HomeMy WebLinkAboutPZ Packet 09-24-12 THE C,I"1'l' OF
JAKE �LM� 3800 Laverne Avenue North � (b59) 777-5510
Lake Elmo, MN 55042 www.(akeelmo.or9
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, September 24, 2012 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. September 10, 2012
4. Public Hearing 8
a. ZONING TEXT AMENDMENT—SHORELAND STANDARDS. The Planning
Commission is being asked to consider a zoning text amendment that would
change the setback from the Ordinary High Water(OHW)Mark for water-
oriented accessoiy structures from 20 feet to 10 feet.
5. Business Items `
a. VILLAGE PLANNING UPDATE. The Planning Commission will receive an
update regarding public comment and reaction to the Village Future Land Use
Plan,which was presented to the public at a Town Hall meeting on September 20,
20t2.
6. Updates
a. City Council Updates
i. The City Council approved Ordinance 2012-62, adopting the updates to
the Zoning Ordinance, including the new sewered residential and
commercial zoning districts to be implemented in the I-94 Corridor.
b. Staff Updates
i. Upcoming Meetings:
1. October 10, 2012. Please note that this Planning Commission
meeting is on a Wednesday due to the City's observance of the
Columbus Day holiday.
G. Commission Concerns
7. Adjourn
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THE CITY OF
LAKE ELMO
City of lake Elmo
Planning Commission Meeting
Minutes of September 10, 2012
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:01pm.
COMMISSIONERS PRESENT: Williams, