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HomeMy WebLinkAboutPZ Packet; 01-23-17 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 January 23, 2017 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. January 6, 2017 4. Public Hearings a. None 5. Business Items a. VILLAGE PARKWAY – VMX ZONING DISCUSSION – The Planning Director will make presentation for Commission discussion about the Village Parkway VMX Zoning. b. VILLAGE LDR/MDR DISCUSSION – The Planning Commission will discuss proposed new Village LDR/MDR Zoning District regulations. c. ZONING TEXT AMENDMENT: A request by HC Golf Course Development, LLC for a zoning text amendment, creating a Golf Course Community Zoning District. 6. Updates a. City Council Updates – January 17, 2017 i. Royal Golf Environmental Assessment Worksheet (EAW) – Adopted a negative declaration for the need for an EIS. ii. Royal Golf Comp Plan Amendment – Passed. b. Staff Updates i. Upcoming Meetings:  February 13, 2017  February 27, 2017 c. Commission Concerns 7. Adjourn ***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations. Lake Elmo Planning Commission Minutes; 1-9-17 City of Lake Elmo Planning Commission Meeting Minutes of January 9, 2017 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Kreimer, Griffin, Dodson, Williams, Larson, and Lundquist COMMISSIONERS ABSENT: Haggard, Fields and Dorschner STAFF PRESENT: Planning Director Wensman, City Planner Becker & City Administrator Handt Approve Agenda: M/S/P: Dodson/Lundquist, move to approve the agenda as amended, Vote: 6-0, motion carried. Election of Officers: M/S/P: Williams/Dodson, move to elect Tom Kreimer for Chair, Vote: 6-0, motion carried unanimously. M/S/P: Lundquist/Griffin, move to elect Todd Williams for Vice Chair, Vote: 6-0, motion carried unanimously. M/S/P: Dodson/Griffin, move to elect Rolf Larson for Secretary, Vote: 6-0, motion carried unanimously. Approve Minutes: December 12, 2016 M/S/P: Williams/Griffin, move to approve the December 12, 2016 minutes as presented, Vote: 6-0, motion carried unanimously. Public Hearing – Zoning Map Amendment and Minor Subdivision– rezone the property at 3880 Laverne Ave Becker started her presentation regarding the Zoning Map Amendment and Minor Subdivision. The Zoning Map amendment is requested to rezone from GB to VMX. This land is guided for VMX in the Comprehensive Plan, which has not minimum lot size for non-residential. The subdivision will create three separate parcels. 2 Lake Elmo Planning Commission Minutes; 1-9-17 This property does qualify for an exception to platting as it is not creating more than four parcels. There is a cash contribution for park land dedication of $5,220 required. GB requires 1.5 acres per parcel, so if this is not rezoned, those 2 lots cannot be created. Some engineering comments are that they are recommending a combined driveway access for Parcel A & B. There is also a need for a number of easements. There were more engineering comments regarding sewer & water and stormwater. The zoning map amendment is consistent with the Comprehensive plan. Staff is recommending 13 conditions of approval. Dodson asked if the City Engineer considered access of parcel B to Laverne Ave. Becker stated that the City Engineer did not look at that. The condition could be changed to state reviewed by the City Engineer. Williams is wondering why the condition doesn’t require shared parking vs. just encouraging it. Becker stated that there might be circumstances where that might not work. Tim Freeman, represents Zignego, the idea of sharing parking is something that they are interested in. He talked about suburban type zero setbacks for the VMX district. He thinks making a condition of approval for the building setback and combined parking, limits things for this approval and could be dealt with when a project comes forward. Freeman feels that the parkland dedication has already been paid for this area by the acre. He feels replatting this property does not add any acreage, it just further subdivides it. Instead of having that be a condition of approval, he would like to see something like this will be reviewed a little further with the City Attorney. Dodson asked the developer what the motivation of subdividing the lots is vs. just adding buildings to the existing lot. Freeman stated that the new lots would most likely have different ownership. Dodson stated that when property subdivides, Parkland dedication is paid. Freeman stated that the fee was already paid on all of the acreage. Wensman stated that the City Attorney has already reviewed this. There was debate about collecting it on 2 lots or 3. The discovery of the previously paid fee, limited it just to the 2 newly created lots. The City Attorney is the one that recommended it as a condition of approval. Public Hearing opened at 7:30 pm No one spoke and there were no written comments Public Hearing closed at 7:31 pm 3 Lake Elmo Planning Commission Minutes; 1-9-17 Williams agrees that there is a conflict of the VMX zoning and the required utility easement. This area needs to be looked at for if it should be a parkway or something else. He is interested in removing number 7 as a condition of this project approval. Wensman would recommend changing the wording of condition #8 to read if there is an access to 39th street, that it be a shared driveway. Williams is wondering if it would be better to say that there will be only one access permitted to 39th Street for those 2 lots. Williams would like condition 9 to state that the City will work with the owners of Brookfield II building to analyze parking needs with the possibility of shared parking with Brookfield II building and submit their findings to the City within 60 days of approval. Wensman stated that there are no building plans yet and they should be required to submit that with the site plan review. Dodson’s concern is that the building plans will not come at the same time. Williams is wondering if something should be included in the findings that it would be desirable for the existing Brookfield parking to be shared with the new development. That way it is not a condition of approval, but makes it should desirable. M/S/P: Dodson/Williams, move to recommend approval of the zoning Map amendment to rezone the property located at 3880 Laverne Ave to Village Mixed Use, Vote: 6-0, motion carried unanimously. M/S/P: Dodson/Lundquist, move to recommend approval of the Minor Subdivision request for the property located at 3880 Laverne Ave, subject to the 11 outlined conditions of approval as amended and based on the amended findings, Vote:6-0, motion carried unanimously. Public Hearing – Comprehensive Plan Amendment – to create a new land use designation called “Golf Course Community” with updated maps and figures Wensman started his presentation regarding the Comprehensive plan amendment for the former Tartan Park property. There would be 5 changes to the comprehensive land use plan. 1) A new land use category called “Golf Course Community” 2) updated density of 1.5-2.49 3) updated planned land use map 4) “Preservation of Community Amenities” will be added which describes the need for “Golf Course Community” land use 5) updated map to reflect the changes to the MUSA. The City has broad discretion when reguiding property. The Golf Course Community specifically ties the residential development to the golf course and cannot be redeveloped if the golf course is eliminated. The Royal Golf development will be a PUD and if an amendment was requested to eliminate the golf course, it would be inconsistent with the Comprehensive Plan and would be denied. 4 Lake Elmo Planning Commission Minutes; 1-9-17 There are 4 changes to the Comprehensive wastewater management plan 1) reference made to the Golf Course Community on former Tartan Park property 2) Community Forecast for areas served by regional sewer service (REC Units) was updated to reflect the addition of Royal Golf development 3) Table 6B updated to reflect the increased sewer flows by the addition of Royal Golf Course Development 4) Maps were updated to reflect changes in the MUSA to accommodate the Royal Golf development. Staff is recommending not guiding the Emerson property to Golf Course Community at this time because 1) net density is .46 if platted alone, less than 1.5 min 2) if platted with Royal Golf, net density would be 1.43, brings the average d.u.a. to lower than 1.5 3) not ready to plat at this time 4) Brings MUSA average from 3.7 with RG to 3.3 d.u.a. A letter was received from the Homestead Homeowners Assoc which asked for less density and greater buffers. An email was received from Mike Tate giving support for the Golf Course Community. Dodson stated that he is still concerned about the road access to 10 th Street. Wensman stated that he is under the impression that there is an agreement with Mr. Emerson for the road access. Williams stated that on page III-13, the changes in blue do not incorporate the changes that the Planning Commission recommended at their meeting on December 12, 2016. He is wondering if this property was developed as an OP development, could the Golf Course be included as the open space. Wensman stated that would be a possibility, but there would be no urban services. The Shoreland ordinance requires urban services, so there is a conflict in the codes. Clark Schroeder, Royal Golf, stated that the road going through the Emerson property is an absolute according to the City Engineer for Cul-de-Sac length and for the gravity system going through there. The city will own a lift station on the Emerson property with an easement through that property. Public Hearing opened at 8:06 pm Terry Emerson, 2204 Legion Lane Circle N, he is not interested in being with the Golf Course Community, but he would like to see the MUSA line include his property because he believes the sewer should be along the lake and that is what the Shoreland Ordinance calls for. He doesn’t see any ordinance that his property would fit under. Emerson stated that this is a 28 acre piece of property and he is looking to put in about 13 lots with sewer and water. 5 Lake Elmo Planning Commission Minutes; 1-9-17 Philip Simonet, 11125 14th Street, he feels the density is way too high and is inconsistent with the mission statement of Lake Elmo. He would like to see some restrictive covenants for the golf course not being redeveloped. He feels that the setbacks should be much more substantial. Shelli Wilk, 11253 14th Street, she is pleased that the City is looking at Golf Course Community instead of the Village Transition. However, she has a petition signed by over 160 residents asking for Rural Area Development on this property. This is more in line with what is in the current Comprehensive Plan. She would like to see lower densities to protect the natural resources in this area which is more in line with the DNR recommendations. Ann Bucheck, 2301 Legion Ave, she feels that this comprehensive plan is tailored to one property and might even be considered spot zoning. She doesn’t believe that Tartan Park is a City Amenity, but was a private amenity. She also feels that there should be a conservation easement on the open space. The city decided that the sewer would be kept south of 10th Street and in the Village Area. What has changed? Why are we giving up the low density that was supposed to be north of 10th Street? She feels that this property could easily be developed in an OP development. The Shoreland Ordinance does not require that a development be sewered. Michael Zwiefel, 2055 Manning, the developer purchased this property as a golf course. There was no guarantee that anything else would be allowed there when the property was purchased. If the City is going to accommodate residential, he is still confused on why anything other than what is around the rest of the area would be allowed. Stacey Stoffregen, 2390 Legion Lane, she is concerned about the safety of 20th Street for biking and pedestrians. It is already congested and will get increasingly so with additional housing. Tim Mandel, 2479 Lisbon Ave, he feels that when comprehensive Plan changes are made, it affects a lot of people. He feels that it is an important document that should not change frequently. This Golf Course will be doing a lot of things such as the fitness center to make money. These are all things that people have to get to, which will create a lot of traffic. Public Hearing closed at 8:30 pm Williams is concerned that there is no significant guarantee that the golf course will remain. He is concerned that double the houses could be put in. The DNR and PCA consider community septic as legitimate public sewer. He is interested in having this OP density served with a community septic with the golf course being in a conservation easement. 6 Lake Elmo Planning Commission Minutes; 1-9-17 Wensman stated that the DNR states that municipal sewer is required if available. Our ordinance currently requires it. That ordinance is under discussion later on this agenda. Lundquist stated that she feels it should be sewered because of the Shoreland. Her concern is to ensure the open space. She is also concerned about the setback. She feels it should be much greater. She is concerned about 20th Street. It is already unsafe and with more traffic, it will be even worse. Dodson is concerned about preserving the golf course for open space. His concern with using the open space ordinance is that it cannot have municipal sewer. He is not a fan of community septic. He is also concerned that if the Emerson property is not included in the MUSA tonight, he will have a difficult time getting it put in at a future date. Wensman stated that if we went down to a minimum density of .46, this would bring us below the 3.00 required by the Met Council and this Comprehensive Plan would not be approved. Williams stated that we do not need more sewered development to meet Met Council guidelines. Until 2011, it was not public and was not an asset of the City and we need to stop referring to it as something that needs to be preserved. M/S/W: Williams/Dodson, move to postpone consideration of the Comprehensive Plan Amendment until we receive an analysis of the West metro golf course case from the City Attorney, Motion was withdrawn. Larson wants people to recognize that this is a good development. There are some negatives, that have room for discussion, but this is a very unique and historic golf course. Administrator Handt stated that she did receive a memo from the City Attorney today. The court concluded that the deciding factor was whether th e denial of the Comprehensive Plan Amendment leaves the property owner with any reasonable use. If there is a less dense development that is economically viable, the court could make a different decision. Williams is still concerned that once this property develops with the golf course, at some future date when the golf course is no longer viable, a developer will come forward to redevelop the golf course and the City will have no alternative but to allow housing there as a park or open space at that tim e is not a reasonable use. The only way to protect against that is to put it in a conservation easement. Lundquist asked how much of the land is required to remain open with the Shoreland Ordinance. Wensman stated that a minimum of 50% of the Shorela nd area needs to remain open. Most of the golf course is not in Shoreland. Kreimer asked about developments on golf courses in other communities. He is wondering if when people buy these homes if they are just risking that it will always 7 Lake Elmo Planning Commission Minutes; 1-9-17 remain a golf course. Williams stated that the significant thing here is that the City is extending sewer and having more density. Sheila Smith, 2121 Legion Lane, residents that surround the golf course are already in this situation. They bought their homes believing that Tartan Park would always be there and they are finding out that is not the case. She is concerned about the density with or without the future of the golf course. If the golf course fails, it will be even more dense. Clark Schroeder, Royal Golf Course, if you have a private golf course, everyone in the development would own part of the golf course and it would be run by the HOA and there are requirements for all of the