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05-02-17 CCSM
T111,, (ATV 01' LAKE ELMO Our A/fission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character NOTICE OF MEETING City Council Special Meeting 3800 Laverne Avenue North Tuesday, May 2, 2017 6:00 p.m. Call to Order 6:00 p.m. II. Executive Session Executive Session to discuss pending litigation regarding Zuleger v. City of Lake Elmo. This portion of the meeting will be closed pursuant to Minnesota Statutes Section I3D.05, subdivision 3 (b) III. Adjourn 6:55 p.m. LAKE ELMO ....m••••••••• Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner Odle Preserving the City's Open Space Character NOTICE OF MEETING City Council Special Meeting 3800 Laverne Avenue North Tuesday, May 2, 2017 6:00 p.m. Call to Order 6:00 p.m. II. Executive Session Executive Session to discuss pending litigation regarding Zuleger v. City °flake Elmo, This portion of -the meeting will be closed pursuant to Minnesota Statutes Section I3D.05, subdivision 3 (h) III. Adjourn 6:55 p.m. rr\ )I LAKE DAL° Our Mission is to Provide Quality Public Services iii a Fiscally Responsible Alaimo - While Preset -ring the City's Open Space Character NOTICE OF MEETING City Council Special Meeting 3800 Laverne Avenue North Tuesday, May 2, 2017 6:00 p.m. Call to Order 6:00 p.m. II. Executive Session EYecutive Session to discuss pending litigation regarding Zuleger v. City of Lake Elm©. This portion of the meeting will be closed pursuant to Minnesota Statutes Section 13D.05, subdivision 3 (b) III. Adjourn 6:55 p.m. urn' °I, LAKE ELMO Our Mission is to Provide Ouality Public Services in a Fiscally Responsible Manner 1,1"hile Preserving the City's Open Space Character NOTICEPF MEETING, City Council Special Meeting 3800 Laverne Avenue North Tuesday, May 2, 2017 6:00 p.m. Call to Order 6:00 p.m. II. Executive Session Executive Session to discuss pending litigation regarding Zuleger v. City of Lake Elmo. This portion ofthe meeting will be closed pursuant to Minnesota Statutes Section 13D.05„cubdivision 3 (b) 111. Adjourn 6:55 p.m. 10 district. Dodson thinks that could apply tomany V{the items onthe list. VViUiannsis wondering ifthere should beany kind ofamaximum building size inthe VK4X. M/S/P: Kreinner/VViUianns, move to increase setbacks along certain portions of county roads |nthe V-LDRto3Ofeet, Vote: 7-0, motion carried unanimously. Becker asked the Commission how they felt about the Accessory structure setback to side yard and garage width. The Commission would like the garage width to stay Bt40Y6 for VIVIX, but increase to 60% for V-LDR. K3/S/P: VViUiarns/Kreirner,move tOrecommend adoption ofOrd O8- as amended, creating a Village Low Density Residential District and making minor amendments to the Village Mixed Use District, Vote: 7-8, motion carried unanimously. City Council Updates — April 1Q.2017Meeting i) En8ineehng8'Landscape Des|gn&Construction Standards— Passed ii\ Bremer Bank Service Center Easement Vacations —Passed Staff Updates l. Upcoming Meetings 8. May 8,2O17 b. May ZZ,2O17 2. MAC CEP Report Commission Concerns Meeting adjourned at1O:45pnl Respectfully submitted, ]oanZiertnnan Planning Program Assistant Lake Elmo Planning Commission Minutes; 4-24'I7 g LDK. The VIVIXdoes not provide for accessory structures. Should they bethe same as urban residential districts? Should the width ofgarages bethe current standard of4OY6 or the proposed 6OY6asinurban districts? Should two-family dwellings beconditional uses aswell inVK4X? Williams asked about the mixed use definition. Could it beapplied 1oa development that had single family homes aswell ascommercial structures? VVensnnanstated that if itispart ofanoverall plan, the review would be done onthe whole thing and itwould beahorizontal mix, Kneinnerasked how wide the Village overlay buffer is. Becker stated that b/snot specified anywhere that she can tell. VVensnmonstated that ifyou scale it, itwould be about 1OOfeet, Kreirnerstated that his recollection was 1OOfeet. Dodson thought the idea was tohave the same buffer asanopen space development. Kreinnerdoesn't feel that 100feet is that hard to nnaintain. Williams feels that both existing and new single family homes should bcconditional uses. Kreimer agrees that if the conditions are met, new single family would be fine. Williams feels that 3family dwellings should also be conditional. Dodson feels that making them aCUP and evaluating ifthey fit, that can bearbitrary, Dodson asked if Single family homes are allowed, how would you prevent for example a very modern looking home from going in, Becker stated that aCUP could have conditions for design to be compatible with existing or intended character. Dorschneragrees that itshould be conditional, but isalso wondering ifthe whole section ufresidential uses should be. Larson iswondering ifhbburdening people, Commissions and the Council bymaking somany things conditional. Fields feels that making things conditional will not encourage projects t000nnefomvand. Lundquist agrees with Dnrschnerthat everything under residential should be a CUP to protect the current residents inthe Village. IVI/S/P: Williams/Dorschner, move to make all of the residential uses in VIVIX a conditional use, with confirmation from staff that there are no legal issues, Vote: 7-0, motion carried unanimously. K3/S/P: Williams/Larson, move to make auto parts supply a conditional use )oVIVI>i Vote: 7-1motion carried unanimously. M/S/P: Dorsch ner/Fields, move to make medical facilities a permitted use in VIVIX, Williams Lake Elmo Planning Commission Minutes; 4-24-17 8 Williams stated that there is an easy way to get more variety and that would be to put smaller homes 0nsome oƒthese lots. Williams made a friendly amendment to add to finding #2 the elimination of the trail at the cu|'de'sactothe parkway, accepted byDorschner. K4/S/P: Dorschner/Lundquist, move to recommend approval of the Easton Village 2 u" Addition Final Plat with the 1Oconditions ofapproval as drafted bystaff and amended: Vote; 6-1, motion carried, with Williams voting against. Williams asked ifany ofthe conditions mentioned that trail. Becker stated that