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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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L A K E
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3 0 T H30TH 30 TH
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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
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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
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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
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02.17.2016
Site Plan Lot 12
LOT 11
NORTH
SE
M
A
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N
A
P
L
A
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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)