HomeMy WebLinkAboutPC Packet 12-12-22
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 December 12, 2022 at 7:00 p.m.
AGENDA 1. Pledge of Allegiance 2. Approve Agenda
3. Approve Minutes of November 28, 2022
4. Public Hearing – N/A
5. New/Unfinished Business a) 2023 Planning Department Work Plan b) Impervious Surface Text Amendments
6. Communications/Updates – a) City Council Updates i. 8265 Hidden Bay Trail – Variance for Septic Setback from Wetland – Approved ii. 8243 Demontreville Trail – Jesuit Retreat House CUP – Approved
iii. Inwood 7th Addition - Replat Outlot, Preliminary Plat Extension – Approved
iv. PUD Amenity Categories – Tabled for discussion at 12/13 work session b) Upcoming PC Meetings i. December 28, 2022 - Cancelled
ii. January 9, 2023
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 Meeting Minutes: 11-28-2022
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City of Lake Elmo Planning Commission
Meeting
City Council Chambers – 3800 Laverne
Avenue North
Minutes of Regular Meeting of
November 28, 2022
CALL TO ORDER: Commission Chair Steil called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m.
COMMISSIONERS PRESENT: Mueller, Steil, Rehkamp, Vrieze
COMMISSIONERS ABSENT: Risner
STAFF PRESENT: Planning Director Molly Just, City Planner Ben Hetzel
Pledge of Allegiance at 7:00 PM
Approve Agenda:
M/S/P: Vrieze / Mueller: made a motion to approve the agenda. Vote: 4-0, motion carried unanimously. (Risner
absent)
Approve Minutes:
M/S/P: Rehkamp / Vrieze made a motion to approve the 11-14-22 meeting minutes. Vote: 4-0, motion carried
unanimously. (Risner absent)
Public Hearing:
a) Upper 33rd Street N Conditional Use Permit Request. A conditional use permit request to construct a four unit
townhome building on PIDs 13.029.21.32.0052 and 13.029.21.32.0051.
City Planner Hetzel gave presentation and answered questions.
RECOMMENDED CONDITIONAL USE FINDINGS
Conditional use means a land use or development as defined by ordinance that would not be appropriate generally
but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the
following provisions are met. Staff recommends the following findings:
1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use will not endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the City.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site is already zoned in
conformance with the intent of the Old Village District of the Village Planning Area and the Village Mixed Use zoning district.
3. The use or development is compatible with the existing neighborhood. The proposed use is compatible with the existing single family residential in the neighborhood. The design of the proposed structure is consistent with the surrounding area in terms of building height, building materials, colors, and variations of pitched roofs.
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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4. The proposed use meets all specific development standards for such use listed in the Zoning Code. The use meets all the specific development standards for single family attached dwellings set forth in LEC 05.12.820(a)(3).
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific
standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management).
The proposed use is not within a Shoreland Management District or a Floodplain Management zone. 6. The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The design of the proposed structure is designed to be compatible with the height, colors, and building
materials of the surrounding area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is not hazardous and will not create a nuisance.
8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed use will be served adequately by essential public facilities and services.
9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
The proposed use will not create excessive additional requirements at a public cost.
10. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation
that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed residential use will not produce excessive noise, fumes, glare, or odors. The addition of four
dwelling units should not create excessive traffic along 33rd Street N especially with the restriction of on street
parking. Any future expansion of 33rd Street N to the west will further improve traffic circulation.
11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on
surrounding public thoroughfares. The proposed structure will not create traffic congestion or interfere with
traffic on surrounding public thoroughfares. Four additional residential units should not create congestion. The rear facing garages and singular access creates for a safer vehicle access onto Upper 33rd Street N by eliminating the need to back out into a public street. 12. The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance.
RECOMMENDED CONDITIONS OF APPROVAL:
1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior
to the commencement of any construction activity onsite.
2. All recommendations in the City Engineer’s memorandum dated 11/15/22 shall be met prior to any
construction activity.
3. All recommendations provided be the City’s Landscape Architect shall be met prior to any construction activity.
4. All conditions in the Fire Chief’s memorandum dated 11/8/22 must be met prior to any construction activity.
5. The applicant shall provide the City with recorded documents from Washington County which effectuate the
required lot consolidation prior to any construction activity.
6. The applicant must receive an approved address from Washington County prior to any construction activity.
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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7. The applicant shall provide one additional off-street parking space for visitor parking as per Lake Elmo City
Code.
8. An encroachment agreement is required for fencing located in the required drainage and utility easements
prior to any construction activity. A fence permit is also required regardless of the location of the fencing.
9. If the applicant has not taken action toward starting the townhouse structure or if substantial construction has
not taken place within 12 months of the City’s approval of the conditional use permit, the CUP approval shall
become void. The applicant may request City Council approval of a time extension to start or implement the
conditional use permit.