homeowners. They do not feel that is a viable business model. They feel that for the golf course to be successful, it would need to be debt free and they need the density they are proposing for that to happen. Williams would like something put in where it talks about the preservation of the golf course that it state some kind of a period of time. They had previously talked about a 25 year guarantee. Wensman stated that it seems unenforceable. Williams stated that they could put it in and the City Council could take it out after talking to the city attorney. Dodson stated that he would strike that whole sentence. M/S/P: Williams /Dodson, move to recommend adding to page III-3 one expansive open space that does not share the same certainty of continuance , Vote: 6-0, motion carried unanimously. M/S/P: Williams /Lundquist, move to make the following changes: change the words “destination within the community” to an “expansive open space” that is worth saving if at all possible. At the end of the paragraph, delete “amenity rather than develop the land as a standard OP rural development”, Vote: 6-0, motion carried unanimously. Kreimer asked if these additional 292 units can be used to reduce the number of required units south of 10th or in the Village Area. Wensman stated that anything that is already in the MUSA has to remain at a minimum of 3. We need to stay pretty much at what we already have to meet the 3 tiers of the Comprehensive plan such as affordability in the Comprehensive Plan. Williams stated that there is a practical limit to what we can lower the density to. He doesn’t think that they can go any lower if they want to have sewer there. Dodson stated that alternate uses for that property could be an open space development or rural residential or residential estates. Dodson is leaning towards residential estates vs. golf course community because there is too much uncertainty around the golf course. Williams asked Dodson for clarification if he would rather have this property rezoned residential estates rather than having a golf course. Dodson stated that he would. Williams stated that we don’t need a golf course in Lake Elmo as there are many golf 8 Lake Elmo Planning Commission Minutes; 1-9-17 courses within driving distance. Williams likes the idea of residential estates. Lundquist stated that this property was sold by one private property to another. Her concern is that the City needs to be accountable for protecting the Community and upholding our standards, but also recognizing the rights of the property owner. She is uncomfortable with the conversation of rezoning it to residential estates. Williams stated that at the Comprehensive Plan level, they would be talking about zoning it as rural development which would include AG, RR and RE. The City has the most discretion at the Comprehensive Plan level as long as it is a reasonable use of the land. Handt stated that she would encourage them to either approve this or deny this tonight. The whole reason that this is back is that what is talked about needs to be advertised. They do not have to go into the details of if they do not do the golf course community, what would they like it to be at this time. They can either approve this Comprehensive Plan Amendment, or start developing findings for denial. Kreimer asked if the City Council asked them to start developing standards for the Golf Course Community. Handt stated that they did. There was interest from the Council in the Golf Course Community and the Council asked that the Public Hearing be held to talk about it. Williams stated that he was told by at least one member of the City Council to be sure and tell the City Council what the Planning Commission wants, not what they think the City Council wants. Wensman stated that if the Planning Commission wants to go with a different land use designation, they would have to deny this application. The City would then have to advertise and hold a public hearing for a different land use designation. Dodson stated that he takes into consideration private property rights of one property and weighs it against the property rights of the surrounding neighbors. Those 2 are sometimes in conflict with one another. M/S/: Williams/Dodson, move to recommend denial of the comprehensive plan amendment proposal to create a new land use designation called “Golf Course Community” with the following findings 1) we do not need any more sewered units 2) the current Comprehensive Plan reflects the overwhelming desire of Lake Elmo residents to limit residential growth and sewered growth 3) one of Lake Elmo’s core values is to preserve rural character 4) sewered development north of 10 th street does not preserve the rural character 5) there is a significant but unknown level of risk that the golf course would be redeveloped into more housing in the future 6) there are a significant amount of Lake Elmo residents that live in the area that object to the project based on density that would come with the sewer, Vote: 3-3, motion did not pass, with Lundquist, Larson and Kreimer voting against. Kreimer is not in favor of denying the proposal. He feels this development has a lot to offer and that the developer has done a lot to make this a very nice development. He is 9 Lake Elmo Planning Commission Minutes; 1-9-17 concerned about what else this could be if this is denied. Larson agrees that it would be unfortunate if they let this development go. He doesn’t think anything this good will come forward in the future. Williams asked Kreimer for clarification of what he thinks the good aspects of the development are. Kreimer stated that he thinks the types of houses vs the types of houses in some of the other developments we have are much more quality. He feels they are high value homes that will make a beautiful neighborhood which would be a great asset to the City. Larson thinks the connectivity and the ablility to have access to all the landscapes of the golf course and environmental features that will be connected by trail system. M/S/: Kreimer/Lundquist, move to recommend approval of the comprehensive plan amendment proposal to create a new land use designation called “Golf Course Community”, with the amendments as discussed in the 2 previous motions, with the following findings 1) golf course community would protect a regional amenity that the City wishes to maintain 2) the sewered development would protect the Shoreland from pollution 3) the densities would support an efficient level for municipal sewer 4) the golf course is another form of open space 5) there are a significant of residents around the property that object to the density and subsequent traffic increase, Vote: 3-3, motion did not pass, with Griffin, Williams and Dodson voting against. Dodson is concerned with the thought process of relying on the fact that this developer is a quality developer. Things can change and that doesn’t always maintain throughout the development. M/S/F: Williams/Dodson, move to recommend to the City Council that this land be guided for rural development with a preference for residential estates zoning, Vote: 2-4, motion failed. Rick Packer, Royal Golf, stated that they have initiated the process to reguide this property. The Planning Commission has chosen not to give a recommendation to the City Council. He doesn’t understand why the City has a burning desire to guide this property rural development. He is not sure why the City would want to guide this property for something that they are not asking for. Williams is not in favor of extending sewer north of 10th Street. He is in favor of a property owner having a reasonable use of his land. In Lake Elmo, north of 10 th Street, excluding the Village Area, a reasonable use of property is rural residential development. Packer stated that if the motion fails, to do anything with this property, they would need to come back in and ask to have the land reguided to something else. Williams stated that the motion on the floor asks the City Council to guide the property as rural development without any further initiation from the property owner. 10 Lake Elmo Planning Commission Minutes; 1-9-17 Kreimer is not in favor of the motion. He thinks they should just wait for the Comprehensive Plan Amendment process and see what the Council comes back with. Larson is in agreement with that. Williams stated that in defense of the motion, it is reasonable to give the City Council an alternative since there was not a specific recommendation one way or another on the request that was b efore them. Public Hearing – Zoning Text Amendment to create “Golf Course Community” Zoning. Becker started her presentation of the ZTA for the Golf Course Community Zoning District. This is a rough draft of what a golf course community would look like as a land use plan. Becker went through the uses that would be allowed in GCC either as permitted or conditional uses. The density for residential would be 1.5 -2.49 units per acre. Becker went through the minimum lot size and setbacks and compari sons to LDR zoning and why staff is recommending these. The recommended open space is something that they need to discuss. Staff is recommending 50% of the gross acreage be dedicated to either a golf course, its accessory uses or as open space. There would be a 100 foot buffer required from external residential lots within the City. The buffer area shall be part of the required 50% open space. This buffer may be reduced by the council if there is a visual buffer provided. There must be connectivity and adequate street design to support the proposed uses. There are a number of site development standards set forth for allowed and conditional uses, in addition to the ones already established in the City Code. Staff also is proposing to add semi-transient accommodations at the request of Royal Golf. If this use is added, there would be standards specific to Golf Course Community. The only comment that the City has received from the public hearing notice is to include more standards for indoor recreational facility. Dodson asked if the semi-transient accommodations would be considered commercial. Wensman stated that would probably be used for the owners or relatives of residents who live in the community. Williams thinks that on page 14 of proposed zoning code (O) (4), regarding street designs can be struck as they are required to meet current street standards anyway. Clark Schroeder, Royal Golf Course, stated that the concept of the cottages is something they have not fully vetted out, but is still in the idea stage. Schroeder stated that the buffers are currently very similar to the OP buffer setbacks. Dodson is wondering why the City would deal with the cottage issue now if it is just a concept and not at a future date so they can really think about what conditions might be necessary. Wensman stated that they would not have to approve this tonight. They noticed th e public hearing for tonight, but it could come back at a future date. Public Hearing opened at 10:35 pm 11 Lake Elmo Planning Commission Minutes; 1-9-17 Ann Bucheck, 2301 Legion Ave, she hopes that the public hearing is extended as this is the first time that they are hearing about some of these thi ngs. She feels that adding 4 more cottages increases the density again. She doesn’t think the cottages are necessary on site which is more like a B & B. There a lot of places to stay in the area and she does not feel these are necessary at the golf course. She does not feel the minimum lot size should be reduced from the 20,000 square feet. She feels this area does not need the substantial traffic indicated with the recreational use. She does not want to see any exterior secondary dwellings as they are not appropriate for this development. There is a standard of a 100 foot buffer. She would argue to make it bigger vs. smaller. She would like the public hearing extended as new things have been brought up and the public has not had a chance to look at them completely. Tim Mandel, 2479 Lisbon Ave, he is wondering if they can issue a conditional use permit for anything they want on this property. This is not a commercially zoned property, and these cottages would be “commercial”. He does not want to see a lot of these more “commercial” things put in as if the golf course fails, those buildings will be used for other things. Public Hearing closed at 10:42 pm Dodson would like to change the lower end of the density from 1.5 to .9 to allow for the lowest density possible. Kreimer is concerned about that because of what it will do to the other areas to keep minimums for the Met Council. Williams is concerned about the secondary dwelling. He is fine if it is inside the dwelling, but he is not in favor of having additional structures on the properties. If this is specific to Golf Course Community, he would like the definitions and standards for secondary dwelling to read a residential unit located within the principle structure or above an attached garage. Becker stated that this is a definition for this use for anywhere that this is allowed, not just for Golf Course Community. M/S/P: Williams/Dodson, motion to have a definition for secondary dwelling specific to Golf Course Community that reads a residential secondary dwelling unit is located within the principle structure or above an attached garage, Vote: 5-0, motion carried unanimously. M/S/P: Williams/Kriemer, motion to add letter Q on page 15 to add indoor recreation Golf Course Community district this a conditional use only if it is owned and operated by the same entity that owns and operates the golf course or CIC. This is not allowed as a free standing commercial operation open to the public, Vote: 5-0, motion carried unanimously. 12 Lake Elmo Planning Commission Minutes; 1-9-17 M/S/P: Williams/Dodson, motion to change Item (O) (3) connectivity on page 14 to read “Trails, walkways and paths must make planned connections to planned external trails and walkways and paths within the community, Vote: 5-0, motion carried unanimously. M/S/P: Dodson/, motion to delete Item (O) (4) on page 14 regarding street design, Vote: 5-0, motion carried unanimously. M/S/P: Dodson/, motion to delete Item (O) (4) on page 14 regarding street design, Vote: 5-0, motion carried unanimously. M/S/P: Williams/Dodson, move to require that the restaurant and drinking establishments must be in the same structure as the clubhouse and golf shop, Vote: 5-0, motion carried unanimously. M/S/P: Dodson/Williams, move to require the clubhouse follow the city’s commercial design guidelines and standards manual for Lake Elmo, Vote: 5-0, motion carried unanimously. Williams is not in favor of including the semi-transient accommodations without further definition. Kreimer stated that he doesn’t feel that they need to do that now. Wensman stated that this would be the time to include it and get the definition set, otherwise they will need to do a zoning text amendment in the future. Handt suggested that they could table this to the next meeting which would give staff time to draft the standards. There was discussion regarding the 9000 square feet minimum lot size and how that number was arrived at. M/S/P: Williams/Kreimer, move to table the addition of a Golf Course Community Zoning District to the Zoning Code until standards are received for the semi -transient accommodations, Vote: 5-0, motion carried unanimously. Public Hearing – Zoning Text Amendment amending the City’s Shoreland Management Overlay District Becker started the presentation with some history regarding the Shoreland Ordinance. In 2014, a Shoreland ordinance was drafted that was modeled after Woodbury’s. It was submitted to the DNR, but the DNR did not approve it. In 2016, staff started workin g to make amendments to submit to the DNR. Definitions were removed, 4 water bodies were removed, Berschen’s Pond was added, and the language for water oriented accessory structures was kept. The DNR suggested that the City include a Forest Land Conversion as a conditional use with standards. They also suggested deleting the riparian dedication, changed the setbacks and impervious standards. Standards are 13 Lake Elmo Planning Commission Minutes; 1-9-17 addressed for lots intended as controlled access to public waters, restrictions on roads, driveways and parking areas and subdivision standards. There is a nonconformities section and a more detailed list for the planned unit development section. The proposed ordinance for a PUD maps out what the open space can and cannot be. There were 2 public comments received. One comment was asking for an increase to setbacks for sewered development on Natural Environment Lakes from 100 ft. to 150 ft. The second comment is requesting that Goetschel pond not be removed. Dodson asked if community septic is considered sewered or unsewered. Becker stated that by City standards it would be considered unsewered. The DNR might have a different standard. Dodson stated that the proposal states that when municipal sewer is not available, a community septic is required. Is there a minimum number of lots for that? Becker stated that by City PUD standards, a minimum of 5 acres is required and they would have to adhere to the minimum base standards of the district. Williams would like the wording regarding the requirement for 50% open space more clear to say only in the shoreland area vs. the total project area. Public Hearing opened at 11:39 pm Ann Bucheck, 2301 Legion Ave, she is wondering how much of the shoreland area has to be open space. Becker stated that they spoke to the DNR and they stated that it does not mean the open space needs to be in the shoreland area and that it can transfer to anywhere in the project area. She is wondering if it is requiring city sewer. Becker stated that with a PUD, when city sewer is not available, a community septic is allowed. Terry Emerson, 2204 Legion Lane Circle N, went through a few of the water bodies on the list and a number of them would not meet the ordinance. He thinks there will be a lot of issues with the current homes on the lakes that do not meet the code and are going to be coming in for variances. He feels that changing the building setback from 100 to 150 feet is a little excessive as compared to the lakes that are already developed. Public Hearing closed at 11:56 pm M/S/P: Williams/Kreimer, move to recommend keeping Goetschel Pond in the Shoreland classification table, Vote: 5-0, motion carried unanimously. M/S/P: Williams/Kreimer, move to recommend clarifying the open space requirements for PUD: open space must constitute at least 50% of the total project area within the Shoreland, Vote: 5-0, motion carried unanimously. 