HomeMy WebLinkAboutPZ 12.10.07 PacketI "M Willd"'01 III
Wguism-mumil
(651) 777-5510 Fax: (651) 777-9615
Wwwlak�Elmo.Qrq
WMAMM
2. Approve Agenda
3. Approve Minutes
M I WHOW-1 "11
4.. Introduction of Kyle Klatt, Planning Director
5. Public Hearings:
a. Draft Comprehensive Park Plan
b. Neighborhood Conservation District
6. Business Items:
a. Signage — Off-site advertisement
b. 2008 Planning Commission Calendar
7. Informational Items:
a. City Council Updates
i. November 27 — Council workshop
1. Village Planning Process — attachment
ii. December 4 — City Council meeting
1. Legal opinion on the number of new housing units required in
the comprehensive plan — attachment
2. Interims Use Ordinance — approved
3. Horses as interim use in PF zoning — tabled
4. Non -Agricultural Low Impact Uses as interim use in HD -A -BP
district — approved
5. Accessory Building ordinance — approved
6. Site Plan Review for City Hall Annex — approved
7. Planning Commission terms as result of new ordinance ---
approved approved
DRAFT
City of Lake Elmo
Planning Commission Meeting
Minutes of November 14, 2007
Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m. COMMISSIONERS PRESENT: Ptacek, Armstrong, Deziel, Schneider,
Pelletier, Van Zandt, and McGinnis (7:05). STAFF PRESENT: Senior Planner Gozola
and Planner Matzek.
Agenda
Chairman Ptacek asked to add item 5b. "Planning Commission Procedures"
Pelletier/Armstrong, move to approve the agenda as amended. Vote: 6:0.
Minutes - October 10, 2007
M/S/P, Pelletier/Deziel, motion to approve the minutes as presented. Vote: 3:0. Three
abstentions: Armstrong, Van Zandt, and Deziel.
Zoning Code Text Amendment — Non -Ag Low Impact Uses
Senior Planner Gozola identified two separate ordinances being proposed based on the
previous commission meeting - the first ordinance establishes an interim use ordinance
tool and the second establishes Non -Agricultural Low Impact Uses as an interim use in
the HD -A -BP zoning district. He expressed concern on how the site for the Non -
Agricultural Low Impact Use would be calculated and that gravel was not counted
toward the requirement. He said that option one provided is the text suggested by the
commission at the last meeting.
Commissioner McGinnis arrived at 7:05 p.m.
Commissioner Armstrong suggested adding the proposed language of accepting the legal
description of the Non -Agricultural Low Impact Use site to the commission's proposed
language.
Commissioner Pelletier asked if there was a legal reason a council could deny a legal
description.
Senior Planner Gozola said that would be a question for the city attorney.
1'T10CWjWW1Wj11�
MIS/P, Pelletier/Van Zandt, motion to move forward with the proposed ordinance with an
amendment to subdivision F and directing staff to consult the city attorney. Vote: 7:0.
Lake Elmo Planning Commission Minutes; I 1/14/07
NUATA
MIS/P, Deziel/Schneider, motion to move forward the ordinance regarding the interim
use ordinance. Vote: 7:0.
Zoning Code Text Amendment — accessory building as an interim use in the PF
district
Senior Planner Gozola asked that the item be tabled indefinitely as it was determined
after reviewing city code that the city does not need to seek this permit to replace the
trailer on the city hall site.
M/S/P, Armstrong/Van Zandt, move to table the item indefinitely. Vote: 7:0.
City Code Recodirication
Senior Planner Gozola said this item was provided at the last meeting at which time a
public hearing was held. 'Fhe commission had requested further time to review the
recodified code.
Commissioner Armstrong said he saw some misspellings and a couple link connections.
did not work. He said he would hope a review committee would catch any mistakes.
M/S/P, Deziel/Schneider, move to remove the item from being tabled. Vote: 7:0.
M/S/P, Armstrong, McGinnis, move to approve the recodified code and ask the council to
set up a review committee of either staff or commissioners to review the document.
Vote: 7:0.
Planner Matzek said she believed the City Clerk and City Attorney had reviewed all the
recodified sections except for the zoning chapter.
Planning Commission Procedures
Commissioner Deziel asked how a commissioner would add items to an agenda and
asked if they need to submit reminders for items on a commission's work plan.
Chairman Ptacek said he does not think it is incumbent on commissioners to direct staff's
time, but that commissioners are free at any time to make motions to bring forward items
they believe are not being addressed.
Commissioner Deziel said that the city has not been treating applicants uniformly. He
said that sometimes a person is told that a code must be changed to allow what they are
requesting and the application is tabled and sometimes they are told to apply and are
denied because the code does not allow what they are requesting. He said the city should
have a more consistent practice.
Commissioner Armstrong said residents have two routes — they can apply for a variance
or they can request an ordinance amendment. He said that commissioners have the right
to sponsor a code language change without an application.
Lake Elmo Planning Commission Minutes — 11/14/07 2
Senior Planner Gozola said staff will always try to work with applicants so they do not
make that kind of application. He said that the list of conditionally and interm permitted
uses will be constantly evolving.
Commissioner Deziel said that in the case of Common Ground Church, it never came up
to add horses to the ordinance. He said he thinks an ordinance change should be part of
the options provided to an applicant. He said the commission needs to move forward
with the neighborhood conservation area as it will decrease the overall workload of the
commission.
M/S/P, Deziel, Armstrong, move to direct staff to bring forward the draft text for the
Neighborhood Conservation District to the next meeting. Vote: 7:0.