PUBLIC COMMENT:
A public hearing notice was sent to surrounding property owners on November 16, 2022 and published in the
Stillwater Gazette on November 18, 2022. Staff has received three public comments, City Planner Hetzel read
responses from:
Urban Coffee – 349 Lake Elmo Ave N – emailed their full support of this CUP.
Jill Martin – 11002 Upper 33rd St N – provided comment to staff in opposition of the CUP.
Response from Susan Dunn - 11018 Upper 33rd Street N – was not read aloud, as she was in the audience
Applicant Henry Elgersma, with Upper 33rd LLC, spoke in regards to this project and answered questions.
Public hearing opened at 7:20 PM.
JoAnne Lawen – 11051 34th St N – is in opposition of the CUP due to community design and the existing density of
the community.
Elizabeth Everson – 11075 34th St N – posed the question regarding why the garages were in the back and who was
going to be managing the property, is there a maximum capacity per unit and would pets be allowed
Ann Bucheck – 2301 Legion Ave N – is in opposition of the CUP due to this building not conforming to the
Comprehensive Plan in many aspects.
Susan Dunn – 11018 Upper 33rd St N – is in opposition of the CUP due to parking, safety, water, impervious surface
area, snow removal, building size
Public hearing closed at 7:33 PM M/S/P: Vrieze / Mueller moved to recommend approval of a conditional use permit to allow the construction of a
four unit townhome building at the properties described as Lots 10 and 11, Block 2, Subdivision of Lake Elmo Park
Vote: 4-0, motion carried unanimously. Vrieze stated that he is in support of this project as long as the applicant
abides by the conditions of approval provided by city staff, but does state that the parking spaces do need to be
addressed before final approval has been given. Mueller does have concerns regarding the parking and driveway
location but does think this is an appropriate building for this location and is in support of this project. Rehkamp is
concerned that this property will be sold to someone that will not manage and maintain it properly, the applicant did
a nice job of presenting a good plan that will help screen neighbors from the railroad noise. Steil is also in favor of
this project, as it does meet the city code, and the parking is in the back.
Public Hearing:
b) Final PUD Plan and Final Plat – Royal Golf Club at Lake Elmo 5th Addition. U.S. Home, LLC (Lennar) for approval
of a Final PUD Plan and Final Plat for 43 lots for single-family homes. There would be 46 lots remaining to be final
platted.
Director Just gave presentation and answered questions.
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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RECOMMENDED FINDINGS:
1. That all the requirements of City Code Sections 153.07 and 154.759 related to Final Plat and Final PUD Plans have been met by the Applicant.
2. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are generally consistent with
Preliminary Plat and PUD Plans approved by the City of Lake Elmo on June 6, 2017.
3. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
4. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with the
City’s GCC - Golf Course Community zoning districts as modified by the PUD regulations.
5. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat PUD Plans comply with the City’s subdivision ordinance.
6. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans comply with the City’s Planned Unit Development Regulations.
7. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans comply with the City’s Engineering Standards, except where noted in the review memorandum from the City Engineer dated November 19, 2018 and modified by PUD regulations.
8. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with other City zoning ordinances, shoreland, and erosion and sediment control, except as noted in this staff report and
review memorandum from the City Engineer dated November 19, 2018.
9. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans generally comply with the City’s landscaping and tree preservation ordinances, providing some flexibility to the Applicant to allow for woodland management and pollinator friendly native seeding in lieu of some required tree replacement in
order to avoid possible detriment caused by over planting.
10. That the Royal Golf Club at Lake Elmo 3rd Addition Final Plat and PUD Plans achieve multiple identified objectives for planned developments within Lake Elmo.
11. That the proposed Final Plat and PUD Plans are for the 3rd Addition of 67 single family residential units of a 291-unit total residential golf course community Planned Unit Development on 103.7 acres of land (of 231
acres total) located on the former 3M Tartan Park properties.
12. That the Final Plat and PUD Plans will be located on property legally described on the attached Exhibit “A”.
13. That there has been significant public testimony that 20th Street is already dangerous without the additional
traffic and that the City and developer need to explore ways to make the road safer.
14. That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land, and
will specifically relate to existing zoning district standards in the following manner (with exceptions as noted):
a. Setbacks:
i. Royal Golf Club at Lake Elmo Setbacks
15. 16. 100 Ft. Wide
Lots
17. 80-90 Ft. Wide
Lots
18. 55-65 Ft. Wide
Lots
19. Front 20. 30 ft.
21. 30 ft. 22. 20 ft. for side
loaded garages, or
25’
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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23. Side 24. 10 ft.
25. 10 ft. 26. 10ft. house/5ft.
garage or 7.5
ft./7.5 ft.
27. Corner
Side
28. 15 ft. 29. 15 ft. 30. 15 ft.
31. Rear 32. 30 ft. 33. 30 ft. 34. 20 ft.
a. Maximum Impervious Coverage: The maximum impervious coverage for 55-65’ wide lots shall be
50%. All other lots shall have a maximum impervious coverage of 40%.
b. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the development shall be 6,600 sq. ft.
c. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in area at the ground floor level except by conditional use permit. The width of the visible garage door area when closed shall
not exceed 60% of the principal building façade (including garage) fronting on the primary street.
d. Subdivision Identification Signs: The Royal Golf Club at Lake Elmo residential subdivision shall be allowed up to a maximum of 4 subdivision identification signs, including the identification sign for the golf course entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10 feet to
any public right-of-way. In addition, neighborhood identification markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify the development logo and the name of the neighborhood. Additional subdivision signs should be considered for a subdivision of this size.
i. Staff Note: If the developer requests a change to this, a variance should be requested.
e. All other requirements for the City’s GCC – Golf Course Community zoning district will apply,
including the allowed uses and other site and development standards.
f. That the proposed street names within the development are generally consistent with the City’s Street Naming Policy as amended April 17, 2018.
g. The developer has not yet constructed an HOA-owned and maintained play structure as required by the original condition of approval of the 2nd Addition Final Plat.
Recommended Conditions of Approval. Staff recommends the following conditions of approval:
1. That there shall be no encroachments to drainage and utility easements on residential lots other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement.
2. Prior to the execution of Final Plat, the Developer shall enter into a Developer’s Agreement acceptable
to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore.
3. The Royal Golf Club at Lake Elmo 3rd Addition shall be incorporated into the Common Interest Agreement concerning management of the common areas and establish a homeowner’s association (HOA) which shall be submitted in final form to the Planning Director before any building permit may
be issued for any structure in any phase of the development. Said agreement shall comply with Minnesota Statues 515B-103 and specifically the provisions concerning the transfer of control to the future property owners. The HOA documents shall include required maintenance of wetland buffers.
4. That the HOA documents include architectural requirements that require four-sided architecture and
garages facing the public rights-of-way to have windows and/or other architectural features.
5. The applicant shall enter into a landscape license and maintenance agreement with the City that clarifies the individuals or entities responsible for landscaping.
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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6. The developer shall provide evidence of an HOA owned and maintained children’s play structure or other similar improvement has been constructed within Outlot D of the 2nd Addition before the release of building permits for the 3rd Addition.
7. That a fee in lieu of park land dedication be paid to the City based upon an appraisal by an appraiser to
be chosen by the City and paid for by the developer.
8. That the developer pay a parkland dedication fee equal to $500 per 2.5 caliper inch required in lieu of some required tree preservation replacement tree requirements, totaling $111,552.00 in lieu of planting the required number of trees required. This fee was calculated as follows: $500.00 multiplied by 969
2.5-caliper inch tree not planted within the entire subdivision, divided by 291 single family lots within the entire subdivision, multiplied by 67 single family lots within the 3rd Addition.
9. All changes and modifications to the plans requested by the City Engineer in the Engineer’s review memo dated November 19, 2018 shall be incorporated into the Final Plat and PUD Plans. The Applicant should note the requirements for VBWD permits for temporary storm water management.
10. The Final Plat and PUD Plans approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution.
11. Prior to the City issuing building permits, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City.
12. Prior to the construction of any subdivision identification signs or neighborhood markers within the development, the developer shall submit sign plans for review and obtain a sign permit from the Planning Department. Any amendments to the finding regarding signs indicated in this Resolution shall be subject to a PUD amendment or variance.
13. That the Final Plat include street names as approved by Council.
14. The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act and shall acquire the needed permits from the appropriate watershed districts prior to the commencement of any grading or development activity on the site.
15. That the Royal Golf Club development will not have street lights except at street intersections and cul-
de-sacs.
16. That the developer make a $1,000,000 donation to the City Parks fund when construction of the 3rd Addition prohibits use of the former Tartan Park ballfields, including construction materials storage and before the city releases the 3rd Addition final plat for recording.
17. The location and spacing of the trees that overlap the buildings and on edge of driveway when shown at
mature diameter is adjusted and resubmitted on a revised landscape plan, per the Landscape Review memo, dated November 8, 2018.
18. The developer shall pave the unfinished trail in the 2nd Addition as soon as favorable conditions are available in the spring of 2019. The City may choose to not release building permits for the 3rd
Addition in the spring of 2019 if the developer has not completed the required trail paving in a timely manner.
Applicant Paul Tabone spoke regarding this project and was available for questions. Public hearing opened at 7:50 PM. No public comments Public hearing closed at 7:51 PM
Lake Elmo Planning Commission Meeting Minutes: 11-28-2022
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M/S/P: Mueller / Rehkamp moved to recommend approval of the Royal Golf Club at Lake Elmo 5th Addition Final Plat and PUD Plans based on the findings off act and conditions outlined in the Staff Report. Vote: 4-0, motion carried unanimously. Mueller had no comments, Rehkamp had concerns about the loss of tree coverage but believes the staff have addressed that issue, Vrieze agrees, Steil concurs with all previous comments
Regular Business None
Communications/Updates - City Council Updates None Upcoming Meetings
a. December 12th, 2022 b. December 28th, 2022
Meeting adjourned at 7:55 PM.
Respectfully submitted,
Diane Wendt Permit Technician
PLANNING COMMISSION DATE: 12/12/2022
ITEM: 2023 Planning Department Work Plan
SUBMITTED BY: Molly Just, Planning Director
SUMMARY AND ACTION REQUESTED: Staff is respectfully requesting that the Planning Commission review the proposed Planning Department Work Plan for 2023.
REQUEST DETAILS:
Planning Department Staff has updated the 2022 Planning Work Plan for 2023. Listed below are the activities that have been completed from the 2022 Work Plan:
• Amend the Medium Density Residential District (MDR) to match the comp plan density and adjust the lot sizes to enable the range allowed in the comp plan
• Refine and continue to process the package of “clean up” code amendments from 2021
• Planning Commission review of City Capital Improvement Plan for consistency with
Comprehensive Plan
• Update Permits and Land Use Applications to be more concise, include a checklist, and be electronic (fillable)
• Rebuild the Planning Department in light of departures. Allocate work according to strengths, expectations, and interests. Hire a Code Enforcement Officer.
Some projects are currently in progress or ongoing: With the addition of a new position, Code Enforcement Official, and hiring a new City Planner we benefit from fresh perspectives and differing and complimentary skill sets which we are utilizing to streamline and improve our processes. This is an ongoing process intended to benefit our customers.
It is the intent of staff to address the work plan projects in the order that they have been ranked. However, some projects, although ranked lower in terms of priority take less time to accomplish. Because of this, other projects with a lower priority will be given attention before or in tandem with others of a higher rank.
REQUESTED ACTION: Staff is respectfully requesting that the Planning Commission review the proposed Planning Department
Work Plan for 2023.
ATTACHMENT:
• 2023 Planning Department Work Plan
1
2023 Planning Commission Work Plan
Prepared by the Lake Elmo Planning Commission: 12/12/22 Accepted by the City Council: _______
Key Status C – Complete (delete once accepted by City Council) IP – In Progress PL Priority Level (1-5 with 1 being the highest priority. Level 4 or 5 may be an indicator of lack of personnel/time)
Project and Description PL Status
Zoning Map Amendments
Code Amendments
• Update PUD ordinance to better match City’s current objectives in granting a PUD.
1 IP
• Amend the Medium Density Residential District (MDR) to match the comp plan density and adjust the lot sizes to
enable the range allowed in the comp plan
1 C
• Refine and continue to process the package of “clean up”
code amendments from 2021
2 C
• Update the landscape ordinance to provide clarity for
developers as to expectations and long-term responsibility.
2 IP
Comprehensive Planning
• Planning Commission review of City Capital Improvement Plan for consistency with Comprehensive Plan. Annual requirement.
3 C
Other Planning Initiatives
• Provide training to Planning Commission 2
• Hold a joint Planning Commission City Council work session 2
• Streamline & Improve Policies/Procedures for the handling of
routine land matters including but not limited to variances, site plan review, setbacks et al;
1 Ongoing
• Update Permits and Land Use Applications to be more concise, include a checklist, and be electronic (fillable)
2 C
• Rebuild the Planning Department in light of departures. Allocate work according to strengths, expectations, and interests. Hire a Code Enforcement Officer (22/23)
1 C
• When possible, add Planning Module from Permit Works (or equivalent) to track planning and zoning applications.
4
2
• Create educational materials that may include a brochure, website, or other publication to communicate the intended and planned development patterns in the urbanizing area
5
Ongoing
• Zoning Map Amendments - as amendments are requested 1
• Zoning Code Amendments – as amendments are requested 1
• Comprehensive Plan Amendments – as amendments are
requested
1
STAFF REPORT
DATE: 12/12/2022
TO: Planning Commission
FROM: Molly Just, Planning Director
AGENDA ITEM: Impervious Surface Text Amendments
BACKGROUND: At their July 12, 2022 workshop, the City Council discussed the City’s definition of impervious surface. In preparation for the workshop, staff researched and compared the City’s definition of impervious surface and impervious surface allocations with other communities. The findings of the research prompted the City Council to direct staff to draft the proposed amendment to the City’s definition for impervious surface and increase the maximum allowed impervious surface in unsewered shoreland areas.
At the August 22, 2022 Planning Commission meeting a public hearing was held on the updates. Since that time, staff worked with the Minnesota Department of Natural Resources (MN DNR) to come up with an acceptable compromise for allowing increased impervious surface in unsewered shoreland areas. Staff and the MN DNR could not reach a solution that would be reasonable for the City to implement. Therefore, staff is only recommending approval of the proposed amendment to the definition of impervious surface.
ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission is asked to make a recommendation to the City Council on the proposed text amendment to the definition of impervious surface.
PROPOSAL DETAILS/ANALYSIS: IMPERVIOUS DEFINITION Section 1.08.010 defines impervious surface as any structure or surface which interferes to any degree with the direct absorption of water into the ground, including, but not limited to, building footprints, sidewalks,
paved or gravel driveways and parking areas, patios, sports courts, or any other similar surface. Decks, pervious landscape fabric, and retaining walls shall not be included as impervious surface.
The current definition aligns with the MN DNR shoreland model ordinance definition and a majority of other local governments.
Staff found that many other communities do not list specific examples of impervious surfaces. The City Council feels examples in the current definition are unnecessary and may be confusing.
PROPOSED DEFINITION CHANGES: Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface.
1
2
AGENCY REVIEW Staff distributed the proposed comments for agency review and received comments from the following:
• City Engineer (email provided in packet).
• Browns Creek Watershed District (email provided in packet).
• Valley Branch Watershed District (email provided in packet).
• Minnesota Department of Natural Resources (email provided in packet) PUBLIC COMMENT
A hearing notice was published in the Stillwater Gazette on August 12, 2022. Staff received the following public input on the text amendments which at the time included an increase to allowed impervious surface in unsewered shoreland areas:
• There was one email in opposition to this change from resident Ann Bucheck. Her reasoning was
that this may have a negative impact on the environment.
• During the public hearing Susan Dunn (11018 Upper 33rd St N Lake Elmo) thanked the Commissioners for their service to the community, and reiterated that the Planning Commission’s job is the health, safety and welfare of the residents in the community. FISCAL IMPACT None OPTIONS
• Recommend approval of the proposed amendments.
• Recommend changes to the proposed amendments.
• Recommend denial of the proposed amendments. RECCOMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendments as
presented. “Motion to recommend adoption of the proposed text amendment, amending the impervious surface
definition in Section 1.08.010 Definitions as presented.” ATTACHMENTS
1. Minutes from August 22, 2022 meeting 2. Section 1.08.010 Definitions (Draft) 3. City Engineer comments 4. Browns Creek Watershed District comments 5. Valley Branch Watershed District comments 6. MN DNR Initial Comments
Lake Elmo Planning Commission Minutes: 8-22-2022
City of Lake Elmo Planning Commission
Meeting
City Council Chambers – 3800 Laverne
Avenue North
Minutes of Regular Meeting of August
22, 2022
CALL TO ORDER: Commission Chair Steil called to order the meeting of the Lake Elmo Planning
Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Steil, Mueller, Vrieze
COMMISSIONERS ABSENT: Risner, Rehkamp
STAFF PRESENT: Planning Director Just, City Planner Hetzel
Pledge of Allegiance at 7:00 PM
Approve Agenda:
M/S/P: Mueller / Vrieze made a motion to approve the agenda. Vote: 3-0, motion carried unanimously.
(Risner, Rehkamp absent)
Approve Minutes:
M/S/P: Steil / Mueller made a motion to approve the 7-25-22 and 8-8-22 meeting minutes. Vote: 3-0,
motion carried unanimously. (Risner, Rehkamp absent)
Public Hearings:
a) Impervious Surface Text Amendments. A City initiated text amendment to change the impervious surfaces definition and increase the maximum impervious lot coverage in the Shoreland
Management Overlay Districts.
City Planner Hetzel gave presentation and answered questions:
PROPOSAL DETAILS/ANALYSIS: IMPERVIOUS DEFINITION Section 1.08.010 defines impervious surface as any structure or surface which interferes to any degree with the direct
absorption of water into the ground, including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sports courts, or any other similar surface. Decks, pervious landscape fabric, and retaining walls shall not be included as impervious surface. The current definition aligns with the MN DNR shoreland model ordinance definition and a majority of other local governments. Staff found that many other communities do not list specific examples of impervious surfaces. The City Council feels examples in the current definition are not necessary and may be confusing.
Lake Elmo Planning Commission Minutes: 8-22-2022
PROPOSED DEFINITION CHANGES:
Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface.
