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HomeMy WebLinkAbout04-13-26 Planning Commission Meeting PacketPlanning Commission Meeting 3880 Laverne Avenue North April 13th, 2026 6:30 p.m. AGENDA Pledge Of Allegiance Approve Agenda Approve Minutes 03 -09 -26 Planning Commission Meeting Minutes 3 - PZ MINUTES 3 -9 -26.PDF Public Hearing Zoning Text Amendment - Short Term Rentals The City of Lake Elmo has initiated a zoning text amendment pertaining to short term rental properties within the City. This amendment includes section LEC 105.12.110, LEC 105.12.500, LEC 105.12.620, LEC 105.12.710, LEC 105.12.780, LEC 105.12.870, and LEC 105.12.1040. 4A - RESOLUTION 2026 -XX SUM OF PUB - SHORT TERM RENTALS (DRAFT).PDF 4A - ORDINANCE - STR DRAFT 4.7.26.PDF 4A - ORDINANCE 2026 -XX - SHORT TERM RENTALS (DRAFT).PDF 4A - PC MEMO - SHORT TERM RENTALS.PDF 4A - PRESENTATION - SHORT TERM RENTALS.PDF Highpointe Crossing Preliminary Plat, Rezoning And Variances Rachel Development has submitted new Preliminary Plat, Zoning Map Amendment, and Variance requests for a residential development on about 78 acres (PID: 21.029.21.32.0001). The proposal includes 17 single family homes along with preservation of the existing farmstead. A change in the property's zoning and approval of variances will allow for the development to meet City standards. The 18 lots will be served by city water and individual septic systems. 4B - PRESENTATION - HIGHPOINTE CROSSING PRELIM PLAT REZONE VARIANCE (2).PDF 4B - PC MEMO - HIGHPOINTE CROSSING PRELIMINARY PLAT AND VARIANCE.PDF New/Unfinished Business N/A Communications/Updates City Council Updates Firehouse Minor Subdivision - 3/3/26 Granvia Preserve OP PUD And Preliminary Plat - 4/7/26 Upcoming Meetings April 27th, 2026 May 11th, 2026 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. 1. 2. 3. a. Documents: 4. a. Documents: b. Documents: 5. a. 6. a. i. ii. b. i. ii. 7. Planning Commission Meeting3880 Laverne Avenue NorthApril 13th, 20266:30 p.m.AGENDAPledge Of AllegianceApprove AgendaApprove Minutes03-09 -26 Planning Commission Meeting Minutes3 - PZ MINUTES 3 -9 -26.PDFPublic HearingZoning Text Amendment - Short Term RentalsThe City of Lake Elmo has initiated a zoning text amendment pertaining to short term rental properties within the City. This amendment includes section LEC 105.12.110, LEC 105.12.500, LEC 105.12.620, LEC 105.12.710, LEC 105.12.780, LEC 105.12.870, and LEC 105.12.1040.4A - RESOLUTION 2026 -XX SUM OF PUB - SHORT TERM RENTALS (DRAFT).PDF4A - ORDINANCE - STR DRAFT 4.7.26.PDF4A - ORDINANCE 2026 -XX - SHORT TERM RENTALS (DRAFT).PDF4A - PC MEMO - SHORT TERM RENTALS.PDF4A - PRESENTATION - SHORT TERM RENTALS.PDFHighpointe Crossing Preliminary Plat, Rezoning And VariancesRachel Development has submitted new Preliminary Plat, Zoning Map Amendment, and Variance requests for a residential development on about 78 acres (PID: 21.029.21.32.0001). The proposal includes 17 single family homes along with preservation of the existing farmstead. A change in the property's zoning and approval of variances will allow for the development to meet City standards. The 18 lots will be served by city water and individual septic systems. 4B - PRESENTATION - HIGHPOINTE CROSSING PRELIM PLAT REZONE VARIANCE (2).PDF 4B - PC MEMO - HIGHPOINTE CROSSING PRELIMINARY PLAT AND VARIANCE.PDF New/Unfinished Business N/A Communications/Updates City Council Updates Firehouse Minor Subdivision - 3/3/26 Granvia Preserve OP PUD And Preliminary Plat - 4/7/26 Upcoming Meetings April 27th, 2026 May 11th, 2026 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. 1.2.3.a.Documents:4.a.Documents:b. Documents: 5. a. 6. a. i. ii. b. i. ii. 7. Planning Commission Meeting Minutes: 3-9-2026 City of Lake Elmo Planning Commission Meeting City Council Chambers – 3880 Laverne Avenue North Minutes of Regular Meeting of March 9th, 2026 CALL TO ORDER: Commission Chair Rehkamp called to order the meeting of the Lake Elmo Planning Commission at 6:30 p.m. COMMISSIONERS PRESENT: Amend, Chars, Dunn, Rasmussen, Rehkamp, Sarro COMMISSIONERS ABSENT: Vrieze STAFF PRESENT: Senior City Planner Sophia Jensen, City Planner Ashley Monterusso, Bolton-Menk Consultant, Nathan Fuerst Pledge of Allegiance at 6:30 PM Approve Agenda: M/S/P: Dunn / Chars made a motion to approve the agenda Vote: 6-0, motion carried unanimously Commission Chair Rehkamp introduced and welcomed new Planning Commissioner Mathew Rasmussen. Approve Minutes: M/S/P: Dunn / Amend made a motion to approve the 2-9-26 meeting minutes. Vote: 6-0, motion carried unanimously. Public Hearing: a. Preliminary Plat and OP PUD - Granvia Preserve: Twin Cities Land Development has submitted an Open Space Planned Unit Development and Preliminary Plat for 110 acres (PID: 01.029.21.43.0001, 01.029.21.42.0003, and 01.029.21.41.000). This project was previously called Legends of Lake Elmo. The proposal includes 58 single family homes and over 50% open space with city water and a community septic system. Senior City Planner Sophia Jensen gave presentation and answered questions. Developer Ben Schmidt with Twin Cities Land Development spoke and answered questions. Project Civil Engineer Mitch Honsa with Larson Engineering, spoke in regards to topsoil questions. M/S/P: Dunn/ Chars moved to open the public hearing at 7:01PM. Vote: 6-0, motion carried unanimously. Public Comments: Nathan Campbell, 5308 Linden Trail North: Spoke further on the prior Tamarack Farms written comments. Noted concerns regarding traffic/pedestrian safety. Neil Krueger, 4452 Lake Elmo Avenue North: has concerns regarding scenic tamarack swamp being destroyed. Email, Nate Campbell, Tamarack Farms HOA, read into record by Commissioner Sarro. Email, Mark Citsay, Carriage Street HOA, read into record by Commissioner Dunn. Danny Hecker, 11658 50th Street North: has concerns regarding landscaping and requested additional screening adjacent to his site. M/S/P: Amend / Chars moved to close the public hearing at 7:11 PM. 6-0, motion carried unanimously. M/S/P: Chars/Amend moved to recommend approval of the preliminary plat and PUD requested by Twin Cities Land Development on the subject property based on the findings of fact and recommended conditions of approval listed in staff report. Vote: 0-6 motion denied unanimously. M/S/P: Rehkamp/Chars moved to recommend approval of the preliminary plat and PUD requested by Twin Cities Land Development on the subject property with the amended conditions, the sidewalks meet city requirements and impervious land variation over 30 percent be identified on each individual house parcel, and based on the findings of fact and Planning Commission Meeting Minutes: 3-9-2026 recommended conditions of approval listed in staff report. Vote: 6-0, motion carried unanimously. New/Unfinished Business a. Sustainability Update City Planner Ashley Monterusso gave presentation and answered questions. Communications/Updates: a) City Council Updates i. Public Hearing Notice ZTA - 2/17/26 - Passed ii. 2026 Housekeeping - 2/17/26 - Passed iii. RLS #132 - 2/17/26 - Passed Senior City Planner Sophia Jensen noted we have 53 people signed up for Planning Commission agenda push notifications and 25 people signed up for public hearing notice push notifications. b) Upcoming Meetings i. March 23rd, 2026 ii. April 13th, 2026 Moved to annual training 7:46 PM. Meeting adjourned at 8:47 PM. Respectfully Submitted, Diane Wendt Permit Technician CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2026-XXX RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2026-XXX WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2026-XX an ordinance that amends the City Code language pertaining to short term rental properties within the city. 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. 2026-XX 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. ________, an ordinance that amends the City Code language pertaining to short term rental properties within the city. This ordinance alters language in the City Code by permitting the use of short-term rentals within certain zoning districts and requiring a license for the operation of short-term rentals. The full text of Ordinance No. __________ is available for inspection at Lake Elmo City Hall during regular business hours. 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: ____________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ _______________, _____________________ (SEAL) LA515\1\1087466.v1 105.12.110 Zoning Use Types And Classifications b) Use types and classifications. 1) Residential and related uses. a. Family living. Live-work unit means a dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. Manufactured home park means a development on a site under a single ownership which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is charged for the utilization of such space. Multifamily residential means a building containing three or more dwelling units served by one or more shared entrance. The term "multifamily residential" includes cooperative apartments and condominiums, but not condominium-hotels. (See condominium and condominium-hotel under LEC 1.08.) Secondary dwelling means a residential dwelling unit, but not a manufactured home, located on the same lot as a single-family dwelling unit, either within the principal structure or above a detached garage. Short-term rental (STR) means the use of a dwelling unit, or any portion thereof, rented for a period of at least one night and less than 30 consecutive days. Each short-term rental is limited to a total of five guest rooms and 10 guests. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated separately are not considered to be short-term rentals. Single-family, attached, or townhomes, means a building containing independent dwelling units adjacently attached to each other, each with separate exterior entrances at the ground floor. Single-family attached must contain more than two units, but not to exceed eight total units. The units may be on the same, or separate, lots. Single-family, detached, means a building containing only one dwelling unit, surrounded by landscape area or yards on all sides. Two-family or duplex means a building on a single lot or adjacent LA515\1\1087466.v1 lots containing two dwelling units, either side-by-side or stacked vertically. 105.12.500 Standards For Residential And Related Uses a) Group home. A group home is a specific use type located within a single-family dwelling, and therefore shall meet all zoning standards applicable to single-family dwellings, including setbacks, lot area, lot coverage, and off-street parking. License capacity shall not exceed six persons per facility, plus support staff. b) Group residential facility, halfway house. 1) In residential districts, the facility shall occupy a residential building type permitted within the district where it is located, and shall meet all zoning standards applicable to that building type. 2) On-site services shall be for residents of the facility only. c) Congregate housing (assisted living). 1) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of existing building and surrounding neighborhood. 2) The site shall contain a minimum of 50 square feet of green space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the city may consider public parks or plazas within 300 feet of the site to meet this requirement. It is the responsibility of the applicant to demonstrate why the green space cannot be located on site. 3) An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. d) Semi-transient accommodations (boardinghouses, roominghouses, etc.). 1) The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms. 2) All new construction or additions to existing buildings shall be compatible with the scale and character of the existing building and surrounding neighborhood. 3) An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. e) Temporary health care dwellings. Pursuant to authority granted by M.S.A. § 462.3593, subd. 9, the city opts-out of the requirements of M.S.A. § 462.3593, which defines and regulates temporary family health care dwellings. By exercising this authority, the city is prohibiting the use of temporary family health care dwellings within the city. f) Short-term rentals (STR). 1) License required. No person, partnership, non-profit, or other business entity shall operate a short-term rental dwelling or short-term rental dwelling LA515\1\1087466.v1 unit in the city without a license pursuant to this section. The license application must be submitted on a form provided by the city. a. Property contact information. The license applicant must provide 24- hour contact information for the following people: 1. At least one owner of the rental dwelling property. 2. At least one manager, if different from the owner, who is responsible for managing the property in compliance with this and any other Code requirement pertaining to the short-term rental dwelling. The manager must reside within 60 miles of the short-term rental property; or 3. If the owner uses a property management company for management of the short-term rental dwelling, the name and contact information of the person at the property management company responsible for managing the short-term rental dwelling. b. Fees. There shall be a licensing fee as established by the city's fee schedule. All fees shall be charged to and payable by the owner. c. Inspection report. The application must be accompanied by a satisfactory city inspection report signed by the building official. d. License term. The term of the license is three calendar years. A license renewal application must be submitted to the city prior to the expiration date. The license expires on November 1st. e. Changes in ownership or dwelling unit. A license is non- transferable. If there is a change in ownership of the short-term rental dwelling or short-term rental dwelling unit, a new license is required. If changes are made in the number or type of units, the agent or property manager, the licensee shall file an application to amend the rental license. Depending on the nature of the changes, the city may require a new property inspection. Each unit used as a short-term rental property shall have its own short-term rental license. f. Responsibility for acts of the manager. Licensees and owners are responsible for the acts or omissions of any manager as it pertains to the short-term rental dwelling. g. Exemptions. This section does not apply to, and no short-rental license is required for the following: 1. Hotels or motels; 2. Hospitals; 3. Bed and breakfasts, which are subject to requirements in Section 105.12.570; 4. State-licensed residential care facilities; 5. Nursing homes or assisted living facilities; and LA515\1\1087466.v1 6. Rental dwellings which are rented for a period exceeding 30 consecutive days. 2) Standards for licensing. a. STR license cap. For all zoning districts where short-term rental dwellings are allowed, no more than 20 licenses shall be active at one time. b. Homeowners’ associations (HOAs) opt-in. In zoning districts where short -term rental dwellings are allowed and an HOA exists, the HOA shall opt-in prior to the city accepting a short-term rental license application. c. Performance standards. 1. Zoning. A short -term rental shall only be allowed in specific zoning districts as set forth in LEC 105.12.(620, 710, 780, 870, and 1040). 2. Parking requirements. All short-term rentals must provide at least one off-street parking space per bedroom. However, no more than four off street parking spaces per short-term rental dwelling unit will be required, regardless of the number of bedrooms. All guest parking for a short-term rental dwelling or short-term rental dwelling unit must be on a durable driveway or parking surface that is located on the property. 3. Guest rooms. The number of rooms being used for short- term rental purposes in any building shall not exceed five. 4. Signage. No additional signage shall be provided. d. Maintenance Standards 1. It is the responsibility of the licensee to ensure that every short-term rental dwelling is maintained in compliance with all city ordinances and state and federal laws. A violation of any of the following City Code titles or chapters constitutes a violation of this chapter and a public nuisance: i. Building Regulations Code (Chapter 105.08); ii. Zoning Code (Chapter 105.12); iii. Animals Code (Chapter 9.2); iv. Nuisances (Chapter 9.28); v. International Property Maintenance Code (Chapter 105.04-XVI); and vi. Solid Waste (Chapter 5.12). 2. Inspections. The building official, fire chief, sheriff, and their respective representatives are authorized inspectors who LA515\1\1087466.v1 may enter short-term rental dwellings for purposes of making inspections reasonably necessary to enforce this chapter. All authorized inspectors have the authority to enter any short- term rental dwelling at all reasonable times with permission of the owner, occupants, or manager. The licensee is responsible for scheduling the inspection and notifying any existing guest of the inspection. The licensee must provide access to the requesting city official at the date and time of the scheduled inspection. If any owner, owner’s agent, or occupant of a short-term rental dwelling or short-term rental dwelling unit fails or refuses to permit entry to a short-term rental dwelling or short-term rental dwelling unit for an inspection pursuant to this section, the inspector may seek an administrative search warrant authorizing such inspection. Failure to provide access for any reason may result in a re-inspection fee, in addition to any other sanctions imposed for noncompliance, such as revocation or suspension of the license. 