14 Lake Elmo Planning Commission Minutes; 1-9-17 M/S/P: Williams/Kreimer, move to recommend approval of Ord. 08- . amending section 154.800: Shoreland Management Overlay District of the Zoning Code, Vote: 5-0, motion carried unanimously. City Council Updates – December 20, 2016 Meeting i) Boulder Ponds 2nd addition Final Plat and PUD extension – passed. ii) Village Area AUAR – passed. iii) Diedrich Property zoning map amendment – passed. iv) Comprehensive Plan to meet population targets and growth plans – forwarded to Planning Commission. v) Moratorium ordinance – repealed. vi) Low impact development standards – referred to Planning Commission. vii) Noise Ordinance – failed. City Council Updates – January 3, 2017 Meeting i) Hammes Estates 2nd Addition Final Plat – passed. ii) Planning Commission appointments of Gary Fields and Dale Dorschner. 1. Upcoming Meetings a. January 23, 2017 b. February 13, 2017 Commission Concerns Meeting adjourned at 12:30 pm Respectfully submitted, Joan Ziertman Planning Program Assistant PUBLIC HEARING ITEM 5b PLANNING COMMISSION DATE: JANUARY 23, 2017 AGENDA ITEM: 5B - BUSINESS ITEM CASE #2016-59 ITEM: Zoning Text Amendment – Village Urban Districts REQUESTED BY: Planning Department SUBMITTED BY: Emily Becker, Planner REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: As part of its drafted 2017 Work Plan, the Planning Commission has designated “create V-LDR District and Regulations” as a project with a high priority. ISSUE BEFORE THE COMMISSION: The following presents explanation of a draft V-LDR and V-MDR Zoning District for the Commission to review and provide feedback. PLANNING/ZONING ANALYSIS: Village Master Plan. The Village Master Plan was created in 2005 with input from landowners, Village Area Planning Team, Mayor, Council, City Staff and other stakeholders in order to:  Preserve Old Village rural character and Main Street.  Maintain the Old Village as the perceived and functional center of the City.  Expand opportunities for additional local goods and services.  Expand existing public park and trail system.  Create a greenbelt buffer surrounding the Old Village.  Seek opportunities for expanded civic, office, and institutional uses. Comprehensive Plan. The City’s current Comprehensive Plan includes a Village Land Use Plan for the Old Village, which incorporates Old Village planning efforts including the City’s 2005 Comprehensive Plan update and the Village Master Plan. Land Use Categories. The Comprehensive Plan guides the following land uses to the Village Area: V-LDR – Village Urban Low Density Residential at 1.5 to 2.49 units per acre V-MDR – Village Urban Medium Density Residential at 2.5 to 4.99 units per acre VMX – Village Mixed Use with residential densities of 5 to 10 units per acre Comp Plan Old Village Housing Target Growth.  The Comprehensive Plan identifies target growth for the Village to be 934 additional units of housing. o It indicates that the City expects that up to 800 of these units will be located within areas guided for V-LDR and V-MDR land uses, and an additional 200-300 housing units are expected to be built within the VMX land use category. 2 PUBLIC HEARING ITEM 5b – ACTION ITEM  The attached map shows that developments within the Village that are either under contract, have received Preliminary Plat or Final Plat approval add an additional 770 residential units within the areas guided for V-LDR or V-MDR. o It should be noted that the Gonyea West development has not yet received Preliminary or Sketch Plan approval, but the developers have submitted a sketch from which the information given on the map about this development was obtained.  There are also three more significantly-sized parcels that could add an additional 124 to 207 units. Zoning Code. The Comprehensive Plan also states that “the City will adopt zoning districts that correlate with the planned V-LDR, V-MDR, and VMX land uses, which generally relate to the Master Plan categories…”  The Zoning Code VMX District standards were adopted in 2013.  No Village Urban Low or Medium Density zoning standards have been created; there are only standards for Low Density Residential and Medium Density residential within the Zoning Code. Allowed Uses. The Comprehensive Plan suggests the following uses for areas guided within the Old Village:  V-LDR: Large Lot Single Family, Medium Lot Single Family, Small Lot Single Family  V-MDR: Small Lot Single Family, Twin Home, Townhouse, Apartment/Condominium  VMX: Twin Home, Townhouse, Apartment/Condominium, Housing Above Retail  The proposed V-LDR and V-MDR zoning districts aim to articulate these principles within the Zoning Code by providing correlating standards and guidelines for development. Density.  As outlined above, the Comprehensive Plan guides a density of 1.5 to 2.49 units per acre for properties within the V-LDR zoning district and 2.5 to 4.99 units per acre within the V-MDR zoning district. o This is lower than the current LDR and MDR zoning district, which allows a density of 2.5 to 4 units per acre and 4.5 to 7 units per acre, respectively. o This will allow for a lower density than was previously allowed by the LDR district and restrict density to a lower maximum (i.e. a developer can only develop at a maximum density of 2.49 units per acre as opposed to 4 units per acre).  This lower density was designed to accommodate both the extension of public sanitary services into the Village Planning Area while still preserving the sense of place that presently exists. Areas Guided.  A significant portion of the areas guided for V-LDR and V-MDR has already been rezoned to Urban Limited Density Residential or Urban Medium Density Residential.  These developments mostly meet the guided densities as designated by the Comprehensive Plan (as shown in the attached map), but these zoning districts do not allow for density lower than 2.5 units per acre.  The creation of the V-LDR and V-MDR zoning districts could allow vacant land guided for the Village Urban Districts to be zoned consistentwith the Comprehensive Plan, and will allow lower densities than other urban residential districts. Lot Size.  V-LDR. The minimum lot size requirements of the V-LDR district were calculated by multiplying the minimum lot width of the district (70’) by a typical lot depth of 130 feet. 3 PUBLIC HEARING ITEM 5b – ACTION ITEM o As the Dimensional Requirements and Preservation of Open Space Section states, however, lots can be clustered to provide open space and may be used to calculate an average density to determine compliance with individual lot area requirement.  V-MDR. These mostly match the requirements set forth by the LDR district. Lot Width.  V-LDR. Slightly larger than the requirement of the LDR district and includes maximum lot width to create a more walkable community by minimizing distance to walk from house to house. o The 70’ to 110’ lot width requirements of the V-LDR provide more privacy while also allowing ample opportunity to incorporate greenspace and neighborhood amenities.  These numbers were taken by recommendation of the Village Master Plan.  Staff does not necessarily feel that a maximum lot width of 110’ necessarily creates a walkable community. The Commission may wish to recommend a smaller maximum lot width.  V-MDR. Matches LDR district and creates a maximum lot width to create a more walkable community by minimizing distance to walk from house to house. o The 55’-65’ minimum lot width requirements of the V-MDR are similar to lots in the existing ‘Old Village’ neighborhoods and are typical of traditional street grid settlement patterns. Walkability. Sidewalks.  The proposed V-LDR and V-MDR zoning districts encourage walkability within developments by requiring construction of sidewalks and/or trails on both sides of the streets within developments. o Lake Elmo Engineering Design Standards only require sidewalks on one side of the street. Garages.  Attached garages are encouraged to be side or rear loaded.  The proposed V-LDR and V-MDR zoning districts propose the requirement that the front of the garage be recessed at least four (4) behind the plane of the primary façade or that the front of the garage be recessed at least four (4) feet behind a porch if the garage is even with the primary façade.  The required width of the attached garage cannot exceed 60% of the entire building façade (including garage) fronting the primary façade.  The Commission should keep in mind that this restriction that garages be recessed at least four feet from the primary façade or porch was removed and the requirement that garages not exceed a certain percentage of the entire building façade was increased from 60% to 75% in the Residential Districts article of the Zoning Code in 2014. o This was due to feedback from developers that these requirements were overly restrictive and reduce the choices of their customers to build a large portion of the house plans offered, therefore possibly causing a monotonous selection of housing along each street. The developers also expressed that smaller lots do not allow room to accommodate a garage larger than two stalls in width under this requirement.  The VMX district already does not allow garages to exceed 40% of the entire building façade.  These requirements are also so set forth so that cars do not dominate the streetscape. 4 PUBLIC HEARING ITEM 5b – ACTION ITEM Setbacks.  Maximum setbacks. While the normal minimum setback standard of the LDR district is proposed in the proposed V-LDR and V-MDR ordinance, maximum setbacks are also proposed in order to maintain a consistent environment where homes and family life are not too far away from the street, sidewalks, or their neighbors.  Side and rear yard setbacks are large enough to maintain privacy and comfortable distances between buildings and are consistent with urban residential district standards. Preserved Open Space and Buffers.  The proposed V-LDR and V-MDR zoning districts require open space within a development according to the Comprehensive Plan green belt area.  While a development is subject to compliance with the Comprehensive Plan, articulating this requirement in the Zoning Code will ensure that developers understand the requirement and that it does not get missed.  The current LDR and MDR zoning ordinance states the greenbelt areas shall determine the setbacks of all structures within the rear yards. This, however, is difficult to monitor and cannot be easily shown on planning review sheets when reviewing building permit applications.  The proposed zoning district will require that this space be set aside as part of the open space within a development, and private lots cannot encroach on this buffer. Design.  Mixed Use and High Density Residential development within the Village District is already subject to the Lake Elmo Design Guidelines & Standards.  However, there are currently no design requirements for single-family homes within the Village.  Single family home developments within the Village should look like a natural extension of the town. o The proposed ordinance requires that single family and two-family dwellings within the V-LDR and V-MDR Districts shall be designed to reflect the general scale and character of the Village, including front yard depth, height, and roof pitch, primary building materials, façade detailing and size and placement of window. o Garage standards, as listed above, also help accomplish this goal.  The proposed zoning district articulates guidelines set forth within the Village Master Plan to ensure that single family residential development within the V-LDR and V-MDR zoning districts embody the Plan’s vision. Street Connectivity. In order to increase connectivity from the heart of the Old Village to residential development within the Village, the following street design standards are proposed. The Commission should keep in mind that this could be difficult to execute, however, as higher street connectivity will often mean more density. The second example below of Village Park Preserve shows an example that has received Preliminary Plat approval within the Old Village that can accomplish this street connectivity goal with a density of 2.2 units per acre.  In new developments of tracts of 20 acres or more, new streets within Village Districts shall have a street connectivity index of 1.40 or more.  The street connectivity index shall be computed by dividing the number of new street links (defined as segments between intersections and/or cul-de-sac heads) by the number of new street intersections/permanent cul-de-sac heads. 5 PUBLIC HEARING ITEM 5b – ACTION ITEM Village Park Preserve Example: Theming Project. The Commission should consider if elements of the 2013 Lake Elmo Theming Project should be mandated within this district. This is not included in the draft ordinance, but the Commission may wish to recommend it be included. RECOMMENDATION: Staff recommends that the Planning Commission review and provide feedback on the addition of the proposed V-LDR and V-MDR Zoning Districts to Article XI of the Zoning Code: ATTACHMENTS: 1. Draft Ordinance 2. Use Definitions 3. Map showing approved, proposed, pending, or existing residential developments within the Old Village. 