HomeMy WebLinkAboutPZ Packet; 10-18-10NOTICE F MEETING
The City of Lame Elmo
Planning Commission will conduct a meeting on
Monday, October 18, 2010, at 7:00 p.m.
a. July 26, 2010
b. August 24, 2010
4. Public Hearings
a. ZONING TEXT AMENDMENT: To amend Section 154.019 regarding the
general requirements of an Interim Use Permit. The potential modifications
would allow additional flexibility in the general standard requirements such as
increasing the length of the term the permit is allowed.
b. ZONING TEXT AMENDMENT: Amendments to the holding districts HD -A-
BP, HD -A -SRD, HD- RR -BP, HD- RR -LB, HD- RR -RAD, HD -RR -SRD, HD-R1-
RAID, HD -R1 -SRD, HD- R3 -URD, HD- RE -LB, HD -RE -SRD, HD- GB -BP, HD-
GB-C, HD -GB -SRD, VR -A, VR -GB, VR -R1, VR -RR, HD -LB -SRD to change
all uses that are currently allowed with a Conditional Use Permit to be instead
regulated as Interim Uses.
c. INTERIM USE PERMIT: Consideration of an application to allow the outdoor
display of powersport /recreational equipment such as motor homes,
automobiles, watercraft, and ATVs at 9200 Hudson Boulevard. HD -GB -SRD
zoning; PID: 34- 029 -21 -33 -0005.
5. Business Items - None
6. Updates (Verbal)
a. City Council;
i. October 5, 2010 —Zoning Text Amendment, Lake Elmo Inn —
approved; Interim Use for Ag Sales - approved
b. Staff Updates
i. Country Sun Farm Lawsuit
c. Commission Concerns
7. Adjourn
03•._
City of Lake Elmo
Planning Commission Meeting
Minutes of July 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, Pearson,
Pelletier, Van Erem, Van Zandt and Williams. Absent: McGinnis and Ziertman. STAFF
PRESENT: Planning Director Klatt and Planner Matzek
Agenda
M /S /P, Fliflet / Bidon, to approve the agenda as presented. Vote: 9:0.
Minutes — None.
Public Bearing: None
Business Item - Comprehensive Plan — Urban (Sewered Area Density Analysis
Discussion
Planner Matzek summarized the charts identifying an analysis of the land area and
proposed densities for the residential and commercial area South of l Ofl' Street. She
expressed concern that the city would be able to meet the employment projections in that
area. Planner Matzek summarized the analysis for six different scenarios for the Village
Area that varied both the acreage to be developed and the resulting unit count. Planner
Matzek said the employment analysis for the Village Area and the total city -wide
population would be analyzed and brought to a future meeting.
Commissioner Fliflet clarified that the designation of 3.5 units per acre in the area South
of I Ot" Street is an average, with the assumption that some areas would be developed at a
higher density and other land areas would be less.
Commissioner Williams identified that the Village Area could meet the three unit per
acre requirement if less land area was developed.
Planner Matzek identified that she had made certain assumptions, such as an across -the-
board reduction or increase in the number of units per housing unit type when analyzing
the Village Area Master Plan. However, those numbers could be altered in a way to meet
the three unit per acre requirement.
Business Item — County SSTS Ordinance (Subsurface Sewage Treatment System
Regulations) Discussion
Planning Director Klatt said the county has adopted new SSTS regulations in response to
new state rules regarding septic systems. He said most communities reference the
county's rules as a part of their ordinance and he would recommend Lake Elmo do the
same. He said there are a few differences between the city's regulations and the county's
regulations, which he summarized.
Planning Commission Minutes; 7 -26 -10
DRAFT
Chairman Van Zandt expressed concern that many residents do not realize the importance
of maintaining their septic system, nor do they know what to do. He said he was in
support of requiring an inspection before the sale of a home.
Commissioner Williams said be would like to see the city maintain the more restrictive
regulations to require pumping every two years and that a mound system not be permitted
as the primary system on a site. He said he is supportive of the County taking over the
enforcement and permitting. He asked Planning Director Klatt what regulations were
being proposed to address the city's alternative systems.
Planning Director Klatt said that those would be classified as a mid -sized sewage
treatment system (MSTS).
Chairman Van Zandt said that if more frequent pumping is shown to reduce long -term
problems, he would suggest continuing to require pumping every two years due to the
age of the septic systems around lakes.
Council Updates
Planning Director Klatt updated the commission on a workshop the City Council had on
Village Area planning efforts with a presentation done by the City Engineer. He said the
Council briefly discussed the Home Occupation ordinance, but will be discussing it
further at a workshop. The Council reviewed the Farm School and Senior Living
proposal at a workshop and then took action to approve the application at the July 20"'
meeting. The Council approved the administrative fine ordinance.
Staff Update
M /S /P, Fliflet/Van Zandt moved to acknowledge the service that Planning Intern Danielle
Bailey provided to the commission. Vote: 9:0.
Commission Concerns
Commissioner Williams read a statement regarding his opinion on why current residents
chose Lake Elmo as their home and their proximity to businesses.
Adjournment:
M /S/P, Fliflet /Hall, move to adjourn. Vote: 9:0.
The meeting was adjourned at 9:34 p.m.
Respectfully submitted,
Kelli Matzek
Planner
Planning Commission Minutes; 7 -26 -10
City of Lake Elmo
Planning Commission Meeting
Minutes of August 23, 2010
Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission
at 7:01 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, Pearson,
Pelletier, Van Zandt, and Ziertman. Absent: McGinnis, Van Erem, Williams. STAFF
PRESENT: Planner Matzek
Agenda
Minutes — None.
Public Hearing — Conditional Use Permit; 9200 Hudson Boulevard; Cranky Ape
Planner Matzek summarized the conditional use permit application for 9200 Hudson
Boulevard which is zoned HD- GB -SRD. She said that the open sales lot, as requested by
the applicant, is allowed as a conditional use permit in the holding district. Staff is
recommending approval with conditions.
Commissioner Britz asked if the business would continue when the sewer becomes
available.
Planner Matzek said that a CUP continues with the property and could not be revoked at
the time sewer is available to the site. She said that the property owners would need to
terminate the use for a year or violate a condition of approval for the CUP to be
terminated.
Commissioner Bidon expressed his opinion that it would make more sense for the area
along I -94 to be used for commercial purposes and residential development to be
constructed to the North.
Jay Adams, Owner Cranky Ape
Mr. Adams said the website has between 65 and 125 auction items up for bid at any one
time over nine sites nation -wide; roughly half would be in Minnesota. He said there is no
live block for a live auction — if is all online, but someone can come to the site and get on
a computer to bid. He said they are amenable to finishing the landscaping. Mr. Adams
said they have about 35 employees, but would expect about 50. He said they do not
service the vehicles; any fixes are cosmetic and the sales are as -is.
THE CHAIR OPENED THE PUBLIC HEARING AT 7:27 P.M.
No one spoke.
THE CHAIR CLOSED THE PUBLIC HEARING AT 7:28 P.M.
Lake Elmo Planning Commission Minutes; 8 -23 -10
r•
Commissioner Fliflet said that although she thinks this business will have less of an
impact than the previous user, she would not be in favor of a conditional use permit
because it is not in conformance with the Comprehensive Plan. Instead, she would be in
favor of an interim use permit like that of the trucking company on Hudson Boulevard.
Planner Matzek said that the holding district language states those conditional use permits
allowed in the General Business district are allowed as a CUP in this holding district as
well which is why staff is recommending approval. She said that the current city code
does not allow an open sales lot as an interim use permit on this property and the city
code would need to be changed.
M /S /P, Bidon/Hall, move to approve conditional use permit for Cranky Ape company at
9200 Hudson Boulevard. Vote: 5:3. Pelletier, Fliflet, and Britz voted against.
Commissioner Fliflet suggested adding a condition prohibiting live auctions.
M /S/P, Van Zandt/Pearson, move to add as a condition of approval that live auctions
would be prohibited. Vote: 8:0.
Business Item: Distribution and Discussion: A Citizen's Guide to Influencing Local
Land Use Decisions
Planner Matzek introduced the informational item that was provided by 1000 Friends of
Minnesota. She said the section on variances may have changed due to the recent court
case, but thought it was good information for citizens. She asked for suggestions for
getting the information out to residents.
Commissioner Pelletier suggested putting some of the information on the city's website
or sending copies out to Homeowner Association contacts.
Commissioner Hall suggested distributing it at the Fall Festival.
Chairman Van Zandt suggested having other clubs such as Rotary or Jaycees distribute it
at their meetings.
City Council Updates:
Planner Matzek said the City Council approved the final Comprehensive Plan and
directed staff to move forward with the SSTS ordinance at the August 17'b meeting.
Adjournment:
The meeting was adjourned 7:58 p.m.
Respectfully submitted,
Kelli Matzek
Planner
Lake Elmo Planning Commission Minutes; 8 -23 -10
Planning Commission
Date: 10/18/10
Public hearing
Item: 4a
ITEM: Hold a public hearing to consider an ordinance to revise the general
requirements of the Interim Use Permit ordinance Section 154.019
outlining the general standards, application requirements, and procedures
SUBMITTED BY: Kelli Matzek, City Planner
REVIEWED BY: Bruce Messelt, City Administrator
Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED:
The Planning Commission is asked to hold a public hearing to discuss revisions to the Interim
Use Permit (IUP) ordinance Section 154.019. The primary revisions proposed eliminate
duplication of requirements, allows the City Council to set the termination of the use to a date or
event, and allows an administrative extension of 30 days to eliminate a potential time gap in a
renewal application. The proposed changes allow the city additional flexibility in utilizing IUP's.
ADDITIONAL INFORMATION:
An IUP is an important zoning tool because, unlike conditional use permits (CUPS), an IUP can
be eliminated once a specific trigger occurs. Typically IUP's will terminate on a specific date, at
the occurrence of a specific event, or until zoning regulations would no longer permit such a use.