3. Access by occupant. Each occupant of a short-term rental dwelling shall give the licensee, manager, or authorized city official access to any part of such short-term rental dwelling at reasonable times for the purpose of inspection which is necessary to comply with the provisions of this section. 4. Violations. A violation of this section is a misdemeanor. However, the city may use alternative enforcement methods, including suspension, revocation, or denial of a license. 3) Denial, suspension, or revocation of license. a. Any short-term rental license may be denied, suspended, or revoked for one or more of the following reasons: 1. There have been at least three substantiated and relevant complaints or violations of this section relating to the short- term rental within a 12-month period; 2. The property does not comply with a health, building, or building maintenance code, or other provisions of the City Code or state law; 3. The licensee has failed to pay the license fee or inspection fees that are required for the short-term rental; 4. The licensee has made fraudulent statements or misrepresentations in the license application, investigation of LA515\1\1087466.v1 the license application, or in any information required by this section to be provided to the city; 5. The licensee has been operating or allowing the short-term rental property to be used in such a manner as to constitute a breach of the peace, a menace to the health, safety, and welfare of residents or the public, or a disturbance of the peace, comfort or safety of the residents or the public, upon recommendation of the sheriff; 6. The licensee has been operating the short-term rental property in a manner that is unauthorized or beyond the scope of the license granted; 7. The licensee's rental license to operate another short-term rental dwelling in the City of Lake Elmo or in another jurisdiction has been denied, revoked, or suspended within the past year; 8. Failure by the licensee to schedule or allow inspections of the licensed premises for the purpose of ensuring compliance with short-term rental licensing requirements, City Code requirements, state building codes, or other applicable state or federal law; 9. Failure by the licensee to continuously comply with all conditions required in the approval of the license; 10. Real estate taxes or city fees for the short-term rental property are delinquent; 11. Violation of any regulation or provision of the City Code applicable to the activity for which the license has been granted, or any regulation or state or federal law that may be applicable; 12. Failure by the licensee to actively pursue the removal of guests who have violated the provisions of the City Code; 13. Failure by the licensee to cooperate with the city in identifying individuals with a lawful right to occupy the short- term rental dwelling or to be present on the short-term rental property; or 14. Other good cause as determined by the city council. b. The city council may revoke a license or suspend a license for a set period of time or until violations of City Code, or state or federal law are corrected and, in addition, impose a criminal penalty for each violation or impose a combination of these sanctions. LA515\1\1087466.v1 c. Hearing. The council or its designee must hold a hearing to deny, suspend or revoke a license or to consider other actions against the licensee. Denial, suspension, or revocation hearings shall be conducted pursuant to City Code Section 3.04.010. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to license suspension or revocation. 1. Temporary suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. 2. Following the hearing, the council may revoke or suspend the license for all or any part of the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems reasonable and necessary to accomplish the purposes of this section, or grant or continue the license. The decision by the city council following a hearing is final. Upon denial, revocation or nonrenewal of a license, the owner may not reapply for a license for a period of six months. Upon expiration of the six-month period, the applicant must re-apply for a new license. d. Appeal of decision to deny or not renew license. If the community development director denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non-renewal within seven days, the community development director shall issue the license. A licensee whose license has been denied or not renewed by the community development director may appeal the decision by filing with the community development director a written notice of appeal within seven days of receiving notice of the decision. The hearing will be conducted pursuant to City Code Section 3.04.010. 4) Summary Action a. Emergency. When the conduct of any owner or owner's agent, representative, employee, or guest, or the condition of the short- term rental dwelling or short-term rental dwelling unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community, or LA515\1\1087466.v1 guests of the short-term rental dwelling or short-term rental dwelling unit so as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the building official has the authority to post individual short-term rental dwelling units or areas of the short-term rental dwelling as uninhabitable as the building official deems necessary. b. Posted to prevent occupancy. Whenever any short-term rental dwelling or short-term rental dwelling unit is found to be unfit for human habitation under paragraph (a) of this section, it shall be posted by the building official on the door of the short-term rental dwelling or short-term rental dwelling unit, whichever the case may be, to prevent further occupancy. No person, other than the building official or their designee, shall remove or alter any posting. The building official will post the date the short-term rental dwelling or short-term rental dwelling unit must be vacated, and no person shall reside in, occupy or cause to be occupied that particular short- term rental dwelling or short-term rental dwelling unit until the building official permits it. 5) No Warranty by City a. By enacting and undertaking to enforce this section, neither the city nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any short-term rental dwelling in the city. Licensees and occupants should take appropriate steps to protect their property, health, safety, and welfare. 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living LA515\1\1087466.v1 Single-family detached dwelling P P P P P LEC 105.12.650(a) Secondary dwelling - P - - - LEC 105.12.650(d) Short-term rental P P P P P LEC 105.12.500(f) 105.12.710 Permitted And Conditional Uses Table 10-1 lists all permitted and conditional uses allowed in the urban residential districts. "P" indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this chapter of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. A principal and secondary dwelling unit may be combined according to the standards of LEC 105.12.750(c). Single-family attached or multifamily complexes designed for rental or condominium occupancy, typically include multiple units and buildings on a single parcel. Table 10-1: Permitted and Conditional Uses, Residential Districts Residential Uses GCC LDR MDR HDR Standard Household Living Single-family detached dwelling P* P P P LEC 105.12.740 (B), (E), *(O) Two-family dwelling - - P P LEC 105.12.740 (F) Single-family attached dwelling - - P* P** LEC 105.12.740 *(G),**(J) LA515\1\1087466.v1 Multifamily dwelling (rental or condominium) - - C* P** LEC 105.12.740 *(h),**(k) Secondary dwelling C C C C LEC 105.12.740(c) Live-work unit - - - C LEC 105.12.740(l) Manufactured home park - - C - LEC 105.12.170-- LEC 105.12.340 Short-term rental P P P P LEC 105.12.500(f) 105.12.780 Permitted And Conditional Uses Table 11-1 lists all permitted and conditional uses allowed in the village districts. "P" indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this section of specific development standards that apply to the listed use. a) Combinations of uses. The following use types may be combined on a single parcel: 1) Principal and accessory uses may be combined on a single parcel. 2) Permitted or conditional uses allowed within the district may be combined on a single parcel, provided that a unified and integrated site plan is approved. If one or both of the uses is/are conditional, the entire development must be approved as a conditional use. b) Combination of uses, VMX district. 1) A mixed-use building that combines permitted or conditionally permitted uses may be developed meeting the form standards of this subchapter. c) Non-Residential Uses. 1) On property zoned V-HDR, allowed non-residential uses shall be located on the street level (first floor) only. Such use shall have its primary entrance from the front or side of the building. Table 11-1: Permitted and Conditional Uses, Village Districts LA515\1\1087466.v1 V- LDR V- MDR V- HDR VMX Standard Residential Uses Household Living: Single-family detached dwelling P P P P LEC 105.12.820 Two-family dwelling - - P P Single-family attached dwelling - - C C LEC 105.12.820 Multifamily dwelling - - C C LEC 105.12.820 Secondary dwelling P P P P LEC 105.12.820 Live-work unit - - C P LEC 105.12.820 Short-term rental P P P P LEC 105.12.500(f) 105.12.870 Permitted, Conditional And Interim Uses Table 14-1 lists all permitted and conditional uses allowed in the commercial areas of the MU-C and MU-BP zoning districts. "P" indicates a permitted use, "C" a conditional use and "I" an interim use. Uses not so indicated are prohibited. Cross-references listed in the table under "Standards" indicate the location within this chapter of specific development standards that apply to the listed use. Combinations of uses. The following use types may be combined on a single parcel. a) Principal and accessory uses. b) Single-family attached or multifamily complexes designed for rental or condominium occupancy, since these typically include multiple units and buildings on a single parcel. c) Other permitted or conditional uses allowed within the district may be combined on a single parcel, provided the city approves a unified and integrated site plan. The city must approve the entire development as a conditional use. d) A mixed-use building that combines permitted or conditionally permitted residential, service, retail and civic uses may be developed meeting the form standards of this section. Office or studio uses on upper stories of such buildings are encouraged. e) Compatible uses. In the event of any question as to the appropriate use type or compatibility of any proposed land use or activity in a mixed-use development, the planning director shall have the authority to determine if the city should consider LA515\1\1087466.v1 the use or activity as permitted, conditional or prohibited from a location in a mixed- use zoning district. In making such a determination, the planning director shall consider the operational and physical characteristics of the proposed use or activity in question. In addition, the planning director shall consider the specific requirements of the use in common with those included as permitted or conditional uses in the zoning district. Where a question or conflict arises as to the appropriateness or compatibility of a proposed use or activity, the planning director shall refer the matter to the planning commission. The planning commission shall make a recommendation about the matter to the city council, who shall make the final determination as to whether the city will allow (or not allow) a proposed use; is compatible as a permitted use or as a conditional use; is compatible as an accessory use; or is a use that may be added to a specific mixed-use development within the zoning district. Table 14-1: Permitted, Conditional and Interim Uses, Mixed-Use Commercial and Mixed- Use Business Park Districts MU- C MU- BP Standard Residential Uses Household Living: Single-family detached dwelling P P LEC 105.12.900(a) Single-family attached dwelling P P LEC 105.12.900(b) Multifamily residential dwelling P P LEC 105.12.900(c) Secondary dwelling C C LEC 105.12.900(d) Live-work unit C C LEC 105.12.900(e) Short-term rental P P LEC 105.12.500(f) 105.12.1040 Uses Within Open Space PUDs a) Primary uses. 1. Permitted. a. Single-family, detached; b. Preserved open space; LA515\1\1087466.v1 c. Conservation easements; d. Agriculture; e. Suburban farms; f. Private stables; g. Single-family, attached and Townhouses (no more than 25 percent in any development); h. Wayside stand; i. Public parks and trails; and j. Short-term rental 2. Conditionally permitted. None. 3. Interim permitted. None. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2026-___ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING TITLE 105, ZONING PERTAINING TO SHORT TERM RENTAL PROPERTIES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.110 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): b) Use types and classifications. 1) Residential and related uses. a. Family living. Live-work unit means a dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. Manufactured home park means a development on a site under a single ownership which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is charged for the utilization of such space. Multifamily residential means a building containing three or more dwelling units served by one or more shared entrance. The term "multifamily residential" includes cooperative apartments and condominiums, but not condominium-hotels. (See condominium and condominium-hotel under LEC 1.08.) Secondary dwelling means a residential dwelling unit, but not a manufactured home, located on the same lot as a single-family dwelling unit, either within the principal structure or above a detached garage. Short-term rental (STR) means the use of a dwelling unit, or any portion thereof, rented for a period of at least one night and less than 30 consecutive days. Each short-term rental is limited to a total of five guest rooms and 10 guests. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated separately are not considered to be short-term rentals. Single-family, attached, or townhomes, means a building containing independent dwelling units adjacently attached to each other, each with separate exterior entrances at the ground floor. Single-family attached must contain more than two units, but not to exceed eight total units. The units may be on the same, or separate, lots. Single-family, detached, means a building containing only one dwelling unit, surrounded by landscape area or yards on all sides. Two-family or duplex means a building on a single lot or adjacent lots containing two dwelling units, either side-by-side or stacked vertically. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.500 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): a) Group home. A group home is a specific use type located within a single-family dwelling, and therefore shall meet all zoning standards applicable to single-family dwellings, including setbacks, lot area, lot coverage, and off-street parking. License capacity shall not exceed six persons per facility, plus support staff. b) Group residential facility, halfway house. 1) In residential districts, the facility shall occupy a residential building type permitted within the district where it is located, and shall meet all zoning standards applicable to that building type. 2) On-site services shall be for residents of the facility only. c) Congregate housing (assisted living). 1) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of existing building and surrounding neighborhood. 2) The site shall contain a minimum of 50 square feet of green space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the city may consider public parks or plazas within 300 feet of the site to meet this requirement. It is the responsibility of the applicant to demonstrate why the green space cannot be located on site. 3) An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. d) Semi-transient accommodations (boardinghouses, roominghouses, etc.). 1) The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms. 2) All new construction or additions to existing buildings shall be compatible with the scale and character of the existing building and surrounding neighborhood. 