HomeMy WebLinkAboutPZ Packet 6-14-10LAKE City of Lake Elmo
EL M 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777 -5510 Fax: (651) 777 -9615
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The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, June 14, 2010, at 7:00 p.m.
r
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. December 14, 2009
b. April 26, 2010
4. Public Hearings
a. OP — OPEN SPACE PRESERVATION DEVELOPMENT CONCEPT PLAN
AND PLANNED UNIT DEVELOPMENT: General Concept Plan related to
a Farm School and Senior Living Project at 9434 Stillwater Boulevard North —
PID's: 15- 029 -21 -31 -0001 and 15- 029 -21 -31 -0003
5. Business Items
a. Distribution of Final Comprehensive Plan Submittal
6. Updates (Verbal)
a. City Council;
i. June 1, 2010 — Heath Variance — approved
ii. Malmquist Comprehensive Plan and Zoning Text Amendment —
approved
iii. Future meeting on Village Area
b. Staff Updates
c. Commission Concerns
7. Adjourn
DRAFT
City of Lake Elmo
Planning Commission Meeting
Minutes of December 14, 2009
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:05 p.m. COMMISSIONERS PRESENT: Bidon, Hall, Pearson, Van Zandt,
Williams, McGinnis, Van Erem. Absent: Britz, Fliflet, Ziertman, Pelletier; STAFF
PRESENT: Planning Director Klatt
Agenda
M/S/P Hall/Williams to approve the agenda as presented. Vote 9:0.
Announcements
Klatt informed the Planning Commission that City Planner Matzek was on maternity
leave.
Minutes
M/S /P Van Zandt /Pearson to accept the minutes of the October 26, 2009 meeting.
Motion carried; vote 7:0.
Pearson suggested a correction to the November 9, 2009 minutes to remove the septic
verbiage in the capital improvements discussion.
M /S /P Pearson /McZGinnis to accept the minutes of the November 9, 2009 meeting with
the stated correction. Motion carried; vote 7:0.
M /S /P Pearson/Williams to accept the minutes of the November 23, 2009 meeting.
Motion carried, vote: 7:0.
Business Item: Economic Development Activities
Klatt reviewed information on economic development, and discussed a policy document
that had been developed by the Planning Commission. The Commission has previously
drafted a list of potential economic development activities and standards for the City.
Klatt explained that the City Council had requested that the Planning Commission submit
feedback to City Council and work with the Council to develop a long range plan for
economic development. He noted that the City Administrator has recommended creating
a business advisory board that is represented by a variety of members. Staff
recommended that document be forwarded onto the City Council.
Bidon stated that he would like to see a reference to quality of life in the document
Williams noted that he though the list of activities should concentrate on what could be
done and not what should be done. He indicated that the list should be reduced and/or
prioritized.
Lake Elmo Planning Commission Minutes; 12 -14 -09
Van Zandt stated that attracting and sustaining business might go against the City's desire
to maintain its rural character. He noted that many other counties have lowered taxes to
attract and be aggressive to get businesses, and that we need to decide where we want to
be first.
Hall commented that a lot of the items are too general.
McGinnis suggested that the individual activities be grouped into broader categories,
noting that some are principles and some are strategies. She stated that Lake Elmo lacks
an overall vision for economic development and that the City is instead are making case
by case decisions.
Klatt explained that the original motion from the Council to the Planning Commission
asked them to identify what steps should be taken to formalize the review of economic
activity. He indicated that the draft activities and standards list is intended to make sure
both the Council and the Planning Commission are on the same page. He agreed that the
Commission could consider how to consolidate or group the activities, and that it might
also be advisable to first identify a broader set of goals that apply to economic
development.
McGinnis suggested reviewing other cities policies and plans.
Bidon commented that the City should develop in a may that development follows traffic
Williams recommended that the Commission use the Comprehensive Plan as a guide for
developing an overall list of activities.
M/S Willaims /Pearson to request that staff present to the Planning Commission what they
feel the is the appropriate section of the Comprehensive Plan that will provide the overall
vision that is intended to be addressed by economic development activities within the
City of Lake Elmo and then to work with the Commission to go through the list and
organize and prioritize it.
McGinnis stated that she does not think the Comprehensive Plan will provide the vision
in its entirety and suggested leaving the Commission's options open.
McGinnis suggested an amendment to the original motion to specify that sections from
Comprehensive Plan will be used to shape the vision and that Staff will assess other cities
to learn about their plans and processes.
M/S /P McGinnis /Pearson to request that Staff present to the Planning Commission what
they feel the appropriate section of the Comprehensive Plan that could be used to shape
the overall vision that is intended to be addressed by economic development activities
within the City of Lake Elmo and then to work with the Commission to go through the
list and organize and prioritize it and to further direct Staff to assess other cities to learn
about their plans and processes. Motion cared; vote 7:0.
Lake Elmo Planning Commission Minutes; 12 -14 -09 2
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Business Item: Ordinance Review
Klatt discussed that there are several Zoning and general City Code amendments that
need discussion including setback ordinances, exterior storage, sediment and erosion
control, special event permits and agricultural sales and related activities. Williams
suggested that Staff interview those who would be impacted by the agricultural sales
ordinance, and in particular, to assess how an ordinance might impact those who want to
sell produce from their buck.
Klatt stated that sales from a truck would be regulated as a wayside stand, which would
not be allowed in commercial zones. He also indicated that the Ordinance also states that
a wayside stand cannot sell produce from outside of Lake Elmo and that the Lake Elmo
code, unlike others, is very specific about what may be sold. He suggested that the City
focus on the short term on agricultural businesses.
Business Item: 2010 Commission Work Plan
Klatt reviewed a draft 2010 work plan with the Planning Commission. Williams
recommended increasing the priority level for planning south of 101' Street.
City Council Updates:
Klatt explained that the Council: adopted the proposed 5 -year capital improvement
program, approved a variance for Jim Burns, approved certain portions of the Country
Sun Farm request for a Conditional Use Permit and rezoning, and has conducted a
workshop on accessory buildings.
Adjournment:
The meeting was adjourned 8:55 p.m.
Respectfully submitted,
Kyle Klatt
Planning Director
Lake Elmo Planning Commission Minutes; 12 -1409
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City of Lake Elmo
Planning Commission Meeting
Minutes of April 26, 2010
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, Pelletier, Van
Erem, Van Zandt, Williams, and Ziertman. Absent: McGinnis and Pearson. STAFF
PRESENT: Planning Director Klatt, Planner Matzek.
Agenda
M/S /P, Williams /Gritz, move to approve agenda as presented. Vote: 9:0.
Minutes - March 22, 2010
M /S /P, Williams / Bidon, move to approve minutes as presented. Vote: 8:0. (Pelletier
abstained.)
Public Hearing: Comprehensive Plan Amendment and Zoning Text Amendment
Planning Director Klatt introduced the item and distributed a series of letters received
regarding the two items being discussed. He identified the two components being
discussed at the meeting is part of an application requiring four total components for a
proposed senior living and farm school development. The applicant is requesting the
Comprehensive Plan be amended for the property at 9434 Stillwater Boulevard North to
change the land use guidance from RAD (0.45 dwelling units per acre) to RAD2 (2
dwelling units per acre). The zoning text amendment is to change the city code to allow
town homes, a multi -unit building, and a farm school. Planning Director Klatt suggested
this may be most appropriately achieved by creation of a new overlay district.
Commissioner Williams asked which zoning districts would currently allow a farm
school.
Planning Director Klatt said that it may be allowed in the PF (Public and Quasi - Public
Facilities) District.
Commissioner Ziertman asked why a Planned Unit Development (PUD) was required.
Planning Director Klatt said that a PUD allows a mix of uses on a site and some potential
exceptions to the underlying regulations such as an increase in density allowed.
Council Member Anne Smith provided the commission with a brief history on the current
Comprehensive Plan.
Commissioner Hall expressed concern of setting a precedent of allowing the upzoning to
RAD2 for this parcel.
Planning Commission Minutes; 4-26 -10
it ; N 1
Planning Director Klatt said this level of review provides the city with the most discretion
to make those decisions. The city should also specify in findings why this location is
unique.
Tammy Malmquist, Applicant
Mrs. Malmquist introduced herself and spoke about her day care center and the
inspiration for the development. She explained the relationship she had with her
neighbor before he died and how the farmer had enjoyed her day care. From that
friendship she came up with the idea to combine a farm school with senior housing.
Jan Green, Property Owner
Ms. Green identified herself as the daughter of the farmer. She said she is supportive of
the application.
Tim Freeman, FFE — Surveyor and Engineer Firm for applicant
Mr. Freeman said a neighborhood meeting was held to allay concerns of the neighbors
before an application was submitted. He said the neighborhood was in support of the
application. He went through and addressed the Planning Director's concerns expressed
in the staff report.
Commissioner Hall said he was uncomfortable with the suggested movement of density
from one property to this one.
Mr. Freeman responded by saying they had thought it was more important to not add
units to the city, but would be supportive of the Planning Director's suggestion that this
property be allowed more units without taking from another area.
Commissioner Ziertman asked if allowing an increase in density on this parcel without
requiring it to come from another property would open this up to all properties to request
the same increase.
Council Member Anne Smith gave some background information on the RAD2
designation in the Comprehensive Plan and why the RAD2 district was created.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:29 P.M.
Kimberly Lipman, 8249 Deer Pond Court N
Ms. Lipman distributed a letter she wrote. She said she has lived in the Tri -lakes area for
15 years and is supportive of the proposed changes to the Comprehensive Plan. She said
she believes the project is needed and is consistent with the Comprehensive Plan. She
asked that her letter be added to the record.
Alan Kupferschmidl, 2769 Legion Avenue North
Mr. Kupferschmidt said he has been living in the city for 39 years and he wants to live
near the country, not near the railroad tracks in the Village Area. He is in support of the
project.
Planning Commission Minutes; 4-26 -10
DRAFT
Bob Crabtree, 3603 Lake Elmo Avenue
Mr. Crabtree said he has lived in the city for 66 years and is supportive of the application.
Julie Beutel, 3415 Jamaca Avenue North
Ms. Beutel said her mother had to move out of town as there is no living area for seniors
at this time and she is supportive of the application.
Vint Lewis, 3945 Granada Avenue North
Mr. Lewis said he is representing a man and his wife and read a letter in support of the
application on behalf of them as they are out of town on business.
Vicki Linnell, 9402 Stillwater Boulevard
Ms. Linnell stated that she has lived next to that property for 23 years. She is supportive
of the application and thinks it will be a positive addition for seniors and children to work
together. She will have access to walking trails that she never had available before.
Anne Smith, 12153 Marquess Lane N
Mrs. Smith said she believed the findings staff had written were not consistent with the
Comprehensive Plan she spent five months writing.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:49 P.M.
Planning Director Klatt said he had received information from Ed Neilson, who lives
directly to the west of the property stating he did not have any objections to the proposal.
Chairman Van Zandt stated there were eight letters in front of him in favor of the
application.
Commissioner Fliflet said she has a problem with the idea that senior housing could only
be located in the Village Area as there are varying personal preferences. She said that
senior housing does not necessarily mean not able- bodied.
Commissioner Pelletier asked Planning Director Klatt how this would affect the
Metropolitan Council population requirements for the city. She said her primary concern
is traffic safety and would like to know what MnDOT's response was.
Planning Director Klatt said MnDOT's response was that they would prefer the entrance
be off of Jamaca Comm, but does not say they will not accept the plan unless that is done.
He said that the overall population is established with sewered and non - sewered area
designations. He believes it is more critical to meet the sewered population identified.
Commissioner Pelletier asked if the bigger structure could be reduced and an increase in
the number of townhomes utilized instead.
Planning Commission Minutes; 4 -26 -10
Mr. Freeman said it would make the project not economically feasible to continue to have
an underground parking lot.
Mrs. Malmquist said some seniors would like a sense of community which is why the
bigger building is being proposed.
M /S /P, Hall/Ziertman, move to allow the applicant's property to be guided for RAD2 and
to leave densities on the remaining RAD2 parcels with the findings provided in the staff
report and to add that this was a working farm. Vote: 9:0.
Commissioner Williams stated that the proposal does not talk about affordability and that
the city will be penalized if development does not occur in the future sewered areas.
Mrs. Malmquist stated that her goal is to keep the project as affordable as possible.
Commissioner Fliflet wanted it noted that no one spoke against the development at the
meeting.
The commission took a five minute break and reconvened at 9:46 p.m.
Planning Director Klan introduced the second half of the item and gave information on
the proposed changes for the zoning text amendment.
Commissioner Fliflet asked why "N /A" was included in the chart.
Mr. Freeman stated that their proposal does not include internal lot lines and that a buffer
setback would function for the outer setback.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 10:03 p.m.
No one spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 10:03 p.m.
There was a general consensus of the commission for staff to move forward with the
creation of an overlay district instead of amending the existing code for OP
developments.
M /S /P, Williams/Pelletier, move to table the item in order to review the revised ordinance
being proposed. Vote: 9:0.