Council Updates
Planner Matzek said the septic variance at 8186 Hill Trail N was approved at the
November 5th Council meeting. Also approved at that meeting was the impervious
surface ordinance, the planning director position, the amended Planning Commissioner
appointment and termination to be consistent with other commissions, and the direction
to study options for off-site signage. The Common Ground Church CUP was denied and
the four properties proposed for rezoning was tabled.
Planner Matzek pointed out that the December 2007 meeting schedule identifies the
potential canceling of the December 24th meeting.
Adjourned at 8:11 p.m.
Respectfully submitted,
Kelli Matzek
Planner
Lake Elmo Plannino, Commission Minutes — 11/14/07
C, 3
Planning Commission
Date: 12Y10/07
Public Hearing
!tem: 5a
[TEM: Draft Comprehensive Park Plan
REVIEWED BY: Ben Gozola.Senior Planner
Susan Hoyt, City Administrator
The Planning Commission is being asked to hold a public hearing to consider the approval of the
proposed draft Comprehensive Park Plan (please see the draft Comprehensive Park Plan that
was attached to the November 26 th Planning Commission packet). This plan Would update the
1990 park plan to reflect future demographics, existing park system amenities, and projected
future park needs. The park consultants from TKDA who prepared the document will be at the
meeting to present the various sections of the draft document.
This plan does not address how to �#a-Ln for the osed xarks and g!reenw
identify apgc
�ific parcels of land in the city for future park and recreation loca�iori`s'. The purpose of
the document is to provide a vision for how the City would like to develop a comprehensive park
and recreation system so that the City can adequately respond when opportunities arise for new
parks through donated land, new developments, or potential land purchases.
Both staff and the Park Commission are recommending approval of the draft Comprehensive
Park Plan.
Since September of 2006, the Park Commission and park consultants have worked to update the
1990Comprehensive Park Plan. The draft plan was crafted over many meetings including ajoint
Park Commission and City Council meeting onApril 24'2U07. Apublic open house was held on
°
The draft Comprehensive Park Plan begins with an introduction that includes alist of park
system principles written and edited by the Park Commission.The—ncipleaserve as
the foundation ofthe Park Plan.
w The existing parks inventory was also compiled and edited bvthe Park Commisskm.
This list includes the Lake Elmo Center for the Arts Park as that property was purchased
with park funding and will eventually beconverted into apark use.
* The demographic assessment section of the plan utilizes information from the Lake Elmo
Comprehensive Plan for population forecasts, the Minnesota Department of Natural
Resources for recreation participation information, and the U.S. Census for city
demographics. This information provided guidance in the proposed future park locations.
• The Natural Resources section identifies city and state policies as well as a Minnesota
DNR Conservation Corridor program for guidance. This shows the overlapping vision at
various levels ofgovernment for the protection ofnatural resources. Lake Bmo`onatural
resources were identified as potential future park features.
* The classifications for the park system as identified inthe document are based upon
characteristics and purpose ofthe park, and are helpful iuassessing the resources
currently available toresidents.
w The National Recreation and Parks Association (NRPA) recommends that Cities locally
eotab|iaho|evel-nf-marvicerstherthanuaoa generalized standard model. The new draft
plan follows this recommendation byestablishing levels -of -service for the various park
types based on discussions at the meetings held throughout the planning process,
* The accepted Village Area Master Plan identifies aparea around which sports fields are
located. The park plan integrated information provided from the Village Area Master Plan
consultants early oninthe process. The park plan has identified aprimary community
sports complex --a green area with the potential for recreational activities such aeball
and soccer fields incollaboration with the village plan. Like the other proposed search
areas inthe park plan, this search area ieintended 10offer guidance astowhere 1V
obtain additional park land, but is flexible to allow for other opportunities aathey arise.
w The two other areas identified on map 10 as community sports complex search areas are
suggested locations if an additional sports complex iadetermined tobeneeded after
2020.
.-
m The community park search area was suggested to, be located within the village area to
serve as a major central community park with a sports center and walking paths that
would .bethe heart ofthe community. This was further discussed atthe March 14'2UO7
Park Comhn|8eionmeeting with the Village Area Planning consultant.
* The plan recommends a greenway and trail loop that utilized existing and proposed trails
identified inthe approved 2O05Comprehensive Trail Guide Plan. The greenwayalong
with the trail system would provide for a highly connected park system and establish new
connections among the rural and future urban areas ofthe city.
* Sunfish Lake Park was singled, n t as it is the largest ofall the city parks, and ia
considered the crown jewel of Lake Bmo's park system. Six policy statements were
created by the park commission to provide more detailed guidance for the future use of
Sunfish Lake Park.
m Search Area D (as shown on map 9) identifies a search area for a local park directly
adjacent toSunfish Lake Park. The park commission recommended that neighborhood
park type facilities not be placed within Sunfish Lake Park as it would not conform to the
policies outlined for Sunfish Lake Park in the park plan.
w Arecreation preference menu was distributed inacity newsletter, was available nnthe
city website, and also ekcity hall. The menu was not an official survey,but anattempt to
receive information from a broad range of residents on information relevant to the existing
and future park system and recreational programming.
�
The benchmark study insection 4>compares Lake Elmo with three other
metro area cities. The three cities were chosen by the Park Commission, and were used
only for identifying at what point did these communities establish city recreation
programs and how dothose programs function.
