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Home My WebLink About06-13-16 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 June 13, 2016 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. May 23, 2016 4. Public Hearings a. EASEMENT VACATION: A request by the City of Lake Elmo to vacate watermain easements on property located at 8574 Eagle Point Circle N, Lake Elmo, Washington County, MN PID #33.029.21.43.0004. b. ZONING TEXT AMENDMENT: A request by the City of Lake Elmo to Amend Article XV: Land Usage; Chapter 154: Zoning Code; Section 205: Fencing Regulations; Subd. 6.: Easement Encroachment of the Lake Elmo Code of Ordinances to allow administrative approval of encroachment agreements. c. ZONING TEXT AMENDMENT: A request by the City of Lake Elmo to Amend Title I: General Provisions; Chapter 11; 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; and Title XV: Land Usage; Chapter 154: Zoning Code; Section 404: Accessory Structures, rural districts, Subd. D, striking the exception by City Council resolution and Title XV; Land Usage, Chapter 154: Section 154.213, Subd. 3, Amending the Definition of Tool Shed. d. COMPREHENSIVE PLAN TEXT AMENDMENT: A request by the City of Lake Elmo to amend the Comprehensive Land Use Plan planned land use category for Rural Single Family such that the City Council can allow connection to the sanitary sewer system where practical. 5. Business Items a. ZONING TEXT AMENDMENT: The Planning commission is being asked to discuss the VMX Zoning District. 6. Updates a. City Council Updates – i. None b. Staff Updates i. Upcoming Meetings: 2  June 27, 2016  July 11, 2016 c. Commission Concerns 7. Adjourn Lake Elmo Planning Commission Minutes; 5-23-16 City of Lake Elmo Planning Commission Meeting Minutes of May 23, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Kreimer, Dunn, Fields, Larson, Lundquist and Williams. COMMISSIONERS ABSENT: Haggard, Griffin & Dodson STAFF PRESENT: Planning Director Wensman Approve Agenda: M/S/P:Williams/Dunn, move to approve the April 25, 2016 minutes as amended, Vote: 6-0, motion carried unanimously. Approve Minutes: April 25, 2016 M/S/P: Williams/Lundquist, move to approve the April 25, 2016 minutes as amended, Vote: 6-0, motion carried unanimously. Business Item – Zoning Text Amendment – Accessory Structure Ordinance in regards to fish houses. Wensman started his presentation stating that this is not a public hearing, but a discussion item for the Planning Commission to consider prior to Public Hearing. This draft is requested by the City Council to consider fish houses on lots in the RS district, prior to a primary structure being built, limited to 120 square feet or less. This code will also define what a fish house is and require that it is licensed by the DNR. Wensman stated that they are requiring that they be licensed each year to preclude them from not being more of a recreational or storage type use. This is a deviation from the rule that you need a primary structure before you can have an accessory structure. There is also a provision that limits them to parcels with direct lake access. Wensman stated that there are 2 other pieces to look at along with this. Right now the code says that an accessory structure can be located closer to the front lot line by resolution of the City Council. Staff would like to see that required to be a variance. Also, currently parcels are allowed a tool shed in addition to allowed accessory structures up to 160 square feet. Staff would like that size to be increased to 200 2 Lake Elmo Planning Commission Minutes; 5-23-16 square feet to be in line with the change in the building code requiring a building permit at 200 square feet instead of the previous 160 square feet. Williams would like to propose the following change under section 1, the definition of fish house, he would like to add the clause “is not used for boat storage”. Williams would like the code to say “fish house” license to be more clear. Kreimer would like to add “g” to section 3 to read that if a fish house license is not obtained, the structure will need to be removed within 60 days. The Commission is fine with the change in size from 160-200 square feet for the “tool” shed, but would be interested in a different name for it as it isn’t important what is stored in there. The Commission is agreeable to striking the language allowing an accessory structure in the front yard by resolution. Dunn was interested in getting input from the City Attorney also. Business Items – Zoning Text Amendment – Discuss the Low Density Residential Setbacks Wensman started his presentation by discussing the 5 foot setback and how it applies to the fire code. The question is whether they want to change that setback and if the lots are too narrow. Fields asked what the staff had to say. The new Building Official doesn’t mind the 5 foot setback, where the old Building Official had a strong opinion against. Williams stated that he thinks if the width of the lot increases, the setback should also increase. He is concerned that if the lot width is increased