HomeMy WebLinkAbout05.23.16 Planning Commission Packet
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday May 23, 2016 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. April 11, 2016
4. Public Hearings
5. Business Items
a. ZONING TEXT AMENDEMENT: The Planning Commission is being asked to
hold a public hearing in regards to a zoning text amendment to change the
accessory structure ordinance in regards to fish houses.
b. ZONING TEXT AMENDMENT: The Planning Commission is being asked to
consider the Low Density Residential setbacks discussion.
c. ZONING TEXT AMENDMENT: The Planning Commission is being asked to
discuss the VMX Zoning District.
6. Updates
a. City Council Updates – May 3, 2016 Meeting
i. Inwood 3rd Addition Developers Agreement – passed.
ii. Palmquist Wedding Ceremony Venue IUP – passed.
b. City Council Updates – May 17, 2016 Meeting
i. Boulder Ponds 2nd Addition Final Plat – Passed
ii. Boulder Ponds 2nd Addition Developers Agreement – Passed
iii. Exception to Accessory Structures in Front Yard – On hold.
iv. Clarification on Zoning Code Amendment for Rural districts – City
Council clarified motion to reveal some uses in these districts.
c. Staff Updates
i. Upcoming Meetings:
June 13, 2016
June 27, 2016
d. Commission Concerns
7. Adjourn
Lake Elmo Planning Commission Minutes; 4-25-16
City of Lake Elmo
Planning Commission Meeting
Minutes of April 25, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dunn, Griffin, Dodson, Larson, Lundquist and
Williams.
COMMISSIONERS ABSENT: Haggard & Fields
STAFF PRESENT: Planning Director Wensman, City Planner Becker & City Administrator
Handt
Approve Agenda:
The agenda was approved as presented.
Approve Minutes: April 11, 2016
M/S/P: Williams/Lundquist, move to approve the April 11, 2016 minutes as amended,
Vote: 7-0, motion carried unanimously.
Public Hearing – Zoning Text Amendment Noise Ordinance
Becker started her presentation regarding an amendment to the noise Ordinance.
Based on the feedback from the Commission, they are recommending changing the
ending hours from 6pm to 7pm. Also, with written permission there would be
exemptions for public infrastructure projects. Becker stated that the City Attorney said
it was not discriminatory to exempt public infrastructure projects and it was ok for the
City Administrator to grant those administratively.
Becker distributed an email from the City attorney that outlines the consequences for
not following the noise ordinance.
Williams asked if either version included feedback from the City Engineer. Becker stated
that she sent it to the City Engineer and did not receive any further feedback other than
that he actually wrote the section regarding the public infrastructure projects.
2
Lake Elmo Planning Commission Minutes; 4-25-16
Public hearing opened at 7:16 pm
No one spoke and there were no written comments.
Public hearing closed at 7:16 pm
Dunn stated that residents have concerns about changing th e hours. There are people
that work various shifts and it is difficult.
Dodson would like to see the second version vs. the first. Larson agreed and would like
to keep it as simple as possible and not get into specific equipment that is used , but
focus on the sound. Williams thinks that in the second version, the word variance
should be avoided and the word exemption should be used. He favors the second
version as it is a little more flexible. At the top of the second page, it talks about the City
Administrator holding a public hearing and he thinks it should say City Council. Becker
agrees that it should be the City Council as it is an ordinance and not a land use. It also
needs to be responded to within 30 days of receipt.
Kreimer asked people what they thought about the hours. He is not in agreement with
extending the hours and neither is commissioner Dunn. Williams and Dodson are in
favor of extending the hours Monday through Friday.
Williams suggested the words City initiated projects to differentiate between City
ordered projects vs. public infrastructure for developments. Williams is wondering if
the City Attorney should give feedback on this particular issue. Wensman said they
understand what the Commission would like to see and they can word smith to get it to
be what the Commission wants and then they can run it by the City Attorney.
M/S/: Williams/Dodson, move to recommend approval of the second version of the
noise ordinance amendment with the stipulation that the staff consult with the City
Attorney to reword C5 to exclude work in private developments before the
infrastructure has been turned over to the City, along with the other changes suggested
by the Planning Commission.
M/S/P: Kreimer/Dunn, move to amend the original motion to change the hours in
section 1a from 7:00 pm to 6:00 pm, Vote: 4-3, motion carried.
M/S/P: Kreimer/Dunn, move to amend the original motion to change C2 to read that the
location shall not be less than 1000 feet in any direction from any dwelling,
Vote: 7 -0, motion carried unanimously.
P: Original motion to approve second version with changes and the two amendments,
Vote: 7-0, motion carried Unanimously.
3
Lake Elmo Planning Commission Minutes; 4-25-16
Business Items – Boulder Ponds 2nd Addition Final Plat
Wensman started his presentation for the Boulder Ponds 2nd addition final plat and PUD
Plans for 18 single family lots for detached Villa homes. This is a mixed use
development with 7.79 acres of outlot for future commercial and 2.42 acre outlot for
future senior living. Staff is recommending 8 conditions of approval.
Griffin asked about the gasline easement. Deb Ridgeway, Excelsior group, stated that it
is on the survey given to homeowner and is an encumburance on the deed of the
property.
Williams would like to add another condition that notice be given that there is a gasline
easement.
Deb Ridgeway stated that Lennar will be connecting 5th street this year and as part of
phase 3 of Boulder Ponds, 5th street will be connected to Inwood next year.
M/S/P:Williams/Lundquist, move to recommend approval of Boulder Ponds 2nd addition
with 9 conditions of approval as drafted by staff based on the findings of fact with the
additional condition of notice of BP gasline easement with purchase agreement for
those lots that are applicable, Vote: 7-0, motion carried Unanimously.
Business Item – 2016 Planning Commission Work Plan
Wensman is looking for feedback from the Planning Commission on the work plan.
Dodson would like to see the codification of the code as a high priority. Kreimer doesn’t
see anything on here regarding the reduction of the densities based on target densiti es.
Wensman stated that he is waiting for direction from the City Council and it might be
part of the Comprehensive Plan. Williams asked about the Village AUAR updated.
Wensman stated that it is overdue and once the Engineer has time, he will work on it
and it should be a B1.
There were questions regarding the Land Use plan for the Washington County Landfill
and the Water Plan update. Wensman added them to the work plan as those were
items he came across and did not want them to get lost. Williams t hinks that there
might be a few too many priority ones on the schedule. He thinks the Home Occupation
should be a priority 2 and the LDR setbacks should be a one. Dodson asked if it would
be possible to have the LDR setbacks for the next meeting. Wensma n stated that if
there is time to notice the public hearing.
4
Lake Elmo Planning Commission Minutes; 4-25-16
There was some discussion regarding the landscape ordinance. The landscape architect
might want some changes to the ordinance to provide some flexibility to the ordinance.
The Commission made the landscape ordinance a D5.
The Commission would like the Manning Avenue Project added back into the
Transportation planning projects section. They also feel that the development review
section could just be removed. Williams asked that the Commission receive a revised
plan after all of the revisions are made.
Council Updates – April 19, 2016 Meeting
1. Approve Inwood Water Tower Zoning Map Amendment
2. Approve Home Occupation Definition Change
3. Comprehensive Map Amendment for MUSA
4. Village Preserve 2nd Addition Final Plat
5. Inwood 3rd Addition Final Plat
6. Inwood 3rd Developers Agreement
Staff Updates
1. Upcoming Meetings
a. May 9, 2016
b. May 23, 2016
Commission Concerns
Dunn asked about Tartan Park updates. Wensman stated that they had a meeting
regarding grading, but there was no application yet. Dunn asked if the lighting issues in
the new developments were resolved. Wensman stated that Xcel no longer offers a
product that would meet our dark sky ordinance. Wensman stated that the City
Contract engineer is the inspector and will not sign off if they are not compliant.