1 5 4 3 2 1 19 18 17 16 15 14 13 12 11 10 9 8 7 6 21 20 9 8 7 6 5 4 3 2 1 6 5 4 3 2 8 7 8 links 4 nodes Connectivity Index = 2 Planning Commission Draft 1/23/2017 1 VILLAGE CENTER DISTRICT § 154.500 PURPOSE AND DISTRICT DESCRIPTION (A) V-LDR Village Limited Density Residential. The purpose of the V-LDR zoning district is to provide opportunity for lower density residential development within the Old Village and create a transition and connectivity between the heart of the Old Village and surrounding rural areas. Residential development within areas zoned V-LDR will occur at a density of 1.5-2.49 units per acre. (B) V-MDR Village Medium Density Residential. The purpose of the V-MDR zoning district is to provide opportunity for a diversity of housing types within the Village and create a transition and connectivity between the heart of the Old Village and surrounding residential areas. The V-MDR zoning district will allow for a higher density of residential development on smaller lots than the V-LDR district at a density of 2.5-4.99 units per acre. (C) VMX – Village Mixed Use District. The purpose of the VMX district is to provide an area for compact, mixed use development made mutually compatible through a combination of careful planning and urban design and coordinated public and private investment. This district is intended to continue the traditional mixed use development that has occurred in the Village area by allowing retail, service, office, civic and public uses as well as residential units. The mixture of land uses within the district is essential to establishing the level of the level of vitality and intensity needed to support retail and service uses. The placement of building edges and treatment of building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian friendly environment envisioned for the VMX district. The standards in this chapter are intended to implement and effectuate the principles and relationships established in the Village Master Plan, which will be carried out through specific standards related to site planning, signage, architecture, building materials, and landscaping. Renovation and infill of traditional storefront-type buildings is encouraged, and parking standards may be waived to recognize the availability of on-street and shared parking facilities. § 154.501 PERMITTED AND CONDITIONAL USES Table 11-1 lists all permitted and conditional uses allowed in the urban residential districts. “P” indicates a permitted use, “C” a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under “Standards” indicate the location within this Ordinance of specific development standards that apply to the listed use. A. Combinations of uses. The following use types may be combined on a single parcel: 1. Principal and accessory uses may be combined on a single parcel. 2. A principal and secondary dwelling unit may be combined according to the standards of Section 155.137 154.454 (C). Planning Commission Draft 1/23/2017 2 B. Combinations of uses in the VMX District 1. Single-family attached or multi-family complexes designed for rental or condominium occupancy, since these typically include multiple units and buildings on a single parcel. 2. Other permitted or conditional uses allowed within the district may be combined on a single parcel, provided that a unified and integrated site plan is approved. The entire development must be approved as a conditional use. 3. A mixed-use building that combines permitted or conditionally permitted residential, service, retail and civic uses may be developed meeting the form standards of this Article. Office or studio uses on upper stories are encouraged. Planning Commission Draft 1/23/2017 3 Table 11-1: Permitted and Conditional Uses, VMX Village Districts V-LDR V-MDR VMX Standard Residential Uses Residential Uses Household Living Single-family detached dwelling P P P* * See Restrictions in 155.504.A 154.505 (A) Two-family dwelling - P P* * See Restrictions in 155.504.A 154.505 (A) Single-family attached dwelling - C C 154.505 (B) Multifamily dwelling - C C 154.505 (C) Secondary dwelling C C C* 154.505.D 154.454 (C) & *154.505 (D)_ Live-work unit - - P 155.505.J 154.505 (J) Group Living Group Home P P P 155.102.C 154.301 (A) Group Residential Facility - C C 155.102.D 154.301 (B) Congregate Housing - C C 155.102.E 154.301 (C) Semi-Transient Accommodations - C C 155.102.F 154.301 (C) Public and Civic Uses Community Services - - P 155.103.C Day Care Center - C P 155.103.D Public Assembly - - C 155.505.M Religious Institutions - - C 155.505.N 154.303 (N) Schools, Public and Private - - C 155.505.O 154.303 (A) Services Business Services - - P Business Center - - P Offices - - P Communications Services - - P Education Services - - P 154.303 (A) Financial Institution - - P 155.505.P Funeral Home - - C Lodging - - C 155.505.Q 154.302 (D) Medical Facility - - C 155.505.R 154.303 (B) Membership Organization - - C 155.505.N Nursing and Personal Care - - C 155.104.C 154.303 (C) Personal Services - - P Repair and Maintenance Shop - - C 155.505.E 154.505 (E) Trade Shop - - C 155.505.F 154.505 (F) Veterinary Services - - C 154.505.G 154.505 (G) Planning Commission Draft 1/23/2017 4 Food Services Standard Restaurant - - P Restaurant with Drive-through - - C 154.304 (A) Drinking and Entertainment - - P 155.505.S 154.304 (B) Sales of Merchandise Retail Trade 1 - - P 155.505.T Farmer’s Market - - C 155.505.AA Garden Center - - C 155.505.U 154.505 (D) Neighborhood Convenience Store - - P 155.505.V Shopping Center - - C 155.505.W Wayside Stand P P P 154.454 (D) Automotive/Vehicular Uses Automobile Maintenance Service - - C 155.505.X 154.505 (I) Automobile Parts/Supply - - P 155.505.X154.505 (I) Gasoline Station - - C 155.505.X 154.305 (B) Parking Facility - - C 155.505.X 154.505 (K) Sales and Storage Lots - - C 155.505.X 154.305 (C) Outdoor Recreation Outdoor Recreation Facility - - C 155.505.Y 154.306 (C) Parks and Open Areas P P P Indoor Recreation/Entertainment Indoor Athletic Facility - - C 155.505.Z 154.307 Indoor Recreation - - C 155.505.Z 154.307 Transportation and Communications Broadcasting or Communications Facility - - C 155.110.B Accessory Uses Home Occupation P P P 155.111.A,B 154.012 (12) (e) Bed and Breakfast - - C 155.111.C 154.310 (A) Family Day Care P P P 155.111.G 154.012 (12) (d) Group Family Day Care - C C 155.111.G Temporary Sales P P P 155.107.B 154.509 (B) Parking Facility - - P 154.505 (K) Solar Equipment P P P 155.111.I 154.310 (C) Swimming Pools, Hot Tubs, Etc. P P P 155.111.J Other Structures Typically Incidental and Clearly Subordinate to Permitted Uses P P P Planning Commission Draft 1/23/2017 5 Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection. 1Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in §155.507.B.5 154.012 (5) (c) with the exception of building supplies sales and warehouse club sales. § 154.502 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS Lot area and setback requirements shall be as specified in Table 11-2, Lot Dimension and Setback Requirements. Table 11-2: Lot Dimension and Setback Requirements, VMX Villages Districts V-LDR V-MDR VMX Minimum Lot Area (sq. ft.) a Non-Residential Use - - None Single Family Detached Dwelling 9,000 8,000 5,000 Two-Family Dwelling (per unit) b - 5,000 3,000 Single-Family Attached (per unit) c - 5,000 2,500 Multi-Family Dwelling (per unit) - 4,000 1,800 Secondary Dwelling - See 154.454 (C) See 154.454 (C) Live-Work Unit - - 3,000 Congregate Housing - See 154.301 (C) 155.102.E 154.301 (C) Other Structures - - 3,500 Maximum Lot Area (acres) Residential Structures N/A N/A N/A Other Structures N/A N/A 5 Minimum Lot Width (feet) Single Family Detached Dwelling 70 55 50 Two-Family Dwelling (per unit) b - 35 30 Single-Family Attached (per unit)c - 25 25 Multi-Family Dwelling (per building) - 75 75 Live-Work Unit - - 25 Maximum Lot Width (feet) Single Family Detached Dwelling 110 65 Maximum Height (feet/stories) 35 35 35/3 d Maximum Impervious Coverage Residential Structures 30% 40% 75% Other Structures - - No Limit Commented [EB1]: This was calculated by calculated by multiplying the minimum lot width of the district (70 feet) by a typical lot depth of 130 feet. oAs the Dimensional Requirements and Preservation of Open Space Section states, however, lots can be clustered to provide open space and may be used to calculate an average density to determine compliance with individual lot area requirement. Commented [EB2]: These mostly match the requirements set forth by the LDR district. Commented [EB3]: Matches LDR district and creates a maximum lot width to create a more walkable community by minimizing distance to walk from house to house. oThe 55’-65’ minimum lot width requirements of the V-MDR are similar to lots in the existing ‘Old Village’ neighborhoods and are typical of traditional street grid settlement patterns. Commented [EB4]: oThe 70’ to 110’ lot width requirements of the V-LDR provide more privacy while also allowing ample opportunity to incorporate greenspace and neighborhood amenities. These numbers were taken by recommendation of the Village Master Plan. Staff does not necessarily feel that a maximum lot width of 110’ necessarily creates a walkable community. The Commission may wish to recommend a smaller maximum lot width. Commented [EB5]: The V-MDR standard match the maximum impervious surface requirement of the LDR district, and given that V-LDR lots will be slightly larger, the impervious surface maximum for the V-LDR district is slightly smaller. Planning Commission Draft 1/23/2017 6 Minimum Building Setbacks (feet) h Front Yard 25 25 See 1554.506 e Interior Side Yard 10 10 10 f Corner Side Yard 15 15 0 g Rear Yard 20 20 10 Maximum Building Setbacks 40 30 See 154.506 Notes to VMX Village District Table a. No development may exceed the residential density range as specified in the Comprehensive Plan for the Village Mixed Use land use category. b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table apply to “twin” units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings. d. Buildings up to 45 feet in height may be permitted as part of a PUD in the VMX District. e. The front yard setback for single family homes shall be 25 feet in the VMX District. f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned parcels or those parcels with residential uses as the sole use. g. Corner properties: the side yard 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 shown in the table. § 154.503 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE A. Averaging of Lot Area. When lots are clustered within a development to provide common open space, the open space may be used to calculate an average density per lot to determine compliance with the individual lot area requirements. B. Lot Dimension Reductions. Other reductions in dimensional standards may be considered as part of a Planned Unit Development if these reductions provide for common open space within a development. Commented [EB6]: The Commission may wish to consider recommending a Build-To Line rather than a minimum/maximum setback. Planning Commission Draft 1/23/2017 7 C. Village Open Space Overlay District. Development of areas within the Village Open Space Overlay District, as designated by the Comprehensive Plan, is not allowed. Residential lots shall not encroach on the areas designated as open space per this overlay district. § 154.504 GENERAL SITE DESIGN CONSIDERATIONS – LMX VILLAGE DISTRICTS Development of land within the VMX Village Districts shall follow established standards for traffic circulation, landscape design, and other considerations as specified in Article 5, 6 and 7. A. Circulation. New access points to State Highway 5 may be refused or restricted to right-in right-out movement if alternatives exist. Internal connections shall be provided between parking areas on adjacent properties wherever feasible. 1. The number and width of curb-cuts shall be minimized. To promote pedestrian circulation, existing continuous curb-cuts shall be reduced to widths necessary for vehicular traffic, and unnecessary or abandoned curb cuts shall be removed as parcels are developed. B. Fencing and Screening. Fencing and screening walls visible from the public right-of-way shall be constructed of materials compatible with the principle structure. C. Lighting design. Lighting shall be integrated into the exterior design of new or renovated structures and along sidewalks of new development to create a greater sense of activity, security, and interest to the pedestrian, and shall comply with §150.035-150.038 Lighting, Glare Control, and Exterior Lighting Standards. D. Exterior Storage. Exterior materials storage must be screened from view from adjacent public streets and adjacent residential properties, by a wing of the principal structure or a screen wall constructed of the same materials as the principal structure. Height of the structure or screen wall must be sufficient to completely conceal the stored materials from view at eye level (measured at six feet above ground level) on the adjacent street or property. E. Screening of Existing Residential Structures. When a new development is proposed adjacent to an existing single family residential structure, screening shall be provided in accordance with §154.258.F. The City may require buffering or screening above and beyond this section in cases where the required screening will not provide an adequate separation between incompatible uses. F. Sidewalks and/or Trails. Are required on both sides of the streets unless deemed unnecessary by Council. Pedestrian scale amenities (benches, lights, street trees) as deemed necessary by City standards and Council shall be provided. Sidewalks and/or trails must adhere to the City’s Trail Plan; create connectivity to the other connections within the Village and/or City; and connect road frontage sidewalks and/or trails to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic. Where cul-de-sacs are permitted by the City, sidewalks are required to connect the bulb of the cul-de-sac with the nearest through-road. Planning Commission Draft 1/23/2017 8 G. Driveway Design – Residential Village Districts. Driveways shall not be the dominant aspect of the building design, as seen from the front street. No single lot or dwelling unit shall take driveway access from an existing collector or higher classification road. H. Street Design Standards. In new developments of tracts of 20 acres or more, new streets within Village Districts shall have a street connectivity index of 1.40 or more. The street connectivity index shall be computed by dividing the number of new street links (defined as segments between intersections and/or cul-de-sac heads) by the number of new street intersections/permanent cul-de-sac heads. § 154.505 DEVELOPMENT STANDARDS FOR SPECIFIC USES Development of land within the VMX Village d Districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The following standards apply to specific uses; other standards related to design and building type may be found at §154.506. A. Residential Units, VMX District. In order to provide for a mixture of land uses within the VMX district, residential units should be introduced in limited quantities to increase diversity within the district. Therefore, no more than 1/4 of the lineal frontage of a block (measured around t he entire block perimeter) may be used as residential use only, and no new residential use (except mixed use development) is permitted on a block once this threshold is reached. B. Single-Family and Two-Family Dwellings, VMX District. 1. Single-Family Dwellings are limited to those existing at the time of adoption of this Ordinance. Existing single-family dwellings shall be considered permitted uses, rather than nonconforming uses. 2. Unless otherwise specified in this Article, Single and Two Family Dwellings in the VMX district shall adhere to the MDR district setbacks as specified in §154.452. C. Single-Family and Two-Family Dwellings, V-LDR and V-MDR Districts. 1. Residential housing units shall be designed to reflect the general scale and character of the Village, including front yard depth, height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. 2. Primary entrances are required to be along the front façade. B. Single-Family Attached and Two-Family Dwellings, Village District. 1. A maximum of eight (8) units shall be permitted within a single building. 2. Townhouse dwellings shall be located on lots in such a way that each individual unit has a minimum of twenty-five (25) feet of public street frontage. No parking shall be located in the front yard or between the front façade and the street. Commented [EB7]: Additional requirement needed in application packet: housing design. Commented [EB8]: This is more restrictive than MDR zoning (ZC says 15 ft.) Planning Commission Draft 1/23/2017 9 3. The primary entrance to each unit shall be located on the façade fronting a public street; an additional entrance may be provided on the rear or side façade. 