In contrast, a CUP cannot be terminated provided the conditions of approval continue to be met.
The city adopted the general requirements allowing Interim Use Permits in the city in December
of 2007. Since then, two IUP's have been permitted.
Staff is recommending those uses identified for a year or less be considered a Special Event and
administratively processed through a Special Event Permit. City staff has drafted a Special Event
Permit and associated ordinance, but has not had it back in front of the Council for formal
approval.
RECOMMENDATION:
• If the language is acceptable to the commission, the commission should
recommend approval of the language (with any necessary edits) and forward
such to City Council for consideration.
• If the commission is uncomfortable with the ordinance or would like other aspects
examined, the item could be tabled with direction given to staff.
ORDER OF BUSINESS:
- Introduction.. ... ..... ....................................... -- ................... .. Kelli Matzek, City Planner
- Report by staff ........................................ ............................... Kelli Matzek, City Planner
- Questions from the Commission.. ................ .... — ......... Chair & Commission Members
- Open the Public Hearing on the IUP Ordinance .......................... ..........................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 (3):
1. Proposed Ordinance 2008 — 032 to revise regulations governing the issuance of
interim use permits.
2. MN Statute 462.3597 which authorizes interim uses.
3. Resolution 2010 — 054 for summary publication
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-032
AN ORDINANCE AMENDING THE HOLDING DISTRICTS TO PERMIT
THOSE USES PREVIOUSLY IDENTIFIED AS CONDITIONAL USES TO
BE PERMITTED AS INTERIM USES
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, by amending the following language:
§ 154.034 HD -A -BP - AGRICULTURAL BUSINESS PARK HOLDING DISTRICT.
(A) Purpose. The Agricultural Business Park Holding District (HD -A -BP) is intended to
regulate land use within agricultural areas planned and staged for business park development
with access to regional sewer service. Areas zoned HD -A -BP will be rezoned at such time the
use becomes ..pe the aila 'l't` of ° � °-i ^ �consistent with the "T'eyelopmen�
Staging n" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The
future zoning district regulations will be consistent with the comprehensive plan guidance of the
property for Business Park use.
(B) General regulation. All regulations governing the Agricultural (A) zoning district shall
also apply to properties zoned Agricultural Business Park Holding District (HD -A -BP) except as
outlined in this section.
(C) Permitted uses. The permitted uses in the HD -A -BP zoning district shall be the same as
in the Agricultural (A) zoning district except that non -farm dwellings shall be prohibited.
-(E-) D) Use permitted by interim. use permit. The following uses may apply-44— _be
permitted as an interim use permit in the HD -A -BP zoning district:
(1) Non - agricultural low impact uses under the same regulations as in the Agricultural
(A) district with the following requirements:
a. with the ° °°°ption ° The Non-AR Area shall not exceed 5% of the property
owner's contiguous agricultural zone gross lot area.
b. A non - agricultural low impact use as ..efmitted undo. this .segon may include
bus /truck terminal provided the use is located on a parcel within 1,000 feet of
Interstate Highway 94.
ordinary;-; 08-033
1i? -19 -iG
(2) Those uses identified as permitted by Conditional Use Permit in the Agricultural (A)
zoning district except that Open Space Development Projects shall be prohibited
{F) (E) Accessory uses and structures. Regulations governing accessory uses and structures
in the HD- A -BP zoning district shall be the same as in the Agricultural (A) zoning district.
(� (F) Minimum district requirements. The minimum district requirements in the
Agricultural Business Park Holding District (HD -A -BP) shall be the same as in the Agricultural
(A) zoning district.
kH4 (Q) Cluster development. Cluster development in the HD -A -BP zoning district is
prohibited.
(T) (H) Non - agricultural low impact use standards. Regulations governing non - agricultural
low impact use standards in the HD -A -BP zoning district shall be the same as the Agricultural
(A) zoning district.
§ 154.035 HD -A -SRD - AGRICULTURAL SEWERED RESIDENTIAL HOLDING
DISTRICT.
(A) Purpose. The Agricultural Sewered Residential Holding District (HD -A -SRD) is
intended to regulate land use within agricultural areas planned and staged for residential
development with access to regional sewer service. Areas zoned HD -A -SRD will be rezoned at
such time the use becom y
consistent with the
"bevel pffiem Staging Plan" "Future Land Use Plan" contained in the Lake Elmo
Comprehensive Plan. The future zoning district regulations will be consistent with the
comprehensive plan guidance of the property for Sewered Residential use.
(B) General regulation. All regulations governing the Agricultural (A) zoning district shall
also apply to properties zoned Agricultural Sewered Residential Holding District (HD -A -SRD)
except as outlined in this section.
(C) Permitted uses. The permitted uses in the HD -A -SRD zoning district shall be the same
as in the Agricultural (A) zoning district except that non -farm dwellings shall be prohibited.
(D) Use permitted by interim use permit. The following uses may be permitted as an
interim use permit in the HD -A -BP zoning district
Those uses identified as permitted by Conditional Use Permit in the Agricultural (A)
zoning district except that Open Space Development Projects shall be prohibited
2
01- dirra"Ce 08
(E) Accessory uses. The accessory uses in the HD -A -SRD zoning district shall be the
same as in the Agricultural (A) zoning district.
(F) Minimum district requirements. The minimum district requirements in the Agricultural
Sewered Residential Holding District (HD -A -SRD) shall be the same as in the Agricultural (A)
zoning district.
(G) Cluster development. Cluster development in the HD -A -SRD zoning district is
prohibited.
(H) Non - agricultural low impact use standards. Regulations governing non - agricultural
low impact use standards shall be the same as the Agricultural (A) zoning district.
J _ .
IMMI 7W W r 1
11'
(A) Purpose. The Rural Residential Business Park Holding District (HD- RR -BP) is
intended to regulate land use within rural residential areas planned and staged for business park
development. Areas zoned HD -RR -BP will be rezoned at such time the use becomes upon—the
availability of sewer and , consistent with the " Develepment Staging Plan" "Future
Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district
regulations will be consistent with the comprehensive plan guidance of the property for Business
Park use.
(B) General regulation. All regulations governing the Rural Residential (RR) Zoning
District shall also apply to properties zoned Rural Residential Business Park Holding District
(HD- RR -BP) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RR -BP
zoning district shall be the same as in the Rural Residential (RR) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -RR -BP zoning district
(1) Those uses identified as permitted by Conditional Use Permit in the Rural
Residential (RR) zoning district except that open space development projects shall be prohibited
7 dinanc ' <B -032 ;!Y C;4'Ltt)cjlt 40 ; 9 -, 0
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RR -BP Zoning District shall be the same as in the Rural Residential (RR) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Rural
Residential Business Park Holding District (HD- RR -BP) shall be the same as in the Rural
Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a
nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and/or a 20 -acre parcel located
on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right -of-
way and survey variations). Lots that were in existence prior to 7 -1 -07 which are conforming to
the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as
conforming to minimum lot size.
(G) Special requirements. All building permits in the Rural Residential Business Park
Holding District (HD- RR -BP) shall, prior to the issuance of such a building permit, provide a
sketch subdivision plan which illustrates roadway and setback locations should the property be
resubdivided in the future.
(H) Cluster development. Cluster development in the 1- ID -RR -BP Zoning District is
prohibited.
§ 154.038 HD -RR -LB — RURAL RESIDENTIAL LIMITED BUSINESS HOLDING
DISTRICT.
(A) Purpose. The Rural Residential Limited Business Holding District (HD- RR -LB) is
intended to regulate land use within rural residential areas planned and staged for limited
business development. Areas zoned HD -RR -LB will be rezoned at such time the use becomes
upon the availability of sewer setwiee and when consistent with the N c...g plaR-
"
"Future
Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning
district regulations will be consistent with the comprehensive plan guidance of the property for
Limited Business use.
(B) General regulation. All regulations governing the Rural Residential (RR) Zoning
District shall also apply to properties zoned Rural Residential Limited Business Holding District
(HD- RR -LB) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RR -LB
Zoning District shall be the same as in the Rural Residential (RR) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -RR -LB zoning district:
4
(1) Those uses identified as permitted by Conditional Use Permit in the Rural Residential
(RR) zoning district except that Qpen Space Development Projects shall be prohibited
(E) Accessory uses and structures, Regulations governing accessory uses and structures in
the HD -RR -LB Zoning District shall be the same as in the Rural Residential (RR) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Rural
Residential Limited Business Holding District (HD- RR -LB) shall be the same as in the Rural
Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a
nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and/or a 20 -acre parcel located
on a comer or abutting a street on 2 sides not reduced by more than 15% due to road right -of-
way and survey variations). Lots that were in existence prior to 7 -1 -07 which are conforming to
the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as
conforming to minimum lot size.
(G) Special requirements. All building permits in the Rural Residential Limited Business
Holding District (HD- RR -LB) shall, prior to the issuance of such a building permit, provide a
sketch subdivision plan which illustrates roadway and setback locations should the property be
resubdivided in the future.
(H) Cluster development. Cluster development in the HD -RR -LB Zoning District is
prohibited.
§ 154.034 HD -RR -RAD - RURAL RESIDENTIAL AG DENSITY HOLDING DISTRICT.
(A) Purpose. The Rural Residential Ag Density Holding District (HD -RR -RAD) is
intended to regulate land use within rural residential areas planned and staged for Rural
Agricultural Density development. Areas zoned HD -RR -RAD will be rezoned at such time the
use becomes , consistent with the alq)e*e�
Staging- Plata "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The
future zoning district regulations will be consistent with the comprehensive plan guidance of the
property for Rural Agricultural use.