Meeting adjourned at 8:44 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
PLANNING COMMISSION
DATE: 05/23/2016
ITEM #: 5aDiscussion Item
CASE # 2016-17
AGENDA ITEM: Exempting Fish Houses from requirement that no accessory structure be constructed
prior to principal structure on a lot.
SUBMITTED BY: Emily Becker, Planner
REVIEWED BY: Stephen Wensman, Planning Director
SUMMARY AND BACKGROUND:
At its May 3, 2016 meeting, City Council directed Staff to amend the City’s Accessory Structure ordinance
to exempt “fish houses” that are 120 square feet or less in size from the requirement that principal structures
be constructed or accessory use be located on lots prior to accessory structures in the Rural Single Family
Zoning District.
The request was made due to a significant number of non-conforming lot sizes in the Rural Single Family
Zoning District upon which a house would likely not meet setback requirements. Because a significant
number of these lots could not be built upon without first obtaining a variance, the request was made so
that these lots could be utilized for the recreational purpose a fish house would allow. Allowing an accessory
structure to be erected prior to the existence of or issuance of a building permit for a principal structure is
not allowable by variance, so a text amendment is needed in order to permit this to occur.
Staff would also like to take this opportunity to amend Section 154.406 (D) to strike out the exception by
Resolution of the City Council to be made to the requirement that accessory structures must be located
nearer to the front lot line than the principal structure. Staff believes the exception is a defacto variance
without findings. The City Attorney has also given support for this amendment. The variance process is
the appropriate mechanism to grant such exceptions. .
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission should consider if fish houses, with certain provisions, should be exempt from
the requirement that principal structures be constructed on lots prior to accessory structures in the Rural
Single Family Zoning District.
The Planning Commission should also consider if the language in Section 154.406 (D) of the Zoning Code
that allows accessory structures to be located nearer to the front lot line than the principal structure by
Resolution of the City Council should be stricken. Striking this language will require applicants to go
through the variance process.
PROPOSAL DETAILS/ANALYSIS:
Planning Commission Meeting May 23, 2016 Discussion Agenda Item #5a
Fish House Exemption:
Definition. The definition of water-oriented accessory structure or facility in Lake Elmo’s City Code lists
fish houses as an example of such a structure. Water-oriented accessory structures are exempt from setback
regulations of the Shoreland Overlay District if certain provisions are met including not exceeding a height
of ten feet, not being over 250 square feet in size, being set back at least ten feet from the Ordinary High
Water Level (OHWL) on a recreational development lake and 50 feet from the OHWL on a natural
environment lake, being treated to reduce visibility as viewed from public waters, must not be used for
human habitation or contain water supply or sewage treatment facilities. The Code does not currently
clearly define fish houses.
Restriction. Because fish houses are classified as accessory structures, regulations of accessory structures
must be met. By City Code, no accessory structure can be constructed or accessory use be located until a
building permit has been issued for a primary structure on a lot. The Code provision is typical in cities in
order to maintain control over use of properties for storage and to protect the City against a proliferation of
unwanted storage structures.
Logic Behind Zoning District Restriction. Staff recommends that if an exemption for fish houses from
the requirement of a principal structure is considered, the exemption should be restricted only to the RS -
Rural Single Family Zoning District for a number of reasons. First, there are a number of lots in this zoning
district that are non-conforming, and on which a house could not be built without a variance. Additionally,
many of the lots in the RS District are located adjacent to a lake, and allowing fish houses to exist on lots
without primary structures would allow owners who do not wish to construct a primary structure to enjoy
recreation on the lake without having to haul their fish house to the lake each winter season.
Potentially-Affected Parcels. There are currently 221 parcels located in the Rural Single Family District
on which a principal structure does not exist. 191 of these parcels are non-conforming lots in that they do
not comply with the 1.5 acre minimum lot size the Rural Single Family Zoning District requires. A map is
included as an addendum to this report to illustrate the locations of these parcels.
Regulation. Fish houses are considered accessory structures and therefore will require a Certificate of
Zoning Compliance, as any accessory structure located on a property that does not require a building permit
requires this Certificate. It is at this time that Staff will be able to determine if most of the requirements of
a fish house outlined in its definition are met. Of course, some requirements will not easily be determined,
and there may be need for code compliance investigations if complaints are received or it is observed by
the City that a property is in violation.
Potential Impacts. There are a number of potential impacts that may result from allowing fish houses to
exist on parcels without primary structures. First, fish houses may be used solely as storage. Even though
the definition outlines that they may not be used for storage, it is hard to know and regulate what occurs
inside a structure that is not viewable from the street without going through the proper processes. Also,
the design of fish houses is not regulated nor do they require a building permit, so the appearance, safety
and durability of the structure are at risk. Section 154.406 of the Zoning Code requires that accessory
structures are required to be similar or compatible with the design and construction of the principal
building, but without a principal building, there is nothing by which its exterior appearance can be
regulated. Additionally, it is hard to regulate fish houses from being used as dwellings, even though the
definition does not allow this. On the other hand, allowing fish houses to be constructed/located on a lot
Planning Commission Meeting May 23, 2016 Discussion Agenda Item #5a
without a primary structure would increase the utility of the lot for the owner without them having to go
through a variance process and constructing a primary structure and could potentially benefit neighboring
properties as adjacent lots can remain mostly vacant, increasing their peace and privacy. The extra
requirements; that a fish house is located on a lot with direct access to a water body; maintains a current
license with the Minnesota Department of Natural Resources regardless if it is left on a water body
overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single
Family setback requirements, are intended to limit some of the potential impacts.
Requiring the Variance Process for an Accessory Structure to be Located Nearer to the Front Lot
Line than the Principal Structure:
Variance Process. The Board of Adjustment has the power to grant variances to the provisions of this
chapter under certain procedures and standards. All requests for variances shall be reviewed in
accordance with the required findings. A public hearing is to be held by the Planning Commission, after
which findings are considered and a recommendation is made to the Board of Adjustment. The current
process of allowing accessory structures to be located nearer the front lot line than the principal structure
does not follow this process outlined in Section 154.109: Variances of the Zoning Code.
History. Since 1993, Staff has found that approximately 29 approvals for accessory structures to be
located nearer to the front line than the principal structures have been made by Resolution of City
Council.
FISCAL IMPACT:
Allowing fish houses to be located on lots in the absence of principal structures may increase the amount
of time Staff spends in response to code compliance complaints as fish houses may be used for storage or
habitation as is not allowed per the proposed ordinance.
Requiring the variance process for accessory structures to be located nearer to the front line than the
principal structure may increase the amount of time Staff spends on such requests, though the cost of a
variance is much higher than the cost of the request of Resolution by City Council ($750.00 vs. $200.00,
respectively). The change may also reduce the number of requests.
OPTIONS:
The Planning Commission should consider if fish houses should be exempt from the requirement that
principal structures be constructed on lots prior to accessory structures. If it is determined that fish houses
should be granted this exemption, the provisions under which this is allowed should be evaluated and
determined.
As for the exception for accessory structures closer to the front lot line, the option is whether to allow
accessory structures to be located nearer the front lot line, or not. If not, the variance process is the
appropriate mechanism for exceptions to the ordinance.