the trail was a condition of approval for preliminary plat apprOva|. Williams asked if any of the findings for this approval address taking out that trail, VVensrnmn stated that a finding might bebeneficial. Dodson feels \t}scovered osfinding #3states issues identified in staff report. Business Item — Zoning Text Amendment — Village Urban Districts Becker started her presentation by going over the changes since the last meeting. Single family homes in VK4X are proposed as condition use. The required findings are that the use or development is compatible with existing neighborhood and that use will be designated constructed, operated and maintained so as to be compatible in appearance with existing orintended character o{the general vicinity and will not change essential character ofthe area. Current standards limit tothose existing at the time ofadoption ofordinance. Should the City limit single family homes tothose existing at the time of adoption of the Ordinance or allow new and expanding single family homes asaconditional use. Staff islooking for feedback onifthe City should only allow the existing single family homes, or ifsingle family hOnngs should be a conditional use and they can be reviewed at the time to see if it would fit in with the general character. The City Attorney was contacted in regards tothe mixed use definition. She did not have a definition as it is a mix of 2 principal uses already defined in zoning code. There was previously proposed to maintain an open space buffer as designated by the Comprehensive Plan without having to reference different setbacks in building permit review process. Developers donot think itispractical and feel obetter alternative might belandscaping and berms. They also suggest alandscape easement over the buffer. Model ordinance requires that developments over 5 acres in size have a mix of housing types. The Commission requested feedback from the County on why they want greater setbacks on County roads. The reasons are asfollows 1\portions ofthese roads are considered minor highways and ROW widening may be necessary Z\ higher traffic volume 3\Lake Elmo Ave provides direct Access toHwy 35 4\Trails may bedesired on both sides or four lanes, additional setbacks may accommodate construction 5) additional setbacks leave room for berrn)ngand landscaping. Thisvvasaddedto{haV- 7 the trail connection was discussed at the Park Commission and they didn't see a problem with it. Dodson asked about condition #7 encouraging builders to incorporate interior noise reduction measures. Dodson iswondering ifthat had been done inphase |. VVensrnan stated that heisnot aware ofifthat \shappening ornot. Kreimer asked if there was a net increase of the development with the extra lot for phaseU. Becker stated that the overall development would still beZl7units. Kreinner asked about the Village Parkway and why itdid not get built completely to2nd addition as required with the first phase. Torn Wolter, Easton Village Developer, they are eliminating the trail, however, there is still sidewalks in the cul-de-sac that connects tothe other sidewalks in deve/opmnen1. By eliminating the trail, they have avariety oflot widths and can accommodate different home types. People also like the privacy of not having a trail at the end of the cul-cle- sac. Dodson asked if there was a way to put the trail between Z other lots. VVo|te, stated that this segment oftrail really doesn't connect toanything. Dodson asked about the sound abatement. Wolter stated that would goback tothe building department. Dodson asked ifthe builders are being encouraged 1odoany sound abatement. Wolter stated that there inlanguage inthe HOAagreement regarding the airport. There isnoagreement between the developer and the builders. Dodson is concerned about the trail being removed as the discussion at preliminary plat was for connectivity. Williams doesn't think the trail should be removed. He thinks it does provide connectivity between the sidewalk and the cul-de-sac and Village Parkway. Hedoesn't buy the argument for privacy because the houses are sobig and soclose together that there isn't privacy anyway. Dorschner feels that because the houses are so close, the trail should be removed because there really isn'ta need with sidewalks on both sides. Hcfeels the trail is intrusive into the yards of those 2 lots and the lots would be hard to sell with the easement. Larson islooking atthis more osa jurisdictional issue. The Park Commission has seen this and reviewed this and they said that itcould betaken out. Larson feels it is more the decision of the Park Commission, Williams recalls that the Park Commission isn't in favor of trails at the end of any Cul-de-Sac and he doesn't agree with their position. Williams stated that there are many sidewalks and trails that go along the side of houses. Fields does not like tosee anamenity that was approved atpreliminary plat removed when itcomes tofinal plat, However, hedoes not see agreat functionality of that piece oftrail, Hehas mixed feelings about it. Kreirnerisinfavor o{trails atthe end of cul-de-sacs, but he is in favor of getting a better variety of lots in this development, Lake Elmo Planning Commission Minutes; 4-24-17 6 Lundquist stated that an example of perfect location for a solar farm not on 10 acres would bethe grade school with aflat roof. She also stated that something else tolook into would bephotnn`mtaicissomething tobeconcerned with and should be researched. Public Hearing opened at:pnn Noone spoke and there were nowritten comments Public Hearing closed at:prn K4/SJP:/'move to, Vote: -, motion carried unanimously. Business Item — Easton Village 3Final Plat Becker startedher presentation for Easton Village ZFinal Plat. This addition isfor l9 single family lots in the 327 unit development. Prior to approval of Final Plat, Preliminary Plans were updated to meet conditions of Preliminary Plat approval. Revisions to these plans were required in order to address the following: 1)recunfigure temp access 2\ grading plan revisions 3\ Adjustments to property Boundaries 4) Slightly larger buffer from railroad tracks 5) revisions to storrnvvater nngrn1. plan. The applicant has increased the number oflots for the 3nn Addition Final Plat application from 18 as proposed inPreliminary Plat, tol9and there badecrease inlot size. The developer has also removed a trail and out|oL There is 9.84 acres of required park/and dedication. 