HomeMy WebLinkAboutPZ Agenda Packet 09-9-13
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, September 9, 2013 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. August 26, 2013
4. Public Hearings
a. VARIANCE (CONT.) - 09.029.21.22.0025 (HILL TRAIL NORTH). The
Planning Commission will continue a Public Hearing to consider a request by
Dean and Gayle Dworak for a Variance to allow the construction of a single
family home on a lot that is not considered a lot of record under the Zoning
Ordinance due to its size and that it does not meet the required 20,000 square feet
of area for a septic system.
5. Business Items
a. ZONING TEXT AMENDMENT – VILAGE MIXED USE (VMX) ZONING
DISTRICT. The Planning Commission is being asked to review a proposed
Zoning Text and Map amendment that would create a new mixed use zoning
district within a large portion of the Village Planning area. This ordinance has
previously been reviewed by the Commission and is being brought back for
further discussion prior to a public hearing on the proposed ordinance.
6. Updates
a. City Council Updates
i. Holding Tank Variance - 4719 Olson Lake Trail: approved at the 9/3/13
City Council meeting.
ii. Sign Variance, 3712 Layton Ave N: approved at 9/3/13 City Council
Meeting.
iii. Comp Plan Amendment – Wastewater Facilities: approved at the 9/3/13
City Council Meeting.
b. Staff Updates
i. Upcoming Meetings:
• September 23, 2013
• October 14, 2013
c. Commission Concerns
7. Adjourn
City of Lake Elmo
Planning Commission Meeting
Minutes of August 26, 2013
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Williams, Dorschner, Dodson, Larson, Kreimer, Lundgren
and Haggard;
COMMISSIONERS ABSENT: Morreale; and
STAFF PRESENT: City Planner Johnson and City Administrator Zuleger.
Approve Agenda:
The Planning Commission accepted the agenda as presented.
Approve Minutes: August 12, 2013
M/S/P: Dodson/Larson, move to accept the minutes of August 12, 2013 as presented,
Vote: 5-0, Motion Carried with Haggard & Kreimer not voting.
Public Hearing: Variance – 4719 Olson Lake Trail N
Johnson began his presentation by explaining that a variance application was received
from Mary & Thomas Brink to install a septic holding tank system for a period longer
than 12 months. This site is expected to connect to Municipal Sanitary service as part of
Phase II of the Olson Lake Trail sewer project which will take place in 2016. Staff found
that the 4 variance criteria are met for approving the variance.
Haggard asked if there was enough space available on the lot for a future drainfield
should Phase II of the sewer project not move forward. Johnson stated there was
enough space if need be. Haggard also asked what would happen if they didn’t hook up
within 6 months of the sewer going in. Zuleger stated that Washington County is
responsible for enforcement. She also asked if there was any environmental concern.
Johnson stated it is not an environmental concern, but it is a financial burden to
frequently pump these tanks.
Kreimer asked if there was a requirement to remove the holding tanks. Johnson stated
that it would be required under the County guidelines.
Public hearing opened at 7:16pm. Lake Elmo Planning Commission Minutes; 8-26-13
2
Mary Florence Brink, 4719 Olson Lake Trail, spoke about the existing system that is
located on site. She noted that the holding tank will be utilized as part of the
connection to municipal sanitary sewer.
The City received from Gary Mulcahy, 4710 Olson Lake Trail N., stating his support for
the Variance.
An email to Staff from Mr. Gary Fields was received and distributed to the Planning
Commission. He noted that he understands the reason for the Variance request.
Public hearing closed at 7:18pm.
M/S/P: Dorschner/Larson, move to recommend approval of the variance request for the
installation of septic holding tanks at 4719 Olson Lake Trail North for a time period
longer than 12 months, but not to exceed 5 years, with the conditions outlined in the
Staff Report: Vote: 7-0, Motion Carried Unanimously.
Kreimer asked if it was appropriate to place a time restriction on the Variance to ensure
that the holding tank system does not become the permanent solution for this property.
He suggested a timeframe of 5 years where the variance would be valid.
M/S/P: Kreimer/Haggard, move to amend the motion to add a condition that the
variance should not exceed 5 years, Vote: 7-0, Motion Carried Unanimously.