RECOMMENDATION:
Staff recommends that the Planning Commission discuss the proposed zoning text amendment and
provide feedback to Staff. On June 13, 2016, at the Planning Commission meeting, a public hearing will
Planning Commission Meeting May 23, 2016 Discussion Agenda Item #5a
be held to obtain public comment and a formal recommendation from the Commission for the City
Council.
ATTACHMENTS:
Draft Ordinance Amendment to exempt fish house from the requirement of a principal structure.
Quick notes on other cities’ fish house requirements.
Map depicting potentially affected parcels (fish house).
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
EXEMPTING FISH HOUSES FROM REQUIREMENT THAT NO ACCESSORY STRUCTURE BE
CONSTRUCTED PRIOR TO PRINCIPAL STRUCTURE ON LOT AND STRIKING LANGUAGE
THAT ALLOWS ACCESSORY STRUCTURES TO BE LOCATED NEARER TO THE FRONT
LINE THAN PRINCIPAL STRUCTURES BY RESOLUTION OF THE CITY COUNCIL
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I:
General Provisions; Chapter 11: General Code Provisions by adding the following
definition:
FISH HOUSE. A water-oriented structure meant to provide periodic shelter during the
winter months while atop a frozen lake for use in fishing. A structure will be considered a
fish house only if it is constructed with sleds, wheels or similar means to allow transport
on to a frozen lake; and is not used on land for human habitation.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Article 5. General Regulations; Section
213: Accessory Buildings and Structures, Generally; Subd. B: Definitions and Subd.
D: Principle Structure Necessary to read the following:
B. Definitions. The following words, terms and phrases, when used in this section, and all
sections pertaining to accessory buildings or structures, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates a different
meaning:
Agricultural Farm Building. An accessory building used or intended for use on an active
commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution
Control Agency permit may be required.
Detached Domesticated Farm Animal Building. A 1-story accessory building used or
intended for the shelter of domestic farm animals and/or related feed or other farm
animal supportive materials. The building may require a Minnesota Pollution Control
Agency feedlot permit in addition to site and building plan approval.
Fish House. A water-oriented structure meant to provide periodic shelter during the
winter months while atop a frozen lake for use in fishing. A structure will be considered a
fish house only if it is constructed with sleds, wheels or similar means to allow transport
on to a frozen lake; and is not used on land for human habitation.
Detached Residential Accessory Building. A 1-story accessory building primarily used or
intended for the storage of automobiles and other miscellaneous equipment. No door or
other access opening shall exceed 14 feet in height.
2
Storage or Tool Shed. A 1-story accessory building of less than 160 square feet gross area
with a maximum roof height of 12 feet.
D. Principal Structure Necessary. No accessory building of structures shall be constructed nor
accessory use located on a lot until a building permit has been issued for the principal
structure to which it is accessory. Fish houses as defined in this Code and located in the
RS Rural Single Family District are exempt from this requirement provided the following
criteria is met: must be located on a lot with direct access to a water body; must maintain
a current license with the Minnesota Department of Natural Resources regardless if it is
left on a water body overnight; is 120 square feet or less; and complies with Shoreland
regulations and RS Rural Single Family setback requirements. One fish house per lot may
exist without a principal structure.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 405: Accessory Uses and
Structures to read the following:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior
to the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
F. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family
District are exempt from this requirement provided the following criteria is met: must be
located on a lot with direct access to a water body; must maintain a current license with
the Minnesota Department of Natural Resources regardless if it is left on a water body
overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural
Single Family setback requirements. One fish house per lot may exist without a principal
structure.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 404: Accessory Structures, Rural
Districts., Subd. D to read the following:
D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be
located nearer to the front lot line than the principal building on that lot . unless, by Resolution
of the City Council, an exception is made to permit a detached garage or accessory structure
nearer the front lot line than the principal building.
SECTION 5. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
3
SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________,
2016.
Pequot City:
102. Fish House. A structure placed on a lake during the winter for use in fishing. A structure
will only be considered a fish house if it is 160 square feet or less, is moveable and has a current
license.
Oronoco:
Defines gazebos, screen houses, fish houses, pump houses, and detached decks as accessory
structures
Brianerd:
Water-oriented accessory structure or facility" means a small, above ground building or other
improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship
of its use to a surface water feature, reasonably needs to be located closer to public waters than the
normal structure setback. Examples of such structures and facilities include boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks.
515-17-2: Dwelling Unit Restriction. No cellar, garage, tent, travel trailer, motor home, fish house,
basement with unfinished structure above, or accessory building shall at any time be used as a
dwelling unit.
Mounds View:
Ordinance allows the storage of fish houses in residential front yard areas.
East Bethel:
Fish houses shall be included in the calculation of the gross maximum square footage for detached
accessory structures. No more than one fish house shall be permitted on a lot. Fish houses must meet
all required accessory structure setbacks.
Chanhassen:
Water-oriented structures (e.g. boathouses, gazebos, screen houses, fish houses, etc.) must maintain
the minimum 10-foot setback from the ordinary high water mark. Water-oriented structures are
permitted to be a maximum of 250 sq. ft., 10 ft. in height, and must not occupy more than 30% of the
rear yard.
INWOOD
38TH
HYTRAIL
JAMLEY
55TH
59TH
50TH
3RDSTREET
59TH
LAKEJANE
38TH
50TH
32ND
JACKPINE
HILLTOP
DEERPOND
JAMACA
HYTRAIL
HIDDENBAY
38TH
59TH
IVY
LEGION
HILLTOP
KELVIN 34TH
59TH
11TH
IRONWOOD
LAKEJANE
ISLE
JAMACA
DEMONTREVILLETRL
12TH
KELVIN
LANSING
38TH
JANE
LEGION
INWOOD
3RDSTREET
HILL
DEERPOND
36TH
JAMACA
33RDSTREET
HILL
LAKE ELMO
10TH
DEMONTREVILLE
12TH
59TH
KRAFT
32ND
LAKEJANE
JAMACA
LAKEJANE
39TH
42ND
LAKE ELMO
31ST
LEEWARD
JAMLEY
JANE
JEROMEAVE
30TH
55TH
LAKEJANE
DEMONTREVILLE
IRISH
JAMLEY
HIGHLANDS
38TH
HILL
IRONWOOD
LEGION
36TH
JANERO
20TH STREET
KELVIN
HYTRAIL
LAKEJANE
IVY
JASPER
55TH
55TH
27TH
STILLWATER
JAMACA
HYTRAIL
HILLTOP
27TH
53RD
HILLTOP
32ND
HIGHLANDS
HIDDENBAY
JAMACA
IRISH
KELVIN
LAVERNE
IRISH
ISLE
JANE
UPPER33RD
12TH
KLONDIKE
55TH
JANE
JANE
JAMACA
LAKEJANE
HILLTOP
STILLWATER
LAKE ELMO
53RD
59TH
LAKEELMO
36TH
JAMLEY
DEMONTREVILLE
IVY
JAMACA
LAKEELMO
LAKE JANE
HILLTOP
HILL
ISLE
STILLWATER
HILLTOP JEROME
HILL
31ST
LEEWARD
3RDSTREET
35TH
LEGION
50TH
LAKEJANE
JANE
39TH
JAMACA
50TH
LEGION
IRVIN
DEERPOND
3RDSTREET
JANERO
24THSTREET
42ND
LAKEJANE
53RD
IVY
JAMLEY
DEMONTREVILLE
LAMPERT
IRISH
LEEWARD
LEGION
DEERPOND
LAKEELMO
JANE
39TH
JEROME
39TH
HILL
39TH
36TH
JANEHILL
INNSDALE
HIGHLANDS
JANE
31ST
42ND
HILL
59TH
39TH
LEEWARD
39TH
DEMONTREVILLE
10TH
JANE
STILLWATER
35TH
JAMACA
JAMACA
JAMACA
33RD
JAMLEY
38TH
DEMONTREVILLE
OLSONLAKE
36TH
STILLWATER
LEGION LN
DEMONTREVILLE
24TH
39TH
STILLWATER
3RDSTREET
HILLTOP
38TH
JANE
HIGHLANDS
HILLTOP
JANE
LISBON
ISLE
STILLWATER
LAMPERT
JAMACA
BIRCHBARK
JAMACA
LAKEELMO
LEGION
MANNING
HIGHLANDS
STILLWATER
HILLTOP
HILL
LAKEJANE
LAKE ELMO
LAKEJANE
42ND
30TH
ISLE
JANE
LAKE ELMO
HILL
LEGION
12TH
IVY
59TH
50TH
LISBON
JAMACA
JEROME
HIDDENBAY
JAMACA
HIGHLANDS
LAKEELMO
STILLWATER
LAKEJANE
JAMACA
HILLTOP
31ST
LAKEELMO
LAKEELMO
OLSONLAKE
JAMACA
STILLWATER
53RD
37TH
42ND
20TH
HIGHLANDS
HILLTOP
HIGHLANDS
JAMACA
30THKLONDIKE
HILLTOP
LAKEJANE
50TH
39TH
31ST
21ST
LEGION
IRVIN
59TH
HILLTOP
27TH
LEGIONLANE
HILL
50TH
24THSTREET
37TH
OLSONLAKE
59TH
LAKEJANE
HIGHLANDS
JANE
12TH
31ST
JANEJANE
STILLWATER
3RDSTREET
JEROME
3RDSTREET
LEGION
JAMACA
LAKEELMO
59TH
JANERO
35TH
HILL
32ND
LAKE ELMO
JANE
JAMACA
JAMACA
KLONDIKE
LAKEELMO
HIDDENBAY
DEMONTREVILLETRL
HIDDENBAY
LEGION
LAVERNE
59TH
35TH
JANE
JEROMEAVE
JANE
3RDSTREET
LAYTON
JAMACA
HILL
LAVERNE
LAKEJANE
IDEAL
INWOOD
LAKEELMO
LAKEJANE
LEGION
31ST
DEMONTREVILLE
JAMLEY
HILL
31ST
STILLWATER
LAKEJANE
JAMACA
DEMONTREVILLETRL
HIGHLANDS
39TH
HIDDEN BAY
42ND
53RD
38TH
JANE
KLONDIKE
JANE
JANE
HILL
LAKEELMO
20TH
38TH
27TH
LAKEELMO
31ST
OLSONLAKE
JANE
LAKEELMO
JANE
LAKEELMO
HILL
12TH
38TH
35TH
27THSTREET
IRVIN
JANE
LAKEELMO
ISLE
MANNING
JEROME
HIGHLANDS
DEMONTREVILLE
JEROME
JAMACA
34TH
HYTRAIL
IVY
59TH
30TH
IRVIN
LEGION
55TH
JANE
LEGION
JANE
24TH
HILLTOP
DEMONTREVILLE
24THSTREET
27TH
38TH
HILL
37TH
JAMACA
LAYTON
BIRCHBARK
11TH
LAKEELMO
32ND
HIGHLANDS
33RD
LAKEELMO
LAKEJANE
31ST
53RD
20THSTREET
53RD
50TH
STILLWATER
JANE
JAMACA
LAKEELMO
37TH
LEGION
JAMACA
LAKEJANE
HYTRAIL
34TH
32ND
IRVIN
DEERPOND
JAMACA
LAKEELMO
LISBON
DEMONTREVILLE
ISLE
30TH
DEERPOND
LAMPERT
LAKEJANE
LAKEJANE
50TH
42ND
33RD
JEROMEAVE
LAKEELMO
DEERPOND
ISLE
LAKE ELMO
STILLWATER
JANE
53RD
JAMACA
HILL
DEERPOND
53RD
28TH
JANE
32ND
JANE
IRVIN
LAKEELMO
JAMACA
LEEWARD
21ST
IVY
39TH
KELVIN
ISLE
LAKE ELMO
HILL
HIGHLANDS
LANSING
LAKE ELMO
LAKEJANE
LEGION
LEGION
IRVIN
DEMONTREVILLE
32ND
HYTRAIL
LAKE ELMO
DEERPOND
LAYTON
HILLTOP
DEMONTREVILLE
JACKPINE
3RDSTREET
HIDDENBAY
HIDDENBAY
20TH
JAMACA
ISLE
IDEAL
HIDDENBAY
21ST
28TH
LEGIONSTILLWATER
JACKPINE
12TH
DEERPOND
HYTRAIL
ISLE
LAKEJANE
JEROMEAVE
LAYTON
31ST
LISBON
INNSDALE
LAKEELMO
39TH
JASPER
HILL
LEGIONLEGION
LAKEELMO
HILLTOP
36TH
59TH
LEGION
JAMACA
59TH
39TH
HILL
LEEWARD
LAKEELMO
LEGION
35TH
DEERPOND
HIGHLANDS
IRISH
39TH
HILLTOP
LEGION
27THSTREET
42ND
LEGION
BIRCHBARK
JAMLEY
JAMACA
LEGION
39TH
42ND
ISLE
38TH
BIRCHBARK
STILLWATER
20THSTREET
HILLTOP
DEMONTREVILLETRL
JANE
LEGION
HIDDENBAY
31ST
IRISH
LEGION
LAKEELMO
IRONWOOD
IRVIN
31ST
OLSONLAKE
HILL
IRONWOOD
LEGION
HILL TRL
59TH
LEGION
31ST
50TH
JAMACA
59TH
HILLTOP
OLSONLAKE
IRVIN
HIGHLANDS
21ST
JAMACA
JANE
IRVIN
JAMACA
HILL
MANNING
10THSTREET
30TH
HIGHLANDS
11TH
DEERPOND
JANE
INNSDALE
JAMLEY
JAMACA
DEMONTREVILLETRL
55TH
28TH