(B) General regulation. All regulations governing the Rural Residential (RR) Zoning
District shall also apply to properties zoned Rural Residential Ag Density Holding District (HD-
RR -RAD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RR-
RAD Zoning District shall be the same as in the Rural Residential (RR) Zoning District.
5
( ) Uses permitted by interim use permit. The following uses may permitted as an
interim use permit in the HD -RR -RAD zoning district
(1) Those uses identified as permitted by Conditional Use Permit in the Rural Residential
(RR) zoning district except to hat open space development projects shall be prohibited
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RR -RAD Zoning District shall be the same as in the Rural Residential (RR) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Rural
Residential Ag Density Holding District (HD -RR -RAD) shall be the same as in the Rural
Residential (RR) Zoning District except for minimum lot size which shall be a minimum of a
nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel located
on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right -of-
way and survey variations). Lots that were in existence prior to 7 -1 -07 which are conforming to
the minimum lot size standard of the Rural Residential (RR) Zoning District shall be viewed as
conforming to minimum lot size.
(G) Special requirements. All building permits in the Rural Residential Ag Density
Holding District (HD -RR -RAD) shall, prior to the issuance of such a building permit, provide a
sketch subdivision plan which illustrates roadway and setback locations should the property be
resubdivided in the future.
(H) Cluster development. Cluster development in the HD -RR -RAD Zoning District is
prohibited.
HOLDING DISTRICT.
(A) Purpose, The Rural Residential Sewered Residential Holding District (HD -RR -SRD)
is intended to regulate land use within rural residential areas planned and staged for sewered
residential development. Areas zoned HD -RR -SRD will be rezoned at such time the use becomes
upon the availability of sewer�e and A 1pn consistent with the ' "D° elo nt con Plan"
.�y
"Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning
district regulations will be consistent with the comprehensive plan guidance of the property for
Sewered Residential use.
(B) General regulation. All regulations governing the Rural Residential (RR) Zoning
District shall also apply to properties zoned Rural Residential Sewered Residential Holding
District (HD -RR -SRD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RR-
SRD Zoning District shall be the same as in the Rural Residential (RR) Zoning District.
Cyr mane._ 08-032 "Ffy C u a -; -19 -10
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -RR -SRD zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the Rural Residential
(RR zoning district except that open space development projects shall be prohibited
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RR -SRD Zoning District shall be the same as in the Rural Residential (RR) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Rural
Residential Sewered Residential Holding District (HD -RR -SRD) shall be the same as in the
Rural Residential (RR) Zoning District except for minimum lot size which shall be a minimum
of a nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and/or a 20 -acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road
right -of -way and survey variations). Lots that were in existence prior to 7 -1 -07 which are
conforming to the minimum lot size standard of the Rural Residential (RR) Zoning District shall
be viewed as conforming to minimum lot size.
(G) Special requirements. All building permits in the Rural Residential Sewered
Residential Holding District (HD -RR -SRD) shall, prior to the issuance of such a building permit,
provide a sketch subdivision plan which illustrates roadway and setback locations should the
property be resubdivided in the future.
(H) Cluster development. Cluster development in the HD -RR -SRD Zoning District is
prohibited.
(A) Purpose. The One Family Ag Density Holding District (HD- Rl -RAD) is intended to
regulate land use within single family residential areas planned and staged for sewered
residential development. Areas zoned HD- RI -RAD will be rezoned at such time the use becomes
upon the availability of se. sei=viee d when consistent with the 'Devek)pffi°f* Stag:..,. Plan"
"Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning
district regulations will be consistent with the comprehensive plan guidance of the property for
Rural Agricultural use.
(B) General regulation. All regulations governing the One Family Residential (R -1)
zoning district shall also apply to properties zoned One Family Ag Density Holding District
(HD- RI-RAD) except as outlined in this section.
7
Ordinance 0&,03w Grty:;vuracra; 10 ..99..,`t:
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -Rl-
RAD zoning district shall be the same as in the One Family Residential (R -1) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -RI -RAD zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the One Famil
Residential (R -1) zoning district.
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -Rl -RAD Zoning District shall be the same as in the One Family Residential (R -1)
Zoning District.
(F) Minimum district requirements. The minimum district requirements in the One Family
Ag Density Holding District (HD -RI -RAD) shall be the same as in the One Family Residential
(R -1) Zoning District except for minimum lot size which shall be a minimum of a nominal 20
acres (a 20 -acre parcel not reduced by more than 10% and/or a 20 -acre parcel located on a corner
or abutting a street on 2 sides not reduced by more than 15% due to road rigbt -of -way and survey
variations). Lots that were in existence prior to 7 -1 -07 which are conforming to the minimum lot
size standard of the Rural Residential (RR) Zoning District shall be viewed as conforming to
minimum lot size.
§ 154.043 HD -R1-SRD - ONE - FAMILY SEWERED RESIDENTIAL HOLDING
DISTRICT.
(A) Purpose. The One - Family Sewered Residential Holding District (HD -RI -SRD) is
intended to regulate land use within single family residential areas planned and staged for
sewered residential development. Areas zoned HD -RI -SRD will be rezoned at such time the use
becomes w. ilwbil t cf ,. ��T � consistent with the nDe� +t
upc y
Staging Plafi" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The
future zoning district regulations will be consistent with the comprehensive plan guidance of the
property for Sewered Residential use.
(B) General regulation. All regulations governing the One - Family Residential (R -1)
Zoning District shall also apply to properties zoned One - Family Sewered Residential Holding
District (HD -Rl- SRD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -Rl-
SRD Zoning District shall be the same as in the One - Family Residential (R -1) Zoning District.
E
Ot'Lihlance LAB -013
r'.tty Cr7UtIC71. 70- 19-40
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -Rl -SRD zoning district
(1) Those uses identified as permitted by Conditional Use Permit in the One - Family
Residential (R -1) zoning district.
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RI-SRD Zoning District shall be the same as in the One - Family Residential (R -1) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the One - Family
Sewered Residential Holding District (HD -RI-SRD) shall be the same as in the One - Family
Residential (R -1) Zoning District except for minimum lot size which shall be a minimum of a
nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel located
on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right -of-
way and survey variations). Lots that were in existence prior to 7 -1 -07 which are conforming to
the minimum lot size standard of the One Family Residential (R -1) Zoning District shall be
viewed as conforming to minimum lot size.
§ 154.046 MANUFACTURED HOME PARK URBAN RESIDENTIAL HOLDING
DISTRICT.
(A) Purpose. The Manufactured Home Park Urban Residential Holding District (HD -R3-
URD) is intended to regulate land use within manufactured home park areas planned and staged
for Sewered urban residential development. Areas zoned HD -R3 -URD will be rezoned at such
time the use beCOmeS -
cn COIIS1Stent with the
'Q°yelepv eR4 Stagiu.g Plan" "Future Land Use Plan " contained in the Lake Elmo
Comprehensive Plan. The future zoning district regulations will be consistent with the
comprehensive plan guidance of the property for Urban Residential use.
(B) General regulation. All regulations governing the Manufactured Home Park (R -3)
Zoning District shall also apply to properties zoned Manufactured Home Park Urban Residential
Holding District (HD -R3 -URD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -R3-
URD Zoning District shall be the same as in the Manufactured Home Park (R -3) Zoning District.
Connection to the municipal sanitary sewer system and municipal water supply shall be required.
■
-0-000 r .-
M
t°ctma?�ce 03 -032 City Co"uncit: ;G'_rc..,0
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -R3 -URD zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the Manufactured
Home Park (R -3) Zoning District.
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -R3 -URD Zoning District shall be the same as in the Manufactured Home Park (R -3)
Zoning District.
(F) Minimum district requirements. The minimum district requirements in the
Manufactured Home Park Urban Residential Holding District (HD -R3 -URD) shall be the same
as in the Manufactured Home Park (R-3) Zoning District except for minimum lot size which
shall be a minimum of a nominal 20 acres (a 20 -acre parcel not reduced by more than 10%
and/or a 20 -acre parcel located on a corner or abutting a street on 2 sides not reduced by more
than 15% due to road right -of -way and survey variations). Lots that were in existence prior to 7-
1-07 which are conforming to the minimum lot size standard of the Manufactured Home Park
(R -3) Zoning District shall be viewed as conforming to minimum lot size.
§ 154.049 HD -RE -LB - RESIDENTIAL ESTATES LIMITED BUSINESS HOLDING
DISTRICT.
(A) Purpose. The Residential Estates Limited Business Holding District (HD- RE -LB) is
intended to regulate land use within residential estate areas planned and staged for sewered
limited business development. Areas zoned HD -RE -LB will be rezoned at such time the use
becomes »i eia tl': u' v '^m"i �r3F'v`Jc°i— `c}�� consistent with the "D-nvrciropiin' -rxt
Staging Plan" "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The
future zoning district regulations will be consistent with the comprehensive plan guidance of the
property for sewered Limited Business use.
(B) General regulation. All regulations governing the Residential Estates (RE) Zoning
District shall also apply to properties zoned Residential Estates Limited Business Holding
District (HD- RE -LB) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RE -LB
Zoning District shall be the same as in the Residential Estates (RE) Zoning District.
Distriet shall be the same as in the Residentia4
Estates (RE) Zoning Distfiet exeept that open spaoe develepmen,4 prE�eets shall be prohibited,
(D) Uses permitted by interim use permit. The following uses may be permitted as an
interim use permit in the HD -RE -LB zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the Residential
Estates (RE) zoning district except that Qpen Space Development Projects shall be prohibited
10
C =rct;r ?ar ^v "r,3 -C32 citv t 10-19 ;
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RE -LB Zoning District shall be the same as in the Residential Estates (RE) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Residential
Estates Limited Business Holding District (HD- RE -LB) shall be the same as in the Residential
Estates (RE) Zoning District except for the following:
(1) Minimum lot size shall be a nominal 20 acres (a 20 -acre parcel not reduced by more
than 10% and /or a 20 -acre parcel located on a corner or abutting a street on 2 sides not reduced
by more than 15% due to road right- of-way and survey variations). Lots that were in existence
prior to 7 -1 -07 which are conforming to the minimum lot size standard of the Residential Estates
(RE) Zoning District shall be viewed as conforming to minimum lot size.
