,
Nonconforming Use, or Tree to exceed the height restrictions of Section IV.B. or
otherwise violate any provision of this Lake Elmo Airport Zoning Ordinance. Whether
application is made for an Airport Zoning Permit or not, a Zoning Administrator may
order the owner of the abandoned, torn down, deteriorated, or decayed
Nonconforming Structure, Nonconforming Use, or Tree at the owner's expense, to
lower, remove, reconstruct, or equip the same in the manner necessary to conform to
the provisions of this Lake Elmo Airport Zoning Ordinance. In the event the owner
shall neglect or refuse to comply with such order for 10 days after receipt of written
notice of such order, the Zoning Administrator may, by appropriate legal action,
proceed to have the Nonconforming Structure, Nonconforming Use, or Tree lowered,
removed, reconstructed, or equipped and assess the cost and expense thereof against
the land on which the Nonconforming Structure, Nonconforming Use, or Tree is, or
was, located. Unless such an assessment is paid within 90 days from the service of
notice thereof on the owner of the land, the sum shall bear interest at the rate of 8%
per annum from the date the cost and expense is incurred until paid, and shall be
Lake Elmo Airport Zoning Ordinance Page 12
collected in the same manner as are general taxes, all as authorized by Minnesota
Statutes § 360.067.
SECTION IX. VARIANCES
A. Variance Application. Any Person desiring to use his or her property in violation of
any provision of this Lake Elmo Airport Zoning Ordinance, whether to construct or
establish a new Structure; to alter, change, rebuild, repair, or replace an existing
Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or
to otherwise use his or her property in violation of any provision of this Lake Elmo
Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from
such provision. A variance application shall be made by sending the application on
the form provided by the Board of Adjustment by certified United States Mail to (1) the
members of the Board of Adjustment and (2) the Board of Adjustment at the mailing
address specified in Section XII.C. The applicant shall also mail a copy of the
application by regular United States Mail to the Zoning Administrator of the jurisdiction
in which the Structure or property is located, as designated in Section XI.B. The Board
of Adjustment may charge a fee for processing the application.
B. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the
variance within 4 months after the last Board member receives the variance
application, the variance shall be deemed to be granted by the Board of Adjustment,
but not yet effective. When the variance is granted by reason of the failure of the
Board of Adjustment to act on the variance, the Person receiving the variance shall
send notice that the variance has been granted by certified United States Mail to
(1) the Board of Adjustment at the mailing address specified in Section XII.C. and
(2) the Commissioner. The applicant shall include a copy of the original application
for the variance with the notice to the Commissioner. The variance shall be effective
60 days after this notice is received by the Commissioner, subject to any action taken
by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a.
C. Variance Standard. A variance shall be granted where it is found that a literal
application or enforcement of the provisions of this Lake Elmo Airport Zoning
Ordinance would result in practical difficulty or unnecessary hardship and relief
granted would not be contrary to the public interest but do substantial justice and be
in accordance with the spirit of this Lake Elmo Airport Zoning Ordinance and Minnesota
Lake Elmo Airport Zoning Ordinance Page 13
Statutes Chapter 360. Any variance granted may be granted subject to any reasonable
conditions that the Board of Adjustment, or the Commissioner acting under
Section IX.B., may deem necessary to effectuate the purpose of this Lake Elmo Airport
Zoning Ordinance or Minnesota Statutes Chapter 360.
SECTION X. HAZARD MARKING AND LIGHTING
A. Nonconforming Structure. The Metropolitan Airports Commission may require the
owner of any Nonconforming Structure to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed necessary by the
Metropolitan Airports Commission to indicate the presence of the Structure to the
operators of aircraft in the vicinity of the Airport. Such markers and lights shall be
installed, operated, and maintained at the expense of the Metropolitan Airports
Commission.
B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning
Administrator or the Board of Adjustment may, if such action is deemed advisable to
effectuate the purpose of this Lake Elmo Airport Zoning Ordinance and be reasonable
in the circumstances, be granted subject to a condition that the owner of the Structure
in question permit the Metropolitan Airports Commission, at its expense, to install,
operate, and maintain thereon such markers and lights as may be necessary to indicate
to pilots the presence of an Airport Hazard.