LAKEELMO
STILLWATER
JAMACA
32ND
55TH
KELVIN
JAMACA
59TH
DEMONTREVILLE
3RDSTREET
HILL
HIGHLANDS
27TH
55TH
27THSTREET
LAVERNE
24TH
59TH
38TH
HILL
JAMACA
LAKEELMO
HIGHLANDS
59TH
LAKEELMO
HILLTOP
HILL
LAKEJANE
30TH
HILL
42ND
OLSONLAKE
HYTRAIL
HILL
LAVERNE
38TH
OLSONLAKE
IRVIN
HIGHLANDS
HIDDEN BAYWINDBREAK
DEMONTREVILLE
59TH
38TH
31ST
HILLTOP
11TH
LAKE ELMO
JACKPINE
LAKEELMO
24TH
HIGHLANDS
JANE
LAKEJANE
BIRCHBARK
KELVIN
HILL
3RDSTREET
JANE
LEGION
20TH
LEGION
LAVERNE
42ND
LEGION
42ND
IRISH
STILLWATER
31ST
HIDDENBAY
38TH
27TH
DEERPOND
LANSING
LAKEELMO
HILLTOP
LAKEELMO
BIRCHBARK
42ND
37TH
37TH
50TH
42ND
STILLWATER
24TH
LAKEJANE
STILLWATER
11TH
27TH
IRONWOOD
LAKEELMO
BIRCHBARK
27TH
DEMONTREVILLE
HILL
JAMLEY
JASPER
JAMACA
HIGHLANDS
JEROME
LAYTON
27TH
38TH
STILLWATER
JEROMEAVE
OLSONLAKE
HIDDENBAY
LAKEELMO
DEERPOND
28TH
HILL
LEGION
LEGION
LAKEJANE
53RD
LAYTON
27TH
LEGION24THSTREET
STILLWATER
LAKEJANE
LAKEJANE
12TH
21ST
LEGION
59TH
LAKEJANE
LAKEELMO
LAVERNE
59TH
JAMACA
LEGION
LAKEJANE
10THSTREET
27TH
24TH
42ND
IRONWOOD
JANE
37TH
LEEWARD
HYTRAIL
12TH
LEGION
DEERPOND
JAMACA
LEGION
10THSTREET
HILLTOP
STILLWATER
STILLWATER
3RDSTREET
DEMONTREVILLE
HIGHLANDS
30TH
HIDDENBAY
21ST
ISLE
DEMONTREVILLE
KELVIN
53RD
JEROMEAVE
32ND
HIGHLANDS
20TH
HILLTOP
35TH
39TH
55TH
DEERPOND
HIGHLANDS
ISLE
32ND
12TH
LAKEJANE
59TH
IRVIN
KLONDIKE
HIDDENBAY
36TH
LAKEELMO
LAKEJANE
JANE
35TH
DEMONTREVILLE
HILLTOP
12TH
JANE
36TH
HIGHLANDS
DEERPOND
HIDDENBAY
HIGHLANDS
IRISH
ISLE
HIGHLANDS
LAKEJANE
LAKEJANE
50TH
STILLWATER
JAMACA
LAKEELMO
HYTRAIL
LANSING
OLSONLAKE
LAKEJANE
30TH
27TH
LISBON
JANE
JAMACA
3RDSTREET
HILLTOP
LEGION
39TH
53RD
LAKEJANE
JANE
LAYTON
27TH
JAMACA
27THSTREET
LEGIONLANE
32ND
32ND
LEGION
3RDSTREET
INNSDALE
LAKEJANE
12TH
31ST
JAMACA
32ND
LAKEJANE
LAMPERT
MANNING
HILL
HIGHLANDS
28TH
50TH
HIGHLANDS
IVY
55TH
JAMLEY
ISLE
38TH
LAKEELMO
JAMACA
42ND
HIGHLANDS
JANE
STILLWATER
HIDDENBAY
KLONDIKE
LAKEJANE
33RD
HILL
JAMACA
KRAFT
LAKE ELMO
HILL
DEERPOND
KLONDIKE
JAMLEY
ISLE
HILL
INWOOD
JANE
HILL
HILL
LEGION
OLSONLAKE
HILL
36TH
32ND
JAMACA
LEEWARD
HIDDENBAY
HILL
LAVERNE
32ND
ISLE
LEEWARD
33RDSTREET
10TH
JEROME
HILL
10THSTREET
LAKEELMO
27TH
JAMLEY
36TH
30TH
LAKEJANE
OLSON LAKE
LAKEJANE
3RDSTREET
LEGION LN
42ND
JAMACA
LISBON
LEGION
35TH
LAKEJANE
39TH
JEROME
JANE
55TH
42ND
JANE
59TH
53RD
LAYTON
JANE
JAMACA
LANSING
JANE
HIGHLANDS
KELVIN
OLSONLAKE
55TH
DEMONTREVILLE
LAYTON
59TH
31ST
HILL
31ST
LAKEJANE
HYTRAIL
LEGION
IVY
IRONWOOD
JAMACA
DEMONTREVILLE
IRONWOOD
31ST
KRAFT
31ST
DEERPOND
HYTRAIL
JEROME
HILL
JAMACA
OLSONLAKE
JANE
LAKEJANE
JANE
LAKEJANE
LAKEELMO
LAKEELMO
MANNING
IRONWOOD
WINDBREAK
DEMONTREVILLE
JANE
49TH
LAKEELMO
JASPER
LAKEJANE
OLSONLAKE
MANNING
12TH
IRISH
HILL TRL
LAVERNE
JAMACA
38TH
20TH
KELVIN
HYTRAIL
LAKEELMO
KLONDIKE
LAKEELMO
32ND
LEGION
LAKEELMO
JAMLEY
BIRCHBARK
LAKEELMO
LAKEELMO
LAYTON
31ST
JASPER
IRVIN
JANE
27TH
JAMACA
LEGION
42ND
20TH
LAKE ELMO
JANE
HILLTOP
LAYTON
HIDDENBAY
JAMACA
12TH
JANE
HIDDENBAY
KRAFT
ISLE
39TH
ISLE
HYTRAIL
LAKEJANE
LAVERNE
LAKEJANE
50TH
DEMONTREVILLETRL
3RDSTREET
STILLWATER
50TH
LAKEJANE
HIGHLANDS
59TH
HIDDENBAY
HIGHLANDS
JAMACA
37TH
HILL
INNSDALE
39TH
HIGHLANDS
ISLE
53RD
IRONWOOD
35TH
55TH
IRISH
JEROME
JAMACA
LAKEELMO
HIDDENBAY
IDEAL
38TH
JAMLEY
HIDDENBAY
34TH
27THSTREET
KRAFT 32ND
LAKEELMO
IRONWOOD
LAKEJANE
LAKEELMOLAKEELMO
31ST
LEGION
LAYTON
DEERPOND
LAMPERT
32ND
LAKEJANE
34TH
STILLWATER
LAKEELMO
DEERPOND
LAKEELMO
JAMACA
LAKEELMO
IRONWOOD
LAVERNE
LAKEELMO
LANGLY
STILLWATER
DEMONTREVILLE
JANE
HIDDENBAY
BIRCHBARK
DEERPOND
34TH
LAVERNE
LAKEJANE
JEROME
LAYTON
STILLWATER
LAVERNE
IRONWOOD
37TH
IRONWOOD
HILL
LAKEELMO
IRONWOOD
HILL
LAKEELMO
JACKPINE
JAMACA LAKEELMO
HIDDENBAY
LEGION
37TH
32ND
DEMONTREVILLE
HIDDENBAY
HIDDENBAY
DEERPOND
HIDDENBAY
DEMONTREVILLETRL
37TH
HIDDENBAY
JAMACA
UPPER33RD
INWOOD
LAKEJANE
DEMONTREVILLE
27TH
32ND
LAKEJANE
LAKEJANE
DEMONTREVILLE
LAKEJANE
LAKEELMO
KRAFT
LAKEELMO
LISBON
DEMONTREVILLE
OLSONLAKE
31ST
JAMLEY
HIDDENBAY
32ND32ND
28TH
HIGHLANDS
HIGHLANDS
HIDDENBAY
LAKEELMO
JAMACA
27TH
JAMLEY
HIDDENBAY
LEGION
JACKPINE
LAYTON
IRONWOOD
31ST
INWOOD
HIGHLANDS
HIGHLANDS
KRAFT
33RDSTREET
DEERPOND
LEGION
CHERRYWOOD
DEMONTREVILLE
UPPER33RD
LAVERNE
IRONWOOD
JAMACA
HIDDENBAY
JANE
27TH
LAYTON
JAMACA
HILL
LAYTON
JACKPINE
50TH
3RDSTREET
31ST
32ND
HILLTOP
27THSTREET
LAVERNE
OLSONLAKE
OLSONLAKE
HIDDENBAY
30TH
27THSTREET
LAVERNE
JAMLEY
37TH
JAMLEY
JANE
LAKEJANE
HYTRAIL
STILLWATER
24THSTREET
27THSTREET
31ST
30TH
IRONWOOD
BIRCHBARKOLSONLAKE
31ST
LAKEELMO
LAKEELMO
HIDDENBAY
LAKEELMO
HIGHLANDS
LAKEJANE
STILLWATER
STILLWATER
JANERO
27THSTREET
LAYTON
50TH
HIGHLANDS
DEMONTREVILLE
JANE
DEMONTREVILLE
32ND
OLSONLAKE
JANE
LAVERNE
HIDDENBAY JANE
LEGION
LAKEELMO
LAKEJANE
HIDDENBAY
BIRCHBARK
JAMACA JAMACAJAMACA
39TH
LAKEELMO
50TH
HILLTOP
IRONWOOD
HIGHLANDS
LAKEJANE
LAKEJANE
33RD
WINDBREAK
HIDDENBAY
LAKEJANE
32ND
DEMONTREVILLETRL
DEERPOND
DEERPOND
IRISH
LAVERNE
35TH
LAKEJANE
32ND
LAKEELMO
LAKEELMO
HILLTOP
20THSTREET
HILLTOP
DEERPOND
27TH
JACKPINE
STILLWATER
42ND
27TH
JANE
KRAFT 32ND
HILL
DEMONTREVILLE
37TH
LAKEJANE
CHERRYWOOD
28TH
LEGION
DEMONTREVILLE
HILLTOP
STILLWATER
31ST
LAKEJANE
HIGHLANDS
32ND
INWOOD
OLSONLAKE
HIDDENBAY
IRONWOOD
30TH
32ND
50TH
LAVERNE
LAVERNE
IRONWOOD
LAKEELMO
WINDBREAK
10THSTREET
LAKEJANE
24TH
HIDDENBAY
LAKEELMO
32ND
HIDDENBAY
JACKPINE
LAKEELMO
DEMONTREVILLETRL
LAYTON
DEERPOND
DEERPOND
LEGIONLANE
OLSONLAKE
50TH
DEERPOND
50TH
BIRCHBARK
HIDDENBAY
IRONWOOD
LAKEELMO
LAKEJANE
31ST
LAMPERT
LEGION
LAKEELMO
CHERRYWOOD
30TH
OLSONLAKE
32ND
33RDSTREET
LAKEELMO
LAMPERT
27THSTREET