In summary, the draft plan finds that within the next twenty years, the City will develop needs for
thirteen neighborhood parks, one community park, one or two community sports complexes, two
special use parks, and a greenway to provide connectivity throughout the city. The specific
locations for these recreation amenities would be guided by the search areas established in the
plan, but the final locations would bedictated byopportunity (primarily through development
projects), Essential to the plan's success is the City's ability to be flexible with final park locations
and proactive oeopportunities arise. `
` RECOMMENDATION: -
Move to recommend approval of
ECOK8MEND/(TION:-
Mmmtorecommendappmv|of the Comprehensive Park Plan
ORDER OFBUSINESS:
-
Introduction ... .............. —...... ................... ---_.................... KeUiK8atzmk, Planner
Report bvpark consultants. —'------...RichE)reyandBern/Farhngton`TKDA
-
Questions from the Planning Commission
to the park consultants and Park Commission ............. Chair & Commission Members
Open the Public Hearing ----................. —......... ................... .............. ....... Chair
Close the Public Hearing ........ .—........................... ...... —........ --................... Chair
Call for amotion ............. ............. '........... ................... —................. Chair Facilitates
Discussion ofCommission unthe motion ....... ..... —......... --...... ...... Chair Facilitates
City Council
Date: 12/10/07
REQUESTED BY: City Council & the Planning Commission
SUBMITTED BY: Ben Gozola.Senior Planner
REVIEWED BY: Susan Hoyt, City Administrator '
KeUiMa1zek.Assistant City Planner
SUMMARY AND ACTION REQUESTED:
What does current code allow? Temporary signs are currently allowed by code for special
business events such as openings and closings. Such signs are allowed for a maximum of 15
days, and are not subject to size or design standards. According to code, the main purpose of
sign regulations is to minimize the overall impact signs have on the community's rural character.
That purpose will need to be kept in mind with any proposed changes to code.
Different been directed to review. The
City Council has directed staff to examine three distinct types of off-site temporary signage:
11 Realtor directional signage (i.e. open houses and "parade of homes" event signs);
Questions that must be addressed. This type nfsignage katenlporar bvnature, and the right
conditions/restrictions on such signs could ensure they adhere to the purpose for signs outlined
Lake Elmo City code. When investigating this topic, staff will strive to answer the following:
What impacts may arise if temporary holiday/agricultural related off-site business signs
are allowed via permit?
* What impacts could arise from temporary real estate directional signs?
T How do you define temporary real estate signs?
& How might changes to code impact administrative or enforcement staff time?
^
* How far could usign belocated fromthe business/home being advertised?
m Under what conditions can apermit berequested?
* How long can the sign bmup?
* Where could these types of signs be located (i.e. out of the ROW on private property)?
* What assurances must beprovided to the city for the sign permit?
MINIMUM ED IN M 1011
Unfortunately, due to limited staff time and deadlines for both a planning commission and city
council packet, further information was unavailable at the time of packet delivery. Information
instead be handed out at the meeting, and staff will lead a discussion on the topic in order to gel
feedback on concerns to keep in mind when preparing a draft ordinance. E
Introduction ... ...... ......... ....... ................. ...... .......... —..SuoanHoyt, City Administrator
Report by staff ... .—................ .................... .................. Ben Gozola.Senior Planner
' Questions from the Commission .................. ................ Chair & Commission Members
Questions/Comments from the public ..... ..... ..... .............. --........ Chair facilitates
' Direction to staff from the Commission ......... ..................... ...... ......... Chair facilitates
CITY
LAKE ELMO
2008 MEETING SCHEDULE
January 14
Monday
Annual .Meeting Election of Officers
January 28
Monday
February 11
Monday
February 25
Monday
March 10
Monday
March 24
Monday
April 14
Monday
April 28
Monday
May 12
Monday
M4yA
W6dnes a r-
Due:td n a :Jr lIj y"",
June 9
Monday
,Tune 23
Monday
July 14
Monday
July 28
Monday
August 11
Monday
August 25
Monday
September 8
Monday
September 22
Monday
bet 1 15
tay,
due to, crlrz
October 27
Monday
November 10
Monday
November 24
Monday
December 8
Monday
VII(aae'l-76
Planning Commission
Date: 12/10/07
INFORMATION
ITEM, Process chart for the Village plan
SUBMITTED BY: Susan Hoyt, City Administrator
The attached process chart gives a simple process outline for steps to implementation of the
Village plan. The first two steps, the comprehensive plan and the masterplan, were major steps
in moving along this path.
The AUAR environmental process is the next major and time-consuming step in the process.
I
I
J
ROAD MAP FOR DECISION MAKING
ENGINEERING AND FINANCIAL LAND USE
Study Preliminary Financial
Feasibility of Sanitary Sewer
Provide Feedback on Assumptions
Conceptual Understanding
7,1
Obtain Firm Financial Commitments
from Developers for Sanitary Sewer
and Other Development Fees
Award Bids
for Sewer Trunk 1-94 to 30th
Issue Bonds
for Sewer Trunk 1-94 to 30th
Award Contract
for Sewer Trunk 1-94 to 30th
---------------
I Sewer Installed to Now Development I
Sewer Installed In existing Village by 2030
on project -by -project basis, as approved by Council
AUAR Environmental Review
Determine Land Use Options to Study
✓ Comp Plan
✓ Other
Estimated Completion Fall, 2008
Includes public participation process
Accept Development
Applications
Timing depends on housing market
Development Approval
Process
Each development request goes
through City approval process
Planning Commission
Date: 12/10/07
INFORMATION
JEW Legal Opinion on the required number of new housing units in thc-1
Comprehensive Plan
The city council received a legal opinion on the number of required new housing units in the
Comprehensive plan. (Attachment 1). This legal opinion was requested because the language in
The comprehensive plan is always clear. The legal number in the city's legal land use document
must be one of the development scenarios evaluated in the AUAR process. (The AUAR does not
choose between development scenarios; it evaluates the mitigation required as a result of the
development scenarios environmental impacts). The city is a long way away from making a
decision on the housing units in the new Village.