4. New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a developed block (measured around the entire block perimeter) may be converted to townhouse units, and no further townhouse, two-family or higher-density development is permitted once this threshold is reached. 5. Townhouse units shall be designed to reflect the general scale and character of existing buildings on surrounding blocks, including front yard depth, height and roof pitch, primary materials, facade detailing and size and placement of window and door openings 6. Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall compromise a minimum of three hundred (300) square feet per unit. C. Multi-Family Dwelling Units, V-MDR and VMX Districts. Dwelling units (both condominium and rental) are restricted to the upper floors or rear or side ground floors of a mixed use building. 1. No parking shall be located in the front yard or between the front façade and the street. D. Secondary Dwellings, Village District. Restricted to lots occupied by single-family dwellings, and must meet the standards for secondary dwellings in residential districts, §154.134 (C). E. Repair and Maintenance Shop, VMX District. No outdoor storage is permitted unless fully screened from public view. F. Trade Shop, VMX District. Exterior materials storage must be totally screened from view from adjacent public streets and adjacent residential properties by a wall of the principal structure or a screen wall constructed of the same materials as the principal structure. G. Veterinary Services, VMX District. All activities must be conducted within an enclosed building. H. Garden Center, VMX District. 1. The storage or display of any materials or products shall meet all setback requirements of a structure, and shall be maintained in an orderly manner. Screening along the boundaries of adjacent residential properties may be required, meeting the standards of Article 6, Section 155.89.F. 2. All loading and parking shall be provided off-street. 3. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses. Commented [EB9]: Added from townhouse requirements of MDR district Commented [EB10]: Also added from MDR district town home requirements. Commented [EB11]: 500 in MDR District Planning Commission Draft 1/23/2017 10 I. Automobile Maintenance Service and Automobile Parts/Supply, VMX District. 1. All vehicle repairs shall be conducted in a completely enclosed building 2. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet all setback requirements of a structure, and shall be totally screened from view from adjacent public streets and adjacent residential properties. J. Live-Work Unit, VMX District. The purpose of a live-work unit is to provide a transitional use type between a home occupation and a larger commercial enterprise, and to provide neighborhood-oriented commercial services, while maintaining a generally residential character in which the work space is subordinate to the residential use. 1. The work space component shall be located on the first floor or basement of the building. 2. The dwelling unit component shall maintain a separate entrance located on the front or side façade and accessible from the primary abutting public street. 3. The work space component of the unit shall not exceed thirty (30) percent of the total gross floor area of the unit. 4. A total of two (2) off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit, or underground/enclosed. 5. The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed-use building. 6. The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property. 7. The business of the live-work unit must be conducted by a person who resides on the same lot. The business shall not employ more than two (2) workers on-site at any one time who live outside of the live-work unit. K. Parking Facility, VMX District. Structured parking is permitted as a ground floor use within a mixed-use building, provided that it is located on side or rear facades, not facing the primary abutting street. The primary street-facing façade shall be designed for retail, office or residential use. The primary street façade may include an entrance into the parking facility. Planning Commission Draft 1/23/2017 11 L. Outdoor Dining Accessory to Food Services, VMX District. Outdoor dining is allowed as an accessory use in the commercial districts, provided that tables do not block the sidewalk. A minimum of five (5) feet of sidewalk must remain open. § 154.5076 ACCESSORY USES AND STRUCTURES Accessory uses are listed in the VMX District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the VMX District shall comply with the following standards and all other applicable regulations of this ordinance: 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 the 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. § 154.5087 RESIDENTIAL ACCESSORY STRUCTURES On parcels used for residential structures within the VMX District, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to or compatible with the main building or shall be commonly associated with residential construction. A. Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is connected by an enclosed passageway. All attached accessory structures shall be subject to the following requirements: 1. The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located. 2. The structure shall not exceed the height of the principal building to which it is attached. B. Attached Garages. 1. Attached garages are encouraged to be side or rear loaded. If facing the primary street, garages shall be designed using one of the following techniques, unless specific physical conditions on the lot in question require a different approach: a. The front of the garage is recessed at least four (4) feet behind the plane of the primary façade; or Planning Commission Draft 1/23/2017 12 b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is even with the primary façade; or c. The width of the attached garage shall not exceed 40% (in VMX Districts) and 60% in (V- LDR and V-MDR Districts) of the width of the entire principal building façade (including garage) fronting the primary street. 2. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground floor level except by conditional use permit. 3. Garage doors or openings shall not exceed fourteen (14) feet in height. C. Detached structures. Detached accessory structures for permitted residential structures in the VMX Village Districts must be in accordance with the following requirements: 1. Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the required front yard or within a side yard abutting a street. 2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level and shall not exceed a height of twenty-two (22) feet or the height of the principal structure, whichever is higher. The maximum size and height may be increased upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. 3. Pole barns, as defined herein, shall be prohibited. 4. No more than thirty (30) percent of the rear yard area may be covered by accessory structures. 5. Garage doors or openings shall not exceed fourteen (14) feet in height. § 154.509 ACCESSORY USES A. Exterior Storage on Residential Parcels. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following: 1. Laundry drying, 2. Construction and landscaping materials and equipment currently being used on the premises. Materials kept on the premises for a period exceeding six (6) months shall be screened or stored out of view of the primary street on which the house fronts. 3. Agricultural equipment and materials, if these are used or intended for use on the premises. 4. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article 5, Section 155.67 154.210. Planning Commission Draft 1/23/2017 13 5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and screened from view of adjacent properties. 6. Outdoor parking. B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all residential districts, limited to two (2) per calendar year per residence, not to exceed four (4) days in length for each event. § 154.51009 ACCESSORY USES AND STRUCTURES NOT LISTED Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in any district, are listed in Article 7, Specific Development Standards. These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such as swimming pools and solar equipment. § 154.50610 VMX DISTRICT DESIGN AND DEMOLITION REVIEW A. Review of Design. For certain development activity as specified in the Lake Elmo Design Standards Manual, design review is required as part of the approval process for a building permit, conditional use permit, or certificate of zoning compliance under this Ordinance. All projects subject to design review shall be reviewed for conformance with the Lake Elmo Design Standards Manual. A separate process for design review is not established. 1. Review Authority and Process. Design review shall be the responsibility of the individual or body authorizing the permit or certificate and shall be incorporated in the established review of the applicable building permit, conditional use permit, or certificate of zoning compliance. For those applications under this Ordinance that require review by the Planning Commission (i.e. conditional use permits), the Planning Commission shall consider the standards in the Lake Elmo Design Standards Manual as part of its recommendation to the City Council. 2. Review by Professional. The authorizing body may request review by a design professional of the proposed design or demolition. The cost of review by such design professional shall be charged by the applicant, and shall not exceed $1,000 unless otherwise agreed to by the applicant. 3. Development Activity Defined. Development Activity consists of new construction and redevelopment activities, including remodeling that expands the footprint of a structure, altering, or repairing a structure in a manner that will change the exterior appearance of said structure. Development activity also includes the construction of a new parking lots and installation of signage. a. Exempt Activities. The following activities shall be exempt from under review of this Section: i. Ordinary repairs and maintenance that will not change the exterior appearance of a structure; ii. Removal of existing signage without replacement unless said signs are an integral part of the building; Planning Commission Draft 1/23/2017 14 iii. Emergency repairs ordered by the Director of Planning in order to protect public health and safety; iv. Exterior alteration, addition, or repair of a structure used as a single-family residence, duplex, or two-family residence. v. Temporary signage, installed in accordance with §154.212 of this Ordnance, or during which time an application for permanent signage is pending under this Ordinance; vi. Maintenance of existing signage advertising an on-site business; vii. Alterations only to the interior of a structure. [Type text] (A) Rules of Interpretation for Zoning Use Types and Classifications. (1)Purpose of Use Types.The purpose of the Use Types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The Use Types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. (2)Interpretation. In the event of any question as to the appropriate use type of any existing or proposed use or activity, the Planning Director shall have the authority to determine the appropriate use type. In making such a determination, the Planning Director shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the Standard Industrial Classification Manual published by the U.S. Office of Management and Budget. In addition, the Planning Director shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The Planning Director may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this chapter. (3)Determinations in writing.The Planning Director shall make such determinations of appropriate Use Types in writing, which shall include an explanation of the reasons for the determination. (4)Appeal.A determination of the Planning Director may be appealed to the Board of Adjustment pursuant to the procedures for administrative appeals outlined in § 31.10. (B) Use types and classifications. (1)Residential and related uses. (a)Family living. 1.Live-Work Unit.A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. 2.Manufactured Home Park.A development on a site under a single ownership which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or nor a fee is charged for the utilization of such space. 3.Multi Family Residential.A building containing three (3) or more dwelling units. The term includes cooperative apartments and condominiums, but not condominium-hotels. (See CONDOMINIUM and CONDOMINIUM-HOTEL under § 11.01.) 4.Secondary Dwelling.A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, or within a detached structure. 5.Single Family Attached. A building containing one dwelling unit attached to another building containing only one dwelling unit, with each building on a separate lot. 6.Single Family Detached.A building containing only one dwelling unit, surrounded by landscape area or yards on all sides. 7.Two-Family or Duplex.A building on a single lot or adjacent lots containing two dwelling units, either side-by-side or stacked vertically. (b)Group Living. 10 [Type text] 1.Congregate Housing.A dwelling providing shelter and services for the elderly, which may include meals, housekeeping, and personal care assistance and minor medical services, but not intermediate, long term, or extended nursing care for residents. 2.Correctional Facilities.A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community. 3.Group Home.A residence shared by six or fewer handicapped persons in addition to resident staff, who live together as a single housekeeping unit and in a long-term, familylike environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. 4.Group Residential Facility.A licensed public or private establishment, which, for gain or otherwise, regularly provides one or more dependents with 24-hour a day substitute for the care, food, lodging, training, education, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. This term includes, but is not limited, to state institutions under the control of the Commissioner of Public Welfare, foster homes, maternity shelters, group homes as defined herein with seven or more residents, schools for handicapped children, and homes for battered children or battered spouses. 5.Halfway House.An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol, drug addiction or other similar disorders, or to persons re-entering society after being released from a correctional facility or other institution. 6.Semi-Transient Accommodations.Semi-transient accommodations include boarding houses, rooming houses, fraternity and sorority houses, or lodging rooms, as defined by this chapter. Semi-transient accommodations do not include CONDOMINIUM-HOTELS, as defined in § 11.01. (2)Public and Civic Uses. (a)Cemetery.Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. (b)Colleges and Universities.Institutions of higher learning which offer courses of general or specialized study leading to a degree or certificate. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, and seminaries. (c)Community Services.Establishments of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities may incorporate membership provisions, and are open to the general public to join at any time {for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, non-profit, or charitable nature. Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day care uses, and athletic facilities. Examples include libraries, museums, senior centers, community centers, social service facilities, early childhood learning facilities, and other special educational services. 