and the setba cks are increased, it could negatively impact our required densities. He does feel this concern could be overcome though in the long range discussions. Fields thinks the code is functional because there are methods to meet the fire code. It might be an education process for the builders. Wensman stated that this is the new Building Officials feeling as well. Dunn would like to increase the setbacks so there is more room for safety issues. She did not see anything from the fire chief who was concerned about how close they were in the past. Williams would like to see a 10 foot setback on both sides. He doesn’t see the need to increase the lot width. Dunn agrees and would like to see a 10 foot setback on both sides. Fields doesn’t mind changing the setback, but does not want to see the lot width changed. 3 Lake Elmo Planning Commission Minutes; 5-23-16 The Planning Commission would like to see this ordinance run by the City Council for feedback before it is brought back to them. Business Item – Zoning Text Amendment – Discuss the VMX Zoning District Wensman stated that this is somewhat of a housecleaning item. The Comprehensive Plan currently guides the downtown area as VMX. The zoning of those parcels is still general business with the exception of the Arbor Glen parcel which was rezoned to VMX. Staff would like to know if the Planning Commission is interested in rezoning that area to VMX at this time. Wensman stated that VMX is a more liberal code than the general business and allows more flexibility. The Commission discussed the area that would be affected. Williams stated that he thinks this didn’t move forward because they were possibly waiting to see a form based zoning code implemented. Williams would like to see the area rezoned to VMX as a group. Dunn is against rezoning the whole old Village to VMX. She would like to wait, look at he form based code and believes this area is too intense. Wensman stated it is only the parcels that are currently zoned general business. Dunn thinks it is too dense because it is 6-10 units per acre. She feels we have the opportunity to change some of the densities and she thinks the rezones should be done as needed. Kreimer asked if there was any down side of doing it on an as needed basis like was done with Arbor Glen. Wensman gave an example that when people are looking at doing things in the Village, the current zoning is somewhat obsolete and could be construed a little bit like spot zoning. Kathy Weeks, expressed concern that rezoning the whole area to VMX at once might create some non-conformities in the residential areas. Wensman stated that he believes there is already non -conformities in the Village area and that rezoning to VMX will probably reduce the non-conformities as the standards are not as strict. Williams stated that the VMX district has maximum setbacks and is wondering if a building becomes non-conforming because the setback is greater than allowed, would it require a variance to add on. Wensman stated as they look at the form based code, they can work through that. Williams is wondering if the new VMX is adopted would it make any existing businesses non-conforming. Wensman stated he is not aware of any. Lundquist is wondering if VMX is adopted, would they be able to grandfather in existing businesses as being considered conforming. Wensman stated that they could. Williams asked if there were any other categories of business in the Village. Wensman stated that currently the Village is all general business. 4 Lake Elmo Planning Commission Minutes; 5-23-16 Kathy Weeks, 3647 Lake Elmo Ave, said she would like to see the general business carefully compared to the VMX district so that people don’t need variances. She would rather see properties rezoned as projects come forward and would like this looked at carefully. Fields would like to know how this rezone would affect current properties, but does not feel it should be done on a case by case basis. If this is the zone we are plann ing for, we should make the change so people know what opportunities are available. If VMX is not the zoning we are looking for in the Village, we should either make changes to the requirements, or adopt it as a whole. Dunn did not think that the VMX zone would encompass as much area as is shown, but would only be attributed to new parcels to mesh with the old businesses. She feels that a blanket rezoning is just asking for trouble. Larson is wondering if it might be possible to allow for parcels to choose if they want to stay with GB zoning or go with VMX. Wensman stated that any new projects coming in would need to conform with the VMX standards and the comprehensive plan guides it as VMX. Wensman stated that he would like to see the Commission get the VMX district how they want it and then adopt it as whole for the parcels currently zoned GB. Wensman stated that maybe they want to work to incorporate a form based code that can help incorporate new projects to be compatible with the old. Wensman would like to bring back a comparison for what we currently have vs. what the VMX would be. Steve Johnson addressed the Commission regarding a storage building project that he is interested in constructing. There was some discussion regarding how the current code would apply and what he would need to apply for to accomplish his project. Council Updates – May 3, 2016 Meeting 1. Inwood 3rd Addition Developers Agreement – passed. 