City Council Updates
Planning Director Klan provided a verbal update to the commission on the recent
discussions and decisions made by the City Council.
Adjournment:
Planning Commission Minutes; 4 -26 -10
DRAFT
The meeting was adjourned 10:10 p.m.
Respectfully submitted,
Kelli Matzek
Planner
Planning Commission Minutes; 4 -26 -10
Planning Commission
Date: 6/14/10
PUBLIC HEARING (CONT)
Item: 4a
ITEM: OP Open Space Preservation Concept Plan and Planned Unit Development
General Concept Plan related to a Farm School and Senior Living Project at 9434
Stillwater Boulevard North — Tz' : 15j029 -21 -31 -0001 and 15- 029 -21 -31 -0003
SUBMITTED BY: Kyle Klatt, Planning Director �C
REVIEWED BY: Kalil Matzek, City Planner
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to review a request for an Open Space Preservation (OP)
Development Concept Plan, and Planned Unit Development (PUD) General Concept Plan related to a
proposal to establish a 40 -unit senior living multi - family building, 10 townhouse units, and a farm - themed
preschool on property located at 9434 Stillwater Boulevard North, The City Council has recently
approved a Comprehensive Plan Amendment related to the proposed development in addition to a
revision to the Zoning Ordinance to create a new OP -2 Overlay District that will support the uses and
densities proposed with the concept plans.
ADDITIONAL INFORMATION:
The Commission opened the public hearing on this item at its May 10`h and May 24`' meetings, and
continued this hearing pending a final decision from the Council regarding the Comprehensive Plan
Amendment necessary for the project to move forward. Staff has attached the previous staff report
concerning this item with updated information, and would again ask Commissioners to bring the original
packet of application materials related to the Senior Living /Farm School proposal to the meeting to help
reduce duplicative copying for the meeting.
Since the initial report was prepared several weeks ago, Staff has suggested two additional conditions of
approval for consideration by the Commission and has incorporated conditions that were included as part
of the Comprehensive Plan amendment approved by the City Council. These new conditions proposed
by Staff would read as follows:
• The keeping of animals associated with the agricultural activities on the site shall comply with
all applicable City and Minnesota Pollution Control Agency requirements for the keeping of
domestic farm animals.
• The open space preservation areas shall be reviewed for potential inclusion as part of a
conservation easement protected by the Minnesota Land Trust.
The intent of the latter condition is to help the City evaluate the proposed conservation areas and to
determine whether or not these areas may qualify for easements through the Minnesota Land Trust.
The City Council conditions are referenced in the Staff report on this item and can be found as part of
Resolution No 2010 -017 as attached. Where appropriate, Staff has incorporated the Council conditions
into the original list of conditions drafted for previous meetings.
Prior to the May 10, 2010 Planning Commission meeting, Staff met with the applicant and her engineer,
and received some feedback regarding the proposed conditions of approval. Some of the more
significant issues discussed included the following:
• What is counted towards buildable land for determining the overall density for the site. The
applicant's engineer indicated that the City's past practice has been to include road right -of -way
in the calculation of buildable area.
• Whether or not the storm water facilities should be counted as open space within the
development. The applicant has pointed out that other open space developments approved by
the City have allowed storm water ponds to be located in open space areas.
• The applicant wanted to specifically note that the development is permitted to have access on to
Highway 5, and will be given permission for a new access by MnDOT.
• There was a question concerning who is responsible for extending water to the site, this question
was resolved and will not affect the condition of approval related to the water extension as drafted
by Staff.
From a procedural standpoint, the Planning Department has sent notification to the applicant that the City
has extended the 60 day review period to 120 days. The deadline for City action on this item is now July
22, 2010. If the Planning Commission takes action on the request on June 141h, the earliest the Council
would receive this recommendation would be July 6, 2010 based on the regular meeting schedule (a
review at a workshop meeting or special meeting is a possibility, but has yet to be discussed by the City
Council).
RECOMMENDATION:
Staff is recommending approval of the request from Tammy Malmquist, 8549 Ironwood Trail North, for an
Open Space Preservation (OP) Development Concept Plan, and Planned Unit Development (PUD)
General Concept Plan related to a plan for a 40 -unit senior living multi - family building, 10 townhouse
units, and a farm - themed preschool on property located at 9434 Stillwater Boulevard North, provided the
following conditions are met:
1) The applicant shall provide the City with either a statement of acknowledgement and consent
from the holder of the power line easement that runs along the northern portion of the
development site granting permission for the placement of a community septic system, septic
control building, and trails within this easement. As an alternative, the applicant may provide an
agreement that permits certain encroachments into the easement.
2) The application shall submit a storm water and erosion and sediment control plan as part of the
preliminary plan submissions that complies with the City's recently adopted Storm Water and
Erosion and Sediment Control Ordinance.
3) All storm water facilities required as part of the Storm Water Management Plan for the site that
the City Engineer recommends be maintained by the City shall be platted as outlots and deeded
to the City. The size and location of the outlots shall be sufficient to provide an adequate level of
buffering from adjacent properties to the satisfaction of the City Engineer.
4) In order to meet requirements for fire protection and adequate water service levels for the
proposed buildings, the utility plans shall provide for an adequately sized connection back to an
existing City water main. The plans for this connection will be subject to review and approval by
the City Engineer. The developer shall be responsible for all costs associated with providing a
minimum water service size of eight inches to an existing main of a larger size. The final plans
and financing, including any potential oversizing above eight inches requested by the City, shall
be included as part of a developer's agreement for the project.
5) The developer shall provide a secondary vehicular access to the proposed development, to be
devised and developed in conjunction with the City Planner and City Engineer, to include the
possibility of a temporary vehicular access until such time as a future area secondary collector is
designed and constructed. The developer shall be responsible for constructing this road with the
other site improvements necessary to serve the development unless an alternate plan for
construction of road improvements is accepted by the City Engineer.
6) The developer shall be responsible for the installation of all improvements to Stillwater Boulevard
North (State Highway 5) required by MnDOT and specified in a letter to the City of Lake Elmo
dated April 19, 2010. These improvements shall be included as part of the construction plans
submitted as part of a developer's agreement for the project.
7) The interior City Streets shall address the comments provided by the City of Oakdale Fire Chief,
acting on behalf of the City's emergency services personnel, in a letter to the City dated April 14,
2010.
8) The preliminary plans shall incorporate appropriate Buffers, Setbacks and Building Heights, as
determined by the Planning Commission and City staff, taking into consideration the necessity of
a secondary vehicular access, the proposed massing of development structures, and the impact
of such on adjoining properties, including, but not limited to, the following specific issues:
a. The preliminary plans shall accurately depict the proposed setback between the existing
structures and the future entrance road into the development. Compliance with front and
side yard setbacks as required under the Zoning Ordinance must be considered as a part
of future plan reviews by the City.
b. Additional buffering shall be provided between the proposed multi - family building and
adjacent wooded open space protection area.
C. A minimum buffer setback of 50 feet, which includes the proposed roadway system, shall
be maintained between the development site and any adjacent property. The City may
consider reductions to this setback consistent with the process to modify the OP District
Requirements specified in the OP Open Space Preservation Ordinance.
9) Any buildings required as part of the community septic system shall either be moved to a more
central location within the development or screened from view from adjacent properties.
10) The keeping of animals associated with the agricultural activities on the site shall comply with all
applicable City and Minnesota Pollution Control Agency requirements for the keeping of domestic
farm animals.
11) The open space preservation areas shall be reviewed for potential inclusion as part of a
conservation easement protected by the Minnesota Land Trust.
12) The preliminary plans shall incorporate the calculation of proposed development density
calculations NOT utilizing right -of -way area dedicated for State Highway 5.
13) The Planned Unit Development (PUD) and /or Development Agreement shall include specific
definitions for Senior Housing and Farm School and incorporate provisions for any future changes
regarding such uses to be reviewed and acted upon by the City Council as amendments to the
PUD.
14) The Planned Unit Development (PUD) and /or Development Agreement shall include specific
development phases and /or expectations for timely onset of development and construction
activity, beginning no later than 1 (one) year following final City approval of said development,
and provision for any future changes regarding such to be reviewed and acted upon by the City
Council and to include any future requirement(s) for participation in program designed by the City
to transfer density or development rights in accordance with the Comprehensive Plan, Zoning and
related ordinances, and development programs in effect at that time.
ORDER OF BUSINESS:
- Introduction .............. ............................... ...........................Kyle Klatt, Planning Director
- Report by staff .......... ............................... ...........................Kyle Klatt, Planning Director
- Questions from the Commission .......... ..........................Chair & Commission Members
- Applicant Comments ............................................... ............................... Chair facilitates
- Questions of the Applicant ................... ..........................Chair & Commission Members
- Open the Public Hearing.... ........... - ............................... ............ .......... ......... Chair
- Close the Public Hearing ........................................................ ............................... Chair
- Call for a motion ........................... ............................... ..........................Chair Facilitates
- Discussion of Commission on the motion ................... ..........................Chair Facilitates
- Action by the Planning Commission .... ..........................Chair & Commission Members
ATTACHMENTS:
1. Staff Report — RESUBMITTED (OP /PUD Concept Plan Review)
2. Council Resolution No. 2010 -017 (Approving a Comprehensive Plan Amendment)
3. Ordinance No. 08 -025 (Establishing an OP -2 Overlay District)
4. Staff Notes from 6/9/10 Public Information Meeting
5. Please Bring Materials Submitted at an Earlier Meeting (4126/10):
• Staff Report
• Concept Plan Narrative & Zoning Text Amendment
• Farm School and Senior Living Concept Plans
• Development Application Form
• Response to Incompletion Letter
• Review Comments:
Minnesota Department of Transportation
• Valley Branch Watershed District
• Oakdale Fire Department (Public Safety)
• City Engineer
• Future Land Use Map (Applicant's Site and RAD2 Areas)
• Aerial Image of Site
City of Lake Elmo Planning Department
OP Concept Plan and PUD Concept Plan
To: Planning Commission
From: Kyle Klatt, Planning Director
Meeting Date: 5110110 —RESUBMITTED AND UPDATED FOR 6114110 MEETING
Applicant
Tammy Malmquist
Owner:
Tammy Malmquist; Marlene Friedrich
Location:
9434 Stillwater Blvd N
Zoning:
RR — Rural Residential
Application The Planning Commission has previously received a packet with information
Summary: concerning an application from Tammy Malmquist, 8549 Ironwood Trail North, for a
Comprehensive Plan Amendment, Zoning Text Amendment, Open Space Preservation
(OP) Development Concept Plan, and Planned 'Unit Development (PUD) Concept
Plan. The individual elements of this request have been made to allow the
establishment of a 40 -unit senior living multi - family building, 10 townhouse units, and
a farm - themed preschool on a 30.9 acres parcel at 9434 Stillwater Boulevard North.
The request would incorporate the existing family care facility that is located adjacent
to this property at 9442 Stillwater Boulevard North. As the current owner of the 30.9 -
acre parcel, Marlene Friedrich has signed as a co- applicant to this request.
The Commission considered the first two components of this request on April 26`x' and
May 10`x', and is scheduled to continue a public hearing on the latter two items at its
next meeting. The staged review is intended to allow the City to consider the bigger
picture items first, and then advance with the detailed plan reviews as warranted. The
Planning Commission did recommend approval of the Comprehensive Plan and
Zoning Amendments, and the City Council has recently approved both of these
specific components of the overall application.
As it currently stands, the Planning Commission is being asked to take action as
follows at its June 14, 2010 meeting:
• Consider an Open Space Preservation (OP) Development Concept Plan as
described below. A public hearing has been previously opened and continued
for this item.
Consider a Planned unit Development (PUD) Concept Plan as described
below. A public hearing has also been opened and continued for this item.
The plans that are required as part of an OP Development and PUD request were
Application
Details:
submitted as part of a larger application package distributed to the Planning
Commission at its April 26, 2010 meeting. The Commission is being asked to bring
these materials to the next meeting as well to help reduce the amount of copying
needed for the next meeting. Please contact Staff if you need an extra copy of this
information prior to the meeting.
The four distinct components of the applicants request (and a status update from Staff)
are describes as follows:
Comprehensive Plan Amendment. The proposed amendment would change the
future land use designation of the parcel located at 9434 Stillwater Boulevard
North from RAD (Rural Agricultural Density— 0.45 dwelling units per acre) to
RAD2 (Rural Agricultural Density — 2 dwelling units per acre). This change is
necessary to move forward with the proposed development because the current
designation as RAD would limit the overall number of units on the site to 14 units
and the project that has been requested is for 51 units (1.7 units per acre), in
addition to the existing single family residential site and proposed farm school.
The applicant has proposed shifting density from an area guided for RAD2 west of
the applicant's property to this site in order to avoid any impacts to the overall
population projections in the Comprehensive Plan.
STATUS: The Planning Commission recommended approval of the
amendment on April 26h, and did not include a density transfer as part of
this recommendation. The City Council approved the Comprehensive Plan
Amendment at its June I, 2010 with several conditions of approval. The
specific action taken by the Council via Resolution No. 2010 -017 is attached
to this report and described more./ally below.