PROPOSAL DETAILS/ANALYSIS: MAXIMUM IMPERVIOUS LOT COVERAGE Section 105.12.1260(c)(3) Table 17-3: Shoreland Standards currently restricts unsewered lots to a maximum of 15 percent, while sewered lots are allowed a maximum of 30 percent. This results in a high number of variance
requests being submitted to exceed to the maximum 15 percent. The intent of this amendment is to reduce the number of variance requests, while not exceeding the maximum 25 percent allowable per MN Statute 6120.3300 and the DNR Model Ordinance. It is appropriate when a community receives many variance requests from the same
standard for that community to review whether the standard should be changed. There was one email in opposition to this change from resident Ann Bucheck. Her reasoning was that this may have a negative impact on the environment Public hearing opened at 7:15 PM.
Susan Dunn (11018 Upper 33rd St N Lake Elmo) thanked the Commissioners for their service to the community, and reiterated that the Planning Commission’s job is the health, safety and welfare of the residents in the community.
Public hearing closed at 7:16 PM M/S/P: Vrieze /Mueller moved to recommend to table the adoption of the proposed text amendment while
staff works with the Minnesota DNR to review the proposed changes. Vote: 3-0, motion carried
unanimously. (Risner, Rehkamp absent) Vrieze and Mueller both stated that this text amendment needed
more work and appreciate that the city staff will be working with the Minnesota DNR.
b) 40-Foot Residential Setback from a Public Street Text Amendment. A City initiated text amendment to incorporate a 40-foot setback for any new residential development abutting a public street in the area south of 10th Street.
Director Just gave presentation and answered questions:
Public hearing opened at 7:25 PM. No public comments. Public hearing closed at 7:25 PM.
M/S/P: Mueller / Steil moved to recommend adoption of the proposed amendment as presented, amending Section 105.12.930 Commercial Lot Dimensions and Building Bulk Requirements to incorporate a 40-foot setback
for all new residential development abutting a public street. Vote: 2-1, (Steil , Mueller: Aye, Vrieze: Nay) motion carried. (Risner, Rehkamp absent) Mueller stated that the 40 foot setback is reasonable for safety reasons. Steil is also in agreement. Vrieze does not agree with this and believes a homeowner shouldn’t be limited in what they can do with their property.
Lake Elmo Planning Commission Minutes: 8-22-2022
M/S/P: Mueller /Steil moved to recommend adoption of the proposed amendment as presented, amending Section
105.12.720 Lot Dimensions and Building Bulk Requirements to incorporate a 40-foot setback for all new residential
development abutting a public street. Vote: 2-1, (Steil , Mueller: Aye, Vrieze: Nay) motion carried. (Risner, Rehkamp absent) Mueller stated that the 40 foot setback is reasonable for safety reasons. Steil is also in
agreement. Vrieze does not agree with this and believes a homeowner shouldn’t be limited in what they
can do with their property. M/S/P: Steil /Mueller moved to recommend adoption of the proposed amendment as presented, amending Section 105.12.880 Mixed-Use Commercial and Mixed-Use Business Park Districts Lot Dimensions and Building Bulk
Requirements to incorporate a 40-foot setback for all new residential development abutting a public street. Vote: 2-1, (Steil , Mueller: Aye, Vrieze: Nay) motion carried. (Risner, Rehkamp absent) Mueller stated that the 40 foot setback is reasonable for safety reasons. Steil is also in agreement. Vrieze does not agree with this and believes a homeowner shouldn’t be limited in what they can do with their property.
Communications/Updates - City Council Updates Upcoming Meetings
a. September 12th, 2022
b. September 26th, 2022
Meeting adjourned at 7:30 PM.
Respectfully submitted,
Diane Wendt
Permit Technician
8/8/22, 3:51 PM Print Preview
https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=CHAPTER_1.08_DEFINITIONS 15/38
Illuminance means the level of light measured at a surface.
Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface.
Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or other
sewage treatment device. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.
Individual sewage treatment system means an on-site sewage treatment system connecting to a single
dwelling or other establishment, consisting of soil treatment unit, septic tank, and any associated pumping and piping systems. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.
Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Industrial users or industries (sewer systems) means:
(a) Entities that discharge into a publicly-owned wastewater treatment works, liquid waste resulting from the process employed in industrial or manufacturing processes, or from the development of any natural resources; these are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
(1) Division A. Agriculture, Forestry, and Fishing;
(2) Division B. Mining;
(3) Division D. Manufacturing;
(4) Division E. Transportation, Communications, Electric, Gas, and Sanitary Sewers; or
(5) Division I. Services.
(b) Any non-governmental user of a publicly-owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
Industrial waste means the solid, liquid, or gaseous waste resulting from industrial or manufacturing processes, trade, or business, or from the development, recovery, or processing of natural resources.