2. Palmquist Wedding Ceremony Venue IUP – passed. Council Updates – May 17, 2016 Meeting 1. Boulder Ponds 2nd Addition Final Plat – passed. 2. Boulder Ponds 2nd Addition Developers Agreement – passed. 3. Noise Ordinance – On hold. 4. Clarification on Zoning Code Amendement for Rural Districts – City Council clarified motion to repeal some uses in these districts. Staff Updates 1. Upcoming Meetings a. June 13, 2016 5 Lake Elmo Planning Commission Minutes; 5-23-16 b. June 27, 2016 Commission Concerns Williams asked about the revised work plan. Wensman stated that he will update the work plan and send out before the next meeting. Tartan Park has a grading permit and has taken out one road to stop people from going in there. Kreimer would like to see a consistent list of Cities that we use as comparison so it is not picking out ones that we like. Wensman stated that sometimes only certain cities have dealt with a specific issue. Meeting adjourned at 8:44 pm Respectfully submitted, Joan Ziertman Planning Program Assistant PLANNING COMMISSION DATE: 06/13/2016 ITEM #: 4a- PUBLIC HEARING CASE #2016-15 AGENDA ITEM: Auto-Owners Easement Vacation SUBMITTED BY: Emily Becker, City Planner REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: Applicant: Auto-Owners Life Insurance Co. Owner: Auto-Owners Life Insurance Co. Location: Lot 1, Block 1 of HOA 3rd Addition PID # 3302921430014 Request: Vacate easement #1238129 on file with Washington County Applicable Regulations: M.S. 412.851 Auto-Owners recorded easements related to their required water mains and hydrants as requested by the City. After easements were recorded, the City moved the location of the water mains and hydrants, and new easements were recorded. Auto Owners is requesting the old easements be vacated. PROPOSAL DETAILS/ANALYSIS: The only amendment to the originally recorded easement is the location/legal description of the location of the easement. All other terms and conditions remain. Easement vacations require a public hearing. FISCAL IMPACT: There is no fiscal impact as easements exist to accommodate the new locations of the water mains and fire hydrants. PUBLIC COMMENTS: Staff has received a call from the Machine Shed owners, but when the application was explained to them, they had no issues with it. RECOMMENDATION: Based on the foregoing, Staff recommends the Planning Commission hold the public hearing and recommend approval of the requested easement vacation: “Move to recommend approval of a request to vacate the easement as outlined in Exhibit B-2/1238129 Water Main Easement as recorded by Washington County.” Planning Commission Meeting June 13, 2016 Public Hearing Item # 4d Page 2 ATTACHMENTS: 1. Water Main Easement Drawing (Exhibit B-2) 2. Originally Recorded Water Main Easement 1238129 3. Revised Recorded Water Main Easement 1239943 4. Letter of support from AutoOwners ORDER OF BUSINESS: - Introduction ....................................................................................... Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................. Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission ................................ Chair & Commission Members - Action by the Commission....................................... Chair & Commission Members Easement To Be Vacated Easement To Be Vacated Revised Easement Revised Easement PLANNING COMMISSION DATE: JUNE 13, 2016 AGENDA ITEM: 4B – PUBLIC HEARING CASE #2016-16 ITEM: Fence Easement Encroachment Requirement Amendment SUBMITTED BY: Emily Becker, Planner REVIEWED BY: Stephen Wensman, Planning Director Jack Griffin, City Engineer BACKGROUND: Section 205, Subp. (D) (6) of the Zoning Code Fencing Regulations mandates that an easement encroachment agreement must be approved by the City Council, along with a fence permit, for any fence that will be installed within a City easement. This was first added to the Zoning Code in 2011. This process takes up a significant amount of Staff time as Staff must prepare a report, have it reviewed and added to the City Council agenda as a Consent Agenda Item, and discuss the item if it is taken off the Consent Agenda. This is in addition to preparing the Easement Encroachment Agreement, having the owners sign and notarize the document, collect the document after it has been signed by the Mayor and City Clerk, and have it recorded by the County. Not only does this process take a significant amount of Staff time, but it also delays the approval process. The current fee for an easement encroachment is $150.00. This is in addition to the $75.00 for a fence permit, bringing the cost of a permit for a fence to be erected in an easement $225.00. ISSUE BEFORE COMMISSION: The Commission must determine if it is