HomeMy WebLinkAboutPZ Packet; 04-24-17
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 April 24, 2017 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. April 10, 2017
4. Public Hearings
a. ZONING MAP AMENDMENT. A request by the City of Lake Elmo for a
Zoning Map Amendment to rezone the following properties to VMX – Village
Mixed Use: 13.029.21.23.0010; 13.029.21.23.0026; 13.029.21.23.0027;
13.029.21.23.0077; 13.029.21.32.0007; 13.029.21.32.0010; 13.029.21.24.0003;
13.029.21.24.0003;13.029.21.23.0064; 13.029.21.23.0062; 13.029.21.32.0009;
13.029.21.32.0022; 13.029.21.32.0008; 13.029.21.23.0096; 13.029.21.32.0063;
13.029.21.23.0018; 13.029.21.24.0028; 13.029.21.32.0086; 13.029.21.32.0085;
13.029.21.32.0094.
b. GRADING PERMIT IN EXCESS OF 400 CUBIC YARDS OF MATERIAL: A
request from H.C. Golf Course Development, LLC to conduct grading on
approximately 73 acres of land, creating a common excavation quantity of
approximately 224,000 cubic yards of material, not including subgrade
connections and trench borrow. PID’s 25.029.21.44.0002; 25.029.21.44.0002;
25.029.21.43.0002; 25.029.21.43.0001; 25.029.21.31.0001; 25.029.21.42.0001;
25.029.21.13.0001; 25.029.21.12.0001.
c. ZONING TEXT AMENDMENT. A request by the City of Lake Elmo for a
Zoning Text Amendment setting forth additional standards for Solar Energy
Systems.
5. Business Items
a. EASTON VILLAGE FINAL PLAT: The Planning Commission is being asked to
consider a Final Plat request from Chase Development for the 2nd addition of
Easton Village which includes 19 single family lots located on the eastern portion
of the subdivision.
b. ZONING TEXT AMENDMENT – VILLAGE URBAN DISTRICTS: The
Planning Commission is being asked to make recommendations on the proposed
draft ordinance of the Village Low Density Residential and minor amendments to
the Village Mixed Use (VMX) district.
6. Updates
a. City Council Updates – April 18, 2017
i. Engineering & Landscape Design & Construction Standards - passed
ii. Bremer Bank Service Center Easement Vacations - passed
iii. Noise Ordinance - passed
b. Staff Updates
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i. Upcoming Meetings:
April 24, 2017
May 6, 2017
ii. MAC CEP Report-none
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; 4-10-17
City of Lake Elmo
Planning Commission Meeting
Minutes of April 10, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dorschner, Fields, Kreimer, Dodson, Emerson, Williams,
Lundquist and Hartley
COMMISSIONERS ABSENT: Larson
STAFF PRESENT: Planning Director Wensman, City Planner Becker and City Engineer
Griffin
Approve Agenda:
M/S/P: Williams/Lundquist, move to approve the agenda as amended, adding a 5c for a
condition for buckthorn management for Royal Golf , Vote: 7-0, motion carried,
unanimously.
Approve Minutes: March 27, 2017
M/S/P: Williams/Lundquist, move to approve the March 27, 2017 minutes as amended,
Vote: 4-0, motion carried unanimously.
Public Hearing – Easement Vacation – Bremer Bank 8555 Eagle Point Blvd
Becker started her presentation regarding the request for a vacation for two public
easements. The first request is to vacate an existing D & U for a stormwater facility
easement to be relocated to allow for expansion of the existing building. The second
easement to be vacated is along the property line (to be replaced), to allow for
combination of three parcels. The City Attorney and the County have been consulted
and it is ok to combine a platted lot with outlots. There is one condition being
recommended that the applicant shall record replacement easements as approved by
the City Engineer.
Dorschner asked if this approval secures the other necessary easements. Becker stated
that it does through the condition of approval.
Public Hearing opened at 7:10 pm
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Lake Elmo Planning Commission Minutes; 4-10-17
There were no written comments and no one spoke
Public Hearing closed at 7:10 pm
Dodson is wondering why there are two separate motions being recommended. Becker
stated that there would not need to be two separate motions, but two motions clarify
what is being vacated.
M/S/P: Dodson/Williams, move to recommend the approval of the vacation of the
easement described as south 5.00 feet Lot 1 Block 1, Eagle Point Business Park 3 rd
Addition and also the easement as shown in Doc. No. 1208614, subject to replacement
easements, as approved by the City Engineer being recorded, Vote: 7-0, motion carried
unanimously.
Public Hearing – Zoning Text Amendment – VMX Zoning District
Becker started her presentation by talking about some of the updates from the last
meeting. The Commission wanted to add a definition for Mixed Use. Staff does not
recommend adding. It does not fit broadly into code and is specific to the VMX district.
Staff added additional density standards using the language from the Comprehensive
Plan for senior congregate care facilities up to 16 units per acre with CUP. The garage
setback of 25 feet was added to Table 11-2, rather than the text. Standards for V-MDR
were not added because the existing LDR zoning district can be used for areas guided as
V-MDR. Setbacks for properties abutting County roads were added for consideration by
the Commission.
The issue of single family homes in the VMX needs to be resolved. Existing single family
homes should be non-conforming, or permitted uses. If permitted, the City would need
to allow both existing and new single family homes in this district. The current
Comprehensive Plan language does not mention detached single family homes as
allowed uses in the VMX district, except for those existing. The minimum lot size for
single family homes in VMX is currently 5000 sf, but staff is proposing to change that to
9000 sf to prevent an influx of property splits. The minimum lot width is proposed to
change from 50 ft. to 70 ft. to mirror V-LDR standards.
There was a discussion at the last meeting regarding conditional and permitted uses in
the VMX district. The Commission should specifically outline which uses are of concern
and discuss. New housing type mixture requirement was copied from the MDR
standards for multi-family and two family dwelling units. Staff is recommending striking
this. There was concern at the last meeting regarding veterinary services, so standards
were added to limit services to small domestic pets.
Lundquist asked about the single family housing not being in the Comprehensive Plan.
Becker stated that the issue can be addressed with the Comprehensive Plan update
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currently being worked on. Williams thinks that single family should be included as a
permitted use in the table for VMX. Wensman stated that he believes this is the right
way to go as you cannot have permitted existing single family without allowing
permitted new single family. Dorschner thinks that it should be conditional because
they are talking about downtown. He does not feel that the vision for downtown is
single family homes, but is commercial. Williams does not recall discussing finding
number 4 in the staff report that states the Planning Commission is interested in
exploring increased densities within the Old Village as an amendment to the
Comprehensive Plan. There was discussion about if the VMX needs more density to
attract commercial development. Williams is wondering if it would make sense to
increase the single family attached lot area since the single family detached lot area was
increased to 9000 sf. Becker stated that by leaving it the same, it would encourage
more density. The LDR, Urban Low Density Residential minimum lot size is 8000 sf.
Williams is wondering why a parking facility is only allowed as an accessory use and not
as a principle use. Becker stated that it is allowed as a principal use, but is a conditional
use.
Williams asked about the City Attorney’s recommendation to strike 5b for
redevelopment projects. He doesn’t see how that is infringing on someone’s rights.
Wensman stated that it makes sense if someone buys up the whole block, but not if
there is partial redevelopment. Hartley thinks that they need to decide if it is ok for one
type of housing to be on a single street.
Williams is wondering about on page 9 (5d) if “except on a permitted driveway” should
be added. There was some discussion about structured parking on the ground level and
what that should look like.
Wensman brought up setbacks from County roads. The VMX code states that the
setback is 10 feet from the right of way. Wensman is wondering if the setback should
be greater on County roads as there is greater potential for road expansion. The County
thinks it is too small.
Williams does not understand why a definition for mixed use would cause a problem in
other parts of the code. Wensman stated that they looked extensively through other
codes, and they did not find any definitions of it. Becker stat ed that the VMX already
states that it allows 2 principal uses. It also describes the district and its intent in the
Purpose and District Description. Williams stated that he still doesn’t understand why
having a definition will cause issues. Wensman stated that mixed use can be vertical or
horizontal. Vertical would be a mixed use on the same lot, while horizontal would be a
mixed use development, like Inwood. Staff could not find an applicable definition and
did not feel that one was necessary and it may actually create other unforeseen issues.
Public Hearing opened at 8:03 pm
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Lake Elmo Planning Commission Minutes; 4-10-17
No one spoke and there were no written comments
Public Hearing closed at 8:03 pm
Dodson thinks the minimum lot size for single family detached should be 8000 sf to
match the LDR. Becker stated that the 9000 sf came from the 70 ft. width calculation.
M/S/P: Kreimer/Williams, move to change single family detached from a conditional use
to permitted use in the VMX zoning district, Vote: 7-0, motion carried unanimously.
Dorschner thinks that there are some areas in VMX that single family should be
permitted and some areas where it should be conditional, but he isn’t sure how that
would be handled, but he is afraid there may be some unintended consequences.
Dodson feels that a comprehensive plan amendment needs to be done to get the
wording right and to avoid spot zoning.
Dorschner feels that a conditional use permit gives the City a little more control.
Williams feels that if there is a conditional use permit, there should be some basis for
which to approve or deny. Dorschner feels that there are parts of the VMX that it is
appropriate, but in the downtown proper from north of the tracks to old Hwy 5, it
probably would not be. Dodson is wondering if possibly the number of businesses that
surround the property could be the criteria. Fields agrees that in areas that have
potential to develop as commercial, having single family detached as permitted could
disrupt the development pattern. He feels having it conditional gives the opportunity to
evaluate the development pattern. Hartley is wondering how to develop the standards
without it sounding arbitrary.
Wensman stated the problem is that they are talking about allowing single family
detached, but don’t really want them everywhere. He suggested maybe the way to
manage it is to have a sub district. Williams agrees with Dorschner’s concern, but feels
there needs to be some basis to limit the new single family detached. Williams feels
that from the City’s point of view, the safest way to handle this is to make the single
family detached a legal non-conforming use. Dorschner feels that they need to go with
what their vision is and that would be to make the single family detached a legal non -
conforming use.
Becker stated that if the existing single family homes wanted to expand, the City would
not be able to grant the variance as it is a use variance. Lundquist stated that the
residents in this area should not be penalized by what is adopted. Becker stated that at
this point, for the short-term, they are not proposing to rezone the properties that
currently have single family homes on them to VMX. However, if a property owner
wanted to develop their property to VMX, they could ask for a rezoning at that time.
Dorschner stated that he doesn’t want to penalize the existing residents, but by
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Lake Elmo Planning Commission Minutes; 4-10-17
rezoning their property to VMX, they have more opportunities for their property and it
increases the property value.
Williams is wondering if it should be left in as a conditional use and a finding be made
that the standards need further work. Wensman would like this issue to be tabled until
further research can be done. Dodson is wondering if there is any case law in regards to
this and if the City Attorney can weigh in on this. Wensman stated that staff can consult
with the City Attorney.
M/S/P: Williams/Kreimer, move to reconsider the motion to change single family
detached from a conditional use to permitted use in the VMX zoning district, and that
the motion be rescinded with the intent to discuss further at a future meeting, Vote: 7-
0, motion carried unanimously.
M/S/P: Williams/Kreimer, move to substitute on page 9 (5b) “proposed development”
for “developed block”, Williams withdrew motion.
Hartley is wondering how the wording would work for one lot. Dodson is wondering
what the intent of this. Williams stated it is to encourage diversity on the block, but not
to completely change the character of that area and to preserve the mix. Kriemer
stated that he is in favor of removing the paragraph all together and Dodson agrees.
Wensman asked the commission how they would feel if someone came in and took out
a whole block of commercial and put in all townhouses. Fields stated that could be a
real possibility based on demand.
Dorschner stated that he feels the VMX is a good idea, but is hard to implement in this
area. He feels that they are kind of missing a business district. Williams thinks that
during the Comp plan update, they need to look at what the vision for downtown should
be.
M/S/P: Williams/Dodson, move to change the wording on page 11 (8) the first sentence
to say that “structured parking is permitted within a mixed -use building, provided that
the entrance is located on side or rear facades, not facing the primary abutting street”,
and striking the last sentence that says “The primary street façade may include an
entrance into the parking facility”, Vote: 7-0, motion carried unanimously.
M/S/P: Williams/Dodson, move to change Page 13 (3) (a) (i) to say “the front façade of a
garage shall be offset from that of a principle structure by a minimum of two feet from
the public right of way”, Vote: 7-0, motion carried unanimously.
Wensman asked about the request from the County to have a larger setback than the
current 10 feet to a county road. Dorschner is not in favor as there are already some
properties such as Arbor Glen at the 10 feet. Williams doesn’t understand why the
County wants a larger setback. Wensman stated that typically County roads are at
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Lake Elmo Planning Commission Minutes; 4-10-17
higher speeds which creates noise and other issues. Lundquist stated it is also for public
safety such as if a car went off the road. Hartley stated that the other reason would be
that it gives them another 60 feet so that if the road needs to be widened to four lanes,
they have the right of way. There was no interest from the Commission to change the
setback from 10 feet from County roads.
Williams would like to change footnote (g) on page 7 to differentiat e county 17 south of
CSAH 14 vs north of CSAH 14. Williams would like more information from the County on
why they want the greater setback.
M/S/P: Williams/Lundquist, move to postpone further consideration of VMX until they
get further information on the items talked about, Vote: 7-0, motion carried
unanimously.
M/S/P: Williams/Dodson, move to move the Engineering and landscape standards item
before the solar energy systems as the City Engineer is in attendance for that item,
Vote: 7-0, motion carried unanimously.
Business Item – Engineering & Landscape Standards
Wensman started his presentation by stating that staff is looking for a recommendation
for the Engineering & Landscaping design details and specifications. The purpose is to
set minimum requirements for all public infrastructure projects in the City with the
intent of constructing consistent and compatible infrastructure systems throughout the
City. Staff is suggesting to have a separate section specific to landscape and irrigation
standards vs having them be part of the engineering design and construction standards.
Engineering design standards and specifications will include having electronic plans
required, reference to benchmark system removed, lot corner elevations required and
the record drawing requirements clarified. There are many areas that are clarified such
as the street width, minimum tangent length for intersections, collector street right-of-
way width, and sign post standards changed per direction of PW.
Griffin stated that many of these updates, the City is already doing in practice. As
development happens, standards evolve as circumstances arise. Staff uses the
standards, but they are only formally updated every 2 years.
Dodson asked about the street light standards. It seems like the developers are
assuming that since street lighting is in the Engineering standards that they have to be
put in. Is there a way to specify that it is not required? Griffin stated that there is a
difference between what is in a standard and what is in an ordinance. The ordinance
would determine where or when things are done, while the design standards are if it is
done, this is how it will be built. Dodson stated that he would like to see less lighting
within developments and feels that there should be something in the design standards
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Lake Elmo Planning Commission Minutes; 4-10-17
to discourage lighting. Griffin stated that when street lighting is put into a development,
Xcel actually is the entity that decides where the lights will go. If the City wanted to say
where lights are to be located and the spacing, the City should specify that in the
standards. Williams is wondering if it would be appropriate to have different districts
and have standards for each district. Such as district 1 has no street lights, district 2 has
street lights only at intersections and district 3 has street lights throughout the
development. That way the City could determine through conditions what type of
lighting the development should have. Griffin stated that might be a good way to give
high level guidance to a developer. Emerson is wondering if Xcel would baulk at the
idea of putting street lights only at intersections. Griffin doesn’t think so.
Dodson asked if the irrigation standards are in the Engineering design and construction
standards manual. Griffin stated that the detail of the service line is in the engineering
standards and then it refers to the landscape plan for the details of the landscape meter
and specific details. Hartley asked about the issue that landscaping hadn’t been
handled properly in the past. Wensman stated that the water meter and service
location need to be on the landscape plans. In the past, that wasn’t a requirement so
they were not necessarily located properly.
Wensman stated that in the landscape standards, there is a recommended and required
section. By putting in a recommended section, they are hoping that developers will go
beyond what is required. Standard notes were cleaned up and made more usable and it
recognizes the bee safe policy. The tree standards were refined and addressed more of
the issues. Hartley doesn’t see where the root flare is addressed for planting a tree.
Wensman believes it is addressed and is one of the most problematic things they have
seen in the field. Hartley thinks it might be worthwhile to draw specific attention to it.
There are standards for trees and shrubs on slopes. The biggest thing would be the
irrigation details and the interface between public and private systems.
Dodson would like staff to research what the best mechanism would be to deal with the
issue of street lighting in different developments and possibly having various zones.
Wensman stated that staff felt that it was not necessary to have a policy regarding
street lighting. Dodson wants to see the City try to minimize the street lighting and
would like to see no lighting in residential developments. Williams would like there to
be guidelines in regards to street lights so that the Commission does not need to decide
each time. Dodson likes the idea of the zones so that in different locations, you could
have different lighting. Griffin stated that the lighting requirements would only come
into play on higher level streets vs. neighborhood streets.
M/S/P: Dodson/Williams, move to recommend approval of the March 2017 revision to
the Engineering Design and Construction Standards Manual, and adding a condition of
approval that staff look into proposing a lighting ordinance and/or engineering standard
for residential districts with the intent to minimize lighting, Vote: 6-1, motion carried,
with Hartley voting no. Hartley voting no because he feels the engineering standards
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should stand as they are. He feels the lighting standards should be addressed via
ordinance in the zoning code.
Dorschner has the same kinds of concerns regarding Landscaping that Dodson has with
lighting. Dorschner would like to see the use of water and irri gation minimized. He is
not sure how that should be formulated. Wensman stated that they are re -evaluating
what the options there are to mitigate the use of water and irrigation. Staff is looking
at no mow turf, and salt tolerant turf. Dorschner want s the landscape standard to spell
out that they need to be plants that need no water or minimal watering or even rocks
and shrubs that would need no pesticides or fertilizers. Wensman stated there were
some things they could do with the landscape ordinance to encourage this or even
provide some incentives.
M/S/P: Dodson/Fields, move to recommend that staff look into minimizing the use of
water, irrigation, herbicide and pesticides in the landscape ordinance : Vote: 7-0, motion
carried unanimously.
M/S/P: Williams/Dodson, move to recommend approval of the Landscape Design
Standard Details and Specifications: Vote: 7-0, motion carried unanimously.
Business Item – Zoning Text Amendment – Solar Energy Systems
Becker started her presentation regarding the solar energy systems. Changes from the
last meeting include exemptions for size, different standards for rooftop vs ground
mount, standards for solar farms, definition for off-grid, language about reflectors
clarified, and restrictions on HOA documents forbidding solar energy systems.
Dodson asked how the decommissioning would be enforced. Becker stated that a plan
might be required dependent on how large of a system it is. Becker stated it would be
enforced like any other nuisance complaint.
Williams wants the word wholesale deleted from the solar farm definition. Kreimer
asked if the Commission wanted a size exemption. The Commission felt 6 sf was a
reasonable exemption. Kreimer asked why they were saying a homeowners association
can’t forbid solar energy systems, he feels it should be up to them. Dorschner thinks the
rationale is that the City should want to promote clean energy.
Williams thinks they should be talking about ground mount and building mount vs roof
mount as a roof would not be the only place that solar could be mounted. Kreimer
asked what zoning districts the Commission feels the solar farms should be allowed in.
Williams suggested AG and Rural Districts only. Dodson asked if there is a limit on the
size of a solar farm. Becker stated that no size has been suggested. It is currently a CUP,
but if they wanted minimum acreage and maximum size, they would need to put
standards on it. There was discussion around if solar farms should be considered
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commercial and only allowed on commercial property or if they should be allowed in
other areas. The Commission discussed if there should be a 10 acre minimum. They
also discussed if the city would allow a solar farm to be a principle use. Kreimer is
wondering if the farm should be restricted to a certain percentage of the property like
maybe 25%. Wensman asked if the solar farm was the principal use, what would be the
front and side yard setbacks. Williams thinks there should be a greater setback if it is
more of a commercial use next to a residential use.
Williams wanted to talk about the condition of buckthorn control for the Royal Golf.
There was a condition that in return for relaxing the tree replacement ordinance by
50%, Royal Golf would initiate a program for Buckthorn control.
M/S/P: Williams/Fields, move to add to the existing condition the following sentence
“the applicant shall present a buckthorn control plan for approval by the City landscape
consultant who shall report at least once a year to the Planning Commission and City
Council on the plans progress and effectiveness”, Vote: 7-0, motion carried
unanimously.
Emerson feels it is throwing away a lot of money because he doesn’t feel that the
residents are going to continue it.
City Council Updates – April 4, 2017 Meeting
i) Inwood 5th Addition Final Plat and PUD Plans – approved
ii) Approve Comp Plan Amendment to City’s Wastewater facilities - approved
Staff Updates
1. Upcoming Meetings
a. April 24, 2017
b. May 8, 2017
2. MAC CEP Report
Commission Concerns
Williams is still uncomfortable not having a definition of mixed use. He doesn’t
understand why other Cities do not have it. Wensman stated that each use has its own
definition and if it is a mixed use, it combines more than one use. Williams would like to
see a definition.