STILLWATER
DEMONTREVILLE
JAMACA
LAKEJANE
LAKEJANE
3RDSTREET
LAYTON
STILLWATER
IRONWOOD
LAKEJANE
HIDDENBAY
DEMONTREVILLE
IRONWOOD
HIDDENBAY
LAKEJANE
31ST
HIGHLANDS
LAKEJANE
HIDDENBAY
28TH
DEERPOND
32ND
33RD
HILL
LEGION
LANGLY
32ND
DEMONTREVILLE
LAKEELMO
STILLWATER
OLSONLAKE
HIDDENBAY
LAVERNE
LAMPERT
IRONWOOD
LAKEJANE
HIDDENBAY
30TH
LAYTON
DEMONTREVILLE
30TH
LEGION
DEMONTREVILLE
KRAFT
LEGION
Rural Single Family Lots - No Principal Structure
E Leg en d
RS Parcels No Principal Structure
acres
0.00193 1 - 0 .500000
0.50000 1 - 1 .000000
1.00000 1 - 1 .500000
1.50000 1 - 1 7.95630 7
All Rural S ingle Family (RS) Parcels
Surrou ndin gParcels
Source: Washington County5/9/2016
This map outlines parcels located in the Rural Single Family Zoning District on which a principal structure is not currently located. It also depicts the size of such parcels through color grading.
PLANNING COMMISSION
DATE: 5/23/16
AGENDA ITEM: 5B – DISCUSSION ITEM
CASE # N/A
ITEM: LDR/MDR- Setbacks
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
SUMMARY AND ACTION REQUESTED:
Setback regulations in the LDR – Urban Low Density Residential District and MDR – Urban
Medium Density Residential District have been raised as an issue by Staff early in 2016 and have
been placed on the 2016 Planning Department Work Plan. Staff is requesting that the Planning
Commission discuss the current setbacks in the LDR/MDR District to determine whether changes to
the setbacks are warranted and whether Planning Staff should prepare an ordinance amendment.
REQUEST DETAILS:
In early 2016, the Building Department identified a concern with the 5ft. setback in the LDR/MDR
Zoning Districts. The former Building Official had noted that the Building Code requires “fire rated
assembly” within 5ft. of a property line. This Building Code requirement affects all structures built
to the 5 ft. setback line with eaves or other appurtenances extending into the setback area; typically,
1-2 ft. eaves. The practical result is that soffit venting is prohibited within the setback area (no
openings allowed under eaves within the 5’ setback). The former Building Official recommended
the 5 ft. setback be increased to 7 ft. in the LDR/MDR Zoning Districts.
In April of 2016, Mike Bent was hired as the City’s new Building Official. Planning Staff asked
Mike to review the issue in preparation for drafting changes to the setback regulations. Mr. Bent is a
highly regarded Building Official with expertise in Fire Inspection as well as Building Code. Mr.
Bent acknowledges the requirement, but does not feel the Building Code necessitates a change to the
setback. There are other ways to vent the roof and builders have adapted accordingly.
The second perceived issue related to LDR District setbacks is that the lots are too narrow. Several
Commissioners have raised this concern and have stated that wider lots are needed. Staff has no
issue with the current width of LDR lots, and believes that wider lots will only embolden developers
to put larger homes on them, decreasing the affordability of those lots with the same issues when
walls are placed at the setback line.
The third issue is whether to allow living space behind the garage at the 5 ft. setback in the LDR
District. Presently, the garage side is 5ft. and the house side is 10ft. Traditionally, the City has
allowed living space above garages to be at the 5ft. setback, but has enforced the 10ft. setback when
Planning Commission Meeting May 23, 2016 Discussion Item #5b
2
behind a garage. Cities tend to vary on how this is enforced. This is not a Building Code issue, but
strictly a Zoning Code issue based on local preference.
Presently, the city has been allowing, by policy, applicants to choose between the 5ft. /10ft. setback,
or to have a minimum setback of 7.5ft. on both sides.
The last issue is related to Accessory Structure setbacks in the Urban Districts. The current
required rear yard setback in this district is 20ft, but the requirements do not differentiate
principal building rear yard setbacks from accessory structure rear yard setbacks. It is customary
to have accessory structures located in the rear corner of a residential lot, and for most urban lots,
this setback would eliminate the ability to have an accessory structure.
Current LDR/MDR/HDR Setback Requirements.
Minimum Building Setbacks (feet)
LDR MDR HDR
LDR MLDR MDR HDR
MDR LDR MDR HDR
HDR LDR MDR HDR
Front yard 25 c 25 c 20 c
Interior side yard e
Principal Buildings f,g 10 10 10d
Attached Garage or Accessory
Structures f,g 5 5 10d
Corner side yard g,h 15 15 15
Rear yard 20 20 20
Notes to Urban Residential Districts Table
e. In a block where the majority of the block face has been developed with the same or
similar setbacks, the front setback for the remaining lots on that block face shall fall
within the range established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than 7 feet from a
side property line, the maximum permitted encroachment for anything attached to
said building (including eaves, overhangs, steps, chimneys, and other appurtenances
as described in Section 154.081) will be two (2) feet.
g. Side yards setbacks shall apply to the ends of attached or two-family dwellings.
h. Corner properties: The side façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public
street, or the required front yard setback, whichever is less. If no structure exists on
the adjacent property, the setback shall be as shown in the table.
