HomeMy WebLinkAbout#13 - Impervious Surface Text Amendment1
STAFF REPORT
DATE: 01-17-2022
Regular
Motion
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Impervious Surface Text Amendments
REVIEWD BY: Ben Hetzel, Prior City Planner
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 CITY COUNCIL:
Should City Council approve the proposed text amendment to the impervious surface definition?
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.
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
•Approve the proposed amendments.
•Amend the proposed amendments.
•Deny the proposed amendments.
RECCOMENDATION
Staff recommends that the City Council approve the proposed text amendments as presented.
“Move to adopt Ordinance 2023-01, amending the impervious surface definition in Section
1.08.010.”
2
3
AND
“Move to adopt summary publication of Ordinance 2023-01 with approval of Resolution No.
2023-07
ATTACHMENTS
1.August 22, 2022 Planning Commission Minutes
2.December 12, 2022 Planning Commission Minutes
3.Section 1.08.010 Definitions (Draft)
4.City E ngineer comments
5.Browns Creek Watershed District comments
6.Valley Branch Watershed District comments
7.MN DNR Initial Comments
8.Ordinance 2023-01
9.Resolution No. 2023-07
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
Lake Elmo Planning Commission Meeting Minutes: 12-12-2022
1
City of Lake Elmo Planning Commission
Meeting
City Council Chambers – 3800 Laverne
Avenue North
Minutes of Regular Meeting of
December 12, 2022
CALL TO ORDER: Commission Chair Risner called to order the meeting of the Lake Elmo Planning
Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Risner, Steil, Vrieze
COMMISSIONERS ABSENT: Mueller, Rehkamp
STAFF PRESENT: Planning Director Molly Just
Pledge of Allegiance at 7:00 PM
Approve Agenda:
M/S/P: Steil / Vrieze: made a motion to approve the agenda. Vote: 3-0, motion carried unanimously. (Mueller,
Rehkamp absent)
Approve Minutes:
M/S/P: Vrieze / Steil made a motion to approve the 11-14-22 meeting minutes. Vote: 3-0, motion carried
unanimously. (Mueller, Rehkamp absent)
Public Hearing:
N/A
New/Unfinished Business
a) 2023 Planning Department Work Plan: The Planning Commission is asked to review the proposed
Planning Department Work Plan for 2023.
Director Just gave presentation and answered questions.
M/S/P: Vrieze / Steil made a motion to recommend approval of the draft 2023 Planning Department Work Plan
Vote: 3-0, motion carried unanimously. (Mueller, Rehkamp absent) no discussion.
b) Impervious Surface Text Amendments: The Planning Commission is asked to make a recommendation to the
City Council on the proposed text amendment to the definition of impervious surface.
Director Just gave presentation and answered questions.
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
Lake Elmo Planning Commission Meeting Minutes: 12-12-2022
2
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.
M/S/P: Vrieze / Steil made a motion to recommend adoption of the proposed text amendment, amending the
impervious surface definition in Section 1.08.010 Definitions as presented Vote: 3-0, motion carried unanimously.
(Mueller, Rehkamp absent) no discussion.
Communications/Updates - City Council Updates
a) 8265 Hidden Bay Trail – Variance for Septic Setback from Wetland – Approved
b) 8243 Demontreville Trail – Jesuit Retreat House CUP – Approved
c) Inwood 7th Addition - Replat Outlot, Preliminary Plat Extension – Approved
d) PUD Amenity Categories – Tabled for discussion at 12/13 work session
Upcoming Meetings
a) December 28, 2022 - Cancelled
b) January 9, 2023
Meeting adjourned at 7:23 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.png
image002.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 as
being impervious or not pervious. Your definition revisions remove this clarification and is likely an
issue that will continue to come up over time.
Thanks ~Jack
John (Jack) W. Griffin, P.E.
Principal / Sr. Municipal Engineer
FOCUS ENGINEERING, INC.
651.300.4264
jack.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. I
have 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 change
maximum impervious surface lot coverage from 15% to 25% for unsewered lots classified as
Recreational 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.png
image002.png
image003.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 Hetzel
Cc:MN_Ordinance Review (DNR); Petrik, Daniel (DNR)
Subject:RE: Zoning Text Amendments to Shoreland Code
Date:Tuesday, July 19, 2022 3:22:11 PM
Attachments:image007.png
image008.png
image009.png
image012.png
image013.png
image004.wmz
image003.png
image005.png
2017-06-09-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 PM
To: 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.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2023-01
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY
UPDATING THE SITE AMENITIES ELIGIBLE FOR BONUS DENSITY IN PLANNED
UNIT DEVELOPMENTS.
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105
Zoning; Chapter 105: Article XV Commercial Districts is hereby amended by changing the
following sections (Proposed language is underlined, deleted language is shown with
strikethrough):
Section 1.08.010 Terms Defined
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.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 2023-01 was adopted on this ______day of
_______, 2023.
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-07
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE
2023-01
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2023-01, an ordinance that
amends the City’s Zoning Code Chapter 1.08 Definitions, Section 1.08.110 Terms Defined.
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo
that the City Clerk shall cause the following summary of Ordinance No. 2023-01 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 2023-01, an ordinance that
amends the City Code language in the Zoning Ordinance. This ordinance alters language in the
City Code to update the amenities eligible for bonus density. The following is a summary of the
adopted ordinance language:
Ordinance 2023-01 includes the following elements to amend Chapter 1.08 Definitions, Section
1.08.110 Terms Defined:
The full text of Ordinance 2023-01 is available for inspection at Lake Elmo City Offices during
regular business hours.
1. Amended the impervious surface definition to remove the examples of impervious surfaces
and clarify that the surfaces of pools and retaining walls shall be considered pervious.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: January 17th 2023
___________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)