Meeting adjourned at 10:35 pm
Respectfully submitted,
Joan Ziertman
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Lake Elmo Planning Commission Minutes; 4-10-17
Planning Program Assistant
STAFF REPORT
DATE: 4/24/2017
PUBLIC HEARING
ITEM #: 4a
TO: Planning Commission
FROM: Emily Becker, Planner
AGENDA ITEM: Rezoning Old Village GB – General Business District to VMX – Village
Mixed Use District
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Added Parcels. At its March 27, 2017 meeting, the Planning Commission reviewed a proposed
Zoning Map Amendment rezoning properties zoned GB – General Business District to VMX –
Village Mixed Use. After advertising the Public Hearing Notice, Staff had learned that there
were a number of Zoning Map errors with incorrect zoning classifications resulting in properties
that should have been included in the public notification for rezoning. Staff has sent out an
additional public hearing notice advertising the proposed rezoning of these aforementioned
properties.
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission should consider a Zoning Map Amendment rezoning additional
parcels to VMX - Village Mixed Use.
PROPOSAL DETAILS/ANALYSIS:
Staff Report from Last Meeting. The Staff Report from the last meeting at which the Zoning
Map Amendment was discussed is attached to this report to provide further detail, analysis, and
reason for the request.
Planning Commission Meeting April 24, 2017 Public Hearing Item #4a
Page 2
Two properties zoned GB – General Business that are guided for RAD – Rural Area
Development in the Comprehensive Plan. There are two properties that are guided for Rural
Area Development that are zoned GB – General Business District. These PID#s are
130.292.132.0052 and 130.292.132.0051, and Washington County classifies the use of these
parcels as commercial and residential, respectively. Because these properties are not guided for
VMX – Village Mixed use currently, they should not be rezoned to VMX. Staff recommends
that these properties be considered for rezoning after the 2040 Comprehensive Plan update
process that may re-designate or reconfirm the future land use plan for these properties.
GB – General Business References Recommended to Remain in Code. Due to the
aforementioned, it is recommended that references to the GB – General Business District remain
in the code for the two above-mentioned properties.
Schiltgen Parcel. PID# 130.292.124.0028 was added to the proposed Zoning Map Amendment.
This is the 31.78 acre vacant parcel on the east edge of the Village Area. The Commission
should consider whether this should be rezoned at this time or zoned at the time of a land use
application. The parcel is currently zoned RT – Rural Development Transitional. Typically a
property of this size is rezoned at the time of Preliminary Plat. Staff does not recommend
including this parcel at this time but has advertised for it in case the Commission wishes to
recommend rezoning it. This parcel was not included on the attached recommended ordinance.
FISCAL IMPACT:
See attached report dated March 27, 2017.
OPTIONS:
The Planning Commission may recommend any of the following:
1) Recommend Zoning Map Amendment rezoning all parcels listed on attached proposed
ordinance.
2) Recommend Zoning Map Amendment rezoning some of the parcels listed on attached
proposed ordinance.
3) Recommend not rezoning any parcels listed on attached proposed ordinance to VMX –
Village Mixed Use at this time.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of Ord. 08- adopting a
Zoning Map Amendment rezoning all parcels listed.
Planning Commission Meeting April 24, 2017 Public Hearing Item #4a
Page 3
“Move to recommend a Zoning Map Amendment rezoning properties outlined in Ord. 08- to
VMX – Village Mixed Use.”
ATTACHMENTS:
Staff Report from March 27, 2017
Ord. 08-___ rezoning GB parcels to VMX.
Village Land Use Map showing PID#s Advertised to be Rezoned to VMX
Land Use Map of Comprehensive Plan
STAFF REPORT
DATE: 03/27/2017
PUBLIC HEARING
ITEM #: 4a
TO: Planning Commission
FROM: Emily Becker, Planner
AGENDA ITEM: Rezoning Old Village GB – General Business District to VMX – Village
Mixed Use District
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Creation of VMX District. In November of 2013, creation of the Village Mixed Use District
was approved in support of the 2030 Comprehensive Plan update for the Village Planning Area.
The Village Mixed Use District was created to replace the existing intermingling of commercial,
residential, and public zoning classifications within the central portion of the Village area. While
the creation of the District was approved, the majority of the area for which it was meant has not
yet been rezoned. Currently, the majority of the parcels that are planned for VMX - Village
Mixed Use zoning are still zoned GB – General Business. Only three parcels within the City
have been rezoned to VMX thus far.
Former Planning Commission Review of Rezoning GB Parcels to VMX. The Planning
Commission discussed rezoning all parcels zoned GB – General Business District within the Old
Village to VMX – Village Mixed Use in June of 2016. The meeting minutes of this meeting are
attached for reference. Summarily, the Commission was not in favor at that time of this mass
rezoning for concern of the following:
That the densities within this area are guided too high.
That VMX district standards are less restrictive (higher maximum impervious surface,
additional permitted uses, smaller minimum building setbacks, etc.) than the GB district
standards.
That Form Based Code should be created for the Village.
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 2
That updated population and development projections for the areas guided for VMX in
the Old Village are needed.
Reconsideration Requested. At its February 27, 2017 meeting, the Commission again discussed
rezoning parcels within the Old Village from GB to VMX. This discussion was prompted by a
number of requests from residents to further develop or make improvements on their properties
located within the GB – General Business zoning district. Staff has found that a number of these
requests required rezoning to VMX, as the proposals did not meet the minimum requirements of
the GB – General Business District but did meet the requirements of the VMX – Village Mixed
Use District. Many infrastructure improvements have been made to the Old Village including
availability of city sewer and additional stormwater management. For these reasons, and because
updating the Zoning Map to change Village parcels to VMX consistent with the Comprehensive
Plan is an item on the 2017 Planning Department Work Plan, Staff would like the Planning
Commission to re-review rezoning GB parcels within the Old Village to VMX.
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission should consider rezoning the parcels currently zoned GB - General
Business District to VMX - Village Mixed Use. It should also consider removal of 154.034: GB
– General Business from the Zoning Code, along with all other references within the Code to the
GB – General Business zoning district, as this district will no longer exist on the Zoning Map.
PROPOSAL DETAILS/ANALYSIS:
Reason for Requesting Zoning Map Amendment Now vs. at Time of Development
Application. In order to ensure that the property is being developed according the
Comprehensive Plan, rezoning will typically occur at the time of a development application if a
parcel is not zoned in accordance with the Comprehensive Plan. However, as previously
mentioned, there are many non-conforming parcels within the GB – General Business zoning
district which cannot further develop or, in some cases, make simple improvements, as a non-
conformity may not be expanded. Rezoning these parcels will allow for owners to further
develop and/or make improvements without having to submit application and go through a
public hearing and approval process.
Number of Parcels Currently in the GB – General Business District. According to data
provided in the City’s Zoning Map, there are currently 83 parcels that are zoned GB – General
Business District. It should be noted that only those properties currently zoned GB are proposed
to be rezoned to VMX. There are some RS - Rural Single Family-zoned parcels that are guided
for VMX, however, these are not proposed to be rezoned.
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 3
Comparison Tables of Two Ordinances. In general, the proposed rezoning will allow a higher
degree of flexibility for site improvements and land development in the Village than is presently
permitted under the current ordinance. The following outlines differences in lot dimensions,
setback requirements, and permitted uses in the two districts. Staff has also provided a complete
draft the GB and VMX District regulations for review.
Permitted and Conditional Use Comparison. The following shows that there are a number of
uses that the VMX district either permits or allows with a conditional use permit that the GB
district does not. In some cases, the VMX is actually more restrictive, in that it requires a
conditional use permit for some uses that the GB district permits. It should be noted that current
properties that currently employ any of these land uses would not be required to obtain a
conditional use permit for such uses unless an expansion of the use was proposed or if the use
was discontinued for more than a year.
The VMX district permits the following uses that the GB district does not allow:
Single Family Detached
Single Family Attached
Two Family
Live Work Unit
Wayside Stand
Temporary Sales as Accessory Use
Parking Facility as Accessory Use
Solar Equipment as Accessory Use
The VMX districts allows the following conditional uses that the GB district does not allow:
Multi Family
Secondary Dwelling
Congregate Housing
Semi-Transient Accommodations
Schools
Funeral Home
Lodging
Trade Shop
Farmer’s Market
Gas Station
Parking Facility
Outdoor Recreation Facility
Parks and Open Areas
Indoor Athletic Facility
Broadcasting or Communication Facility
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 4
The VMX district requires a Conditional Use Permit for the following uses that the GB district
permits (does not require a Conditional Use Permit):
Group Residential Facility/Nursing and Personal Care (the GB district permits a
Boarding Care Facility with 15 residents max)
Public Assembly
Religious Institutions
Medical Facility
Membership Organization
Repair and Maintenance Shop
Veterinary Services
Restaurant with Drive Thru
Garden Center
Shopping Center
Automobile Maintenance Service
Sales and Storage Lots
Indoor Recreation (the GB district allows Family Entertainment Centers (no definition
provided))
Bed and Breakfast as Accessory Use
Group Family Day Care as Accessory Use
Lot Dimension and Setback Requirements Comparison. The table below compares the minimum
lot size requirements of the GB General Business District to those of the VMX District and
provides analysis on the differences.
Standard GB VMX Analysis
Minimum
Lot Area
1.5 acres Non-Residential Use:
None
Single Family
Detached Dwelling:
5,000 sf
Two-Family Dwelling
(per unit): 3,000 sf
Single-Family
Attached (per unit):
2,500 sf
Multi-Family Dwelling
(per unit): 1,800 sf
Live-Work Unit: 3,000
sf
The minimum lot size requirement of
1.5 acre most likely assumed that
properties within the GB district would
not be sewered. The entire Village Area
is now within the MUSA, and lots of
this size are no longer necessary to
provide wastewater treatment. It should
also be noted that properties that further
subdivide would be required to rezone
to VMX and would need to adhere to
the standards of the VMX district.
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 5
Other Structures: 3,500
sf
There are 50 parcels within the GB
district that do not meet its minimum lot
size requirement.
Maximum
Lot Area
None Residential Structures:
None
Other Structures: 5
acres
This would also only be applicable
when a property further subdivided,
which would already necessitate a
rezoning from GB to VMX.
Minimum
Lot Width
150 ft Single Family
Detached Dwelling: 50
ft
Two-Family Dwelling
(per unit): 30 ft.
Single-Family
Attached (per unit): 25
ft.
Multi-Family Dwelling
(per building): 75 ft.
Live-Work Unit: 25 ft.
The VMX minimum lot width
requirements are smaller than those of
the GB district, as the minimum lot size
requirements of the VMX district are
much smaller.
There are approximately 20 parcels
within the GB district that do not meet
the minimum lot width requirement.
Setbacks Front: 0 ft.
for Old
Village
Interior
Side: 0 ft.
for Old
Village
Side
(Corner): 50
ft.
Rear: 50 ft.
Front: 0-20 ft. (25 ft for
single family homes)
Interior Side: 10 ft. (for
properties abutting
residential uses)
Side (Corner): 0 ft. (or
maintain front setback of
adjacent property
adjoining street)
Rear: 10 ft.
This item has been discussed at previous
Planning Commission meetings. The
VMX ordinance is undergoing
revisions, and the Planning Commission
has suggested that because of the street
design of some areas within the Village,
there should be certain defined areas of
the VMX that have a build-to setback.
Maximum
Building
Height
35 ft 35 ft/3 stories Standard does not change.
Maximum
Impervious
Coverage
Residential
Structures:
75%
Other
Structures:
No Limit
Up to 4 acres: 40%
>4-8 acres: 35%
>8 acres: 25%
Many lots within the GB district do not
meet the maximum impervious surface
requirement. The Village has increased
stormwater management efforts, and
stormwater management plans will be
evaluated upon the receipt of land use
applications.
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 6
It is difficult to know without having
exact impervious surface calculations,
but one can see by looking from an
aerial that a vast majority of parcels
within the GB district do not meet the
maximum impervious surface
requirement.
Lot Config-
uration
Maximum
depth to
width ratio
no more
than 3:1
None
Septic
Drainage
Regulation
20,000 sf
dedicated for
septic
None All GB parcels within the Village would
be required to be sewered eventually, as
they are in the MUSA. This standard is
no longer applicable.
Density. The Comprehensive Plan guides the Village Mixed Use area for a density of 5-10
residential equivalency units per acre. Maximum lot size and no minimum lot size requirement
for the VMX district help to accomplish this higher density.
Form Based Code. Staff is also cognizant of the fact that the Planning Commission is in support
of implementing a Form Based Zoning for the VMX District, as is supported in the
Comprehensive Plan. Creation of a draft of a form-based code for the VMX zoning district is
currently on the 2017 Planning Department Workplan. The Commission should consider if it is
necessary for Form Based Code to be adopted before rezoning Village parcels to VMX. It should
be noted that the City can do nothing, short of enacting a moratoria, to prevent further
development within the area guided for VMX until a Form Based Code is adopted. The goal of
rezoning these parcels is to make non-conforming parcels conforming.
General Business District References No Longer Required in the Zoning Code. Currently,
the only parcels zoned GB – General Business are located in the Old Village. Rezoning these
parcels to VMX – Village Mixed Use will leave the GB – General Business District non-existent
on the Zoning Map. Therefore, Staff is recommending that Section 034, GB – General Business
be removed along with all other references to this zoning district.
Public Hearing Notices – Additional Consideration Requested. A public hearing notice was
published in the official City newspaper, and public hearing notices were sent out to property
owners within 350 feet of all properties zoned GB – General Business District. Staff received a
number of inquiries about the rezonings, asking for clarification. One resident was not in support
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 7
the rezonings, citing concerns of increased density and the ability for homeowners not being able
to keep a single family home. As previously mentioned in this report, GB-zoned parcels are still
guided for VMX, which means that a rezoning would need to occur when the property develops,
and any development may occur at the density which the Comprehensive Plan dictates.
Additionally, existing single family detached homes are a permitted use in the VMX.
Another comment that was received was that there are still a number of parcels that are guided
for VMX that were not zoned GB – General Business District (currently either zoned RS – Rural
Single Family, RT – Rural Development Transitional, or had no zoning classification on the
City’s Zoning Map), even though the land use of some of these parcels is not a single family
home. Staff has looked further in to this and have found that the following parcels are zoned RS
but are guided for VMX, yet are not used as single family homes. Please note that this list does
not include land that is guided for VMX yet is still used as single family homes. If the
Commission wishes to recommend rezoning all parcels that are guided for VMX to VMX, a
motion can be made to do so.
PID# Address Description
1302921230010 None Small strip of land south of and
owned by same owner as 3699
Laverne Avenue North (vacant)
1302921230026 None Small strip of land north of and
owned by same owner as 3520
Laverne Avenue North (vacant)
1302921230027 3520 Laverne Ave N Industrial Use per Washington
County Use Description
1302921230077 11127 Stillwater Blvd N Lake Elmo Oil
1302921320007 None Small strip of land near 33rd St
N (vacant)
1302921320010 None Paved area for Lake Elmo Inn
1302921240003 11179 Stillwater Blvd N Lake Elmo Repair Shop
Building
1302921230064 None Small strip of land west of
11799 Stillwater Blvd N
1302921230062 None Small strip of land east of and
owned by same owner as 11179
Stillwater Blvd N
1302921320009 None Small strip of land north of 33rd
St N
1302921320022 3504 Lake Elmo Ave N Owned by Lake Elmo Inn
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 8
1302921320008 None Small strip of land north of 33rd
St N
1302921230020 None Small strip of land used for
parking, owned by Christ
Lutheran Church
1302921320096 11123 Upper 33rd St N Owned by Grain on Main LLC
1302921230063 None Parking area for 11179
Stillwater Blvd N
1302921230018 None Parcel south of parking area for
11179 Stillwater Blvd N
1302921240028 None Schiltgen Property (31.78 acre
parcel)
1302921320086 None Small strip of land north of 33rd
St N
1302921320085 None Small piece of land west of and
owned by same owner as 11123
Upper 33rd St N
1302921320094 11320 Upper 33rd St N Storage building with parking
(parking shared with Lake Elmo
Inn)
The Commission should consider if the above-mentioned parcels should also be rezoned to
VMX. If the Commission recommends this, an additional public hearing notice would need to be
published, and it is recommended this item be tabled until the next meeting after which an
appropriate public hearing notice has been given for this Zoning Map Amendment to rezone
these parcels.
FISCAL IMPACT:
Rezoning the subject area to Village Mixed Use zoning will allow property owners to redevelop
or make improvements to their property in accordance with VMX standards, thereby allowing
greater flexibility. Not having to go through the process or pay the application fee for a Zoning
Map Amendment may further incent a property owner within the current GB district to make
improvements that otherwise may not be allowed under the GB district standards.
OPTIONS:
The Planning Commission may recommend any of the following:
1) Rezone all of the parcels located in the GB – General Business District to VMX – Village
Mixed Use and omit references to the GB district from the City Code.
Planning Commission Meeting March 27, 2017 Public Hearing Item #4a
Page 9
2) Rezone some of the parcels located in the GB – General Business District to VMX –
Village Mixed Use and not omit references to the GB district from the City Code.
3) Table discussion so that an additional public hearing notice may be published to include
the above-mentioned parcels in the Zoning Map Amendment rezoning properties to VMX
– Village Mixed Use.
4) Table discussion so that an additional public hearing notice may be published to include
all properties guided for VMX – Village Mixed Use in the Zoning Map Amendment
rezoning properties to VMX – Village Mixed Use.
5) Not rezone any parcels to VMX – Village Mixed Use at this time and leave references to
the GB district from the City Code for the time being.
RECOMMENDATION:
Staff recommends that the Planning Commission table tonight’s discussion so that an additional
public hearing notice may be published to include the above-mentioned parcels in the Zoning
Map Amendment rezoning properties to VMX – Village Mixed Use.
“Move to table this Zoning Map Amendment Discussion to rezone properties to VMX –
Village Mixed Use until an appropriate public hearing notice may be published to include the
above-mentioned properties in the Zoning Map Amendment.”
ATTACHMENTS:
GB District Regulations
VMX District Regulations
Ord. 08-___ rezoning GB parcels to VMX and omitting references to GB district from
City Code.
Current and Proposed Zoning Maps
PC Meeting Minutes from 6.13.2016.
III-3
the first drainfield is prohibited.
Maximum Width of
Primary Dwelling
All dwelling units must be at least 20 feet wide through the main
living area of the structure.
Footings The primary structure must have continuous frost footings.
Continuous frost footings are not required for porches, decks, and
other appendages so long as proper post type footings per existing
Building Codes are constructed.
Maximum Impervious
Surface Coverage
Maximum Width of
Driveways
See § 93.26
Signage See §§ 154.212
(1997 Code, § 300.07 Subd. 4.D) (Am. Ord. 97-192, passed 6-19-2007)
§ 154.034 GB – GENERAL BUSINESS.