SECTION XI. ZONING ADMINISTRATOR
A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce
the provisions of this Lake Elmo Airport Zoning Ordinance. Applications for Airport
Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning
Administrator may charge a fee for processing the application. Airport Zoning Permit
applications shall be considered and acted upon by the Zoning Administrator in
accordance with the provisions of this Lake Elmo Airport Zoning Ordinance and within
the timelines established by Minnesota Statutes § 15.99, as it may be amended. The
Zoning Administrator shall remind each applicant that it is the responsibility of the
applicant to record any conditions of an Airport Zoning Permit, if required by law.
B. Designated Zoning Administrators. For the purpose of this Lake Elmo Airport
Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the
Lake Elmo Airport Zoning Ordinance Page 14
Lake Elmo Zoning Administrator for lands located in the City of Lake Elmo; the Oak
Park Heights Zoning Administrator for lands located in the City of Oak Park Heights;
the Baytown Township Zoning Administrator for lands located in Baytown Township;
and the West Lakeland Township Zoning Administrator for lands located in West
Lakeland Township. In the event that 1 or more of the above described Zoning
Administrators does not administer or enforce this Lake Elmo Airport Zoning
Ordinance, the Lake Elmo Airport Joint Airport Zoning Board hereby appoints the
Metropolitan Airports Commission to administer or enforce this Lake Elmo Airport
Zoning Ordinance in the municipality or municipalities. If any official position
designated above as a Zoning Administrator ceases to exist or to perform or serve its
present function, the successor position as designated by the applicable entity shall
become the Zoning Administrator for that entity and shall perform or serve such
functions.
SECTION XII. BOARD OF ADJUSTMENT
A. Establishment Of Board And Selection Of Chair. There is hereby established a
Board of Adjustment that shall consist of 5 members appointed by the Metropolitan
Airports Commission, and each shall serve for a term of 3 years and until a successor
is duly appointed and qualified. Of the members first appointed, 1 shall be appointed
for a term of 1 year, 2 for a term of 2 years, and 2 for a term of 3 years. Upon their
appointment, the members shall select a chair to act at the pleasure of the Board of
Adjustment. Members shall be removable by the Metropolitan Airports Commission
for cause, upon written charges, after a public hearing.
B. Board Powers. The Board of Adjustment shall have the power to hear and decide
appeals from any order, requirement, decision, or determination made by any Zoning
Administrator or the Metropolitan Airports Commission in the enforcement of this Lake
Elmo Airport Zoning Ordinance and to hear and grant or deny variances.
C. Board Procedures.
1. Rules' Meetings, And Records. The Board of Adjustment shall adopt rules
for its governance and procedure in harmony with the provisions of this Lake
Elmo Airport Zoning Ordinance. Meetings of the Board of Adjustment shall be
held at the call of the chair and at such other times as the Board of Adjustment
may determine. The chair, or in his or her absence the acting chair, may
Lake Elmo Airport Zoning Ordinance Page 15
administer oaths and compel the attendance of witnesses. All hearings of the
Board of Adjustment shall be public. The Board of Adjustment shall keep
minutes of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall
immediately be filed in the offices of the Metropolitan Airports Commission and
the Zoning Administrator of the jurisdiction in which the affected Structure or
Lot is located, and shall be a public record.
2. Written Findings And Conclusions. The Board of Adjustment shall make
written findings of fact and conclusions of law giving the facts upon which it
acted and its legal conclusions from such facts in affirming, modifying, or
reversing an order, requirement, decision, or determination of a Zoning
Administrator or the Metropolitan Airports Commission and in granting or
denying a variance.
3. Majority Vote Required. The concurring vote of a majority of the members
of the Board of Adjustment shall be sufficient to affirm, modify, or reverse an
order, requirement, decision, or determination of a Zoning Administrator or the
Metropolitan Airports Commission, to decide to grant or deny a variance, or to
act on any other matter upon which the Board of Adjustment is required to
pass under this Lake Elmo Zoning Ordinance.