necessary that the City Council approve encroachments in to City easements or if approval from the Planning Director or his/her designee after approval from the City Engineer or his/her designee is sufficient. PROPOSAL DETAILS/ANALYSIS: Staff is proposing that fence easement encroachments be approved administratively. The approval process will be as follows: - Applicant completes fence permit application, which will include a survey that delineates easements. - Application will include the Easement Encroachment Agreement that the applicant will fill out and have notarized if the proposed fence is in a City easement. - Planning and Engineering Staff will review the application and approve or deny based on compliance. - If application is approved, Staff will issue the fence permit and file the Easement Encroachment Agreement with the County. Planning Commission Meeting June 13, 2016 Public Hearing Item #4b Page 2 Staff is also proposing that Council reduce the fee for fence easement encroachments to $50.00 when fees are approved next year. This will cover the cost of recording the easement encroachment agreement with the County. Fence permit application rarely require FISCAL IMPACT: Allowing the Fence Easement Encroachment Agreements to be approved administratively will reduce time Staff spends on processing fence permit applications that require Easement Encroachment Agreements. Additionally, because less time will be spent and because review of the fence permit application in and of itself requires minimal staff time, it is being proposed that the cost of recording a fence easement encroachment be reduced to $50.00 next year to cover the cost of the fee of recording the easement encroachment agreement with the County. RECOMMENDATION: Staff is recommending the Planning Commission recommend approval of allowing Fence Easement Encroachment Agreements to be approved administratively by the Planning Director or his/her designee after review and approval by the City Engineer or his/her designee: “Move to approve an ordinance amendment to Chapter 154: Zoning Code; Section 205: Fencing Regulations; Subp. (D) (6) to allow approval of a fence easement encroachment agreement by the Planning Director or his/her designee after review and approval by the City Engineer or his/her designee.” ATTACHMENTS: 1. Draft Ordinance 08-__ ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-___ SECTION 1. The City Council of the City of Lake Elmo hereby amends Article XV: Land Usage; Chapter 154: Zoning Code; Section 205: Fencing Regulations; Subd. 6: Easement Encroachment of the Lake Elmo Code of Ordinances to read the following: 6. Easement Encroachment. An easement encroachment agreement must be approved by the City Council must be approved by the Planning Director or his/her designee after review and approval from the City Engineer or his/her designee along with a fence permit, for any fence that will be installed within a City easement. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 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. PLANNING COMMISSION DATE: 6/13/2016 ITEM #: 4c-PUBLIC HEARING CASE # 2016-17 AGENDA ITEM: Exempting Fish Houses from requirement that no accessory structure be constructed prior to principal structure on a lot and other amendments to accessory structure ordinance. SUBMITTED BY: Emily Becker, Planner REVIEWED BY: Stephen Wensman, Planning Director SUMMARY AND BACKGROUND: Staff is recommending the Planning Commission hold a public hearing and make a recommendation to the City Council on three changes pertaining to accessory structures. The first amendment pertains to fishhouses. 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. Accessory structures are not allowed to be erected prior to the existence of or issuance of a building permit for a principal structure and variances cannot remedy the situation, so the only remedy is by a text amendment. The second amendment pertains to Section 154.406, Subd. D, an exception provision that allows accessory structures to be located nearer to the front lot line than the principal structure. Staff is recommending the Planning Commission strike out the exception in Section 154.406, Subd. D by Resolution of the City Council. 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. . And the third amendment is an amendment to the definition of “Storage or Tool Shed” in Section 154.213. Staff recommends amending the defined size of the shed from 160 square feet to 200 square feet to align with MN State Building Code. ISSUE BEFORE PLANNING COMMISSION: The Planning Commission should consider the following: Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 2 1) 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. 2) If the language in Section 154.406, Subd. 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. 3) If the definition of “Tool Shed” in Section 154.213, Subd B, should be amended to changing the defined size from 160 square feet to 200 square feet to align with MN State Building Code, and adding Tool shed to the list of structures exempt from the maximum allowed structure size and number requirements in residential districts. PROPOSAL DETAILS/ANALYSIS: 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. The Shoreland Ordinance allows only one water oriented structure per lot. 