A. Permitted uses and structures.
1. The following service/office uses:
General Business – Service/Office
Accounting
Advertising (Sign fabrication not permitted use)
Alterations
Apparel Cleaning Pick-up Stations
Apparel Repair and Alterations
Architectural
Art Gallery
Auditing
Bakeries (With production of bakery goods limited to
retail sales)
Barber Services
Beauty Shops
Bookkeeping
Business and Management Consultant
Offices
III-4
Business Associations
Cafes and Restaurants - Drive-up window (Menu boards and intercom systems
prohibited; Adequate vehicle stacking must be
provided)
Cafes and Restaurants (Limited to full table service operations)
Charitable
Chiropractic
Civic, Social and Fraternal Association
Offices and Halls
Collection and Adjustment Services
General Business – Service/Office
Credit Reporting (Consumer and Mercantile)
Dental
Detective and Protective Agencies
Duplication
Educational
Employment Agencies
Engineering
Finance
Galleries
Governmental Offices
Insurance
Investment
Labor Unions
Legal
Libraries
Mailing
Medical
Medical Services (The compounding, dispensing or retail sale of
drugs, prescription items, patient or proprietary
medicine, sick room supplies, prosthetic devices
or items relating to any of the foregoing when
conducted in the building occupied primarily by
medical, dental, osteopathic, chiropractic or
III-5
optometric offices)
Optometric
Osteopathic
Photo Gallery
Professional Membership Organizations
Real Estate
Religious
Scientific Research (Excluding laboratory facilities)
Shoe Repair
General Business – Service/Office
Stenographic Service
Therapeutic Massage (See licensing requirements in § 114.01)
Welfare Offices
(Am. Ord. 97-170, passed 5-2-2006; Am. Ord. 2012-064, passed 12-4-2012)
2. The following retail uses:
General Business - Retail
Antiques and Secondhand Merchandise
Apparel and Related Accessories
Automobile Repair and Services
Automobiles and Automobile Accessories
Bicycles
Books
Building Supplies
Cameras and Photographic Supplies
Cigars and Cigarettes
Drugs and Proprietary Items
Electrical Supplies
Flowers and Floral Accessories
Food and Grocery Products
Furniture
III-6
Gifts, Novelties and Souvenirs
Glass
Heating Equipment
Home Furnishings and Related Equipment
Jewelry
Liquors
Marine Craft and Accessories
Newspapers and Magazines
Nursery and Garden Supplies
General Business – Retail
Optical Goods
Paint
Pets
Plumbing Equipment
Sporting Goods
Stationery
Wallpaper
3. The following repair/service uses:
General Business – Repair/Service
Clock Repair
Electrical Repair and Supplies
Equipment–Rental and Leasing
Food Catering
Furniture Repair
Heating
Household Appliances
Jewelry Repair
Landscaping
Plumbing
Radio
III-7
Reupholstery
Television
Watch Repair
4. The following office uses (excluding equipment storage):
General Business - Office
Air Conditioning Contractor
Building Construction Contractor
Carpentry Contractor
General Business - Office
Decorating Contractor
Heating Contractor
Masonry Contractor
Painting Contractor
Plastering Contractor
Plumbing Contractor
Roofing Contractor
Sheet Metal Contractor
Stone Work Contractor
Tile Setting Contractor
Wallpaper Contractor
Water Well Drilling Contractor
Wood Flooring Contractor
5. Uses permitted by conditional use permit.
General Business - Conditional Use
Bed and Breakfast Facility 15 Beds Maximum
Boarding Care Facility 15 Residents Maximum
Day Care Centers 40 Children Maximum
Family Entertainment Centers
Fitness Studio Maximum floor area not to exceed 5,000 square feet
III-8
Kennels
Nursing Care Facility 15 Residents Maximum
Open Sales Lots
Manufacturing Any industrial manufacturing operation in existence
within the city at the effective date of this chapter,
including manufacture of wood products and plastic
products, may continue the use as a conforming use
without a conditional use permit. Nothing in this
provision shall otherwise be construed to require the
city to authorize any manufacturing use in the
General Business Zone after the effective date of this
chapter.
General Business - Conditional Use
Veterinary Clinics
(Am. Ord. 97-20, passed 10-21-1997; Am. Ord. 97-86, passed 10-2-2001; Am. Ord. 97-88,
passed 10-2-2001; Am. Ord. 97-138, passed 9-7-2004; Am. Ord. 2012-064, passed 12-4-2012)
6. General requirements.
a. All storage, services, repair or processing shall be conducted wholly within an
enclosed building or behind opaque fence or wall not less than 6 feet high,
except the outdoor display of merchandise;
b. Incineration of waste matter shall be conducted in approved equipment
located within the building wherein the permitted use is conducted;
c. Where a proposed GB development abuts on RR, R-1, R-2, R-3, R-4, or RE
district other than at a public street line, buffer provision shall be established.
There shall be provided a protective strip of not less than 35 feet in width.
The protective strip shall not be used for parking, off- street loading or storage
and shall be landscaped. The protective strip must be approved by the
Council as being in harmony with the residential neighborhood and providing
sufficient screening of the commercial area;
d. All lots must have at least 1 acre of land suitable for septic drainfields and
area sufficient for 2 separate and distinct drainfield sites. Placement of the
second required drainfield between the trenches of the first drainfield is
prohibited; and
e. Must meet all requirements of §§ 51.002 through 51.008.
B. Accessory uses. Uses which are clearly incidental and subordinate to the allowed uses.
(Am. Ord. 97-38, passed 11-17-1998)
C. Minimum district requirements.
III-9
1. The Old Village District shall be defined as the Old Village Sign District
described in § 151.117(S)(1)(a).
General Business
Lot Size 1-1/2 acres (except as required by Interstate Corridor Overlay
District, §§ 150.230 - 150.238)
Lot Width 150 Feet Minimum
Building Setback from property lines: (Also see § 154.082)
Front: 10 Feet Minimum
No setback required for properties located in the Old Village
District and south of Minnesota State Highway 5
Side (Interior): 20 Feet Minimum
No setback required for properties located in the Old Village
District and south of Minnesota State Highway 5
Side (Corner): 50 Feet Minimum
Rear: 50 Feet Minimum
Building Height (Also see
§ 154.083)
35 Feet Maximum
Maximum area to be covered by buildings, parking lots, driveways and other hard surfaces:
Up to 4 acres 40% of lot size
Larger than 4 acres to 8
acres
35% of lot size
Larger than 8 acres 25% of lot size
Lot Configuration Maximum lot depth to width dimension ratio shall be no more than
3:1
Lot Size Covered Area
Lot Configuration
Maximum Width of
Driveways
See § 93.26
Signage See §§ 154.212
Septic Drainage Regulation
(Also see §§ 51.002
through 51.008)
All newly subdivided lots shall have a minimum of 20,000 square
feet of land dedicated for septic system use and suitable for that
use. This land may comprise up to 2 separate areas, each of which
III-10
is contiguous to the 1.25-acre building site or contained within it,
and each of which contains at least 10,000 contiguous square feet.
Placement of the second required drainfield between the trenches
of the first drainfield is prohibited.
(1997 Code, § 300.07 Subd. 4.H) (Am. Ord. 08-030, passed 10-5-2010)
D. Performance standards.
1. Purpose and intent.
a. It is the purpose and intent of the city, by the adoption of the performance
standards of this division, to ensure commercial buildings constructed within
the city are of a high quality of exterior appearance, consistent with the terms
of Non-Residential Development Policy #5 of the 2000-2020 Lake Elmo
Comprehensive Plan. It is the finding of the city that a limited selection of
primary exterior surfacing materials meets this standard of quality.
b. It is the further finding of the city that several specific exterior surfacing
materials are appropriate, and of sufficient quality, to be utilized only as
accent materials in varying percentages. The variations of percentage of
specific accent materials relates to a finding by the city as to the relative
quality and rural character of those respective accent materials.
2. Architectural and site plan submittals. New building proposals shall include
architectural and site plans prepared by registered architect and shall show the
following as a minimum:
a. Elevations of all sides of the buildings;
b. Type and color of exterior building materials;
c. Typical general floor plans;
d. Dimensions of all structures; and
e. Location of trash containers, heating, cooling and ventilation equipment and
systems.
3. Applicability – structure additions and renovation.
a. Additions to existing structures resulting in an increase of gross floor area of
the structure of less than 100%; and/or installation of replacement exterior
surfacing of any portion of an existing structure shall be exempt from the
standards of this division where it is found that the new or replacement
exterior surfacing proposed is identical to that of the existing structure.
b. Where additions to an existing structure result in an increase in the gross floor
area of the existing structure of 100% or greater, the entire structure (existing
structure and structure addition) shall be subject to the standards of this
division.
III-11
4. Performance standards – primary exterior surfacing.
a. The primary exterior surfacing of structures shall be limited to natural brick,
stone, or glass. Artificial or thin veneer brick or stone less than nominal 4
inches thick shall not qualify as complying with this performance standard.
b. Primary exterior surface shall be defined as not less than 70% of the sum of
the area of all exterior walls of a structure nominally perpendicular to the
ground. All parapet or mansard surfaces extending above the ceiling height of
the structure shall be considered exterior surface for the purposes of this
division. Windows and glass doors shall be considered a primary surface, but
the sum area of this glass shall be deducted from the wall area for purposes of
the 70% primary/30% accent formulas of this chapter. Doors of any type of
material, except glass, shall not be considered a primary exterior surface.
c. Each wall of the structure shall be calculated separately and, individually
comply with the 70/30 formula.
5. Performance standard – exterior surfacing accents. Not more than 30% of the
exterior wall surfacing, as defined by division (D)(4) above, may be of the
following listed accent materials, but no single accent material, except natural
wood, may comprise more than 20% of the total of all accent materials; and, no
combustible materials shall be used:
a. Cedar, redwood, wood siding;
b. Cement fiber board;
c. Standing seam metal;
d. Architectural metal;
e. Stucco;
f. Poured in place concrete (excluding “tilt-up” panels);
g. Architectural metal panels; and
(Am. Ord. 97-175, passed 6-20-2006)
h. Porcelain or ceramic tile.
6.Performance Standard – Accessory Structures. All accessory structures shall
comply with the exterior surfacing requirements specified by this division (D).
7.Performance Standard – HVAC Units and Exterior Appurtenances.All exterior
equipment, HVAC and trash/recycling and dock areas shall be screened from
view of the public with the primary exterior materials used on the principal
structure.
8.Performance Standard – Visible Roofing Materials.Any roofing materials that
are visible from ground level shall be standing seam metal, fire-treated cedar
shakes, ceramic tile, clay tile, concrete or slate.
9.Applicability – New Construction.The standards of this division shall be
applicable to all structures and buildings constructed in the city, on and after the
XIII-1
ARTICLE XIII. VILLAGE MIXED USE DISTRICT
§ 154.500 PURPOSE AND DISTRICT DESCRIPTION.
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.
(Ord. 08-091, passed 11-13-2013)
§ 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 154.454 (A) and 154.505 (D).
3. 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.
4. 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.
5. 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.
XIII-2
Table 11-1: Permitted and Conditional Uses, VMX Districts
VMX Standard
Residential Uses
Household Living
Single-family detached dwelling P** See Restrictions in 155.504 (A)
Two-family dwelling P * See Restrictions in 155.504 (A)
Single-family attached dwelling C 154.505 (B)
Multifamily dwelling C 154.505 (C)
Secondary dwelling C 154.505 (D), 154.454 (C)
Live-work unit P 154.505 (J)
Group Living
Group Home P 154.012 (B) (1) (b), 154.301 (A)
Group Residential Facility C 154.012 (B) (1) (b), 154.301 (B)
Congregate Housing C 154.012 (B) (1) (b), 154.301 (C)
Semi-Transient Accommodations C 154.012 (B) (1) (b), 154.301 (D)
Public and Civic Uses
Community Services P 154.012 (B) (2)
Day Care Center P 154.012 (B) (2)
Public Assembly C 154.012 (B) (2)
Religious Institutions C 154.012 (B) (2), 154.303 (N)
Schools, Public and Private C 154.012 (B) (2), 154.303 (A)
Services
Business Services P 154.012 (B) (3)
Business Center P 154.012 (B) (3)
Offices P 154.012 (B) (3)
Communications Services P 154.012 (B) (3)
Education Services P 154.012 (B) (3), 154.303 (A)
Financial Institution P 154.012 (B) (3)
Funeral Home C 154.012 (B) (3)
Lodging C 154.012 (B) (3), 154.302 (D)
Medical Facility C 154.012 (B) (3), 154.303 (B)
Membership Organization C 154.012 (B) (3)
Nursing and Personal Care C 154.012 (B) (3), 154.303 (C)
Personal Services P 154.012 (B) (3)
Repair and Maintenance Shop C 154.012 (B) (3), 154.505 (E)
Trade Shop C 154.012 (B) (3), 154.505 (F)
Veterinary Services C 154.012 (B) (3), 154.505 (G)
VMX Standard
Food Services
Standard Restaurant P 154.012 (B) (4), 154.505 (L)
Restaurant with Drive-through C 154.012 (B) (4), 154.505 (L), 154.304 (A)
Drinking and Entertainment P 154.012 (B) (4), 154.505 (L), 154.304 (B)
Sales of Merchandise
XIII-3
Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection.
1. Retail Trade in the VMX District includes all uses and activities defined as Retail Trade
in §154.012 (B) (5) with the exception of building supplies sales and warehouse club
sales.
(Ord. 08-091, passed 11-13-2013)
§ 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.
Retail Trade 1 P 154.012 (B) (5)
Farmer’s Market C
Garden Center C 154.012 (B) (5), 154.505 (H)
Neighborhood Convenience Store P 154.012 (B) (5)
Shopping Center C 154.012 (B) (5)
Wayside Stand P
Automotive/Vehicular Uses
Automobile Maintenance Service C 154.505 (I)
Automobile Parts/Supply P 154.505 (I)
Gasoline Station C 154.305 (B)
Parking Facility C 154.505 (K)
Sales and Storage Lots C 154.305 (C)
Outdoor Recreation
Outdoor Recreation Facility C 154.306 (C)
Parks and Open Areas P 154.012 (B) (7)
Indoor Recreation/Entertainment
Indoor Athletic Facility C 154.012 (B) (7), 154.307 (A)
Indoor Recreation C 154.012 (B) (7), 154.307 (A)
Transportation and Communications
Broadcasting or Communications Facility C 154.012 (B) (11), 154.083
Accessory Uses
Home Occupation P 154.012 (B) (12)
Bed and Breakfast C 154.012 (B) (12)
Domestic Pets P 154.012 (B) (12)
Family Day Care P 154.012 (B) (12)
Group Family Day Care C 154.012 (B) (12)
Temporary Sales P 154.012 (B) (12)
Parking Facility P 154.505 (K)
Solar Equipment P 154.012 (B) (12), 154.310 (C)
Swimming Pools, Hot Tubs, Etc.P 154.012 (B) (12)
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P
XIII-4
Table 11-2: Lot Dimension and Setback Requirements, VMX District
VMX
Minimum Lot Area (sq. ft.)a
Non-Residential Use None
Single Family Detached Dwelling 5,000
Two-Family Dwelling (per unit) b 3,000
Single-Family Attached (per unit) c 2,500
Multi-Family Dwelling (per unit) 1,800
Secondary Dwelling See 154.454 (C)
Live-Work Unit 3,000
Congregate Housing See 154.301 (C)
Other Structures 3,500
Maximum Lot Area (acres)
Residential Structures N/A
Other Structures 5
Minimum Lot Width (feet)
Single Family Detached Dwelling 50
Two-Family Dwelling (per unit)b 30
Single-Family Attached (per unit)c 25
Multi-Family Dwelling (per building) 75
Live-Work Unit 25
Maximum Height (feet/stories)35/3 d
VMX
Maximum Impervious Coverage
Residential Structures 75%
Other Structures No Limit
Minimum Building Setbacks (feet)
Front Yard e See 154.506
Interior Side Yard f 10
Corner Side Yard g 0
Rear Yard 10
Notes to VMX 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
XIII-5
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.
e. The front yard setback for single family homes shall be 25 feet.
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.
(Ord. 08-091, passed 11-13-2013)
§ 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 are 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.
(Ord. 08-091, passed 11-13-2013)
§ 154.504 GENERAL SITE DESIGN CONSIDERATIONS – VMX DISTRICT.
Development of land within the VMX District shall follow established standards for traffic
circulation, landscape design, and other considerations as specified in Article 7, 8 and 9. (Ord.
08-152, passed 10-01-2016)
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.
XIII-6
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 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.
(Ord. 08-091, passed 11-13-2013)
§ 154.505 DEVELOPMENT STANDARDS FOR SPECIFIC USES.
Development of land within the VMX district shall follow established standards for traffic
circulation, landscape design, parking, signs and other considerations as specified in Articles 7, 8
and 9. The following standards apply to specific uses; other standards related to design and
building type may be found at §154.506. (Ord. 08-152, passed 10-01-2016)
A. Single-Family and Two-Family Dwellings
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.
B. Single-Family Attached Dwellings
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.
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.
XIII-7
4. 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. 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. Restricted to lots occupied by single-family dwellings, and must
meet the standards for secondary dwellings in residential districts, §154.454 (C).
E.Repair and Maintenance Shop. No outdoor storage is permitted unless fully screened
from public view.
F.Trade Shop. 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. All activities must be conducted within an enclosed building.
H. Garden Center.
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 Section 154.258 (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.
I. Automobile Maintenance Service and Automobile Parts/Supply.
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. 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.
XIII-8
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. 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.
L.Outdoor Dining Accessory to Food Services. 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.
(Ord 08-091, passed 11-13-2013)
§ 154.506 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 permit
or certificate 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 permit or certificate. For those
applications under this Ordinance that require review by the Planning
Commission, 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.
XIII-9
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;
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.
(Ord 08-091, passed 11-13-2013)
§ 154.507 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.
(Ord 08-091, passed 11-13-2013)
XIII-10
§154.508 RESIDENTIAL ACCESSORY STRUCTURES, VILLAGE MIXED-USE
DISTRICT.
A.Attached Structures, Village Mixed-Use District.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, Mixed-Use District
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
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.
2. The width of the attached garage shall not exceed 40% of the width of the entire
principal building façade (including garage) fronting the primary street.
3. Attached garages shall not exceed one thousand (1,000) square feet in area at the
ground floor level except by conditional use permit.
4. Garage doors or openings shall not exceed fourteen (14) feet in height.
C.Detached Structures, Village Mixed-Use District.Detached accessory structures that are
accessory to permitted residential structures in the VMX District shall adhere to 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. 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.
XIII-11
D.Exterior Design and Color, All Accessory Structures. The exterior building materials,
design and color of all accessory building or structures shall be similar to or compatible
with the principal building, with the exception of the following accessory building or
structures:
1. Gazebos
2. Swimming pools
3. Tennis and sport courts
4. Other structures in which the required design is integral to the intended use, such
as a greenhouse.
(Ord. 08-104, passed 3-18-2014) Penalty, see § 154.999
§ 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 Sections 154.404 and 154.210.
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.
(Ord 08-091, passed 11-13-2013)
§ 154.510 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 9, 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.
(Ord 08-091, passed 11-13-2013) (Ord. 08-152, passed 10-01-2016)
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO AND AMENDING
THE ZONING CODE BY OMITTING SECTION 034: GB – GENERAL BUSINESS
SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following
properties to be rezoned from GB – General Business to VMX – Village Mixed Use:
PIDs:
1302921230055 1302921320001 1302921320052 1302921210010 1302921120013
1302921230057 1302921230038 1302921320026 1302921320012 1302921120010
1302921230058 1302921230037 1302921230007 1302921240022 1302921120016
1302921320021 1302921320019 1302921320046 1302921220007 1302921120012
1302921230068 1302921210013 1302921230059 1302921220023 1302921120009
1302921320025 1302921210014 1302921310017 1302921220018 1302921120011
1302921230070 1302921210011 1302921210016 1302921220016 1302921120015
1302921320049 1302921210012 1302921310016 1302921220017 1302921120014
1302921320051 1302921210015 1302921230046 1302921220019 1302921220008
1302921320048 1302921320041 1302921230065 1302921220022 1302921220010
1302921320047 1302921320042 1302921230053 1302921220021 1302921240016
1302921240020 1302921320083 1302921240024 1302921220020 1302921220012
1302921310003 1302921230054 1302921240019 1302921240021 1302921230071
1302921230056 1302921210001 1302921240017 1302921210006 1302921210007
1302921320032 1302921320005 1302921230067 1302921220002 1302921220013
1302921320027 1302921230025 1302921240025 1302921220011 1302921220014
1302921210009 1302921230004 1302921210002
SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official Zoning Map
of the City of Lake Elmo.
SECTION 3. The City Council of the City of Lake Elmo hereby strikes Title XV: Land
Usage; Chapter 154: Zoning Code; by repealing Section 154.034: GB – General
Business in its entirety.
SECTION 4. The City Council of the City of Lake Elmo hereby strikes reference to
154.034: GB – General Business District from the Table of Contents of Chapter
154: Zoning Code of Title XV: Land Usage.
2
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 030: Classifications by eliminating
the following:
§ 154.030 CLASSIFICATIONS.
For the purpose of this chapter, all land in the city is divided into zoning districts. The
zoning districts shall be identified by the following classifications, including those districts
identified in § 154.350:
(A) R-2 One- and Two-Family Residential
(B) GB General Business
(C) B OP Open Space Preservation District
(D) C OZD Overlay Zoning Use District
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code; Section 212: Sign Regulations; Table 5-3 to
read the following:
Ground Signs
Zoning Districts Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR BP, C, CC, GB,
LC, VMX
No. of
Total
Traffic
Lanes
Speed
Limit
(MPH)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
Max Height/
Area (Sq. Ft.)
1-3 0-34 - 6’/32 10’/32
35-44 - 6’/32 10’/50
45+ - 6’/32 10’/72
4-5 0-34 - 6’/32 10’/40
35-44 - 6’/32 10’/64
45+ - 6’/32 12’/80
SECTION 7. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 150.116: [Wireless Communications] Zoning Requirements to
read the following:
3
§ 150.116 ZONING REQUIREMENTS.
(A) Wireless communications facilities that require a conditional use permit, including the
installation of a new tower, shall be permitted in the following districts and subject to the
following height restrictions provided they meet all other requirements of this subchapter.