3) An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. e) Temporary health care dwellings. Pursuant to authority granted by M.S.A. § 462.3593, subd. 9, the city opts-out of the requirements of M.S.A. § 462.3593, which defines and regulates temporary family health care dwellings. By exercising this authority, the city is prohibiting the use of temporary family health care dwellings within the city. f) Short-term rentals (STR). 1) License required. No person, partnership, non-profit, or other business entity shall operate a short- term rental dwelling or short-term rental dwelling unit in the city without a license pursuant to this section. The license application must be submitted on a form provided by the city. a. Property contact information. The license applicant must provide 24-hour contact information for the following people: 1. At least one owner of the rental dwelling property. 2. At least one manager, if different from the owner, who is responsible for managing the property in compliance with this and any other Code requirement pertaining to the short-term rental dwelling. The manager must reside within 60 miles of the short-term rental property; or 3. If the owner uses a property management company for management of the short- term rental dwelling, the name and contact information of the person at the property management company responsible for managing the short-term rental dwelling. b. Fees. There shall be a licensing fee as established by the city's fee schedule. All fees shall be charged to and payable by the owner. c. Inspection report. The application must be accompanied by a satisfactory city inspection report signed by the building official. d. License term. The term of the license is three calendar years. A license renewal application must be submitted to the city prior to the expiration date. The license expires on November 1st. e. Changes in ownership or dwelling unit. A license is non-transferable. If there is a change in ownership of the short-term rental dwelling or short-term rental dwelling unit, a new license is required. If changes are made in the number or type of units, the agent or property manager, the licensee shall file an application to amend the rental license. Depending on the nature of the changes, the city may require a new property inspection. Each unit used as a short-term rental property shall have its own short-term rental license. f. Responsibility for acts of the manager. Licensees and owners are responsible for the acts or omissions of any manager as it pertains to the short-term rental dwelling. g. Exemptions. This section does not apply to, and no short-rental license is required for the following: 1. Hotels or motels; 2. Hospitals; 3. Bed and breakfasts, which are subject to requirements in Section 105.12.570; 4. State-licensed residential care facilities; 5. Nursing homes or assisted living facilities; and 6. Rental dwellings which are rented for a period exceeding 30 consecutive days. 2) Standards for licensing. a. STR license cap. For all zoning districts where short-term rental dwellings are allowed, no more than 20 licenses shall be active at one time. b. Homeowners’ associations (HOAs) opt-in. In zoning districts where short -term rental dwellings are allowed and an HOA exists, the HOA shall opt-in prior to the city accepting a short-term rental license application. c. Performance standards. 1. Zoning. A short -term rental shall only be allowed in specific zoning districts as set forth in LEC 105.12.(620, 710, 780, 870, and 1040). 2. Parking requirements. All short-term rentals must provide at least one off-street parking space per bedroom. However, no more than four off street parking spaces per short-term rental dwelling unit will be required, regardless of the number of bedrooms. All guest parking for a short-term rental dwelling or short-term rental dwelling unit must be on a durable driveway or parking surface that is located on the property. 3. Guest rooms. The number of rooms being used for short-term rental purposes in any building shall not exceed five. 4. Signage. No additional signage shall be provided. d. Maintenance Standards 1. It is the responsibility of the licensee to ensure that every short-term rental dwelling is maintained in compliance with all city ordinances and state and federal laws. A violation of any of the following City Code titles or chapters constitutes a violation of this chapter and a public nuisance: i. Building Regulations Code (Chapter 105.08); ii. Zoning Code (Chapter 105.12); iii. Animals Code (Chapter 9.2); iv. Nuisances (Chapter 9.28); v. International Property Maintenance Code (Chapter 105.04-XVI); and vi. Solid Waste (Chapter 5.12). 2. Inspections. The building official, fire chief, sheriff, and their respective representatives are authorized inspectors who may enter short-term rental dwellings for purposes of making inspections reasonably necessary to enforce this chapter. All authorized inspectors have the authority to enter any short-term rental dwelling at all reasonable times with permission of the owner, occupants, or manager. The licensee is responsible for scheduling the inspection and notifying any existing guest of the inspection. The licensee must provide access to the requesting city official at the date and time of the scheduled inspection. If any owner, owner’s agent, or occupant of a short-term rental dwelling or short-term rental dwelling unit fails or refuses to permit entry to a short-term rental dwelling or short-term rental dwelling unit for an inspection pursuant to this section, the inspector may seek an administrative search warrant authorizing such inspection. Failure to provide access for any reason may result in a re-inspection fee, in addition to any other sanctions imposed for noncompliance, such as revocation or suspension of the license. 3. Access by occupant. Each occupant of a short-term rental dwelling shall give the licensee, manager, or authorized city official access to any part of such short-term rental dwelling at reasonable times for the purpose of inspection which is necessary to comply with the provisions of this section. 4. Violations. A violation of this section is a misdemeanor. However, the city may use alternative enforcement methods, including suspension, revocation, or denial of a license. 3) Denial, suspension, or revocation of license. a. Any short-term rental license may be denied, suspended, or revoked for one or more of the following reasons: 1. There have been at least three substantiated and relevant complaints or violations of this section relating to the short-term rental within a 12-month period; 2. The property does not comply with a health, building, or building maintenance code, or other provisions of the City Code or state law; 3. The licensee has failed to pay the license fee or inspection fees that are required for the short-term rental; 4. The licensee has made fraudulent statements or misrepresentations in the license application, investigation of the license application, or in any information required by this section to be provided to the city; 5. The licensee has been operating or allowing the short-term rental property to be used in such a manner as to constitute a breach of the peace, a menace to the health, safety, and welfare of residents or the public, or a disturbance of the peace, comfort or safety of the residents or the public, upon recommendation of the sheriff; 6. The licensee has been operating the short-term rental property in a manner that is unauthorized or beyond the scope of the license granted; 7. The licensee's rental license to operate another short-term rental dwelling in the City of Lake Elmo or in another jurisdiction has been denied, revoked, or suspended within the past year; 8. Failure by the licensee to schedule or allow inspections of the licensed premises for the purpose of ensuring compliance with short-term rental licensing requirements, City Code requirements, state building codes, or other applicable state or federal law; 9. Failure by the licensee to continuously comply with all conditions required in the approval of the license; 10. Real estate taxes or city fees for the short-term rental property are delinquent; 11. Violation of any regulation or provision of the City Code applicable to the activity for which the license has been granted, or any regulation or state or federal law that may be applicable; 12. Failure by the licensee to actively pursue the removal of guests who have violated the provisions of the City Code; 13. Failure by the licensee to cooperate with the city in identifying individuals with a lawful right to occupy the short-term rental dwelling or to be present on the short- term rental property; or 14. Other good cause as determined by the city council. b. The city council may revoke a license or suspend a license for a set period of time or until violations of City Code, or state or federal law are corrected and, in addition, impose a criminal penalty for each violation or impose a combination of these sanctions. c. Hearing. The council or its designee must hold a hearing to deny, suspend or revoke a license or to consider other actions against the licensee. Denial, suspension, or revocation hearings shall be conducted pursuant to City Code Section 3.04.010. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to license suspension or revocation. 1. Temporary suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. 2. Following the hearing, the council may revoke or suspend the license for all or any part of the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems reasonable and necessary to accomplish the purposes of this section, or grant or continue the license. The decision by the city council following a hearing is final. Upon denial, revocation or nonrenewal of a license, the owner may not reapply for a license for a period of six months. Upon expiration of the six-month period, the applicant must re-apply for a new license. d. Appeal of decision to deny or not renew license. If the community development director denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non-renewal within seven days, the community development director shall issue the license. A licensee whose license has been denied or not renewed by the community development director may appeal the decision by filing with the community development director a written notice of appeal within seven days of receiving notice of the decision. The hearing will be conducted pursuant to City Code Section 3.04.010. 4) Summary Action a. Emergency. When the conduct of any owner or owner's agent, representative, employee, or guest, or the condition of the short-term rental dwelling or short-term rental dwelling unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community, or guests of the short-term rental dwelling or short-term rental dwelling unit so as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the building official has the authority to post individual short-term rental dwelling units or areas of the short-term rental dwelling as uninhabitable as the building official deems necessary. b. Posted to prevent occupancy. Whenever any short-term rental dwelling or short-term rental dwelling unit is found to be unfit for human habitation under paragraph (a) of this section, it shall be posted by the building official on the door of the short-term rental dwelling or short-term rental dwelling unit, whichever the case may be, to prevent further occupancy. No person, other than the building official or their designee, shall remove or alter any posting. The building official will post the date the short-term rental dwelling or short-term rental dwelling unit must be vacated, and no person shall reside in, occupy or cause to be occupied that particular short-term rental dwelling or short-term rental dwelling unit until the building official permits it. 5) No Warranty by City a. By enacting and undertaking to enforce this section, neither the city nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any short- term rental dwelling in the city. Licensees and occupants should take appropriate steps to protect their property, health, safety, and welfare. SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.620 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross - references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living Single-family detached dwelling P P P P P LEC 105.12.650(a) Secondary dwelling - P - - - LEC 105.12.650(d) Short-term rental P P P P P LEC 105.12.500(f) SECTION 4. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.710 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.710 Permitted And Conditional Uses Table 10-1 lists all permitted and conditional uses allowed in the urban residential districts. "P" indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this chapter of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. A principal and secondary dwelling unit may be combined according to the standards of LEC 105.12.750(c). Single -family attached or multifamily complexes designed for rental or condominium occupancy, typically include multiple units and buildings on a single parcel. Table 10-1: Permitted and Conditional Uses, Residential Districts Residential Uses GCC LDR MDR HDR Standard Household Living Single-family detached dwelling P* P P P LEC 105.12.740 (B), (E), *(O) Two-family dwelling - - P P LEC 105.12.740 (F) Single-family attached dwelling - - P* P** LEC 105.12.740 *(G),**(J) Multifamily dwelling (rental or condominium) - - C* P** LEC 105.12.740 *(h),**(k) Secondary dwelling C C C C LEC 105.12.740(c) Live-work unit - - - C LEC 105.12.740(l) Manufactured home park - - C - LEC 105.12.170-- LEC 105.12.340 Short-term rental P P P P LEC 105.12.500(f) SECTION 5. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.780 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.780 Permitted And Conditional Uses Table 11-1 lists all permitted and conditional uses allowed in the village districts. "P" indicates a permitted use, "C" a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this section of specific development standards that apply to the listed use. a) Combinations of uses. The following use types may be combined on a single parcel: 1) Principal and accessory uses may be combined on a single parcel. 2) Permitted or conditional uses allowed within the district may be combined on a single parcel, provided that a unified and integrated site plan is approved. If one or both of the uses is/are conditional, the entire development must be approved as a conditional use. b) Combination of uses, VMX district. 1) A mixed-use building that combines permitted or conditionally permitted uses may be developed meeting the form standards of this subchapter. c) Non-Residential Uses. 1) On property zoned V-HDR, allowed non-residential uses shall be located on the street level (first floor) only. Such use shall have its primary entrance from the front or side of the building. Table 11-1: Permitted and Conditional Uses, Village Districts V- LDR V- MDR V- HDR VMX Standard Residential Uses Household Living: Single-family detached dwelling P P P P LEC 105.12.820 Two-family dwelling - - P P Single-family attached dwelling - - C C LEC 105.12.820 Multifamily dwelling - - C C LEC 105.12.820 Secondary dwelling P P P P LEC 105.12.820 Live-work unit - - C P LEC 105.12.820 Short-term rental P P P P LEC 105.12.500(f) SECTION 6. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.870 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.870 Permitted, Conditional And Interim Uses Table 14-1 lists all permitted and conditional uses allowed in the commercial areas of the MU-C and MU-BP zoning districts. "P" indicates a permitted use, "C" a conditional use and "I" an interim use. Uses not so indicated are prohibited. Cross-references listed in the table under "Standards" indicate the location within this chapter of specific development standards that apply to the listed use. Combinations of uses. The following use types may be combined on a single parcel. a) Principal and accessory uses. b) Single-family attached or multifamily complexes designed for rental or condominium occupancy, since these typically include multiple units and buildings on a single parcel. c) Other permitted or conditional uses allowed within the district may be combined on a single parcel, provided the city approves a unified and integrated site plan. The city must approve the entire development as a conditional use. d) A mixed-use building that combines permitted or conditionally permitted residential, service, retail and civic uses may be developed meeting the form standards of this section. Office or studio uses on upper stories of such buildings are encouraged. e) Compatible uses. In the event of any question as to the appropriate use type or compatibility of any proposed land use or activity in a mixed-use development, the planning director shall have the authority to determine if the city should consider the use or activity as permitted, conditional or prohibited from a location in a mixed-use zoning district. In making such a determination, the planning director shall consider the operational and physical characteristics of the proposed use or activity in question. In addition, the planning director shall consider the specific requirements of the use in common with those included as permitted or conditional uses in the zoning district. Where a question or conflict arises as to the appropriateness or compatibility of a proposed use or activity, the planning director shall refer the matter to the planning commission. The planning commission shall make a recommendation about the matter to the city council, who shall make the final determination as to whether the city will allow (or not allow) a proposed use; is compatible as a permitted use or as a conditional use; is compatible as an accessory use; or is a use that may be added to a specific mixed-use development within the zoning district. Table 14-1: Permitted, Conditional and Interim Uses, Mixed-Use Commercial and Mixed-Use Business Park Districts MU- C MU- BP Standard Residential Uses Household Living: Single-family detached dwelling P P LEC 105.12.900(a) Single-family attached dwelling P P LEC 105.12.900(b) Multifamily residential dwelling P P LEC 105.12.900(c) Secondary dwelling C C LEC 105.12.900(d) Live-work unit C C LEC 105.12.900(e) Short-term rental P P LEC 105.12.500(f) SECTION 7. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.1040 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.1040 Uses Within Open Space PUDs a) Primary uses. 1. Permitted. a. Single-family, detached; b. Preserved open space; c. Conservation easements; d. Agriculture; e. Suburban farms; f. Private stables; g. Single-family, attached and Townhouses (no more than 25 percent in any development); h. Wayside stand; i. Public parks and trails; and j. Short-term rental 2. Conditionally permitted. None. 3. Interim permitted. None. SECTION 8. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 9. Adoption Date. This Ordinance 2026-___ was adopted on this _____ day of _____________2026, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ ___________________,______________ This Ordinance 2026-___ was published on the _____ day of ___________ 2026. STAFF REPORT DATE: April 13th, 2026 Item#: 4a – Public Hearing Motion TO: Planning Commission FROM: Jason Stopa, Community Development Director & Miranda Moulis, Planning Assistant AGENDA ITEM: Zoning Text Amendment – Short Term Rentals REVIEWED BY: Sophia Jensen, Senior Planner CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Responsive, transparent, adaptive governance ☒ Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: Current city code prohibits the use of short-term rentals (30 days or less) which are not owner-occupied residences. As part of city code housekeeping last year, staff proposed removing the requirement that Bed and Breakfasts (short-term rentals) be owner-occupied. The amendment went before the Planning Commission on January 27th, 2025, and was not recommended for approval. The item was removed from the housekeeping amendment to be further researched by staff. Staff presented their findings to the City Council at their November 12th, 2025, workshop and to the Planning Commission at their December 8th, 2025, meeting for feedback. Councilors were 3-1 in favor of permitting short- term rentals with some restrictions. Commissioners were 4-2 against permitting short-term rentals. Concerns included cost and difficulty of enforcement, negative impacts to safety and character of neighborhoods, and housing market competition. Some benefits include protecting private property rights and adding specific guardrails to City Code to aid in enforcement issues. Councilors and Commissioners discussed potential restrictions including limiting the use by zoning district, requiring parking minimums, and limiting the number of lodging rooms, the number of guests, and the total number of short-term rentals within the City. The topic was briefly discussed during review of the Planning Commission 2026 work plan at the joint workshop on January 13th, 2026. Staff were directed to write an ordinance and bring it to Planning Commission and City Council for a vote. Staff met with Washington County Department of Public Health and Environment, which licenses lodging facilities including short term rentals, to understand and coordinate with their licensing requirements. Staff met with the cities of Stillwater, Cottage Grove, and Maplewood to discuss their experience with permitting short- term rentals. Staff at these cities provided insight into licensing processes, restrictions and requirements, and enforcement issues. Staff at each of these cities confirmed that other than unlicensed properties, noncompliance and complaints are rare. Staff also met with the Washington County Sheriff to discuss their response procedures for nuisance complaints and understand concerns specific to short-term rentals. ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing and make a recommendation to the City Council on the proposed amendments. PROPOSAL DETAILS: The seven code sections listed below are under review. The draft ordinance attached contains the complete language and underlined revisions. • 105.12.110 • 105.12.500 • 105.12.620 • 105.12.710 • 105.12.780 • 105.12.870 • 105.12.1040 PUBLIC HEARING: A public hearing was published in the City’s official newspaper on April 3rd, 2026. No public comment has been received. FISCAL IMPACT: The proposed license fee is $1500 per three year license term. OPTIONS: • Recommend approval of the proposed amendments. • Recommend changes to the proposed amendments. • Recommend denial of the proposed amendments. RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the proposed text amendment as presented by Staff “Motion to recommend approval of the proposed text amendments as presented by Staff” ATTACHMENTS: • Ordinance 2026-XX Draft • Resolution 2026-XX Draft Short Term Rentals Short Term Rentals Planning Commission | April 13th , 2026 Overview Overview Staff introduced a zoning text amendment to the bed and breakfast definition as part of city code housekeeping last year. The amendment went before the Planning Commission on January 27, 2025, and was not recommended for approval. The item was removed from the housekeeping amendment to be further researched by staff. Staff presented their findings to the City Council at their November 12th, 2025 Workshop and the Planning Commission at their December 8th, 2025 meeting for feedback. Staff were directed to write an ordinance and bring it to Planning Commission and City Council for a vote. Current Status Current Status Currently, the City does not allow short -term rentals in any zoning district. The City permits Bed & Breakfasts in most residential and mixed-use districts, provided it meets the minimum standards: •Owner-occupied •Single-family home •The number of lodging rooms does not exceed 5 •May exceed 5 rooms with a Conditional Use Permit •Meets parking requirements •Liability insurance Issue before the Commission Issue before the Commission The Planning Commission is being asked to hold a public hearing and make a recommendation to the City Council on the proposed amendments. Background Background Staff met with: •Washington County Department of Health and Environment •Licenses lodging facilities including short term rentals •Washington County Sheriff Department •Responds to nuisance complaints •The cities of Stillwater, Maplewood, and Cottage Grove •Provided insight on licensing process, restrictions and requirements, and enforcement issues •Other than unlicensed properties, noncompliance and complaints are rare Washington County Washington County Department of Health and Environment licenses all lodging establishments including short term rentals. Inspections •Staff perform inspections every two years, or every year if the property has a pool •Inspect for health and safety (pools, wells, septic, bedrooms) Violations/Enforcement •Works with property owner to get them into compliance with County requirements. •Does not enforce local ordinances Washington County Sheriff Works with cities to respond to nuisance complaints. Stillwater Licensing •New licenses approved by City Council on consent agenda. Renewals approved by staff. •Requires a local property manager. •Capped at 50 outside downtown. Inspections •Inspected every three years by the Building Department. R-1/R-3 Occupancy •Stillwater seems to be the only city which distinguishes short-term rentals by occupancy type. Enforcement •Three-strikes rule for revoking a license. •Staff estimate they get about 4 complaints a year. •Have never had to revoke a license. Maplewood Licensing •Does not distinguish between long-and short-term rentals. •New licenses approved by staff. •Does not limit by zoning or number of bedrooms. Inspections •Inspected every year or every three years depending on need. Enforcement •Utilizes administrative citations to enforce code. •Staff estimate they’ve received about three complaints in four years. Cottage Grove Licensing •Does not distinguish between long-and short-term rentals. •New and renewal licenses approved by City Council on consent agenda. •Requires a local property manager. Inspections •Inspected every two years by Code Enforcement. Enforcement •Staff estimate they receive one complaint every couple years. •Have never had to write a compliance letter, except for unlicensed properties. Proposed Language Proposed Language Definition: Short-term rental (STR) means the use of a dwelling unit, or any portion thereof, rented for a period of at least one night and less than 30 consecutive days. Each short-term rental is limited to a total of five guest rooms and 10 guests. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated separately are not considered to be short-term rentals. Proposed Language Proposed Language License Standards: •Licenses are required for all short-term rentals. •An applicant must provide 24-hour contact information for the owner and at least one manager (if different from the owner)who must be local. •The license term is three years. •A rental property must be inspected by the Building Department. Proposed Language Proposed Language License Standards: •The number of licenses approved in the City shall be capped at 20. •Homeowners’associations must opt-in prior to the City approving a license in that neighborhood. •Short term rentals shall be permitted in all residential zoning districts. •Short term rentals must provide at least one parking space per bedroom,but are not required to provide more than four parking spaces. •The number of lodging rooms may not exceed five. •The licensee must ensure that the property is maintained in compliance with all city ordinances and state and federal laws. Proposed Language Proposed Language Reasons for denial,suspension,or revocation of license: •Three substantiated and relevant complaints or violations within a 12- month period. •The property does not comply with health,building,maintenance,or other provisions of City Code or state law. •Failure to pay fees. •Fraudulent statements/information. •Breach of peace upon recommendation of the sheriff. •Actions unauthorized or beyond the scope of the license granted. Proposed Language Proposed Language Reasons for denial,suspension,or revocation of license,continued: •Another license is revoked in Lake Elmo or another jurisdiction. •Failure to schedule or allow inspections. •Failure to comply with all conditions of the license. •Delinquent taxes. •Failure to pursue the removal of guests who have violated City Code. •Failure to cooperate with the City in identifying individuals with a right to occupy the property. •Other good cause as determined by the City Council Public Comment Public Comment A public hearing was published in the City’s official newspaper on April 3rd,2026.Staff did not receive comments. Recommended Motion Recommended Motion Staff recommend that the Planning Commission hold a public hearing for this item and consider the following recommendation to the City Council for approval: “Move to recommend approval of the proposed text amendments as presented by Staff” Highpointe Crossing Preliminary Plat, Rezone, and Variances Planning Commission| April 13 th 2026 Overview City Approved Preliminary Plat and OP PUD in September 2024 •1 existing homestead •65 Residential Units (Open Space PUD) Land Area: •78.2 gross acres •6 wetlands (2.58 ac) Infrastructure •City Water •Communal Septic •Public Sewer •Individual Treatment •Imperial Avenue N. Alternatives Reviewed Summer 2025, Concept Reviewed Winter 2026 Overview Applicant: Rachel Development Owner: Eberhard Trust Location: PID# 21.029.21.32.0001 Area: 78.2 acres Current Zoning: Rural Residential (RR) Proposed Zoning: Residential Estate (RE) 2040 Comprehensive Plan: Rural Single Family (RSF) Request: 18-unit single family detached development (Gross Density 0.23 units/acre) Land Use Applications: Preliminary Plat, Rezone, Variances Lake Elmo Heights Torre Pines Plat Land Use Analysis Zoning Map (RR with RE Proposed)FLU Map (RSF) Variances 1.Front Yard Setback on Existing Farmstead 2.Landscaping (from 5 to ~3 trees per disturbed acre) 3.Sidewalk Requirement Preliminary Plat Review •Land Use/Zoning •Bulk Standards •Tree Preservation/Landscaping •Grading/Stormwater/Wetland Impacts •Public Infrastructure (streets, access, utilities) •Parkland Dedication Standards (105.12.630)RE Requirement:As Proposed Minimum Lot Area 2.5 ac 2.56 to 5.21 ac 3.59 ac average Minimum Lot Width NA NA Max Impervious Cover 15% per lot 15% Buildable Lot Area (no floodplain or easements) 1.25 ac 1.80 to 4.62 ac 2.61 ac average Lot Shape 250’ diameter/ max. 3:1 lot length/width ratio All lots meet requirement Minimum Setback - Front 100 feet 100’ (Front yard variance requested for existing home) Minimum Setback - Side 50 feet 50’ Minimum Setback - Corner 80 feet 80’ Minimum Setback - Rear 100 feet 100’ Maximum Height 35 feet Not provided Driveway Setback from intersection 50 feet from r-o-w 50+ feet from r-o-w Driveway setback from side lot line 5 feet Driveway locations/widths not provided Driveway Width 12-26 feet Driveway locations/widths not provided Wetlands •Preservation of 5 out of 6 wetlands •De minimis removal of wetland 6 (.02 acres or ~800 sq ft) •Wetlands and buffers to stay within private lots. Buffer signage required Traffic/Access/Parking •Required road connection made, with one conforming cul de sac •City Council approval of construction with rural road section •No sidewalks proposed – Council supportive of flexibility •Turn Lane required on Inwood •Adequate parking on private lots anticipated Stormwater •3 storm ponds and 2 basins on public outlots •Challenging topography •Engineering Review to Address Stormwater Impacts from outfalls Other Review Considerations Parkland Dedication Development creates demand on parks and trails. Adjacent Parks: •Lake Elmo Park Reserve Trail Connections: •None Review Comments The application has been circulated for comments. Below is a summary of the comments received. Conditions of approval have been added where applicable. •Fire Chief Review. The City’s Fire Chief provided a comment memo dated 3/24/2026 which details a comment on emergency access, signage, hydrants, addressing, and street naming. •Valley Branch Watershed District. A permit from VBWD will be required before any work can begin on site. •Landscape Architect Memo. LSA Memo dated 3/24/2026. Plans require revisions and/or modifications to comply with City Standards prior to acceptance by the City with Variance. •Engineering Review. Engineering review memo dated 3/24/2026 requires plan revisions, suggested condition for approval. Findings - Rezoning As per LEC 105.12.280, the "city council may adopt amendments to the zoning ordinance and zoning map in relation to land uses within a particular district or to the location of a district line. Such amendments shall be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan.” When evaluating a rezoning request, the Planning Commission and City Council must find the request consistent with the current city comprehensive land use plan. Staff find that the proposed RE district is consistent with the Rural Single Family land use classification. Findings - Variances Farmstead Front Yard Setback 1.Practical difficulties. The strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property. There is an existing house on the property that is already nonconforming. The need for the variance is due to the dedication of additional right-of-way for the existing county road. 2.Unique circumstances. The existing house on the property was built in 1925. The need for the variance is due to the dedication of additional right-of-way for the existing county road. 3.Character of locality. The house in question has been located on this site since 1925. There is no change in the character. 4.Adjacent properties and traffic. This variance will not impact the supply of light and air to the adjacent property, or increase traffic on the public streets. Findings - Variances Total Landscaping Per Disturbed Acre Requirement 1.Practical difficulties. The request by the developer to reduce the overall number of tees is not based on site specific criteria. The property is being used in a reasonable manner, however, the site has sufficient area to allow for a development to meet the City’s landscaping requirements. 