Dec -03-2001 09:46 From -PETERSON PRAM BERGMAN
6512261153 T-551 P.002/008 P-877
Warren & pcverwrl
ERSON,
Jerome R Filla
Daniel Witt Fram
Glenn A. Bergman
BERGMAN
John Michael Miller
miebat-d T Oberle
qt&Ven H, BuAnS'
Paul W, Fahning'
Sonja R. Ortiz
Amy K. L Schmidt
Berl 1. Rugt
Jared M. Govdizz
December 3, 2007
Mayor Dean Johnston and
Lake Elmo City Councilmembers
City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, MN 55042
Re: Sewered Housing Units
Old Village Area
Dear Mayor Johnston and Members of the City Council:
Suite 800
55 Ease Fifth Street
St. PaUt, MN 55101-17128
(65 1) 291-8955
t6511 226-1751 facsimile
wwwpffi-pa.com
(651)290.6907
NII&Pf t�-JM, -C-0 rn
In 2004, the Minnesota Supreme Court determined that the Metropolitan Council
had the statutory authority to require the City to modify its proposed Comprehensive
Plan in the manner provided by Metropolitan Council Resolution No. 2003-10, This
particular Metropolitan Council Resolution effectively incorporated a list of nine (9)
required modifications, including a requirement that there would be development to
accommodate 7,850 Residential Equivalent Units (REC's) of regional sewer
capacityAll City Cooncilmembers opposed this level of development and asked the
Metropolitan Council rf 'it would be willing to negotiate some other solution. The
negotiation, resulted in the Memorandum of Understanding.
The Memorandum of Understanding was intended to provide guidance to the City as
it began the task of revising the Comprehensive Plan draft that had been rejected by
the Metropolitan Council, The Memorandum of Understanding mandate$ that the
City achieve certain development goals by 2030 (Population -24,000; residential
REC's- 5,200; and employment REC's-1,400), but it permits the City to use its
discretion in determining how to achieve the 2030 development goals, The specific
manner in which the City chose to exercise its discretion is reflected in the
Comprehensive Plan that was approved by the City <and by the Metropolitan Council,
and in the official control which the City has and will adopt to implement the
policies of the Comprehensive Plan,
In regard to the Old Village (both existing and new), the Comprehensive Plan
identifies the number of sewered housing units in two (2) ways, First, it specifically
stMtes that there will be 1,100 sewered housing units in the Old Village by 2030
(Comprehensive Plan 111-17). The City Engineer advises me there are 194 current
'ALSO ADMITTED IN W4SCONSN
09:46 From -PETERSON PRAM BERGMAN 6512281r6s T-551 P. OP81008 P-877
December 3, 2007
Page 2
housing units in the Old Village. By subtracting current housing units from the
projected housing units, the result is 906 new housing units.
OW WIN
111-3 through 111-5); by specifying permissible densities within zoning categories for
the Old Village (Comprehensive Plan 111-3 through 111-5); and by identifying the
number of acres available for development within various zoning categories
(Comprehensive Plan 111-7),
Zone
Units/Acre
Acres
Max. Units
1. VR/HD
14,5
7
101,5
2. VR/LD
0.45
77
34.65
3, VR MU/MD
5-6
86
430-516
4. VR P/S
O.45
43
19,5
5. VR/Q13
0.45
717
322.65
The above calculations indicate that there could be 909-995 new housing units to
the Village area in addition to the existing 194.
If you have any questions please contact me,
N=
Cr-1Idoc
Very truly yours,
/51
Jerome P, Filla
X
,A,AA Metropolitan Council,7
AAA
Office of the Chair
November 19, 2007
The Honorable Dean Jolmston
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
M 'Cet;,84
Re: City of Lake Elmo Comprehensive Plan; Sewered Development and Densities
Dear Mayor Jolu-iston:
I am writing in response to recent inquiries about sewered development in the City of Lake
Elmo, the City's comprehensive plan, and the January 2005 Memorandum of Understanding that
outlines criteria that were to be considered when the City prepared its comprehensive plan. Some
have rioted minor discrepancies between certain numbers in the Memorandum of Understanding
and the comprehensive plan submitted to the Metropolitan Council and have asked whether existing
housing in the Old Village that may be connected to the regional wastewater treatment system must
have a density of at least 3.0 units per acre,
Discrepancies
I
it is my understanding that the City's comprehensive plan indicates 1,100 Residential Equivalent
Units (RECs) will be available for existing and new housing in the Old Village area of Lake Elmo,
while the Memorandum of Understanding indicates 1,000 RECs will be available for the Old
Village area (up to 500 RECs for existing Old Village housing; up to 500 RECs for ' new Old
Village housing). The discrepancy is minor and inconsequential, and poses no problems for the
Metropolitan Council, The City may implement the comprehensive plan presented to and acted
on by the Metropolitan Council.
Paragraph 7 of the 2005 Memorandum of Understanding was included as an accommodation to
the City with the understanding that the City may need to remediate -failing on-site sewer systems
in the existing Old Village. The 3.0 units -per -acre average density standard does not apply to the
pre-existing units in the Old Village; only to new development.