Public Hearing: Variance – 09.029.21.22.0025 (Hill Trail North)
Johnson began his presentation by explaining that a Variance application was received
from Dean & Gayle Dworak for a Variance to allow for the construction of a single family
home on a lot that is not considered a lot of record under the Zoning Ordinance due to
its size and that it does not meet the required 20,000 square feet of area for a septic
system. Staff has found that the required criteria for a lot size variance have been
established. However, the review by Washington County has indicated that the
applicants have not yet submitted a septic design that meets the County requirements
for a permitted system, but they are working with the County to obtain one. Johnson
recommends tabling this item until the next meeting to allow time for the work related
to the septic design and permitting through Washington County.
Public hearing opened at 7:35pm.
Bonnie Weisbod, 8111 Hill Trail N., noted that she lives across the street from the
subject property. She stated that she is concerned that the site is not large enough for a
septic system. She noted that other properties have applied for variances in the past
and they have not been granted. Johnson noted that the State Statues pertaining to
Lake Elmo Planning Commission Minutes; 8-26-13
3
variances have recently been amended, changing the threshold for a variance from
undue hardship to practical difficulties.
Vickie Iverson, 8108 Hill Trail N, stated that her property is located next door. She noted
that she is concerned about the location of the drainfield in relation to her property
boundary. In addition, she is concerned about the drainage that is expected to flow
towards the lake.
Amy Gustufson, 8120 Hill Trail N., noted that the Staff aerial image of the area is not
accurate. In addition, she noted that the applicant’s proposed home is not consistent
with other homes in the neighborhood. She stated that she is opposed to the variance.
She does not believe that an adequate septic system can be located on the site. In
addition, she is concerned about the amount of impervious surface that is proposed as
part of the home. Building on a sub-size lot would not protect the natural resources of
Lake DeMontreville and Olson Lake. She also noted that there are several homes for sale
in the area. She feels that it is not a hardship because the applicants could choose to
purchase an existing home that is for sale. Finally, she cited a DNR study about the
construction of structures on lakes and rivers. She is concerned that granting a variance
will erode the shoreland.
Brad Gustufson, 8120 Hill Trail N, noted that he does not agree with the Staff
interpretation of the setback. He also is concerned about the amount of the impervious
surface.
No written comment was received.
Public hearing continued until the next available Planning Commission meeting.
M/S/P: Haggard/Dodson, move to table the Variance request at 09.029.21.22.0025 (Hill
Trail N.) for further consideration at the next available Planning Commission meeting to
allow the applicant more time to submit a septic design that will meet Washington
County approval: Vote: 7-0, Motion Carried Unanimously.
Public Hearing: Variance – 3712 Layton Ave N
Johnson began his presentation by explaining that a Variance application was received
from Elmo Inn Enterprises, Inc. for a Variance at 3712 Layton Ave N to allow for a
ground sign that would exceed the height and area allowance as permitted under the
City’s Sign Ordinance. The proposed sign would advertise the Lake Elmo Inn Event
Center. Staff reviewed the 4 required criteria for granting a Variance and found them to
be met.
Public hearing opened at 8:19pm.
Lake Elmo Planning Commission Minutes; 8-26-13
4
John Schiltz, Lake Elmo Inn, noted that he selected the monument sign to be consistent
with the Theming Study as presented by Damon Farber and Associates. He added that
he hopes the sign will set the bar high for any signage that follows. He also discussed
the travel speeds of oncoming vehicles making it difficult to see the signage. He thinks
the signage will make the community proud and set a good precedent.
No written comment was received.
Public hearing closed at 8:25pm.
Dorschner noted that he has been stopped previously by strangers looking for the event
center. In addition, he noted that the snow banks do get extremely high in the winter.
He stated that he supports the variance request.
Dodson suggested that if future variances are brought forward related to signage, the
signage should be consistent with the Damon Farber Theming Study.
Williams asked about the size of the existing signage for the Lake Elmo Event Center.
John and Christine Schiltz noted that the sign is a 4 x 8 plywood sign. Williams noted
that he is comfortable granting the height variance, but not comfortable with the sign
area variance.
M/S/P: Dorschner/Dodson, move to recommend approval of the Variance request at
3712 Layton Ave N to allow the installation of a ground sign that exceeds the height and
area allowance permitted by the City’s Sign Ordinance based upon the findings outlined
in the Staff Report: Vote: 6-1, Motion Carried with Williams voting no.