Zoning Text Amendments. The applicant has requested an amendment to the OP
Open Space Preservation Ordinance to add requirements for development in areas
that are guided RAD2, and more specifically, to amend the OP District to allow for
the proposed multi- family senior living facility and farm -based preschool. The
current OP Ordinance does not contain any provisions that would allow residential
development to exceed a density of 0.45 units per acre (or 18 units per 40 acres),
and although one section ties the maximum allowed density to the Comprehensive
Plan, another section very specifically limits densities in OP developments to 18
units per 40 gross acres of buildable land. The other proposed amendments to this
section include the following:
• Adding Multi- Family Senior Housing buildings (only in areas guided for
RAD2) and Farm Schools for preschool and school -aged children to the list
of allowable uses in an OP development.
• Reducing the minimum land area for an OP development from 40 to 20
acres in areas guided RAD2.
® Reducing the amount of contiguous land required in open areas from 10 to
5 acres for land guided RAD2.
n
Reducing the required buffer setback in areas guided RAD2 to 50 feet from
200 feet.
• Adding standards for Senior Housing Buildings in the OP minimum district
requirements table.
STATUS: The Planning Commission recommended approval of a new
overlay district using the standards proposed by the applicant and with some
additional language developed by Staff at its May 10, 2010 meeting. The
City Council considered the proposed OP -2 Overlay District at its June 1,
2010 and adopted Ordinance No. 08 -025 creating a new OP -2 Overlay
District and adding new definitions to the City Code. Tile adopted ordinance
is attached.for review by the Planning Commission.
OP — Open Space Preservation (OP) Development Concept Plan. The ultimate
objective of the Comprehensive Plan and Zoning Text Amendments described
above is to allow the development of a 40 -unit senior housing building, 10 -unit
townhouse development, and farm -based preschool on a 30.9 -acre property located
at 9434 Stillwater Boulevard North. With the adoption of a new OP -2 Overlay
District, the applicant is able to submit a request for the proposed development in
accordance with the requirements of the OP -2 Open Space Preservation Overlay
District. The first step in this process is the submission of a concept plan for
review, and all plans and information required as part of this submission have been
included as part of the overall application. A few of the details of this proposal
include the following:
• The Wunder Years day care would remain in its current location, and
would be updated along with the existing house at 9434 Stillwater
Boulevard North to match the proposed townhouses.
e A community septic system is planned to serve the development.
• One access is planned off Stillwater Boulevard to serve the project area in
the general location now used for access to the existing home and daycare.
• 50% of the project site area would be set aside as permanent open space in
accordance with the OP district requirements.
• An open green area is planned within the center of the development area
and a common architectural theme is planned throughout the development
area consistent with the past agricultural use of the property.
STATUS: A public hearing (continued) and consideration by the Planning
Commission on 6114110. The Staff report and recommendation is included
as part of this report.
Planned Unit Development (PUD) — Concept Plan. In addition to the OP
Development concept plan submission, the application also includes a request for a
Planned Unit Development concept plan. A PUD is necessary to move forward
with the applicant's request since the project includes a mix of uses and activities
that would otherwise not be possible under current zoning regulations. The PUD
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portion of the request will be considered by the City in conjunction with the
review schedule for the OP Development concept plan. The staff review will
group the concept plans together for the purpose of providing an analysis of the
request in a future report.
STATUS: A public hearing (continued and consideration by the Planning
Commission on 6114110. The Staff report and recommendation is included
as part of this report.
Property The applicant's property is located near the intersection of Jamaca Avenue North and
Information: Stillwater Boulevard North (Highway 5). The current uses consist of the original
Friederich family farmstead and related outbuildings and the Wunder Years day care
facility. Other than the agricultural fields, each of these uses would be considered a
permitted residential and/or agricultural use of the property. The 30.9 acre farmstead
is zoned RR — Rural Residential while the day care site is zoned R -1 Single Family
Residential and is 29,670 square feet (0.68 acres) in size. Each property currently has
its own access to Stillwater Boulevard via two driveways that are approximately 25
feet apart.
Other notable features of the farm property include a larger wooded area in the
northeast portion of the site (referred to as the "Oak Savanna" on the concept plans)
and gently rolling topography throughout the proposed project area. The 30.9 -acre
parcel extends westward to Jamaca Court North, and connects to this street via a
narrow connection point between two existing homes. The surrounding property uses
include single family homes zoned R -1 to the south and east along Stillwater
Boulevard, and agricultural uses located to the north and east that are zoned A —
Agriculture and RR — Rural Residential. The Washington County Landfill and
Sunfish Lake Park is located further to the north and northwest for the latter.
Applicable Section 150.175 through 150.189 OP Open Space Preservation
Codes: Describes the process and requirements associated with an OP Open Space
Preservation development. The applicant has requested an amendment to this
section of the City Code in order to allow a multi- family senior living building and
farm -based preschool as part of an OP development.
Section 154.020 Amendments
Outlines the process and requirements for requesting an amendment to the Zoning
Ordinance. Of particular interest, please note Subsection (J) which reads:
"Conformance with Comprehensive Plan. In granting or recommending any
rezoning or other permit provided for in this chapter, the Zoning Administrator,
the Planning Commission, or Council shall find that the proposed development
conforms substantially to the policies, goals, and standards of the Comprehensive
Plan."
Section 154.036 RR — Rural Residential
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"f0
Outlines the general requirements for the RR Rural Residential Zoning District in
Lake Elmo.
Section 154.070 through 154.075. Planned Unit Development
Describes the process and requirements for submitting an application for a Planned
Unit Development.
& General Site Overview
Site Data:
' '- M
Concept Plan
Analysis:
Lot Janes: SU.9 acres and 0.68 acres
Existing Uses: Single Family Residences /Agricultural /Agricultural Outbuildings
Existing "Zoning: RR — Rural Residential and R -1 Single Family Residential
Future Land Use: RAD — Rural Agricultural Density and Neighborhood Conservation
Property ldenttfacauonNumbers (PID): 15- 029 -21 -31 -0001 and 15- 029 -21 -31 -0003
Plan Review.
Rather than proving the Planning Commission with a lengthy review of both the OP
Development Concept Plan requirements and PUD Concept Plan requirements, Staff
is instead focusing its review on the major issues that need to be addressed prior to the
City's review of preliminary plans for the site. The City's recently adopted OP -2
Ordinance contains specific development standards the proposed project will need to
meet, while the PUD Ordinance includes special requirements and standards that are
more general in nature. Given the limited about of detail required at the concept plan
stage, it will be more appropriate to review all required standards with once a
preliminary plan is submitted.
One of the significant issues that Staff has identified with the project concerns the
overall densities being proposed, and specifically, how these densities are calculated.
The applicant is reporting that the gross area of the development parcel is 30.9 acre;
however, this figure includes over 6 acres that is subject to a MnDOT right -of -way
that extends well outside of the immediate project area. Under the current OP
Ordinance standards, the maximum density permitted is based on the amount of gross
acres of buildable land with a project area. If this requirement was applied to the
applicant's site, Staff would not consider the highway right- of-way to be buildable
land, and the applicant site would be calculated at 24.4 acres (or 6.5 acres less than
reported in the project description).
Please note that the City Code defines buildable land area as follows: "The gross Land
area less the unbuildable land area that includes hydric and restrictive soils, land with
slopes over 25 %, wetlands, and areas that cannot accommodate septic systems ". The
OP -2 Ordinance revisions as adopted include this language for "buildable land ". If
only buildable areas are counted, the applicant would be allowed 49 total units instead
of 51 (not counting the existing R -1 property).
As part of its review and approval of the Comprehensive Plan Amendment for the
property, the City Council specifically noted that the approval was contingent upon
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calculation of proposed density calculations NOT utilizing right -of -way area dedicated
for State Highway 5. Based on this determination, the applicant can still propose the
density shown on the concept plans if reviewed as part of a planned unit development
(PUD). A PUD allows density increases above the base zoning requirements of up to
5% for projects that meet certain criteria. In this case, the bonus would allow an
additional 2 units to bring the number back up to the requested amount. If the density
bonus is requested in this manner, than the City has the right to seek certain
enhancements to the PUD plans before granting the request.
Other issues associated with the concept plans that have been identified by Staff
include the following:
Easements. The community septic system (including drain field and septic
tanks), septic control building, and a portion of the trail system are all located
within a power line easement. The applicant will need to provide the City with
a statement of acknowledgement and consent (or an agreement to allow the
proposed improvements) from the easement holder prior to the City's
consideration of a preliminary plan with these facilities shown in their current
Iocation.
Storm Water and Erosion and Sediment Control. The application will need
to submit a storm water and erosion and sediment control plan as part of the
preliminary plan submissions that complies with the City's recently adopted
stone water ordinance. Additionally, the City Engineer has identified several
issues that need to be resolved prior to the preparation or these plans, noted as
follows:
• Whether or not any proposed storm water ponds should be included as
part of the open space calculations, or if these areas should be excluded
from these calculations. Staff is recommending that the storm water
ponds not be included as part of the required open space since these
facilities function as infrastructure needed to support the roads,
buildings, and other development that is proposed. The City has
historically allowed storm water ponds in open space /conservation
easement areas within OP developments.
• Who should be responsible for maintenance of the storm water
facilities. In the past the City has required that a homeowner's
association be responsible for the storm water ponds within their
development. This practice is not consistent with the City's updated
Surface Water Management Plan, which calls for greater City oversight
of surface water management infrastructure.
• At a minimum, the City's surface water management regulations
require that drainage and utility easements be provided to the City for
all ponding areas below the 100 -year flood elevation. As an alternative
to this arrangement, and assuming that the City will be responsible for
these areas, Staff is recommending that all storm water ponds be platted
as outlots within the development and deeded over to the City as a
requirement of plan approval. This arrangement would provide the
City with the most flexibility for dealing with these areas in the future
and help avoid any future conflicts over the City's ability to
management its storm water areas.
• If the City chooses to keep the storm water ponds as a private
responsibility for this development, at a minimum a storm water
maintenance agreement between the City and the developer should be
executed as part of the development plans. This agreement would
specify the standards for future maintenance and upkeep of the storm
water pond areas with the development.
• The City Engineer has recommended, regardless of eventual ownership
and responsibility, that the storm water features incorporate a minimal
buffer area between homes, roads, and other development on the site.
Since the applicant's project is quite different from other open space
developments that have been considered by the City in the past, and because
the Staff recommendations concerning the plans are being made under a new
storm water plan and ordinance, Staff is suggesting that the Planning
Commission consider the following options in making its recommendation to
the City Council:
1) Require all storm water ponds to be platted as outlets and deeded to the
City as a condition of approval. These outlots should incorporate
buffering from adjacent properties to the satisfaction of the City
Engineer. By definition, the City would assume future maintenance
responsibilities for the storm water ponds under this option. The
separation of the pond outlets from open space area would also remove
ponds from the required open space calculations.
2) Require drainage and utility easement to be dedicated on the plat for all
storm water ponds. The City would then have the option either a)
require private maintenance of the ponds through a maintenance
agreement or b) assume responsibility for the ponds as a public feature
dedicated by easement. Under this scenario, the ponds could either be
counted or not counted as open space.
Fire Protection1617ater Service. The utility plans as submitted depict an eight
inch service line providing water to the site, but this service line connects to
existing four inch lines to the west and south of the applicant's property. The
minimum pipe size necessary for the developer to provide adequate water
service levels to the proposed development is eight inches, which means the
current plan does not address the sizing deficiencies that exist outside of the
project area. In order to meet the requirements for service levels, the developer
will need to provide an eight inch connection back to the existing water mains
in the area, one of which is located long Jamaca Avenue and the other of which
is located south of Stillwater Boulevard. In order to address this deficiency,
the utility plan must be revised to show an adequately sized connection back to
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the City's existing mains to the satisfaction of the City Engineer. It is Staff's
recommendation that the developer be responsible for all costs associated with
this project, and that all final details, including any potential oversizing by the
City beyond minimum service levels needed for the site, be addressed as part
of the developer's agreement for the project.
Transportation/Access. Staff has identified long -term concerns with the
proposed access and lack of connectivity from the proposed development site
to other properties eligible for future development in the area. Of particular
concern is the lack of a planned secondary access for the site that could
provide an alternate access to the buildings on the site. The proposed access to
Highway 5 also does not meet the City's access spacing guidelines, and
without addressing the need for connectivity to other adjacent developable
parcels, the development plans are at odds with the City's recently completed
transportation plan that encourages controlling access to major roadways in the
future. Regardless of these issues, the applicant will still be permitted to
access Highway 5 based on the comments submitted by MnDOT, since there
are no access restrictions along this portion of Highway 5.
In order to address the City's concerns regarding future access connecetions,
Staff is recommending that the development plans be revised to show at least
one additional connection outside of the project area, to be built with the
proposed project. Since there are a few difference ways to accomplish this
connectivity, Staff is suggesting that the developer consider the following
options:
• Provide right -of -way and build a road connection either to the north
(preferred) or to the east of the proposed development that could be
used in the future to provide connectivity to the adjacent parcel_ If this
access is gained to the north, it could eventually lead to a secondary
access off of Jamaca Avenue North.