11 [Type text] (d)Day Care Center.Any facility operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a 24 hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24 hour period. (e)Public Assembly. Facilities owned and operated by a public or quasi-public agency accommodating public assembly for non-recreation purposes. Typical uses include auditoriums, convention facilities, exhibition facilities, convention halls, or armories. (f)Religious Institutions.Establishments that are intended to primarily provide meeting areas for religious activities. Accessory uses include Sunday school facilities, parking, caretaker’s housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques. (g)Schools, Public and Private.Establishments at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime schools, boarding schools, and military academies. Exemptions: 1) preschools are classified as day care facilities, and 2) business and trade schools are classified as educational services. (3)Services. (a)Business Center.A building or group of buildings planned, constructed, and managed as a total entity, with common on-site parking for a group of commercial service establishments, with office uses also permitted. In the central business district, the requirement for common on-site parking need not be met in order to classify a development as a business center. (b)Business Services.Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, and computer programming/data processing services. (c)Commercial Kennel.The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. (d)Commercial Stable.The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. (e)Communication Services.Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as essential services or broadcasting and communications towers. Typical uses include television studios, telecommunications service centers, telegraph service offices or film and sound recording facilities. (f)Educational Services. Establishments engaged in furnishing specialized academic or technical courses, normally on a fee basis, such as vocational or correspondence schools, barber college, data processing schools, or secretarial schools, along with non-degree granting schools such as post secondary colleges and universities, martial arts, music, art, ceramic, and dramatic, schools, and dance instruction. (g)Financial Institution.Provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings and loan 12 [Type text] associations, savings banks, credit unions, lending establishments, and drive-up automatic teller machines (ATMs). (h)Funeral Home.Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries. (i)Lodging.See Transient Accommodations. (j)Medical Facilities.Establishments engaged in providing diagnostic services, extensive medical treatment (including surgical services), and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio-medical research and development, outpatient care facilities, medical schools and associated dormitories, medical appliance sales, and similar uses, but not including animal hospitals. (k)Membership Organization.Organizations operating on a membership basis for the promotion of the interests of the members included such uses as trade associations, business associations, professional membership organizations, labor unions, civic or fraternal organizations, but not including churches, hospitals, golf and country clubs, or credit unions. (l)Nursing and Personal Care.Establishments primarily engaged in providing intermediate or long-term nursing and health related care to individuals, typically classified as nursing homes. (m)Offices.A building or portion of a building use for office purposes by a business, service, professional, or institutional establishment, including medical offices or clinics, studios for those involved in art, sculpture, music, and the like, and all other establishments similar in character. (n)Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as barber shops, clothing rental, salons and health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants) or coin operated laundries. (o)Repair and Maintenance Shop.Establishments engaged in miscellaneous repair services, primarily of household oriented products such as radios, televisions, washers and dryers, furniture (including re-upholstery), small engine repair, bicycles, or locksmiths. (p)Self service Storage Facility.An establishment designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property. (q)Trade Shop.Any lot, land, building, or structure that serves as the headquarters for contractors involved in specialized activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials used in the business are stored. The category also includes establishments involved in specialized trades such as sheet metal, sign painting, drapers, and exterminators. (r)Transient Accommodations, Lodging.Establishments in which lodging is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from semi-transient boarding or rooming facilities. Typical uses include hotels, motels, and inns. Meeting and restaurant facilities may be included accessory to this use type. Condominium-hotels shall be considered as a type of transient accommodation. (s)Transportation Services.Establishments furnishing services related to the arrangement of persons and goods movements, such as freight forwarding, parking services or the rental/leasing of 13 31.95 Wildflower: Units: 145 Acres: 117Gross Density: 1.23Net Density: 4 Village Park PreserveUnits: 104Acres: 64Gross Density: 1.625Net Density: 2.2 Easton VillageUnits: 217Acres: 98.47Gross Density: 2.20Net Density: 2.5 Village PreserveUnits: 91Acres: 40Gross Density: 2.275Net Density: 2.64 Gonyea West (Under Contract)Units: 213Acres: 99Gross Density: 2.15Net Density: 2.5 Easton Village Parcel BTotal Acres: 45.55Area Guided LDR: 34.86Units Allow ed by Gross Den sity of1.5 - 2.4 9 U nits/Acre:52-86Units Allowed by Net Density of 1.5-2.49 Units/Acre(a ssu ming 15% unbu ilda ble-29 .63 acres):44-73 Easton Village Parcels A Acres: 46 Area Guided MDR: 33.83 acresUnits Allowed byGross Density 2.5-4.99 Units/Acre: 84-168 unitsUnits Allowed by Net Density 2.5-4.99 Units/Acre:(assuming 15% unbuildable = 28.75 acres )71-143 Screa ton ParcelAcres: 2 3.7 8Units Allow ed by Gross Den sity of1.5 - 2.4 9 U nits/Acre:35-59Units Allowed by Net Density of 1.5 -2 .49 Un its/Acre:(assuming 15% unbuildable=20.2 acres)30-50 VMX-Guided Parcels: 164.4 acresUnits Allow ed by Ne t Density of 5-10 Units/Acre:(assuming 15% unbuildable=139.74 acres)698-139 7Undeveloped Acreage: 62.8Potential New Units inUndeveloped Acre ageUsing Density of 5-10 Units/Acre: (assuming 15%unbuildable=53.38 acres)266-533 27THKEATS 24TH M A N N I N G K I M B R O 32ND S T N L E G I O N L A K E E L M O 32 N D S T I L L W A T E R L A Y T O N 44TH L I L A C L A M P E R T K L O N D I K E 31ST K R A F T33RD P R I V A T E L A N SING 30TH M E N D E L 44THSTREET L I L Y LISBON AVENUE 43RD L I S B O N 2 4 T H L A K E E L M O 32ND L A K E E L M O M A N N I N G 44TH K L O N D I K E LEGION 30TH M A N N I N G M A N N I N G 3 2 N D L A K E E L M O 3 0 T H30TH 30 TH L I S B O N 3 3 R D M A N N I N G 43RD S T I L L W A T E R L I S B O N 2 4 T H 2 4 T H 4 4 T H L E G I O N L A K E E L M O S T I L L W A T E R L E G I O N 30TH Sources: Washington County & Metro GIS12-16-2016 5 7.51 Parcels G uided in Village D istrict Land Use Expe cted Pe r Village Master Plan Development/Parcel Under Contract, Prelim Plat or Final Plat Planned or Approved Development Possible Future Development Gonye a West 213 Screaton Parcel 35 59 30 50 Vill age Preserve 91 Easton Village Parce l A 84 168 71 143 Wil dfl ower 145Easton Vil lage 217Village Park Preserve 104Total Pl anned/Approve d Development Units:770 Possi ble Future Units :171 313 145 266 V MX Zoning District 200-300 Arbor Glen 48 Vacant Parcel s in VMX District 266 533 Pote nti al Redevelopment i n VMX District 398 1397 Possible # of Units (based on net density) Low High 44 73 V -LDR and V -MDR Zoning Districts 800 Possible # of Units (based on gross density Low High Easton Village Parce l B 52 86 BUSINESS ITEM 5c STAFF REPORT DATE: JANUARY 23, 2017 REGULAR ITEM #: 5C (CASE #2016-58) MOTION TO: Planning Commission FROM: Emily Becker, Planner AGENDA ITEM: Zoning Text Amendment –Golf Course Community Zoning District REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City Council approved a Comprehensive Plan Amendment on January 17, 2017 to re-guide the area formerly known as Tartan Park to a newly-created Golf Course Community land use designation and to expand the MUSA. The creation of the new land use category suggests a new zoning district. At its previous meeting, the Planning Commission held a public hearing and considered a new Golf Course Community (GCC) zoning district. Staff was given feedback on the ordinance, but the item was tabled in order for additional information to be gathered regarding the proposed “cottages” for the Royal Golf Course. ISSUE BEFORE THE COMMISSION: The Planning Commission is being asked to consider the proposed zoning district entitled “Golf Course Community.” ANALYSIS/PLANNING AND ZONING ISSUES: Density. The approved density of the Golf Course Community Land Use Designation was 1.4-1.65. The zoning district allows this approved density. There is currently no urban residential zoning district that allows for density this low. Allowed Uses.  The proposed permitted and conditional uses of the zoning district are outlined in the attached ordinance.  Definitions of these uses are also attached for reference.  Semi-Transient Accommodations (“cottages”) are not recommended, for reasons outlined below. Site Design and Development Standards. Standards for the following uses within the Golf Course Community Zoning District were amended since the last meeting: o Secondary Dwellings.  Secondary dwellings within the GCC district may only be within the principal building. o (General) Development within the GCC District. 2 BUSINESS ITEM 5c  Buffer widths may be reduced as determined by Council in areas where existing mature vegetation and/or existing or created topography changes provide year round buffer.  Street Design was eliminated. o Restaurant and Drinking and Entertaining.  Must be located within same structure as club house and pro shop.  Must meet commercial design standards set forth by Design Guidelines and Standards Manual. o Indoor Athletic Facility.  Must be accessory to golf course and owned and operated by private developer or HOA (not by freestanding commercial operation).  Semi-Transient Accommodations. The developer has indicated that the Semi-Transient Accommodations (“proposed cottages”) would be owned and used by the golf course owner for entertaining and short-term accommodations for his guests. The developer has provided example floor plans for similar structures and suggested the location of the proposed “cottages” would be on an open area adjacent to the clubhouse parking lot, overlooking the course. If the Commission wishes to recommend that this use be included as a conditional use within this zoning district, it is recommended that the following standards be included within the ordinance: o (R) Semi-Transient Accommodations, GCC District. (1) Must be accessory to a golf course. (2) Must be limited to boarding houses, as defined in 11.01. (3) Must be owned and operated by either the owner of the golf course or homeowner’s association and must not be a freestanding commercial operation. Planned Unit Development (PUD)  The area that is planned to be re-guided to the Golf Course Community Land Use Designation is planned to be development through the PUD process. o Therefore, the applicant will likely seek some flexibility in zoning requirements set forth in this zoning district. o This district is setting forth general standards for development. RECOMMENDATION: Requested Opportunity for Public to Speak. Although it was not required to publish an additional public hearing notice, some who spoke at the last public hearing requested an additional opportunity to speak when the item was brought back to the Commission. Staff is recommending the Planning Commission recommend approval of the proposed Golf Course Community District: “Move to approve the addition of a Golf Course Community Zoning District to the Zoning Code.” ATTACHMENTS: 1. Draft Ordinance 08-__ 2. Definitions of Uses Proposed to be Allowed within the Golf Course Community district 3. Example “ cottages” ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff 3 BUSINESS ITEM 5c - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Opportunity for Public to Speak .................................................. Chair - Close the Opportunity for Public to Speak ................................................. Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members Planning Commission Draft 1/9/17 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 CREATING A GOLF COURSE COMMUNITY ZONING DISTRICT SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Article XII; of Title XV: Land Usage; of Chapter 154: Zoning Code; of the Lake Elmo City Code of Ordinances, is hereby amended as follows: URBAN RESIDENTIAL DISTRICTS § 154.450 PURPOSE AND DISTRICT DESCRIPTIONS. The urban residential districts are established to provide areas for residential development that are served by public sewer and water services in accordance with the city’s Comprehensive Plan. The objectives of these districts are to preserve and enhance the quality of living in residential neighborhoods, to regulate structures and uses which may affect the character or desirability of residential areas, to encourage a variety of dwelling types and locations and a range of population densities consistent with the city’s Comprehensive Plan, and to ensure adequate light, air, privacy and open space. The residential districts and their purposes are as follows: (A) GCC Golf Course Community District. The GCC district is intended to permit urban residential developments in conjunction with a golf course. Development in this district will be enhanced by coordinated site planning; open space and environmental resources; and provision of a safe and efficient system for pedestrian and vehicle traffic. The GCC district is intended to provide areas for densities lower than other Urban Residential Districts, ranging from 1.4 to 2.49 units per acre, with adequate open space buffers to provide a transition between denser, sewered development and rural areas. Residential development within the GCC district will consist of an environment of predominantly single-family dwellings with lots slightly larger on average than those in most Urban Residential Districts. (A) (B) LDR Urban Low Density Residential District. The LDR district provides an environment of predominantly single-family dwellings on moderately sized lots, and is designed to be the most restrictive of the urban residential districts. The LDR district is intended to provide areas for lower density residential development within the city’s planned sewered development areas, and may be used to provide a transition between rural development areas and the city’s urban development and Commented [BGA1]: Consider saying “adequate” buffers rather than open space buffers as you may wish to use vegetation, topography, berming or other buffering methods when appropriate. Commented [EB2]: Need to verify actual density numbers Planning Commission Draft 1/9/17 2 districts. Densities shall range from two 2 to 4 units per acre; however, the overall density for a specific development area must be consistent with the net densities specified in the Comprehensive Plan. The lot size and other district standards allow for the creation of smaller lots with the expectation that common open space will be provided within developments that exceed the base densities (at low end of the land use density range) within the Comprehensive Plan. (B) (C) MDR Urban Medium Density Residential District. The MDR district is established to provide for a diversity of housing types in those areas where such development is consistent with the medium density residential designation of the comprehensive plan and compatible with the development pattern of the surrounding area. Clustering of buildings to permit more orderly development and to preserve open space within new developments is encouraged. Development within the district shall occur at densities in the range of 4 to 7 dwelling units per acre, with two-family dwellings and townhouses permitted. The city will determine the allowed density for a piece of property at the time of the development application, and this determination will be based upon the site-specific characteristics of the property and the requested development. Factors to be considered in increasing or decreasing the allowed density include the existing environmental conditions such as wetlands, floodplains, steep slopes, significant trees; the