(2) Subdivision density shall be based on a 20 acres average, and no outlots are to
remain in the subdivision.
§ 154.050 HD -RE -SRD - RESIDENTIAL ESTATES SEWERED RESIDENTIAL
HOLDING DISTRICT.
(A) Purpose. The Residential Estates Sewered Residential Holding District (HD -RE -SRD)
is intended to regulate land use within residential estate areas planned and staged for sewered
residential development. Areas zoned HD -RE -SRD will be rezoned at such time the use becomes
Upon the availability of sewef sen4ee and w consistent with the "Developmeat Stagin P4anI
"Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning
district regulations will be consistent with the comprehensive plan guidance of the property for
sewered residential use.
(B) General regulation.. All regulations governing the Residential Estates (RE) Zoning
District shall also apply to properties zoned Residential Estates Sewered Residential Holding
District (HD -RE -SRD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -RE-
SRD Zoning District shall be the same as in the Residential Estates (RE) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -RE -SRD zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the Residential
Estates (RE) zoning district except that open space development projects shall be prohibited
11
Ordvianc-a 08-032
iry Uouncfl� '10-10- 10
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the HD -RE -SRD Zoning District shall be the same as in the Residential Estates (RE) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Residential
Estates Sewered Residential Holding District (HD -RE -SRD) shall be the same as in the
Residential Estates (RE) Zoning District except for the following;
(1) Minimum lot size shall be a nominal 20 acres (a 20 -acre parcel not reduced by more
than 10% and /or a 20 -acre parcel located on a corner or abutting a street on 2 sides not reduced
by more than 15% due to road right -of -way and survey variations). Lots that were in existence
prior to 7 -1 -07 which are conforming to the minimum lot size standard of the Residential Estates
(RE) Zoning District shall be viewed as conforming to minimum lot size.
(2) Subdivision density shall be based on a 20 acres average, and no outlots are to
remain in the subdivision.
(A) Purpose. The General Business — Business Park Holding District (HD- GB -BP) is
intended to regulate land use within general business areas planned and staged for sewered
business park development. Areas zoned HD -GB -BP will be rezoned at such time the use
becomes epe ch ^'^'^' 4y ^F ^� ' " consistent with the "T`°° ant
°fir "Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The
future zoning district regulations will be consistent with the comprehensive plan guidance of the
property for Business Park use.
(B) General regulation. All regulations governing the General Business (GB) Zoning
District shall also apply to properties zoned General Business — Business Park Holding District
(HD- GB -BP) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -GB -BP
Zoning District shall be the same as in the General Business (GB) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -GB -BP zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the General Business
(GB) Zoning District.
12
Ordinance 03 -032 r 1:
(E) Accessory uses. Accessory uses and the general requirements of such in the HD -GB -BP
Zoning District shall be the same as in the General Business (GB) Zoning District.
(F) Minimum district requirements. The minimum district requirements in the General
Business — .Business Park Holding District (HD- GB -BP) shall be the same as in the General
Business (GB) Zoning District except for minimum lot size which shall be a minimum of a
nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and/or a 20 -acre parcel located
on a comer or abutting a street on 2 sides not reduced by more than 15% due to road right -of-
way and survey variations). Lots that were in existence prior to 7 -1 -07 which are conforming to
the minimum lot size standard of the General Business (GB) Zoning District shall be viewed as
conforming to minimum lot size.
(G) Performance standards. Performance standards governing construction and
development in the General Business — Business Park Holding District (HD- GB -BP) shall be the
same as in the General Business (GB) Zoning District. Further development shall conform with
all standards necessary to facilitate a future hook up to the regional sewer system.
§ 154.053 HD -GB -C - GENERAL BUSINESS COMMERCIAL HOLDING DISTRICT.
(A) Purpose. The General Business Commercial Holding District (HD -GB -C) is intended
to regulate land use within general business areas planned and staged for sewered commercial
development. Areas zoned HD -GB -C will be rezoned at such time the use becomes upon --the
availability of sewer sen4ee and w consistent with the " "Development Staging Plan" "Future
Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning district
regulations will be consistent with the comprehensive plan guidance of the property for
Commercial use.
(B) General regulation. All regulations governing the General Business (GB) Zoning
District shall also apply to properties zoned General Business Commercial Holding District (HD-
GB-C) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -GB -C
Zoning District shall be the same as in the General Business (GB) Zoning District,
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use in the HD -GB -C zoning district
(1) Those uses identified as permitted by Conditional Use Permit in the General Business
(GB) zoning district.
(E) Accessory uses. Accessory uses and the general requirements of such in the HD -GB -C
Zoning District shall be the same as in the General Business (GB) Zoning District.
13
�` Jr";Ct,; I"
(F) Minimum district requirements. The minimum district requirements in the General
Business Commercial Holding District (HD -GB -C) shall be the same as in the General Business
(GB) Zoning District except for minimum lot size which shall be a minimum of a nominal 20
acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel located on a corner
or abutting a street on 2 sides not reduced by more than 15% due to road right -of -way and survey
variations). Lots that were in existence prior to 7 -1 -07 which are conforming to the minimum lot
size standard of the General Business (GB) Zoning District shall be viewed as conforming to
minimum lot size.
(G) Performance standards. Performance standards governing construction and
development in the General Business Commercial Holding District (HD -GB -C) shall be the
same as in the General Business (GB) Zoning District. Further development shall conform with
all standards necessary to facilitate a future hook up to the regional sewer system.
§ 154.054 D ; BUSINESS SEWERED RESIDENTIAL HOLDINN
DISTRICT.
(A) Purpose. The General Business Sewered Residential Holding District (HD -GB -SRD) is
intended to regulate land use within general business areas planned and staged for sewered
residential development Areas zoned HD -GB -SRD will be rezoned at such time the use becomes
the availability ,.r,.,,..,, r se e and when consistent with the "Development Stag:. ,. n,..,.,,
upc., u. r....,..�����f
"Future Land Use Plan" contained in the Lake Elmo Comprehensive Plan. The future zoning
district regulations will be consistent with the comprehensive plan guidance of the property for
sewered residential use.
(B) General regulation. All regulations governing the General Business (GB) Zoning
District shall also apply to properties zoned General Business Sewered Residential Holding
District (HD -GB -SRD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -GB-
SRD Zoning District shall be the same as in the General Business (GB) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the HD -GB -SRD zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the General Business
(GB) zoning district.
(E) Accessory uses. Accessory uses and the general requirements of such in the HD -GB-
SRD Zoning District shall be the same as in the General Business (GB) Zoning District.
14
i iiy c'oun I i
(F) Minimum district requirements. The minimum district requirements in the General
Business Sewered Residential Holding District (HD- GB -SRD) shall be the same as in the
General Business (GB) Zoning District except for minimum lot size which shall be a minimum
of a nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road
right -of -way and survey variations). Lots that were in existence prior to 7 -1 -07 which are
conforming to the minimum lot size standard of the General Business (GB) Zoning District shall
be viewed as conforming to minimum lot size.
(G) Performance standards. Performance standards governing construction and
development in the General Business Sewered Residential Holding District (HD- GB -SRD) shall
be the same as in the General Business (GB) Zoning District. Further development shall conform
with all standards necessary to facilitate a future hook up to the regional sewer system.
§ 154.059 VR -A - VILLAGE RESIDENTIAL AGRICULTURE HOLDING DISTRICT.
(A) Purpose. The Village Residential Agriculture District (VR -A) is intended to regulate
land use within agricultural areas planned and staged for development in accordance with the
Village Plan. Areas zoned VR -A will be rezoned in accordance with the guided land use outlined
in the Village Plan -at regicnal -o e4F14-ee availab! e te the .,r ;e . p_ eft..
(B) General regulation. All regulations governing the Agricultural (A) Zoning District
shall also apply to properties zoned Village Residential Agriculture District (VR -A) except as
outlined in this section.
(C) Permitted uses. The permitted uses in the VR -A Zoning District shall be the same as in
the Agricultural (A) Zoning District except that non -farm dwellings shall be prohibited.
(D) Uses permitted by interim use permit. The following uses may be permitted as an
interim use permit in the VR -A zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the Agricultural
zoning district except that Open Space Development Projects shall be prohibited
(E) Accessory uses. The accessory uses in the VR -A Zoning District shall be the same as in
the Agricultural (A) Zoning District.
(F) Minimum district requirements. The minimum district requirements in the Village
Residential Agriculture District (VR -A) shall be the same as in the Agricultural (A) Zoning
District.
(G) Cluster development. Cluster development in the VR -A Zoning District is prohibited.
15
Ordnarru CS G'
(H) Non - agricultural low impact use standards. Regulations governing non - agricultural
low impact use standards in the VR -A Zoning District shall be the same as the Agricultural (A)
Zoning District.
§ 154.060 VR -GB - VILLAGE RESIDENTIAL GENERAL BUSINESS HOLDING
DISTRICT.
(A) Purpose. The Village Residential General Business District (VR -GB) is intended to
regulate land use within general business areas planned and staged for development in
accordance with the Village Plan. Areas zoned VR -GB will be rezoned in accordance with the
guided land use outlined in the Village Plan at ch t me a e � of :al
sewef seniee is available to
(B) General regulation. All regulations governing the General Business (GB) Zoning
District shall also apply to properties zoned Village Residential General Business District (VR-
GB) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the VR -GB
Zoning District shall be the same as in the General Business (GB) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the VR -GB zonine district:
(1) Those uses identified as permitted by Conditional Use Permit in the General Business
(GB) zonine district.