Zoning District Maximum Height (in feet) Minimum Parcel Area
A- Agriculture 125 10
RR - Rural Residential Zoning 125 5
R-1, R-2, R-3 and R-4 Urban Residential 125 2.5
OP - Open Space 125 2.5
RE - Residential Estates 125 2.5
GB , LB, CB, HB - Business 125 5
BP - Business Park 125 5
PF - Public Facility 125 None
SECTION 8. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 153.14: Park Land Dedication Requirements to read the
following:
Zoning Districts Minimum Required Land Dedication
GB , LB, HB, BP, CB, Fee as set by Council resolution
C, CC, LC, VMX, BP Fee as set by Council resolution
RR and AG with OP Conditional Use Permit 7%
RR and AG with OP-A Conditional Use Permit 10%
SECTION 9. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 10. Adoption Date. This Ordinance 08-___ was adopted on this _____ day
of ________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
4
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________,
2017.
Current Zoning Proposed Zoning (Only includes parcels included in the
Public Hearing Notice – see next page for parcels added in Staff report)
Proposed Zoning (includes parcels that were included in tonight’s Staff report but were not advertised in public hearing)
The aqua-outlined VMX-zoned parcels are those that
were added in the Staff Report that were not zoned
GB
5
Lake Elmo Planning Commission Minutes; 6-13-16
Public hearing opened at 8:34 pm
No one spoke and there was no written comments received.
Public hearing closed at 8:35 pm
Dunn would like to see the option of sewer or private septic. She doesn’t think that
they should be forced to connect to sewer. Wensman stated that the comprehensive
Plan is not in compliance with the projects that we are doing. If we don’t do this
amendment, the land use designation would need to be changed.
M/S/P: Fields/Dodson, Move to recommend the City Council approve the
comprehensive plan text amendment to amend the planned land use category in the
Comprehensive Land Use Plan to read as written, Vote: 5-1, motion carried. Dunn
voted no because she feels it is important that people have an option regarding
connection.
Business Item – Zoning Text Amendment to discuss the VMX Zoning Text .
Wensman began his presentation by showing the areas that are zoned as general
business, but guided as VMX in the Comprehensive Plan. To bring the zoning into
compliance with the Comprehensive Plan, Wensman would like to see these properties
rezoned. Wensman believes by rezoning, it would actually eliminate some non
conformities. The area that would change the most, would be in the Northern area by
39th Street. Wensman stated that this was intended to bring the district more in
conformance than it is now and should be done as a district vs. one at a time. If there
are things about the district that the Commission does not like, then changes should be
made to the district.
Dunn feels that the premise is based on the Village Master Plan. Where is the master
plan? Wensman stated that the plan was based on transfer of density and he is not sure
what happened to that plan. Dunn did a rough calculation on what could be done if the
maximum densities were used. With her calculation, there is potential for upwards of
3000 people. She feels it is quite intense and not appropriate for this target area. She
would like to see more work done on the reductions for the comprehensive plan and
possibly look at form based code. Dunn would like to see the Comprehensive Plan
revisited as soon as possible for population reductions. She thinks we should take our
time and do this right.
Dunn pointed out some of the differences between GB and VMX. She feels one of the
biggest differences is the impervious surface coverage maximum goes from 40% based
on acreage in GB to 75% in VMX.
6
Lake Elmo Planning Commission Minutes; 6-13-16
Fields is confused because if the comprehensive plan is guided the way we want it, the
rezoning should happen. If we are considering if the guiding is correct, then it should
not be rezoned, but should be discussed what the guiding should be.
Larson thinks that what brings the guiding for VMX into question is that the density of
this area is in transition. Larson understands the feeling of discomfort as this zone is
less restrictive. There are still a lot of questions that make it uncomfortable for people
to buy into this zone.
Williams thinks it would be good to ask the City Council if past projections of population
in this area are still valid.
Dodson is wondering how big a project form based code is. Wensman stated that it is
something that takes some technical skill to do and it would need to be contracted out.
Williams thinks it would help facilitate the vision, but would not be necessary to do the
rezone.
M/:Dunn/, Move to recommend not rezoning the parcels to VMX until the City Council
can review the target numbers and there is a form based code, motion dies for lack of
second.
M/S/P: Williams/Dunn, Move to ask the City Council to give the Planning Commission
guidance on updated population and development projections for the areas guided for
VMX in the Old Village, Vote: 6-0, motion carried unanimously.
Fields would like to know what the driving force was for the VMX. If it was to bring
more people to the downtown to make it more vibrant, or if it was to meet the Met
Council mandates for housing population. Williams recollection was that it was for both
of those reasons in addition to form based code to make it a more picturesque
downtown and to incorporate business and residential in the same building, which
general business does not do.
M/S/P: Williams/Dodson, Move to ask the City Council to approve funds for a consultant
to work on a form based code for the downtown Old Village, Vote: 6-0, motion carried
unanimously.
Fields would like any information that he could get on form based code. Williams
believes that the City has a couple of videos on this topic.
Staff Updates
1. Upcoming Meetings
a. June 27, 2016
b. July 11, 2016
7
Lake Elmo Planning Commission Minutes; 6-13-16
Commission Concerns
Dunn asked about the AUAR. Wensman stated that the City is overdue for the update
and it is in the City Engineers hands right now.
Meeting adjourned at 9:28 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO AND AMENDING
THE ZONING CODE BY OMITTING SECTION 034: GB – GENERAL BUSINESS
SECTION 1. The City Council of the City of Lake Elmo hereby ordains the following
properties to be rezoned from GB – General Business to VMX – Village Mixed Use:
PIDs:
1302921230055 1302921320001 1302921320052 1302921210010 1302921120013
1302921230057 1302921230038 1302921320026 1302921320012 1302921120010
1302921230058 1302921230037 1302921230007 1302921240022 1302921120016
1302921320021 1302921320019 1302921320046 1302921220007 1302921120012
1302921230068 1302921210013 1302921230059 1302921220023 1302921120009
1302921320025 1302921210014 1302921310017 1302921220018 1302921120011
1302921230070 1302921210011 1302921210016 1302921220016 1302921120015
1302921320049 1302921210012 1302921310016 1302921220017 1302921120014
1302921320051 1302921210015 1302921230046 1302921220019 1302921220008
1302921320048 1302921320041 1302921230065 1302921220022 1302921220010
1302921320047 1302921320042 1302921230053 1302921220021 1302921240016
1302921240020 1302921320083 1302921240024 1302921220020 1302921220012
1302921310003 1302921230054 1302921240019 1302921240021 1302921230071
1302921230056 1302921210001 1302921240017 1302921210006 1302921210007
1302921320032 1302921320005 1302921230067 1302921220002 1302921220013
1302921320027 1302921230025 1302921240025 1302921220011 1302921220014
1302921230063 1302921230036 1302921210009 1302921230004 1302921210002
1302921320022 1302921230062 1302921230064 1302921320086 1302921320007
1302921320009 1302921320008 1302921320010 1302921320085 1302921320096
1302921320094 1302921230077 1302921230027 1302921230018 1302921230026
1302921230010
SECTION 2. The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official Zoning Map
of the City of Lake Elmo.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
2
SECTION 4. 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.
RT
Schiltgen
Property
Vacant
Land
PID
130.292.12
4.0028
GB
130.292.12
2.0013
Zoned
VMX
GB
130.292.1
22.0014
GB
130.292.1
21.0007
GB
130.292.1
21.0010-
16
GB
130.292.1
21.0009
GB
130.292.1
12.0009-
0016
GB
130.292.1
12.0002
GB
130.292.122.0
008
GB
130.292.122.0007
GB
130.292.122.0007
GB
130.292.122.0007
GB
130.292.122.0007
GB
130.292.122.0016-
23
GB
130.292.121.0006
Zoned
VMX
GB
130.292.122.0002
GB
130.292.122.0002
GB
130.292.122.0
011
GB
130.292.123.0
004
GB
130.2
92.12
4.002
5
GB
130.2
92.12
4.001
6
GB
130.2
92.12
4.001
7
GB
130.292.124.0019,
130.292.124.0022,
130.292.124.0021,
130.292.124.0024,
130.292.131.0017,
130.292.124.0020,
130.292.132.0083,
130.292.131.0003,
130.292.131.0016
GB
130.2
92.12
3.000
7
Resid
ential
GB
130.292.123.0065
&
130.292.123.0046
GB
130.2
92.12
3.007
7
Resid
ential
Residential
RS
Owned by Lake Elmo
Inn
130.292.123.0036 &
130.292.132.0022
Guided for RAD –
zoned GB
130.292.132.0052 &
130.292.132.0051
GB
130.292.123.0038 &
130.292.123.0037
VMX Residential
GB – 130.292.123.0025
RS –
130.292.123.0036 &
130.292.123.0027
GB
130.292.123.0054,
130.292.123.0058,
130.292.123.0057,
130.292.123.0056,
130.292.123.0059,
130.292.123.0025,
130.292.132.0026,
130.292.132.0027,
130.292.132.0041,
130.292.132.0042,
130.292.132.0021,
130.292.132.0019,
130.292.132.0046,
130.292.132.0047,
130.292.132.0048,
130.292.132.0049,
130.292.132.0001,
130.292.132.0005,
130.292.132.0032
130.292.132.0086,
130.292.132.0007,
130.292.132.0009,
130.292.132.0008,
130.292.132.0010,
130.292.132.0085,
130.292.132.0096,
130.292.132.0094
Future Land Use Map of Village
Showing PID#s Advertised for
Rezoning to VMX – Village Mixed Use
Sources: Washington County & Metro GIS3-26-2015
5
Lake Elmo Comprehensive Plan 2030
Map 3-3
Village Open Space OverlayMunicipal Boundary
White hatching denotes possible m ixed use areas
Planned Land Use
Planned Land Uses
CommercialLimited Business
Business Park
Urban High Density
Urban Low DensityUrban Medium Density
Village Mixed UseVillage Urban Low DensityVillage Urban Medium Density
Residential EstateRural Area Development
Rural Single Family
Public/Park
31.95
Wildflower: Units: 145 Acres: 117Gross Density: 1.23Net Density: 4
Village Park PreserveUnits: 104Acres: 64Gross Density: 1.625Net Density: 2.2
Easton VillageUnits: 217Acres: 98.47Gross Density: 2.20Net Density: 2.5
Village PreserveUnits: 91Acres: 40Gross Density: 2.275Net Density: 2.64
Gonyea West (Under Contract)Units: 213Acres: 99Gross Density: 2.15Net Density: 2.5
Easton Village Parcel BTotal Acres: 45.55Area Guided LDR: 34.86Units Allow ed by Gross Den sity of1.5 - 2.4 9 U nits/Acre:52-86Units Allowed by Net Density of 1.5-2.49 Units/Acre(a ssu ming 15% unbu ilda ble-29 .63 acres):44-73
Easton Village Parcels A Acres: 46 Area Guided MDR: 33.83 acresUnits Allowed byGross Density 2.5-4.99 Units/Acre: 84-168 unitsUnits Allowed by Net Density 2.5-4.99 Units/Acre:(assuming 15% unbuildable = 28.75 acres )71-143
Screa ton ParcelAcres: 2 3.7 8Units Allow ed by Gross Den sity of1.5 - 2.4 9 U nits/Acre:35-59Units Allowed by Net Density of 1.5 -2 .49 Un its/Acre:(assuming 15% unbuildable=20.2 acres)30-50
VMX-Guided Parcels: 164.4 acresUnits Allow ed by Ne t Density of 5-10 Units/Acre:(assuming 15% unbuildable=139.74 acres)698-139 7Undeveloped Acreage: 62.8Potential New Units inUndeveloped Acre ageUsing Density of 5-10 Units/Acre: (assuming 15%unbuildable=53.38 acres)266-533
27THKEATS
24TH
M A N N I N G
K I M B R O
32ND S T N
L E G I O N
L A K E E L M O
32 N D
S T I L L W A T E R
L A Y T O N
44TH
L I L A C
L
A
M
P
E
R
T
K L O N D I K E
31ST
K R A F T33RD
P
R
I
V
A
T
E
L
A
N
SING
30TH
M
E
N
D
E
L
44THSTREET
L I L Y
LISBON
AVENUE
43RD
L I S B O N
2 4 T H
L A K E
E L M O
32ND
L A K E
E L M O
M
A
N
N
I
N
G
44TH
K
L O
N
D
I K
E
LEGION
30TH
M A N N I N G
M A N N I N G
3 2 N D
L A K E E L M O
3 0 T H30TH 30 TH
L I S B O N
3 3 R D
M A N N I N G
43RD
S T I L L W A T E R
L
I
S
B
O
N
2 4 T H
2 4 T H
4 4 T H
L E G I O N
L A K E E L M O
S T I L L W A T E R
L E G I O N
30TH
Sources: Washington County & Metro GIS12-16-2016
5
7.51
Parcels G uided in Village D istrict
Land Use
Expe cted Pe r Village Master Plan
Development/Parcel Under Contract, Prelim Plat or Final Plat
Planned or Approved Development
Possible Future Development
Gonye a West 213 Screaton Parcel 35 59 30 50
Vill age Preserve 91 Easton Village Parce l A 84 168 71 143
Wil dfl ower 145Easton Vil lage 217Village Park Preserve 104Total Pl anned/Approve d Development Units:770 Possi ble Future Units :171 313 145 266
V MX Zoning District 200-300 Arbor Glen 48 Vacant Parcel s in VMX District 266 533
Pote nti al Redevelopment i n VMX District 398 1397
Possible # of Units (based on net density) Low High
44 73
V -LDR and V -MDR Zoning Districts
800
Possible # of Units (based on gross density Low High
Easton Village Parce l B 52 86
STAFF REPORT
DATE: 4/24/17
AGENDA ITEM: 4B – PUBLIC HEARING
CASE # 2017-15
TO: Planning Commission
ITEM: Royal Golf Club at Lake Elmo Grading Permit
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a grading permit request from HC Golf Course
Development LLC to grade the first phase of the Royal Golf Club at Lake Elmo development. The
developer proposes to excavate over 400 cubic yards per acre of site area, triggering the need for a
public hearing, Planning Commission review and Council approval. Typically preliminary grading is
conducted after preliminary plat approval and in association with approved preliminary grading
plans. The developer is requesting a grading permit outside of the preliminary plat process in order to
facilitate early grading in the event the preliminary plat approval is delayed. In either case, the
grading will be conducted according to grading plans which will substantially conform to the
preliminary PUD plans that have been prepared and reviewed to date and are anticipated for approval
with some modifications. Grading is also subject to meeting City standards for erosion control,
Valley Branch Watershed District (VBWD) approval and an NPDES permit. Grading prior to plat
approval does not guarantee approval of the preliminary plat and is conducted at the developer’s own
risk. In approving this grading activity the developer will be asked to acknowledge as part of the
grading agreement that grading rework will likely be required as necessary to conform to the final
approved Plat and construction plans.
GENERAL INFORMATION
Applicant: HC Golf Course Development, LLC
Property Owner: HC Golf Course Development, LLC, 11074 Radisson Road NE, Blaine, MN
55449
Location: Former 3M Tartan Park, PIDs: 25-029-21-12-0001, 25-029-21-13-0001, 25-
029-21-14-0001, 25-029-21-21-0001, 25-029-21-31-0001, 25-029-21-42-
0001, 25-029-21-43-0001, 25-029-21-43-0002, and 25-029-21-44-0002
Request: Grading Permit Approval
Grading Site Area: 73 acres
2
PUBLIC HEARING ITEM 4b – ACTION ITEM
Deadline for Action: Application Complete – 3/28/17
60 Day Deadline –
Extension Letter Mailed – No
120 Day Deadline –
Applicable Code: Article V Zoning Administration and Enforcement
§150.270 Storm Water, Erosion, and Sediment Control
Article III – Environmental Performance Standards
REQUEST DETAILS
HC Golf Course Development is requesting a grading permit prior to preliminary plat approval.
Because of the proposed grading exceeds 400 cu. yds. per site area, the request requires a public
hearing, Commission review and Council approval.
The developer is requesting a permit to move 224,000 cubic yards of material, not including
subgrade corrections and trench borrow, on 73 acres and to remove existing trees to begin grading
the planned phase 1 Royal Golf Club at Lake Elmo planned subdivision. The Planning Commission
reviewed and recommended approval of the preliminary plat and preliminary PUD Plans on March
28, 2017, and the preliminary plat and PUD plans will likely be reviewed by the City Council at the
May 16, 2017 City Council meeting. The comprehensive plan amendment to allow the development
to proceed was submitted to the Metropolitan Council on 3/27/17 and is presently under review. The
Metropolitan Council has 60 days to review the amendment.
PLANNING AND ZONING ISSUES
Tree Preservation Plans. An approved Tree Preservation Plan is required prior to issuance of a
grading permit. The developer prepared a Tree Preservation Plan for the phase 1 grading that also
shows tree preservation for all phases of the Royal with the preliminary plat application which has
not been approved, however, the planned removal within phase 1 grading area is below the threshold
for required tree replacement if considering the entire plat area. However, if the grading is viewed as
a stand along project and future phases and future tree replacement do not occur, then the developer
is 5.4% over the allowed 30% tree removal. Staff recommends that an escrow be established for the
5.4% of the caliper inches removed to cover tree replacement. The escrow can be released once tree
replacement occurs for future phases.
VBWD Permit. A Valley Branch Watershed District permit will be required prior to any grading
work being done. The grading permit will be conditioned on VBWD approval. The VBWD has
previously identified issues with the planned infiltration basins and other issues that the developer is
working through. At this time, the developer does not believe the issues will impact to the proposed
preliminary plat. At the time this report was written, the VBWD had not completed their review.
Shoreland. A portion of the grading is within the shorelands of Downs and Horseshoe Lakes. The
proposed grading is consistent with the Article 17 – Shoreland Management Overlay District
regulations. An EAW was prepared for the Royal Golf Club at Lake Elmo development and the
proposed grading is consistent with the environmental review and the City made a negative
declaration for an EIS.
Construction Access. Construction access was not identified on the grading plans as required. The
developer had indicated that desired construction access would be off of Manning Trail and 10th
3
PUBLIC HEARING ITEM 4b – ACTION ITEM
Street. The grading plans will be required to be updated to identify construction access for the project
prior to the start of construction.
Future Utility Work. As discussed in the applicant’s narrative, there will be utility work associated
with the development project, but this work will occur subsequent to the site grading. The applicant
has proposed to install some utilities under a Site Work Agreement prior to final plat approval. If
approved by the City a Site Work Agreement will be required to provide the needed protections,
securities and escrows for the public utility improvements.
Engineering Review. The engineering review for the Phase 1 Grading and Erosion Control Plans is
ongoing as additional plan changes are being made to address VBWD permit requirements and City
engineering design standards. The Phase 1 Grading and Erosion Control Plans will need to be
approved for construction by the City Engineer prior to any grading permit being issued.
DRAFT CONDITIONS OF APPROVAL:
Staff is recommending approval of the grading permit for HC Golf Course Development to conduct
the Phase 1 grading activities on the properties with the following draft conditions:
1. That no utility work shall occur under the Grading Agreement.
2. That site access to the property be limited to 20th Street and 10th Street South and that the
locations be identified on the grading plans.
3. That tree protection fencing be completed prior to grading and that the locations be staked
and field inspected prior to installation.
4. That a tree replacement escrow be established in the Grading Agreement to cover 5.4% tree
replacement of the 16,643.68 caliper inches being removed.
5. That the Developer enter into a Grading Agreement with the City acceptable to the City
Attorney that delineates that the developer is responsible for the design, construction, and
payment of the required improvements with financial guarantees therefore.
6. That no grading commence on the site until the Phase 1 grading and erosion control plans
are approved by the City Engineer, the Grading Agreement is executed, the financial
securities are in place, and a preconstruction meeting has been conducted with City staff.
7. That a Valley Branch Watershed District Permit and MPCA NPDES Permit are obtained
and that all conditions of the permits are complied with.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed grading:
1. That the Royal Golf Club at Lake Elmo preliminary plat has not been approved by the City
Council.
2. That the proposed Phase 1 grading will be allowed under the terms and conditions of a
grading agreement approved by the City Attorney prior to preliminary or final plat approval
at the developer’s sole risk and does not provide any development entitlement.
3. That a Tree Preservation Plan was submitted with the grading plan that clearly articulates the
impacts to the woodlands on the site and addresses tree protection and replacement
responsibilities.
4
PUBLIC HEARING ITEM 4b – ACTION ITEM
4. That grading will be conducted on site with no off site impacts beyond normal development
activities.
5. That the Phase 1 grading and erosion control plans have been reviewed and approved for
mass grading operations on the site with conditions complying with the City’s Storm Water,
Erosion, and Sediment Control, and Tree Preservation ordinances and design standards.
RECOMENDATION:
Staff recommends that the Planning Commission recommend approval of the grading permit with the
conditions of approval as listed in the Staff report. Suggested motion:
“Move to recommend approval of the grading permit to grade the first phase of the proposed Royal
Golf Club at Lake Elmo plat area with 7 conditions based on the findings in the staff report.”