• Provide a dedicated access to the north or east, but leave the eventual
construction of this road to a Later date in the future.
• Provide right -of -way and build a road connection back to Jamaca Court
North from the proposed building site.
• Provide a limited access, emergency vehicle -only connection to Jamaca
Court North that could be eliminated when other properties in the area
are developed.
• Prepare a plan that uses a combination of the recommendations above
and that accomplishes the objectives of a) providing a secondary access
in the short terni and b) provides for future connectivity and secondary
access in the future.
Due to the size of the proposed development (and in particular, the number of
residential units that will be accessing the highway), it is Staff's
recommendation that the City require a secondary access be planned and
constructed as part of the project. The preferred option is to have a connection
made to one of the adjacent properties, which will help ensure that as adjacent
properties are developed in the future there will be more than one way in an
out of each project area. Another reason for taking this approach is to help
minimize the number of new connections that might be required in the future
to the major road corridors in the City. As other properties develop in the
future, it may even be possible to eliminate the proposed access to Highway 5
for one that meets the City and State's access spacing guidelines.
Other transportation issues that will need to be addressed include constructing
the improvements required by MnDOT to the Highway 5 at the entrance to the
development, and addressing the concerns expressed by the Oakdale Fire Chief
concerning the interior road network.
Buffering /Setbacks. With an application for an OP Development and PUD
Concept Plan, the City does not require a significant level of detail to be
provided on the site, and certainly not to the degree that will be needed on
future plan submissions. There are a few issues that should be considered as
these latter plans are developed:
® The entrance road into the development does not appear to leave
enough room between the existing structures to meet required setbacks
in either the OP District or R -1 District. Staff estimates that there is
slightly over 120 feet between the closest two buildings, which would
theoretically leave adequate room for a 60 -foot right -of -way and street.
The applicant's concept plans showing a divided roadway entrance may
not leave enough room for required setbacks.
• Staff is recommending that additional buffering be provided between
the "oak savanna" open space and the multi- family structure. This area
has been identified as the prime open space with the project area and
steps should be taken to provide as much protection as possible for the
oak trees and other natural features in this part of the site.
• The proposed OP -2 Ordinance Revisions still include a minimum
buffer setback of 50 feet that is not being met by the proposed plans. In
particular, the access road and driveways associated with the
townhouses are come within 10 feet of the adjacent single family
residential lots.
Landscaping. The landscape plan that is submitted with the preliminary
development plans will need to comply with the OP Ordinance provisions, and
the concept plan does not appear to meet these requirements. The OP
Ordinance requires 1 tree every 30 feet along a public boulevard, and 10 trees
per building site. This issue should be addressed when the more detailed
preliminary plans are submitted to the City for review.
General Issues. Staff would like to note that as pal of future reviews, the
applicant will need to provide more detailed architectural plans for the
buildings on this site, and that these plans are a crucial component of the
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Planned Unit Development concept. Also, the keeping of animals is associated
with the faming activity /preschool will need to comply with any State and City
requirements concerning domestic fans animals. Finally, staff recommends
that any buildings required as part of the community septic system be either
moved to a more central location within the development or screened from
view from adjacent properties.
The concept plan is the first step in the process of moving forward with an Open
Space Development and Planed Unit Development. The next stages will be a
preliminary plan (and preliminary plat) followed by a final plan (and plat). With the
additional detailed required at these stages, Staff will be able to conduct a much more
throughout review for compliance with the City's development standards. Conditions
of approval to address the issues notes above have been drafted for consideration
along with the Staff recommendation found below.
As mentioned above, the City Council adopted the proposed Comprehensive Plan and
City Council Zoning Amendments related to this project at its June 1, 2010 meeting. Please note
Action: that the Council Resolution approving the Comprehensive Plan amendment included
several conditions of approval that must be met in order for the amendment to become
effective. These conditions can be summarized as follows:
• Requires final approval of all related zoning amendments and plan
submissions (including preliminary and final Open Space and PUD plans)
in order for the Comprehensive Plan amendment remain valid.
• Requires certain revisions or actions related to the development plans for
the project.
• Directs the Planning Commission to take specific action related to the
request or address broader issues associated with the Comprehensive Plan.
Staff has either incorporated Council conditions that would impact the preparation of
preliminary plans for the project as part of the original staff recommendation on the
concept plans, or has directly added these conditions to the list previously prepared by
Staff.
The Council further adopted Ordinance No. 08 -025 adding a new OP -2 Overlay
District to the City's Zoning Ordinance. This Ordinance has been revised somewhat
from the original recommendation made by the Planning Commission, most notably to
add definitions consistent with State Statutes concerning preschools, day care centers,
and educational institutions. The Council also reduced the maximum height requested
for multi- family senior buildings and other minor modifications requested by the
applicant with the understanding that flexibility from these standards could be
considered as part of the PUD request.
One of the conditions that the Council included with the Comprehensive Plan approval
Public directed Staff to prepare a Proposed Development Fact Sheet and conduct a public
Information information meeting concerning the project proposal. A fact sheet has been prepared
Meeting: I and was distributed to a wide area surrounding the subject property. In addition, the
Planning Department conducted a public information meeting on June 9, 2010 to
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provide information and discuses the project at an informal review session. 24 people
attended this meeting, and the attached notes summarize the comments that were
received. The majority of comments received focused on transportation issues and
secondary access options, and no one in attendance supported a permanent road
connection to Jamaca Court North.
Conclusion: Based on the report and analysis provided above, Staff is recommending that the
Planning Commission recommend approval of the requests for a OP Development
Concept Plan and a Planned Unit Development General Concept Plan, with several
conditions of approval.
Additional Comments have been received for all four aspects of the applicant's request from
Information: MnDOT, Valley Branch Watershed District, the City of Oakdale Fire Department, and
the City Engineer are attached for consideration by the Planning Commission, and
were submitted as part of the previous Planning Commission meeting packet.
Recommendation:
Staff is recommending that the Planning Commission recommend approval of the
request fiom Tammy Malmquist, 8549 Ironwood Trail North, for an Open Space
Preservation (OP) Development Concept Plan, and Planned Unit Development (PUD)
General Concept Plan related to a plan for a 40 -unit senior living multi - family
building, 10 townhouse units, and a farm- themed preschool on property located at
9434 Stillwater Boulevard North, provided the following conditions are met:
1) The applicant shall provide the City with either a statement of
acknowledgement and consent from the holder of the power line easement that
runs along the northern portion of the development site granting permission for
the placement of a community septic system, septic control building, and trails
within this easement. As an alternative, the applicant may provide an
agreement that permits certain encroachments into the easement.
2) The application shall submit a stone water and erosion and sediment control
plan as part of the preliminary plan submissions that complies with the City's
recently adopted Stone Water and Erosion and Sediment Control Ordinance.
3) All storm water facilities required as part of the Storm Water Management
Plan for the site that the City Engineer recommends be maintained by the City
shall be platted as outlots and deeded to the City. The size and location of the
outlots shall be sufficient to provide an adequate level of buffering from
adjacent properties to the satisfaction of the City Engineer.
4) In order to meet requirements for fire protection and adequate water service
levels for the proposed buildings, the utility plans shall provide for all
adequately sized connection back to an existing City water main. The plans
for this connection will be subject to review and approval by the City
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Engineer. The developer shall be responsible for all costs associated with
providing a minimum water service size of eight inches to an existing main of
a larger size. The final plans and financing, including any potential oversizing
above eight inches requested by the City, shall be included as part of a
developer's agreement for the project.
5) The developer shall provide a secondary vehicular access to the proposed
development, to be devised and developed in conjunction with the City Planner
and City Engineer, to include the possibility of a temporary vehicular access
until such time as a future area secondary collector is designed and
constructed. The developer shall be responsible for constructing this road with
the other site improvements necessary to serve the development unless an
alternate plan for construction of road improvements is accepted by the City
Engineer.
6) The developer shall be responsible for the installation of all improvements to
Stillwater Boulevard North (State Highway 5) required by MnDOT and
specified in a letter to the City of Lake Elmo dated April 19, 2010. These
improvements shall be included as part of the construction plans submitted as
part of a developer's agreement for the project.
7) The interior City Streets shall address the comments provided by the City of
Oakdale Fire Chief, acting on behalf of the City's emergency services
personnel, in a letter to the City dated April 14, 2010.
8) The preliminary plans shall incorporate appropriate Buffers, Setbacks and
Building Heights, as determined by the Planning Commission and City staff,
taking into consideration the necessity of a secondary vehicular access, the
proposed massing of development structures, and the impact of such on
adjoining properties, including, but not limited to, the following specific
issues:
a. The preliminary plans shall accurately depict the proposed setback
between the existing structures and the future entrance road into the
development. Compliance with front and side yard setbacks as required
under the Zoning Ordinance must be considered as a part of future plan
reviews by the City.
b. Additional buffering shall be provided between the proposed multi -
family building and adjacent wooded open space protection area.
C. A minimum buffer setback of 50 feet, which includes the proposed
roadway system, shall be maintained between the development site and
any adjacent property. The City may consider reductions to this setback
consistent with the process to modify the OP District Requirements
specified in the OP Open Space Preservation Ordinance.
9) Any buildings required as part of the community septic system shall either be
moved to a more central location within the development or screened from
view from adjacent properties.
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10)'1'he keeping of animals associated with the agricultural activities on the site
shall comply with all applicable City and Minnesota Pollution Control Agency
requirements for the keeping of domestic farm animals.
11) The open space preservation areas shall be reviewed for potential inclusion as
part of a conservation easement protected by the Minnesota Land Trust.
12) The preliminary plans shall incorporate the calculation of proposed
development density calculations NOT utilizing right -of -way area dedicated
for State Highway 5.
13) The Planned Unit Development (PUD) and /or Development Agreement shall
include specific definitions for Senior Housing and Farm School and
incorporate provisions for any future changes regarding such uses to be
reviewed and acted upon by the City Council as amendments to the PUD.
14) The Planned Unit Development (PUD) and/or Development Agreement shall
include specific development phases and /or expectations for timely onset of
development and construction activity, beginning no later than I (one) year
following final City approval of said development, and provision for any future
changes regarding such to be reviewed and acted upon by the City Council and
to include any future requirement(s) for participation in program designed by
the City to transfer density or development rights in accordance with the
Comprehensive Plan, Zoning and related ordinances, and development
programs in effect at that time.
The Planning Commission should consider the following options:
A) Recommend denial of the Concept Plan Submissions with findings of fact that
show the plans are not consistent with the Comprehensive Plan (either existing
or as proposed by the applicant), or that the Concept Plans do not meet the
requirements of the OP Open Space Preservation or PUD Ordinance.
B) Table taking action on the Concept Plans in order to request additional
information from either staff or the applicants.
C) Recommend approval of the Concept Plans with revised /new /fewer conditions
than recommended by Staff. Staff has also provided some alternatives
regarding some of these conditions that should also be considered by the
Planning Commission.
cc: Tammy Malmquist, 8549 Ironwood Trail
Tim Freeman, Folz, Freeman, Erickson, Inc.; 12445 55`x' Street N
i, TY OF LAKE ELMO
RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO
COMPREHENSIVE PLAN
WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a
compilation of background data, policy statements, standards, and maps, which help to guide the future
physical, social, and economic development of the City; and
WHEREAS, Tammy Malmquist, 8549 Ironwood Trail North, ( "Applicant') has submitted an
application to the City of Lake Elmo ( "City") to amend the Lake Elmo Comprehensive Plan, a copy of which
is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted along with multiple
zoning requests necessary for the Applicant to move forward with a proposed multi - family senior living
facility and farm -based preschool project; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on April 26, 2010 to
consider the request to amend the Comprehensive Plan; and
WHEREAS, on April 26, 2010 the Lake Elmo Planning Commission adopted a motion to
recommend that the City Council approve the request to amend the Comprehensive Plan; and
WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the
proposed amendment to the Comprehensive Plan at meetings held on May 4th, May 18th, and May 25th,
2010.
NOW, THEREFORE, based upon the testimony elicited and information received, the City Council
makes the following:
FINDINGS
1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the
procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning
Commission.
2) That the request to is to amend the Future Land Use Map (Man 1 n Chapter III —Land Use Plan) in
the Lake Elmo Comprehensive 'Plan and to specifically change the future land use designation of the
parcel located at 9434 Stillwater Boulevard North from RAD (Rural Agricultural Density — 0.45
dwelling units per acre) to RAD2 (Rural Agricultural Density — 2 dwelling units per acre).
3) That the Comprehensive Plan Amendment will apply to property legally described in the attached
Exhibit "A"
4) That the current use of the site as a working farm is unique compared to other properties designated
for RAD development in the Comprehensive Plan.
5) That the proposed project associated with the Comprehensive Plan Amendment will help fulfill a
need for senior housing within the community.
6) That recent subdivisions in areas guided for RAD development have been approved at a density
below the unit levels anticipated in the Comprehensive Plan. The proposed density increase will be
offset by reductions that have previously been approved or acknowledged by the City.