(E) Accessory uses. Accessory uses and the general requirements of such in the VR -GB
Zoning District shall be the same as in the General Business (GB) Zoning District.
(F) Minimum district requirements. The minimum district requirements in the Village
Residential General Business District (VR -GB) shall be the same as in the General Business
(GB) Zoning District except for minimum lot size which shall be a minimum of a nominal 20
acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel located on a corner
or abutting a street on 2 sides not reduced by more than 15% due to road right -of -way and survey
variations). Lots that were in existence prior to 7 -1 -07 which are conforming to the minimum lot
size standard of the General Business (GB) Zoning District shall be viewed as conforming to
minimum lot size.
(G) Performance standards. Performance standards governing construction and
development in the Village Residential General Business District (VR -GB) shall be the same as
in the General Business (GB) Zoning District. Further development shall conform with all
standards necessary to facilitate a future hook up to the regional sewer system.
16
O.— finance 0-S -7032
§ 154.061 VR -R1 - VILLAGE RESIDENTIAL ONE- FAMILY HOLDING DISTRICT.
(A) Purpose. The Village Residential One - Family District (VR -RI) is intended to regulate
land use within single - family residential areas planned and staged for development in accordance
with the Village Plan. Areas zoned VR -R1 will be rezoned in accordance with the guided land
use outlined in the Village Plan + ° ° ° °d �w'
J
pfop
(B) General regulation. All regulations governing the One - Family Residential (R -1)
Zoning District shall also apply to properties zoned Village Residential One - Family District
(VR -RI) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the VR -Rl
Zoning District shall be the same as in the One - Family Residential (R -1) Zoning District.
(D) Uses permitted by interim use permit The following uses may be permitted as an
interim use permit in the f VR -Rl zoning district:
(1) Those uses identified as permitted by Conditional Use Permit in the One - Family
Residential (R -1) zoning district.
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the VR -R1 Zoning District shall be the same as in the One - Family Residential (R -1) Zoning
District.
(F) Minimum district requirements. The minimum district requirements in the Village
Residential One Family District (VR -RI) shall be the same as in the One - Family Residential (R-
1) Zoning District except for minimum lot size which shall be a minimum of a nominal 20 acres
(a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel located on a corner or
abutting a street on 2 sides not reduced by more than 15% due to road right -of -way and survey
variations). Lots that were in existence prior to 7 -1 -07 which are conforming to the minimum lot
size standard of the One - Family Residential (R -1) Zoning District shall be viewed as conforming
to minimum lot size.
(A) Purpose. The Village Rural Residential District (VR -RR) is intended to regulate land
use within rural residential areas planned and staged for development in accordance with the
Village Plan. Areas zoned VR -RR will be rezoned in accordance with the guided land use
outlined in the Village Plan at ij a -
a J
pf&pefty.
17
O ip,ance J8 c03 Council: 10 ..7 _t(
(B) General regulation. All regulations governing the Rural Residential (RR) Zoning
District shall also apply to properties zoned Village Rural Residential District (VR -RR) except as
outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the VR -RR
Zoning District shall be the same as in the Rural Residential (RR) Zoning District.
(D) Uses permitted by interim use permit. The followine uses may permitted as an
interim use permit in the VR -RR zoning district:
(1) Those uses identified as Permitted by Conditional Use Permit in the Rural Residential
(RR) zonine district except that open space development projects shall be prohibited
(E) Accessory uses and structures. Regulations governing accessory uses and structures in
the VR -RR Zoning District shall be the same as in the Rural Residential (RR) Zoning District.
(F) Minimum district requirements. The minimum district requirements in the Village
Rural Residential District (VR -RR) shall be the same as in the Rural Residential (RR) Zoning
District except for minimum lot size which shall be a minimum of a nominal 20 acres (a 20 -acre
parcel not reduced by more than 10% and/or a 20 -acre parcel located on a corner or abutting a
street on 2 sides not reduced by more than 15% due to road right -of -way and survey variations).
Lots that were in existence prior to 7 -1 -07 which are conforming to the minimum lot size
standard of the Rural Residential (RR) Zoning District shall be viewed as conforming to
minimum lot size.
(G) Special requirements. All building permits in the Village Rural Residential District
(VR -RR) shall, prior to the issuance of such a building permit, provide a sketch subdivision plan
which illustrates roadway and setback locations should the property be resubdivided in the
future.
(H) Cluster development. Cluster development in the VR -RR Zoning District is prohibited.
§ 154.066 r LIMITED BUSINESS SEWERED RESIDENTIAL HOLD111
DISTRICT.
(A) Purpose. The Limited Business Sewered Residential Holding District (HD- LBSRD) is
intended to regulate land use within limited business areas planned and staged for sewered
residential development. Areas zoned HD- LB -SRD will be rezoned at such time the use
becomes ^ " ° . w' =chili ,° cf s .. consistent with "Developmen
Stagiftg "Future Land Use Plan" contained in the Comprehensive Plan. The future zoning
district regulations will be consistent with the Comprehensive Plan guidance of the property for
sewered residential use.
18
orchn« rr e 08-032 r i,� v ^out if 0-1 9-1 i
(B) General regulation. All regulations governing the Limited Business (LB) Zoning
District shall also apply to properties zoned Limited Business Sewered Residential Holding
District (HD -LB -SRD) except as outlined in this section.
(C) Permitted uses. Permitted uses and the general requirements of such in the HD -LB-
SRD Zoning District shall be the same as in the Limited Business (LB) Zoning District.
(D) Uses permitted by interim use permit. The following uses may be permitted as an
interim use permit in the HD -LB -SRD zoning district
(1) Those uses identified as permitted by Conditional Use Permit in the Limited Business
(LB) zoning district.
(E) Accessory uses. Accessory uses and the general requirements of such in the HD -LB-
SRD Zoning District shall be the same as in the Limited Business (LB) Zoning District.
(F) Minimum district requirements. The minimum district requirements in the Limited
Business Sewered Residential Holding District (HD -LB -SRD) shall be the same as in the
Limited Business (LB) Zoning District except for minimum lot size which shall be a minimum
of a nominal 20 acres (a 20 -acre parcel not reduced by more than 10% and /or a 20 -acre parcel
located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road
right- of-way and survey variations). Lots that were in existence prior to July 1, 2007 which are
conforming to the minimum lot size standard of the Limited Business (LB) Zoning District shall
be viewed as conforming to minimum lot size.
(G) Performance standards. Performance standards governing construction and
development in the Limited Business Sewered Residential Holding District (HD -LB -SRD) shall
be the same as in the Limited Business (GB) Zoning District. Further development shall conform
with all standards necessary to facilitate a future hook up to the regional sewer system.
SECTION 2. Effective hate
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date
This Ordinance No. 08 -032 was adopted on this 19t" day of October 2010, by a vote of Ayes
and Nays.
19
C7rr „'inartc,- 08 -032
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
ccuncd: 1 0- 19- 10
This Ordinance No 08 -032 was published on the _ day of 12010.
20
Orn',,nance 08-032 citv
✓ 1 !' + f
Resources
Land Use Planning
Zoning
462.3597 INTERIM USES.
Subdivision 1.DeEinition.
An "interim use" is a temporary rise of property until a particular date, until
the occurrence of a particular event, or until zoning regulations no longer permit it.
Subd. 2.Authority.
Zoning regulations may permit the governing body to allow interim uses. The
regulations may set conditions on intchIm uses. The governing body may grant
permission for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with
certainty;
k') 3'1 permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems
appropriate for permission of the use.
Any 'interim use may be terminated by a change in zoning regulations.
Subd. 3.Public hearings.
Public hearings on the granting of interim use permits shall be held in the
manner provided in section 462.357, subdivision 3.
History:
1989 c 200 s 2
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-032 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08 -032,
an ordinance to regulate signage within the City of Lake Elmo; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08 -032 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08 -032. The ordinance
revises nineteen holding zoning district requirements to eliminate the property owners' ability to
apply for future conditional use permits until the land is developed with city sewer in conformance
with the City's Comprehensive Plan. Instead, the code amendments allow those uses previously
identified as a conditional use to alternatively be permitted as an interim use. The full text of
Ordinance No.08 -032 is available for inspection at Lake Elmo city hall during regular business
hours.
Mayor Dean Johnston
BE IT FURTHER RESOLVER by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance in his office at city hall for public inspection and
that he post a Ul copy of the ordinance in a public place within the city.
Dated: � 2010.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Planning Commission
Date: 10/18/10
Public hearing
Item: 4b
ITEM: Hold a public hearing and consider an ordinance to revise the holding
district zoning requirements to replace conditional uses with interim uses
SUBMITTED BY: Kelli Matzek, City Planner
REVIEWED BY: Bruce Messelt, City Administrator
Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED:
The Planning Commission is asked to hold a public hearing to discuss revisions to nineteen
zoning districts established in 2007 for areas guided for future sewered development. The
primary amendment proposed for the holding districts would eliminate the property owners' ability
to apply for future conditional use permits until the land is developed with city sewer and is in
conformance with the City's Comprehensive Plan. Instead, the code amendments would allow
those uses previously identified as a conditional use to alternatively be permitted as an interim
use.
ADDITIONAL INFORMATION:
Existing conditional use permits continue to be valid until such time the use is discontinued for a
year or the conditions of approval are not met. Those uses identified as permitted (requiring a
site plan review or no review by the city) are proposed to continue to be allowed as permitted
uses on the property until such time the use is developed in conformance with the Lake Elmo
Comprehensive Plan.
An IUP is an important zoning tool because, unlike conditional use permits (CUPs), an IUP can
be eliminated once a specific trigger occurs. Typically IUP's will terminate on a specific date, at
the occurrence of a specific event, or until zoning regulations would no longer permit such a use.