M/S/P: amend the original motion to add a condition that the sign meet the Damon
Farber Theming Guidelines, Vote 7-0: Motion Carried Unanimously.
Public Hearing: Comprehensive Plan Amendment – Chapter VI: Wastewater Facilities
Johnson began his presentation by explaining that this amendment is being brought
forward in order to bring this section of the Comprehensive Plan into conformance with
the recently adopted Land Use Chapter, and to specifically incorporate the updated
housing, population, and employment projections from the land use section. The
purpose is to develop a strategy for providing sanitary sewer services throughout the
community. This section is critical to have in place as the City will not be allowed to
connect to the regional treatment system without the updated information contained in
this plan.
Public Hearing opened at 8:55pm.
Lake Elmo Planning Commission Minutes; 8-26-13
5
No written comment was received.
Public Hearing closed at 8:56pm.
Williams asked the Staff about the section of the document that noted that the Met
Council will extend the Cottage Grove Ravine interceptor to serve the Village and
Eastern portion of the South of 10th Street Planning Area. Johnson noted that the
language means that the Met Council will work collaboratively with the City to ensure
that the interceptor is working properly to receive the wastewater.
M/S/P: Kreimer/Dorschner, move to recommend approval of the amendment to
Chapter VI of the Comprehensive Plan as drafted: Vote: 7-0, Motion Carried
Unanimously.
Updates and Concerns
Council Updates
1. Landscape Ordinance Amendment – passed as recommended by the Planning
Commission at the 8/20/13 City Council meeting.
2. Village Area Planning and Development Schedule – discussed and adopted at the
8/20/13 City Council meeting
Staff Updates
1. Planning Commission meetings upcoming on September 9th and September
23rd.
Commission Concerns - None
Meeting adjourned at 9:03pm
Respectfully submitted,
Nick Johnson
Planner
Lake Elmo Planning Commission Minutes; 8-26-13
Planning Commission
Date: 09/09/13
Item: 4a
Public Hearing (cont.)
ITEM: Variance Request – 09.029.21.22.0025 (Hill Trail North)
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
Pete Ganzel, Washington County
______________________________________
SUMMARY AND ACTION REQUESTED:
The City of Lake Elmo has received an application from Dean and Gayle Dworak, 12325
Upper Heather Ave. N., Hugo, Minnesota, for a variance to allow for the construction of
a single family home on a lot that is not considered a lot of record under the Zoning
Ordinance due to its size and that is does not meet the required 20,000 square feet of area
for a septic system. The Planning Commission held a Public Hearing and reviewed the
request at the meeting on 8/26/13, at which time the item was tabled for further
consideration at a future meeting. It should also be noted that the Public Hearing was
continued to allow for additional testimony.
BACKGROUND INFORMATION:
At the meeting on 8/26/13, the Planning Commission held a Public Hearing and reviewed
the variance application submitted by Dean and Gayle Dworak. In reviewing the
application, Staff made the determination that while the application has merit based upon
the 4 required finding for granting a variance, the applicant did not provide sufficient
evidence that a subsurface sewage treatment system that met the guidelines of
Washington County could be properly located on the site. For that reason, Staff
recommended that the Planning Commission table the variance request to allow the
applicant more time to work with a septic designer and Washington County. On 8/26/13,
the Planning Commission tabled the variance request until the next available meeting and
kept the Public Hearing open.
Since the last meeting, the applicants have been working on finalizing their septic design.
However, the applicants have reported to Staff that they were forced to change designers
in order to get the septic system completed, as the first designer contracted was being
unresponsive. This setback has caused the design to be delayed. In attachment #1, the
applicants explained the status of the septic design and the schedule for completion.
PUBLIC HEARING ITEM 4a – ACTION ITEM
2
They have also noted that they intend to reduce the footprint of the home to address
concerns about the amount of impervious surface and character of the proposed home in
comparison with the existing homes in the neighborhood.
It should also be noted that 4 people spoke at the Public Hearing on 8/26/13. The
speakers at the Public Hearing include adjacent property owners Bonnie Weisbod, Vickie
Iverson, Amy Gustufson and Brad Gustufson. Overall, these property owners noted
several concerns related to the proposed variance, including concerns related to drainage,
septic drainfield location, erosion and neighborhood character. The comments shared in
the Public Hearing can be found in the minutes of the 8/26/13 Planning Commission
meeting. In response to these comments, it should be noted that Washington County
would not allow for a septic system that did not meet the required setbacks. In addition,
Staff has advised the applicants about the required shoreland and building setbacks, as
well as the maximum amount of impervious surface permitted in the Shoreland District.