3.99 acres were dedicated with 111 addition which leaves a remaining 5.85 acres of cash payment inlieu ofland. The developer was required toagain update the preliminary plans prior to reviewing the Z"«Addition Final Plat to reflect the lot size and number changes. The issues with the landscape plans are as follows 1) there is no landscaping shown on Village Parkway 2) there are no utility locations 3) irrigation plans needed for ROW area 4) landscape maintenance agreement needed for ROW areas 5) condition of approval landscape plans updated and approved by City Landscape Architect. Staff is reviewing the Village Parkway Plan and the landscaping plans may be modified based on that review. The final plat isgenerally compliant with preliminary plat with the following exceptions 1) plan revision and proper permits required 2) parkland dedication is required and needs to be re-evaluated with trail and outlot being eliminated 3) #14 distribution of future costs associated with Village Parkway railroad crossing improvements to be determined as part of developer's agreement 4) #17 applicant is proposing eliminating trail connection. Dodson isconcerned with the elimination ofthe trail connection. They pushed at preliminary plat tohave that and doesn't know why itwas removed. Becker stated that Lake Elmo Planning Commission Minutes; 4-24-17 5 days and hours ofoperation. Packer stated that there are drainage sxva|esthat go behind the properties. They are not allowed tnput more water onto anyone's property. Becker went over what the hours ofoperation are. Public Hearing closed at8:lOp[n Williams is concerned about the tremendous grade changes in the NE corner of the development. Hepublicly withdraws his comments that they need not heconcerned with the effect onthe homes inWest Lakeland, Hethinks their views will be adversely affected bythis plan. VVensrnanstated that the former plans saved trees |nthat location, but to address flood plain storage issues, the plans were revised making the pond larger. Dodson is wondering if they need additional technical opinions regarding the water issues and how itcould affect Lake Elmo. VVensrnanstated that the Valley Branch Watershed District had done modeling on the Horseshoe Lake watershed and as a result there isa larger retention pond. M/S/P: Williams/Hartley, add draft finding #6 that the proposed phase I grading is consistent as a stand alone project regarding a tree replacement plan, Vote: 7-0, motion carried unanimously. IVI/S/P: Williams/Kreimer, would like to add to condition #7 after the words "are obtained", "before any work commences", Vote: 7-0, motion carried unanimously. M/S/P-. Dorschner/Lundquist, 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 as revised based on the revised findings in the staff report, Vote: 7-0, motion carried unanimously. Public Hearing — Zoning Text Amendment — Solar Energy Becker started her presentation by stating that the only thing that they are considering are the standards for solar energy systems. The change toallow for solar farms inrural districts was not advertised. Changes from the last meeting were 1) solar farms were added as a conditional principal and accessory use toAG O\ RR districts, Z\ Solar farm definition not be based solely on selling of power, as solar energy systems trade power back and forth, soitshould be based on size, 3\minimum lot size is lOacres 4\ maximum percentage of coverage is 25% 5) setbacks are subject to accessory structure requirements ofzoning district (or could be changed byConnrnission). Staff b recommending that this should be tabled at this time because the Fire Chief and Building Official made comments and suggestions, and they would like to have time to research and suggest additional standards. There isconcern about fire fighter risks associated with solar energy. Lake Elmo Planning Commission Minutes; 4-24-17 4 developer will need VB\NDapproval. The City Engineer miUb2\OnkingtoSee that there are no erosion control issues. Proposed grading is consistent with the EAW and the City made a negative declaration for anEIS. They are over the threshold for tree preservation for phase 1, but not for the total project. If the project does not move forward, they will be replacing trees. The details ofthe grading are that no utility work will beincluded. The grading will encompass NEarea and 5VVarea ofR[Gwith 73acres tubegraded. There balarge basin near 201h street and Manning for floodplain replacement and construction of a new entrance to7nmStreet. There are noplans totruck material inand out ofsite. The grading plans include construction of large modular block retaining walls. All disturbed ground will berestored with seeding and fiber blankets per ordinance, Wetland l6will beexcavated and replacement bypurchase ofwetland credits. The access for the grading will be fromZDm Street for the NE grading work and fromI01^ Street for the SE grading work. Access locations need to be shown on grading plans and aVVashingtVn County ROW permit is required for access from 1011 Street. NOgrading can occur until Council approval, grading plan approval by city Engineer, conformance with City erosion control standards, VBVVDapproval, and anNPDE5 Permit, Grading Agreement execution and securities in place, tree preservation staking 8'Precmnmeeting. Hartley asked what happens to the grading agreement if the preliminary plat is delayed. VVensnnan stated that this agreement will stay in place until it is replaced with a developer's agreement. Public Hearing opened at7:53prn Susan Dunn, 11018 Upper 331d Street, talked about the significance of the waterway that Dorschner brought up. There was questions regarding the trees that were There were 2 email comments in support of this from Mike Tate, 11588 2 Oth St & Bonnie Morris, I16l3Z[ynStreet. m K4aryLeslie, 1I54bZOmStreet