specific site plan; the amount of open space preserved, and the type of housing units proposed, including whether greater density is desirable because the development contains housing that is consistent with the city’s housing goals. The burden of establishing the appropriateness of the high end of the density range will be on the applicant. (C) (D) HDR Urban High Density Residential District. The HDR district is established to provide for an environment of moderate to high-density attached and multi-family housing, designed to present an attractive appearance to neighboring streets and adjacent uses, to include sufficient private and semi-private outdoor space, and to be well integrated into their surroundings. Small office and service businesses of limited size and extent may be allowed as conditional uses. The HDR district is appropriate as a transition between commercial or industrial districts and surrounding neighborhoods, and in already developed higher-density areas. Development within the district may occur at densities in excess of 7 dwelling units per acre, provided the overall densities for within a development area are consistent with the net densities specified in the Comprehensive Plan and that a density analysis is used consistent with the purpose statement for the MDR district. (Ord. 2012-062, passed 9-18-2012) § 154.451 PERMITTED AND CONDITIONAL USES. Table 10-1 lists all permitted and conditional uses allowed in the urban residential districts. “P” indicates a permitted use, “C” a conditional use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under Planning Commission Draft 1/9/17 3 “Standards” indicate the location within this chapter of specific development standards that apply to the listed use. (A) Combinations of uses. Principal and accessory uses may be combined on a single parcel. A principal and secondary dwelling unit may be combined according to the standards of § 154.176 454 (C). Single-family attached or multi-family complexes designed for rental or condominium occupancy, typically include multiple units and buildings on a single parcel. Table 10-1: Permitted and Conditional Uses, Residential Districts GCC LDR MDR HDR Standard Residential Uses Single-family detached dwelling P P P P 154.174 454(B),G(E), 154.454 (O) Two-family dwelling - - P P 154.174 454(F) Single-family attached dwelling - - P P 154.174 454(G),(J) Multifamily dwelling (rental or condominium) - - C P 154.174 454 (H),(K) Secondary dwelling C C C C 154.174 454(C) Live-work unit - - - C 154.174 454 (L) Manufactured home park - - C - 155.102.B 151.035- 151.150 Group Living Group Home - P P P 155.102.C 154.301 (A) Group residential facility - - C C 155.102.D 154.301 (B) Halfway House - - - C 155.102.D 154.301 (B) Congregate Housing - - C C 155.102.E 154.301 (C) Commented [EB3]: Standard numbering was off and so was changed to correct, corresponding standards. Commented [EB4]: These are the standards set forth in the Building Regulations portion of the City Code. Planning Commission Draft 1/9/17 4 Semi-transient accommodations - - C C 155.102 154.301 (C) Public and Civic Uses Community services - - - C 155.103.C Day care center - - C C 155.103.D 154.012 (2) (d) Schools, public and private - C C C 155.103.E 154.303 (A) Services Offices - - - C 154.174(M) 154.454 (M) Funeral home - - - C 154.174(M) 154.454 (I) Personal services - - - C 154.174(M) 154.454 (I) Nursing and personal care - - - C 155.104.C 154.303 (C) GCC LDR MDR HDR Standard Sales of Merchandises Neighborhood convenience store - - - C 154.174(N) 154.454 (N) Wayside stand C P P P 154.174(D) 154.454 (D) Outdoor Recreation Golf course P C - - 155.107.B 154.306 (A) Outdoor recreation facility C - - - 155.107.E 154.306 (C) Parks and open areas P P P P Commented [EB5]: There are no other standards for community services in the Zoning Code, only a definition Commented [EB6]: There is only a definition within the Zoning Code of a day care center Planning Commission Draft 1/9/17 5 Transportation and Communications Broadcasting or communication facility - C C C 155.110.B Accessory Uses Home occupation P P P P 155.111.A,B 154.012 (12) (e) Bed and breakfast - - C C 155.111.C 154.310 (A) Domestic pets P P P P Family day care P P P P 155.111.G 154.012 (12) (d) Group family day care - C C C 155.111.G 154.012 (12) (d) Temporary sales P P P P 155.107.B 154.458 (B) Parking facility - - - C Solar equipment P P P P 155.111.I 154.310 (C) Swimming pools, hot tubs, and the like P P P P 155.111.J Water-oriented accessory structures P P P P 154.800 Restaurant C - - - 154.454 (P) Drinking and Entertaining C - - - 154.454 (P) Indoor Athletic Facility C - - - 154.307, 154.454 (Q) Commented [EB7]: There are no standards for this. Only definition. Commented [EB8]: There are no standards for these – only definition Planning Commission Draft 1/9/17 6 Semi-Transient Accommodations C - - - 154.302 (D) & 154.454 (R) Other structures typically incidental and clearly subordinate to permitted uses P P P P § 154.452 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS. Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and Setback Requirements. Table 10-2: Lot Dimension and Setback Requirements, Residential Districts GCC LDR MDR HDR Minimum Lot Area (sq. ft.) Single family detached dwelling 9,000 8,000 7,000 5,000 Two-family dwelling (per unit) a - 5,000 4,000 3,000 Single-family attached (per unit) b - - 4,000 2,500 Multi-family dwelling (per unit) - - 4,000 1,800 Secondary dwelling 154.454 (C) (1) see 155.102 154.454 (C) (2) see 155.102 154.454 (C) (2) see 155.102 154.454 (C) (2) Live-work unit - - - 3,600 Congregate Housing - - See 155.102 154.301 (C) See 155.102 154.301 (C) Manufactured Home Park - - See 155.102 151.035- 151.150 See 155.102 151.035- 151.150 Commented [EB9]: The Commission may or may not wish to recommend this be approved as a conditional use. Commented [EB10]: Calculated by multiplying minimum lot width (70’) by typical lot depth of 130’. (this was how the other minimum lot area of other urban residential districts were determined) Planning Commission Draft 1/9/17 7 Notes to Urban Residential Districts Table a. Common open space areas may be used in the determining whether or not the minimum lot areas within a development are met, when provided as part of an overall development plan. Minimum Lot Width (feet) Single family detached dwelling 70 60 50 50 Two-family dwelling (per unit) a a - 35 - Single-family attached (per unit) b - - 25 20 Multi-family dwelling (per building) - - 75 60 Live-work unit - - - 25 Maximum Height (feet) 35 35 35 50 Maximum Impervious Coverage 30% 40% 50% 75% GCC LDR MDR HDR Minimum Building Setbacks (feet) Front yard 25 25 c 25 c 20 c Interior side yard e Principal Buildings (living space) f,g 10 10 10 10d Attached Garage or Accessory Structures f,g 5 5 5 10d Corner side yard g,h 15 15 15 15 Rear yard 20 20 20 20 Planning Commission Draft 1/9/17 8 b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table apply to “twin” units, whether on a single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot. c. In the case of single-family attached dwellings that are not situated on individual lots, minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings. d. Single family dwellings (both attached and detached) and two-family dwellings may use the side yard setbacks within MDR zoning districts. 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. § 154.453 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE. (A) Averaging of Lot Area. When lots are clustered within a development to provide common open space, the open space may be used to calculate an average density per lot to determine compliance with the individual lot area requirements. (B) Lot Dimension Reductions. Other reductions in dimensional standards may be considered as part of a planned unit development if these reductions provide for common open space within a development. (C) Lots Adjacent to Public Greenway Corridors. On any lot that abuts a public greenway as depicted in the Comprehensive Plan the minimum setback for all structures, including accessory buildings, shall be the required rear yard setback for the district in which said structure is located. § 154.454 SITE DESIGN AND DEVELOPMENT STANDARDS. Development of land within the urban residential districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The following standards apply to specific uses, and are organized by district. Planning Commission Draft 1/9/17 9 (A) Planned Unit Developments, All Urban Residential Districts. A planned unit development may be submitted for consideration within any residential district, subject to the requirements and standards established in Section 154.800, Planned Unit Developments. (1) A residential development that exceeds 15 units per acre in an HDR Zoning District may be allowed as a Planned Unit Development in accordance with the density bonus provisions of Section 154.800, Planned Unit Developments. (B) Single-Family Detached Dwellings, All Urban Residential Districts. All single- family dwellings shall be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and be placed on a permanent foundation. (C) Secondary Dwelling, All Urban Residential Districts. The purpose of a secondary dwelling is to provide life-cycle housing opportunities for family members or small households of one or two people, while providing more efficient use of large single- family dwellings or large lots. (1) GCC Districts. a) A secondary dwelling unit may be located within a principal structure used as a single-family detached dwelling, or above a detached garage. b) There shall be no more than one secondary dwelling unit on the zoning lot. c) At least one dwelling unit on the zoning lot shall be owner- occupied. d) The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for a single-family detached dwelling in the zoning district. e) The appearance of the building shall remain that of a single-family dwelling. Any new or additional entrances must face the side or rear of the building. f) Exterior finish materials, trim, roof pitch, windows, eaves and other architectural features of the addition must be the same or visually compatible with those of the original building. g) Shall not contain more than 30% of the principal building’s total floor area or 800 square feet, whichever is less. h) Impervious limits for the lot within the zoning district in question shall not be exceeded. (2) LDR, MDR, and HDR Districts. Planning Commission Draft 1/9/17 10 a) A secondary dwelling unit may be located within a principal structure used as a single-family detached dwelling, above a detached garage, or within a separate detached structure. b) There shall be no more than one secondary dwelling unit on the zoning lot. c) At least one dwelling unit on the zoning lot shall be owner- occupied. d) The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for a single-family detached dwelling in the zoning district. e) If the secondary unit is included in the principal building, the appearance of the building shall remain that of a single-family dwelling. Any new or additional entrances must face the side or rear of the building. f) Whether the secondary unit is an addition to an existing structure or a new detached structure, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the principal building. Exterior finish materials and trim must be the same or closely match in type, size and location the materials and trim of the original building. g) A secondary unit within the principal structure shall not contain more than 30% of the principal building’s total floor area or 800 square feet, whichever is less. A detached secondary unit shall not exceed 1,000 square feet in gross floor area. h) Impervious limits for the lot within the zoning district in question shall not be exceeded. (D) Wayside Stand, All Urban Residential Districts. (1) No more than one stand per lot shall be permitted. (2) Adequate off-street parking shall be provided. (E) Single-Family Detached Dwelling, All Urban Residential Districts (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway. (2) The primary entrance shall be located on the facade fronting a public street. (F) Two-Family Dwelling, MDR and HDR Districts. Planning Commission Draft 1/9/17 11 (1) No parking shall be located in the front yard or between the front façade and the street except on a permitted driveway. (2) Access to the second dwelling unit shall be either through a common hallway with one front entrance, or by means of a separate entrance. (3) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a developed block may be redeveloped as two-family units, and no further two-family or higher density development is permitted once this threshold is reached. Lineal frontage shall be measured around the entire perimeter of the block. (4) Two-family dwellings shall be designed to reflect the general scale and character of surrounding buildings on surrounding blocks, including front yard depth, building width height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. (G) Single-Family Attached Dwelling (Townhouse), MDR District. (1) A maximum of 8 units shall be permitted within a single building. Buildings with more than 8 units may be allowed as a conditional use. (2) Townhouses shall be located on lots in such a way that each individual unit has a minimum of 15 feet of street frontage. No parking shall be located in the front yard or between the front façade and the street. (a) Townhouses that do not meet the minimum requirements for frontage along a street or that have frontage along a private street may be allowed as a conditional use. (3) The primary entrance shall be located on the façade fronting a public street unless the townhouses are approved as a Conditional Use under division §154.455.(G)(2)(a) above; an additional entrance may be provided on the rear or side façade. (4) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a developed block (measured around the entire block perimeter) may be converted to townhouse units, and no further townhouse, two-family or higher-density development is permitted once this threshold is reached. (5) Townhouse units shall be designed to reflect the general scale and character of existing buildings on surrounding blocks, including front yard Planning Commission Draft 1/9/17 12 depth, height and roof pitch, primary materials, facade detailing and size and placement of window and door openings. (6) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise a minimum of 500 square feet per unit. (H) Multi-Family Building, MDR District. (1) A maximum of 8 units shall be permitted within a single building. Buildings with more than 8 units may be allowed as a Conditional Use. (2) The multi-family building shall be designed to reflect the general scale and character of buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, façade detailing and size and placement of window and door openings. (3) No parking shall be located in the front yard or between the front façade and the street. (4) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than 1/4 of the lineal frontage of a block (measured around the entire block perimeter) may be developed as multi-family units, and no further multi-family, two-family or townhouse development is permitted on the block once this threshold is reached. (5) Common open space for use by all residents or private open space adjacent to each unit (as a courtyard or balcony) shall be provided. Such open space shall comprise a minimum of 300 square feet per unit. (I) Funeral Home, HDR District. A facility developed after the effective date of this chapter shall have access to an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two access points shall be provided. (1) Additions or new construction shall be designed to reflect the general scale and character of the existing building and surrounding neighborhood, including front yard depth, roof pitch, primary materials, façade detailing and size and placement of window and door openings. (J) Single-Family Attached Dwelling, HDR District. (1) A maximum of 10 units shall be permitted within a single building. Buildings with more than 10 units may be allowed as a conditional use. Planning Commission Draft 1/9/17 13 (2) Townhouse dwellings shall be located on lots in such