Industrial wastewater (sewer systems) means the liquid, solid, or gaseous processing wastes from an industrial manufacturing process, trade, or business, including, but not limited to, all Standard Industrial Classification Manual divisions A, B, D, E, or I, as distinct from domestic wastewater.
Industry, municipal sewer system, means any non-governmental or nonresidential user of a publicly- owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, categorized in divisions A, B, D, E, and I.
Institutional housing means housing for students, mentally ill, infirm, elderly, nurses, physically retarded, and similar housing of a specialized nature.
From:Jack Griffin
To:Ben Hetzel
Cc:Molly Just; Marty Powers
Subject:Re: Impervious Surface Zoning Text Amendments
Date:Wednesday, August 3, 2022 11:37:24 AM
Attachments:image001.pngimage002.png
Caution: This email originated outside our organization; please use caution.
Ben,The only comment I have is on the definition change. The issue of gravel surfaces is often debated asbeing impervious or not pervious. Your definition revisions remove this clarification and is likely anissue that will continue to come up over time.
Thanks ~Jack John (Jack) W. Griffin, P.E.Principal / Sr. Municipal Engineer FOCUS ENGINEERING, INC.
651.300.4264jack.griffin@focusengineeringinc.com
On Mon, Jul 18, 2022 at 3:49 PM Ben Hetzel <BHetzel@lakeelmo.org> wrote:
All,
The City of Lake Elmo has self-initiated zoning text amendments in regards to impervious surfaces. Ihave attached copies of the code to be amended with a brief description of each below:
1. Amend Section 1.08 Definitions to change Impervious Surface definition as shown below:
Impervious surface means any structure or surface which interferes to any degree with thedirect absorption of water into the ground, including, but not limited to, building footprints,sidewalks, paved or gravel driveways and parking areas, patios, sport courts, or any othersimilar surface. Decks, pervious landscaping fabric, the water surface of pools, andretaining walls shall not be included as impervious surface.
2. Amend Section 105.12.1260 Shoreland Management Overlay District Table 17-3 to changemaximum impervious surface lot coverage from 15% to 25% for unsewered lots classified asRecreational Development Shoreland :
From:Karen Kill
To:John P. Hanson; Ben Hetzel; Marty Powers; Jack Griffin; "Scollan, Daniel (DNR)"; mmoore@ciwoodbury.mn.us
Cc:Molly Just; Gary Bruns
Subject:RE: Impervious Surface Zoning Text Amendments
Date:Tuesday, July 19, 2022 11:12:08 AM
Attachments:image001.pngimage002.pngimage003.png
Caution: This email originated outside our organization; please use caution.
Ben,
As with VBWD, Brown’s Creek Watershed District considers the water surface of a pool as an impervious
surface. Our stormwater management rules would apply to a land disturbing activity where there is >10,000
square feet of impervious net. A pool would be included in this total. I frequently have people
misunderstand that gravel driveways are impervious. Is there a reason why you are taking this out or do you
define it elsewhere?
BCWD has recently been discussing decks. Currently we include them in the impervious total because they
are generally not built to allow water to flow through them, they are concentrating the flow, often the soil
below is compacted, and we are generally not notified when a resident adds a patio below a second story
deck or adds a screen porch. Nearby city of Stillwater includes decks in the impervious surface total.
As John also inquired, I would be interested to understand why an increase to 25% impervious is being
proposed. I am not clear on whether the Sanctuary development is considered sewered or unsewered since
there is a community sewage for the development. Could you clarify? This small portion of Lake Elmo is the
only portion in BCWD.
Best Regards,
Karen
Karen Kill, Administrator
Brown’s Creek Watershed District
455 Hayward Ave N
Oakdale, MN 55128
651-331-8316 (cell)
From: John P. Hanson [mailto:JHanson@barr.com]
Sent: Monday, July 18, 2022 4:48 PM
To: 'Ben Hetzel' <BHetzel@lakeelmo.org>; Marty Powers <MPowers@lakeelmo.org>; Jack Griffin
<Jack.Griffin@focusengineeringinc.com>; 'Scollan, Daniel (DNR)' <daniel.scollan@state.mn.us>; Karen Kill
<KKill@mnwcd.org>; mmoore@ciwoodbury.mn.us
Cc: Molly Just <MJust@lakeelmo.org>; Gary Bruns <Gary.Bruns@co.washington.mn.us>
Subject: RE: Impervious Surface Zoning Text Amendments
Hi Ben,
Thanks for providing the opportunity to comment on these proposed changes.
The Valley Branch Watershed District considers the water surface of a pool an impervious surface, butVBWD doesn’t consider a pool a structure. These VBWD definitions require stormwater management andvegetative buffers be considered with pools but minimum elevations are not considered.