With regard to future development, the Metropolitan Council has the following expectations
based on the approved comprehensive plan. All development permitted after the comprehensive
plan went into I o effect in April 2006 will'be- consistent with the City's adopted plan. The existing
Old Village will remain pretty much as is --a mix of commercial and neighborhood construction
(conventionally platted subdivisions prior to 2005). In response to a request from Metropolitan
www.nictrocouncil.org
390 Robert Street North o St. Paul, MN 55101-1805 e (651) 602-1000 ® Fax (651) 602-1550 , 'M (651) 291-0904
Art EquaQ opportunit.y Employer
lJonorable Dean Johnston
November 19,2007
Page 2
Council staff, City staff estimated the overall density of existing units in the Old Village is 1.5
units per acre. Until regional sewer service is available, areas outside the existing/already
developed portion of the Old Village area are in a 1 -unit -per -20 -acre holding zone. Once
regional sewer service is available, development will occur as shown in the City's plan, which
has three designated village residential (VR) areas: mid- to high-density (VR --HD); mixed-
use/medium density (VR-MU/MD) and low-density (VR -LD). The average density of all new
develOpMeDt within and around the Old Village will occur at an overall average density of at
least 3.0 units per acre. In the area south of 10th Street, the average residential density will be at
least 3.0 units per acre, while the density of non-residential development will be at. least 40
employees per acre in sewered areas.
I hope these responses and clarifications are helpful as the City moves forward with its planning
efforts and the implementation of its comprehensive plan. As always, Metropolitan Council staff
are available to assist the City of Lake Elmo as it addresses -these important planning issues.
cc: Susan Hoyt, City Administrator
Sherry Broeker, Metropolitan Council Member, District 12
Tom Weaver, Regional Administrator
Guy Peterson, Director, Community Development Division
Bill Moore, General Manager, Environmental Services Division
Bob Mazanee, Metropolitan Council Sector Representative
B B
RA1.1 Ri..Al",*�':,.�,,101",E1i!' rP�
Planning Commission
Bate: 12/10107
Item:
SUMMARY AND ACTION REQUESTED:
The Planning Commission is seeking a way to amend R-1 zoning standards to
minimize the number of variance requests on properties guided as Neighborhood
Conservation (NC) in the comprehensive plan. To that end, staff was asked to look
into or address the following issues:
® Examine whether adjacency averaged will address the main concerns;
Provide a good definition of adjacency averaged;
Look at past variances to see what ones could have been avoided with the
adjacency averaged concept;
0 Examine how other cities use an average;
Look at septic requirements
Determine if recent statutory change that allows for reconstruction addresses
most of the problems:
Attached to this executive summary is an in-depth report outlining staff's analysis of
the existing ordinance and how it relates to the issues the City is seeking to address.
In summary, staff did not identify any major code deficiencies based on NC variance
requests over the past five years that would lead us to recommend adoption of a new
zoning district for NC guided properties. Second, the "adjacency averaging" concept
previously considered by the commission appears to be unnecessary as code
already contains language allowing for setback averaging in front yards and in
lakeshore setback situations (whether this language has been used in the past was
not determined). Third, there does not appear to be a need to amend local septic
regulations as the requests over the past five years demanded to be reviewed on a
case-by-case basis given the proposed locations for the sites. The only change to
code recommended by staff at this time would be a clarification of the front yard
setbacks averaging rules outlined in section 300.11. Amending the existing language
to cover all lots rather than just vacant lots could help to address some of the
situations that may arise on NC guided property.
Because staff did not notice a public hearing to amend the section of code now
recommended for change, a separate public hearing will need to be noticed and held
at a future point in time if the commission agrees with staff's recommended course of
action.
a None
Staff is recommending the planning commission review the provided analysis, and
determine if the proposed ordinance resolves existing NC concerns. Keep in mind
...^~~`~ statute.h_ changed to allow reconstruction of nonconforming
structures
without a variance (provided no expansion is requested). As such, residents cannot
be denied the ability to fix structures they currently have on their properties.
ORDER OFBUSINESS:
Introduction ................. ..... ... ...... ............. '...................... Ben Gozola,Senior Planner
' Report by staff ............................................... ...... .—..... Ben Gozola.Senior Planner
- Questions from the Commission ......... ............ ............ Chair & Commission Members
Facilitates
C�|�xan�ot�n--_--.-----------_..—.---.---..Chair Faoao
- Discussion'nfCommission cmthe motion ...... ................................. ... Chair Facilitates
- Action by the Planning Commission.. ... ...................... .. Chair & Commission Members
ATTACHMENTS (xxx):
1. Detailed staff report analyzing NCguided properties and related city
requirements;
2. Proposed ordinance toamend existing general front yard setback
` ngukationa.
3. Former proposedordinance (2006)incorporating "adjacency averaging."
9
City of Lake Elmo Planning Department
Addressing Neighborhood Conservation (NQ zoning issues
To: Planning Commission
From: Ben Gozola, City Planner
Meeting Date: 12-10-07
Objective: The intent of an "NC Ordinance" is to minimize variance requests in the 12-1 zoning
district for things that make sense and fit with the neighborhood. The ordinance has
come forward at the request of the planning commission in response to the number of
R-1 variances reviewed over the past five (5) years, and out of concern that residents
are being forced to request variances for projects that ultimately will not or cannot be
denied. Previous work on a new NC zoning district was considered in the preparation
of this report.
Variance After discussing this issue with the planning commission on 11-26-07, we felt it was
Review: important to put down in writing staff findings -for variances on NC guided properties
over the last five years, and our analysis of these requests. Such an examination is
critical for determining what changes (if any) are needed at this time. Here is what
we found:
All seven of the variances requested so far in 2007 have been on NC guided
properties.
2007 Variance Address
Res. 07-060 (9/4) OHW, side yd 8838 Lake Jane Trl
Res. 07-047 (6/19) OHW, front 8186 Hill Trl N
Res. 07-046 (6/19) min lot size, septic 8961 37th St. N
Res. 07-033 (4/17) lot width 3200 Lake Elmo Ave
Res. 07-032 (4/17) off-site septic xxxx Klondike Ave.