ATTACHMENTS:
1. Application Narrative
2. Royal Golf Club at Lake Elmo Grading, Development and Erosion Control Plans dated 4/7/17
3. Tree Preservation Plan
THE ROYAL GOLF CLUB
Grading Permit
March 27, 2017
Background
Tartan Park, 3M’s private 27-hole golf course and recreational facility was purchased by H.C.
Golf Course Development, LLC in March of 2016. Since that time, the golf course
reconstruction and proposed clubhouse renovation have begun with an expected opening
Summer of 2017. H.C. Golf applied for a Comprehensive Plan Amendment on September 12,
2016. This application was approved, conditioned on Metropolitan Council approval, January 9,
2017. The EAW for the Royal Golf Club was approved by the City Council on January 17, 2017
and the Zoning Text Amendment for the new Golf Course Community designation was
approved on February 7th, 2017. The applicant has prepared a Shoreland PUD/Cluster
evaluation that is in the final stages of review by the City of Lake Elmo. On September 8, 2016,
H.C. Golf requested that the City undertake a Water Supply study based on the City Engineer’s
recommendation during the Concept Plan review. The study is complete, the recommended
changes to RGC’s water looping system have been made. RGC has obtained its required
Wetland Alteration Permits and received approval of the Wetland Replacement Plan. The
Planning Commission is expected to give approval the preliminary plat March 27, 2017.
Due to the need to finish a first phase of development by the end of 2017, the surrounding
cities taking their full 60 days to comment on the CPA, and with the same time of review
expected by the Met Council, it is necessary to apply for a grading permit prior to the
preliminary plat process finishing in its entirety.
Project Phasing
➢ Development Phasing
The first phase of development (installation of streets and utilities directly serving
platted lots) will be the northeast side of the site. This comprises 84 lots, both villa and
traditional single family) and the streets to serve them. The sewer to serve these lots
comes from the intersection of Lake Elmo Ave. and 10th Street so a 1.5 mile forcemain
will need to be installed across the golf course and down 10th to serve this phase. The
first phase is served by water from the intersection of 20th Street and Lake Elmo Ave.
This arrangement is unusual in that developers generally try to develop nearest the
infrastructure source to minimize front end costs. In this case, due to the County
requirement that the clubhouse be hooked up to sewer and water with 24 months of
sewer being available to the site. This requirement economically makes development of
the east side the most efficient.
➢ Utility Phasing
As mentioned above, extensive utility work is needed to serve the first phase and
clubhouse. As such, RGC will be requesting a “Site Development Agreement” to extend
certain utilities once preliminary plat approval is obtained but prior to receiving final
plat approval. There two segments of the utilities that this agreement will apply to.
One segment is the watermain along 20th Street to Phase 1. This watermain will not be
“hooked up” to anything in Phase 1; it will simply be “brought” to Phase 1.
Additionally, to facilitate restoration of the golf course so that grass can grow back in
this summer, the Site Development Agreement will allow for the construction of the
forcemain, watermain, sanitary sewer, and storm sewer within the golf course limits.
The sewer and water lines will not be energized – they are put in solely to shrink the
construction schedule and allow the course to heal over the summer. The storm sewer
will connect Pond 10 to Horseshoe Lake. This pipe (and pond) will likely be dry until the
subdivision storm sewer system is installed. The forcemain and the watermain will not
be hooked up to anything until after final plat and final utility plan approvals. Because
these are not as “elevation sensitive” like infrastructure in the subdivision, they can be
put in first and any needed adjustments can be made when they are hooked up to the
lift stations and subdivision watermains. The sanitary sewer serve line will serve the
clubhouse, fitness center and maintenance building; there is sufficient enough grade in
the sewer line serving these buildings that we are not concerned with grade. Again, this
pipe will not be energized; this is expected in 2019.
The remaining utilities (subdivision utilities to serve lots) will all be put in under the
normal process – final plat with Developers Agreement, final approval of construction
plans, securities, plat recordation.
➢ Grading Phasing
The Phase 1 grading encompasses the NE area of the site in addition to the SW corner.
Because a second phase of development will likely occur early in 2018 (in the SW corner
of the site), it is preferable to grade this portion in late 2017 in advance of utility
construction in Spring of 2018. Additionally, there is a certain amount of grad ing in this
area that will be necessary to bring sewer down to the lift station located on 10th street.
Grading Specifics
During the Phase 1 grading, approximately 73 acres will be disturbed, creating a common
excavation quantity of 224,000 cubic yards, not including subgrade corrections and trench
borrow. A large excavation will be created in the corner of 20th Street and Manning Trail to
replace the floodplain that was filled to provide for an entrance to 20th Street. There will also
be the necessary stormwater treatment and infiltration basins required by City ordinance and
VBWD rules. All disturbed areas will be restored with seeding and fiber blankets per rule and
ordinance.
There are several retaining walls shown as part of the grading plans. At this time, it is expected
that walls 5’ tall or less will be constructed of large limestone blocks and that walls in excess of
5’ will be of poured concrete with a limestone-like pattern. As more information regarding
costs are obtained, it may be decided that all walls will be made with large limestone blocks. All
walls will be maintained by the Homeowners Association.
Tree Preservation
Tree preservation plans for Phase 1 grading are included. A spreadsheet is also included
showing all the trees in Phase 1 along with the expected removal. As shown, t he tree removal
with Phase 1 is 12% therefore not triggering any replacement. Regardless, the landscaping for
the Phase 1 plat (84 lots) will contain landscaping that will be counted toward future tree
replacement when those phases occur.
Wetland Impacts
Wetland 16 on the attached plans will be excavated with this phase. This alteration has been
permitted through the required agencies; the replacement will be by way of purchasing
wetland credits.
An MnPCA permit has been applied for and acquired.
Sincerely,
Rick Packer
President
H.C. Golf Land, LLC.
STAFF REPORT
DATE: 4/24/2017
PUBLIC HEARING
ITEM #: 4c
MOTION
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: Solar Energy Ordinance
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The creation of a solar garden/solar power ordinance is an item on the 2017 Planning Commission Work
Plan. The Planning Commission reviewed drafts of an ordinance at its March 27 and April 10 meetings.
Staff has amended the proposed ordinance for the Planning Commission’s review and public hearing.
ISSUE BEFORE COMMISSION:
The Planning Commission is being asked to hold a public hearing and make recommendation on the
proposed Solar Energy Ordinance.
PROPOSAL DETAILS/ANALYSIS:
Changes since Last Meeting. Staff has made the following changes to the proposed solar energy systems
ordinance due to feedback from the Commission:
“Rooftop Systems.” This was changed to Building-Integrated Solar Energy Systems.
Solar Farms. The Commission had suggested that Solar Farms should be allowed in the Rural Residential
and Agricultural zoning districts. A Zoning Map has been attached to this report for the Commission to
review to consider where solar farms would be allowed if located within the aforementioned rural districts.
At this meeting, the Commission is only being asked to make recommendation on the standards set forth
for Solar Farms, as the public hearing notice only advertised a Zoning Text Amendment setting forth
additional standards for a Solar Energy Ordinance. An additional public hearing notice for a Zoning Text
Amendment to the specific zoning district in which Solar Farms are proposed to be allowed needs to be
published (i.e. an amendment to Article XI: Rural Districts). The specific development standards for Solar
Farms within rural districts would be added to Article XI. This has been prepared as a separate ordinance
for Commission review.
Solar Farm Standards. The Commission suggested a number of standards for Solar Farms at its
last meeting. Additionally, Commissioner Hartley prepared an email suggesting a number of
Planning Commission Meeting 4/24/2017 Business Item #4c
Page 2
standards; this email is attached for reference. Based on this feedback, Staff has drafted the
following changes to the Solar Farms ordinance:
Definition. Based on Commissioner Hartley’s feedback, Staff has changed the definition of
Solar Farms. Commissioner Hartley indicated in the attached email to Staff that the definition
of Solar Farms should not be based solely on the selling of power, as solar energy systems trade
power back and forth with the power grid. He suggested instead that the distinction be based
on the area of the installed solar array. Specifically, he suggested that solar energy systems
2000 square feet in size or larger be categorized as solar farms, based on the size of common
solar farms rooftop installations.
Minimum Lot Size. Property must have a minimum of 10 acres.
Screening. Staff is suggesting that screening be required for properties with solar farms, as long
as the screening does not inhibit capturing of solar energy.
Maximum percentage of coverage.
o The Zoning Code does not set forth maximum impervious surface requirements for the
Rural Residential, Rural Development Transitional and Agricultural zoning districts,
so it would not be applicable to apply the maximum impervious surface requirements
of this zoning district to solar farms. Staff has proposed that solar farms not exceed
25% of the lot area. The Commission should consider if this is an appropriate coverage
percentage. This would be in addition to the maximum size and number of accessory
structures allowed in these districts, which varies based on lot size.
Setbacks. The following table indicates setbacks required by Code. The proposed ordinance
requires that solar farms be subject to accessory structure setback requirements of the zoning
district in which the solar farm is located. The Commission should consider if there should be
additional setback requirements for solar farms, or if these requirements are sufficient.
RT A RR
Maximum Impervious Coverage - - -
Minimum Accessory Building Setbacks (feet)
Front Yard 30 200 30
Interior Side Yard 10 200 10
Corner Side Yard g 25 200 25
Rear Yard 40 200 40
FISCAL IMPACT:
None.
OPTIONS:
The Commission may wish to:
Recommend adoption of Ord. 08-173 setting forth additional standards for solar energy systems.
Planning Commission Meeting 4/24/2017 Business Item #4c
Page 3
Not recommend adoption of Ord. 08-173 setting forth additional standards for solar energy systems.
Table item.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend adoption of Ord. 08-173 and provide
feedback on proposed amendment to the Rural Districts Article of the Zoning Code.
“Move to recommend adoption of Ord. 08-173 setting forth additional standards for solar energy
systems.”
ATTACHMENTS:
Draft Ordinances
Zoning Map
Email from Commissioner Hartley
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-173
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING ADDITIONAL STANDARDS FOR SOLAR ENERGY SYSTEMS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (12) by amending
the definition of Solar Equipment and adding one definition relating to solar energy
systems:
Solar Farm. A commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology,
for the principal purpose of generating electricity to off-site customers. Any solar energy system
over 2000 square feet in size shall be considered a solar farm.
Solar Equipment Energy System. Any solar collector, skylight, or other solar energy device
whose A device or structural design feature, a primary purpose of which is to provide for the
collection, storage, and distribution of solar energy for space heating, cooling, water heating,
providing daylight for interior lighting, or for power generation.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.310 (C) to read as follows.
Solar Energy Systems. Solar energy systems and solar structures are permitted accessory uses in
all districts, provided the system or equipment is in compliance with minimum lot requirements
and setback standards set forth below.
1. Building-Integrated Solar Energy Systems.
a. These systems are permitted accessory uses in all districts in which buildings are
permitted.
b. Visibility, Commercial Installations. Commercial rooftop systems shall be placed
on the roof to limit visibility from the public right-of-way or to blend into the roof
design, provided that minimizing visibility still allows the property owner to
reasonably capture solar energy.
2. Ground-Mount Solar Energy Systems.
a. Ground-mount energy systems are permitted accessory uses in all districts where
buildings are permitted.
b. A solar structure Ground-mount energy systems must comply with all accessory
structure setback, height, size and number and lot coverage restrictions unless
otherwise stated herein or a variance is granted and shall not encroach on any City
easement unless an easement encroachment agreement approved by the Planning
Director or his/her designee after review and approval from the City Engineer or
his/her designee has been executed. A certificate of zoning compliance is required
2
for all solar energy systems unless a conditional use permit is required as stated
herein.
i. The collector surface of a ground-mount system and any foundation,
compacted soil, or other component of the solar installation that rests on
the ground is considered impervious surface. Vegetated ground under the
collector surface can be used to mitigate stormwater runoff.
c. Exemptions. Solar energy systems of a size of six square feet or less may be
exempt from zoning district setback requirements.
3. Interconnection Agreement. All electric solar energy systems that are connected to the
electric distribution or transmission system through the existing service of the primary
use on the site shall obtain an interconnection agreement with the electric utility in whose
service territory the system is located. Solar energy systems connected directly to the
distribution or transmission system must obtain an interconnection agreement with the
interconnecting electric utility. Systems that are not directly connected to the grid or not
connected to the electric system of a building that is connected to the gird are exempt
from this requirement.
4. Glare. Glare produced from any solar energy system shall be minimized from affecting
adjacent or nearby properties. Measures to minimize glare include selective placement of
the system, screening of the solar array, modifying the orientation of the system, reducing
use of the reflector system, or other remedies that limit glare.
a. Mirror Reflecting Designed Solar Energy Systems. Mirror reflecting designed
solar energy systems are permitted only on properties with five (5) acres or larger.
A conditional use permit is required and more restrictive setback standards may
be required upon review of the conditional use permit.
5. Code Requirements. Electric solar system componements that are connected to a building
electric system must have an Underwriters Laboratory (UL) listing. All solar installations
must comply with the Minnesota and National Electric Code. All rooftop or building
integrated solar energy systems require a building permit and shall comply with the
Minnesota Building Code. Solar thermal hot water systems shall comply with applicable
Minnesota State Plumbing Code requirements.
6. Decommissioning. A decommissioning plan shall be required to ensure that facilities are
properly removed after their useful life. Decommissioning of solar panels must occur in
the event they are not in use for 12 consecutive months. The plan shall include provisions
for removal of all structures and foundations, restoration of soil and vegetation and a plan
ensuring financial resources will be available to fully decommission the site. The City
may require the posting of a bond, letter of credit or the establishement of an escrow to
ensure proper decommissioning.
7. Easements Allowed. Solar easements may be filed, consistent with Minnesota Stat.
Chapter 500 Section 30. Any building owner can purchase an easement across
neighboring properties to protect access to sunlight. The easement is purchased or
granted by owners of neighborhing properties and can apply to buildings, trees, or other
structures that would diminish solar access.
8. Restrictions on Solar Energy Systems Limited. No homeowners’ agreement, covenant,
common interest community, or other contract between multiple property owners within
a subdivision shall forbid installation of solar energy systems or create design standards
that effectively preclude solar energy installations.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
3
SECTION 4. 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.
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
ADDING SOLAR FARMS AS A CONDITIONAL USE WITHIN THE RURAL
RESIDENTIAL AND AGRICULTURAL ZONING DISTRICTS; ADDING SOLAR
FARMS AS AN INTERIM USE IN THE RURAL DEVELOPMENT TRANSITIONAL
ZONING DISTRICT; AND SETTING FORTH SPECIFIC DEVELOPMENT
STANDARDS FOR SOLAR FARMS IN RURAL DISTRICTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted,
Conditional, and Interim Uses to read as follows.
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household Living
Single-Family Detached Dwelling P P P P P 154.404 (A)
Secondary Dwelling - P - - - 154.404 (D)
Services
Self Service Storage Facility Ia Ia - - - 154.404 (G)
Outdoor Recreation
Outdoor Recreation Facility - C - - - 154.306 (C)
Parks and Open Areas P P P P P 154.012 (B) (7)
Restricted Recreation - C - - - 154.306 (B)
Agricultural and Related Uses
Agricultural Entertainment Business I I I - - 154.914
Agricultural Production P P P - - 154.012 (B) (9)
Agricultural Sales Business I I I - - 154.913
Agricultural Services C C - - - 154.404 (J)
Forestry Operations - P - - - 154.012 (B) (9)
Greenhouses, Non Retail C C C - - 154.012 (B) (9)
Wayside Stand P P P - - 154.012 (B) (9)
Solar Farms - C C - - 154.404 (K), 154.310 (C)
Industrial and Extractive Uses
Motor Freight and Warehousing Ia - - - - 154.404 (G)
Accessory Uses
Bed and Breakfast C C C - - 154.012 (B) (12)
Domestic Pets P P P P P 154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.012 (B) (12)
2
Kennel, Private C C C - - 154.012 (B) (12)
Solar Equipment P P P P P 154.310 (C)
Solar Farms - C C - - 154.404 (K), 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.404: Site and
Development Standards by adding the following.
K. Solar Farm.
1. Minimum Lot Size. Solar farms shall be allowed as a conditional use on properties of 10
acres in size or larger.
2. Maximum Coverage. Ground-mount solar farm arrays shall not cover more than 25% of
the property.
3. Setback Requirements. Ground-mount solar farms shall be subject to accessory structure
setback requirements of the zoning district in which the solar farm is located.
4. Stormwater and NPDES. Ground-mount solar farms are subject to the City’s and
watershed district’s stormwater management and erosion and sediment control provisions
and NPDES permit requirements.
5. Screening. Screening along the boundaries of adjacent properties may be required
through landscaping, fencing, berm, or other means, provided that screening does not
inhibit the capture of solar energy.
6. Foundations. A qualified engineer shall certify that the foundation and design of the solar
panels, racking and support is within accepted professional standards, given local soil and
climate conditions.
7. Power and communication lines. Power and communication lines running between banks
of solar panels and to nearby electric substations or interconnections with buildings shall
be buried underground. Exemptions may be granted by the City in instances where
shallow bedrock, water courses, or other elements of the natural landscape interfere with
the ability to bury lines, or distance makes undergrounding feasible, at the discretion of
the Planning Director.
RT A RR RS RE Standard
Water-Oriented Accessory Structures P P P P P 154.800
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses
P P P P P
Commercial Wedding Ceremony Venue I I I 154.310 (D)
Open Space Preservation Development
OP Development - C P* C
P*
- - *Permitted through
the Planned Unit
Development Process
Article 16
3
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. 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.
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0
LAWNVIEW DR
B ST
T A M A RACK
V I L L A GERD
W O O D B U R Y D R T O E B I 9 4
HUDSON RD
I ST C ST
T A M A R A C K B A Y
HUDSON BLVD
FOURTHST N
E
S
T
L
I
T
T
L
E
B
LUESTEM L N N
F
S
T
D
S
T
WBI94 TOINWOODAVEN KEATS AVE
N
T
O
W
B
I
9
4
ELENAAVE N
RADIO D RTOEBI94
TAMARACK RD
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PL
LONGLAKEDR
IRISAVEN
H A D LEY
L N N
H
A
L
L
M
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R
K
C
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N
46T HSTN
T R OONCT
JUL
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P
WAY
FONTAINECT
HILL
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A
L
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K I N G F ISHER L N
HEATHERCIR N
UPPER
44TH ST
N
L
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N
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DR
46
T
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CI
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N
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LN
25TH ST N
JU
L
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AV
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N
O
A
K
L
N
N
UPPER19THSTN
17THSTN
S P R I
N
G
V I E W A
L
C
SPRING LN
HEL
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N
WAY
N
14 T HSTN
H Y D RAMWAY N
S E T T L E R S
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HADLEY
A
V
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N
L E G I O N LN N
H
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31S
T
STR
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D
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DEER POND TRL N
G S T
S
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M
M
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W
IN
D
R
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EB HWY36TOSBI694
LINDEN TRL N
WBHWY36 TO WB I 6 9 4
GR
E
N
W
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RD
N
P E N D R Y N
H I L L A L C
HE
L
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N
H O L M OA
KLNN
BARONSWAY
ROSCOERD
27TH STREETCIR N
N
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N
G
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L
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B I E L E N B E R G D R
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51STST N
I N W O O D A V E
N T O W B I 9 4
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R
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S
H
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N
UPPER16TH ST N
37TH STREETCT N
UPPE R 1 7 TH ST N
MARQUE
S
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L
N
LEG IO NLNCT N
P R ESERVEALC
N
O
R
T
H
L
A
N
D
A
V
E
STILLWATER BLVD N
23RD ST N
JUDD TRL
HI
L
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CT
N
DELANO
D
R
31ST ST N
16THSTR
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E
T
CT
N
MI
N
A
R
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V
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S
17
T
H
S
T
R
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E
T
CT
N
H E L MO
P L N
W O O D D U C K
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29THST N
SPRIN
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HILLDR
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N
T
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R
S
T
A
T
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6
9
4
W O O D D U C K D R
NORTHL
A
N
D
CT
5
6THSTN
H E R O NAVE N
H E L E N A
C T N
5THST S
HUDSON RD S
31ST
STRE E TCTN
44TH ST N
10TH ST N
F
A
L
C O N
R
I
D
G
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28TH ST N
BRE
W
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R
S
L
N
H E L E N A
L N N
40TH ST N
U P P E R22NDST N
K L O N D IK
E
A V E
N
B I RC
H BA R K T R L N
PENDRYN
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RANC HRD
MS
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MARK G R A F S
LA K E D R
DE
L
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N
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33RD ST N
L A K E
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EaglePointLake
DownsLake
HorseshoeLake
ArmstrongLake GooseLake
RoseLake
MarksgrafLake
LakeOlson
LakeDeMontreville
Lake Elmo Zoning Map
Map upated by Sambatek on 2-23-16
E
Zoning Districts
GB
A
BP
C
CC
RE
RR
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RT
General
Village_Area
Lakes
Lake Elmo Boundary
Shoreland District Boundary
Watershed Districts
Browns Creek
Cottage Grove Ravine
Valley Branch
OP
PF
HDR
MDR-PUD
MDR
R2-PUD
LC
LC-PUD
LDR
LDR-PUD
Solar Farms recommended
BUSINESS ITEM 5a
STAFF REPORT
DATE: 4/24/2017
BUSINESS ITEM
ITEM #: 5A CASE # 2017-01
MOTION
TO: Easton Village 2nd Addition Final Plat
FROM: Emily Becker, City Planner
REVIEWED BY: Stephen Wensman, Planning Director
Jack Griffin, City Engineer
BACKGROUND:
The Planning Commission is being asked to consider a Final Plat request from Chase Development
for the 2nd Addition of Easton Village, a planned 217 unit residential development. The 2nd Addition
includes 19 single family lots that are located within 5.2 acres on the eastern portion of the
subdivision and extended above the northern boundary of the 1st Addition. Staff is recommending
approval of the request subject to conditions listed in this report.