Planning Commission Meeting May 23, 2016 Discussion Item #5b
3
RECOMMENDATION:
Staff is recommending that the Planning Commission consider the issues and determine whether an
amendment to the setbacks is warranted and provide staff with direction.
PLANNING COMMISSION
DATE: 05/23/2016
ITEM #: 4b-DISCUSSION ITEM
CASE # 2016-14
AGENDA ITEM: Rezoning Old Village GB – General Business District to VMX – Village
Mixed Use District
SUBMITTED BY: Emily Becker, Planner
REVIEWED BY: Stephen Wensman, Planning Director
SUMMARY AND BACKGROUND:
In November of 2013, creation of the Village Mixed Use District was approved in support of the
2030 Comprehensive Plan update for the Village Planning Area. The Village Mixed Use District
was created to replace the existing intermingling of commercial, residential, and public zoning
classifications within the central portion of the Village area. While the creation of the District
was approved, the area for which it was meant for has not yet been rezoned. Currently, the
majority of the parcels that are planned for VMX - Village Mixed Use zoning are zoned GB –
General Business. In late 2015, the Arbor Glen Senior Living property was the first General
Business property to be rezoned to VMX. It is not clear from the data currently available to Staff
why this area has not yet been rezoned.
A major component of the land use plan for the Village Planning Area is the creation of a mixed-
use development area around the existing downtown core. The intent of the VMX ordinance is
to facilitate development that is consistent with a compact, walkable environment that builds
upon the historical land use patterns of the Village. It has also been designed to allow a wide
range of uses and activities and encourages the mixing of different use types. The ordinance
includes standards for specific development types with provisions that address the unique
character of the Village.
Currently, the only parcels zoned GB – General Business are located in the Old Village.
Rezoning these parcels to VMX – Village Mixed Use will leave the GB – General Business
District non-existent on the Zoning Map. Therefore, Staff is recommending that Section 034, GB
– General Business be removed along with all other references to this zoning district. Staff has
Planning Commission Meeting May 23, 2016 Discussion Item #4b
Page 2
also taken this opportunity to amend some inconsistencies in the numbering of the Table of
Contents as it relates to numbering of the Sections in the body of the Zoning Code.
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission should consider rezoning the parcels currently zoned GB - General
Business District to VMX - Village Mixed Use. It should also consider removal of 154.034: GB
– General Business from the Zoning Code, as this district will no longer exist on the Zoning
Map.
PROPOSAL DETAILS/ANALYSIS:
In general, the proposed rezoning will allow a much higher degree of flexibility for building and
activity in the Village than is presently permitted under current ordinances. Attached are tables
that outline differences in lot dimensions, setback requirements, and permitted uses in the two
districts.
Staff has received a number of inquiries from occupants of parcels located in the GB – General
Business District. As shown on the comparison tables, the regulations in these two districts are
quite different, and it is difficult for Staff to determine which regulations should be applied.
Rezoning will help clarify this.
Staff is also cognizant of the fact that the Planning Commission is in support of implementing a
Form Based Zoning for the VMX District, as is supported in the Comprehensive Plan. The Form
Based Zoning is currently on the 2016 Planning Department Workplan. The Commission should
consider how plans for a potential form based zoning in the VMX District pertain to this
rezoning.
FISCAL IMPACT:
Rezoning the subject area to Village Mixed Use zoning will provide greater flexibility, which may
bring in new or different businesses and/or activity to the Old Village.
OPTIONS:
The Planning Commission has the following options:
Planning Commission Meeting May 23, 2016 Discussion Item #4b
Page 3
1) Rezone all of the parcels located in the GB – General Business District to VMX – Village
Mixed Use and omit Section 154.034 from the Zoning Code.
2) Rezone all of the parcels located in the GB – General Business District to VMX – Village
Mixed Use and not omit Section 154.034 from the Zoning Code.
3) Not rezone any of the parcels located in the GB – General Business District to VMX –
Village Mixed Use at this time and leave Section 154.034 in the Zoning Code for the time
being.
RECOMMENDATION:
Staff recommends that the Planning Commission discuss the proposed rezoning of the parcels
located in the GB – General Business District to VMX – Village Mixed Use and striking Section
154.034 from the Zoning Code. At the June 13, 2016 Planning Commission meeting, a public
hearing has been scheduled to obtain public comment and a formal recommendation from the
Commission for the City Council.
ATTACHMENTS:
GB and VMX Lot Dimension and Setback Requirements Comparison Table.
GB and VMX Permitted and Conditional Uses Comparison Table.
Ord. 08-___ omitting Section 154.034 from the Zoning Code.
Planning Commission Meeting May 23, 2016 Discussion Item #4b
Page 4
GB and VMX Lot Dimension and Setback Requirements Comparison Table
Requirements General Business VMX
Minimum Lot Area - Non-Residential Use
1.5 acres (65,340 sf)
None
Minimum Lot Area - Single Family Detached Dwelling 5000 sf
Minimum Lot Area - Two-Family Dwelling (per unit) 3000 sf
Minimum Lot Area - Single-Family Attached (per unit) 2500 sf
Minimum Lot Area - Multi-Family Dwelling (per unit) 1800 sf
Minimum Lot Area - Secondary Dwelling 7500 sf
Minimum Lot Area - Live-Work Unit 3000 sf
Minimum Lot Area - Congregate Housing
Minimum Lot Area - Other Structures 3500 sf
Maximum Lot Area – Residential Structures N/A N/A
Maximum Lot Area – Other Structures 5 acres
Minimum Lot Width - Single Family Detached Dwelling
150 ft
50 ft
Minimum Lot Width – Two-Family Dwelling (per unit) 50 ft
Minimum Lot Width – Single-Family Attached (per unit) 30 ft
Minimum Lot Width – Multi-Family Attached (per unit) 25 ft
Minimum Lot Width – Live-Work Unit 75 ft
Maximum Height 35 ft 35 ft
Maximum Impervious Coverage – Residential Structures 25% - 40%
depending on
acreage
75%
Maximum Impervious Coverage – Other Structures None
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE ZONING CODE BY OMITTING SECTION 034: GB – GENERAL BUSINESS
SECTION 1. The City Council of the City of Lake Elmo hereby strikes Title XV: Land
Usage; Chapter 154: Zoning Code; by repealing Section 051: GB – General Business
in its entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code Table of Contents to read the following:
Zoning Districts
Zoning Districts
154.030 Classifications
154.031 Boundaries
154.032 Zoning district map
154.033 154.044 R-2 One- and Two-Family Residential
154.034 GB – General Business
154.035 154.064 OP – Open Space Preservation District
154.036 154.065 OZD – Overlay Zoning Use District
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 030: Classifications by eliminating
the following:
§ 154.030 CLASSIFICATIONS.
For the purpose of this chapter, all land in the city is divided into zoning districts. The
zoning districts shall be identified by the following classifications, including those districts
identified in § 154.350:
(A) R-2 One- and Two-Family Residential
(B) GB General Business
2
(C) B OP Open Space Preservation District
(D) C OZD Overlay Zoning Use District
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 212: Sign Regulations; Table 5-3 to
read the following:
Ground Signs
Zoning Districts Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR BP, C, CC, GB,
LC, VMX
No. of
Total
Traffic
Lanes
Speed
Limit
(MPH)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
1-3 0-34 - 6’/32 10’/32
35-44 - 6’/32 10’/50
45+ - 6’/32 10’/72
4-5 0-34 - 6’/32 10’/40
35-44 - 6’/32 10’/64
45+ - 6’/32 12’/80
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 150.116: [Wireless Communications] Zoning Requirements to
read the following:
§ 150.116 ZONING REQUIREMENTS.