In contrast, a CUP cannot be terminated provided the conditions of approval continue to be met.
The city adopted the general requirements allowing Interim Use Permits in the city in December
of 2007. Since then, two IUP's have been permitted.
Staff is recommending those uses identified for a year or less be considered a Special Event and
administratively processed through a Special Event Permit. City staff has drafted a Special Event
Permit and associated ordinance, but has not had it back in front of the Council for formal
approval.
An IUP is an important zoning tool because, unlike conditional use permits (CUPs), an IUP can
be eliminated once a specific trigger occurs. Typically IUP's will terminate on a specific date, at
the occurrence of a specific event, or until zoning regulations would no longer permit such a use.
In contrast, a CUP cannot be terminated provided the conditions of approval continue to be met.
RECOMMENDATION:
• If the language is acceptable to the commission, the commission should
recommend approval of the language (with any necessary edits) and forward
such to City Council for consideration.
• If the commission is uncomfortable with the ordinance or would like other aspects
examined, the item could be tabled with direction given to staff.
ORDER OF BUSINESS:
- Introduction ............................................. ............................... Kelli Matzek, City Planner
- Report by staff ........................................ ............................... Kelli Matzek, City Planner
- Questions from the Commission .... ............................... Chair & Commission Members
- Open the Public Hearing on the IUP Ordinance .......................... ..........................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 (2):
1. Proposed Ordinance 2008 — 032 to revise regulations governing the issuance of
interim use permits.
2. Resolution 2010 —054 for summary publication
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08 -031
AN ORDINANCE AMENDING THE INTERIM USE PERMIT
REQUIREMENTS OF SECTION 154.019 AND ADDING A DEFINITION
OF AN INTERIM USE
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
add the following definition:
Interim Use - a temporary use of rp operty until a particular date until the occurrence of a
particular event or until zoning regulations no longer permit it
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, by adding the amending the following language:
§ 154.019 INTERIM USE PERMITS.
(A) Purpose and intent. The purpose and intent of allowing interim uses are:
(1) Toa4le use 1F .. b..-.efp ad-of tim until 7 obtained
� � re r
while the « „t loeation is u-nd-ef
(1) To allow a use for a limited period of time that reasonably utilizes the propert y
where such use is not consistent with the Future Land Use Map in the Comprehensive Plan; and
(2) To allow a use that is presently acceptable, but that with anticipated development
or redevelopment or other significant change, will not be acceptable in the future or will be
replaced by a permitted or conditional use allowed within the respective district; and
anee with the Comprehensive Plaii provid-ad that s-a-id use maintains hafmony
design staiidafds of exis-fing uses and develepfliefkt;
(B) General standards. An interim use permit may be granted only if the City Council
finds as follows:
r lrr r;�u 8 -031 col"Incil: 93 -19 - "r t1
(1) The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
(2) The use will not adversely impact nearby properties through nuisance, noise, traffic,
dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
(3) The use will not adversely impact implementation of the Comprehensive Plan.
(4) The date or event that will terminate the use is identified with certainty.
(5) The ..ppli,. ..t 1. signed n ,.t .. e nt .. that the pt.___.. _ _
rr , � er,
well agreeiiag tlfar The interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future.
(6) The user agrees to all conditions that the City Council deems appropriate for
permission of the use. This may include including the requirement of appropriate financial
surety such as a letter of credit or other security acceptable to the City to cover the cost of
removing the interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit.
(7) There are no delinquent property taxes, special assessments, interest, or city utility
fees due upon the subject parcel.
(8) The term of the interim use does not exeeed'' yea--s-shall be set by the City Council
at the time of approval.
(C) Recordkeeping. The Zoning Administrator shall maintain a record of all applications
and all interim use permits issued, including information on the use, location, conditions imposed
by the community, time limits, review dates, and such other information as may be appropriate.
(D) Application. Applications for an interim use permit shall be made by the fee owner or
authorized representative of the fee owner of the property upon which the interim use is
proposed. All applications shall include the following:
(1) A completed application form signed by the fee owner of the property or by the fee
owner's authorized representative;
(2) Application fee;
(3) Proof of ownership consisting of an abstract of title or registered property certificate
of aafliorized - .-,.,.efafni er �� on which the interim use is requested;
(4) r'°`aat -Plans for the proposed use showing all information deemed necessary
by the Administrator to ensure the community can determine whether the proposed developme
10 -,a9
use and /or improvements will meet all applicable a efit standards. Such information may
include but shall not be limited to the following:
(a) Site plan drawn to scale showing parcel and existing topography;
(b) Location of all buildings and their size, including square footage;
(c) Curb cuts, driveways, access roads, parking spaces, off - street loading areas, and
sidewalks;
(d) Landscaping and screening plans, including species and size of trees and shrubs
proposed;
(e) Finished grading and drainage plan sufficient to drain and dispose of all surface
water accumulated;
(f) Type of business or activity and proposed number of employees;
(g) Proposed floor plan and elevations of any building with use indicated;
(h) Sanitary sewer and water plan with estimated flow rates;
(i) Soil type and soil limitations for the intended use. If severe soil limitations for the
intended use are noted, a plan or statement indicating the soil conservation practice or practices
to be used to overcome the limitation shall be made part of the application; and
The - -li ti - f shall l a b list ff L
Y J p the
names and the mailing address of the repord, olvnsfq Rf all pfop" within a FAinimum ef 3 50 cal.&
of the prop", for whieh the eanditional use pefmit is seaght; verified as to aeeuFaey by the
applieant -A certified list of property owners located within 350 feet of the subject propert y
obtained from and certified by a licensed abstractor;
k- 5)-(61 A letter from the applicant explaining the proposal and stating the date or event
that will terminate the use;
The - -li ti - f shall l a b list ff L
Y J p the
names and the mailing address of the repord, olvnsfq Rf all pfop" within a FAinimum ef 3 50 cal.&
of the prop", for whieh the eanditional use pefmit is seaght; verified as to aeeuFaey by the
applieant -A certified list of property owners located within 350 feet of the subject propert y
obtained from and certified by a licensed abstractor;
k- 5)-(61 A letter from the applicant explaining the proposal and stating the date or event
that will terminate the use;
Or:linance 3 -031
coul"Cil, 10 -1c13 10
-(6)-La A signed consent agreement, subject to review and approval by the City Council
provided by the eit y ee oocumenting:
(a) That the applicant, owner, operator, tenant and/or user has no entitlement to
future reapproval of the interim use permit;
(b) That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future; and
(c) That the applicant, owner, operator, tenant and/or user will abide by conditions of
approval that the City Council attaches to the interim use permit.
cofflffiftwfli3;
( ) map showing principal t 1
interim use is pr-epesed�'
(9) A eeftified list of property
f WM and any other information that maybe reasonably required by the city to
evaluate the application.
(E) Planning Commission review and public hearing. The Zoning Administrator shall refer
completed applications to the Planning Commission for consideration and a public hearing at the
next available regular meeting as determined by staff. Prior to the meeting, the Zoning
Administrator shall complete the following.
(1) Distribute the application to appropriate city departments and commenting agencies
to receive feedback;
(2) Publish notice of the purpose, time and place of the public hearing in the official
newspaper of the community, and mail notices to all property owners located within a minimum
of 350 feet of the property described in the application, at least 10 days prior to the date of the
hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent
shall be attested to by the responsible person and shall be made a part of the records of the
proceedings. Failure to give mailed notice to individual property owners or defects in the notice
shall not invalidate the proceedings, provided a bone fide attempt to comply with the provisions
of this section has been made.
(3) Prepare a staff report analyzing the request under city code requirements for
consideration by the Planning Commission.
(4) After considering the application, the staff report, testimony from the applicant and
the public and any other relevant information; the Planning Commission shall recommend
4
Orciinance 08 031
t0- ?.9 -1Ci
approval, approval with conditions, or denial. The recommendation of the Planning Commission
shall be forwarded to the City Council as soon as practical, and in a manner which allows the
City Council time to make a final determination on the request within the state mandated
timelines for reviewing land use applications.
(F) City Council action. After considering the application, recommendation of the
Planning Commission, any staff reports, testimony from the public hearing and any other
relevant information; the City Council shall take action on the application through approval,
approval with conditions, or denial. Should the City Council approve the application, the City
Council shall make findings on conformance to the IUP general standards, specify the term of
the interim use permit, the event(s), circumstances or conditions that shall cause termination, and
any conditions of approval.
(G) Termination. An interim use shall terminate on the happening of any of the following
events, whichever occurs first:
(1) The date or event stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city's zoning regulations which renders the use nonconforming;
or
(4) The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
(H) Suspension and revocation. The City Council may suspend or revoke an interim use
permit upon finding that the activities allowed under the permit adversely affect the public
health, safety, or welfare in ways not anticipated during approval of the permit. A suspension or
revocation of an interim use permit shall be preceded by written notice to the permittee and a
hearing. The notice shall provide at least 10 days notice of the time and place of the hearing and
shall state the nature of the violations. The notice shall be mailed to the permittee at the most
recent address listed on the application. The hearing of a contested case may, at the City
Council's option, be before the City Council or in accordance with M.S. §§ 14.57 to 14.60, but
informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, may provide an
adequate basis for imposition of sanctions.
(I) Amendments. All requested amendments to an existing interim use permit shall be
processed in the same manner as a new application.
(J) Renewal. The following process may be used to renew an active interim use permit that
is set to expire. Terminated or suspended interim use permits cannot be renewed unless the Citv
Administrator has received and approved a one -time 30 day extension to continue processing the
renewal application.
OTdina,rc,P 08 -:3`
GOUP'Gil; "0_10-10
(1) Application. Application requirements for renewal of an existing interim use permit
be the same as for a new application.