It should be noted that the City would not issue a building permit for a proposed home
that did not meet the requirements of the Code, with the exception of the provisions
related to the proposed variance if granted.
Given that the application is still within the 60 day timeframe that is permitted under
Minnesota Statute 15.99 to make a decision on a zoning or land use application, Staff is
recommending that the Planning Commission table the variance request to allow for
additional time to finalize the septic design. The applicants have assured Staff that the
updated septic design will be completed in advance of the September 23rd meeting. This
would allow Washington County to review the proposed septic system and make a
recommendation to the City. It should also be noted that should the applicants not
provide the necessary information by the meeting on September 23rd, any postponement
would require an extension of review by the City, which is not preferable. Finally, Staff
did not attach the previous application materials, as no new information has been
submitted for the variance application. Planning Commission members are encouraged
to bring the application materials from the previous meeting if possible.
RECCOMENDATION:
Staff is recommending that the Planning Commission table the Variance request through
the following motion:
“Move to table the Variance request at 09.029.21.22.0025 (Hill Trail North) for further
consideration at the next available Planning Commission meeting to allow the
applicant more time to submit a septic design that will meet Washington County
approval.”
ATTACHMENTS:
1. Email from Gayle and Dean Dworak
PUBLIC HEARING ITEM 4a – ACTION ITEM
3
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Continue the Public Hearing ....................................................................... Chair
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
PUBLIC HEARING ITEM 4a – ACTION ITEM
1
Nick Johnson
From:dean dworak [deandworak@hotmail.com]
Sent:Thursday, September 05, 2013 4:16 PM
To:Nick Johnson
Subject:Planning Commission
Please table the Variance request at 09.029.21.0025 ( Hill Trail North ) for further
consideration until the Sept. 23 Planning Commission meeting.
During the interim, the following actions are being taken:
‐‐ The proposed house plan is being downsized by Home Tec Designers in New Richmond, WI. The
proposed driveway will
be rerouted to allow for a larger septic drain field.
‐‐ Landmark Surveying in Scandia, MN is preparing a Certificate of Survey. The footprint of
the proposed home will be
included.
‐‐ All State Septic Systems is finishing the soil borings and peculation tests to design an
acceptable subsurface septic system
for approval by Washington County.
All the above actions will be completed prior to the Sept 23 Planning Commission meeting.
Dean and Gayle Dworak, Variance Applicants
Planning Commission
Date: 9/9/13
Business Item
Item: 5a
ITEM: Draft VMX Village Mixed Use Zoning District – Zoning Text and Map Amendments
REQUESTED BY: Planning Department
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to continue its prior discussion regarding a proposed Village
Mixed Use zoning district that has been drafted in order to implement the City’s land use plan for this
portion of the community. The Planning Commission reviewed the proposed ordinance at a workshop
meeting earlier this year, and given the large number of new Commissioner’s, Staff would like to spend
some time at the next meeting going through the draft document with the Planning Commission once
again.
The new mixed-use district would be incorporated into Article 11 of the City’s revised Zoning Ordinance,
which is the section of the code that contains the standards for each of the City’s zoning districts. The
City has previously approved new urban residential zoning districts, revised the rural zoning districts to fit
the new format, and updated the general commercial zoning districts within Article 11.
The draft ordinance is very much still a working document and Staff has made only minor modifications to
the ordinance since the last Planning Commission review. Because this district is intended to regulate
land uses within the central portion the Village area, it has been designed to allow a wide range of uses
and encourages the mixing of different use types. Most of the proposed ordinance has been completed
in draft form with the exception of the proposed Design Standards for the district. Staff will be working to
prepare a final draft of the City’s design standards manual for review at the next Commission meeting,
and these standards are intended to apply to development within the VMX district. Furthermore, Staff is
still trying to decide the most appropriate way to incorporate design review into the zoning district
standards, and will revise the VMX district standards to include a section on design review.