(A) Wireless communications facilities that require a conditional use permit, including the
installation of a new tower, shall be permitted in the following districts and subject to the
following height restrictions provided they meet all other requirements of this subchapter.
Zoning District Maximum Height (in feet) Minimum Parcel Area
A- Agriculture 125 10
RR - Rural Residential Zoning 125 5
3
R-1, R-2, R-3 and R-4 Urban Residential 125 2.5
OP - Open Space 125 2.5
RE - Residential Estates 125 2.5
GB , LB, CB, HB - Business 125 5
BP - Business Park 125 5
PF - Public Facility 125 None
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 153.14: Park Land Dedication Requirements to read the
following:
Zoning Districts Minimum Required Land Dedication
GB , LB, HB, BP, CB, Fee as set by Council resolution
C, CC, LC, VMX Fee as set by Council resolution
RR and AG with OP Conditional Use Permit 7%
RR and AG with OP-A Conditional Use Permit 10%
SECTION 7. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 8. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
4
This Ordinance 08-____ was published on the ____ day of ___________________,
2016.
GB VMX
Single Family Detached - P
Single Family Attached - P
Two Family - P
Multi Family - C
LiveWork Unit - P
Secondary Dwelling - C
Group Home P P
Group Residential Facility P - allows Boarding Care Facility with 15 residents max.C
Community Services P P
Congregate Housing - C
Semi-Transient Accommodations - C
Day Care P P
Public Assembly P C
Religious Institutions P C
Schools - C
Business Services P P
Business Center P P
Offices P - specifies types of office uses P
Communications Services P P
Education Services P P
Financial Institution P P
Funeral Home - C
Lodging - C
Medical Facility P C
Membership Organization P C
Nursing and Personal Care P - allows Boarding Care Facility with 15 residents max.C
Personal Services
Allows Beauty Shops, Barber Services, Apparel Cleaning
Pick-Up Stations, Apparel Repair and Alterations, Shoe
Repair, Jewelry Repair, Fitness Studio (all defined as
Personal Services)P
Repair and Maintenance Shop P - specifies types of repair services allowed C
Trade Shop - C
Veterinary Services P C
Standard Restaurant P P
Restaurant with Drive-through P - menu boards and intercom systems prohibited C
Drinking and Entertainment - P
Retail Trade
P - Allows Antiques and Secondhand Merchandies,
Bicycles, Art Gallery, Books, Electrical supplies, Flowers
and Floral Accessories, Sporting Goods, Jewelry,
Specialty foods, Drugs and Proprietary Items, Camera and
Photographic Supplies, Furniture, Food and Grocery
Products, Home Furnishings and Related Equipment,
Apparel and Related Accessories, Liquor, Building
Supplies, Household Appliances, Bakeries P
Farmer’s Market - C
Garden Center P C
GB and VMX Permitted and Conditional Uses Comparison Table
Neighborhood Convenience Store P P
Shopping Center
P - does not specify shopping center but allows certain
retail uses C
Wayside Stand -P
Automobile Maintenance Service P C
Automobile Parts/Supply P P
Gasoline Station - C
Parking Facility - C
Sales and Storage Lots P C
Outdoor Recreation Facility - C
Parks and Open Areas -P
Indoor Athletic Facility - C
Indoor Recreation P - allows Family Entertainment Centers (not defined)C
Broadcasting or Communications
Facility - C
Home Occupation P P
Bed and Breakfast P - 15 beds maximum C
Domestic Pets P P
Family Day Care P - allows Boarding Care Facility with 15 residents max.P
Group Family Day Care P - allows Boarding Care Facility with 15 residents max.C
Temporary Sales - P
Parking Facility - P
Solar Equipment - P
Swimming Pools, Hot Tubs, Etc.P P
Other Structures Typically Incidental
and Clearly Subordinate to Permitted
Uses P P
Governmental Offices P -
Libraries P -
Therapeutic Massage P -
Kennels P -
C = Conditional Use
P = Permitted Use
- = use not addressed
Development Status Sheet Final Plat ApprovalDA Agreement DA Agreement Plat Recorded Updated 5/13/16
Approved Signed Total #Total # of Total # of Building CO's
Southern Developments Developer Builder Of Homes SF Homes Townhomes Permits Issued Issued Zoning
SAVONA - 310 Total
Savona 1st 2/18/2014 5/20/2014 6/18/2014 9/25/2014 Lennar Lennar 44 44 0 41 37 LDR
Savona 2nd 9/16/2014 9/16/2014 10/22/2014 4/14/2015 Lennar Lennar 67 45 22 39 31 LDR/MDR
Savona 3rd 9/15/2015 9/15/2016 9/16/2015 11/19/2015 Lennar Lennar 120 21 99 18 0 LDR/MDR
Savona 4th 3/15/2016 4/5/2016 Lennar Lennar 78 0 0 0 0 LDR
309 110 121 98 68
BOULDER PONDS - 162 Total
Boulder Ponds 1st 4/21/2015 4/21/2015 5/16/2015 6/5/2015 OP 4 Boulder Ponds Creative Homes 47 47 0 11 7 PUD/LDR
Boulder Ponds 2nd 5/17/2016 OP 4 Boulder Ponds Creative Homes 18 0 0 0 0 PUD/LDR
65 47 0 11 7
HUNTER'S CROSSING - 51 Total
Hunter's Crossing 1st 7/1/2014 10/7/2014 10/15/2015 12/18/2014 Ryland/Cal Atlantic Cal Atlantic 22 22 0 18 14 LDR
Hunter's Crossing 2nd 5/5/2015 5/5/2015 5/29/2015 8/4/2015 Ryland/Cal Atlantic Cal Atlantic 29 29 0 14 9 LDR
51 51 0 32 23
INWOOD - 537 Total
Inwood 1st 5/19/2015 5/19/2015 6/9/2015 8/3/2015 Hans Hagen/MI Homes MI Homes 40 40 0 36 28 PUD/MDR
Inwood 2nd 9/1/2015 11/19/2015 11/23/2015 Hans Hagen/MI Homes MI Homes 21 21 0 19 0 PUD/MDR
Inwood 3rd 4/19/2016 5/3/2016 5/16/2016 Hans Hagen/MI Homes MI Homes 68 68 0 0 0 PUD/MDR
129 129 0 55 28
HAMMES ESTATES - 163 Total 24 month extension to Final Plat Deadline to 10/7/16.
DIEDRICH/REIDER - 48 Total 12 month extension to Final Plat Deadline to 12/1/16.
Northern Developments
EASTON VILLAGE - 217 Total
Easton Village 1st 3/3/2015 3/3/2015 7/23/2015 8/10/2015 Chase Development Multiple 71 71 0 11 4 LDR
71 71 0 11 4
VILLAGE PRESERVE - 91 Total
Village Preserve 1st 5/5/2015 6/2/2015 8/3/2015 8/25/2015 Gonyea Homes Multiple 46 46 0 7 1 LDR
Village Preserve 2nd 4/19/2016 Gonyea Homes Multiple 45 0 0 0 LDR
91 46 0 7 1
WILDFLOWER - 145 Total
Wildflower @ Lake Elmo 1st 7/21/2015 8/4/2015 8/27/2015 10/6/2015 Engstrom Companies Multiple 60 60 0 6 1 PUD/MDR
60 60 0 6 1
Cummulative Totals 776 514 121 220 132
VILLAGE PARK PRESERVE - 100 Total extension to Final Plat Deadline to 4/15/17.
On hold