N,asked about the nevvgravel road conningoff of2[y Street and ifitwould bepermanent, People onZOmStreet are very interested 1oknow what the changes will be. She also commented onthe water inthat area and the problems that they had inthe past. Tom Barnes, 1734Manning Trail, his drainfieNiothe lowest inthe area and wants the Lake Elmo Planning Commission Minutes; 4-24-17 Public Hearing — Grading Permit in Excess of 400 cubic yards of material Wensman started his presentation regarding a grading permit for HC Royal Golf to excavate over4OO cubic yards per acre of site area. This is for phase | of the development and covers 73acres tobegraded. This isavery large first phase because utilities are coming from the south, but the clubhouse is required to hook up to sewer within Zyears inthe north. Normally grading occurs after preliminary plat approval. The City Council has not yet approved the Preliminary Plat/PUD. They are awaiting Met Council determination. RG[ is seeking early grading because the Met Council CPA approval likely won't beuntil late K4ay2Ol7. The developer wants tmget astart sothat Phase | can becompleted in2OI7. Grading prior to plat approval is solely at the developer's own risk as there could be changestothep/at. This will beacknowledged inthe grading agreement. There will be an escrow for the cost estimate for remediation if the plan doesn't move forward, There would beescrow for erosion control, seeding and tree replacement. if the preliminary plat moves forward, the grading escrow will be replaced by developer escrow and released. Williams asked if the utility work would happen after the preliminary plat is approved. VVensrnanstated that iscorrect. Kreinnerasked ifthe preliminary plat had been approved would they need todothis. VVensrnonstated that no, )twould bepart ofthe Preliminary Plat process. Hartley asked what the time frame for the preliminary plat tm take over the grading plan. VVensn1anstated that they are trying toget ahead ofthe preliminary plat approval. Hartley asked if there is a time frame that the City would decide the Preliminary Plat wasn't going to happen and vvoV|d start to restore the site. Wensman stated that if the City Council denies the plat, or the Met Council denies the CPA and asks for changes, VVensrnanstated that the escrow would beused bythe City once the project isdeadand the developer isnot doing the rennediation. Dodson felt that only giving the developer 10days before rernpdiatiOntakes place, was not enough time. Williams asked how the total number of trees would be handled for the tree preservation plan if this is approved and then the plat changed. VVensnmanstated that arevised tree preservation plan would be required if there are changes and it would be addressed through construction plans. Dorschnerosked aboutVBVVD and MP[Apermits ascopies were not in pocket. VVensnnanstated that they have not been obtained yet. Dorschnerstated that this property is critical tothe watershed in the City area and specifically regulating Lake Elmo. VVensrnan stated that VBVVD is currently reviewing the Preliminary Hat grading plan. Wensman stated that most of the issues that the VBWD are dealing with on the plan have to do with flood storage and building pad elevations and redirecting storm water from Downs Lake toHorseshoe Lake. Before any grading can bedone, the Lake Elmo Planning Commission Minutes; 4-24-17 Z These properties are currently not used for business, even though that is how they are zoned. Becker stated that the reason they are rezoning these properties is because they donot meet the GBstandards and are legal nVn-conforrninQ. The rezone tnVK4%will give them more appropriate standards to work with for their properties which will make them more conforming and provide greater flexibility. Williams asked if they had heard anything from the property owners of the 2 parcels. He is wondering if they might have thought they were going to be rezoned to VMX. Becker stated that itispossible, but after reviewing the map, itwas determined that they are guided for RAD. Williams asked about the impervious surface allowance inthe table. Beckerstated that the numbers in table are reversed. Williams asked if the list of properties included any residential properties, Becker stated that ifthey were not already zoned asGB, they were not included. There were acouple ofproperties that were zoned asresidential that are used for business. Those are being rezoned 1oVMX. Public Hearing opened ot7:l4pnn SusanDunn,l1018Upper33mStreet,sheisconcernedasshe|k/esinasinu1efanni|y home inthe Village. Dunn i5wondering ifall single family homes will bereguidedto Vu4X. Becker stated that no, not all would berezoned, Only those currently zoned GB and those guided for VK4Xwill berezoned. Becker estimated that approximately 78 acres would berezoned. There are approximately I]O0acres inthe Village, with approximately lG4acres guided for VK4X. Dunn asked how many units per acre are in VK4X, Becker stated that there are 6'1Ounits per acre. Dunn isnot infavor ofthat large ofanarea being VMX. There were no written comments Public Hearing closed a17:lQpmn Larson asked about the single family homes and how they would be handled. Becker stated that itdepends how the ZTAfor Village Urban Districts isdecided. She stated that right now, itstates that single family homes are permitted. VVensrnan stated that the single family homes are not being rezoned atthis time. VVensnnanstated that the next step istodecide with the ZTAhow tohandle them. Afterward, they should be rezoned, reguided,orleft that same. M/S/P: Williams/Lundquist, move to recommend a Zoning Map Amendment rezoning properties outlined in Ord. 08- to VK4X—Village Mixed Use, Vote. 7'0, motion carried Lake Elmo Planning Commission Minutes; 4-24-17 T���T�l�lM/Ti City ofLake Elmo Planning Commission Meeting Minutes ofApril 24,3017 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT:Dorschner, Fields, Larson, Kreinner, Dodson, Emerson, Williams, Lundquist and Hartley COMMISSIONERS ABSENT: STAFF PRESENT. Planning Director VVensrnanand City Planner Becker Approve Agenda: Accept the agenda