ADDITIONAL INFORMATION
The proposed ordinance has been drafted to be consistent with the vision for the Village Area as
documented in the recent Comprehensive Plan amendment reviewed and recommended by the Planning
Commission. This includes a large area in the central portion of the Village Area that is guided for mixed-
use development. Staff is still working on the zoning map amendments that will accompany this
ordinance, and will review the proposed district area and boundaries with the Planning Commission at its
meeting. There are a few other sections of the ordinance that should be incorporated into the draft
documenting, including provisions that provide for additional protections for existing homes in and around
the VMX district that will also be added to future iterations of the ordinance.
Staff will review the entire ordinance in greater detail with the Planning Commission at the meeting.
RECOMMENDATION:
Staff recommends that the Planning Commission review the proposed amendments to Article 11 – VMX
Village Mixed Use District and provide and comments and feedback to Staff at the meeting.
ATTACHMENTS (1):
1. Draft Article 11 – VMX Village Mixed Use District Amendment
2
SEPTEMBER 2013 PRELIMINARY DRAFT
Article 11 – VILLAGE MIXED USE DISTRICT
§154.500 Purpose and District Description
§154.501 Permitted and Conditional Uses
§154.502 Lot Dimensions and Building Bulk Requirements
§154.503 Dimensional Requirements and Preservation of Open Space
§154.504 General Site Design Considerations – LMX District
§154.504 Development Standards for Specific Uses
§154.505 LMX District Design and Demolition Review
§154.506 LMX District Design Standards
§154.507 Accessory Uses and Structures
§154.508 Residential Accessory Structures
§154.509 Accessory Uses
§154.510 Accessory Uses and Structures Not Listed
§154.500 Purpose.
The purpose of the VMX district is to provide an area for compact, mixed use development made
mutually compatible through a combination of careful planning and urban design and coordinated
public and private investment. This district is intended to continue the traditional mixed use
development that has occurred in the Village area by allowing retail, service, office, civic and public
uses as well as residential units. The mixture of land uses within the district is essential to establishing
the level of vitality and intensity needed to support retail and service uses. The placement of building
edges and treatment of building, parking, landscaping, and pedestrian spaces is essential to creating
the pedestrian friendly environment envisioned for the VMX district. The standards in this chapter are
intended to implement and effectuate the principles and relationships established in the Village Master
Plan, which will be carried out through specific standards related to site planning, signage,
architecture, building materials, and landscaping. Renovation and infill of traditional storefront-type
buildings is encouraged, and parking standards may be waived to recognize the availability of on-street
and shared parking facilities.
§154.501 Permitted and Conditional Uses.
Table 11-1 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 Ordinance 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. A principal and secondary dwelling unit may be combined according to the standards of
Section 155.137.
3. Single-family attached or multi-family complexes designed for rental or condominium
occupancy, since these typically include multiple units and buildings on a single parcel.
4. Other 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. The entire
development must be approved as a conditional use.
5. 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 Article.
Office or studio uses on upper stories are encouraged.
September 2013 – Draft 11-1 Village Mixed Use District
Table 11-1: Permitted and Conditional Uses, VMX Districts
VM
X
Standard
Residential Uses
Household Living
Single-family detached dwelling P 154.454.B,H
Two-family dwelling P 154.454.E
Single-family attached dwelling C 154.454.F,J
Multifamily dwelling C 154.454.G,K
Secondary dwelling C 154.454.C
Live-work unit P 154.454.L
Group Living
Group Home P 155.102.C
Group Residential Facility C 155.102.D
Halfway House - 155.102.D
Congregate Housing C 155.102.E
Semi-Transient Accommodations C 155.102.F
Public and Civic Uses
Community Services P 155.103.C
Day Care Center P 155.103.D
Public Assembly C
Religious Institutions P
Schools, Public and Private C 155.103.E
Services
Business Services P
Business Center P
Offices P 154.454.M
Communications Services P
Education Services P
Financial Institution P
Funeral Home C 154.454.I
Lodging C
Medical Facility C
Membership Organization P
Nursing and Personal Care C 155.104.C
Personal Services P 154.454.M
Repair and Maintenance Shop C
Trade Shop C
Veterinary Services P
September 2013 – Draft 11-2 Village Mixed Use District
Food Services
Standard Restaurant P
Restaurant with Drive-through C
Drinking and Entertainment P
Sales of Merchandise
Retail Trade 1 P
Farmer’s Market P
Garden Center C
Neighborhood Convenience Store P 154.454.N
Shopping Center C
Wayside Stand P 154.454.D
Wholesaling -
Automotive/Vehicular Uses
Automobile Maintenance Service C
Automobile Parts/Supply P
Car Wash -
Gasoline Station C
Parking Facility C
Sales and Storage Lots C
Outdoor Recreation
Outdoor Recreation Facility P
Parks and Open Areas P
Indoor Recreation/Entertainment
Indoor Athletic Facility C
Indoor Recreation C
Transportation and Communications
Broadcasting or Communications Facility C 155.110.B
Accessory Uses
Home Occupation P 155.111.A,B
Bed and Breakfast C 155.111.C
Domestic Pets P
Family Day Care P 155.111.G
Group Family Day Care C 155.111.G
Temporary Sales P 155.107.B
Parking Facility P
Solar Equipment P 155.111.I
Swimming Pools, Hot Tubs, Etc. P 155.111.J
September 2013 – Draft 11-3 Village Mixed Use District
Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection.