2.Unique circumstances. Circumstances are not present on this site that would otherwise limit the planting of new trees. Proposed rural lots have sufficient area for the location of the required tree plantings. 3.Character of locality. Approval of the proposed variance will result in a development with fewer trees per disturbed area than other new developments in Lake Elmo. In this way, the development will alter the character of the locality. 4.Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets. The number of trees planted will not reflect other new developments and could have an adverse impact on surrounding properties or their value. Findings - Variances Sidewalk Requirement (Subdivision Ord. Variance Criteria) 1.The property owner proposes to use the property in a reasonable manner. The design of the development is consistent with the other provisions of this ordinance. 2.The proposed development is a rural development with large lots. Sidewalks are not a common element in rural developments. 3.The variance, if granted, will not alter the essential character of the locality. There are no sidewalks located in the adjacent Lake Elmo developments. Findings Preliminary Plat Staff recommends approval of the Preliminary Plat based on the following findings: 1.The preliminary plat is consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area. 2.The preliminary plat generally complies with the City’s Subdivision regulations and does not meet the criteria for denial in Section 103.00.090 (d)(2). 3.The preliminary plat generally complies with the City’s Zoning Code with the exceptions provided for in requested variances. 4.The preliminary plat generally complies with the City’s design standards. 14 Conditions for Approval Satisfaction of Staff review memos: •City Engineer •Fire Chief •Landscape Architect Standard conditions for Preliminary Plat Requests: •Agreements, fees, permits, additional reviews Unique conditions for Preliminary Plat Request: •Cash In Lieu for trees not planted •Wetland buffer signage Public Hearing Mailed to Property Owners within 500’ and pushed on April 3, 2026. The Notice was published in the Stillwater Gazette on April 3, 2026. General public comments as summarized Recommendation “Move to recommend the City Council approve the rezoning, preliminary plat, and variances requested by Rachel Development for the Highpointe Crossing project based on the findings of fact and recommended conditions of approval listed in the staff report.” “Move to recommend the City Council deny the variance for disturbed acre plantings requested by Rachel Development on the subject property based on the findings of fact listed in the staff report.” STAFF REPORT DATE: April 13th 2026 4b REGULAR TO: Lake Elmo Planning Commission FROM: Nathan Fuerst, Consulting Planner, Bolton & Menk Jane Kansier, Consulting Planner, Bolton & Menk AGENDA ITEM: Preliminary Plat, Rezoning, and Variances – Highpointe Crossing REVIEWED BY: Jason Stopa, Community Development Director Sophia Jensen, Senior City Planner CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☒ Responsive, transparent, adaptive governance ☒ Managed Growth ☒ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☒ Resilient Infrastructure BACKGROUND: Rachel Development is requesting Preliminary Plat and variance approval for an 18-unit development on approximately 80 acres of land. The project is to be called Highpointe Crossing and is located West of Inwood Avenue between the Lake Elmo Heights and Torre Pines developments. The developer is requesting flexibility to several zoning standards by way of a variance application. This project first received approval for an Open Space Planned Unit Development and preliminary plat in September of 2024 following several concept plan reviews by the City’s staff and Council. After the initial approval, the Developer’s consultants conducted further soil testing and investigations and confirmed the site cannot support a communal wastewater treatment system while meeting state permitting criteria. In 2025, the Developer applied to amend the City’s Comprehensive Plan to include this property in the Metropolitan Urban Service Area (MUSA), and to extend public sewer service to serve the site. While reviewing this request, the Met Council determined there was a potential sewer capacity constraint in the downstream Met Council infrastructure that would require further evaluation and a potential upgrade before the Met Council could support a MUSA expansion. A MUSA expansion for this property would likely be available, if needed, once Met Council upgrades are fully completed in the next 3-5 years. The Developer subsequently withdrew the Comprehensive Plan Amendment application in January, 2026. The Developer recently submitted a revised preliminary plat for a rural development with 18 single family homes on the nearly 80 acre site. This proposal includes a request to rezone the property to the Residential Estate (RE) district. This memo and those attached provide an assessment about conformance with the City’s requirements and policies. ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission should review and make a recommendation to the City Council on the Preliminary Plat, rezoning, and requested variances. PROPOSAL DETAILS/ANALYSIS: Applicant: Rachel Development, Inc., Paul Robinson, Development Director Property Owner: Allan Eberhard, Trustee of Caroline M. Eberhard Trust Location: 2298 Inwood Ave, N. (PID# 21.029.21.32.0001) Request: Preliminary Plat, Rezoning, Variances Deadline: Application Complete – 2/26/26 120 Day Deadline – 6/27/2026 Applicable Code Title 103 – Subdivision Regulations Article XI – Rural Districts Site Data. The City’s calculation of net density is consistent with the Metropolitan Council. Total Site Area 78.240 acres Net Acreage 73.786 acres Wet Area 2.648 acres Right-of-Way (R/W) Number of Units 1.806 acres 18 single family units Net Density Gross Density 0.244 units/acre 0.230 units/acre Environmental Review. Due to the number of unattached residential units, this project does not trigger a mandatory Environmental Assessment Worksheet under Minnesota Rules 4410.4300. Land Use. Comprehensive Plan: This development site has a somewhat unique future land use classification of Rural Single Family. This land use classification permits residential densities between 0.1 and 2.0 units per acre. The resulting range of single- family projects is quite wide. At a net density of .244 units per acre, this project would conform with the City’s Comprehensive Plan. Zoning: The site is zoned Rural Residential (RR). Because a final plat for the Highpointe Crossing OP PUD was never approved, the PUD zoning is not applied. The Applicant is requesting a change from Rural Residential (RR) to Residential Estate (RE). The (RE) zoning designation would allow for the plat’s land use and density to be in line with the zoning code’s standards. Both the Lake Elmo Heights development to the north and Torre Pines development to the south are zoned RE. The RE district is far less dense than the neighboring Single Family area to the west in the City of Oakdale and a more intense lend use than the Lake Elmo Park Reserve to the east. Staff therefore find the proposed zoning district to be generally consistent with surrounding development. Bulk Standards. Cells in the ‘As Proposed’ cells shaded in green indicate a deviation from City Code. Standards (105.12.630) RE Requirement: As Proposed Minimum Lot Area 2.5 ac 2.56 to 5.21 ac 3.59 ac average Minimum Lot Width NA NA Max Impervious Cover 15% per lot 15% Buildable Lot Area (no floodplain or easements) 1.25 ac 1.80 to 4.62 ac 2.61 ac average Lot Shape 250’ diameter/ max. 3:1 lot length/width ratio All lots meet requirement Minimum Setback - Front 100 feet 100’ (Front yard variance requested for existing home) Minimum Setback - Side 50 feet 50’ Minimum Setback - Corner 80 feet 80’ Minimum Setback - Rear 100 feet 100’ Maximum Height 35 feet Not provided Driveway Setback from intersection 50 feet from r-o-w 50+ feet from r-o-w Driveway setback from side lot line 5 feet Driveway locations/widths not provided Driveway Width 12-26 feet Driveway locations/widths not provided Lot Configuration. All 18 lots appear to meet the City’s bulk standards for area and width, including the unique requirements found in rural districts for a 250’ diameter circle to fit in the lot. In addition to this, the lots appear consistent with city standards for subdivisions found in section 103.00.140. Design and development standards. Specific standards are created for rural developments by City Code Sec. 105.12.650. This development is anticipated to meet applicable standards for dwelling area, on-site sewage treatment (SSTS) systems, and vehicle parking. City code contains minimal requirements for design and building materials on single family dwellings, particularly in rural development. The resulting single family homes are anticipated to exceed applicable design standards. Subdivision Signs. Section 105.12.430 allows one (1) subdivision sign for this residential development with a maximum sign area of 32 sq. ft. which must be set back at least 10 feet from the right of way. No signage appears to be detailed on the plans. If proposed, signage must conform to City standards. The Developer’s narrative indicate a subdivision sign will be proposed and shown on the final plans. Landscaping and Tree Preservation. A tree preservation plan was submitted and reviewed by the City’s Landscape Architect. Per the City Landscape Architect’s Memo, the proposed plans require revisions to comply with City Standards prior to acceptance by the City. The Applicant has requested flexibility related to disturbed area or tree planting requirements standards. The ordinance requires the developer plant a minimum of 5 trees per disturbed acre. The Developer is requesting a variance to this requirement, and is asking instead to plant 3 trees per lot. Wetlands. There are 6 wetlands on the development site. Of those, 5 will be preserved through the proposed development layout. There is one very small wetland (#6) comprising .02 acres which is proposed for de minimis removal. This has been approved by the Valley Branch Watershed District. Wetland buffer averaging is proposed around the remaining wetlands. Staff recommend that wetland buffer signage be located on the lots containing a wetland and a required wetland buffer. Parking and Driveways. Section 105.12.650 requires two interior spaces per dwelling unit, and two exterior spaces outside of the side yard setback for the principal structure. This is more restrictive than the standard in Section 105.12.410 and is therefore the requirement. The home sites appear to accommodate this standard. The homes will have two or more enclosed stalls with driveways that accommodate additional parking, likely exceeding 2 spaces per lot. Given the width of the right of way, parking will be limited to one side of the street. Section 9.16.090 details driveway requirements. Driveways must be at least 5 feet from property side yards and must be between 12 and 26 feet in width. Driveways are not shown on the project plans, and locations cannot be verified. As such, driveways must conform to all City standards including location, grade, and surface, when proposed. Access. The roadway proposed for this development is a public street, and extends the stub of Imperial Avenue North in the Lake Elmo Heights 3rd Addition to the south and west to Inwood Avenue North. A cul-de-sac on the south side of Imperial Avenue North, called Imperial Court, provides access to six of the proposed lots. Traffic. Inwood Avenue is a collector street and designed to carry large traffic volumes. Washington County has noted turn lanes will be required as part of this development. A Traffic Impact Report was prepared for the previously approved 65-lot preliminary plat. The Developer has not submitted a new Traffic Impact Report at this time although any impacts would be less than any anticipated for the previous plan. Parks. §103.00.150 Park Land Dedication Requirements. The City Code requires that the project provide a minimum of at least 5% of the land for parks, or a cash in lieu fee using the estimated fair market value of the property. The City’s Parks Commission reviewed the concept plan for this development on February 18th 2026, and provided a recommendation for cash in lieu given the close proximity to Lake Elmo Park Reserve. Stormwater. The Developer has supplied plans showing 3 new City Owned stormwater ponds and two filtration basins. The proposed ponds treat stormwater where water typically leaves the site, and utilizes existing drainageways. Revised plans and details on the stormwater system will be required in future submittals to the satisfaction of the City Engineer consistent with their memo. REVIEW COMMENTS: Conditions of approval for addressing agency review memos has been added to the recommendations. Fire Chief Review. The City’s Fire Chief provided a comment memo dated 3/24/2026 which includes comments on emergency access, signage, hydrants, addressing, and street naming. Valley Branch Watershed District. This property is located within Valley Branch Watershed District. The Applicant will be required to follow watershed rules and permitting requirements. A permit from VBWD will be required before any work can begin on site. A permit was received by VBWD on March 17, 2026 and review is ongoing. Engineering Review. This project has been reviewed by the City Engineer for conformance with the City’s Engineering Design Standards Manual. Detailed comments relating to the review are included in the Engineer’s memo dated 3/24/2026. The City Engineer is recommending that if approved, the development fully address all City Engineering comments. Key comments are summarized below: • Revisions are required to the Preliminary Plat, Grading, Streets, Utilities, Storm Sewer, Water, and Individual Subsurface Sewage Treatment plans in order to bring them into compliance with City Standards. Landscape Architect Memo. The City’s Landscape Architect has provided a memo dated 3/31/26 reviewing the tree preservation and landscape plans submitted by the applicant. The plans set must be revised and/or modified to meet City Standards. Notably, a black cherry tree in contention for the state record may be present on site, this tree is currently impacted by grading and stormwater improvements. Several key comments are summarized below: • Revisions are required to the Tree Preservation Plan to account for proposed removals, to accurately classify trees, and to recalculate replacement requirements. • Revisions are required to the Landscape Plan to meet City Code requirements related to ground cover, species composition, and total number of trees required. REVIEW OF VARIANCES The Developer has requested certain flexibilities for this project through variances to City Code. Variance reviews are subject to Lake Elmo City Code and Statutory criteria. The following summary is intended to provide a consolidated review of the flexibilities requested by the developer. • Setbacks for Farmstead Residence – Per LEC 105.12.630 the minimum front yard setback is 100 feet from the road right-of-way. The existing farmhouse is located approximately 75’ from the centerline of Inwood Avenue (CSAH 13). With the dedication of an additional right-of-way, the house will be located approximately 20’ from the new Inwood Avenue right-of-way. The Developer is requesting a variance to the front yard setback in order to keep the existing house. • Landscaping Per Disturbed Acre – Per LEC 105.12.480(c,2) a minimum of five trees shall be planted for every one acre of land that is disturbed by development activity. The Developer is requesting a variance to this provision, and is proposing to plant 3 trees per lot. The Developer notes the required standard is less onerous in typical urban development of 2-4 units per acre, which generally results in a maximum of 2.5 trees per home. Because the proposed lots are much larger than urban lots, the Developer would rather the builder and homeowner decide where to plant these trees. • Sidewalk on one side of street – Per LEC 103.00.140(j,5) sidewalks are required on one side of all streets. The Developer is not proposing to include sidewalks on any of the new streets, so a variance to this requirement is needed. RECOMENDED FINDINGS Rezoning. As per LEC 105.12.280, the "city council may adopt amendments to the zoning ordinance and zoning map in relation to land uses within a particular district or to the location of a district line. Such amendments shall be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan.” When evaluating a rezoning request, the Planning Commission and City Council must find the request consistent with the current city comprehensive land use plan. Staff find that the proposed RE district is consistent with the Rural Single Family land use classification. Variances. As per LEC 105.12.320(f), any