aspresented. Approve Minutes: April 10, 2017 K;/S/P: VViIlia nos/Oodson, move to approve the April 10L 2017 minutes as presented, Vote: 7-D,motion carried unanimously. Public Hearing — Zoning Map Amendment — Rezone Properties to VMX Becker started her presentation by reviewing what was discussed at the March 27, 2017 meeting. After advertising the public hearing notice for that meeting, staff 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. There are 2properties that are zoned GB, that are guided for RAD. Staff does not recommend rezoning these atthis time. The guidance ofthe properties should first be reconsidered with the ZO40Comp Plan update process. ASaresult, GBstandards will need toremain \nthe code. The 5chi|tgenparcel, which isalarger parcel, was added to the PH notice, however, staff is not recommending that it be rezoned at this time. It is typical for the developers to rezone during Preliminary Plot process. Dorschnerasked why vvewould keep the general business standards. VVensrnanstated that 2parcels are zoned GB, but are guided for RAD. VVensrnan-stated that until the guidance is changed, if they continue to remain GB, there needs to be standards. Doocbner stated that hethought this whole exercise was to get everything in line now because ofnew development coming in. VVensnnanstated that \fitisthe desire ofthe Commission to get rid of the GB standards, those 2 properties could be rezoned to RAD. [8ke Elmo Planning Commission Minutes; 4'24'l7 sufficient cause for the termination of the conditional use permit by the City Council following a public hearing eonducted in accordance with §155.102 of this Article. K. EAT/ration. If substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted, the pertnit is void except that, on application. the Council, after receiving recommendation from the Planning Commission, may extend the perrnit for such additional period as it deems appropriate. lithe 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 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 vill 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: 7 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 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 pennit. 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. :4pp/feat/on Requirements. Interim Use Permit applications shall be submitted to the Director of Planning on such form. and accompanied by such information as required by 7 V-11 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. 0S-152) 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 ben-ning, fencing, screening. landscaping or other means to protect nearby property; and Requiring other conditions to create compatibility of appearance with surrounding uses. F. Findingsibr 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 pennit. Tom qfPermit. Unless otherwise stipulated, the term shall be the life of the use. .1. 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 V-10 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, § I 50.250 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 sun'ounding 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 §1.54.101.B of this Article. C. Public Hearing Required. The Planning Commission shall hold a public hearing on eaeh 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. V-9 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, 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. LJT feet 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 pennit a new application, if in the opinion of the Planning Cornmission, 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. Requfred 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 he detrimental to or endanger the public health. safe comfort. convenience or general welfare ol' the neighborhood or the city. V-8 Planning Commission Draft **4424/2017 Julie Johnson, City Clerk This Ordinance 08-_ was published on the day of 1 20 17. 17 Planning Commission Draft 4/44424/2017 1-3 0-34 6'/32 10'r32 4-5 35-44 45+ 0-34 35-44 45+ 6732 6732 6732 6' 32 10750 10772 10740 124/80 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; Suhd. A to read the following: Zoning Districts R I < R2, 83, andR4 RS, V-I.DR. LDR. MDR, EIDR RE RR and AG Minimum Required Land Dedication 1053 10% 7% 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: 16 Planning Commission Draft 4/44412017 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-2 One and Two Family Residential GB General Business A Agriculture RR Rural Residential RT Rural Development Transitional RS Rural Single Family RE Residential Estate LDR Urban Low Density Residential MDR Urban Medium Density Residential FIDR Urban High Density Residential Oert,,,t1, VMX Village Center - Mixed Use C Commercial CC Convenience Coinmercial LC Neighborhood Office/Limited Commercial BP Business Park,./Light Manufacturing PF Public Facilities Reference 154.033 154.034 Article XI Ankle XI Article XI Article XI Article XI Article XII Article XII Article XII Anicle X(II Article XIV Article XIV Article XIV Article XIV 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 Rq,Yulations; Section 154.212: Sign Regulations; Table 5-3 to read the following: 'Table 5-3 Ground Signs A. UDR, OP, Zoning District RE, RS, RR', RT MDR, C. CC. GB, LC. VMX Total Speed Max Height/ Max Height: Area Max Height,' Area Traffic Limit Lams OM P1-1) Area (Sq.. Al (Sq. Ft.) (Sq. Ft.) 15 Planning Cornrnision Draft 4,11 -li2017 Detached structures. Detached accessory structures for permitted residential su-uctures in the .accordance with the following requirements: Detached accessory structures shall be located to the side or rear of the principal building, and are not pennitled within the required front yard or within a side yard abutting a street, h. 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 he increased upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. c. Pole hams, as defined herein., shall he 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. Exterior Storage on Residcntial Parcels, All materials and equipment shall he stored within a building or be fully screened so as not to be visible from adjoining properties, except for the follov,ing: 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 (61 months shall he 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 67-1't; 11:1 e. Storage of firewood shall he kept at least ten (10) feet from any habitable structure and screened lion view of adjacent properties. 