1 Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in §155.507.B.5
with the exception of building supplies sales and warehouse club sales.
§154.502 Lot dimensions and building bulk requirements.
Lot area and setback requirements shall be as specified in Table 11-2, Lot Dimension and Setback
Requirements.
Table 11-2: Lot Dimension and Setback Requirements, VMX District
VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use None
Single Family Detached Dwelling 5,000
Two-Family Dwelling (per unit) b 3,000
Single-Family Attached (per unit) c 2,500
Multi-Family Dwelling (per unit) 1,800
Secondary Dwelling See 154.454.C
Live-Work Unit 3,000
Congregate Housing See 155.102
Minimum Lot Width (feet)
Single Family Detached Dwelling 50
Two-Family Dwelling (per unit) b 30
Single-Family Attached (per unit)c 25
Multi-Family Dwelling (per building) 75
Live-Work Unit 25
Maximum Height (feet/stories) 35/3 d
Maximum Impervious Coverage
Residential Structures 75%
Other Structures No Limit
Water-Oriented Accessory Structures P
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P
September 2013 – Draft 11-4 Village Mixed Use District
Minimum Building Setbacks (feet)
Front Yard e See 155.506
Interior Side Yard f 10
Corner Side Yard g 0
Rear Yard 10
Notes to VMX District Table
a. No development may exceed the residential density range as specified in the Comprehensive
Plan for the Village Mixed Use land use category.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on
separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table
apply to “twin” units, whether on a single lot or separate lots. The standards for single-family
detached dwelling shall apply to a “duplex” containing two vertically-separated units on a
single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard is also used for multifamily dwellings.
d. Buildings up to 45 feet in height may be permitted as part of a PUD.
e. The front yard setback for single family homes shall be 25 feet.
f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned
parcels or those parcels with residential uses as the sole use.
g. Corner properties: the side yard façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be shown in the table.
§154.503 Dimensional Requirements and Preservation of Open Space
A. Averaging of Lot Area. When lots are clustered within a development to provide common open
space, the open space may be used to calculate an average density per lot to determine
compliance with the individual lot area requirements.
B. Lot Dimension Reductions. Other reductions in dimensional standards may be considered as
part of a Planned Unit Development if these reductions provide for common open space within
a development.
§154.504 General Site Design Considerations VMX District
Development of land within the commercial districts shall follow established standards for traffic
circulation, landscape design, and other considerations as specified in Articles 5, 6 and 7.
September 2013 – Draft 11-5 Village Mixed Use District
A. Circulation. New access points to State Highway 5 may be refused or restricted to right-in
right-out movement if alternatives exist. Internal connections shall be provided between
parking areas on adjacent properties wherever feasible.
1. The number and width of curb-cuts shall be minimized. To promote pedestrian circulation,
existing continuous curb-cuts shall be reduced to widths necessary for vehicular traffic, and
unnecessary or abandoned curb cuts shall be removed as parcels are developed.
B. Fencing and screening. Fencing and screening walls visible from the public right-of-way shall be
constructed of materials compatible with the principal structure.
C. Lighting design. Lighting shall be integrated into the exterior design of new or renovated
structures to create a greater sense of activity, security, and interest to the pedestrian.