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 Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 3 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 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. Storage or Tool Shed Definition: This ordinance amendment was an opportunity to fix the definition of “Storage or Tool Shed” to align the square footage in the definition to the square footage threshold in the Building Code where building permits are required. Below 200 square feet, no building permits are required. In addition, the current text allows one Storage or Tool Shed per property in addition to the number of allowed accessory structures, but does not exempt them from the square footage requirements. The text and application of this is confusing and has not been correctly administered by Staff as a result. To remove the confusing language, Storage or Tool Sheds will be added to the structures exempt from the maximum allowed structure size and number requirements in residential districts. Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 4 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. RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing and recommend approval to Ordinance ____ with the following motion: “Move to recommend the City Council approve Ordinance __ pertaining to fishhouses, the exception to 154.406, Subd. D, and the definition of “Storage or Tool Shed.” ATTACHMENTS:  Draft Ordinance Amendment.  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; is not used on land for human habitation; and is not used for boat storage. 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; is not used on land for human habitation; and is not used for boat storage. 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. Storage or Tool Shed. A 1-story accessory building of less than 160200 square feet gross area with a maximum roof height of 12 feet. 2 C. Permit Required. All accessory building and structures require either a certificate of zoning compliance or a building permit as determined by the Minnesota State Building Code. 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 are met: must be located on a lot with direct access to a water body; must maintain a current Fishhouse 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. E. Proximity to Principal Structure. Accessory buildings shall maintain a six (6) foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six (6) feet or less from the principal structure. F. Storage or Tool Sheds. A storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings. F. Exempt Structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts: 1. Unenclosed playhouses 2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in overall height 3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size 4. Outdoor swimming pools 5. Patios 6. Tennis and sport courts 7. Structures, sheds or coops up to a total of two hundred (200) square feet in size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA guidelines and the City’s animal ordinances. 8. Water oriented accessory structures as permitted in accordance with the City’s Shoreland Ordinance. 9. One Storage or Tool Shed per residential lot. 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. 3 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 are met: must be located on a lot with direct access to a water body; must maintain a current Fishhouse 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. G. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. 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. 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: _______________________________ 4 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 3RD STREET 59TH LAKE JANE 38TH 50TH 32ND JACKPINE HILLTOP DEER POND JAMACA HYTRAIL HIDDEN BAY 38TH 59TH IVY LEGION HILLTOP KELVIN 34TH 59TH 11TH IRONWOOD LAKE JANE ISLE JAMACA DEMONTREVILLE TRL 12TH KELVIN LANSING 38TH JANE LEGION INWOOD 3RD STREET HILL DEER POND 36TH JAMACA 33RD STREET HILL LAKE ELMO 10TH DEMONTREVILLE 12TH 59TH KRAFT 32ND LAKE JANE JAMACA LAKE JANE 39TH 42ND LAKE ELMO 31ST LEEWARD JAMLEY JANE JEROME AVE 30TH 55TH LAKE JANE DEMONTREVILLE IRISH JAMLEY HIGHLANDS 38TH HILL IRONWOOD LEGION 36TH JANERO 20TH STREET KELVIN HYTRAIL LAKE JANE IVY JASPER 55TH 55TH 27TH STILLWATER JAMACA HYTRAIL HILLTOP 27TH 53RD HILLTOP 32ND HIGHLANDS HIDDEN BAY JAMACA IRISH KELVIN LAVERNE IRISH ISLE JANE UPPER 33RD 12TH KLONDIKE 55TH JANE JANE JAMACA LAKE JANE HILLTOP STILLWATER LAKE ELMO 53RD 59TH LAKE ELMO 36TH JAMLEY DEMONTREVILLE IVY JAMACA LAKE ELMO LAKE JANE HILLTOP HILL ISLE STILLWATER HILLTOP JEROME HILL 31ST LEEWARD 3RD STREET 35TH LEGION 50TH LAKE JANE JANE 39TH JAMACA 50TH LEGION IRVIN DEER POND 3RD STREET JANERO 24TH STREET 42ND LAKE JANE 53RD IVY JAMLEY DEMONTREVILLE LAMPERT IRISH LEEWARD LEGION DEER