Res. 07-018 (2/20) Septic 11225 31st St. N
Res. 07-#-## (#/#) septic 8186 Hill Trl N
(continued on next page)
4 a'd 1 a P , , '(" - I
Planning Conmi[vsion Reporf,- 12-10-07
(co! I t. )
Six (6) of the ten (10) variances requested in 2006 were on NC guided properties.
2006 Variance Address
Res. 06-082 Septic Drainfield 8320 Hidden Bay Trl
Res, 06-058 (6/20)
Res. 06-041 (5/16)
Res. 06-028 (3/21) D
Res. 06-024 (3/6) D
Res. 06-017 (2/7)
Street, side yd
Front yd/min lot size
Septic -
OHW, min lot area
OHW
9429 Jane Rd N
8009 Hill Trl N
7949 Hill Trl N
8160 Hill Trl N
4773 Olson Lk Trl
IIIIII III!III!I !I III II IIII: I I ! ! I ! III 'I
xl� �' 71101. 11, fto TV
2005 —Variance
Variance
Address —
Res, 05-144 (12/20) D
OHW, side yd, min lot
10941 32nd St.
Res. 05-110 (10/18)
OHW
8148 Hill Trl N
Res. 05-087 (8/16)
min lot area
31st St N
Res, 05-020 (3/1)
Septic, OHW
8784 Lake Jane Trl
Nine (9) of the ten (10) variances requested in 2004 were on NC guided
properties.
2004
Variance
Address
Res. 04-091 (10/19)
min lot area
34th St.
Res. 04-088 (1015) D
Side Yd
3385 Lake Elmo Ave
Res. 04-081 (9/21)
side yd
8384 Stillwater Blvd.
Res. 04-059 (7/20)
OHW
2225 Legion Ln
Res. 04-054 (7/06)
shed size
8061 Hill Trl N
Res. 04-046 (6/18)
side, front yd
8017 50th
Res. 04-043 (5/18) D
Septic
3604 Layton Ave N
Res. 04-027 (4/20)
side, front yd
11094 35th St. N
Res. 04-009 (1/20)
ORW
8056 Hill Trl N
(continued on neat page)
Page 2
4 "1
, � ddrcssing N(.'zonin.- is,s ite,S
Pul-inning, ""'Otninission. Report: 12-10-0'1i"
( coria. )
A = Approved
D = Denied
III I 1 1111111111 11111111111aill g JIM 11 11
2003
Variance
Address
Res. 03-094 (11/18)
OHW
8048 Hill TrI
Res. 03-039 (5/6)
OHW
8120 Hill Trl N
Res. 03-030 (4/1)
OHW
8098 Hill TrI N
Res. 03-005 (in)
front yd
10920 32nd St.
Based purely on numbers, examination of RI zoning is a prudent idea to ensure the
zoning district requirements are functioning as intended and are regulating these areas
of the community appropriately. That said, it is also important to examine the
specific nature of these variances to see what may be causing the problems. That
breakdown is as follows:
EM
Yard Setbacks
Lot Req
Variances
Shaded parcels indicate that a variance was denied, or was for replacement of an existing structure
which would no longer require an application due to a change to state statutes.
* Twenty-five (25) of the thirty (30) Ti -1 variance requests in the past five years
were approved. Staff is assuming the denied variances were for justified reasons
given that the commission is seeking to change code to avoid having to approve
requests that arguably have no hardship.
* Of the 25 approved variances, four requested the ability to reconstruct of repair an
existing structure. Due to a recent change to state statues, these requests would no
longer require a variance so they can be taken out of consideration when
determining the nature of the existing problem. This would leave a total of 21
variances over the past five years to examine when assessing if a code problem
exists.
* Of the 21 identified variances, the following can be deduced:
o Eight (8) required variances from the setbacks requirement from the OHW
of a protected waterbody (38%);
o Six (6) required variances from yard setback requirements (29%);
Pt�qe 3
Addv cssinl- N(--'zrming
Planrdnl, Commission Reporr: 12-10-07
(cont)
�WWZFFI
o Six (6) required variances from septic regulations (29%);
o Five (5) required variances from a lot requirement ostensibly to make it
buildable (24%);
Setbacks from lakes and other water bodies are found in the shoreland district section
of City Code (section 325). Currently the required setback from Natural Environment
lakes is 150 feet, and the setback from Recreational Development lakes is 100 feet.
However, section 325.06 subd. 4 also states that "...structure setbacks may be altered
without a variance to conform to the adjoining setbacks from the ordinary high water
level, provided the proposed building site is not located in a shore impact zone or in a
bluff impact zone." In effect, the existing shoreland standards already provides the
zoning administrator latitude to use an average setback based on adjoining properties.
Because the standard setbacks apply to all shoreland district lots in Lake Elmo
regardless of zoning district, the only way to minimize OF IW variances in the R -I
zoning district would be to change the standards that are applicable to the entire City.
Shoreland district codes are intended to achieve two main goals: 1) protection of
water quality through septic & structure setbacks and minimization of hardcover /
disturbance of shoreland vegetation; and 2) preservation of the natural view of land
from the lake. Lessening the required setback tends to work contrary to both of these
goals, so a change is not advisable unless there is an overwhelming number of
lakeshore variances before the City. As that does not seem to be the case, staff would
not recommend any changes to lakeshore setbacks.
Regulations governing septic sites are found in different sections of code. Essentially
for r-1 properties, code has three requirements:
1) All lots must have a minimum of one (1) acre of land suitable for septic
drainfields;
2) Locations for a primary and secondary site must be identified; and
3) The septic sites must meet minimum setbacks.
Note that qualifying lots -of -record' do not need to meet the one acre requirement, and
must only show that safe and adequate sewage treatment systems can be installed.