D. Exterior Storage. Exterior materials storage must be screened from view from adjacent public
streets and adjacent residential properties, by a wing of the principal structure or a screen
wall constructed of the same materials as the principal structure. Height of the structure or
screen wall must be sufficient to completely conceal the stored materials from view at eye
level (measured at six feet above ground level) on the adjacent street or property.
§154.505 Development Standards for Specific Uses
Development of land within the VMX District shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The
following standards apply to specific uses; other standards related to design and building type may be
found at §154.506.
A. Single-Family and Two-Family Dwellings. Unless otherwise specified in this Article, Single and
Two Family dwellings in the VMX district shall adhere to the MDR district setbacks as specified
in §154.452.
B. Single-Family Attached Dwellings.
1. A maximum of eight (8) units shall be permitted within a single building.
2. Townhouse dwellings shall be located on lots in such a way that each individual unit has a
minimum of fifteen (15) feet of public street frontage. No parking shall be located in the
front yard or between the front façade and the street.
3. The primary entrance to each unit shall be located on the façade fronting a public street;
an additional entrance may be provided on the rear or side façade.
4. Common open space for use by all residents or private open space adjacent to each unit
shall be provided. Such open space shall comprise a minimum of three hundred (300)
square feet per unit.
C. Multi-Family Dwelling Units. Dwelling units (both condominium and rental) are restricted to
the upper floors or rear or side ground floors of a mixed-use building.
1. No parking shall be located in the front yard or between the front façade and the street
D. Secondary Dwellings. Restricted to lots occupied by single-family dwellings, and must meet
the standards for secondary dwellings in residential districts, §154.134.C.
E. Repair and Maintenance Shop. No outdoor storage is permitted.
F. Trade Shop. Exterior materials storage must be totally screened from view from adjacent
public streets and adjacent residential properties by a wall of the principal structure or a
screen wall constructed of the same materials as the principal structure.
G. Veterinary Services. All activities must be conducted within an enclosed building.
H. Garden Center.
September 2013 – Draft 11-6 Village Mixed Use District
1. The storage or display of any materials or products shall meet all setback requirements of a
structure, and shall be maintained in an orderly manner. Screening along the boundaries
of adjacent residential properties may be required, meeting the standards of Article 6,
Section 155.89.F.
2. All loading and parking shall be provided off-street.
3. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained
so as to prevent any effects on adjacent uses.
I. Automobile Maintenance Service and Automobile Parts/Supply.
1. All vehicle repairs shall be conducted in a completely enclosed building.
2. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet
all setback requirements of a structure, and shall be totally screened from view from
adjacent public streets and adjacent residential properties.
J. Live-Work Unit. The purpose of a live-work unit is to provide a transitional use type between a
home occupation and a larger commercial enterprise, and to provide neighborhood-oriented
commercial services, while maintaining a generally residential character in which the work
space is subordinate to the residential use.
1. The work space component shall be located on the first floor or basement of the building.
2. The dwelling unit component shall maintain a separate entrance located on the front or
side facade and accessible from the primary abutting public street.
3. The work space component of the unit shall not exceed thirty (30) percent of the total
gross floor area of the unit.
4. A total of two (2) off-street parking spaces shall be provided for a live-work unit, located
to the rear of the unit, or underground/enclosed.
5. The size and nature of the work space shall be limited so that the building type may be
governed by residential building codes. An increase in size or intensity beyond the
specified limit on floor area would require the building to be classified as a mixed-use
building.
6. The business component of the building may include offices, small service establishments,
home crafts which are typically considered accessory to a dwelling unit, or limited retailing
(by appointment only) associated with fine arts, crafts, or personal services. It may not
include a wholesale business, a manufacturing business, a commercial food service
requiring a license, a limousine business or auto service or repair for any vehicles other
than those registered to residents of the property.
7. The business of the live-work unit must be conducted by a person who resides on the same
lot. The business shall not employ more than two (2) workers on-site at any one time who
live outside of the live-work unit.
K. Parking Facility. Structured parking is permitted as a ground floor use within a mixed-use
building, provided that it is located on side or rear facades, not facing the primary abutting
street. The primary street-facing façade shall be designed for retail, office or residential use.
L. Outdoor Dining Accessory to Food Services. Outdoor dining is allowed as an accessory use in
the commercial districts, provided that tables do not block the sidewalk. A minimum of five
(5) feet of sidewalk must remain open.