POND LAKE ELMO 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 OLSON LAKE 36TH STILLWATER LEGION LN DEMONTREVILLE 24TH 39TH STILLWATER 3RD STREET HILLTOP 38TH JANE HIGHLANDS HILLTOP JANE LISBON ISLE STILLWATER LAMPERT JAMACA BIRCH BARK JAMACA LAKE ELMO LEGION MANNING HIGHLANDS STILLWATER HILLTOP HILL LAKE JANE LAKE ELMO LAKE JANE 42ND 30TH ISLE JANE LAKE ELMO HILL LEGION 12TH IVY 59TH 50TH LISBON JAMACA JEROME HIDDEN BAY JAMACA HIGHLANDS LAKE ELMO STILLWATER LAKE JANE JAMACA HILLTOP 31ST LAKE ELMO LAKE ELMO OLSON LAKE JAMACA STILLWATER 53RD 37TH 42ND 20TH HIGHLANDS HILLTOP HIGHLANDS JAMACA 30THKLONDIKE HILLTOP LAKE JANE 50TH 39TH 31ST 21ST LEGION IRVIN 59TH HILLTOP 27TH LEGION LANE HILL 50TH 24TH STREET 37TH OLSON LAKE 59TH LAKE JANE HIGHLANDS JANE 12TH 31ST JANE JANE STILLWATER 3RD STREET JEROME 3RD STREET LEGION JAMACA LAKE ELMO 59TH JANERO 35TH HILL 32ND LAKE ELMO JANE JAMACA JAMACA KLONDIKE LAKE ELMO HIDDEN BAY DEMONTREVILLE TRL HIDDEN BAY LEGION LAVERNE 59TH 35TH JANE JEROME AVE JANE 3RD STREET LAYTON JAMACA HILL LAVERNE LAKE JANE IDEAL INWOOD LAKE ELMO LAKE JANE LEGION 31ST DEMONTREVILLE JAMLEY HILL 31ST STILLWATER LAKE JANE JAMACA DEMONTREVILLE TRL HIGHLANDS 39TH HIDDEN BAY 42ND 53RD 38TH JANE KLONDIKE JANE JANE HILL LAKE ELMO 20TH 38TH 27TH LAKE ELMO 31ST OLSON LAKE JANE LAKE ELMO JANE LAKE ELMO HILL 12TH 38TH 35TH 27TH STREET IRVIN JANE LAKE ELMO ISLE MANNING JEROME HIGHLANDS DEMONTREVILLE JEROME JAMACA 34TH HYTRAIL IVY 59TH 30TH IRVIN LEGION 55TH JANE LEGION JANE 24TH HILLTOP DEMONTREVILLE 24TH STREET 27TH 38TH HILL 37TH JAMACA LAYTON BIRCH BARK 11TH LAKE ELMO 32ND HIGHLANDS 33RD LAKE ELMO LAKE JANE 31ST 53RD 20TH STREET 53RD 50TH STILLWATER JANE JAMACA LAKE ELMO 37TH LEGION JAMACA LAKE JANE HYTRAIL 34TH 32ND IRVIN DEER POND JAMACA LAKE ELMO LISBON DEMONTREVILLE ISLE 30TH DEER POND LAMPERT LAKE JANE LAKE JANE 50TH 42ND 33RD JEROME AVE LAKE ELMO DEER POND ISLE LAKE ELMO STILLWATER JANE 53RD JAMACA HILL DEER POND 53RD 28TH JANE 32ND JANE IRVIN LAKE ELMO JAMACA LEEWARD 21ST IVY 39TH KELVIN ISLE LAKE ELMO HILL HIGHLANDS LANSING LAKE ELMO LAKE JANE LEGION LEGION IRVIN DEMONTREVILLE 32ND HYTRAIL LAKE ELMO DEER POND LAYTON HILLTOP DEMONTREVILLE JACKPINE 3RD STREET HIDDEN BAY HIDDEN BAY 20TH JAMACA ISLE IDEAL HIDDEN BAY 21ST 28TH LEGION STILLWATER JACKPINE 12TH DEER POND HYTRAIL ISLE LAKE JANE JEROME AVE LAYTON 31ST LISBON INNSDALE LAKE ELMO 39TH JASPER HILL LEGIONLEGION LAKE ELMO HILLTOP 36TH 59TH LEGION JAMACA 59TH 39TH HILL LEEWARD LAKE ELMO LEGION 35TH DEER POND HIGHLANDS IRISH 39TH HILLTOP LEGION 27TH STREET 42ND LEGION BIRCH BARK JAMLEY JAMACA LEGION 39TH 42ND ISLE 38TH BIRCH BARK STILLWATER 20TH STREET HILLTOP DEMONTREVILLE TRL JANE LEGION HIDDEN BAY 31ST IRISH LEGION LAKE ELMO IRONWOOD IRVIN 31ST OLSON LAKE HILL IRONWOOD LEGION HILL TRL 59TH LEGION 31ST 50TH JAMACA 59TH HILLTOP OLSON LAKE IRVIN HIGHLANDS 21ST JAMACA JANE IRVIN JAMACA HILL MANNING 10TH STREET 30TH HIGHLANDS 11TH DEER POND JANE INNSDALE JAMLEY JAMACA DEMONTREVILLE TRL 55TH 28TH LAKE ELMO STILLWATER JAMACA 32ND 55TH KELVIN JAMACA 59TH DEMONTREVILLE 3RD STREET HILL HIGHLANDS 27TH 55TH 27TH STREET LAVERNE 24TH 59TH 38TH HILL JAMACA LAKE ELMO HIGHLANDS 59TH LAKE ELMO HILLTOP HILL LAKE JANE 30TH HILL 42ND OLSON LAKE HYTRAIL HILL LAVERNE 38TH OLSON LAKE IRVIN HIGHLANDS HIDDEN BAY WINDBREAK DEMONTREVILLE 59TH 38TH 31ST HILLTOP 11TH LAKE ELMO JACKPINE LAKE ELMO 24TH HIGHLANDS JANE LAKE JANE BIRCH BARK KELVIN HILL 3RD STREET JANE LEGION 20TH LEGION LAVERNE 42ND LEGION 42ND IRISH STILLWATER 31ST HIDDEN BAY 38TH 27TH DEER POND LANSING LAKE ELMO HILLTOP LAKE ELMO BIRCH BARK 42ND 37TH 37TH 50TH 42ND STILLWATER 24TH LAKE JANE STILLWATER 11TH 27TH IRONWOOD LAKE ELMO BIRCH BARK 27TH DEMONTREVILLE HILL JAMLEY JASPER JAMACA HIGHLANDS JEROME LAYTON 27TH 38TH STILLWATER JEROME AVE OLSON LAKE HIDDEN BAY LAKE ELMO DEER POND 28TH HILL LEGION LEGION LAKE JANE 53RD LAYTON 27TH LEGION 24TH STREET STILLWATER LAKE JANE LAKE JANE 12TH 21ST LEGION 59TH LAKE JANE LAKE ELMO LAVERNE 59TH JAMACA LEGION LAKE JANE 10TH STREET 27TH 24TH 42ND IRONWOOD JANE 37TH LEEWARD HYTRAIL 12TH LEGION DEER POND JAMACA LEGION 10TH STREET HILLTOP STILLWATER STILLWATER 3RD STREET DEMONTREVILLE HIGHLANDS 30TH HIDDEN BAY 21ST ISLE DEMONTREVILLE KELVIN 53RD JEROME AVE 32ND HIGHLANDS 20TH HILLTOP 35TH 39TH 55TH DEER POND HIGHLANDS ISLE 32ND 12TH LAKE JANE 59TH IRVIN KLONDIKE HIDDEN BAY 36TH LAKE ELMO LAKE JANE JANE 35TH DEMONTREVILLE HILLTOP 12TH JANE 36TH HIGHLANDS DEER POND HIDDEN BAY HIGHLANDS IRISH ISLE HIGHLANDS LAKE JANE LAKE JANE 50TH STILLWATER JAMACA LAKE ELMO HYTRAIL LANSING OLSON LAKE LAKE JANE 30TH 27TH LISBON JANE JAMACA 3RD STREET HILLTOP LEGION 39TH 53RD LAKE JANE JANE LAYTON 27TH JAMACA 27TH STREET LEGION LANE 32ND 32ND LEGION 3RD STREET INNSDALE LAKE JANE 12TH 31ST JAMACA 32ND LAKE JANE LAMPERT MANNING HILL HIGHLANDS 28TH 50TH HIGHLANDS IVY 55TH JAMLEY ISLE 38TH LAKE ELMO JAMACA 42ND HIGHLANDS JANE STILLWATER HIDDEN BAY KLONDIKE LAKE JANE 33RD HILL JAMACA KRAFT LAKE ELMO HILL DEER POND KLONDIKE JAMLEY ISLE HILL INWOOD JANE HILL HILL LEGION OLSON LAKE HILL 36TH 32ND JAMACA