While unclear, it appears Lake Elmo considers a swimming pool a structure. (City definition of structure isanything constructed or erected on the ground or attached to the ground or on-site utilities, including, butnot limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreationvehicles not meeting the exemption criteria specified in LEC 100.00.090(c)(1), and other similar items.) If aswimming pool is considered a structure by the City, it appears the City would require the lowest elevationof pool to be at least 2 feet higher than the adjacent public water’s 100-year flood level based on Table 17-3of the City’s Shoreline Management Overlay District code. Is this the City’s intent? If not, the City mightwant to specifically exempt swimming pools from the minimum floor elevation requirement.
Has the City evaluated the implications to water resources with the proposed change in maximum amountof impervious surface coverage? Why is 25% being proposed? The proposal would allow more impervioussurfaces to unsewered areas around Lakes DeMontreville, Olson, Jane, and Elmo. These lakes are the jewelsof the many lakes and ponds in the City. Increases in impervious surfaces without thoughtful mitigationcould negatively affect these lakes.
As the City reviews its requirements, I suggest that the City consider requiring the bottoms of septic tanks,drain fields, etc. be at least 2 feet higher than the adjacent water’s 100-year flood level. Perhaps City codealready requires this based on the City’s definition of structure.
Thanks,
John
John P. Hanson, PE
Valley Branch Watershed District Engineer
Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org
From: Ben Hetzel <BHetzel@lakeelmo.org>
Sent: Monday, July 18, 2022 3:49 PM
To: Marty Powers <MPowers@lakeelmo.org>; Jack Griffin <Jack.Griffin@focusengineeringinc.com>; 'Scollan,
Daniel (DNR)' <daniel.scollan@state.mn.us>; John P. Hanson <JHanson@barr.com>; karen.kill@mnwcd.org;
mmoore@ciwoodbury.mn.us
Cc: Molly Just <MJust@lakeelmo.org>
Subject: Impervious Surface Zoning Text Amendments
CAUTION: This email originated from outside of your organization.
All,
The City of Lake Elmo has self-initiated zoning text amendments in regards to impervious surfaces. I have
This message may be from an external email source.
Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center.
From:Scollan, Daniel (DNR)To:Ben HetzelCc:MN_Ordinance Review (DNR); Petrik, Daniel (DNR)Subject:RE: Zoning Text Amendments to Shoreland CodeDate:Tuesday, July 19, 2022 3:22:11 PM
Attachments:image007.pngimage008.pngimage009.pngimage012.pngimage013.pngimage004.wmzimage003.pngimage005.png2017-06-09-LakeElmoSLOrdFinalApproval.pdf
Caution: This email originated outside our organization; please use caution.
Hello Ben,
I’ll will prepare a formal preliminary comment letter in response to the proposed amendments to the City’s shoreland code. More information on the process is available at DNR’s Adopting and Amending
Shoreland Ordinances webpage.
I will need more time to complete this review. In the meantime, I’d like to bring your attention to a few items:
Please see the attached June 9, 2017 letter from DNR to the City of Lake Elmo approving the city’s shoreland ordinance with an implementation flexibility agreement. As noted in the letter, DNR and
the City of Lake Elmo agreed to allow a 35-foot maximum building height (state standard = 25 feet) and 30% maximum impervious surface coverage of lots in sewered areas (state standard = 25%),
in return for higher standards including 15% impervious surface coverage on unsewered lots (standard = 25%) and a 20% bonus density increase for PUDs (standard = 200%).
Note that the impervious surface limits approved by DNR (see the approved ordinance in the attached PDF) applied to all shoreland areas, not just the shoreland areas of recreational development
lakes.
DNR’s recommended impervious surface definition is available in our model ordinance.
Best Regards,
Dan Scollan
East Metro Area Hydrologist – Ramsey and Washington Counties
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Phone: 651-259-5732
Fax: 651-772-7977
Email: daniel.scollan@state.mn.us
mndnr.gov
From: Ben Hetzel <BHetzel@lakeelmo.org> Sent: Friday, July 15, 2022 2:18 PMTo: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Subject: Zoning Text Amendments to Shoreland Code
Hello Dan,
A few weeks ago I spoke to you about possible changes to our Impervious Surface Definition and Impervious Surface percentage maximums. After meeting with City Council at our most recent workshop, Council
wishes to pursue the following changes:
Change Impervious Surface Definition (Chapter 1.08 Definitions)
Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground., including, but not limited to, building footprints, sidewalks, paved or gravel
driveways and parking areas, patios, sport courts, or any other similar surface. Decks, pervious landscaping fabric, the water surface of pools, and retaining walls shall not be included as impervious surface.
Increase Maximum Impervious lot coverage for lots in Shoreland classified as Recreational Development from 15% to 25% for unsewered lots (Section 105.12.1260(c)(3) Table 17-3
The change will impact unsewered lots in the areas of Lakes Elmo, Jane, Olson, and DeMontreville.