§154.506 VMX District Design Review and Demolition Review
A. Design Review Process. All development activity within the VMX District shall be reviewed for
compliance with the standards in §154.506 and §154.507 and for consistency with the Lake
Elmo Design Standards Manual. Design review shall occur concurrently with the review of site
and building plans by the Zoning Administrator or Planning Commission.
September 2013 – Draft 11-7 Village Mixed Use District
B. Demolition Review Process. Applications for demolition of structures within the VMX District
shall be reviewed by the Planning Commission for compliance with the following standards.
1. Demolition Defined. The demolition review process shall be required for any work that
requires a demolition permit in accordance with Section 155.34 (A) of this Chapter.
Demolition does not include the removal of non-structural components of a building,
including, but not limited to, ornamental features, staircases, decks, balconies, and other
features.
2. No application to demolish any structure more than fifty (50) years old shall be approved
unless the applicant demonstrates:
a. That the rehabilitation of a structure or construction of a new structure will have a
greater positive impact upon the District’s economic vitality and appearance than the
preservation of the structure proposed to be demolished and the rehabilitation of the
structure or the construction of the new structure would not be possible or
economically feasible without the demolition of the structure proposed to be
demolished; or
b. That the applicant cannot obtain a reasonable economic return from the property or
structure unless the structure is demolished; or
c. That the structure has serious structural defects and represents a threat to public
health and safety, and that it is not economically feasible to repair these defects in a
manner consistent with this Ordinance.
3. No application for demolition shall be approved without concurrent approval of a plan for
construction of a new structure to replace the demolished structure that shall reinforce
and enhance the character of the District.
§154.507 VMX District Design Standards
Design standards within the VMX District are based on the recommendations of the Lake Elmo Design
Standards Manual, which shall be used as a reference for new development or rehabilitation of all
buildings within the district.
A. Building Placement and Design
B. Parking and Loading Requirements
C. Building Type Standards
D. Site Design
(TO BE COMPLETED)
§154.508 Accessory Uses and Structures.
Accessory uses are listed in the VMX District Use Table as permitted or conditional accessory uses.
Accessory uses and structures in the VMX District shall comply with the following standards and all
other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to
the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
September 2013 – Draft 11-8 Village Mixed Use District
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
§154.509 Residential Accessory Structures.
On parcels used for residential structures within the VMX District, the design and construction of any
garage, carport, or storage building shall be similar to or compatible with the design and construction
of the main building. The exterior building materials, roof style, and colors shall be similar to or
compatible with the main building or shall be commonly associated with residential construction.
A. Attached structures. An accessory structure shall be considered attached, and an integral part
of, the principal structure when it is connected by an enclosed passageway. All attached
accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages.
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the
primary façade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary façade; or
c. The width of the attached garage shall not exceed 60% of the width of the entire
principal building façade (including garage) fronting the primary street.
2. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground
floor level except by conditional use permit.
3. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached structures. Detached accessory structures shall be permitted in residential districts
in accordance with the following requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level
and shall not exceed a height of twenty-two (22) feet or the height of the principal
structure, whichever is higher. The maximum size and height may be increased upon
approval of a conditional use permit, provided that lot coverage requirements are
satisfied.
3. Pole barns, as defined herein, exceeding one hundred twenty (120) square feet shall be
prohibited.
4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
§154.510 Accessory Uses.
September 2013 – Draft 11-9 Village Mixed Use District
A. Exterior Storage on Residential Parcels. All materials and equipment shall be stored within a
building or be fully screened so as not to be visible from adjoining properties, except for the
following:
1. Laundry drying,
2. Construction and landscaping materials and equipment currently being used on the
premises. Materials kept on the premises for a period exceeding six (6) months shall be
screened or stored out of view of the primary street on which the house fronts.
3. Agricultural equipment and materials, if these are used or intended for use on the
premises.
4. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article
5, Section 155.67.
5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and
screened from view from adjacent properties.
6. Outdoor parking.
B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all
residential districts, limited to two (2) per calendar year per residence, not to exceed four (4)
days in length.
§154.511 Accessory Uses and Structures Not Listed.
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in Article 7, Specific Development Standards. These include uses
such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pools and solar equipment.
September 2013 – Draft 11-10 Village Mixed Use District