4. Mailing Address. The mailing address for the Board of Adjustment is:
Lake Elmo Airport Zoning Ordinance Board of Adjustment
c/o Executive Director
Metropolitan Airports Commission
6040 28th Avenue South
Minneapolis, MN 55450
SECTION XIII. APPEALS
A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order,
requirement, decision, or determination of a Zoning Administrator made in
administration of this Lake Elmo Airport Zoning Ordinance may appeal to the Board of
Adjustment. Such appeals may also be made by any governing body of a municipality
or county, or any joint airport zoning board, which is of the opinion that an order,
requirement, decision, or determination of a Zoning Administrator is an improper
Lake Elmo Airport Zoning Ordinance Page 16
application of this Lake Elmo Airport Zoning Ordinance as it concerns such governing
body or board.
B. Commencement Of Appeals. All appeals hereunder must be commenced within
30 days of a Zoning Administrator's decision by filing with the Zoning Administrator a
notice of appeal specifying the grounds thereof. The Zoning Administrator shall
forthwith transmit to the Board of Adjustment the notice of appeal and all papers
constituting the record upon which the order, requirement, decision, or determination
appealed from was taken.
C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the
order, requirement, decision, or determination appealed from, unless the Zoning
Administrator certifies to the Board of Adjustment, after the notice of appeal has been
filed with it, that by reason of the facts stated in the certificate a stay would, in the
Zoning Administrator's opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed except by order of the Board of Adjustment on notice
to the Zoning Administrator and on due cause shown.
D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing
an appeal, give public notice and due notice to the parties in interest, and decide the
same within a reasonable time. At the hearing, any party may appear in Person, by
agent, or by attorney.
E. Decision. The Board of Adjustment may, in conformity with the provisions of
Minnesota Statutes Chapter 360 and this Lake Elmo Airport Zoning Ordinance, affirm
or reverse, in whole or in part, or modify the order, requirement, decision, or
determination appealed from and may make such order, requirement, decision, or
determination, as may be appropriate under the circumstances and, to that end, shall
have all the powers of a Zoning Administrator.
SECTION XIV. JUDICIAL REVIEW
Any Person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment or any
action of the Commissioner taken under Minnesota Statutes 360.063, subd. 6 or 6a, or any governing
body of a municipality or county, or any joint airport zoning board, which is of the opinion that an
order, requirement, decision, or determination of the Board of Adjustment or action of the
Commissioner is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The
Lake Elmo Airport Zoning Ordinance Page 17
petitioner must exhaust the remedies provided in this Lake Elmo Airport Zoning Ordinance before
availing himself or herself of the right to seek judicial review as provided by this Section XIV
SECTION XV. PENALTIES AND OTHER REMEDIES
Every Person who violates any provision of this Lake Elmo Airport Zoning Ordinance, any zoning
approval granted hereunder, any condition of any zoning approval granted hereunder, or any order,
requirement, decision, or determination of a Zoning Administrator or the Board of Adjustment shall
be guilty of a misdemeanor and shall be punished by a fine, imprisonme.nt, or both of not more than
the fine and imprisonment established for misdemeanors by state law. Each day a violation continues
to exist shall constitute a separate offense for the purpose of the penalties and remedies specified in
this section. This Lake Elmo Zoning Ordinance may also be enforced through such proceedings for
injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be
amended, and other applicable law.
SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES
A. Compliance Required. In addition to the requirements of this Lake Elmo Airport
Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable
city, local, regional, state, or federal laws, regulations, and rules, including Minnesota
Statutes §§ 360.81-360.91 - Regulation Of Structure Heights, Minnesota
Rules 8800.1100 - Regulation Of Structure Heights, and 14 Code of Federal
Regulations Part 77 - Objects Affecting Navigable Airspace.
B. Conflicts With Other Regulations. Where a conflict exists between any provision
of this Lake Elmo Airport Zoning Ordinance and any city, local, regional, state, or
federal law, regulation, or rule applicable to the same area, whether the conflict be
with respect to the height of Structures or Trees, the use of land, or any other matter,
the more stringent law, regulation, or rule shall govern and prevail.