7) That the site is located in close proximity to public transportation along State Highway 5, and
specifically, a bus route that could provide alternate transportation options for seniors.
8) That the site is located immediately adjacent to existing R -1 Single Family Residential zoning
districts along its southern, eastern, and western boundaries. Other areas guided for RAD
development are primarily surrounded by rural residential, agricultural, or public open space uses.
NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City
Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan, subject to
and contingent upon the following general criteria:
1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of
formal notification from the Metropolitan Council that its review has been completed and approved.
Acknowledgement of these comments and final adoption of the Comprehensive Plan Amendment
will require formal action by the City Council.
2) City Council approval of Zoning Ordinance Text or Map Amendments necessary for the Applicant's
project to be satisfactorily considered by the City.
3) City Council approval of a satisfactory Final Open Space Preservation (OP) Development Plan
associated with the Applicant's request to amend the Comprehensive Plan,
4) City Council approval of a satisfactory Planned Unit Development (PUD) Final Plan and associated
documentation associated with the Applicant's request to amend the Comprehensive Plan and
execution of same by the Applicant.
5) City Council approval of site development and details.
6) Approval by the City of corresponding architectural and design standards, stormwater management
and pending design and facilities and other requested development approvals.
7) Approval by the City of necessary development related documents including, PUD Agreement,
development agreements, use covenants and other materials in a form satisfactory to the City.
8) Compliance with all conditions of approval established hereunder or under subsequent review of this
or related requests.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that in addition to the foregoing, the Lake
Elmo City Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan,
subject to and contingent upon the following specific criteria:
1) Preparation by the City of Lake Elmo of a Proposed Development Fact Sheet, to be distributed
to the residents and property owners of the area surrounding the proposed development,
invitation to the same to an information meeting on the proposed development, and solicitation
to the same of comments regarding the proposed development, with results provided to the City
Council prior to final adoption of the Open Space Preservation Development and Planned unit
Development (PUD) plans;
2) Provision by the Applicant of a secondary vehicular access to the proposed development, to be
devised and developed in conjunction with the City Planner and City Engineer, to include the
possibility of a temporary vehicular access until such time as a future area secondary collector is
designed and constructed;
3) Provision of appropriate Buffers, Setbacks and maximum height elevation, as determined by the
Planning Commission and City staff, taking into consideration the necessity of a secondary
vehicular access, the proposed massing of development structures, and the impact of such on
adjoining properties;
4) Calculation of proposed development density calculations NOT utilizing right -of -way area
dedicated for State Highway 5;
5) Inclusion within the Planned Unit Development (PUD) and/or Development Agreement of
specific definitions for Senior Housing and Farm School and provision for any future changes
regarding such uses to be reviewed and acted upon by the City Council as amendments to the
PUD; and
6) Inclusion within the Planned Unit Development (PUD) and/or Development Agreement of
specific development phases and/or expectations for timely onset of development and
construction activity, beginning no later than I (one) year following final City approval of said
development, and provision for any future changes regarding such to be reviewed and acted
upon by the City Council and to include any future requirement(s) for participation in program
designed by the City to transfer density or development rights in accordance with the
Comprehensive Plan, Zoning and Related Ordinances, and development programs in effect at
that time.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, in approving this Amendment to the
Comprehensive Plan, the Lake Elmo City Council hereby commits to undertaking the following necessary
planning activities:
1) Directs to Planning Commission to complete its review and analysis and forward its
recommendations regarding the Open Space Preservation Development and Planned Unit
Development (PUD) plans relating to this proposed development as expeditiously as
possible;
2) Directs City staff to schedule and facilitate timely consideration by the Lake Elmo City
Council of planning efforts for timely development of the Old Village area and I -94 /10th
Street Corridor area; and
3) Directs City staff to develop for timely consideration by the Lake Elmo City Council of
mechanisms for facilitating transfer of density or development rights among various
properties and classifications, in accordance with the goals and objectives of the
Comprehensive Plan, Old Village Area Plan, and related land use and zoning objectives.
Passed and duly adopted this 1 st day of June 2010 by the City Council of the City of Lake Elmo, Minnesota.
ATTEST:
Bruce Messelt, City Administrator
Dean A. Johnston, Mayor
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-025
AN ORDINANCE ADDING AN OP-2 OPEN SPACE PRESERVATION
OVERLAY DISTRICT TO THE CITY CODE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General
Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to
eliminate existing definitions as follows:
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General
Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to
add the following definitions in alphabetical order with the already existing definitions:
ELDERLY HOUSING (SENIOR HOUSING). A facility consisting of three or more
dwelling units, the occupancy of which is limited to persons 55 years of age or older. The
facility may include medical facilities or care as an accessory use. Senior housing shall typically
consist of multiple - household attached dwellings, but may include other forms of attached or
detached dwelling units as part of a wholly owned and managed senior project.
SENIOR HOUSING. See Elderly Housing.
PRESCHOOL. A licensed facility for the organized instruction of children who have not
reached the age for enrollment in kindergarten. Does not include school -aged child care.
FARM SCHOOL. A facility that supports a school program that emphasizes fostering a
child's intellectual, social, physical, and emotional growth, using farm animals, agriculture, and
nature as the learning environment and conducted as part of an operational farm.
DAY CARE CENTER - Any facility licensed by the Minnesota Department of Human
Services and operated for the purpose of providing care, protection, and guidance to 14 or more
individuals during only part of a twenty -four hour day. This term includes nursery schools,
preschools, day care centers for individuals, and other similar uses but excludes public and
private educational facilities or any facility offering care to individuals for a full twenty -four
hour period.
SCHOOLS, PUBLIC AND PRIVATE — Establishments at the primary, elementary,
middle, junior high, or high school level that provide state mandated basic education. Accessory
uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or
after school day care. Examples include public and private daytime schools, boarding schools,
and military academies. Exemptions: 1) Preschools are classified as Day Care Facilities, and 2)
Business Schools and Professional Private Trade Schools.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, by adding the following language:
§ 154.067 OP -2 — OPEN SPACE PRESERVATION OVERLAY DISTRICT.
(A) Purpose. The purpose of the Open Space Preservation Overlay District (OP -2) is
to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands,
corridors, and other significant natural features while allowing residential development
consistent with the goals and objectives of the city's Comprehensive Plan. This type of
development will allow an alternative to large lot, single - family housing and will reduce the cost
of constructing and maintaining public facilities and infrastructure. The OP -2 Overlay District
allows for higher density development than is permitted under the OP District regulations at a
density of up to 2 units per acre. In addition to single - family residences and townhouses, multi-
family housing for seniors is permitted in this district.
(B) General regulation. All regulations governing the OP Open Space Preservation
District, Sections 150.175 through 150.189, shall also apply to properties zoned OP -2 Open
Space Preservation Overlay District except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the OP -2
Overlay District shall be the same as in the OP District and also include the following:
(1) Senior Housing
(2) Farm Schools for pre - school children and school -aged children.
(3) Townhouses (no more than 50% in any development)
(D) Development Standards. The development standards for the OP District shall
also apply to properties zoned OP -2 Overlay District unless modified by 4/5 affirmative votes of
the City Council and with the following exceptions:
(1) All development within an OP -2 district shall only be permitted as a
Planned Unit Development. All requests for flexibility from the standards of this Section shall
be considered and documented as part of a request for a Planned Unit Development.
(2) The minimum land area for an OP -2 conditional use permit is a nominal
contiguous 20 acres.
��•,� c:r ilJ-xJG
(3) Not less than 60% of the preserved open space shall be in contiguous
parcels of not less than 5 acres.
6 i-t6
(4) Buffer zones. A 100 foot setback shall be provided between the property
line of the abutting parcel and any structure and a 50 foot setback shall be provided between the
property line and any driving surface within an OP -2 development.
(5) Densities. The maximum dwelling unit density shall be 2 units per gross
acres of buildable land.
(7) Domestic Farm Animals. The keeping of domestic farm animals related to
an agricultural use or farm -based preschool within a development shall comply with all
applicable City and MPCA requirements related to livestock and other domestic farm animals.
(7) Minimum District Requirement. The minimum district requirements in the
OP -2 Overlay District shall be the same as in the OP Zoning District except as noted below:
OP -2 Overlav District
Senior Housing
Buildings
Farm -based
Preschool
Maximum Building Height:
Primary Structure
2 stories or 35 feet
35 feet
Accessory Structure
25 feet
25 feet
Minimum Lot Width:
%z acre lot; I acre lot
NA
NA
Maximum Impervious Surface Coverage:
Calculated on a development -wide
basis
25%
25%
Minimum Setback Requirements:
Front Yard
20 feet
30 feet
Side Yard
10 feet
10 feet
Corner Lot Front
20 feet
30 feet
Comer Lot Side Yard
20 feet
30 feet
Well From Septic Tank
50 feet
50 feet
OP -2 Overlay District
Senior Housing
Buildings
Farm -based
Preschool
Minimum Lot Size:
Individual Well and
Septic System
NA
NA
Individual Well and
Communal Drainfield
6,000 square feet per
unit
NA
SECTION 4. Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo,
SECTION 5. Adoption Date
This Ordinance No. 08 -025 was adopted on this 1" day of June 2010, by a vote of Ayes and
_ Nays.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
This Ordinance No 08 -025 was published on the _ day of 2010.
Open House held at Lake Elmo City Nall
Malmquist Application — Senior Housing and Farm School at 9434 Stillwater
Blvd. N
June 9, 2010
In Attendance: 24 attendees, Tammy Malmquist (applicant), Kyle Klatt (Planning
Director), Kelh Matzek (City Planner)
Comments /Questions:
• Timeframe for construction to begin?
• Secondary access — required or optional?
o Everyone from neighborhood would like no connection to Jamaca Ct
• Possible connection to the East?
• What is the project going to cost? To the taxpayers?
• Where is the 4 -inch water pipe coming from? Ideal Avenue well?
• How far back does the pipe need to be replaced? On which road?
• If Jamaca Ct is another access
• What road upgrades will be needed? Widening? Not adequate currently
• Emergency vehicles would have to go past the property, through
roundabout and around to use this second access — long way around and
doesn't make sense
• It will increase the speed of vehicles on Jamaca Ct N
• Clarify potential East and North access roads for secondary access
• Could the development be sold to another developer?
• Could it turn into rental units?
• Description of trails? Width? Type?
• Timing of roundabout? How many lanes?
• Should consider a left hand turn lane as it is unsafe for seniors to take a left hand
turn off of Jamaca Avenue onto Hwy 5
• Was stop light or stop sign considered for Hwy 5 at the location of the
development's driveway entrance?
• Any plans to reduce speed on Highway 5?
o Applicant stated that MnDOT told her signs would be posted identifying
20 mph 1,500 feet on both sides of the roundabout
• Could a metered stop light be considered so it would be tripped by someone
leaving the development and would otherwise stay green for Hwy 5 users?
• What were MnDOT recommendations?
• 31" Street's access to Hwy 5 should be addressed and thought through with the
escape lane to be added with this application
• It would make more sense to have another access to the North so when that
property would develop another access point could be made
• How would the general public be deterred from using an emergency access only
road connecting to Jamaca Ct N?
• Where would people park to use the public trails in the development?
• How does it work to have a public trail through private land?
o Are trails going to change from what is shown in the concept plan?
o How can a buffer setback for a barn be reduced to zero? It shouldn't be zero.
o Concern there is no limit on height for barns.
o This property does not have enough acreage as required for a farm
o Not a farm, but a farm - themed school
o Could they build another barn on the site without a height requirement?
o What animals can they have?
o It is only 20 acres
o A buffer is needed from the barn to the edge of the development — concern about
smells and noise
o Buffer could be reduced to zero and that shouldn't be an option
o Developer has done a nice job trying to address issues
o Signed petition from Jamaea Court residents stating their opposition to an access
being added to Jamaca Court
Planning Commission
Date: 6114/10
Comprehensive Plan Completion Items
Business Item
Item: 5a
AGENDA ITEM:
Distribution of Final Version of 2030 Comprehensive Plan Update
SUBMITTED BY:
Kelli Matzek, City Planner
REVIEWED BY:
Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review and recommend final adoption of the revised 2030
Comprehensive Plan based on the Metropolitan Council's acceptance of this document at its March 24,
2010 meeting. The action by the Met Council grants Lake Elmo authorization to put the 2030 Update into
effect.
Minnesota law requires each local governmental unit to formally adopt the comprehensive plan after the
Metropolitan Council's final action. In cases where Metropolitan Council has recommended changes, the
local government should incorporate them into the plan or respond to the Council before the governing
body finally adopts the comprehensive plan. In Lake Elmo's situation, the Met Council did make several
recommendations concerning changes, in addition to the suggestions the City previously received from
adjoining communities (primarily Washington County). The requested changes were not significant and
all have been incorporated in one form or another into the final document by Staff.
RECENT COMPREHENSIVE PLAN HISTORY
• In December 2008, the Metropolitan Council granted the City of Lake Elmo's request for an
extension until May 29, 2009, to update its Comprehensive Plan and submit the document for
review.