11 Outdoor parking. Tumpormy Sales. Temporary sales, also known as yard or garage sales, arc 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. N14 c;(1111-14 14,1, -11-„Ps 411;11) Standards fOr accessory uses and structures that are permitted in all disitict,s, or in all residential buildings in anv district, are listed in Article 7, Specific Development Standtals. 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. 14 Planning Commission Draft 4/4414/2017 E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. Nt---1q144,N" f ( A.. L =,,,;.w„.41'4'iti . On parcels used for residential structures within the Districtp, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction ofthe 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 constniction. Attached structures, An accessory structure shall be considenxl 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. 13. The structure shall not exceed the height of the principal building to which it is attached. Attached Gar'ages. 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: 411°4 f”,H, ii. The width of the attached garage shall not exceed 40% of the width of the entire principal building facade (including garage) fronting the primary street. Attached garages shall um exceed one thousand (,000) square Ceet in area at the ground floor level except by conditional use permit. Gat -age doors or openings shall not exceed fourteen (14) feet in height. 13 Planning Commission Draft 4/4L472.017 2. Revicii- by Prokssionill The authorizing body may request review by a design professional of the proposed design or detnolition. The. cost of review by such design professional shall be charged by the applicant, and shall not exceed S ,000 unless otherwise agreed to by the applicant 3. Development Ac:tivitv Dclinect 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. amp? 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 arc 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 §I54.212 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 °fa structure. 154.507 ACCESSORY USES AND STRUCTURES Accessory uses are listed in ni.- 4I Table I, as permitted or conditional accessory uses. Accessory uses and structures in the VIv1.?: District- shall comply with the following standards and all other applicable regulations or this ordinance: A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of consuuction of the principal use to which it is accessory. 13. incident& to Principal Use.'rhe accessory usc 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. 12 Planning Commission Draft 440271/20 17 b. The dwelling unit component shall maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street. c. The work space component orate unit shall not exceed flinty (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 oldie unit, or undergoundlenclosed. llie size and nature oldie work space shall be limited so that the building, type may he governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to bc classified as a mixed -use building. f The business component of the building may include offices, small service estab)ishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with line arts, crafts, or personal services. It may not include a wholesale business, a commercial fnod 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 ;t .titt'ao;.-e is located on side or rear facades, not facing thc mimary abutting street. The primary street -facing flicade shall he designed for retail, office or residential use. 9. Ouldoor Dining ,-lecessory to Food SelTices. Outdoor dining is allowed as an accessory use in the commercial districts, provided that tables do nut block the sidewalk. A minimum of five (5) feet of sidewalk must remain open. § 154.506 NA -IX DISTRICT DESIGN AND DEMOLITION REVIEN‘ A. Review of Design, For certain development activity as specified in the Lake Elmo Design Standards Alanual, design review is required as part of the approval process for a hit permit, or certificateI' under this Ordinance, All projects subject to design review shall bc reviewed for conformance with the Lake E/mo Desi,gn Standards Manual. A separate process for design review is not established. I. Reticle ,1ilioritty and Process. Design review shall be the responsibility of the individual or body authorizine the pennit or certificate and shall he incoipurated in the established review of the applicable Tir or certificateALl ?,,!ti(irt cocitoniuic,-. 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, 11 [limning Commission Draft .41HC.,,l/2017 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. Veterinaly SoTices. a. All activities must be conducted within an enclosed building. 5. Garden Center, a. The storage or display °Carty materials or products shall meet all setback requirements of a structure, and shall he maintained in an orderly manner. Screening along the boundaries of adjacent residential properties may be required, meeting the standards of Article 6, Section h. All loading and parking shall he provided off-street. c. The storage orally soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses. 6. /lilloniubde t lain tenance 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 °fa structure, and shall be totally screened from view from adjacent public streets and adjacent residential properties. 7. Live-lrork Unit. The purpose of a live -work unit is to provide a transitional use typo between a home occupation and a larger commercial enterprise, and to provide neighborhood -oriented commercial serviees, 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 (lithe budding, 10 Planning Commission Draft 4/4/20 17 a. 1.4J ,t‘ fie,,,,,: '47 b. Unless otherwise specified in this Article, Single and Two-Fainily Dwellings in the VM X district shall adhere to the I tr. district setbacks as specified in §154.452, 5. Single -Family Attached, a, The primary entrance to each unit shall be located on the facade fronting a public street; an additional entrance may be provided on the rear or side facade, f r ir VI V5.5lrirc"-e-t-s-ticw, 4:1-Wfel'€),..:1,--pirtlfl(tf teal-401i f eritirx)4,1.