ISSUE BEFORE COMMISSION:
The Commission is being asked to recommend approval or denial of the Final Plat request for the 2nd
Addition of Easton Village based on its consistency with the approved Preliminary Plat.
PROPOSAL DETAILS/ANALYSIS:
General Information.
Applicant: Chase Development, 2140 West County Road 42, Burnsville, MN
Property Owners: Easton Village, LLC (Tom Wolter) 2140 West County Road 42, Burnsville, MN
Location: Section 12 & 13, Township 29 North, Range 21 West in Lake Elmo, north of
30th Street, west of Manning Avenue, and south of the Union Pacific railroad
right-of-way. Part of Outlot F, Easton Village, Washington County, Minnesota.
PID Number 13.029.21.42.0025.
Request: Application for final plat approval of a 19 unit residential subdivision to be
named Easton Village.
Zoning: LDR – Limited Density Residential
Surrounding: North – vacant/agricultural land (RT – Rural Transitional); West – single family
home, City park, natural vegetation (PF – Public and Quasi Public Open Space;
South – vacant land (LDR – Limited Density Residential); East – Lake Elmo
Airport (Baytown Township).
Comp. Plan: Village Urban Low Density Residential (1.5 - 2.49 units per acre)
2
BUSINESS ITEM 5a
History: Property was included in Village Planning Area boundary and municipal sewer
service area as defined in the 2013 Village Land Use Plan. Site has historically
been used for faming activities, including the growing of agricultural crops.
Sketch Plan review by Planning Commission on 1/27/14 with Preliminary Plat
approval on July 15, 2014. An AUAR for the Village Planning area was
approved by the City in May of 2009.
Action Deadline: Application Complete – 3/22/2017
60 Day Deadline – 5/21/2017
Extension Letter Mailed – N/A
120 Day Deadline – N/A
Regulations: Chapter 153 – Subdivision Regulations
Article XII – Urban Residential Districts (LDR)
§150.270 Storm Water, Erosion, and Sediment Control
Consistency with Preliminary Plat.
Previously Revised Preliminary Plat. Prior to the 1st Addition Final Plat approval, the approved
Preliminary Plat was revised in December of 2014 to address the following:
• The need to reconfigure the temporary access into the subdivision.
• Revisions to the grading plan.
• Adjustments to the property boundaries adjacent to the gas line that bisects the site .
• The provision of a slightly larger buffer from the railroad tracks.
• Revisions to the storm water management plan.
The 2nd Addition Final Plat application was compared against these revised Preliminary Plans
(December, 2014).
Increased Number of Lots. The revised Preliminary Plat did not significantly change the lot
configuration or density of the 2nd Addition. However, the number of lots as proposed in the 2nd
Addition Final Plat was increased by 1.
• # of lots in area proposed as 2nd Addition in approved and revised Preliminary Plat: 18
• # of lots in proposed 2nd Addition Final Plat: 19
Preliminary Plat Revision #2. Staff has requested that the applicant submit another revised
preliminary plat that will show how future phases will offset the density increase proposed for the
2nd and 3rd Additions. Application for Easton Village 3rd Addition was submitted with the 2nd
Addition final plat, but was deemed incomplete. The 3rd Addition proposes two additional lots than
proposed in the December 2014 preliminary plat. The revised preliminary plat is attached.
Decreased Lot Sizes.
The table below shows the lot sizes in the area proposed as 2nd Addition in the December 2014
Preliminary Plat as compared to the proposed 2nd Addition Final Plat:
Lot Block Revised Preliminary Plat Final Plat
1 1 10,043 9,817
2 1 8,450 9,091
3 1 8,450 9,750
3
BUSINESS ITEM 5a
4 1 10,187 9,267
5 1 11,923 8,673
6 1 ---- 10,736
7 1 10,905 8,310
8 1 9,458 10,292
9 1 11,638 9,592
10 1 8,925 8,145
11 1 8,354 8,917
12 11 8,450 9,116
13 1 8,450 8,455
14 1 10,468 11,089
1 2 9,750 8,890
2 2 8,266 8,658
3 2 8,688 8,020
4 2 8,687 9,942
5 2 8,907 10,463
Area of Wetlands and Buffers: None proposed.
Final Area of Dedicated of (Non-Arterial) Right-of-Way: 1.136
Outlots. There are no outlots as part of this plat.
Engineering Comments. Attached is the City Engineer review letter dated April 12, 2017.
Summarily, the construction plans will need to be updated according to these comments, and
construction may not begin until the Applicant has obtained approval for the Final Construction
Plans.
Easements. 2nd Addition plats a portion of Outlot F of Easton Village 1st Addition. This Outlot has
three easements recorded against it, a permanent easement for drainage and utility purposes, and a
temporary access easement which terminates upon replatting of Outlot F and a temporary
construction easement which terminates after a one year warranty period after completion of
installing the public and utility and drainageway.
Temporary Cul-de-Sac. The Applicant is proposing a temporary cul-de-sac off of Linden Avenue
North. It is a recommended condition of approval that the Applicant provide a temporary road
easement over this cul-de-sac.
Parkland.
Missing Trail. The Preliminary Plat was approved on the condition that a trail be constructed
between Lots 13 and 14 of Block 3 as shown on the December 2014 Preliminary Plat as presented to
the Planning Commission on January 16, 2015. This was a Staff recommended condition based on
Sketch Plan review at the City Council. The Sketch Plan included this trail connection. Council had
4
BUSINESS ITEM 5a
expressed concerned about the walkability of the neighborhood as a result of the many cul-de-sacs
within the neighborhood. According to meeting minutes, the Parks Commission did not make
recommendation to add this specific condition but rather was concerned about the walkability of the
neighborhood.
In the 2nd Addition application narrative and during meetings with Staff, the applicant has stated that
the trail connection shown on the Preliminary Plat has been eliminated because they have found that
customers who purchase cul-de-sac lots generally do so because of the added security and privacy
they provide for families. Additionally, the Applicant has stated that the elimination of the cul -de-sac
would help facilitate the design of wider lots and a mixture of lots to create more variety and options
for builders.
The Parks Commission reviewed the 2nd Addition Final Plat at its April 17, 2017 meeting, and they
did not see it necessary for this connection to be kept, as it does not provide overall connectivity from
the development to the Village or other areas of the City.
The Commission should consider whether or not the trail and outlot can be removed as proposed.
Parkland Dedication. No parks or open space are proposed with the 2nd Addition, however, 3.99
acres of parkland was dedicated with the 1st Addition.
As mentioned above, the revised Preliminary Plat showed a 0.07 acre trail outlot for which the
developer would have received dedication credit for in this phase of the development. The approved
Developer Agreement of the 1st Addition states that the developer shall be required to dedicate 9.84
acres of land for public park purposes for the entire subdivision, and the 1st Addition provided 3.99
acres of land. The future project phases were to either dedicate the remaining 5.85 acres of park land
or cash payment in lieu of dedication. If the removed trail connection is approved, no parkland
dedication credit will be given towards this phase, and the developer should be required to pay a
parkland dedication fee for the value of 0.52 acres of land for this phase (10% of the acreage of the
Final Plat area of 5.2 acres). An assessment has not been done on the value of this land, and this will
need to done prior to approval of the Developer Agreement. The Developer Agreement will outline
the determined amount the developer is to pay.
Updated Preliminary Plans. The Applicant has updated Preliminary Plans in order to show how
changes made to both 2nd and 3rd Additions since the previously approved Preliminary Plans
submitted December of 2014 will work. These Preliminary Plans have been reviewed and approved
by the City Engineer.
Village Parkway Extended. The Applicant has shown Village Parkway extended all the way
adjacent to 2nd Addition. While access to 2nd Addition will not be provided by Village Parkway, it is
city policy that all public improvements that are adjacent to any proposed lots be included in the Plat
and constructed as part of the Plat improvements. The main reasoning behind this is so that potential
buyers of homes on these lots are aware that a road will be constructed adjacent to their lots.
Landscape Plans. The applicant is proposing 19 trees within the 2nd Addition, which is not
consistent with updated Preliminary Landscape Plans.
The Applicant submitted updated Preliminary Landscape Plans along with application for 1st
Addition Final Plat, dated 12/17/2014 in response to comments provided by the City’s
Landscape Architect in a review letter dated 12/3/2014.
The Applicant has not shown in the Landscape Plans landscaping along the extension of
Village Parkway. The Landscape Plans will need to be updated to include these plantings.
5
BUSINESS ITEM 5a
The Applicant is proposing Scarlet Jewel Maples and Redmond Linden where some Autumn
Blaze Maples were proposed on the Preliminary Plan, and tree placement is a bit different
than provided in the Preliminary Plan, as shown below for comparison.
The Landscape Plan does not include utility locations. The Plans will need to be updated to
include this.
The Preliminary Landscape Plan Review letter dated December 2, 2014 required that
landscape irrigation plans be provided for all commonly held HOA & City Outlots/ROW
areas. While there are no commonly held HOA or City Oulots within the 2nd Addition, the
irrigation plans will need to be provided for the ROW area along Village Parkway when this
is included in the updated Landscape Plans.
A Landscape Maintenance Agreement will need to be provided for all City ROW areas.
Street Naming. The proposed street names are consistent with Lake Elmo’s Street Naming Policy.
While there is a Linden Avenue North in the Sanctuary Development, Easton Village 1st Addition
Final Plat was approved with the name of Linden Avenue North, and the Linden Avenue in 2nd
Addition is a direct extension of the Linden Avenue of 1st Addition.
Village Parkway. Staff is considering/exploring some changes to the Village Parkway design to
allow tree planting between the trail/sidewalk and the street, to eliminate the irrigat ion requirement,
changing the turfgrass sod to salt tolerant sod or no-mow, and potentially modifying the soil
requirements to support plant establishment without irrigation.
Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for
obtaining final subdivision approval, in which case a final plat may only be reviewed after the City
takes action on a preliminary plat. As long as the final plat is consistent with the preliminary
approval, it must be approved by the City. Please note that the City’s approval of the Easton Village
Preliminary Plat did include a series of conditions that must be met by the applicant, which are
addressed in the “Review and Analysis” section below. There are no public hearing requirements for
a final plat.
In order to provide the Planning Commission with an update concerning the conditions associated
with the preliminary plat for Easton Village, Staff has prepared the following:
Preliminary Plat Conditions – With Staff Update Comments (updated information in bold
italics):
1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the
applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the
applicant shall pay all fees associated with the preliminary plat. The above conditions shall be
met prior to the City accepting an application for final plat and prior to the commencement of any
grading activity on the site. Comments: a) all title work will need to be submitted and reviewed
by the City Attorney before City officials sign the final plat; b) the applicant has submitted an
escrow payment with Final Plat application that is being used to cover Staff and consultant
expenses related to the City’s review.
2) The grading plan shall be updated to include the protective tree fencing necessary to preserve all
vegetative areas identified for protection around the 5.15 acre residential parcel to the west of the
subdivision. Comments: The grading plan has been updated accordingly. All disturbed areas
6
BUSINESS ITEM 5a
are shown on the plan, and the applicant will need to replace disturbed tress in accordance
with the City’s tree replacement schedule.
3) The applicant shall work with the City and Washington County to identify and reserve sufficient
space for a future trail corridor along the western right-of-way line of Manning Avenue.
Comments: The proposed Manning Avenue right-of-way is consistent with County
requirements, as the planned roadway segment includes room for trails on one or both sides of
the right-of-way. The County’s future plans for Manning Avenue include a trail along the
western side of this road.
4) The applicant shall submit a landscape plan prepared by landscape architect for review and
approval by the City. The landscape plan submittal will include a tree protection and
replacement plan consistent with City ordinances. Comments: The applicant submitted
updated Preliminary Landscape Plans dated 12/17/2014 with the application for 1st Addition
Final Plat. The 2nd Addition landscape plans are incomplete and will need to be revised for
City review and approval.
5) The final plat will incorporate all review comments from the City’s landscape architect, including
the selection and mix of plantings within storm water basins and infiltration areas. Comments:
Please see above condition.
6) The landscape plan shall include additional plantings around the Northern Natural Gas utility
site. Comments: This condition is not relevant to the 2nd Addition Final Plat as there is no gas
easement in this portion of the development.
7) The proposed access to Manning Avenue will be permitted as a temporary access until such time
that the Village Parkway is connected to 30th Street. The construction plans will be updated to
reflect the temporary nature of this street. Comments: The applicant asked during the 1st
Addition Final Plat that this provision be updated to state that the temporary access will be
allowed for a minimum of five years. Staff was supportive of this revision and has updated the
proposed conditions the 1st Addition Final Plat approval to reflect the change. This condition
is not relevant to the 2nd Addition Final Plat.
8) The applicant shall be responsible for the construction of all improvements within the Manning
Avenue (CSAH 15) right-of-way as required by Washington County and further described in the
review letter received from the County dated June 24, 2014. The final construction plans for
the 1st Addition were updated to incorporate the required improvements to Manning Avenue.
This condition is not relevant to the 2nd Addition final plat.
9) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from the appropriate watershed districts
for the storm water management system prior to the commencement of any grading or
development activity on the site. Comments: Because the Valley Branch Watershed District
has not yet completed its review of the revised storm water plans, this condition will need to be
addressed before the City will grant final approval of the construction plans. This has been
added as a condition of approval of Final Plat.
10) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals
or entities responsible for any landscaping installed in areas outside of land dedicated as public
7
BUSINESS ITEM 5a
park and open space on the final plat. Comment: A Landscape License Agreement was
executed for the 1st Addition and another one will be executed after the approval of 2nd
Addition.
11) The developer shall provide an updated accounting of the land to be dedicated for park purposes
prior to submission of a final plat. If required, the developer shall be required to pay a fee in lieu
of park land dedication equivalent to the fair market value for the amount of land that is required
to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land
that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall
be paid by the applicant prior to the release of the final plat for recording. Comments: The park
dedication requirements for the entire Easton Village development is 9.84 acres of land,
representing 10% of the development area. During the 1st Addition Final Plat, the applicant
provided an accounting of the land to be dedicated for park purposes, stating that the entire
development will provide 7.29 acres of public park land. Staff had reviewed these numbers
with the 1st Addition Final Plat application and found them to be accurate. However, this
number will be amended if Council approves the elimination of the trail/outlot within the 2nd
Addition Final Plat. The final agreement with the City concerning either a cash payment for
the park land shortfall or future land dedication should be addressed in the developer’s
agreement for Easton Village 2nd Addition.
12) Any land under which public trails are located will be accepted as park land provided the
developer constructs said trails as part of the public improvements for the subdivision.
Comments: The Applicant has not proposed any trails in this Addition. If it is determined that
the trail connection between what is now being proposed as Lot 7 and 8 of Block 1 (referred to
in the Preliminary Plat conditions as Lot 13 and 14 of Block 3), this condition will apply.
13) All required modifications to the plans as requested by the City Engineer in a review letter dated
June 26, 2014 shall be incorporated into the plans prior to consideration of a final plat.
Comments. The preliminary plat and plans have been updated to address the City Engineer’s
review comments. The Engineer has submitted an updated report specific to th e final plat, and
this review is attached for consideration by the Planning Commission. Most of the comments
pertain to final information or revisions necessary to approve the construction plans for the
proposed improvements.
14) The City and developer will determine the appropriate distribution of future costs associated with
the Village Parkway railroad crossing improvements as part of a developer’s agreement for any
portion of Easton Village. Comments: Staff will be drafting a developer’s agreement for
consideration by the Council that will incorporate a section dealing with this provision.
15) The developer shall address any comments from Metropolitan Airport Commission as part of a
final plat submission for any portion of Easton Village. MAC will be asked to comment on the
landscape plan, and the plan shall be revised to address any specific comments concerning the
appropriate vegetation to be planted within storm water facilities. Comments: MAC has
provided a review of the updated plans and provided comments to the developer in a letter
dated December 8, 2015. This letter contains recommended mitigation strategies to reduce the
attractiveness of the storm water retention and infiltration areas for waterfowl. Other
recommendations from MAC have been incorporated into the applicant’s landscape plans.
Mac’s comments are not relevant to the 2nd Addition Final Plat.
8
BUSINESS ITEM 5a
16) The landscape plan shall be revised to eliminate all trees planted within the Lake Elmo Airport
Regulatory Protection Zone. Comments. The Preliminary and 1st Addition landscape plans
have been updated accordingly. MAC’s comments are not relevant to the 2nd Addition Final
Plat.
17) The final plat shall include a paved trail connection between Lots 13 and 14 of Block 3.
Comments: The Applicant is proposing eliminating this trail connections, for reasons cited
herein.
18) The applicant shall submit written acknowledgement from the property owner of the parcel
immediately to the south of Easton Village concerning the storm water being outlet running into
their property. Comments: Since the approval of the preliminary plat, the applicant has met
with the watershed district, county, and Gonyea Homes to discuss the proposed storm water
management system along Manning Avenue. This condition is not relevant to the 2nd Addition
Final Plat.
19) The applicant is encouraged to incorporate elements from the Lake Elmo Theming Study into the
open space areas within the subdivision. Comments: This was Staff recommendation at the
time of Preliminary Plat to encourage the applicant to utilize a white “horse fence” with
landscaping in order to address the comments from MAC to provide a barrier around the
storm water ponds. This fence was not erected, but instead additional landscaping was
installed to provide screening. The applicant’s landscape plan for the 1st Addition incorporated
elements from the theming study, including the proposed entrance monument sign.
20) The developer shall obtain all required permits from Northern Natural Gas to perform
construction work over the gas line that runs from north to south across this site. Comments.
Northern Natural Gas provided review comments to the developer in August of 2014, and these
comments have been incorporated into the updated plans. The developer will need to submit
the final construction plans to the gas company for review, and will need to abide by any
conditions imposed by Northern Natural Gas. This has been added as a condition of approval.
There are no impacts to this easement in the 2nd Addition.
21) The developer shall be required to extend sewer to the northernmost boundary of the site.
Comments. The Easton Village Trunk Sewer Line project has been completed and has
extended sanitary sewer service to the northern boundary of the plat, connecting to the sewer
line recently installed by the City of Lake Elmo under the railroad tracks that continues
further north (and connects to the 39th Street line also recently installed by the City).
Staff is recommending certain conditions that been specifically identified as part of the final plat
review, and that have not otherwise been addressed by the applicant, be addressed as part of the
Planning Commission’s recommendation to the City Council. The City Engineer’s review letter does
identify several issues that need to be addressed by the developer in order for the Cit y to deem the
final plans complete. Staff is recommending that City Officials not sign the final plat mylars until
the City’s construction plan review is finalized and all necessary easements are documented on the
final plat.
Based on the above Staff report and analysis, Staff is recommending approval of the final plat with
several conditions intended to address the outstanding issues noted above and to further clarify the
City’s expectations in order for the developer to proceed with the recording of the final plat.
9
BUSINESS ITEM 5a
The recommended conditions are as follows:
Recommended Conditions of Approval:
1) Final grading, drainage, and erosion control plans, sanitary and storm water management
plans, landscape plans, and street and utility construction plans shall be reviewed and
approved by the City Engineer and applicable Staff prior to the recording of the Final Plat.
All changes and modifications to the plans requested by the City Engineer in the
memorandums addressing Easton Village 2nd Addition Final Plat and Easton Village 2nd
Addition Construction Plan Review dated April 12, 2017 in the memo shall be incorporated
into these documents before they are approved.
2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council
that delineates who is responsible for the design, construction, and payment of the required
improvements for the Easton Village 2nd Addition Final Plat with financial guarantees
therefore.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to its execution by City Officials.
4) The Applicant shall submit an updated Landscape Plan that is consistent with Preliminary
Landscape Plans; shows utility locations; shows irrigation plans; and includes the right -of-
way area along Village Parkway. The updated plans will need to be approved by the City’s
Landscape Architect. A Landscape Maintenance Agreement will need to be provided for all
City right-of-way areas.
5) Temporary easements for the temporary cul-de-sacs shall be executed and recorded on the
City standard easement agreement form.