action taken to approve or deny a variance request to the provisions of the Zoning Ordinance shall be based on the listed findings. Staff has provided recommendations for each of the requested variances. Setbacks for Farmstead Residence: Staff recommends approval of this request based on the following findings: (1) Practical difficulties. The strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property. There is an existing house on the property that is already nonconforming. The need for the variance is due to the dedication of additional right-of-way for the existing county road. (2) Unique circumstances. The existing house on the property was built in 1925. The need for the variance is due to the dedication of additional right-of-way for the existing county road. (3) Character of locality. The house in question has been located on this site since 1925. There is no change in the character. (4) Adjacent properties and traffic. This variance will not impact the supply of light and air to the adjacent property, or increase traffic on the public streets. Landscaping per Disturbed Acre: Staff recommends that the City deny the variance request from the total number of trees, this would result in an added 45 trees in the development to meet the 5 trees per disturbed acre requirement. The variance denial could be based on the following findings: (1) Practical difficulties. The request by the developer to reduce the overall number of tees is not based on site specific criteria. The property is being used in a reasonable manner, however, the site has sufficient area to allow for a development to meet the City’s landscaping requirements. (2) Unique circumstances. Circumstances are not present on this site that would otherwise limit the planting of new trees. Proposed rural lots have sufficient area for the location of the required tree plantings. (3) Character of locality. Approval of the proposed variance will result in a development with fewer trees per disturbed area than other new developments in Lake Elmo. In this way, the development will alter the character of the locality. (4) Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets. The number of trees planted will not reflect other new developments and could have an adverse impact on surrounding properties or their value. Sidewalk on one side of street: Variances to the provisions of the Subdivision Ordinance must meet the criteria listed in LEC 103.00.110 (c). Staff recommend approval of this request based on the following findings: (1) The property owner proposes to use the property in a reasonable manner. The design of the development is consistent with the other provisions of this ordinance. (2) The proposed development is a rural development with large lots. Sidewalks are not a common element in rural developments. (3) The variance, if granted, will not alter the essential character of the locality. There are no sidewalks located in the adjacent Lake Elmo developments. Preliminary Plat. Staff recommends approval of the Preliminary Plat based on the following findings: 1. The preliminary plat is consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area. 2. The preliminary plat generally complies with the City’s Subdivision regulations and does not meet the criteria for denial in Section 103.00.090 (d)(2). 3. The preliminary plat generally complies with the City’s Zoning Code with the exceptions provided for in requested variances. 4. The preliminary plat generally complies with the City’s design standards. RECOMMENDED CONDITIONS OF APPROVAL: Staff recommends approval of the Preliminary Plat with the following conditions: 1. Prior to the City finding any application for a final plat complete, the applicant shall fully address all comments in the following review memos to the satisfaction of the City: a. City Engineer’s memo dated 3/24/2026 b. City Landscape Architect’s memo dated 3/31/2026 c. City Fire Chief’s memo dated 3/24/2026 2. Prior to the City finding any application for a final plat complete, the applicant shall fully address any changes to the plans that may be required by the approval or denial of any requested variances. 3. Prior to the City finding any application for final plat complete, the applicant shall demonstrate that the plans reflect compliance with Valley Branch Watershed (VBWD) review requirements and that the applicant provide the City evidence that all conditions attached to a VBWD permit will be met before the starting any grading activity on the site. 4. The applicant shall obtain all necessary permits including but not limited to all applicable City permits (building, grading, sign, etc.), Washington County ISTS permits, NPDES/SWPPP permits and Valley Branch Watershed District approval before starting any grading or construction activities. 5. Wetland buffer signage in the City’s standard form shall be placed on all lots with wetland buffer areas. 6. The applicant/developer is responsible for a cash in lieu fee to cover all trees not planted but required by the City’s Ordinance. 7. The applicant/developer is responsible, at their own expense, for installing all required right of way and pedestrian improvements. 8. Storm water ponds shall be placed on separate outlots and conveyed to the City through a warranty deed in a form acceptable to the City. 9. The applicant/developer shall provide the City a fee in lieu of park land dedication as required by Section 103.00.150 to be paid prior to recording of the final plat. 10. All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat before the execution of the final plat by City Officials. 11. If necessary, the applicant shall provide the City with a copy of written permission for any off-site grading work and storm sewer discharges to adjacent properties before starting any site work, grading and as part of any final plat application. 12. If applicable, a storm water maintenance and easement agreement in a form acceptable to the City shall be executed and recorded with the final plat. 13. Before the execution and recording of a final plat for the development, the developer or applicant shall enter into a Developer’s Agreement or a Site Work Agreement with the City. Such an Agreement must be approved by the City Attorney and by the City Council. The Agreement shall delineate who is responsible for the design, construction and payment for the required improvements with financial guarantees therefore. 14. The applicant or developer shall enter into a separate grading agreement with the City before starting any grading activity in advance of final plat approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document the extent of any proposed grading on the site. FISCAL IMPACT: Approval of the Rezoning, Preliminary Plat, and Variances grant entitlements to a developer. Therefore, there would be no fiscal impact to the City at this time. When the property begins to develop, it will have municipal water service and will pay water connection charges, building permit fees, and the like. PUBLIC HEARING: A public hearing was posted in the Stillwater Gazette on April 3rd, 2026, and a notice was mailed to property owners within 500’ of the outermost property boundaries on March 30th, 2026. It was also added to the City’s Push Notification list. At the time of writing this report, no comments have been received by the City on the requests. OPTIONS: 1. Approve the preliminary plat and requested variances; or 2. Approve the preliminary plat and two of three variances with conditions as recommended by staff; or 3. Deny the preliminary plat and requested variances. RECOMMENDATION: Based on the above review, City staff find the proposal to be generally in line with the City’s adopted ordinances and policies. Staff is therefore recommending conditional approval of the preliminary plat, setback and sidewalk variances, and rezoning. Example Motion: “Move to recommend the City Council approve the rezoning, preliminary plat, and setback and sidewalk variances requested by Rachel Development on the subject property based on the findings of fact and recommended conditions of approval listed in the staff report.” Staff finds that the number of disturbed acre plantings does not meet the required criteria for approval of a variance and therefore recommend denial with the findings in this report. Example Motion: “Move to recommend the City Council deny the variance for disturbed acre plantings requested by Rachel Development on the subject property based on the findings of fact listed in the staff report.” ATTACHMENTS: 1. Application and Narrative 2. Preliminary Plat Plans 3. Engineer Memo 3/24/2026 4. Fire Dept Memo 3/24/2026 5. LSA Memo 3/31/2026 4180 Napier Ct NE Michael, MN 55376 Office: 763.424.1500 www.racheldevelopment.com Highpointe Crossing - 2298 Inwood Ave N – Preliminary Plat/PUD Narrative To: City of Lake Elmo From: Rachel Development, Paul Robinson – Development Director Date: 2-26-26, updated 3-10-26 A - Submittal Documents: 1. Narrative 2. Preliminary Plat Application 3. Rezoning Application 4. Preliminary Plat Application Plans o Site Plan o Certificate of Survey/ Existing Conditions o Preliminary Plat o Tree Preservation Plan o Landscape Plan 5. Preliminary Construction Plans o Title Sheet o CR 13 Turning Lanes o Street and Watermain Plans o Storm Plan o Grading Plan o Erosion Control Plan o City Detail Plates 6. Stormwater Management Plan - Narrative and Supporting Data/Calculations 7. SSTS - Soil Borings and Pit Data 8. SSTS – Soil Boring and Pit Map 9. Traffic Memo 10. Letter from Washington County re: Septic Systems 11. Wetland Delineation Report 12. Notice of Decision - Wetland Delineation - Valley Branch Watershed District 13. Notice of Decision - De-minimis Wetland Impact - VBWD 14. Soil Boring Report – Braun 15. Mailing Labels - from Washington County Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 2 2 B - Development Property: • Owner o Caroline M Eberhard Trust - Allan Eberhard is the Trustee. • Applicant o Rachel Development – Paul Robinson, Development Director • Property o Address – 2298 Inwood Ave N, Lake Elmo Mn 55042 o Current Zoning – Rural Residential (RR) o Current Land Use Plan Guiding – Rural Single Family (RSF) C – Development Team and Land Seller • Engineer, Sathre Bergquist – Bob Molstad • Surveyor, Sather Bergquist – Colyn Tvete • Wetland Consultant, Kjolhaug Environmental - Melissa Barrett • Traffic Engineer, S2 Traffic Solutions - Vernon Swing • Landscape Architect, Pioneer Engineering – Jenni Thompson • Attorney, Larken Hoffman - Ryan Boe Eberhard Property 2298 Inwood Ave Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 3 3 D - Introduction: After a couple different plans we hope we have landed on a plan that can succeed with the City approvals as well as in the marketplace. The is a simple Residential Estate rural lot plan with City water, rural roads and individual septic systems. D - Property Facts • PID # 2102921320001 • Gross Acres 78.24 • Wetlands Acres (2.58) Net Acres 75.66 E - Background At the October 17, 2025, City Council meeting, we discussed alternatives to the previously approved 65- lot plan for the property, for which sanitary sewer service was being pursued. Two rural, large-lot alternatives were presented: an 11-lot plan and a 30-lot plan. During that discussion, the Council indicated a preference for the lower-density, 11 Lot concept. I explained at the time that implementing that plan would require several exceptions to City code and policies, including the use of private wells instead of City water and shared private driveways in lieu of a Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 4 4 City roadway. Following the meeting, we met with City staff and came to understand that obtaining some of those exceptions would likely be challenging and time consuming. As a result, we reevaluated the project and shifted our focus to using the City’s existing Residential Estate zoning district. The Residential Estate district is one of the two zoning districts identified in the Comprehensive Plan that were later combined into the Rural Single Family land use category that guides this property. This zoning district was also used for the two adjacent developments and aligns with what both the Planning Commission and neighboring residents have indicated is their preferred development pattern. While it appears that Residential Estate zoning has not been used since 2007-9, it remains an adopted zoning district and provides a clear and predictable framework for moving forward. Unlike the earlier OP-PUD plan, we proactively identified suitable septic locations on each lot and submitted them to the County for approval. That approval letter is attached in Exhibit B. Our proposal still requires some minor zoning flexibilities. Most of these flexibilities or exceptions were reviewed with the concept plan review by the City Council at their February 18, 2026, City Council Meeting. These are also reviewed later in this narrative. F – Preliminary Plat Data 1. Basic Facts a. Acres i. Gross Acres 78.24 ii. ROW (Interior) 5.13 iii. ROW (Inwood) 2.23 iv. Lotted Area 64 .70 v. Ponding Outlots 6.18 b. 18 Lots (including one lot with existing homestead) c. Gross Density - 0.23 units/acre d. Average Density – 78/18 = 4.34 acres/unit (exceeds the 3.3 acres/unit required by Residential Estate) Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 5 5 G - Comprehensive Plan As mentioned in the background section above the property we are developing is guided Residential Single Family (RSF). This land use combines Rural Single Family and Residential Estate land uses. We have been told that the City intended to create a new zoning district to best fit this guiding but that never happened. We tried using the OP-PUD but could ultimately not get a community septic system approved by the state so now we are following the Residential Estate zoning which is at the lower end of the density range allowed within RSF. The allowed density range within RSF is 0.1 to 2.0 units per acre. Our proposal is 0.25 units per acre. H - Zoning The property is currently zoned Rural Residential. We are requesting a rezoning to Residential Estate Zoning. I - Residential Estate Lot Standards Our Preliminary Plat complies with all of the Residential Estate Zoning Standards with one minor exception for the existing farmstead and garage where a front yard setback variance is needed. The lot standards are listed on the following page. Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 6 6 1. Setbacks - Home a. Front 100’ b. Rear 100’ c. Side 50’ d. Side (Public Street) – 80’ 2. Setback – Accessory Structure a. Front 100’ b. Rear 15’ c. Side 15’ d. Side (Public Street) – 30’ 3. Minimum Lot Area - 2.5 acres a. Average Density - 3.3 overall average (proposed 4.3 acres/unit) b. Other Code requirements i. 3:1- Lot depth to lot width (ex. 200’ wide lots can be 600’ deep). All of the lots meet this criterion when length is measured at the middle of the lot and width at the front setback. Table provided on sheet PP6 ii. 1.25 ac of upland area – Each lot is required to have at least 1.25 acres outside of the floodplain and drainage and utility easement. This is also shown on sheet PP6. 4. Maximum Impervious Coverage - 15% 5. 250 Radius a. 250’ radius needs to fit inside each lot (shown on pre-plat plan PP6) 6. 3:1 Length to Width Ratio a. Lot depth to lot width (ex. 200’ wide lots can be 600’ deep). All of the lots meet this criterion when length is measured at the middle of the lot and width at the front setback. Table provided on sheet PP6 7. Minimum Upland Area (not inc. D & U areas) - 1.25 ac of upland area – Each lot is required to have at least 1.25 acres outside of the floodplain and drainage and utility easement. The smallest amount of area that meets this criterion is on Lot 12, Block 1, which has 1.96 acres of upland area outside the D & U. This far exceeds the minimum as do the remainder of the lots. This is also shown on sheet PP6. Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 7 7 J - Development Plan Details – Grading, Utilities, and Streets 1. Site Grading Site grading will consist of grading the proposed stormwater ponds and roadway first, a few of the proposed house pads will be graded to get the site to balance on-site. The on-site cut is +/- 41,500 cy. The proposed graded area is +/- 21 acres. With the construction of 17 or 18 new homes we are estimating +/- 29 acres of disturbance. (29/78.24 = 37% of the site) 2. Watermain Plans include a watermain connection from Inwood to Imperial. Our plans also include a pressure reducing value at the connection by Lake Elmo Heights. As discussed with the City Council we are specifying the pipe material as PVC and final specifications will be provided with the final construction plans. 