(tek-i4c,r-itue4ttr4 ii11t-v-be-rtti.RY-trti(i4i.44...,o of tt44.1.0--iflii.r-M14-ti,4,1,-{iflirterT-Itiir.‘111ii-rtr-r.., v I )4i-rirl+enr-rs-ii i tie Ll-ri orve-Fili-)71-)t-Fc.irlw).)(4--i,-rx)fte444 0common 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, No parking shall be located in the front yard or between the front facade and the street I 9 1)5,5•11-,,t lei:5„5te.5.:5 r rl. :5 5„H, r11) 6. Alttlri-Family Dwelling Unirs, a, Dwelling units (both condominium and rental) j:).-Lici) are restricted to the upper floors or rear or side ground floors or a mixed use building. qv, ----""i Formatted: Font color: Red. Strikethrough f Formatted: Font color Red, Strikethrough .., ,.; , \ LFormatted: 5trikethrough `. Formatted: Font color: Reel, Strikethrough \ I Formatted: Font color: Rec, Strikethrough Formatted: Strikethrough i51,5 I Formatted: Font color: Ree, Strikethrough 1;Al Formatted: Strikethrough Formatted: Font color: Red, Strikethrough Formatted: Strikethrough ik Formatted: Font color; Red, Strikethrough Formatted: Font Font color: Red Commented (EBTI: VerifyinK with the City Attorney Planning Commission Draft 4/4/2017 D. Exterior ,Stu/age. Exterior materials storage must be screened from view from adjacent public streets and adjacent residential pmperties, by a wing of the principal siructurc or a screen wall constructed of the same materials as the principal strucifire. Height of the structure or screen wall must he sufficient to completely conceal the stored materials Rom view at eye level (measured at six feet above ground level) on the adjacent street or property. E„Sereening of Existing Residential Sollefares. 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 buffeting or screening above and beyond this section in cases where the required screening will not provide an adequate separation between incompatible uses, tli fey4i.;t4-4 § 154.505 DEVELOPMENT STANDARDS FOR SPECIFIC USES Development of land within the 4 istricti; 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 al §154.506. ,f Ond ur.1 dcp;iL h21:11 . ti) 1.4",PA 3. .S'econdii,i, Dwellings, Village Dis lief. Restricted to lots occupied by single-family dwellings, and must mect the standards for secondary dwellings in residential districts, § 154.13454 (C) and he located within the primary structure. 4. Single-Fami/y ;,4;4.;;: 4! and Jo-Ferniqv Dwellings, Planning Commission Draft 4/00011.l0f/2017 yard setback, whichever is 'L.'s's. Ifno structure exists on the adjactart propei-ty, aiirt ory,,i6:01 thesetback shall be shown in the table. Prornot), zo-ned ',4-1 ribuidnn ukoi`Sr\11 Ori3Or1 41Avsrinty St114,vatel 1310 '44A4{ 141 siv<1.P. h,t44r..4 mirmtiuni rtructr.iry irret totartreYt aboiltOtt All 1 '! ,trO !,,014 4 vhati. lid,tr-irt-444,..torttufitor.r.,4-brAcri,-firjt,,,rhiltfij, COnlillerlied IEB21: Need to tofrity with lho Ctoonty why this is needed_ .• § 154.503 DIMENSIONAL REQUIREMENTS AND PRESERVATION OF OPEN SPACE A. Averaging of Lot Arvct. When lots are clustered within a development to provide common open space, the open space may he used to calculate an average density per lot to determine compliance with the individual lot area requirements, 13. 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 developillent, (); , ' )C1 tt'htpit'lt:ttlt, ttl d„,,,,t,oit,ottO '04 thy 4 4,rmirr,r4:„J,r;j4r,.1,....-144:-.4 n•r! al4 ti 44r-10.4m La 4,1r. ,shafl n0- t'it...:Ictatth 41" i ir.,.13..11cdnr:r or r,..:,..romur 31rovidoi ;is, an dlurroative 4,4 c. rorrril § 154.504 GENERAL SITE DESIGN CONSIDERATIONS — Development of land within thir,,V1',,r-X Ajillair,„District shall follow established standards for traffic circulation, landscape design, arid other considerations as specified in Article 5, 6 and 7, A. Circulation, New access points to "1. :0'. A ?::1 10 may he 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 he 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 pexlesuian, and shall comply with •';,11 50.035-150.038 Lighting, Glare Control. and Exterior Lighting Standards. Planning Commission Draft 4/-i 0:1,)/20 17 Front Yard Interior Side Yard Corner Side Yard Rear Yard Garages Notes to r Districts Table I©'' o 1 0' a. No development may exceed the residential density range as specified in the Comprehensive Plan for the land use categoty. b. Two-fatnily units may he 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.. e. 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.c. 1 unit per 2.500 square feet. This standard is also used for multifamily dwellings, d. Buildings up to 45 feet in height may he pi:milted as part of a PUD ---"rj Commented FEB21: This is already indicated in 154.505 (A) (3) ())) e. Side yard setbacks in the VNIX District apply only along lot lines abutting residentially zoned parcels or those parcels with residential uses as the sole use, .Conner properties: the side yard facade ola comer building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. or the required front Planning Commission Draft 41J/20 17 Nore: .Stanciards listed in Table I -I are listed be .