(2) Review. Upon receiving a completed application for an interim use permit renewal,
the Zoning Administrator shall send notice of the requested renewal to all property owners
within 350 feet of the parcel(s) containing the interim use. If any objections are raised within 10
days of the mailed notice, the application shall be processed in the manner of a new application.
If no objections are raised, the Zoning Administrator shall prepare a resolution of approval
outlining the conditions and stipulations of the renewal for consideration by the City Council.
Council —at its discretion —may approve or deny the request with findings. Denial of a renewal
request does not constitute termination of the existing interim use permit.
SECTION 3. Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date
This Ordinance No. 08 -031 was adopted on this 19th day of October 2010, by a vote of Ayes
and Nays.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
This Ordinance No 08 -031 was published on the day of 2010.
CITY OF LAKE ELMO
RESOLUTION NO. 2010-053
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-031 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08 -031,
an ordinance to regulate signage within the City of Lake Elmo; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08 -031 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08 -031. The ordinance
eliminates duplication of requirements, allows the City Council the ability to set the termination of
the use to a date or event, and allows an administrative extension of 30 days to eliminate a potential
time gap in a renewal application. The full text of Ordinance No.08 -031 is available for inspection
at Lake Elmo city hall during regular business hours.
Mayor Dean Johnston
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance in his office at city hall for public inspection and
that he post a full copy of the ordinance in a public place within the city.
Dated: '2010.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Planning Commission
Date: 10118/10
PUBLIC HEARING
Item: 4c
ITEM: Interim Use Permit: Consideration of an application from Cranky Ape to allow an
open sales lot for the outdoor display of merchandise such as motorhomes and
ATVs at 9200 Hudson Boulevar .
SUBMITTED BY: Kyle Klatt, Planning Director
a
REVIEWED BY: Kelli Matzek, City Planner
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to consider an interim use application from Midwest Recreation
Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow the outdoor display of merchandise for
public viewing at 9200 Hudson Boulevard North. The Commission recently reviewed a Conditional Use
Permit for the exact same use on this property, and is now being presented with a different request (for
the same use) for the following reasons:
• The City Council tabled the Conditional Use Permit application at its September 21, 2010
meeting.
• The Council has previously directed Staff to prepare amendments to the City's holding districts to
change all conditional uses to interim uses and to amend the general standards for interim uses.
The Planning Commission is being asked to consider these zoning amendments at its October
18th meeting.
• Upon further discussions with Staff regarding the status of the Conditional Use Permit, the
applicant has agreed to submit an application for an interim use permit for the proposed open
sales lot activity at 9200 Hudson Boulevard North. If the conditions and restrictions of the Interim
Use Permit are found to be acceptable to the applicant, the Conditional Use Permit request will
be withdrawn.
The new request is consistent with the proposed amendments to the City's holding districts, which is
intended to provide the City with more control over the future uses that will be located in areas subject to
new development or land use changes.
The applicants run an online auction for recreation vehicles and this site would be one in which potential
buyers could view before they bid as well as pick it up when it is bought. The products are reclaimed
items such as motor homes, boats, ATV's and RVs that are acquired from entities such as banks or
insurance companies and then prepped for sale. The specific details concerning the use proposed at
9200 Hudson Boulevard North have not changed from the Conditional Use Permit reviewed last month,
and therefore, Staff has not included all of the materials previously submitted for review.
Because the application has been submitted now as an interim use, the City's Interim Use standards
need to be used to evaluate the request rather than the Conditional Use requirements. The primary
difference between these two permits is the underlying rights that are granted by the permit. in the case
of a Conditional Use Permit, the permit runs with the land and can only be terminated once the use is
vacated for a period of at least one year or the operator violates one of the conditions of approval. An
interim use must specify a certain event or date that will end the use, and there are not inherent rights
that run with the land. Given these limitations, the proposed zoning amendments that have been drafted
by Staff would provide a little more flexibility for extending an interim use permit over a longer period of
time.
The 9.95 acre parcel under consideration is located along Hudson Boulevard and is guided for future
sewered development in the Lake Elmo Comprehensive Plan. This property is unique in that it is one of
just a few properties utilized for commercial purposes, but is in a holding district expected to be
developed for sewered residential uses. The zoning district HD -GB -SRD (Holding District - General
Business - Sewered Residential Development) specifically allows the properties to continue the uses
allowed in the General Business zoning district, both permitted and interim uses (as proposed; currently
all conditional uses are also allowed), including an open sales lot. With the proposed zoning changes to
this district, the open sales lot would only be allowed as an interim use permit.
The applicants are not proposing to make any external changes to the site. Because the Commission
already considered the Conditional Use Permit, no further discussion is needed on that application.
ANALYSIS:
Although similar to the required findings for a Conditional Use Permit (which were considered as part of
the analysis during the previous review of the applicant's site), an Interim Use Permit must meet the
general standards listed below in order to be granted. Please note that these standards have been pulled
from the draft ordinance and may be subject to change by the City Council. Staff's comments regarding
each of these standards are included as follows:
1) The use is allowed as an interim use in the respective zoning district and conforms to standard
zoning regulations. The proposed HD -GB -SRD holding district amendments would allow an
open sales lot as an interim use.
2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or
unsightliness and will not otherwise adversely impact the health, safety, and welfare of the
community. This finding has been previously made by the Planning Commission as part of
its Conditional Use Permit review. The proposed use will operate in a manner very similar
to the historic use of this site as a boat and marine dealership. The exterior storage of
vehicles and equipment will have a very minimal affect on surrounding properties, and any
unsightliness will be mitigated by appropriate landscaping, screening, and buffering.
3) The use will not adversely impact implementation of the Comprehensive Plan. There are no new
buildings proposed as part of the interim use, and no other site changes other than the use
of previous storage areas for outdoor display. The consignment sales business will not
alter the site or surrounding area in any permanent manner beyond the current situation.
4) The date or event that will terminate the use is identified with certainty. Staff is suggesting that
the termination date for the permit be set at five years from the date of approval or upon
the sale or transfer of ownership in the property, whichever occurs first.
5) The interim use will not impose additional costs on the public if it is necessary for the public to fully
or partially take the property in the future. As noted above, the Interim Use will not result in
any permanent alterations (other than interior remodeling work) beyond the improvements
that are currently located on the site. The goods being displayed for sale can be moved off
the site once the interim use permit terminates. Interior building improvements can be
performed without any special approval from the City through administrative approvals or
standard building permits.
6) The user agrees to all conditions that the City Council deems appropriate for permission of the
use. This may include the requirement of appropriate financial surety such as a letter of credit or
other security acceptable to the City to cover the cost of removing the interim use and any interim
structures not currently existing on the site, upon the expiration of the interim use permit. The
proposed conditions of approval are included in the attached draft resolution of approval
and are restated in the draft agreement. Staff is not recommending any financial guarantee
-2-
because there are no permanent site alterations being proposed as part of the applicant's
request.
7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon
the subject parcel. None have been found on this property.
8) The term of the interim use shall be set by the City Council at the time of approval. A draft
consent agreement is attached for review by the Planning Commission and could be
executed by the Council at the time it decides on the Interim Use Permit. This agreement
specifies a five year term for the permit, which could be renewed prior to the expiration
date.
Based on the above findings, Staff is recommending approval of the interim use permit.
Although it is unusual to be reviewing two applications for the same property at the same time, the City is
currently in the midst of a transition concerning zoning in the various holding districts. The applicant
certainly has the right to pursue their Conditional Use Permit and request a decision from the City Council
on this application; however, the Council may not ultimately support approval of this permit given the land
use and zoning district changes that have been proposed. The proposed amendments should provide
some additional flexibility for the City to consider interim uses over a longer period of time, while providing
the current applicant, and future applicants, with some additional assurances regarding the amount of time
and conditions under which they may operate.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the Interim Use Permit
request from Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow an
open sales lot for the outdoor display of merchandise at 9200 Hudson Boulevard with the conditions as
listed in draft Resolution No. 2010 -055.
ORDER OF BUSINESS
- Introduction ........................ ...............................
- Report by staff .................... ...............................
- Questions from the Commission .......................
- Applicant Comments.. ...... .................... ......
- Questions of the Applicant . ...............................
- rinpn the Pi thlir Hparinn
- Close the Public Hearing ..............................
- Call for a motion., ... ................ ...... — ............
- Discussion of Commission on the motion.....
- Action by the Planning Commission .............
ATTACHMENTS
1. Draft Resolution No. 2010 -055
2. Draft Interim Use Consent Agreement
3. Applicant's Narrative on Business Operation
4. Proposed Site Plan
-3-
............ ........ Kelli Matzek, City Planner
..................Kelli Matzek, City Planner
............Chair & Commission Members
..... ............................... Chair facilitates
............Chair & Commission Members
.......... ............................... Chair
.......... ............................... Chair
........................Chair Facilitates
..................Chair Facilitates
.Chair & Commission Members
t •
• • • � � � sue,
A RESOLUTION GRANTING AN INTERIM USE PERMIT TO ALLOW AN OPEN
SALES LOT AT 9200 HUDSON BOULEVARD NORTH AND APPROVING A
CONSENT AGREEMENT FOR THE INTERIM USE
WHEREAS, Midwest Recreational Clearinghouse, LLC, 6352 320`' Street Way,
Cannon Falls, MN, has requested an Interim Use Permit to establish an open sales lot
use at 9200 Hudson Boulevard North, which will allow the sale of consignment
recreation vehicle and motor sports equipment and display of such merchandise in a
HD -GB -SRD zoning district.
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.019; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
October 18, 2010, and reviewed and recommended approval of the Interim Use Permit
for an open sales lot; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 19,
2010; and
WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the applicant to
enter into a consent agreement with the City the specifies the terms and conditions of
the interim use; and
WHEREAS, the Lake Elmo City Council reviewed the interim use permit request
and consent agreement at its October 19, 2010 meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following findings:
1) That the procedures for obtaining said Interim Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.019.