C�
To analyze the one acre requirement, staff conducted a LoMh analysis of existing r-1
lots which resulted in the following figures:
Of the 1358 lots zoned R-1, approximately 130 (10%) appear unsuitable for
construction and likely have no current improvements on the land (typically
these parcels are too small or are oddly shaped);
By code, a lot of record is a property platted before roughly 1980 that meet at least 60% of the area and width
requirements of the underlying zoning district.
S:Wrffinance,AActive
Page 4
d'kmnirt,,� C'omrnd,s4sio Rcpor t; 12-10-07
Of the 1355 lots zoned R4, approximately 393 (29%) would not qualify as
lots of record, but likely have improvements or could support improvements;
The remaining lots are all conforming to minimum lot size or would qualify as
lots -of -record.
Writing an exception to the one -acre septic requirement for the 29% of lots that may
request a variance could be considered, but is likely not be necessary given that, only
six such variances have been granted in the past five years. Additionally, while some
of the six septic variances may have included a problem with the one -acre minimum,
all required setback variances. 'Therefore, any exce tion written into code would not
have alleviated the need for a variance Rrocess.
Septic setbacks are needed to ensure the health, safety, and welfare of neighborhoods.
Properly located systems protect water bodies and adjacent properties from
potentially failing systems. Variances to these existing regulations should really be
granted on a case-by-case basis when no alternative sites are available. Staff would
not recommend any changes to these codes.
Setbacks It is not uncommon for codes to provide allowances for lesser yard setbacks based on
Analysis. ' existing structures on adjacent properties. Typically such allowances are only
applicable to front or rear yard setbacks. Side yard setbacks are generally not varied
as it is important to maintain adequate separation of structures (and to not compound
the problems created by existing nonconformities). Some examples of such codes in
other communities are as follows:
IET ISTA
505®09. Setbacks.
Subdivision 1. Front yard setbacks.
(a) When more than 25 percent of the frontage on the side of the street between
intersections is occupied by structures having setbacks from street rights-of-way
of a greater or lesser amount than hereinafter required, the average setback of all
existing structures between the intersections will be maintained by all new or
relocated structures.
(b) In the event a structure is to be built where there is such an established setback
different from that required hereinafter and there are existing structures on both
sides of the said new structure, the front setback will not be required to be greater
than that which would be established by connecting a straight line between the
forward most portions of the first adjacent structure on each side.
(continued on next page)
.4':�F)r•Eaiercrrt�c�,sti'ii:tit-c� (1r•rlira rrt<e:sG�r`C'Cortins;Vi'cp.....;'�C,'�r3rairt, I'�...1w7..Tf1-(17:rani:
a, e 53
4 ( 11
'lr�rrPa r2g COmmission Report; 1240-07
( ( "o I I t 1)
GREENFIELD
(2) Setbacks. All buildings and structures shall meet or exceed the following
setbacks:
Front yard setback 30 feet from the right-of-way or the average
distance of the existing single-family dwellings on
the same block
Subd. 3. Yard requirements.
d. Where adjacent residential structures within the same block have front
yard setbacks different from those required, the front yard minimum setback shall be
the average of the adjacent structures. If there is only one adjacent structure, the front
yard minimum setback shall be the average of the required setback and the setback of
the adjacent structure. In no case shall the required front yard setback exceed that
required minimum established within the districts of this chapter.
(b) The exception to these setback requirements is in a block where two or more
residences have already been constructed facing the same street, the setbacks for
the remaining lots in that block fronting on the same street shall be determined by
the average setback of the existing buildings.
(1) (a) The minimum front yard setback shall be 50 feet from the road right-of-
way; or the average distance of existing setbacks of all buildings on the same
block facing the same street.
;' - M
In any district where front yards are required and where 40% or more of the
frontage on one side of a street between two intersecting streets or around the
circumference of a cul-de-sac is' developed with buildings that have a front yard that
is greater or less than the required front yard in the district, no building shall project
beyond the average yard so established.
Orylij, - 'Ai("' 'g'V`ep--NC1oning�PZ 12-10-017.doc
,(III(
,,�Sv VZ
, OMI?
(cominued on nevt page)
"Olung 1,;�:�ucs
Plannin,s, Commission Rel,,wri,, 12-1`e-0,"
(cont.) 1 154.056...
(c) Front street setback. The above listed setback and yard requirements are
subject to the following additional requirement: When more than 40% of the frontage
of the side of a street between intersections is occupied by structures having setbacks
from street rights-of-way of greater or lesser amounts than hereinafter required, the
average setback of all existing buildings between the intersections shall be maintained
by all new or relocated structures. In the event a building is to be built where there is
such an established average setback different from that required hereinafter and there
are existing buildings on one side only, the front setback of the new building shall
match that of the next adjoining building. In case the building is to be built where
there is such an established average setback and there are existing buildings on both
sides of the now building, the front setback shall match that which would be
established by connecting a straight line between the forward most portion of the first
adjacent building on each side.
Using similar language as one of the cities noted above to address front and rear yard
setbacks in the R- I district would seem to be a reasonable way to allow residents to
build in concert with existing neighborhood improvements while still promoting the
minimum standards established for the R- I district,
Lot Size Lot area requirements will only come into play on undeveloped parcels that do not
nalysis® qualify as lots -of -record. Typically, there is little to no reason to grant variances in
these cases, and there are generally other impediments to building other than lot size
(which is why the lot is still vacant). Because of the nature of these requests, and
because the city has only received a handful of such requests in the past five years,
staff would suggest continuing to review these requests on a case-by-case basis.