6) The applicant shall provide a disclosure statement to all first homeowners in the development
advising of the airport and associated over-flights.
7) All builders shall be encouraged to incorporate interior noise reduction measures into single
family residential structures within the subdivision based on the Metropolitan Council’s
Builder Guide.
8) The proposed access to Manning Avenue will be permitted as a temporary access until such
time that the Village Parkway is connected to 30th Street or 5 years has passed from the date
of final plat approval of the 1st Addition (March 23, 2020), whichever is longer. The
developer’s agreement for Easton Village shall include appropriate financial securities
concerning the future cost for removal of the temporary access.
9) Approval by the Valley Branch Watershed District is needed for revised stormwater plans.
DRAFT FINDINGS
10
BUSINESS ITEM 5a
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed Easton Village 2nd Addition Final Plat:
1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat
have been met by the Applicant.
2) That the proposed Final Plat for Easton Village consists of the creation of 19 single-family
detached residential structures.
3) That the Easton Village 2nd Addition Final Plat is generally consistent with the Preliminary
Plat and Plans as approved by the City of Lake Elmo on July 15, 2014 and as amended to
comply with conditions of preliminary plat approval with the exceptions of issues identified
in the April 24, 2017 Staff report to the Planning Commission.
4) That the Easton Village 2nd Addition Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
5) That the Easton Village 2nd Addition Final Plat complies with the City’s Urban Low Density
Residential zoning district regulations.
6) That the Easton Village 2nd Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control
and other ordinances with the exception of issues identified in the April 24, 2017 Staff report
to the Planning Commission.
7) That the Easton Village 2nd Addition Final Plat complies with the City’s subdivision
ordinance.
8) That the Easton Village 2nd Addition Final Plat is generally consistent with the City’s
engineering standards with the exception of necessary plan revisions outlined by the City
Engineer in his review comments to the City dated April 12, 2017.
RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the 2nd Addition Final Plat
for Easton Village with the 9 conditions of approval as listed in the Staff report. Suggested motion:
“Move to recommend approval of the Easton Village 2nd Addition Final Plat with the 9 conditions
of approval as drafted by Staff”
ATTACHMENTS:
1. Application Form
2. City Engineer Review Letters
3. Updated Preliminary Plans dated 12/17/2014
4. Easton Village 2nd Addition Final Plat and Plans
5. Revised Preliminary Plans
11
BUSINESS ITEM 5a
SUGGESTED ORDER OF BUSINESS:
- Introduction ........................................................................................ Planning Staff
- Report by Staff ................................................................................... Planning Staff
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
EASTON VILLAGE 2ND ADDITION
FINAL PLAT WRITTEN STATEMENTS
January 14, 2017
A)PROJECT CONTACTS:
OWNER:DEVELOPER:
Tom Wolter Tom Wolter
Easton Village, LLC Chase Development
2140 County Road 42 West 2140 County Road 42 West
Burnsville, MN 55337 Burnsville, MN 55337
Phone: 952-292-0046 Phone: 952-292-0046
timbercrest@ymail.com timbercrest@ymail.com
AUTHORIZED AGENT:
Project Contact/Engineer:
Todd A. Erickson, PE
EricksonCivil
333 North Main Street, Suite 201
Stillwater, MN 55082
Phone: 612-309-3804
todd@tericksonllc.com
Surveyor:
Paul A. Johnson, LS, EricksonCivil
Landscape Architect:
David Chmielewski, LA, EricksonCivil
EASTON VILLAGE 2nd ADDITION
FINAL PLAT WRITTEN STATEMENTS
Page 2 of 4
B)SITE DATA:
Address: No current address.32xx Linden Lane North.
Current Zoning: LDR
Parcel Size: 5.20 Acres,226,528 Sq. Ft.
PID No.:13.029.21.42.0025
Current Legal:Part of Outlot F, Easton Village, Washington County, Minnesota.See also
Final Plat Dedication Page 1 of 2.
C)FINAL SUBDIVISION AND LOT INFORMATION:
Name of Final Plat:Easton Village 2nd Addition
Table of Proposed Lots:
Lot Block Area (Sq. Ft.)Area (Acre)Lot Width (1)Lot Depth (2)
1 1 9,817 0.225 79 130
2 1 9,091 0.209 70 130
3 1 9,750 0.224 75 130
4 1 9,267 0.213 75 120
5 1 8,673 0.199 75 110
6 1 10,736 0.246 65 120
7 1 8,310 0.191 65 115
8 1 10,292 0.236 65 115
9 1 10,254 0.235 65 115
10 1 7,483 0.172 70 115
11 1 8,917 0.205 70 125
12 1 9,116 0.209 70 130
13 1 8,455 0.194 65 130
14 1 11,089 0.255 70 130
1 2 8,701 0.200 65 120
2 2 8,658 0.199 70 120
3 2 7,772 0.178 65 120
4 2 10,190 0.234 70 120
5 2 10,463 0.240 60 120
ROAD RIGHT OF WAY 49,494 1.136
TOTAL AREA DEVELOPED 226,528 5.200
(1) Lot width at setback shown on plan
(2) Average approximate lot length, some lots are irregular in shape (see plan for exact dimensions)
EASTON VILLAGE 2nd ADDITION
FINAL PLAT WRITTEN STATEMENTS
Page 3 of 4
Area of Parks and Trails:None proposed.
Area of Wetlands and Buffers:None on this proposed addition.
Final Area of Dedicated Right of Way:1.136 Acres
Legal Description of All Lots:See Final Plat Graphics, Sheet 2 of 2.
Easements to be Vacated:Temporary Roadway Easement (Easton Village)
D.EXPLANATION OF ISSUES SINCE PRELIMINARY PLAT:
The lot layout has been revised to adjust to market conditions, allowing for wider lots and a
mixture of lots to create more variety and options for builders. This adjustment of lots will not
alter the overall density and is not a request to increase or decrease the overall density of the
preliminary plat, only a request to adjust lot lines to accommodate some more variety for the
overall subdivision.
E.FINAL DENSITY:
Same as presented for Preliminary Plat Documents. Below is a summary of the density
calculation of the preliminary plat of Easton Village:
AR
E
A
C
A
L
C
U
L
A
T
I
O
N
SU
M
M
A
R
Y
PARK AREA 7.96
OPEN SPACE 18.90
LOT AREA 52.25
RIGHT OF WAY 19.37
RUNWAY PROTECTION
ZONE 4.77
STEEP SLOPE AREAS 2.65
TOTAL PROPERTY AREA 98.47
TOTAL PROPOSED LOTS 217
PERCENT OF OPEN
SPACE/PARK 27.3%
GROSS DENSITY 2.20
NET DENSITY*2.38
F.INFRASTRUCTURE IMPROVMENTS:
The proposed storm sewer will be connected to the existing pond constructed with Easton
Village. The water main and sanitary sewer will be extended from the constructed water and
EASTON VILLAGE 2nd ADDITION
FINAL PLAT WRITTEN STATEMENTS
Page 4 of 4
sewer of Easton Village. All utilities will be constructed per city standards.The storm water
ponding for this addition has been planned for and will be accommodated by the existing
constructed pond of Easton Village.Stubs for water and sewer will be installed for future
phases of the overall project.
G.CONCERNS OF NEIGHBORING PROPERTIES:
No known issues.
H.CONFLICTS WITH NEARBY LAND USES:
No known issues.
I.JUSTIFICATION RELATING TO BURDEN ON EXISTING INFRASTRUCTURE:
This project is a part of an overall larger project, which density has been planned for with the
installation of a trunk sewer and watermain and highway right turn and bypass lane for access,
therefore this project will not create any undue burden on the existing infrastructure of the City
or surrounding area.In addition to the water and sewer charges the City will get from this
project, it will add approximately $14,000 a year in tax payments to the City of Lake Elmo, with
additional tax payments going to the County, School District and Met Council to offset any
burden created by this project.
J.PROPOSED LAKESHORE ACCESS:
None Proposed.
K.PROPOSED PARKS AND OPEN SPACE:
None Proposed. Easton Village currently contains a park and open space, dedicated with the
first addition of the project.The trail connection originally shown on the preliminary plat has
been eliminated on this final plan. For this neighborhood to connect to the trail system, the
access is by sidewalk one block south at the Easton Village Park. We have found that
customers purchase cul de sacs lots because of the added security and privacy they provide for
families, with the feature of one entrance for both pedestrian and vehicular traffic.
L.CONSTRUCTION SCHEDULE:
Construction would be expected to begin as soon as possible in the spring of 2017. Substantial
completion of the project would occur in the fall of 2017.
PAGE 1 of 2
MEMORANDUM
Date: April 12, 2017
To: Todd Erickson, P.E., Erickson Civil Site Re: Easton Village 2nd Addition
Cc: Tom Wolter, Chase Development
Jack Griffin, P.E., City Engineer
Stephen Wensman, City Planner
Construction Plan Review
From: Chad Isakson, P.E., Municipal Engineer
An engineering review has been completed for the Easton Village 2nd Addition Construction Plans consisting of the
following documentation prepared by Erickson Civil Site:
Easton Village Preliminary Plat Revisions dated March 17, 2017.
Easton Village Preliminary Plat Stormwater Management Revisions dated March 17, 2017.
Easton Village 2nd Addition Final Plat, not dated.
Easton Village 2nd Final Plat Narrative dated February 14, 2017.
Easton Village 2nd Addition Construction Plans dated March 17, 2017.
STATUS/FINDINGS: The following comments have been provided in addition to the Final Plat comment memo to
direct plan corrections necessary for final construction plan approval. When submitting revised plans, please
provide a point by point response letter that details all changes made to the plans.
FINAL PLAT, GENERAL PLANS & SPECIFICATION REQUIREMENTS:
Final Construction Plans and Specifications must be prepared in accordance with the City Engineering
Design Standards Manual using City details, plan notes and specifications and meeting City Engineering
Design Guidelines.
Specifications for the Easton Village 2nd Addition must be prepared and submitted for the improvements.
GRADING PLAN AND EROSION CONTROL PLANS & STORM WATER MANAGEMENT:
C2: Label exiting utility type, pipe size and pipe material.
C2: Label existing street and ROW widths.
C2: Provide existing inverts of all structures. Some inverts have been provided on the plans, many others
have not.
C3: The first Erosion Control Plan Sheet must have the City Standard Plan Notes for Grading and Erosion
Control. Move these plan notes from Sheet C5.
C3: Keyed notes are incomplete and in some instances are not correct. Please review and revise as needed.
C3: Add protection around existing storm sewer FES in Outlot E.
C3/C4: Revise grading note #18 to reference the correct plan sheets.
C4: Remove proposed 3rd Addition Improvements from the 2nd Addition plans.
C6: Drainage path from rear yard of Lot 6 to Outlot E contains a critical EOF point between Lots 7‐8. The
entire drainage path must be emphasized in its design to establish a permanent flow path (established
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
PAGE 2 of 2
swale) that cannot be graded in the future. The EOF must be located in the center of the 15 foot easement
with gentle grades within the easement area. The grade within Village Parkway must maintain the 4%
maximum slope. How does the grade from the right‐of‐way connect back to the EOF grade?
C6: A redesign of the grading/storm sewer layout along rear yards of Lots 3‐6, Block 1 is required. The
storm sewer pipe is too shallow, does not meet the City minimum pipe cover, and the HWL should not be
allowed to pond over the pipe as proposed. A beehive structure must be used when located in the open
rear yard area.
C6: The grading plans must be revised to include frequent spot elevations along Lots 2‐13, Block 1 as a
quality control measure to guide the grading contractor to contain the HWL contours within the easement
areas. These spot elevations must be shot and provided as part of the as‐built grading plans prior to the
release of building permits. Provide minimum of 2 spot elevations per lot.
C6: Revise the low floor elevation for Lots 9‐14 and Lots 1‐6, Block 1 to 918.6. The downstream as‐built EOF
at the south end of Outlot E is 917.53.
C6: Label the storm water Pond and provide the HWL contours.
C6: The grading plans must include the driveway locations and grades and building setbacks.
C6: The grading plans are incomplete along Village Parkway and the west side of Village Parkway. All areas
must be graded to provide positive drainage throughout the site, including the temporary grading
conditions.
C6: Add a temporary cul‐de‐sac per City standard detail at the north end of Village Parkway.
C6/C7: Revise grading note #7 to reference the correct plan sheets.
C7: Remove proposed 3rd Addition Improvements from the 2nd Addition plans.
C8: Add lot setbacks, street names and temporary cul‐de‐sac at north end of Village Parkway.
C9‐C11: Utility conduit crossing locations must be shown on all plans.
C9: Revise cul‐de‐sac geometrics to meet City minimum standards; pavement radius of 45 feet and R/W
radius of 60 feet.
C11: Revise typical section plan note as follows: “See City standard plate 801 for placement of pavement
section including drain tile”.
C11: Add plan notes for completion of Village Parkway storm sewer. Show existing storm sewer as existing
on the plans. Ad plan notes to adjust catch basins, placement of castings, etc.
C11: Label low points and high points on plan view.
C11: Remove proposed 3rd Addition Improvements from the 2nd Addition plans.
C11: remove Keyed Notes #1, #3, and #5. They are not applicable to the 2nd Addition plans.
C12: Change sewer pipe minimum grade to 0.5% whenever possible.
C12: Revise water/sewer service stubs to Lots 1 and 14, Block 1 to connect from Linden Court.
C14: Revise CB‐8 to meet minimum 3 feet of pipe cover.
C14: Redesign storm sewer from FES‐5 to east of CB‐4 to provide minimum 3 feet of pipe cover.
C14: Add plan note to protect/restore existing DT and clean outs with utility rework at Lots 4 and 5 Block 2.
C14: Extend DT a minimum of 100 feet in both directions with clean out at all ends from CB‐7, CB‐8, CB‐2
and CB‐3.
C16‐C21: Update details as follows: Replace details 201, 208, and 505 with March 2017 version. Add 313,
315, 507B‐E, 514, 807B, 900A, 901, 902 and 903.
L1: Revise Note to require field locating all trees, not just trees on City property/right‐of‐way.
L1: Show utilities on landscape plans to help maintain tree/utility offset.
Add landscape plan for Village Parkway.
PLAT: Consider expansion for the easement at rear yard of Lots 7‐8, Block 1 to better protect critical EOF.
Storm sewer design calculations must be submitted. The design calculations must demonstrate that all
pipe velocities remain at or below 15 fps and all outfall pipe velocities remain at or below 5 fps.
PAGE 1 of 1
MEMORANDUM
Date: April 12, 2017
To: Stephen Wensman, City Planner Re: Easton Village 2nd Addition – Final Plat
Cc: Chad Isakson, P.E., Municipal Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for Easton Village 2nd Addition. Final Plat/Final Construction Plans
were received on March 22, 2017. The submittal consisted of the following documentation prepared by Erickson
Civil, or as noted:
Easton Village Preliminary Plat Revisions dated March 17, 2017.
Easton Village Preliminary Plat Stormwater Management Revisions dated March 17, 2017.
Easton Village 2nd Addition Final Plat, not dated.
Easton Village 2nd Final Plat Narrative dated February 14, 2017.
Easton Village 2nd Addition Construction Plans dated March 17, 2017.
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval, and one to assist with the completion of the final Construction Plans. Please see the following review
comments relating to the Final Plat application.
FINAL PLAT: EASTON VILLAGE 2ND ADDITION
No construction for Easton Village 2nd Addition may begin until the applicant has received City Engineer
a p p r o v a l f o r t h e F i n a l C o n s t r u c t i o n P l a n s ; t h e a p p l i c a n t h a s o btained and submitted to the City all
applicable permits, easements and permissions needed for the project; and a preconstruction meeting has
been held by the City’s engineering department.
The Final Plat shall not be recorded until final construction plan approval is granted.
Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated April 12, 2017 and approved by the City Engineer. In particular,
the grading, storm water management including critical emergency overflow locations, and storm sewer
must be revised to meet the City engineering design standards.
Final Construction Plans and Specifications must be prepared in accordance with the City Engineering
Design Standards Manual using City details, plan notes and specifications and meeting City Engineering
Design Guidelines.
All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
There are no Outlots as part of this Plat to be dedicated to the City.
Final Plat should be contingent upon the City receiving copies of fully executed temporary easements for
the temporary cul‐de‐sacs using the City standard easement agreement form.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
BUSINESS ITEM 5b
STAFF REPORT
DATE: APRIL 24, 2017
AGENDA ITEM: 5B – BUSINESS ITEM
CASE #2016-59
TO: Planning Commission
FROM: Emily Becker, Planner
SUBMITTED BY: Zoning Text Amendment – Village Urban Districts
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The Planning Commission has reviewed a proposed draft Village Urban Low Density (V-LDR) zoning
district as well as minor amendments to the Village Mixed Use (VMX) District at its January 23, 2017,
February 13, February 27, 2017, and March 27, 2017 meetings. A public hearing was held at the April 10,
2017 meeting.
ISSUE BEFORE THE COMMISSION:
Staff respectfully requests that the Planning Commission make recommendation on the proposed draft
ordinance of the Village Low Density Residential and minor amendments to the Village Mixed Use
(VMX) District.
PLANNING/ZONING ANALYSIS:
Summary of Discussed Changes since the last Planning Commission meeting to Proposed
Ordinance. Staff has made minor amendments to the draft ordinance that the Planning Commission
recommended. Major issues discussed are summarized below:
Single Family Homes in VMX. Currently, standards for the VMX district indicate that an
existing single family home shall be considered a permitted, rather than non-conforming use, in
the VMX zoning district. This language was derived from the Comprehensive Plan. While the
Comprehensive Plan does not specifically outline new single-family homes as an allowed use in
the VMX zoning district, it does state that existing single family residential homes shall be
permitted. As previously discussed, an existing use that is no longer allowed in a zoning district
cannot be considered “permitted” upon rezoning; it is then considered legal non-conforming (and
consequentially cannot expand).
o Again Proposed as a Conditional Use. Staff has again proposed that single-family
detached dwellings be designated as conditional uses. Conditional use means a land use
or development as defined by ordinance that would not be appropriate generally but may
be allowed with appropriate restrictions as provided by official controls only upon
required findings. These required findings include (among others):
That the use or development is compatible with the existing
neighborhood; and
That the use will be designed, constructed, operated and maintained so as
to be compatible in appearance with the existing or intended character of
the general vicinity and will not change the essential character of the
area.
The City Attorney has been consulted regarding this provision and believes that
designating single-family detached homes as a conditional use may be
appropriate within the VMX district in order to limit the number and expansion
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BUSINESS ITEM 5b – ACTION ITEM
of such homes in this district. She stated that the City would have to place
appropriate standards and conditions on such uses in order to properly regulate
them.
Mixed Use Definition. The City Attorney was asked about a mixed use definition and did
not have a definitions because it’s a mix of two principal uses already defined in the Zoning
Code.
Village Open Space Overlay District. Staff had previously proposed that lots may not encroach
on the Village Open Space Overlay/Greenbelt portions as designated by the Comprehensive Plan.
o Reasoning. The reasoning for this was to maintain the open space buffer as
designated by the Comprehensive Plan without having to reference different setbacks
for lots encroaching on the open space buffer, which could complicate the building
permit review process.
o Reconsideration. Staff further considered this provision after discussion with a developer.
This may not be practical, as a buffer may be sufficiently provided through landscaping,
berms, or other option. Additionally, a small strip of open space may be difficult for an
association to maintain. The developer suggested additional way to conserve this buffer
may be to record a landscape easement over the buffer portions of residential lots that
would prevent structures from being erected and allow the Homeowners’ Association to
maintain if necessary.
o Amended Language. In response to this, Staff has drafted language that allows berming
or screening as an alternative to lots not encroaching on the buffer with Council approval.
Limiting Housing Types. Staff removed the following language from the ordinance: “For
redevelopment projects, 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.”
o The City Attorney believes that this language causes equal protection issues.
Setbacks from County Roads in the V-LDR District. The County had requested the City to
increase setbacks along certain portions of county roads to 30 feet. This includes residential areas
on Lake Elmo Avenue (CSAH 17) north of Stillwater Blvd and Stillwater Blvd (CSAH 14).
They requested this for the following reasons:
o Portions of these roads are considered minor highways and right-of-way widening may
be necessary in the future.
o There’s a higher volume of traffic.
o Lake Elmo Avenue provides direct access to Highway 36.
o Trails may be desired on both sides of four lanes, and additional setbacks could
accommodate construction of eventual trails.
o Additional setbacks leave room for berming and landscaping.
This provision was added to the draft ordinance and only applicable to the V-LDR zoning district.
Findings.
The Planning Commission drafted the following findings at its February 13, 2017 meeting:
1. That certain areas of the Old Village are guided for Urban Low Density Residential in the Land
Use Plan of the Comprehensive Plan, which designates a density of 1.5-2.49 units per acre.