a way that each individual unit has a minimum of 15 feet of street frontage. No parking shall be located in the front yard or between the front façade and the street. (a) Townhouses that do not meet the minimum requirements for frontage along a street or that have frontage along a private street may be allowed as a conditional use. (3) The primary entrance shall be located on the facade fronting a public street unless the townhouses are approved as a conditional use under division (J)(2)(b) of this section; an additional entrance may be provided on the rear or side façade. (4) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise a minimum of 300 square feet per unit. (K) Multi-Family Building, HDR District. (1) No parking shall be located in the front yard or between the front façade and the street. (2) Common open space for use by all residents or private open space adjacent to each unit (as a courtyard or balcony) shall be provided. Such open space shall comprise a minimum of 200 square feet per unit. (L) Live-Work Unit, HDR District. The purpose of a live-work unit is to provide a transitional use type between a home occupation and a larger commercial enterprise, and to provide neighborhood-oriented commercial services, while maintaining a generally residential character in which the work space is subordinate to the residential use. (1) The work space component shall be located on the first floor or basement of the building. (2) The dwelling unit component shall maintain a separate entrance located on the front or side façade and accessible from the primary abutting public street. (3) The work space component of the unit shall not exceed 30% of the total gross floor area of the unit. (4) A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground/enclosed. Planning Commission Draft 1/9/17 14 (5) The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed-use building. (6) The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property. (7) The business of the live-work unit must be conducted by a person who resides on the same lot. The business shall not employ more than 2 workers on-site at any one time who live outside of the live-work unit. (M) Offices or Personal Services, HDR District. The establishment shall not exceed 3,000 square feet in size, and may be located within a multi-family building or a freestanding building. (1) Additions or new construction shall be designed to reflect the general scale and character of surrounding buildings, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (2) No parking shall be located in the front yard or between the front facade and the street. (3) No building shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 300 feet from any other retail or service business on the same street within the HDR District. (N) Neighborhood Convenience Store, HDR District. (1) The establishment shall not exceed 3,000 square feet in size, and may be located within a multi-family building or a free-standing building. (2) Additions or new construction shall be designed to reflect the general scale and character of existing buildings on surrounding blocks, including front yard depth, roof pitch, primary materials, facade detailing and size and placement of window and door openings. (3) No parking shall be located in the front yard or between the front facade and the street. Planning Commission Draft 1/9/17 15 (4) The use shall occupy a corner property. Any freestanding building developed on such a property shall have a minimum setback of 10 feet from each right-of-way line. (5) No building shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 500 feet from any other retail or service business on the same street within the HDR District. (O) Development, GCC District. (1) Open Space Required. A minimum of 50% of the gross acreage being developed as Golf Course Community must be designated as either a golf course and its accessory uses, or as open space. (2) Buffers Required. All residential lots must be a minimum of 100 feet from external residential lots within the City on the periphery of the proposed Golf Course Community. The resulting buffer area shall be part of the required 50% open space. Buffer widths may be reduced as determined by Council in areas where existing mature vegetation and/or changes in topography occurring on the site proposed for development exist or are introduced to provide an effective year-round buffer. (3) Connectivity. Trails, walkways, or paths must be provided within the development and make planned connections to external trails, walkways or paths within the community. There must also be internal trail connectivity between proposed housing and the golf course or main area of open space being established within the Golf Course community. (4) Street Design. Adequate street design, placement and width is required to support the proposed uses within the community. (P) Restaurant and Drinking and Entertaining, GCC District. Restaurants and drinking and entertaining establishments within the Golf Course Community must adhere to the following standards: (1) Must be located within the same structure as the club house and pro shop so as to limit the number of structures within the golf course area. (2) Hours of operation must be limited to the hours of 7am and 10pm, or as otherwise determined by Council. (3) Drive-through service is prohibited. (4) Maximum restaurant and/or drinking and entertaining establishment capacity to be determined by Council. Commented [EB11]: The 50% open space requirement would allow more development within the acreage being guided for Golf Course Community. Currently, the total area being guided for golf course community is approximately 424 acres. The current planned lot area of the development is approximately 96 acres. The Commission may wish to increase the percentage of required open space if it wishes to further develop. Changed “dedicated to” to “designated as” Commented [EB12]: Some who spoke at the public hearing stated this buffer width was not wide enough. Commented [EB13]: This was presented but not in the previous Commission draft ordinance. The Commission should consider if exceptions could be made based on this criteria. Commented [EB14]: This comment was eliminated based on feedback from the Planning Commission that this is a City standard already and therefore not needed to be reiterated. Commented [EB15]: Planning Commission recommendation to mandate that the restaurant be located within the same building as the pro shop and club house. Planning Commission Draft 1/9/17 16 (5) Must meet applicable standards set forth by Lake Elmo Design Guidelines and Standards for commercial development. (Q) Indoor Athletic Facility, GCC District. (1) Must be accessory to a golf course. (2) Must be owned and operated by a private developer or homeowner’s association and not by a freestanding commercial operation. (R) Semi-Transient Accommodations, GCC District. (1) Must be accessory to a golf course. (2) Must be limited to boarding houses, as defined in 11.01. (3) Must be owned and operated by either the owner of the golf course or homeowner’s association and must not be a freestanding commercial operation. § 154.455 RESIDENTIAL DISTRICT DESIGN STANDARDS. Review of Design. For certain development activity as specified in the Lake Elmo Design Guidelines and Standards Manual, design review is required as part of the approval process for a permit or certificate under this Ordinance. All projects subject to design review shall be reviewed for conformance with the Lake Elmo Design Guidelines and Standards Manual and shall follow the review procedures specified in §154.506.A. § 154.456 ACCESSORY USES AND STRUCTURES. Accessory uses are listed in the Urban Residential District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the urban residential districts shall comply with the following standards and all other applicable regulations of this subchapter. (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. Commented [EB16]: Planning Commission – recommended edit. Commented [EB17]: The Commission may or may not wish to include this as a conditional use. If not, these standards may be removed. Planning Commission Draft 1/9/17 17 (E) Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. § 154.457 RESIDENTIAL ACCESSORY STRUCTURES. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to or compatible with the main building or shall be commonly associated with residential construction. (A) Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is connected by an enclosed passageway. All attached accessory structures shall be subject to the following requirements: (1) The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located; and (2) The structure shall not exceed the height of the principal building to which it is attached. (B) Attached garages. (1) Attached garages are encouraged to be side or rear loaded. If facing the primary street, garages shall be designed using one of the following techniques, unless specific physical conditions on the lot in question require a different approach: (a) The front of the garage is recessed at least 4 feet behind the plane of the primary facade; (b) The front of the garage is recessed at least 4 feet behind a porch if the garage is even with the primary façade; or (2) The width of the attached garage shall not exceed 60% of the width of the entire principal building façade (including garage) fronting the primary street. (3) Attached garages shall not exceed 1,000 square feet in area at the ground floor level except by conditional use permit. (4) Garage doors or openings shall not exceed 14 feet in height. (C) Detached structures. Detached accessory structures shall be permitted in residential districts in accordance with the following requirements: Planning Commission Draft 1/9/17 18 (1) Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the required front yard or within a side yard abutting a street. (2) Detached garages shall not exceed 1,000 square feet at ground floor level and shall not exceed a height of 22 feet or the height of the principal structure, whichever is higher. The maximum size and height may be increased upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. (3) Pole barns, as defined herein, exceeding 120 square feet shall be prohibited. (4) No more than 30% of the rear yard area may be covered by accessory structures. (5) Garage doors or openings shall not exceed 14 feet in height. § 154.458 ACCESSORY USES. (A) Exterior Storage in Residential Districts. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following: (1) Laundry drying; (2) Construction and landscaping materials and equipment currently being used on the premises. Materials kept on the premises for a period exceeding 6 months shall be screened or stored out of view of the primary street on which the house fronts; (3) Agricultural equipment and materials, if these are used or intended for use on the premises; (4) Off-street parking and storage of vehicles and accessory equipment, as regulated in § 154.095; (5) Storage of firewood shall be kept at least 10 feet from any habitable structure and screened from view from adjacent properties; and (6) Outdoor parking. (B) Temporary sales. Temporary sales, also known as yard or garage sales, are permitted in all residential districts, limited to 2 per calendar year per residence, not to exceed four 4 days in length. § 154.459 ACCESSORY USES AND STRUCTURES NOT LISTED. Planning Commission Draft 1/9/17 19 Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in any district, are listed in Article 7, Specific Development Standards. These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such as swimming pools and solar equipment. 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 ____________ 2017, 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 ___________________, 2017. Definitions and Standards of Allowed Uses in Golf Course Community Zoning District Single Family Detached. A building containing only one dwelling unit, surrounded by landscape area or yards on all sides. Secondary Dwelling. A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, or within a detached structure. Wayside Stand. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand, which is clearly a secondary use of the premises and does not change the character thereof. Family Day Care. A residence licensed by the Minnesota Department of Human Services in which no more than 10 children at any one time receive care, maintenance and supervision by someone other than their relatives or legal guardians for less than 24 hours per day. Standard Restaurant. An establishment whose principal business is the sale of food and/or beverage to customers in a ready to consume state, and whose principal method of operation includes one or both of the following: 1) customers, normally provided with an individual menu, are served their food and beverage by restaurant employees at the same table or counter at which the food and/or beverage are consumed, 2) a cafeteria-type operation where food and beverage generally are consumed within the restaurant building. Indoor Athletic Facility. A commercial recreation facility that provides completely enclosed or indoor recreation space, such as racquet clubs, indoor skating rinks, swimming pools, or gymnasiums. § 154.307 STANDARDS FOR INDOOR RECREATION/AMUSEMENT. A. Indoor Athletic Facility, Indoor Recreation. Facilities that would generate substantial traffic shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two (2) entry points to such facilities shall be provided. (Ord. 08-080, passed 5-21-2013) Golf Course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Specifically excluded are independent driving ranges or miniature golf facilities, which are classified as outdoor recreation facilities. § 154.306 STANDARDS FOR OURDOOR RECREATION USES. A. Golf Course. 1. Location. The facility shall have access to a collector or higher classification street. A minimum of two (2) entry points to such facilities shall be provided. 2. Site Plans. Site plans for such facilities shall indicate all proposed recreation areas, building uses and locations, sanitary facilities, storage areas, parking, circulation and other information needed to assess the impacts of the proposed operation on surrounding properties and the road network. 3. Accessory Uses. The following accessory uses are permitted in conjunction with a golf course: A driving range, putting greens, pro shop, club house and locker facilities, maintenance buildings, course shelters, and cart storage facilities. Other accessory uses may require a separate conditional use permit. 4. Resource Protection. Golf courses shall be designed with consideration of environmental resources, including: a. Water recycling and conservation through on-site storage and use facilities; b. Use of landscaped buffers and other Best Management Practices (BMP’s) to minimize fertilizer runoff and other chemicals from entering surface water bodies; and c. Use of landscaping and site layout to preserve and enhance wildlife habitat. 5. Buffering. A planted buffer may be required to screen adjacent residential and other uses. 6. Other Conditions. Other conditions may be imposed to mitigate the potential impacts of the use. Outdoor Recreation Facility. A commercial recreation facility that is primarily an open-air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities. § 154.306 STANDARDS FOR OURDOOR RECREATION USES. C. Outdoor Recreation Facility. Facilities that would generate substantial traffic, such as playing fields or aquatic centers, shall be located with access to a street of sufficient capacity to accommodate the traffic that the use will generate. A minimum of two (2) entry points to such facilities shall be provided. SQF Scale: 1/16”=1’-0” Total area A/C= 4,985 sf Page 2 02.17.2016 Site Plan Lot 12 LOT 11 NORTH SE M A R I N A P L A C E LOT 13 LOT 12 Page 3 02.17.2016 Ground Floor Lot 12 MASTER SUITE 16X15 PWD GREAT ROOM 23X20 FOYER KITCHEN 23x17 TERRACE 17X30 A/C LAUNDRY CL PORCH MASTER BATH BEDROOM 1 16X15 BATH 12 CAR GARAGE BATH 2 BEDROOM 2 14X16 POOL FIRE PLACETV CL CL CL FAMILY ROOM 16x14 NORTH Scale: 3/32”=1’-0” Area A/C 1st =3,885 sf BEDROOM 3 17X14 BATH 3 CL LANAI Page 6 02.17.2016 Scale: 1/8”=1’-0”Front Elevation (West)