After fully examining the issues outlined by the planning commission on 11/26/07,
staff does not believe the "adjacency averaging" concept is needed to address the
commission's concerns. If any changes are to be made, we would suggest amending
the regulations in section 300.11 Setbacks as follows (underlined language is new;
strikeouts indicate language to be eliminated):
Subd 1. Front setbacks. Where adjacent residential structures within the same
block have front yard setbacks different from these required the front
yard minimum setback shall be the average of the -,)dincent Ptrnr.hir(-.r,
is only one adiacent structure, the front vard mini
be the average of the required setback and the setback of the adjacent
structure. In n case shall the re aired front and setback exceed that
required minimum established within the districts of this chapterWEh c"
Ordinances\,,VC i Zonin,,gV?ep- -N(I'Zoning JV-1240-07.doc
Page 7
Planning (.7ommission Report; 12-10-02'
rntlr rtln7l �At �
""Gill :&'SG9:d'"A Ad
v�:7T lll n 1'sllYlla9Y9!'r &'ern �]�Y_ � t Y9n!*lY ay.11.i-G ��3V '�t"l�' � flrvs
9. S
, l Amaro VA
`-, � ixa"iicxi 4&e � f L, � 1 ' c r p���1r-aYr°iitiw—aa� prvrr'-Yad Y t1,;
Subd 2. Side and rear setbacks. Subject to regulations contained in the Building
Code and other applicable regulations, side and rear setback requirements
may be waived, provided party walls are used and the adjacent buildings
are constructed as an integral unit and are part of an approved shopping
center, townhouse development, or other similar development. The
waiver shall only be by issuance of a variance.
Subd 3. Setbacks from private roads. All setback requirements of this chapter
shall also be applicable to private roads and easement access rights-of-
way.
The proposed change to the front yard setback language would apply to both, vacant
and currently built lots, and would provide a little more flexibility for built out areas
of the City that may contain a number of nonconformities. Side yard setbacks are not
proposed to change as it is important to encourage and maintain a minimum
separation between structures. Providing leeway on side yard setbacks would only
tend to worsen existing nonconformities by bringing neighboring structures closer
together. Additionally, Lakeshore and septic regulations are also not proposed to
change for the reasons outlined in this report.
Commission The Planning Commission has the following options:
Options: A) recommend approval of the proposed ordinance to amend the front yard
setback averaging requirements in all zoning districts;
B) recommend staff make changes to the proposed ordinance, or add additional
changes;
C) Table the itemm for further study.
As this is a city driven process, there is no 60 -day deadline.
,SAOrdi.rnan esVicthveOrdirnrncesl,�r( Zonin Vl ep--<�;`C' ��rai1,"; P-7 T2 07.c,rc°
Page? 8
CITY OF LAKE SMO
ORDINANCE NO. --
AN ORDINANCE TO AMEND GENERAL FRONT YARD SETBACK
REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS
I 111111111111 � � I I I I I I I I
ccti® 300.11 SETBACKS.
Subd 1. Front setbacks. Where adiacent residential structures within the same block
have front vard setbacks different from those rMuired he frogLyard
,t
minimum setback shall be the aveja��� ..����
setback shall be the
he adiacent structure. In
no case shall the required front yard setback exceed that
established within the districts of 1his cha ter.
2_
T-
a -Ibuildf.n.g
Fner-e thaft 1. 801 l'--1 fcfeffl the
4M-4
yar-d shall eenfoma es:taWi.;;1he4-,-da -21 1
as
.'.'ffliftistr-at,er- &-terfnines4hat anotheF setbaek is fnefe a"FOPF-k"V�
Subd 2. Side and rear setbacks. Subject to regulations contained in the Building
Code and other applicable regulations, side and rear setback requirements
may be waived, provided party walls are used and the adjacent buildings are
constructed as an integral unit and are part of an approved shopping center,
townhouse development, or other similar development. The waiver shall
only be by issuance of a variance.
Subd 3. Setbacks frown private roads. All setback requirements of this chapter shall
also be applicable to private roads and easement access rights-of-way.
Section 2. Adoption Date
tely upon adoption and publication in the
This ordinance shall become effective immedia
official newspaper of the City of Lake Elmo.
This Ordinance No. was adopted on this --- day of ___, 20.—, by a
vote of -- Ayes and — Nays.
ATTEST:
Susan Hoyt
Administrator
This Ordinance No. _— was published on the -- day of ---, 2007.
IQ
hgklp�LIL (to I.C"onservation) LgiAgg, �Lu, r Le,
I_ fir
TLe r (2�i oLdn district -is thcpLe,
_p" _q of the NC Zz c!'_ -L —a114
enhancement qf neij�hborhoods within the Cjty_th4LhAye been developed over
Lime L _Et�!ndqrds of the City or East
_.es, o115,ive to earlier or nonexistent zongiqg — — - — - — -
pq
Oakdale Township. The goal of Czoniii�isthe retention cif the existing
Dhv,sical environment oftiriesej?re --existin �ngrb
igbb000ds with a minimum of
zoninc, non -conformities created by NC district standards, as well as to regulate
"in -fill" devel.ppment/redevelopment in thosc_p)L.e- It is
not the intent or purpose to apply the NC district standards to lattin of
undeveloped lands or the division of existi a ar els to create additional.
buildable tax parcels.
a, One family detached daellings,j
3. Accessory Asses
a. Uses which are customarily accqssory and cicarly incidental
19 pegrnitted uses
.borne oe occu
_—L—pgkons.
3. Minimum District Rf-apirements.
Minimum Lot Size
Front:
Side d e flnteriol—.
_
. Side (Corner)—
Aiterial Street:
Maximum Impervious Surface
Maximum Floor Area Ratio
-feet
whichever is less
VAN
2 Feet, or �d��cency averaged, whichever is
U