2. That there currently does not exist a Village Low Density Residential zoning district which has a
density of 1.5-2.49 units per acre within the Zoning Code.
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BUSINESS ITEM 5b – ACTION ITEM
3. That the Village Low Density Residential zoning district is being proposed due to the imminence
of the Gonyea West Development, which is expected to be proposed to be located within the Old
Village in an area guided for Village Low Density Residential.
4. That the Planning Commission would be interested in exploring increased densities within the
Old Village as an amendment to the Comprehensive Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission hold a public hearing and provide feedback on or
recommend approval of amendments to Article XIII: Village Mixed Use Districts, which add standards
for the V-LDR Village Low Density Residential District and proposes minor changes to the VMX –
Village Mixed Use District. If the Commission wishes to make recommendation at this time, the
Commission may do so with the following motion:
“Move to recommend adoption of Ord 08- , creating a Village Low Density Residential District and
making minor amendments standards of the Village Mixed Use District.”
ATTACHMENTS:
1. Draft Ordinance
2. Required Findings for Conditional Use Permits.
Planning Commission Draft 4/1024/2017
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-__
AN ORDINANCE AMENDING ARTICLE XIII: VILLAGE MIXED USE DISTRICT AND
CREATING STANDARDS FOR A VILLAGE LOW DENSITY RESIDENTIAL ZONING
DISTRICT
SECTION 1. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City Code
Title XV: Land Usage; Chapter154: Zoning Code; Article XIII: Village Mixed Use District; to read
the following:
ARTICLE XIII: VILLAGE MIXED USE DISTRICTS
§ 154.500 PURPOSE AND DISTRICT DESCRIPTION
(A) V-LDR Village Low 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) 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 vitality and intensity needed to support retail and service
uses. Development within areas zoned VMX will occur at a d ensity of 6-10 units per acre. Senior
congregate care facilities may exceed this density maximum with a range not to exceed a total of 16
units per acre, provided the facility can satisfy all zoning and applicable conditional use permit review
criteria. 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
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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, Village Districts. 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).
B. Combination of uses, 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 4/1024/2017
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Table 11-1: Permitted and Conditional Uses, VMX Village Districts
V-LDR VMX Standard
Residential Uses Residential Uses
Household Living
Single-family detached dwelling P P* C* 155.504.A 154.505 (A) (1),
(2), *(4)
Two-family dwelling - P* 155.504.A 154.505 (A) (1),
(4)
Single-family attached dwelling - C 154.505 (A) (1), (5)
Multifamily dwelling - C 154.505 (A) (1), (6)
Secondary dwelling C C 154.505.D 154.454 (C) &
154.505 (A) (1), (3)_
Live-work unit - P 155.505.J 154.505 (B) (6)
Group Living
Group Home P P 155.102.C 154.301 (A)
Group Residential Facility - C 155.102.D 154.301 (B)
Congregate Housing - C 155.102.E 154.301 (C)
Semi-Transient Accommodations - C 155.102.F 154.301 (C)
Public and Civic Uses
Community Services - P 155.103.C
Day Care Center - 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 (B) (1)
Trade Shop - C 155.505.F 154.505 (B) (2)
Veterinary Services - C 154.505.G 154.505 (B) (3)
Planning Commission Draft 4/1024/2017
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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 (B)
(4) Neighborhood Convenience Store - P 155.505.V
Shopping Center - C 155.505.W
Wayside Stand P P 154.454 (D)
Automotive/Vehicular Uses
Automobile Maintenance Service - C 155.505.X 154.505 (B)
(5) Automobile Parts/Supply - P 155.505.X154.505 (B)
(5) Gasoline Station - C 155.505.X 154.305 (B)
Parking Facility - C 155.505.X 154.505 (B)
(7) 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
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
Mixed Uses
Combination of Principal Uses on a
single parcel
- C/P 154.501 (B)
Combination of Principal and
Accessory Uses on a single parcel
P P 154.501 (A)
Accessory Uses
Home Occupation 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 155.111.G 154.012 (12)
(d) Group Family Day Care - C 155.111.G
Temporary Sales P P 155.107.B 154.509 (G)
Parking Facility - P 154.505 (H) (7)
Solar Equipment P P 155.111.I154.310 (C)
Swimming Pools, Hot Tubs, Etc. P P 155.111.J
Other Structures Typically
Incidental and Clearly Subordinate
to Permitted Uses
P P
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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 VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use - None
Single Family Detached Dwelling 9,000 5,000 9000
Two-Family Dwelling (per unit) b - 3,000
Single-Family Attached (per unit) c - 2,500
Multi-Family Dwelling (per unit) - 1,800
Secondary Dwelling - See 154.454 (C)
Live-Work Unit - 3,000
Congregate Housing - 155.102.E 154.301
(C)
Other Structures - 3,500
Maximum Lot Area (acres)
Residential Structures N/A N/A
Other Structures N/A 5
Minimum Lot Width (feet)
Single Family Detached Dwelling 70 50 70
Two-Family Dwelling (per unit) b - 30
Single-Family Attached (per unit)c - 25
Multi-Family Dwelling (per building) - 75
Live-Work Unit - 25
Maximum Height (feet/stories) 35 35/3 d
Maximum Impervious Coverage
Residential Structures 35% 75%
Other Structures - No Limit
Minimum Building Setbacks (feet) g
Planning Commission Draft 4/1024/2017
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Front Yard 25 Single-Family
Detached, Two-
Family, and Single-
Family Attached:
See LDR standards of
154.452
Multi-Family
Dwellings:
154.505 (A) (6) (b)
All Other
Residential Uses:
154.505 (A) (7)
Non-Residential
Uses:
154.505 (B) (1)
Interior Side Yard 10 10 e
Corner Side Yard 15 0 f
Rear Yard 20 10 g
Garages 25 25
Notes to VMX Village Districts Table
a. No development may exceed the residential density range as specified in the Comprehensive Plan for the
Village Mixed Use corresponding 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.
e. 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.
f. 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
Commented [EB1]: This is already indicated in 154.505
(A) (3) (b)
Planning Commission Draft 4/1024/2017
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yard setback, whichever is less. If no structure exists on the adjacent property, and provided
required setbacks are not otherwise stated herein, the setback shall be shown in the table.
f.g. Properties zoned V-LDR abutting Stillwater Boulevard (CSAH 14) and Lake Elmo Avenue
17) north of Stillwater Blvd (CSAH 14) shall have a minimum structure setback of 30 feet.
Properties abutting CSAH 17 and CSAH 14 shall have a minimum setback standard of 30
feet.
§ 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.
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, unless buffering or screening is
provided as an alternative approved by Council.
§ 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 County State Aid Highway 14 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 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.
Commented [EB2]: Need to verify with the County why
this is needed.
Planning Commission Draft 4/1024/2017
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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. Where cul-de-sacs are permitted by the City, sidewalks or trails are required to
connect the bulb of the cul-de-sac with the nearest through-road or trail.
G. Lake Elmo Theming Study. Elements of the Lake Elmo Theming Study not herein described
must be incorporated in to development within Village Districts where applicable.
§ 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, Village Districts.
1. All Residential Units, Village Districts.
a. 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. Single-Family Detached Dwellings, Village Districts.
a. No parking shall be located in the front yard or between the front façade and the
street except on a permitted driveway.
b. Primary entrances are required to be along the front façade.
c. Dwelling units 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.
3. Secondary Dwellings, Village District. Restricted to lots occupied by single-family dwellings, and
must meet the standards for secondary dwellings in residential districts, §154.13454 (C) and be
located within the primary structure.
4. Single-Family Detached and Two-Family Dwellings, VMX District.
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a. Single-Family Detached Dwellings are limited to those existing at the time of adoption of this
Ordinance. Expansion of existing and new single-family detached dwellings shall be allowed
through the conditional use process. considered permitted uses, rather than nonconforming
uses.
b. Unless otherwise specified in this Article, Single and Two-Family Dwellings in the VMX
district shall adhere to the MDR LDR district setbacks as specified in §154.452.
5. Single-Family Attached, VMX District.
a. A maximum of eight (8) units shall be permitted within a single building.
a. 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.
b. For redevelopment projects, 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.
d.b. 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.
e.c. No parking shall be located in the front yard or between the front façade and the street
except on a permitted driveway.
f.d. Unless otherwise specified in this Article, Single-Family Attached dwellings in the VMX
district shall adhere to the MDR district setbacks as specified in §154.452.
6. Multi-Family Dwelling Units, VMX District.
a. Dwelling units (both condominium and rental) within a mixed use development are restricted to the
upper floors or rear or side ground floors of a mixed use building.
b. Setback standards for multi-family dwellings not within a mixed use development shall be
determined through the conditional use process.
7. All Other Residential Uses, VMX District. Setbacks for all other residential uses within the
Village districts not specifically outlined in this Section shall be determined by either
154.506 or through the conditional use process.
B. Non-Residential Uses, VMX District.
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Commented [EB3]: Verifying with the City Attorney if this
is legal.
Planning Commission Draft 4/1024/2017
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1. Setbacks, Generally. The front yard setback of a new non-residential building within the
VMX district shall maintain the prevailing front yard setback of that block, or a
maximum setback of 20 feet, whichever is less.
2. Repair and Maintenance Shop. No outdoor storage is permitted unless fully screened from public
view.
3. Trade Shop. 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.
4. Veterinary Services.
a. All activities must be conducted within an enclosed building.
b. Specific veterinary practices shall be limited to veterinary medicine, surgery, dentistry, and related
service for small domestic household pets.
5. Garden Center.
a. 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.
b. All loading and parking shall be provided off-street.
c. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to
prevent any effects on adjacent uses.
6. Automobile Maintenance Service and Automobile Parts/Supply
a. All vehicle repairs shall be conducted in a completely enclosed building
b. 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.
7. Live-Work Unit. 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.
a. The work space component shall be located on the first floor or basement of the building.
Planning Commission Draft 4/1024/2017
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b. The dwelling unit component shall maintain a separate entrance located on the front or side
façade and accessible from the primary abutting public street.
c. The work space component of the unit shall not exceed thirty (30) percent of the total gross floor
area of the unit.
d. 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.
e. 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.
f. 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.
g. 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.
8. Parking Facility. Structured parking is permitted as a ground floor use within a mixed-use building,
provided that it the entrance 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.
9. Outdoor Dining Accessory to Food Services. 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.
§ 154.506 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.
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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;
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.
§ 154.507 ACCESSORY USES AND STRUCTURES
Accessory uses are listed in the VMX District Use Table 11-1 as permitted or conditional accessory uses.
Accessory uses and structures in the VMX Village Districts 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.
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E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or
structure.
F. Residential Accessory Structures
§ 154.5087 RESIDENTIAL ACCESSORY STRUCTURES
A. 1. Design Compatibility. On parcels used for residential structures within the VMX Village
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.
B. 2. 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:
a. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
b. The structure shall not exceed the height of the principal building to which it is attached.
B. 3. Attached Garages.
3. a. 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:
i. The front of the garage is recessed at least four (4) feet behind the plane of the primary
façade; or
ii. 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
i. The front façade of the garage shall be offset by the principal structure by a
minimum of two (2) feet from the plane of the public right -of -way.
ii. The width of the attached garage shall not exceed 40% of the width of the entire
principal building façade (including garage) fronting the primary street.
4. b. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground floor
level except by conditional use permit.
5. c. Garage doors or openings shall not exceed fourteen (14) feet in height.
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C. 4. Detached structures. Detached accessory structures for permitted residential structures in the
VMX Village Districts must be in accordance with the following requirements:
a. 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.
b. 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.
c. Pole barns, as defined herein, shall be prohibited.
d. No more than thirty (30) percent of the rear yard area may be covered by accessory structures.
e. Garage doors or openings shall not exceed fourteen (14) feet in height.
§ 154.509 ACCESSORY USES
A. G. 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:
a. Laundry drying,
b. 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.
c. Agricultural equipment and materials, if these are used or intended for use on the premises.
d. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article
5, Section 155.67 154.210.
e. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and screened
from view of adjacent properties.
f. Outdoor parking.
B. H. 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.
C. I. Accessory Uses and Structures Not Listed
§ 154.510 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.
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SECTION 2. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter154: Zoning Code; Article X: Division Into Districts;
Section 154.350 to read the following:
Zoning District R
Reference
R-2 One and Two Family Residential 154.033
GB General Business
154.034
A Agriculture Article XI
RR Rural Residential Article XI
RT Rural Development Transitional Article XI
RS Rural Single Family
Article XI
RE Residential Estate
Article XI
LDR Urban Low Density Residential Article XII
MDR Urban Medium Density Residential Article XII
HDR Urban High Density Residential Article XII
V-LDR Village Low Density Residential Article XIII
VMX Village Center - Mixed Use
Article XIII
C Commercial Article XIV
CC Convenience Commercial Article XIV
LC Neighborhood Office/Limited Commercial Article XIV
BP Business Park/Light Manufacturing Article XIV
PF Public Facilities Article XV
SECTION 3. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter154: Zoning Code; Article VII: General Regulations;
Section 154.212: Sign Regulations; Table 5-3 to read the following:
Table 5-3 Ground Signs
Zoning District
Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR,
V-LDR
BP, C, CC, GB,
LC, VMX
No. of
Speed
Max Height/
Max Height/ Area
Max Height/ Area Total
Traffic Limit
Lanes (MPH) Area (Sq. Ft.) (Sq. Ft.) (Sq. Ft.)
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1-3 0-34 - 6’/32 10’/32
35-44 - 6’/32 10’/50
45+ - 6’/32 10’/72
4-5 0-34 - 6’/32 10’/40
35-44 - 6’/32 10’/64
45+ - 6’/32 12’/80
SECTION 4. The City Council of the City of Lake Elmo hereby amends the Lake Elmo City
Code Title XV: Land Usage; Chapter 153: Subdivision Regulations; Section 153.14: Park
Land Dedication Requirements; Subd. A to read the following:
Zoning Districts Minimum Required Land Dedication
R1, R2, R3, andR4 10%
RS, V-LDR, LDR, MDR, HDR 10%
RE 7%
RR and AG 4%
SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
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__________________________
Julie Johnson, City Clerk
This Ordinance 08-__ was published on the ____ day of ___________________, 2017.
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3. Approximate location of all curb cuts, driveways, access roads, parking areas, off-
street loading areas, and sidewalks.
4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and
lawns.
5. Conceptual grading, erosion control, and storm water management plan.
6. Conceptual sewer and water utility plan for the development.
7. Narrative indicating the types of uses or businesses that are contemplated for the
development, number of employees, parking and traffic impacts, and other
pertinent information about the proposed development.
8. The Director of Planning may require the applicant to supply proof of ownership
of the property for which the amendment is requested that illustrates legal or
equitable interest in the property.
E.Hearing Requirements. The Planning Commission shall hold a public hearing on each
complete application for a Zoning Amendment as provided in §154.102 of this Article.
After the close of such hearing, the Planning Commission shall consider findings and
shall submit the same together with its recommendation to the City Council.
F.Effect of Denial of Application. No application of a property owner for an amendment to
the text of this chapter or the zoning map shall be considered by the Planning
Commission within the one year period following a denial of such request, except the
Planning Commission may permit a new application, if in the opinion of the Planning
Commission, new evidence or a change of circumstances warrant it.
G.Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current
City of Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with
the current Comprehensive Plan, an amendment to the Comprehensive Plan must be
requested and approved prior to or concurrent with the rezoning request.
H.Coordination with Adjoining Communities. Any zoning district change on land adjacent
to or across a public right-of-way from an adjoining community shall be referred to the
Planning Commission and the adjacent community or county for review and comment
prior to action by the City Council granting or denying the zoning district classification
change. A period of at least ten (10) days shall be provided for receipt of comments. Such
comments shall be considered as advisory only.
(Ord. 08-085, passed 7-2-2013)
§ 154.106 CONDITIONAL USE PERMITS.
A.Required Findings. Conditional use means a land use or development as defined by
ordinance that would not be appropriate generally but may be allowed with appropriate
restrictions as provided by official controls only upon a finding that all of the following
provisions are met:
1. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
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2. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood.
4. The proposed use meets all specific development standards for such use listed in
Article 9 of this Chapter. (Ord. 08-152)
5. If the proposed use is in a flood plain management or shoreland area, the
proposed use meets all the specific standards for such use listed in Chapter 150,
§150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain
Management).
6. The proposed use will be designed, constructed, operated and maintained so as to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures.
8. The proposed use will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse
disposal, water and sewer systems and schools or will be served adequately by
such facilities and services provided by the persons or agencies responsible for the
establishment of the proposed use.
9. The proposed use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the economic
welfare of the community.
10. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare or odors.
11. Vehicular approaches to the property, where present, will not create traffic
congestion or interfere with traffic on surrounding public thoroughfares.
12. The proposed use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
B.Application Requirements. Conditional Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by
§154.101.A of this Article and with the submission materials listed in §154.101.B of this
Article.
C.Public Hearing Required. The Planning Commission shall hold a public hearing on each
complete application for a conditional use permit as provided in §154.102 of this Article.
After the close of the hearing on a proposed conditional use permit, the City Planning
Commission shall consider findings and shall submit the same together with its
recommendation to the City Council.
D.Final Decision by City Council. The City Council shall make the final decision on a
conditional use permit after a public hearing by the Planning Commission. The City
Council may approve, approve with conditions, or deny the application.
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E.Conditions. In reviewing applications for conditional use permits, the Planning
Commission and Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect
the value of property within the district and to achieve the goals and objectives of the
Comprehensive Plan. In determining such conditions, special consideration shall be given
to protecting immediately adjacent properties from objectionable views, noise, traffic and
other negative characteristics associated with such uses.
1. The conditions shall include all specific development standards for such use listed
in Article 9 of this Chapter. (Ord. 08-152)
2. If the proposed use is in a flood plain management or shoreland area, the
conditions shall include specific standards for such use listed in Chapter 151
(Floodplain Management) and Chapter 152 (Shoreland Management).
3. In addition, conditions may include, but are not limited to, the following:
a. Controlling the number, area, bulk, height and location of such uses;
b. Regulating ingress and egress to the property and the proposed structures
thereon with particular references to vehicle and pedestrian safety and
convenience, traffic flow, and control and access in case of fire or other
catastrophe;
c. Regulating off-street parking and loading areas where required;
d. Controlling the location, availability and compatibility of utilities;
e. Requiring berming, fencing, screening, landscaping or other means to protect
nearby property; and
f. Requiring other conditions to create compatibility of appearance with
surrounding uses.
F.Findings for Denial. If the Planning Commission recommends denial of a conditional use
permit or the Council orders such denial, it shall include in its recommendation or
determination findings as to the specific ways in which the proposed use does not comply
with one or more specific findings required by this chapter.
G.Permittee. A conditional use permit shall be issued for a particular use and not for a
particular person, except in the case of a permit granted for the uses of land reclamation,
mining or soil or mineral processing. In such cases, a permit shall be issued to the
particular person making application for such permit and such permit shall not be
transferred or assigned for use by another without the written consent of the City.
However, such consent by the City shall not be unreasonably withheld.
H.Periodic Review. A periodic review of the use may be attached as a condition of approval
of a conditional use permit.
I.Term of Permit. Unless otherwise stipulated, the term shall be the life of the use.
J.Revocation. Failure to comply with any condition set forth in a conditional use permit, or
any other violation of this chapter, shall be a misdemeanor and shall also constitute
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sufficient cause for the termination of the conditional use permit by the City Council
following a public hearing conducted in accordance with §155.102 of this Article.
K.Expiration. If substantial construction has not taken place within 12 months of the date
on which the conditional use permit was granted, the permit is void except that, on
application, the Council, after receiving recommendation from the Planning Commission,
may extend the permit for such additional period as it deems appropriate. If the
conditional use is discontinued for six months, the conditional use permit shall become
void. This provision shall apply to conditional use permits issued prior to the effective
date of this chapter, but the six-month period shall not be deemed to commence until the
effective date of this chapter.
(Ord. 08-085, passed 7-2-2013)
§ 154.107 INTERIM USE PERMITS.
A.Purpose and Intent. The purpose and intent of allowing interim uses are:
1. To allow a use for a limited period of time that reasonably utilizes the property
where such use is not consistent with the future land map in the Comprehensive
Plan; and
2. To allow a use that is presently acceptable, but that with anticipated development
or redevelopment or other significant change, will not be acceptable in the future
or will be replaced by a permitted or conditional use allowed within the respective
district.
B.Required Findings. An interim use permit may be granted only if the City Council finds
as follows:
1. The use is allowed as an interim use in the respective zoning district and conforms
to standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community.
3. The use will not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to all conditions that the City Council deems appropriate to
establish the interim use. This may include the requirement of appropriate
financial surety such as a letter of credit or other security acceptable to the City to
cover the cost of removing the interim use and any interim structures not currently
existing on the site, upon the expiration of the interim use permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility
fees due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at
the time of approval.
C.Application Requirements. Interim Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by