LEEWARD HIDDEN BAY HILL LAVERNE 32ND ISLE LEEWARD 33RD STREET 10TH JEROME HILL 10TH STREET LAKE ELMO 27TH JAMLEY 36TH 30TH LAKE JANE OLSON LAKE LAKE JANE 3RD STREET LEGION LN 42ND JAMACA LISBON LEGION 35TH LAKE JANE 39TH JEROME JANE 55TH 42ND JANE 59TH 53RD LAYTON JANE JAMACA LANSING JANE HIGHLANDS KELVIN OLSON LAKE 55TH DEMONTREVILLE LAYTON 59TH 31ST HILL 31ST LAKE JANE HYTRAIL LEGION IVY IRONWOOD JAMACA DEMONTREVILLE IRONWOOD 31ST KRAFT 31ST DEER POND HYTRAIL JEROME HILL JAMACA OLSON LAKE JANE LAKE JANE JANE LAKE JANE LAKE ELMO LAKE ELMO MANNING IRONWOOD WINDBREAK DEMONTREVILLE JANE 49TH LAKE ELMO JASPER LAKE JANE OLSON LAKE MANNING 12TH IRISH HILL TRL LAVERNE JAMACA 38TH 20TH KELVIN HYTRAIL LAKE ELMO KLONDIKE LAKE ELMO 32ND LEGION LAKE ELMO JAMLEY BIRCH BARK LAKE ELMO LAKE ELMO LAYTON 31ST JASPER IRVIN JANE 27TH JAMACA LEGION 42ND 20TH LAKE ELMO JANE HILLTOP LAYTON HIDDEN BAY JAMACA 12TH JANE HIDDEN BAY KRAFT ISLE 39TH ISLE HYTRAIL LAKE JANE LAVERNE LAKE JANE 50TH DEMONTREVILLE TRL 3RD STREET STILLWATER 50TH LAKE JANE HIGHLANDS 59TH HIDDEN BAY HIGHLANDS JAMACA 37TH HILL INNSDALE 39TH HIGHLANDS ISLE 53RD IRONWOOD 35TH 55TH IRISH JEROME JAMACA LAKE ELMO HIDDEN BAY IDEAL 38TH JAMLEY HIDDEN BAY 34TH 27TH STREET KRAFT 32ND LAKE ELMO IRONWOOD LAKE JANE LAKE ELMOLAKE ELMO 31ST LEGION LAYTON DEER POND LAMPERT 32ND LAKE JANE 34TH STILLWATER LAKE ELMO DEER POND LAKE ELMO JAMACA LAKE ELMO IRONWOOD LAVERNE LAKE ELMO LANGLY STILLWATER DEMONTREVILLE JANE HIDDEN BAY BIRCH BARK DEER POND 34TH LAVERNE LAKE JANE JEROME LAYTON STILLWATER LAVERNE IRONWOOD 37TH IRONWOOD HILL LAKE ELMO IRONWOOD HILL LAKE ELMO JACKPINE JAMACA LAKE ELMO HIDDEN BAY LEGION 37TH 32ND DEMONTREVILLE HIDDEN BAY HIDDEN BAY DEER POND HIDDEN BAY DEMONTREVILLE TRL 37TH HIDDEN BAY JAMACA UPPER 33RD INWOOD LAKE JANE DEMONTREVILLE 27TH 32ND LAKE JANE LAKE JANE DEMONTREVILLE LAKE JANE LAKE ELMO KRAFT LAKE ELMO LISBON DEMONTREVILLE OLSON LAKE 31ST JAMLEY HIDDEN BAY 32ND32ND 28TH HIGHLANDS HIGHLANDS HIDDEN BAY LAKE ELMO JAMACA 27TH JAMLEY HIDDEN BAY LEGION JACKPINE LAYTON IRONWOOD 31ST INWOOD HIGHLANDS HIGHLANDS KRAFT 33RD STREET DEER POND LEGION CHERRYWOOD DEMONTREVILLE UPPER 33RD LAVERNE IRONWOOD JAMACA HIDDEN BAY JANE 27TH LAYTON JAMACA HILL LAYTON JACKPINE 50TH 3RD STREET 31ST 32ND HILLTOP 27TH STREET LAVERNE OLSON LAKE OLSON LAKE HIDDEN BAY 30TH 27TH STREET LAVERNE JAMLEY 37TH JAMLEY JANE LAKE JANE HYTRAIL STILLWATER 24TH STREET 27TH STREET 31ST 30TH IRONWOOD BIRCH BARKOLSON LAKE 31ST LAKE ELMO LAKE ELMO HIDDEN BAY LAKE ELMO HIGHLANDS LAKE JANE STILLWATER STILLWATER JANERO 27TH STREET LAYTON 50TH HIGHLANDS DEMONTREVILLE JANE DEMONTREVILLE 32ND OLSON LAKE JANE LAVERNE HIDDEN BAY JANE LEGION LAKE ELMO LAKE JANE HIDDEN BAY BIRCH BARK JAMACA JAMACAJAMACA 39TH LAKE ELMO 50TH HILLTOP IRONWOOD HIGHLANDS LAKE JANE LAKE JANE 33RD WINDBREAK HIDDEN BAY LAKE JANE 32ND DEMONTREVILLE TRL DEER POND DEER POND IRISH LAVERNE 35TH LAKE JANE 32ND LAKE ELMO LAKE ELMO HILLTOP 20TH STREET HILLTOP DEER POND 27TH JACKPINE STILLWATER 42ND 27TH JANE KRAFT 32ND HILL DEMONTREVILLE 37TH LAKE JANE CHERRYWOOD 28TH LEGION DEMONTREVILLE HILLTOP STILLWATER 31ST LAKE JANE HIGHLANDS 32ND INWOOD OLSON LAKE HIDDEN BAY IRONWOOD 30TH 32ND 50TH LAVERNE LAVERNE IRONWOOD LAKE ELMO WINDBREAK 10TH STREET LAKE JANE 24TH HIDDEN BAY LAKE ELMO 32ND HIDDEN BAY JACKPINE LAKE ELMO DEMONTREVILLE TRL LAYTON DEER POND DEER POND LEGION LANE OLSON LAKE 50TH DEER POND 50TH BIRCH BARK HIDDEN BAY IRONWOOD LAKE ELMO LAKE JANE 31ST LAMPERT LEGION LAKE ELMO CHERRYWOOD 30TH OLSON LAKE 32ND 33RD STREET LAKE ELMO LAMPERT 27TH STREET STILLWATER DEMONTREVILLE JAMACA LAKE JANE LAKE JANE 3RD STREET LAYTON STILLWATER IRONWOOD LAKE JANE HIDDEN BAY DEMONTREVILLE IRONWOOD HIDDEN BAY LAKE JANE 31ST HIGHLANDS LAKE JANE HIDDEN BAY 28TH DEER POND 32ND 33RD HILL LEGION LANGLY 32ND DEMONTREVILLE LAKE ELMO STILLWATER OLSON LAKE HIDDEN BAY LAVERNE LAMPERT IRONWOOD LAKE JANE HIDDEN BAY 30TH LAYTON DEMONTREVILLE 30TH LEGION DEMONTREVILLE KRAFT LEGION Rural Single Family Lots - No Principal Structure E Legend RS Parcels No Principal Structure acres 0.001931 - 0.500000 0.500001 - 1.000000 1.000001 - 1.500000 1.500001 - 17.956307 All Rural Single Family (RS) Parcels SurroundingParcels Source: Washington County 5/9/2016 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. 1 PLANNING COMMISSION DATE: 6/13/16 AGENDA ITEM: 4D – PUBLIC HEARING CASE # 2016-19 ITEM: Comprehensive Plan Text Amendment to Rural Single Family Land Use Designation SUBMITTED BY: Stephen Wensman, Planning Director REVIEWED BY: Emily Becker, City Planner Lisa Barajas, Metropolitan Council SUMMARY AND ACTION REQUESTED: The Planning Commission is requested to review a Comprehensive Plan Text Amendment to bring the planned official land use plan category, Rural Single Family, into compliance with the Comprehensive Plan’s Wastewater Facilities Plan as recently amended. Staff is recommending the Planning Commission recommend approval of the Comprehensive Plan Text Amendment. GENERAL INFORMATION Applicant: City of Lake Elmo Location: Areas guided as Rural Single Family Request: A