3. Storm Water Treatment We have completed a storm water management plan and will be working with Valley Branch Watershed District (VBWD) on their review. Our plan addressed a number of comments raised by the City as well as VBWD. As the code requires, we are treating water in every location where the water leaves our site currently and we are utilizing those existing drainageways. According to our soils report from Braun Intertec the soils on site are not conducive to infiltration basins therefore we are only showing filtration basins and have followed the appropriate treatment guide per the VBWD rules. We have used the City and County data to locate and show adjacent off-site septic drain fields and have located them generally on the plans. 4. Roadway a. City Roadways (Imperial) - We are using the City standard 804 for rural roadways. That will include 2’ concrete ribbon curb and 24’ of asphalt for a 28’ wide road in a 70’ ROW. The 70’ ROW will encompass the entire ditch section. We can adjust the ROW if the City would like the ROW to end at the ditch bottom if desired. b. County Roadway (Inwood) - County sent City a letter with their comments on the concept plan. They would like full turn lanes installed. They are ok leaving the existing farmstead driveway. We are complying with their requests. c. Traffic – A new traffic generation report was not completed for this development. However, we have included the generation study done for the previously approved 65 lot preliminary plat. Logic would tell you that since we reduced the number of units by Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 8 8 73% the total trip generation will be reduced by that amount as well. Under the 65 lot plan the trips per day total was 669 per day 27% of that total is 180 trips per day. d. Connection to Imperial – It is our understanding the City is rebuilding Imperial Ave this summer. We would respectfully request the temporary cul-de-sac adjacent to our development not be reconstructed as a cul-de-sac but as a typical street section and that we coordinate this connection to our development. Why build a new cul-de-sac only to tear it out a couple months later. 5. Septic We have completed the required initial testing for both primary and secondary areas. The County has issued their preliminary approval. This letter is included with our submittal. As a part of their approval process, the County asks for a 10,000 sf area of suitable soils. According to the County this more than exceeds the area needed for primary and secondary septic drain field areas, they no longer require showing two separate areas as referenced in the City’s ordinances. a. Setbacks to treatment areas follow county and state setbacks and rules i. 10’ to property lines ii. 10’ to watermains iii. 10’ to occupied buildings iv. 75’ to wetland or unclassified body of water (this does not include storm water ponds). There was an initial comment from staff about a required setback to storm water ponds. None are required by the state or county. A response regarding it was sent to the City staff with our concept review. b. City Setback and Other Rules i. The City has a 35’ setback to infiltration basins and so does guidance from the Mn Storm Water Manual. During our sketch plan review the City asked if we would follow the 35‘ setback for all storm water best management practices (BMP) and we agreed to voluntarily modify our plans to provide 35’. Those changes have been incorporated into the Preliminary Plat . c. Future Final Septic Design Approval i. The methodology used for the initial County approval is meant to show that at the time of platting a lot there is enough area on the lot to accommodate primary and secondary septic sites. A final detailed septic design is required as a part of building a new home. That design process often ends up with septic systems being located in areas outside of the original 10,000 sf test area. Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 9 9 Prior to submitting our Preliminary Plat we sent the preliminary plat grading plan to the County for a preliminary review and, while there are areas that will need attention in the future with final grading and siting of the homes, none of the homesites gave the County any concern that septic sites shown could not be used for a final septic design if needed. d. Construction Schedule o Site Grading – June/July 2026 o Utility Installation – August/September 2026 o Street Construction – October 2026 o Minor Utility Installation – November 2026 K - Flexibilities requested and highlighted in our sketch plan review 1. Setback for existing home and accessory structure. We are leaving the option open to sell the existing homestead as is. Much like with the previously approved preliminary plat we will need a 20’ front yard setback variance to accommodate the existing homestead. In large part this is needed because of dedicating additional ROW for Inwood and because the RE zoning has a significantly increased front yard setback from historic standards. 2. Wetlands (Lot Area) – Including wetlands within the lotted area of lots has been the past practice in all Residential Estate developments to date. Council indicated agreement as well. The lot area, not encumber by wetlands and drainage and utility easements has been provided. This data shows that all the lots in the Preliminary Plat include 1.25 ac of area above the floodplain and free of any drainage and utility easements. 3. Tree planting requirements – The City has a requirement to plant 5 trees per disturbed acre. This standard is less onerous in typical urban development where you have 2-4 units per acre. In that case you would have maximum of 2.5 trees per home. This seems like a fairer standard. We are requesting flexibility to require 3 trees per lot. This would exceed the practical application of the code and is what we have shown on our landscaping plan. Since the lots are so big we would rather the builder and homeowner decide where to plant these trees and we will put that obligation on then as a part of their lot purchase. Another provision in the tree code is to not allow trees to be within a drainage and utility easement. We would like a small exception to this for the trees adjacent to the ponds as you enter the project so we can keep a nice and consistent treed boulevard as you enter the project. 4. Material Exceptions a. PVC vs Ductile Iron for Watermain. b. HDPE or PP for RCP Strom Pipe in all green areas. Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 10 10 L - Development Plan Details – Environmental/Landscaping 1. Wetlands The site contains Type 2 wetlands, which require a 50-foot buffer or a 25-foot buffer with approved buffer averaging. Buffer averaging has been applied where appropriate and is shown on the plans. A deminimis impact application was previously approved for the very small 0.02 acre impact to wetland #2. The Notice of Decision approval that deminimis impact is included with our submittal. 2. Tree Preservation/Replacement There are overall very few trees on the property. In total there are 78 surveyable trees totaling 1,273 inches. In total we are removing 17. 9% of the total inches, under the threshold of 30%. Therefore, there is no required tree replacement. 3. Street Trees We are planning to plant all required street trees in the front yards outside of the City ROW and front yard D & U. Since there is a 100’ front yard setback this helps to create a nice streetscape within these very large yards of the Residential estate zoning district. The landscaping plan shows streets trees required based on 1 tree per every 50’. We have exempted the power line ROW from that calculation. This is still a large number of trees for a rural streetscape where you may have 4-6 or more trees per home versus a typical urban development with 1 street tree per home. 4. Monumentation – With our final plan set we intend to propose some monumentation as you enter the property. For that we would likely need to add a small outlot area or easement area at the entrance at Inwood or we may need to ask for flexibility to place in D & U or right of way. M- Changes to Concept Plan - Summary Included in our submittal is an updated letter addressing the engineering comments in detail from the Concept Plan review. We updated the comments provided in response to the concept plan based on the Preliminary Plat. Below is a summary of some of the changes. 1. Storm Water a. Removed the ponding in the NE corner and added pond north of entrance off Inwood. b. Removed the filtration areas along the north property line. c. Provided additional information regarding the flow paths and emergency overflows and locations relative to adjacent septic systems. d. Added setback to ponding areas (BMP’s) of 35’ from the potential septic areas. e. Offsite drainage follows existing and historic drainage patterns. In some instances, the exact location was modified to minimize any impacts to neighbors. In all cases as required the rate of flow is the same or less than current rates. Highpointe Crossing - 2298 Inwood Ave N – Lake Elmo – Preliminary Plat Narrative February 26, 2026 Page 11 11 f. Storm water BMP accesses provided that are 20’ wide and do not exceed 10% slope. g. Subsurface Sewage Treatment Systems (SSTS) h. Provided compliant locations, County approval letter and soils borings to City. i. We show conceptual grading around all homes and septic areas to demonstrate how grading and compliance can be achieved. 2. Roadways a. Using City rural road standard 804 without sidewalk (added 3% cross section). b. Providing turn lane as requested by Washington County 3. Wetlands a. All wetlands are within lots and protected by Drainage and Utility easements 4. Water a. Include the use of PVC vs. Ductile Iron pipe. We understand that updated City standards are in progress. b. Add a PRV valve within a D & U adjacent to Lot 1, Block 2. N- Conclusion We look forward to discussing our Residential Estate plans with the Planning Commission and City Council. Paul Robinson Development Director, Rachel Development EXISTING HOME TO REMAIN Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS)Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS)Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS) Subsurface Sewage Treatment System (SSTS)LPHPLPHP13 16 17 OCS 5 10 9 6 5 OCS 2 1 8 11 OCS 3 OCS 4 12 14 15 4 420'-18"HDPE @ 0.48% 197'-18"HDPE @ 2.03% 250'-18"HDPE @ 0.40% 234'-18"HDPE @ 0.43% N6 N5 N4 N3 N2 N1 420'-18"HDPE @ 0.48% 420'-18"HDPE @ 0.48% HWL-1027.5 HWL-1030.2 HWL-1026.9 HWL-1026.9 3 7 INWOOD AVENUE NORTH (C.S.A.H. 13)INWOOD AVENUE NORTH (C.S.A.H. 13)Septic Fieldc 1OFHIGHPOINTE CROSSING LAKE ELMO, MINNESOTA RACHEL DEVELOPMENT2-24-2026 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2024 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 2-24-2026 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson 1LANDSCAPE PLAN 00-PLAN-126016-SHEET-LAND MEMORANDUM Date: March 24, 2026 To: Sophia Jensen, Senior Planner RE: Highpointe Crossing Residential Estate Nathan Fuerst, Planning Consultant Preliminary Plat/PUD Engineering Review Jason Stopa, Community Development Director Pete Tholen, Public Works Director Nate Stanley, City Engineer Chad Isakson, Assistant City Engineer From: Jack Griffin, Sr. Project Manager An engineering review has been completed for the Highpointe Crossing Residential Estate Preliminary Plat/PUD received on January 12, 2026. This review consisted of the following documentation: · Preliminary Plat/PUD Narrative, dated February 26, 2026. · Preliminary Plat, Sheets PP1-PP6, dated January 11, 2026. · Preliminary Plans, Sheets 1-28, dated February 26, 2026. · Stormwater Management Plan, dated February 25, 2026. · Landscape Plan, dated February 24, 2026. STATUS/FINDINGS: Engineering has prepared the following review comments. A condition of Preliminary Plat approval, if granted, must require the applicant to revise and resubmit Preliminary Plat/Plans to address each review comment and condition of approval to the satisfaction of city staff prior to the city accepting a Final Plat/Plan application. All public improvements constructed to support the development must be designed and constructed in accordance with City Engineering Design Standards Manual, unless specifically approved by the city. A point-by-point response letter must accompany plan resubmittal to document plan changes made to address each item and to facilitate city review. PRELIMINARY PLAT/SITE PLANS 1. All Outlots, Lot and Block numbers, and street names (proposed and existing) have been shown as required on the Preliminary Plat, Site Plans, Street and Utility Plans, and Grading Plans. 2. The Preliminary Plans and Preliminary Plat must be revised to identify Outlot ownership either by adding a table to the title sheets or by labeling each Outlot throughout all plan sheets. 3. Outlot A (Pond 2), Outlot B (Pond 3), Outlot C (Basin 1SW), Outlot D (Pond 5), and Outlot E (Basin 1E) will be dedicated to the city for stormwater management. No drainage and utility easements are needed over the Outlots as they will be city owned. 4. The Preliminary Plat and Preliminary Plans must be revised to add Lot easements adjacent to the Overhead Power easement for lots L2B2; L3B2; L6B1, and L5B1. 5. Dedicated drainage and utility easements, minimum 10-feet wide, are required along all public roadway frontage as shown on the Preliminary Plat and Plans. All easement areas must be free Page: 2 from encroachments other than those approved by the City Engineer and upon execution of an easement encroachment agreement. Prohibited encroachments include, but are not limited to trees, structures, landscaping, fences, retaining walls, storm sewer running parallel with the easement, and stormwater BMPs.  A 10-ft corridor along the public right-of-way must also be fully preserved along city owned Outlot A, D and E for small/dry utilities as though drainage and utility easements exist. Revise the landscape plans to remove encroachments accordingly. 6. Overhead Power Easement. Any easement encroachment agreement with the overhead power company must be reviewed and approved by the City Attorney before the city agrees to own and maintain infrastructure within the easement. Draft terms and conditions must be submitted as part of the final plat application. 7. Written landowner permission must be submitted with the Final Plat application for any off-site permanent and temporary construction easements required to implement the subdivision improvements, including off-site improvements. The temporary construction easements must be obtained using the city standard form of easement agreement with the City named an additional party to the easement. SITE PLANS, TRAFFIC AND ACCESS MANAGEMENT 1. Inwood Avenue Right-of-way dedication. Right-of-way dedication is required as part of the Preliminary and Final Plat including 75-feet as measured from the existing roadway centerline.  The Preliminary Plat and Plans must be revised to identify the physical centerline of Inwood Avenue and to verify 75-feet of right-of-way dedication from the road centerline. 2. Access Management. Site access is shown from a new residential street (Imperial Avenue) extending west into the subdivision from Inwood Avenue (CSAH 13). The Access location is subject to final approval by Washington County. 3. Inwood Avenue (CSAH 13) Improvements. The construction of turn lane improvements along CSAH 13 as required by Washington County will be required to be part of the subdivision improvements. Turn Lane improvements have been shown on the Preliminary Plans and will be subject to revisions per County approvals. 4. Secondary access is proposed with a connection to Imperial Avenue in the existing Lake Elmo Heights residential neighborhood. The street connection and elimination of the existing cul-de-sac must be included as part of the subdivision improvements.  The subdivision design team and city engineering department will be required to coordinate design details and share CAD files and designs to closely coordinate the street design as it transitions from rural section to urban section roadway and incorporates the pressure reducing valve location and site plan. 5. Phasing Plan. No phasing plan has been submitted. The Preliminary Plat application must be revised to include a subdivision Phasing Plan for city review and consideration. The secondary access connection to the Lake Elmo Heights neighborhood should be prohibited until the first lift of bituminous has been installed throughout the subdivision, to avoid construction traffic through the existing Lake Elmo Heights neighborhood. Phasing considerations may be required for the watermain connection and PRV valve operation with over 2,600 LF of watermain being extended. 6. The public streets are proposed as a rural section at 28-ft wide within a 70-ft right-of-way. The city engineering and public works departments are preparing rural street section design details for use in this subdivision. 