• The City submitted the updated chapters to the Metropolitan Council (Parks and Open Space
Plan, Transportation Plan, Water Supply Plan, Surface Water Management Plan, Protection of
Special Areas Plan) for review on May 29, 2009.
• The City of Lake Elmo provided copies of the Comprehensive Plan update to adjoining
communities in May of 2009.
• The City received a response letter from the Metropolitan Council on June 19, 2009 that noted
four elements of the plan deemed incomplete: Government Unit Review, Community and
Individual Sewage Treatment Systems (ISTS), Housing, and Implementation.
• The City Council authorized staff to submit information to the Met Council in response to the
notice of incompletion regarding the 2030 Comprehensive Plan Update on November 17, 2009.
• The City received notification from the Met Council on January 13, 2010 that the Comprehensive
Plan Update was deemed complete for review.
• The Met Council completed its review of the Comprehensive Plan Update at its March 24, 2010
meeting and authorized the City of Lake Elmo to put the Plan into effect.
ADDITIONAL INFORMATION:
The Local Surface Water Management Plan has not been accepted by the Valley Branch Watershed
District. In order to gain their approval, some modifications may be necessary and is therefore not ready
in a final form.
RECOMMENDATION:
The Planning Commission is being asked to accept the revised 2030 Comprehensive Plan and
recommend forwarding the document to the City Council to take final action to put the plan into effect.
Suggested Motion: "Move to recommend acceptance of the 2030 Comprehensive Plan Update in
final form"
ATTACHMENTS:
1. Lake Elmo's 2030 Comprehensive Plan (CD -ROM; Hard copies available on request.)
2. Met Council Notification of Review Completion
o Met Council Staff Report regarding Lake Elmo Comp Plan Update
ORDER OF BUSINESS:
- Introduction .... .......................... .... .... .... ......................... ... ...... Kelli Matzek, City Planner
- Report by staff ........ ....................... ...... .... ........ ...... ......... ... ..... Kelli Matzek, City Planner
- Questions from the Commission .......... ..........................Chair & Commission Members
- Call for a motion., ................... ..... .... . ........... - ...................... ....... ...Chair Facilitates
- Discussion of Commission on the motion ................... ..........................Chair Facilitates
- Action by the Planning Commission .... ..........................Chair & Commission Members
0
March 25, 2010
Kyle Klatt, Planning Director
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Lake Elmo Comprehensive Plan Update — Post Council Action
Metropolitan Council Review File No. 20599 -1
Metropolitan Council District 12, Sherry Broecker
Dear Mr. Klatt:
MAR 2 6 20111
The Metropolitan Council completed its review of the City of Lake Elmo Comprehensive Plan Update
(Update) at its March 24, 2010, meeting. The Council based its review on the staff report and analysis
(Business Item 2010 -89, attached).
The Council found that the Update meets the Metropolitan Land Planning Act requirements; except for
parks, conforms to the regional systems plans; except for housing, is consistent with the 2030 Regional
Development Framework, and is compatible with the plans of adjacent and affected jurisdictions.
Therefore the City may place the Update into effect.
The Council adopted the Advisory Comments and Review Record in the staff report and adopted in the
following actions:
1. Authorize the City of Lake Elmo to put its 2030 Comprehensive Plan Update into effect.
2. Advise the City to:
a. Revise the Land Use element of the Update upon the City's selection of a development
scenario for the Village Area and to submit a comprehensive plan amendment to the
Metropolitan Council for review of the land use revision.
b. Revise the Update, when the Land Use element of the Update is revised and submitted to
the Metropolitan Council for review, to guide the inholdings in Lake Elmo Park Reserve
as parks and open space, or a comparable land use designation, on the City's 2030 Land
Use Plan map.
c. Implement the advisory comments in the Review Record for Transportation, Aviation,
Surface Water Management, Housing, and Community and Individual Sewage Treatment
Systems.
3. Approve the City of Lake Elmo's Tier Il Comprehensive Sewer Plan, contingent upon execution
of a Memorandum of Understanding between the City of Lake Elmo and the Metropolitan
Council consistent with the Resolution that addresses the City's petition regarding the
Wastewater Inefficiency Fee.
Please consult the attached staff report for important information about the next steps that the City should
take. Of particular importance are the Council's actions found on the first page, general Advisory
Comments found on Page 2, and specific comments for technical areas found in the body of the report.
The final copy of the Update needs to include all supplemental information and changes that were made
during the review process, as well as respond to the Council's final actions.
w .metrocouncitorg
390 Robert Street North . St. Paul, MN 55101 -1505 . (651) 602 -1000 . Fax (651) 602 -1550 . TTY (651) 291 -0904
An Equal Oppomiunity Employer
Kyle Klatt, Planning Director
City of Lake Elmo
Page 2 of 2
If you have any questions, please do not hesitate to contact Lisa Barajas, Sector Representative, at 651-
602 -1895. Council staff sincerely appreciate the spirit of cooperation and collaboration exhibited by the
City's staff throughout the planning process. Congratulations on successfully completing the plan update
process.
Sin rely,
c,
'IJ ,
Phyllis Manson, Manager
Local Planning Assistance
Attachment
CC: Crystal Carlson, MHFA
Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division
Sherry Broecker, Metropolitan Council District 12
Lisa Barajas, Principal Reviewer / Sector Representative
Cheryl Olsen, Reviews Coordinator.
N. LCmnmDevILPAICommunffteslLake Elnio'LenerslLake Elmo 2010 CPU 20599 -1 final action.doc
Committee Report
Community Development Committee Item: 2010-89
Environment Committee
For the Metropolitan Council meeting of March 24, 2010
® ®. ®. .
Subject: Lake Elmo 2030 Comprehensive Plan Update
Review File No. 20599 -1
Tier II Comprehensive Sewer Plan
Proposed Action
That the Metropolitan Council adopt the attached Advisory Comments and Review Record and
take the following actions:
Recommendations of the Community Development Committee:
1. Authorize the City of Lake Elmo to put its 2030 Comprehensive Plan Update into
effect.
2. Advise the City to:
a. Revise the Land Use element of the Update upon the City's selection of a
development scenario for the Village Area and to submit a comprehensive plan
amendment to the Metropolitan Council for review of the land use revision.
b. Revise the Update, when the Land Use element of the Update is revised and
submitted to the Metropolitan Council for review, to guide the inholdings in
Lake Elmo Park Reserve as parks and open space, or a comparable land use
designation, on the City's 2030 Land Use Plan map.
c. Implement the advisory comments in the Review Record for Transportation,
Aviation, Surface Water Management, Housing, and Community and Individual
Sewage Treatment Systems.
Recommendation of the Environment Committee:
Approve the City of Lake Elmo's Tier II Comprehensive Sewer Plan, contingent upon
execution of a Memorandum of Understanding between the City of Lake Elmo and the
Metropolitan Council consistent with the Resolution that addresses the City's petition
regarding the Wastewater Inefficiency Fee.
Summary of Committee Discussion / Questions:
Community Development Committee
Senior Planner Lisa Beth Barajas presented the staff's report and proposed actions to the
Community Development Committee. Barajas introduced City representatives Mayor Dean
Johnston, City Administrator Bruce Messelt, City Planner Kyle Klatt, and City Engineer Jack
Griffin,
Chair Steffen asked for clarification on Environment Committee action, which would be
reviewed at the full Metropolitan Council meeting on the same day as the action on the
comprehensive plan update. Steffen indicated the need to have the Environment Committee
action occur prior to the Council's action on the City's Update.
Chair Steffen asked whether the City is considering amending their development plans to
develop in the I -94 corridor rather than the Village Area first, especially given current
economic conditions. Barajas clarified that the City has not made changes to the land use or
staging at this time, but indicated that the City has been having those discussions internally.
Chair Steffen asked for confirmation on the time frame for the City to put into plan their
comprehensive plan and make the changes indicated in the proposed actions. Barajas
indicated that State statute requires a plan to be put into effect within 9 months of the
Council's final action on the plan, including the required changes. Barajas explained,
however, that the proposed actions indicate that the City should make some of those
changes when their land use element is updated upon selection of a development scenario
for the Village Area, which is expected to occur this year.
Chair Steffen asked whether a time element should be included in the proposed actions.
Legal counsel Dave Theisen indicates that the Council may include a time element if they
choose, but that it is in statute. Chair Steffen stressed the importance of this issue due to
past court action on the comprehensive plan.
Committee member Sanda asked City representatives to speak on these matters. Chair
Steffen asked for clarification on whether development of Old Village will happen first or if
they intend on changing their land plan to start by I -94 instead. Mayor Johnston indicated
that they may not change their land plan because their first 5 -year increment was in the
Village Area through 2010, with their second along the I -94 corridor starting in 2010. They
will be playing catch -up in the current time increment and start in the corridor, but will also
pursue development in the Village Area.
Steffen asked about the parks conformance issue. The Mayor indicated that it's a
housekeeping issue that will be addressed. The Mayor also discussed affordable the housing
needs issue. The Mayor discussed a stipulation in the MOU that allows the City to direct the
types of housing to occur within the community, including housing for lifecycle housing, but
the words "low income housing" are not well received in his community. It is the City's plan
to include lifecycle housing in the Village plan and that they expect to further define that
later this year. Steffen discusses the federal definition of affordable housing, which requires
a healthy salary to afford the housing, and is not necessarily low- income.
Committee member Bowles asked about the City's planning grant. Barajas confirmed that
the City did receive a planning grant and that the second half of that grant is payable upon
the City's final adoption of the plan and submittal of a City resolution adopting the plan and a
report detailing how the grant dollars were spent.
Committee member Pistilli asked about changes in the land use designations and whether
total acreages are consistent with what they were previously. It appears that there are more
land use categories than there were previously. Barajas clarified that the City has not made
changes to the land use plan, but that there are differences in the number of categories
between the existing and future land use categories due to the addition of land use
categories for future growth in the Village Area and the I -94 corridor. Those categories were
included in the City's 2006 plan and have not changed since the Council's previous review.
Committee member Pistilli asked whether there is an agreement that details that the City
develop at a certain rate by a certain time. Chair Steffen confirmed and further explained
that that is the case with the MOU and the legal agreement between the Council and the
City. Development will be pushed out, but the end date and the final requirements for growth
are not changing.
Committee member Pistilli asked whether the Council has held other communities to the 5-
year milestones. Chair Steffen explained that due to the past litigation with the City, these
items were negotiated with the City, including the 5 -year milestones. Pistilli asks if this is
similar to LCA grant extensions that were granted due to economic downtown. Steffen
confirms that due to the economic downtown, they are similar, but that the City has other
development options to pursue.
Messelt added that they are also faced with the 3M contamination issue in the I -94 corridor
where they do not currently have sewer infrastructure, while the Village Area has water, but
no sewer. As such, they intend on developing those areas concurrently. It is the City's intent
to honor the terms of the MOU.
Committee member Broecker and Committee member Wulff thank City staff hard work and
good faith efforts.
Motion to approve the proposed actions was made and seconded. The Committee
unanimously passed the motion.
Environment Committee
Council member Leppik commented that the advisory comments indicate that the City's
parks plan does not conform to the regional systems plan, and that its affordable housing
section is not consistent with Council policy. Lisa Barajas, Sector Representative, explained
that these items can be corrected. She highlighted the conformance issue with parks, which
is a mapping recognition in their land use section. She explained that the City did not revise
its land use section because it already planned through 2030, but the City had updated its
parks element, which recognizes the full extent of the Lake Elmo Park Reserve. The 2030
Land Use Map needs to guide inholding parcels as parks and open space.
Motion to approve the City of Lake Elmo's Tier II Comprehensive Sewer Plan, contingent
upon execution of a Memorandum of Understanding between the City of Lake Elmo and the
Metropolitan Council consistent with the Resolution that addresses the City's petition
regarding the Wastewater Inefficiency Fee was made, seconded, and passed unanimously.
Business Item
Community Development Committee Item: 2010 -89
Meeting date: March 15, 2010
Environment Committee
Meeting date: March 9, 2010
Subject: Lake Elmo 2030 Comprehensive Plan Update
Review File No. 20599 -1
Tier II Comprehensive Sewer Plan
District(s), Member(s): District 12, Council Member Sherry Broecker
Policy /Legal Reference: Minnesota Statutes Section 473.175
Staff Prepared/ Presented: LisaBeth Barajas, Principal Reviewer, 651 - 602 -1895
Phyllis Hanson, Local Planning Assistance Manager, 651 - 602 -1566
Kyle Colvin, Engineering Services Asst. Manager, 651- 602 -1151
Division /Department. Community Development/ Planning & Growth Management
Proposed /Action
That the Metropolitan Council adopt the attached Advisory Comments and Review Record and
take the following actions:
Recommendations of the Community Development Committee:
1. Authorize the City of Lake Elmo to put its 2030 Comprehensive Plan Update into
effect.