C. Current Versions And Citations. All references to city, local, regional, state, and
federal laws, regulations, and rules in this Lake Elmo Airport Zoning Ordinance are
intended to refer to the most current version and citation. If such references are no
longer valid due to repeal or renumbering, the new laws, regulations, or rules intended
to replace those cited, regardless of the citation, shall govern.
Lake Elmo Airport Zoning Ordinance Page 18
SECTION XVII. SEVERABILITY
A. Effect Of Taking. In any case in which the provisions of this Lake Etmo Airport
Zoning Ordinance, although generally reasonable, are held by a court to interfere with
the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be
so onerous in their application to such a Structure, Lot, or Tree, as to constitute a
taking or deprivation of that property in violation of the constitution of this state or
the constitution of the United States, such holding shall not affect the application of
this Lake Elmd Airport Zoning Ordinance as to other Structures, Lots, and Trees, and,
to this end, the provisions of this Lake Elmo Airport Zoning Ordinance are declared to
be severable.
B. Validity Of Remaining Provisions. Should any section or provision of this Lake
Elmo Airport Zoning Ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this Lake Elmo Airport Zoning
Ordinance as a whole or any part thereof other than the parts so declared to be
unconstitutional or invalid.
SECTION XVIII. EFFECTIVE DATE
This Lake Elmo Airport Zoning Ordinance shall take effect on the 1st day of May, 2021. Copies thereof
shall be filed with the Commissioner and the Registers of Deeds for Washington County, Minnesota.
Passed and adopted after public hearings by the Lake Elmo Airport Joint Airport Zoning Board this
10th day of February, 2021.
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Lake Elmo Airport Zoning Ordinance Page 19
I hereby certify that this is a complete, true, and correct copy of the Lake Elmo Airport Zoning Ordinance
as adopted by the Lake Elmo Airport Joint Airport Zoning Board on February 10, 2021.
.4, ^
Richard Weyrauch, Chair
Lake Elmo Airport Joint irport Zoning Board
Date:r^ /^ ^^
Kristin Berwald, Secretary
Lake Elmo Airport Joint Airport Zoning Board
Date:-?-/<$ - ^0^_
^hSubscribed and sworn to before me this iC/_ day of '?=z-L~Lta 2021 by Richard Weyrauch and
Kristin Berwald, Chair and Secretary respectively, of the Lake Elmo Airport Joint Airport Zoning Board.
^^t-
Notary Public
EVAN LANCE WILSON
, pubtic-Minnesota
'CommiWonE*P''e*JW31-202s
Lake Elmo Airport Zoning Ordinance Page 20
EXHIBFT A - AIRPORT BOUNDARY
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EXHIBIT B - JAZB SAFETY ZONE 1
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Lake Elmo Airport Zoning Ordinance Page 22
EXHIBFT C - 3AZB SAFETY ZONE 2
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EXHIBTT D - AIRPORT BOUNDARY AND AIRSPACE ZONING UMFTS
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Lake Elmo Airport Zoning Ordinance Page 24
EXHIBFT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS
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Lake Elmo Airport Zoning Ordinance Page 25
EXHIBFT F - AIRPORT BOUNDARY AND SAFETY ZONING LIMFTS
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Lake Elmo Airport Zoning Ordinance Page 26
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Lake Elmo Airport Zoning Ordinance
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Page 95
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Lake Elmo Airport Zoning Ordinance
Airport Hazard Area
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Page 99
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Airport Hazard Area
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Lake Elmo Airport Zoning Ordinance Page 104
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Page 106
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Airport Hazard Area
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Page 116
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Lake Elmo Airport Zoning Ordinance Page 123
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Airport Hazard Area
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Page 124
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Page 125
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Lake Elmo Airport Zoning Ordinance
Airport Hazard Area
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Page 126
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Future Improvements
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Lake Elmo Airport Zoning Ordinance
Airport Hazard Area
JAZB Zone 1
JAZB Zone 2
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Page 127
21D Safety Zones
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Future Improvements
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Lake Elmo Airport Zoning Ordinance
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Page 128
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Lake Etmo Airport Zoning Ordinance Page 130
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Lake Elmo Airport Zoning Ordinance
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Page 131