7. Driveways. All driveways must be installed in accordance with all city ordinances, including minimum distance from intersections, driveway angles installed at 90-degrees as they cross public right-of-way, and distance between driveways. In addition, the city engineering and public works departments are preparing driveway culvert design details for use in this subdivision. Page: 3 8. Streetlights are shown on the Preliminary Plans as required. Streetlight fixtures and poles are installed, owned and maintained by Xcel Energy using city specified fixtures and poles in accordance with the city engineering design standards. Plan revisions may be needed as the construction plans are finalized. STORMWATER MANAGEMENT, GRADING AND STORM SEWER 1. The proposed subdivision improvements are subject to a Stormwater Management Plan (SWMP) meeting State, Valley Branch Watershed District (VBWD) and city rules. A VBWD permit is required. Storm water facilities proposed as part of the subdivision to meet State and watershed permitting requirements must be constructed in accordance with the City Engineering Design Standards. 2. All storm water BMPs, including 3 wet ponds and 2 filtration basins, have been placed in Outlots to be dedicated to the city as required. Each Outlot must fully incorporate the 100-year HWL, 10- foot maintenance bench and all BMP maintenance access roads. Maintenance access roads meeting city standards must be provided for all storm water facilities and structures. All adjacent lot corners must be +.2 ft above the 100-year HWL to meet construction tolerance and maintain 100-year HWL on each Outlot.  Basin 1E. Plan revisions are required to fully contain Basin 1E 100-year HWL within Outlot E. Revisions are also required to eliminate the encroachment of the proposed pond maintenance bench to the small/dry utility corridor along the proposed public right-of-way.  Pond 2 and Pond 3. Plan revisions are required to provide a feasible pond maintenance access road meeting city standards. If maintenance access is from the County right-of-way, a field access roadway must be constructed and permitted by the County. In addition, plan revisions are necessary to fully mitigate the overhead power line interference and to provide clearing, grubbing and grading over the full extent of the access routes.  Pond 3 and 5. Grading revisions are needed to provide for a 10:1 maintenance bench to be located just above the NWL, and a 10-ft aquatic bench to be located just below the NWL. The grading currently shows both benches above the NWL. 3. Minimum floor elevations must be at least 2 feet higher than the adjacent stormwater basin or wetland 100-year HWL elevation. In addition, all low opening elevations for all buildings must be at least 1-ft higher than any adjacent emergency overflow elevation (EOF). Plan revisions may be required as the construction plans are finalized  Pond 3 and Pond 5. The low floor and low opening elevations for the existing homes adjacent to these ponds are not 2-feet above the proposed 100-year HWL as required by the City Engineering Design Standards. Flood mitigation and protection measures have been proposed at Pond 5, including a berm and pond liner. The VBWD has provided a preliminary indication that a permit will be issued for the proposed design. At a minimum, pond lining will be required for Pond 3 and Pond 5 in accordance with minimum requirements of the Minnesota Stormwater Manual (Level 2 liner).  Low floor and low opening elevations must be obtained and shown on the existing condition, site and grading plans, including the FFE for the city water booster station. 4. All wetlands and wetland buffers must be protected by easement. It is standard Lake Elmo practice to require wetlands and wetland buffers to be placed in Outlots dedicated to the city, however, the city is amenable to allowing them to remain on private lots protected by easements for Rural Estate Residential Lots. Wetland, wetland buffers and wetland HWL areas are shown on the preliminary plans and are protected by easements as required. 5. When wetlands are present on private lots, each lot must have a minimum of 1.25 acres of land above the wetland HWL elevation and free of any drainage easements. Page: 4 6. Approval of the preliminary grading and storm sewer plans for the development is contingent upon all grading plans being reviewed and approved by the City Engineer prior to the start of any grading or construction.  The proposed culvert from FES 10 to FES 9 should be revised to remain perpendicular to the street and/or perpendicular to the overhead power easement.  The 100-year HWL for the ditch from FES 9 to Pond 3 must be determined and shown on the plans with the 100-year HWL fully protected by drainage and utility easement. No runoff can be permitted to encroach the L5B1 septic system area.  Design calculations must be provided with the Final Plat application, to include culvert size and slope for each lot, together with approximate 100-year HWL elevations along the road ditch. This design information is necessary to review the proposed subdivision drainage system at full build-out. 7. All localized low points must be protected within a drainage easement, including the localized 100- year HWL. Plan revisions may be needed as the construction plans are finalized.  Revise the plans to show the 100-year HWL at FES-10. 8. The storm sewer system shall be designed to meet all city design standards including RCP pipe materials and maintaining the minimum pipe cover of 3 feet for paved surfaces and 2.5 feet in green space.  The Pond 2 outfall pipe (OSC-2) makes a direct connection to the existing County culvert (24- inch RCP) across CSAH 13. A pipe condition assessment must be completed to verify that the connection can be made with no culvert maintenance or replacement. The County culvert inverts must be revised to be legible.  All drainage swale inlets require Type 402 structures with R-4342 casting. No flared end section inlets are permitted. Revise structures 10, 16, N4, and N6.  Revise all green space storm sewer pipe materials from HDPE to the city standard RCP. 9. Drain tile is required as part of the city standard street section at all localized low points in the street. For a rural section street, all drain tile discharge locations must terminate by connection to a storm sewer structure, if available, or terminating to the ditch using MnDOT Standard Plate 3131. The final construction plans must include all drain tile design details. 10. Per city requirements all storm sewer pipe easements must be a minimum 30-feet in width. When not located within the public right-of-way, minimum 30-foot easements centered over all storm sewer pipe and structures are required without encroachments from retaining walls, trees, or other small/dry utilities. Storm sewer easements must be shown on all site, grading, utility, and landscape plans. MUNICIPAL WATER SUPPLY 1. Connection to the municipal water system is available near the proposed development in two locations. The subdivision improvements will be required to connect to the existing 16-inch trunk watermain located along Inwood Avenue (CSAH 13). An 8-inch watermain will need to be extended along the new streets into and throughout the subdivision at developer’s sole cost, and to serve each proposed parcel in the subdivision. 2. A second connection point is required to create a looped watermain system, connecting to the existing 8-inch watermain located along Imperial Avenue in the adjacent Lake Elmo Heights neighborhood. This secondary connection will require the installation of a pressure reduction valve (PRV) as the Lake Elmo Heights neighborhood is located in the intermediate pressure zone while the proposed subdivision is located in the high-pressure zone. 3. The Preliminary Plans depict the general watermain improvements as required. The developer will be responsible to place hydrants and water system valves internal to the site as determined by the Public Works Director and Fire Department, and the PRV site layout will be prepared by Page: 5 the city engineering department for insertion into the subdivision plans. The watermain utility plans will be further reviewed and finalized as part of the final construction plans. 4. The Preliminary Plans depict PVC watermain rather than the city standard DIP watermain materials as the developer is seeking flexibility to use PVC as an alternate material. At the direction of the city council, staff is currently reviewing the merits of changing the city watermain standards and will be presenting staff recommendations on the matter at a future council meeting. 5. No watermain oversizing reimbursement is applicable for this development. 6. Minimum 30-foot easements centered over the pipe/hydrant will be required when not located within the public right-of-way. Easements must be free from all encroachments, including retaining walls, trees, fences, small/dry utilities, or storm water management BMPs. Dedicated utility easements must be shown on all site, grading, utility, and landscape plans when submitting a Preliminary and Final Plat application.  Additional easements may be required, pending the final design and layout for the PRV location, if not fully contained within the right-of-way. WATEWATER MANAGEMENT / SUBSURFACE SEWAGE TREATMENT SYSTEMS (SSTS) 1. The proposed development is located outside of the city designated Municipal Urban Service Area (MUSA) for sanitary sewer service. The developer is proposing private individual on-site septic systems for each Lot (SSTS). 2. Individual on-site septic systems are permitted by Washington County and must contain both a primary and secondary site located on each Lot. For subdivision planning purposes Washington County requires a minimum of 10,000 square feet of suitable soil for each lot to represent both the primary and secondary locations. 3. The Preliminary Plat application includes a letter from Washington County Public Health & Environment, undated, that states preliminary soil testing conducted on site appears to have the required 10,000 sf of suitable soil for each lot. The letter further notes that the soil testing conducted is preliminary, and that for permit issuance, a minimum of four (4) soil observations encompassing the proposed sewage treatment area will be required in accordance with Section 9.5 of the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Washington County Ordinance #206). 4. Septic system site locations must also meet setback requirements, including 10-feet from property lines, 20-feet from structures (building pads), 35-feet from all stormwater BMPs, and 75- feet from the delineated edge of wetlands. Setbacks must be noted on the site and grading plans.  Spot elevations must be added for the basin grading 1SW and will be used for as-built verification prior to acceptance of improvements to ensure a minimum 35-ft separation is maintained from the lot L10B1 septic system location and basin 1Sw. 5. In addition, septic system site locations must take into account sufficient maintenance access for the city and its contractors to own and maintain public drainage systems. Access for inspections and maintenance work will require vehicle and equipment access. Sufficient separation is necessary to ensure vehicle traffic does not encroach drainfield areas nor future reserved drainfield areas. Site plan revisions may be required as the preliminary site and grading plans are finalized.  Revise primary and secondary septic system locations for lots L5B2 and L6B2, ensuring minimum 20-feet separation from the proposed rear yard storm sewer pipe. LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education March 24, 2026 Sophia Jensen, Planner City of Lake Elmo Re: Highpointe Crossing Prepared by: Anthony Svoboda, Fire Marshal Applicable Codes: • 2020 Minnesota State Fire Code • 2020 Minnesota State Building Code • Lake Elmo Fire Department Fire Code Policies • NFPA 13, 2016 edition • NFPA 13D, 2016 edition Fire Department Comments: 1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning radiuses. 2) Approved fire apparatus roads shall be provided and maintained in coordination with engineering, public works, planning, and fire departments. In accordance with MSFC D104.2, two fire apparatus access roads shall be required and always maintained. 3) Project construction phasing shall always accommodate emergency access to the entire construction zone, generally meaning two separate means of entrance/exit as defined in the code. Phasing plan to be approved by the fire department prior to construction. 4) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access roads. On- street parking shall be provided in approved locations following review by Engineering and Public Works. Parking shall be prohibited on both sides of private driving lanes. 5) Street names and addressing shall be consistent with the Washington County Uniform Street Naming and Property Numbering System. 6) Fire hydrants and watermains shall be provided in approved locations following review by Engineering and Public Works. 7) Building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background. Size and placement of address numbers shall be approved by the fire and planning departments. LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education “Proudly Serving Neighbors and Friends” 8) All gates, whether manual or electric, shall be accompanied by either a KNOX lock or KNOX gate control switch for rapid access. 9) All parking areas shall be capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds. Questions, clarifications, or the request to provide code documents can be made using the contact information listed below. Respectfully, Memorandum 800 Washington Avenue North, Suite 207 Minneapolis, MN 55401 March 31, 2026 TO : SOPHIA JENSEN FROM: SARAH EVENSON, PLA RE: CITY OF LAKE ELMO LANDSCAPE AND TREE PRESERVATION PLAN REVIEW: HIGHPOINTE CROSSING PRELIMINARY PLAT SUBMITTAL SUBMITTALS 1. Rachel Development Sketch Plan dated 9/21/23 and Landscape Theming Concept dated 9/18/23. Both received 9/25/23. 2. Preliminary Plat/PUD Submittal dated 6/7/2024. 3. Preliminary Plat Submittal dated 2/26/2026. REVIEW HISTORY Initial sketch plan review on September 29, 2023. Preliminary Plat / PUD review on June 26, 2024. Preliminary Plat review on March 31, 2026. LOCATION: PID# 2102921320001 The North ½ of the SW ¼, Section 21, Township 29, Range 21, Washington County Except all that part of the North 75.00 feet of the East 150.00 feet of the North ½ of the SW ¼ of Section 21, Township 29 North, Range 21 West, Washington County, MN. Address: 2298 Inwood Ave. N., Lake Elmo MN 55042 CURRENT LAND USE CATEGORY: Rural Residential (RR). Proposed zoning: Residential Estate (RE) ADJACENT AND SURROUNDING LAND USE: RE- Residential Estate to the North and South, PF—Public Facilities to the East, City of Oakdale R4—Middle Density to the West (south) and R2-Low Density to the West (north). SPECIAL LANDSCAPE PROVISIONS: none TREE PRESERVATION PLAN: 105. 12. 470 » The tree preservation plan has been submitted but does not yet meet code requirements. Revise and resubmit, noting the following: - Only four trees appear red on the plan, but eight trees are noted as removed in the chart. Both of these sheets need to reflect the same information. - All black cherry trees should be counted as a hardwood trees and not common trees. Revise in chart. - If tree number 23 is in fact a 48” black cherry, it is likely in the running to be a state champion tree. This should be verified before proceeding with the critical root zone (CRZ) impacts currently proposed. Grading adjustments that enable this tree’s CRZ to be properly preserved should be explored. March 31, 2026 Highpointe Crossing Memorandum 2 - It is unclear why some trees have been noted as exempt. Trees should not be noted as exempt in the chart or the plans. For calculation purposes, all trees within the property should be considered either saved or removed. Off-site trees should not be quantified. - The 30% allowable removal is calculated for each classification of tree. Update the “Tree Summary- Individual Type” chart to determine whether the reclassification of black cherry trees as hardwood impacts any of the replacement requirements. - Include Lake Elmo’s city standard tree protection detail on one of the tree preservation plan sheets. LANDSCAPE PLAN: 105.12.480 » Landscape plans have been submitted that require the following adjustments prior to approval: - Provide plans that illustrate seeding, sodding, and ground cover materials across all disturbed portions of the site. Some seed mixes are listed in the notes, but should be paired with hatches and labelled on the plans as well. - Include city standard landscape plan notes and planting details. - In addition to the 119 street trees, 99 more trees will be required based on the total disturbed acres (19.7 disturbed acres x 5 = 99 trees). The noted three trees per lot (18 lots) to be fulfilled by the builder will not fully satisfy this requirement. Applicant must provide the full quantity of required trees. - Planting plans do not meet the required minimum percentage of evergreens. A minimum of 25% of plantings must be conifers per code. RECOMMENDATION: The landscape and tree preservation plans do not meet criteria for approval. Prepare and resubmit tree preservation and landscape plans as outlined in this memo for future review. Sarah Evenson, PLA (MN) City of Lake Elmo Municipal Landscape Architect P: (262) 391-7653 E: Sarah@hkgi.com