2. Advise the City to:
a. Revise the Land Use element of the Update upon the City's selection of a
development scenario for the Village Area and to submit a comprehensive plan
amendment to the Metropolitan Council for review of the land use revision.
b. Revise the Update, when the Land Use element of the Update is revised and
submitted to the Metropolitan Council for review, to guide the inholdings in
Lake Elmo Park Reserve as parks and open space, or a comparable land use
designation, on the City's 2030 Land Use Plan map.
c. Implement the advisory comments in the Review Record for Transportation,
Aviation, Surface Water Management, Housing, and Community and Individual
Sewage Treatment Systems.
Recommendation of the Environment Committee:
Approve the City of Lake Elmo's Tier II Comprehensive Sewer Plan, contingent upon
execution of a Memorandum of Understanding between the City of Lake Elmo and the
Metropolitan Council consistent with the Resolution that addresses the City's petition
regarding the Wastewater Inefficiency Fee.
N:\CommDevlLPAiCommunitieslLake Elmo lReports\Lake Elmo 2010 CPU 20599 -1 committee report.doc 1
Review File No. 20599 -1 - Council Business Item No. 2010 -89
The following Advisory Comments are part of the Council action authorizing the City to
implement its 2030 Comprehensive Plan Update ( "Update ") and approving the City's Tier II
Comprehensive Sewer Plan:
1. The Council- adopted Local Planning Handbook states that the City must take the
following steps:
Adopt the Update in final form after considering the Council's review
recommendations; and
Submit one electronic copy and one hard copy of the Update to the Council.
The electronic copy must be organized as one unified document.
c. Submit to the Council a copy of the City Council resolution evidencing final
approval of the Update.
The Council's Handbook also states that local governments must formally adopt their
comprehensive plans within nine months after the Council's final action. If the Counci
has recommended changes, local governments should incorporate those
recommended changes into the plan or respond to the Council before "final approval"
of the comprehensive plan by the governing body of the local governmental unit.
(Minn. Stat. § 473.858, subd. 3)
3. Local governmental units must adopt official controls as described in their adopted
comprehensive plans and must submit copies of the official controls to the Council
within 30 days after official controls are adopted. (Minn. Stat. § 473.865, subd. 1)
4. Local governmental units cannot adopt any official controls or fiscal devices that
conflict with their comprehensive plans or which permit activities in conflict with the
Council's metropolitan system plans (Minn. Stat. §§ 473.864, subd. 2; 473.865, subd.
2). If official controls conflict with comprehensive plans, the official controls must be
amended within nine months following amendments to comprehensive plans (Minn.
Stat. § 473.865, subd. 3).
Environment Committee
1. The Council- approved Tier II Comprehensive Sewer Plan becomes effective only after
the Update also receives final approval from the City's governing body. After the
Update receives final approval from the City and the Tier II Sewer Plan becomes
effective, the City may implement its Update to alter, expand, or improve its sewage
disposal system consistent with the Council- approved Tier II Sewer Plan.
A copy of the City Council resolution adopting its Update, including the Tier II Sewer
Plan, must be submitted to the Council.
N:ICommDWLPA�CommunitiesiLake Elmo lReportsiLake Elmo 2010 CPU 20599 -1 committee report.doc
The City of Lake Elmo is located in central Washington County. The City is bounded by the
City of Grant to the north, the City of Stillwater and the City of Oak Park Heights to the
northeast, Baytown Township and West Lakeland Township to the east, the City of Afton to
the southeast, the City of Woodbury to the south, and the City of Oakdale to the west. The
2030 Regional Development Framework (RDF) identifies the City as both Developing and
Rural Residential planning areas (see Figure 2).
Applicable Planning History
In September 2002, the Metropolitan Council completed it review of the City's 1998
Comprehensive Plan and found that the City's plan was not consistent with the Council's
Regional Growth Strategy and that the plan may substantially depart from and may have a
substantial impact on metropolitan system plans. Consequently, the Council required the City
to make modifications to its plan. After the City exhausted the administrative law judge and
appellate court processes, the Minnesota Supreme Court in August 2004 affirmed prior legal
decisions finding that the Metropolitan Council has the statutory authority to require the City
to modify its plan.
Subsequently, the City and the Council entered into a Memorandum of Understanding (MOU)
in January 2005. The MOU established a framework for the City comprehensive plan revision
that focused on planning future urban development that would conform with metropolitan
system plans. In June 2005, the City requested an extension of time for submitting its
modified 1998 comprehensive plan. Metropolitan Council Resolution 2005 -20 granted the
requested extension and included numerous requirements and conditions further defining the
terms for an acceptable 1998 comprehensive plan.
In September 2005, the Council issued the System Statement for Lake Elmo for the 2008
decennial comprehensive plan update. The City incorporated much of the updated
information in their 1998 plan, including wastewater, forecasts through 2030, and land use.
In April 2006, the Council reviewed and accepted the City's 1998 comprehensive plan
(Business Item 2006 -88, Review File No. 18608 -1), finding that the plan satisfied the
requirements of Council Resolution 2005 -20 and the January 2005 MOU.
The MOU and Resolution 2005 -20 detail forecasted growth for the City through 2030. The
Council's System Statement for the City was revised pursuant to the Council's final action on
the City's 1998 comprehensive plan, which included planning through 2030. The revisions
included amending the City's geographic planning area to reflect designation of the City's
rural area as Rural Residential rather than Diversified Rural; expected splits in flow between
the two regional wastewater treatment plants serving the City, but still equaling the totals
shown in the MOU and the City's approved 1998 comprehensive plan; and ensuring that
forecasts are consistent with those shown in the MOU and the City's 1998 plan.
Because the City's Wastewater and Land Use Chapters plan through the year 2030 and were
reviewed against the MOU, Resolution 2005 -20, and the regional systems plans in the
Council's 2006 review, these items have not been updated for the 2008 decennial review.
The City submitted its Comprehensive Plan Update (Update) to the Council for review to
meet the Metropolitan Land Planning Act requirements (Minn. State. 473.175) and the
Council's 2005 System Statement requirements.
1. Does the proposed Update conform to Regional Systems Plans?
2. Is the Update consistent with Metropolitan Council policies?
N:\CommDevILPAiCommunities\Lake ElmolReportslLake Elmo 2010 CPU 20599 -1 committee report.doc 3
3. Is the Update compatible with the plans of adjacent governmental units and plans of
affected special districts and school districts?
1. Regional Parks
N1
2. Transportation, including Aviation Yes
3. Water Resources Management Yes
(Wastewater Services and Surface Water Management)
Consistent with Council Policy Requirements
1. Forecasts Yes
2. Housing
M
3. 2030 Regional Development Framework and Land Use Yes
4. Individual Sewage Treatment Systems (ISTS) Program Yes
5. Water Supply Yes
Compatible with the Plans of Adjacent Governmental Units and Plans of Affected
Special Districts and School Districts
Compatible with other plans
Yes
Funding
The City has received the first half of a $20,000 planning grant from the Council to facilitate
the completion of the Update. The second half will be payable upon successful completion of
the Update planning process.
Known Support / Opposition
There is no known opposition.
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The Metropolitan Land Planning Act (MLPA) requires local units of government to submit
comprehensive plans (plans) and plan amendments to the Council for review and
comment (Minn. Stat. § 473.864, Subd. 2). The Council reviews plans to determine:
• Conformance with metropolitan system plans,
• Consistency with other adopted Plans of the Council, and
• Compatibility with the Plans of other local jurisdictions in the Metropolitan Area.
The Council may require a local governmental unit to modify any plan or part thereof if,
upon the adoption of findings and a resolution, the Council concludes that the Update is
more likely than not to have a substantial impact on or contain a substantial departure
from metropolitan system plans (Minn. Stat. § 473.175, Subd. 1).
Each local government unit shall adopt a policy plan for the collection, treatment and
disposal of sewage for which the local government unit is responsible, coordinated with
the Metropolitan Council's plan, and may revise the same as often as it deems necessary.
Each such plan shall be submitted to the Council for review and shall be subject to the
approval of the Council as to those features affecting the Council's responsibilities as
determined by the Council. Any such features disapproved by the Council shall be
modified in accordance with the Council's recommendations (Minn. Stat. § 473.513).
i
Reviewer. Jan Youngquist, CD - Regional Parks System Planning, (651- 602 -1029)
The Update does not conform to the 2030 Regional Parks Policy Plan (RPPP).
The regional parks system facilities in the City include Lake Elmo Park Reserve and the
proposed Washington County Central Greenway Regional Trail, which will connect Big
Marine Park Reserve, Lake Elmo Park Reserve, and Cottage Grove Ravine Regional Park.
The Comprehensive Parks and Recreation Plan of the Update acknowledges these regional
parks system elements.
In order to conform to the RPPP, when the City updates its land use element, the future
land use guiding for inholding parcels at Lake Elmo Park Reserve must be guided as park
and open space, or a comparable land use designation on the 2030 Land Use Map.
Inholdings are parcels that are within the boundaries of the park reserve that have not
yet been acquired by Washington County, and are shown in red on the attached Figure 6.
ii:
Roads and Transit
Reviewer: Ann Braden, MTS - Systems Planning, (651- 602 -1705)
The Update conforms to the 2030 Transportation Policy Plan (TPP), adopted in 2004, and
addresses all the applicable transportation and transit requirements of a comprehensive
plan.
The City is served by elements of two metropolitan highways: I -94 along the City's
southern border with the City of Woodbury, and TH 36 along its northern border with the
City of Grant. Lake Elmo is within the Metropolitan Transit Taxing District. The western
portion of the City is within Transit Market Area III, and the eastern portion is in Market
N:\CommDevILPA\CommumtiesiLake Elmo\ReportsiLake Elmo 2010 CPU 20599 -1 committee report.doc
Area IV. Service options for Market Area III include peak -only express, small vehicle
circulators, midday circulators, special needs paratransit (ADA, seniors), and ridesharing.
Service options for Market Area IV include dial -a -ride, volunteer driver programs, and
ridesharing.
Advisory Comments
Prior to final adoption by the City, the transit element of the Update should incorporate
the following revisions:
The Transportation Plan references the Laverne Avenue and 34th Street /Stillwater
Boulevard (TH 5) Park and Ride. This Park and Ride was closed due to low usage and
should be removed from the description and from the Figure 11 map.
2. The Guardian Angels Park and Ride was expanded from 150 spaces to 425 spaces,
and usage stands around 300 cars.
3. In the description of existing transit facilities, the summary should also include the
Christ Episcopal Church Park and Ride next to Woodbury Lutheran Church Park and
Ride. This facility has space for 90 cars and a daily usage of 25 cars.
4. The TH 36 Transit Corridor summary should remove the reference to a proposed park
and ride at TH 36 and I -694. Although this site had been included in previous plans, it
has been deleted in the current Park and Ride Plan.
5. The I -94 Transit Corridor summary describes the location of the planned park and ride
on the south side of I -94 in Woodbury between Keats and Manning Avenue. The
location of the new park and ride is proposed to be at I -94 and Manning Avenue.
Aviation
Reviewer: Chauncey Case, MTS - Systems Planning (651- 602 -1724)
The Update conforms to the TPP and is consistent with Council aviation policy.
Advisory Comments
The City is advised that the Council has approved the MAC 2025 Long -term
Comprehensive Plan (LTCP) preferred alternative for the Lake Elmo Airport. Once the
joint airport zoning board airport zoning ordinance is approved by MnDOT, the City
will need to revise the Update to reference that ordinance.
Water Resources Management
Wastewater Service
Reviewer: Kyle Colvin, ES - Engineering Services, (651 -602 -1151)
The Update conforms to the 2030 Water Resources Management Policy Plan (WRMPP).
The Update summarizes the City's vision for the next 20 years or to year 2030. It
includes growth forecasts that are consistent with the Council's forecasts for population,
households, and employment.
The City is currently being provided with wastewater services via Metropolitan Council
Environmental Services (MCES) interceptor 1 -WO -500 with treatment provided at the
Metropolitan Wastewater Treatment Plan in St. Paul. This service point provides service to
those areas of the City served through the southwest corner of the community.
Central and southern Lake Elmo will be provided service through interceptor 806300
which is located near Lake Elmo Avenue North and I -94, and extends into Woodbury.
Wastewater from this portion of the City will be conveyed to and treated at the Eagles
Point Wastewater Treatment Plan in Cottage Grove. The Metropolitan Disposal System will
have adequate capacity for the long -term growth needs of the City as identified in the
Update. The Update projects that the City will have 5,200 sewered households and
13,000 sewered employees by 2030.
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The Update provides sanitary flow projections in 5 -year increments. The rationale for the
projections is given in the Update and determined appropriate for planning for local
services.
The City is not currently identified as a community impacted by wet weather occurrences.
The Update, however, does include a description of an I/I reduction plan which includes
televised inspection and cleaning of the sanitary sewer system. Homes and businesses
will be checked for sump pump discharge into the sanitary sewer system prior to being
issued a Certificate of Occupancy. Should excessive inflow and infiltration be a concern in
the future, the City will adopt additional policies to remedy the situation.