-Irticic. Section and Subsection. 'Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in with the exception of building supplies sales and warehouse club sales. § 154.502 LOT DIMENSIONS AND BUILDING BULK REQIJIREN1ENTS 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, v"i4N.).1i1j.0^f Districts V - LI)R Minimum Lot Area (sq. ft.)a Non -Residential Use Single Family Detached Dwelling Two -Family Dwelling (per unit) ° Single -Family Attached (per unit) c Multi -Family Dwelling (per unit) Secondary Dwelling Live -Work Unit Congregate Housing Other Structures Maximum Lot Area (acres) Residential Structures Other Structures Minimum Lot Width (feet) Single Family Detached Dwelling Two -Family Dwelling (per unit) ° Single -Family Attached (per unit)c Multi -Family Dwelling (per building) Live -Work Unit Maximum Height (feet/stories) aximum Impervious Coverage Residential Structures Other Structures Minimum Building Setbacks (feet) M VM X None ‘gW 3.000 2,500 1,800 See 154.454 (C) 3,000 3,500 5 30 25 75 25 35/3 75% No Limit Planning Commission Draft Food Services Standard Restaurant Restaurant with Drive -through Drinking and Entertainment Sales of Merchandise Retail Trade I :armer's Market Garden Center Neighborhood Convenience Store Shopping Center Wayside Stand Automotive/Vehicular Uses Automobile Maintenance Service Automobile Parts/Supply Gasoline Station Parking Facility Sales and Storage Lots Outdoor Recreation Outdoor Recreation Facility Parks and Open Areas Indoor Recreation/Entertainment Indoor Athletic Facility Indoor Recreation Transportation and Communications Broadcasting or Communications Facility !,t '44ttiti4tt4il ttOt ttttt Itr1{14g4,;Itt tll tH, trt,6 'lt i ttl't! 4..1t4t114Y.! Accessory Uses _ . Home Occupation Bed and Breakfast Family Day Care Group Family Day Care Temporary Sales Parking Facility Solar Equipment 'Swimming Pools, Hot Tubs, Etc. Other Structures Typically Incidental and Clearly Subordinate to Permitted Uses c IP P c P c P c P c P 4(4444:4(20 17 )4544. 444 ; 444. ttt„44.5 „._44 ,444_t. _ ..„ 4 (44444.4444,-.24 44444- ,..4444.444.4\ 4t4t- 44-tt 4.4t4tt.44.4444,4trd.,45...4. :444 tt4,4,444444,44, 444., (444 44-44444 54i,4444..ttt 4 tt,t, 4,,t 4 5_, t4( (4,4t(4.(44tt:44 ft: 4-tt,444tt444.44tt444 4444 50'4_034 4-444, ttt 4444 4,44 tit4ttt(t.t 3'4( , 4544 r, t.5 t 3 4:4 j t4(44.44444t-444 t 4444, t C to, 444.444.4t 444,4; t 44.444t,(444442-41444t,:iti7 4 4 44 tt t4tt - tt-tt: tttt tttt „t4t t. .444„ t-St4:4-t-4 ;Ct.. -1 4:444, t? Ittt: 44J4444i .44 44 t .444 ftt.t44 t, h 4 Planning commission Draa Table l - Permitted and Conditional lises, Districts V _WI I KsidntiI Uses Household Living Single-family detached dwelling Two-family dwelling Single-family attached dwelling Multifamily dwelling Secondary dwelling Live -work unit Group Living 'Ciroup Horne 'Group Residential Facility 'Congregate Housing ISemi-Transient Accommodations 'Public und Civic Uses ommunity Services Pay Care Center 'Public Assembly Religious Institutions Schools, Public and Private Services Business Services Business Center Offices Communications Services Education Services Financial Institution 'Funeral Home Lodging Medical Facility Membership Organization 'Nursing and Personal Care Personal Services Repair and Maintenance Shop [Trade Shop 'veterinary Services c 'MX 4/4024./2017 Standard 11,33,33- 34433 ,33.56-344?-313;, Y3433333,6 032,, 1444.54i44::,!-, ri4 1 51 4 f:J.1 Planning Commission Draft 4/ 4,0/2017 Table 1 1- 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 rnay he combined on a single parcel: I. Principal and accessory uses may be combined on a single parcel. 2. A principal and secondary dwelling unit may he combined according to the standards of Section I, Single-family attached or multi-hunily complexes designed for rental or condominium occupancy, since these typically inelude multiple units and buildings en a single parcel. 2. Other permitted or conditional uses allowed within the district may he combined on a single paitel, provided that a unified and integrated site plan is approved. The entire development must be approved as a conditional use. 3. A inixed-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. 2 Planning Cotmnission Draft 4/4/2017 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 I. 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 A-TtAT:4)441,i- DISTRICTh § 154.500 PURPOSE AND DISTRICT DESCRIPTION ,idz:ntiat firtd. ,nrco-....Tdint: no-JO -A7c.-=it,. IJ 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 !CI" QC: 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 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 . Required Findings for Conditional Use Permits. 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. Tillage 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 benning 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 Elino 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 benning 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: I. 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. 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. 7 BUSINESS ITEM 5b — ACTION ITEM TO: FROM: SUBMITTED BY: REVIEWED BY: STAFF REPORT DATE: APRIL 24, 2017 AGENDA ITEM: 5B — BUSINESS ITEM CASE #2016-59 Planning Commission Emily Becker, Planner Zoning Text Amendment — Village Urban Districts 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. 11-ANNINqi4QrfING. ANALY5IS: 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 inay 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 BUSINESS ITEM 5b BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 2, 2017. Mayor Mike Pearson ATTEST: Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF LAKE ELMO RESOLUTION NO. 2017-041 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-175 BY TITLE AND SUMMARY WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-175, an ordinance amending Article XIII: Village Mixed Use Disnicts, creating a Village Low Density Residential Zoning District and amending standards of the Village Mixed Use Zoning District; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-175 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-175, which: • Creates a Village Low Density Residential (V-LDR) Zoning District, which allows a density of 1.5-2.49 units per acre for areas guided for Village Low Density Residential in the Comprehensive Plan. • Sets forth lot dimension and setback requirements for the V-LDR zoning district. • Allows single-family detached and two-family dwellings within the Village Mixed Use district as conditional uses (previously permitted only if existing). • Designates live -work units and automotive/vehicular uses as conditional, rather than pennitted, uses. SECTION 4. Adoption Date. This Ordinance 08-176 was adopted on this 2nd day of May, 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Al I EST: Julie Johnson, City Clerk This Ordinance 08-176 was published on the day of , 2017. 2