2) That all the submission requirements of said Section 154.019 have been met by
the Applicant.
3) That the proposed Interim Use Permit is to establish an open sales lot, which will
allow the sale of consignment recreation vehicle and motor sports equipment and
display of such merchandise in a HD -GB -SRD zoning district.
4) That the proposed use will be located on property legally described as: Part of
the West Half of the East Half (W1/2 of E1/2) of the Southwest Quarter of the
Southwest Quarter (SW1 /4 of SW1 /4) of Section Thirty -Four (34), Township
Twenty -Nine (29) North. Range Twenty -One (21) West, Washington County,
Minnesota, containing 9.95 acres, more or less, subject to the right -of -way of
U.S. Highway No. 12. More commonly known as 9200 Hudson Boulevard North.
5) That the use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. The HD- GB -SRD holding district
allows an open sales lot as an interim use.
6) That the use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community. The proposed use will operate in a
manner very similar to the historic use of this site as a boat and marine
dealership. The exterior storage of vehicles and equipment will have a very
minimal affect on surrounding properties, and any unsightliness will be mitigated
by appropriate landscaping, screening and buffering.
7) That the use will not adversely impact implementation of the Comprehensive
Plan. There are no new buildings proposed as part of the interim use, and no
other site changes other than the use of previous storage areas for outdoor
display. The consignment sales business will not alter the site or surrounding
area in any permanent manner beyond the current situation.
8) That the date or event that will terminate the use is identified with certainty. The
consent agreement establishes a termination date for the permit be set at five
years from the date of approval or upon the sale or transfer of ownership in the
property, whichever occurs first.
9) That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future. The
Interim Use will not result in any permanent alterations (other than interior
remodeling work) beyond the improvements that are currently located on the site.
The goods being displayed for sale can be moved off the site once the interim
use permit terminates. Interior building improvements can be performed without
any special approval from the City through administrative approvals or standard
building permits.
10) That there are no delinquent property taxes, special assessments, interest, or
city utility fees due upon the subject parcel.
NOW, THERFORE, BE IT FURTHER RESOLVED that the Lake Elmo City
Council hereby approves an Interim Use Permit at 9200 Hudson Boulevard North to
establish a open sales lot use and authorizes the execution of the consent agreement for
this interim use subject to the following conditions:
1) That the applicant signs the approved consent agreement with the City in
accordance with Section 154.019, Subd. (B, 5) of the City Code,
2) Additional landscaping must be added by the applicant to comply with the original
landscaping plan approved for the property. A revised landscape plan shall be
submitted for review and approval by the Planning Director. No parking or
storage of vehicles shall be permitted within the rear portion of the property
(north of any buildings on the site) until the landscaping has been installed per
the approved plan and be in compliance with the review provided by the City
Forester.
3) All exposed soils and eroded areas on the site must be corrected and restored
properly.
4) All silt fencing shall be removed from the site.
5) Merchandise being displayed on the exterior portions of the site shall be
arranged in a neat and orderly manner.
6) Applicant shall not accumulate or store junk vehicles or equipment outside of any
buildings on the property.
This resolution was adopted by the City Council of the City of Lake Elmo on the 19`h day
of October 2010, by a vote of Ayes and Nays.
Dean A. Johnston, Mayor
ATTEST:
Bruce Messlet, City Administrator
(SEAL)
1.0 Parties. This Consent Agreement /Interim Use Permit ( "Agreement ") is
entered into by and between the City of Lake Elmo, a Minnesota statutory
( "City "); and Midwest Recreational Clearinghouse, LLC, a Minnesota limited
liability corporation ( "Applicant ").
2.0 Recitals.
A. Applicant is the record fee owner of the following described property
situated in Lake Elmo, MN (`Property "):
Part of the West Half of the East Half (W1 /2 of E1/2) of the
Southwest Quarter of the Southwest Quarter (SW1 /4 of
SW1 /4) of Section Thirty -Four (34), Township Twenty -Nine
(29) North. Range Twenty -One (21) West, Washington
County, Minnesota, containing 9.95 acres, more or less,
subject to the right -of -way of U.S. Highway No. 12.
More commonly known as 9200 Hudson Boulevard North.
B. The Property is zoned HD -GB -SRD.
C. Interim uses are allowed in the HD -GB -SRD zoning district subject to the
regulations contained in Lake Elmo City Code Section 154.019.
D. Applicant has requested that the City allow the Property to be used as an
open sales lot as illustrated on the Site Plan attached as Exhibit A (Site
Plan):
E. On the 14th day of October 2010, Applicant submitted a completed
application for an Interim Use Permit.
F. On the 18th day of October, 2010, the Lake Elmo Planning Commission, at
a public hearing, reviewed the Interim Use Permit application, city staff
comments and reports, Applicant's comments and reports, public
comments, and recommended approval of the interim open sales lot use
subject to certain conditions.
G. On the 19th day of October, 2010, the Lake Elmo City Council reviewed
the Interim Use Permit application, city staff comments and reports,
Applicant's comments and reports, public comments, and the
recommendations of the Lake Elmo Planning Commission, and agreed to
authorize the interim use subject to the terms and conditions as specified
in Section 154.019 of the Zoning Ordinance and Resolution 2010 -055
approving the interim use permit.
3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself,
and its successors and assigns, agree that the interim open sales lot use shall be
subject to the following conditions:
A. The Applicant, and its successors and assigns, shall have no
entitlement to future re- approval of the Interim Use Permit.
B. Applicant and its successors and assigns, agree that in the event of
a full or partial taking of the Property by a governmental unit that
the value of the Property taken will be based on its highest and best
use as it existed prior to the approval of the Interim Use Permit.
C. The interim use shall allow an open sales lot, which allows the
display of goods for sale, rent, lease, or trade, where the goods are
not enclosed within a building in accordance with the Site Plan.
D. Additional landscaping must be added by the applicant to comply
with the original landscaping plan approved for the property. A
revised landscape plan shall be submitted for review and approval
by the Planning Director. No parking or storage of vehicles shall be
permitted within the rear portion of the property (north of any
buildings on the site) until the landscaping has been installed per
the approved plan and be in compliance with the review provided
by the City Forester.
E. All exposed soils and eroded areas on the site must be corrected
and restored properly.
F. All silt fencing shall be removed from the site.
G. Merchandise being displayed on the exterior portions of the site
shall be arranged in a neat and orderly manner.
H. Applicant shall not accumulate or store junk vehicles or equipment
outside of any buildings on the property.
I. The Interim Use Permit is valid until any one of the events listed
below occurs:
1. For five (5) years from the date of the approval of the Interim
Use Permit (October 19, 2010);
2. Upon the sale of the property or a transfer of ownership.
3. Until a violation of the conditions of this Consent Agreement;
4. Until a change in the City's zoning regulations, which
renders the interim use non - conforming; or
2
5. Until the redevelopment of the Property for a permitted or
conditional use as allowed by the City's zoning regulations.
4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the
Council upon the occurrence of either events listed in Section (I, 1) and (I, 2)
above. A renewal application shall be requested in accordance with Section
154.019 (J) of the City Code.
5.0 Rescission of the Conditional Use. Any Conditional Use Permit that was
previously issued for the Property is hereby rescinded and replaced by this
Consent Agreement /Interim Use Permit.
6.0 Acknowledgement and Consent. Applicant acknowledges that this is a legally
binding agreement and that Applicant has had an opportunity to review the
Agreement with legal counsel. Applicant consents to the terms of this Agreement
and its restrictions on the use of the Property and the Interim Use Area.
7.0 Effective Date. This Consent Agreement/Interim Use Permit shall be effective
upon execution by all parties.
Date: 10/13/10
•; r
Dean Johnston
Mayor
Midwest Recreational
Clearinghouse, LLC
IN
Its:
Brian Livingston
5: \Land Use \Interim Use \9200 Hudson Blvd Wnterim Use Agreement - Cranky Ape.doc
3
Business •
Midwest Recreational Clearinghouse (MRC) has been in business since
2001. The company has warehouses in Arizona, California, Indiana, Georgia,
Florida, Minnesota, Nevada, Texas, and Wisconsin. MRC is a re- marketer of
insurance repairable and bank- repossessed powersport/recreational equipment.
The Crankyape.com website provides these items for purchase by the general
public via an online electronic bidding system. Common inventory items found on
the auction site include Motor Homes, automobiles, ATVs, snowmobiles,
watercraft, and trailers.
The basic business process for MRC involves taking physical possession of
an assigned unit and selling it on the CrankyApe.com auction site. The consigning
company (typically a bank, insurance company, or registered dealer) will submit an
assignment to MRC via telephone or over the internet on our vendor site. MRC
will schedule to pick the unit up wherever it is located, and transport it back to our
nearest warehouse. The unit is then prepped and displayed for auction /sale.
The auction unit will remain on the CrankyApe.com website for 5 -10 days,
with a specified date and time that the electronic auction closes. At the time of
closing, the unit is deemed sold to the current high bidder. The high bidder then
has 3 days to remit payment to MRC's Minnesota location and retrieve the auction
unit from the MRC location it is being displayed at.
The available units are displayed at the physical locations and are available
for viewing leading up to and during the actual auction.
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General Not5ear
1. This is a preliminary she and landscape plan for MVIeW purposes
2 Erosion control measures will be established prior to construction
1 The contractor shell be responsible to codes, the be The contractor shall establish the
removals and vegetation clearing and grubbing that Is required w construct the puts.
4. Soil conditions on site may vary - the contractor k responsible to establish that proper
subgrade compaction has been achieved prior to Installation of class S. bituminous paving,
concrete curb and goner, and concrete paving
S. The chain link fence and gate materials and Installation details shall be established by the
owner.
G AB non -paved areas will be seeded with an approved MnDot bluegrass / ryegrass / fescue
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