Memorandum of Understanding & Resolution
In 2005, the Council and the City entered into a Memorandum of Understanding (MOU),
which outlined the City's commitment to construct, connect, and put into service a local
wastewater collection system to support forecasted growth through 2030. Later in 2005,
the Council passed a resolution (Resolution 2005 -20) that established for the City
Residential Equivalent Connections (RECs) milestones in 5 -year increments through 2030.
The Resolution granted the City a time extension for completion of its comprehensive plan
(1998 decennial review), and added a provision for the Council to assess Wastewater
Inefficiency Fees (WIFs) to the City for not meeting the pre - established RECs milestones.
The Resolution also contained a provision that allowed the City to petition the Council for
relief of WIF assessment due to a "protracted downturn in the economy or a long term
recession." The Citv has made this petition to the Council
Under separate concurrent action, the Council will act on a Resolution that addresses the
City's petition regarding the Wastewater Inefficiency Fee, and requiring the City to enter
into a binding Memorandum of Understanding consistent with the Resolution.
Tier 72 Comments
The Tier II Sewer Element of the Update has been reviewed against the requirements for
Tier II Comprehensive Sewer Plans for developing (Developing, Rural Residential)
communities. It was found to be complete and consistent with Council policies. Upon
adoption of the Update by the City, the action of the Council to approve the Tier II Plan
becomes effective. At that time, the City may implement its Update to alter, expand, or
improve its sewage disposal system consistent with the approved Tier II Sewer Plan. A
copy of the City Council Resolution adopting its Update needs to be submitted to the
Metropolitan Council for its records.
Surface Water Management
Reviewer: Judy Sventek, ES - Water Resources Assessment, 651- 602 -1156
The Update conforms to the WRMPP for local surface water management. The City lies
within the South Washington, Browns Creek, and Valley Branch watersheds. The Board of
Water and Soil Resources (BWSR) approved the South Washington and Browns Creek
District's latest watershed management plans in 2007. BWSR approved Valley Branch
Watershed District's watershed management plan in 2005.
The City prepared a local surface water management plan (LSWMP) in March 2009 that
was reviewed under separate cover. Council staff found the LSWMP to be consistent with
Council policy and with the Council's WRMPP.
Advisory Comments
The City needs to send to the Council the dates that the watershed district approved the
LSWMP, the date that the City adopts the final plan, and a copy of the final LSWMP.
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• +:,�
Im
Forecasts
Reviewer: Todd Graham, CD - Research, (651- 602 -1322)
The forecast - related content in the Update is consistent with the Council's forecasts and
with regional policies. The Update uses the forecasts from the Systems Statement issued
(revised) by the Council on January 3, 2007, and are presented in Table 1 below.
Table 1, Lake Elmo System Statement Forecasts
Population - Unsewered 6,863 8,536 9,673 9,700
Population - Metro Sewered 0 1,416 8,730 14,300
Population - TOTAL 6,863 9,952 18,403 24,000
Households - Unsewered
2,347
3,104
3,324
3,527
Households - Metro Sewered
0
515
3,000
5,200
Households - TOTAL
2,347
3,619
6,324
8,727
Employment Unsewered
1,682
1,250
1,250
1,000
Employment - Metro Sewered
0
1,000
5,950
13,000
Employment- TOTAL
1,682
2,250
7,200
14,000
2030 Regional Development Framework and Land Use
Reviewer: Lisa Barajas, CD - Local Planning Assistance, (651- 602 -1895)
The Update is consistent with the 2030 Regional Development Framework and consistent
with Council policy for land use. As reviewed in 2006 (Business Item 2006 -88, Review File
No. 18608 -1), the City's land use plan corresponds to the Council requirements detailed
in Resolution 2005 -20, the MOU, and the 2030 Regional Development Framework.
The City is continuing to plan to accommodated growth on sanitary sewer services in the
Village Area and the Area South of 10th Street North, which is located in the southern part
of the City in the I -94 corridor. Both areas include a mix of residential, commercial, and
public uses. Residential densities are proposed to be at least 3.5 units per acre in the
Area South of 10th Street North and up to 14.5 units per acre in the Village Area. Interim
densities prior to the provisions of regional wastewater services will be held at one unit
per 20 acres.
Advisory Comments
The City has completed the Village Area Alternative Urban Areawide Review (AUAR),
which assesses development scenarios for the Village area upon extension of sanitary
sewer services. Council staff reviewed the Village Area AUAR and concluded that the
AUAR was complete and accurate with respect to regional concerns (Phyllis Hanson letter,
April 8, 2009).
As indicated in that and other correspondence, the City is advised that, upon selection of
a development scenario for the Village Area, the Land Use section of the Update will need
to be revised, and the City will need to submit a comprehensive plan amendment for that
revision to the Metropolitan Council for review.
N: kCommDeviLPAiCommunitiesiLake Elmo lReports lLake Elmo 2010 CPU 20599 -1 committee report.doc
Housing
Reviewer: Linda Milashius, CD - Livable Communities, (651- 602 -1541)
Because the Council has agreed that this Comprehensive Plan Update need not include a
revised Land Use element until and at such time of the adoption of a redevelopment
scenario for the City's Village Area, and because the City does not at present have
Metropolitan Disposal System service, the Update does not need to include
acknowledgement of the City's share of the region's affordable housing need between
2010 and 2020.
Advisory Comments
The City is advised that when the Land Use element of the Update is revised and
submitted to the Metropolitan Council for review, given current sewered household
growth forecasts for the City between 2010 and 2020, the Update will need to include the
City's share of the affordable housing needs, which is 661 new units. At that time, the
Update implementation section will also need to be revised to identify the programs, fiscal
devices and official controls, including the guiding of land at medium and high densities
for sewered development, to accommodate this need through 2020.
Community and Individual Sewage Treatment Systems (ISTS)
Reviewer: Jim Larsen, CD - Local Planning Assistance, (651- 602 -1159)
The Update is consistent with the 2030 Water Resources Management Policy Plan
(WRMPP) for ISTS. The Update indicates that there are 2,071 ISTS, 12 community
wetland treatment systems, and seven °201" community septic treatment systems
operating in the City. The City's "Individual and Community Wastewater Treatment
System" Code Chapter 51 is consistent with MPACA Rules and with Council policy
requirements.
Advisory Comments
As noted in the Implementation Chapter of the Update, the City will need to revise its
ISTS Ordinance by February 2011 to incorporate recent MPCA 7080 -7081 Rule revisions
(consistent with Minn. Stat. 115.55).
Water Supply
Reviewer: Sara Smith, ES - Water Supply Planning, (651- 602 -1035)
The Update is consistent with the WRMPP for water supply planning. The Council
encourages the City to continue to implement water conservation programs in an effort to
promote the efficient use of water.
Historic Preservation
Reviewer: Lisa Barajas, CD - Local Planning Assistance, (651- 602 -1895)
The Update addresses historic preservation in the community as required by the MLPA.
The Update describes existing historic resources and indicates that the City will work with
the Oakdale Lake Elmo Historical Society and the Washington County Historical Society to
further protect and preserve historic resources in the community.
Solar Access Protection
Reviewer: Lisa Barajas, CD - Local Planning Assistance, (651- 602 -1895)
The Update appropriately addresses the protection of access to solar energy as required
by the MLPA in the Resource Protection section of the plan. The Update indicates the goal
of updating their ordinances and regulations to allow the integration of solar equipment,
winder energy, and other similar technologies into development in the community.
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Aggregate Resources Protection
Reviewer: Jim Larsen, CD - Local Planning Assistance, (651- 602 -1159)
The Update addresses aggregate resources protection as required by the Metropolitan
Land Planning Act. Consistent with Minnesota Geological Survey Information Circular 46
(Circular), the Update acknowledges that there are aggregate resource deposits present
in the community. Two primary deposit areas identified in the Circular inventory are the
sites of two existing mining operations in the City. The remainder of the identified
resource areas have either already been mined or have been urbanized.
•
Reviewer: Lisa Barajas, CD - Local Planning Assistance, (651- 602 -1895)
The Update includes a description of and schedule for any necessary changes to:
• Capital Improvement Program Yes
• Zoning Code Yes
• Subdivision Code Yes
• ISTS Code Yes
• Housing Implementation Program Yes
The Update contains an Implementation Program, which describes the official controls
and fiscal devices that the City will employ to implement the Update, with a schedule for
implementation priorities and a description of special studies undertaken by the City.
Detailed implementation strategies are contained in individual chapters of the Update and
are reiterated in the Implementation Section.
•
CFA-DJAICEAT GO
• PLANS OF DISTRICTS r SCHOOL
DISTRICTS
The City submitted it's Update to the adjacent communities, Washington County, affected
school districts, affected watershed districts, and other special districts for comment on
May 29, 2009. There do not appear to be any conflicts with the plans of adjacent and
affected jurisdictions.
DOCUMENTS SUBMITTED FOR REVIEW
• City of Lake Elmo Comprehensive Plan Update (May 29, 2009)
• Supplemental information for community and individual treatment systems, housing
and implementation (December 21, 2009)
• Jurisdictional review comments received and capital improvement program (January
19, 2010)
Figure 1: Location Map with Regional Systems
Figure 2: 2030 Regional Development Framework Planning Areas
Figure 3: Existing and Future Land Use Tables
Figure 4: Existing Land Use
Figure 5: 2030 Future Land Use
Figure 6: Inholdings at Lake Elmo Park Reserve
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Figure 1. Location Map with Regional Systems
City of Lake Elmo
A- - ---ems
i.
- -----
We�t Lakelai Nil Tv4l.
Lf
4
L
Landfall Ilk
10al"'Aws,
Mon
0 0.5 1
1.5 2 2.5 3 35
-IN
k, I
Miles
D4r
Regional Systems
- °; W
MSE
Wwewatel selvices
Regi oi Nat aid SUNt Trails
s
F
Regional Nsfing
pj.mS
Regional Planned
Regional Proposed
zi
Tl a
Reciedion Open Space
U! Hghwaw
S
OM pa� Reserve s.Reserve
T-1
S=. Highways
Pagional Park
Coumyl`bads
Special T*cmNfion Feature
TLG street C.M.dims, 2007
N:�CommDevtl.PAtCommunitiestLake
Elmo�Reports�Lake Elmo 2010 CPU 20599-1 committee report.doc
City of
MCES Interceptor Framework 2030
........ Proposed For emain Developing Area
— -- Proposed Gravity Rural Residential
N: �CommDeOLPA\Communities�Lake Elmo\ReportslLake Elmo 2010 CPU 20599 -1 committee report.doc 12
Figure 3. Existing and Future Land Use 'Tables
City of Lake Elmo
Existing Land Uses
Land Use Descriptions
Area (Acres)
BP
Business Park
121
C
Commercial
114
LB
Limited Business
243
PF
Public /Semi - Public Facilities
3450
RAD
Rural Agricultural Density
7020
RED
Residential Estates Density
760
ROW
Right -of -Way
509
SRD
Single - family Residential Density
1709
URD
Urban Residential Density
169
WAT
Water
1155
TOTAL
15250
TOTAL 15,250 1,168 2,152
N: \CommDev \LPA \Communities \Lake Elmo \Reports \Lake Elmo 2010 CPU 20599 -1 committee report.doc 13
Total Area
OffirgINO
South of 10th
Future Land Uses
(Acres)
(Acres)
(Acres)
BP
362
362
C
58
54
1
LB Future sewer
16
16
LB Non -sewer
45
NC
1658
116
PF
3381
23
122
RAD
5029
74
RAD2
142
RED
691
153
ROW
545
45
161
SRD3.5
1069
1069
URD
169
169
WAT
1155
25
VR -HD
7
7
VR -LD
77
77
VR -MU /MD
86
86
VR -P /S
43
43
VR -GB
717
717
TOTAL 15,250 1,168 2,152
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c
9T.
T, HOLLYLN
62ND ST
.._... 60THST
30TH ST
N:\CommDe0LPAWommunities\Lake Elmo\Reports\Lake Elmo 2010 CPU 20599 -1 committee report.doc 14
HUDSON RD
EXISTING LAND USE
land use
Lake Elmo Comprehensive Plan 2005 - 2030
RED
h
U- •_°J�i
MBP
;,
ME URD
S
LB
SRD
Limitation of Lhbl sty MM+OmoJmu�ery 21.3006
_
PF
ROW
crealao8 TKDA
0000 012 2.40 560a
RAE)
y
f: WAr
b...
®Om Village
N:\CommDe0LPAWommunities\Lake Elmo\Reports\Lake Elmo 2010 CPU 20599 -1 committee report.doc 14
Figure 5. 2030 Future Land Use
City of Lake Elmo
A
Al u..
4111,11�110
— Effl,
7
V1,10 111111,112'111-�, I',,
.4&
FUTURE LAND USE Land Use
C
Lake Elmo Comprehensive Plan 2005 - 2030 OR - .0 Ewl.,pVAe,e NO
PF ROW
RAD - OAS DUIA..
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FUTURE LAND USE Land Use
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N:\C:ommDev\LPA\Communities\Lake Elmo\Reports'lLake Elmo 2010 CPU 20599-1 committee report.doc 15