Comprehensive Plan Text Amendment to bring the planned official land use plan category, Rural Single Family, into compliance with the Comprehensive Plan’s Wastewater Facilities Plan as recently amended. History: On 4/19/16, the City Council approved an amendment to the Village MUSA to add three properties. The Metropolitan Council requested that the Rural Single Family land use designation be amended to be in compliance with areas guided for sewer. REQUEST DETAILS: The Lake Elmo City Council, on April 19, 2016, approved a Comprehensive Plan Text Amendment to the City’s Wastewater Facilities Plan by adding three properties to the Village MUSA. The Metropolitan Council, upon reviewing the amendment, requested that the Rural Single Family land use designation be amended to be in compliance with areas guided for sewer. Presently, there are two areas where properties guided for Rural Single Family are within a MUSA area; the Old Village and in the Tri-Lakes area near Oakdale. Planning Commission Meeting June 13, 2016 Public Hearing Item 4d-Action Item 2 The current Rural Single Family planned land use category reads: RURAL SINGLE FAMILY – This category defines a large portion of the City that was historically platted for conventional subdivision prior to 2005, but has been and will continue to be serviced by private on-site well and septic systems. Limited locations within this classification are allowed to have two-family dwellings based on zoning. [Corresponding Zoning District(s): R- 1, R-2] The category as defined is served by private on-site well and septic systems. In addition, the definition references zoning districts that are no longer in existence. The corresponding zoning district is RS - Rural Single Family. The proposed definition will allow on-site well and septic systems, unless the City Council considers connection to the sanitary sewer practicable. The corresponding zoning district is RS - Rural Single Family. The proposed Rural Single Family planned land use category reads (inserted text is underlined): RURAL SINGLE FAMILY – This category defines a large portion of the City that was historically platted for conventional subdivision prior to 2005, but has been and will continue to be serviced by private on-site well and septic systems unless within a Metropolitan Urban Service Area (MUSA). If within a MUSA, the City Council may consider connection to the sanitary sewer system where practical. Limited locations within this classification are allowed to have two- family dwellings based on zoning. [Corresponding Zoning District(s): RS – Rural Single Family] ANALYSIS: The RS-Zoning District as defined in City Code Section 154.400, D. reads: RS Rural Single Family District. The RS District is established for lands that have already been platted as conventional residential subdivisions prior to the 2005 adoption of the Comprehensive Land Use Plan. This district provides an environment of predominantly single-family detached dwellings on moderately sized lots in areas that have typically not been provided with public sanitary sewer services. Staff believes the definition of RS - Rural Single Family suggests on-site septic systems, but does not preclude them from connecting to public sewer. No change to the RS Rural Single Family definition is needed and the proposed Comprehensive Plan Text Amendment will bring the Land Use Plan in compliance with the Wastewater Facilities Plan without changing existing densities, setbacks, etc. DRAFT FINDINGS: The City Code does not require specific findings for comprehensive plan amendments, however, Staff is suggesting the following findings in support of the amendment: 1. The comprehensive plan text amendment will bring the Lake Elmo Comprehensive Land Use Plan into conformity with the Comprehensive Wastewater Facilities Plan. 2. The comprehensive plan text amendment will not affect underlying density or zoning code regulations. Planning Commission Meeting June 13, 2016 Public Hearing Item 4d-Action Item 3 3. The Metropolitan Council has administratively reviewed the amendment, has no objection, and had waived adjacent jurisdictional review. RECOMMENDATION: Staff is recommending the Planning Commission recommend approval of the Comprehensive Plan Text Amendment with the following motion: “Move to recommend the City Council approve the comprehensive plan text amendment to amend the planned land use category in the Comprehensive Land Use Plan to read: RURAL SINGLE FAMILY – This category defines a large portion of the City that was historically platted for conventional subdivision prior to 2005, but has been and will continue to be serviced by private on-site well and septic systems unless within a Metropolitan Urban Service Area (MUSA). If within a MUSA, the City Council may consider connection to the sanitary sewer system where practical. Limited locations within this classification are allowed to have two- family dwellings based on zoning. [Corresponding Zoning District(s): RS – Rural Single Family] ATTACHMENTS:  None ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members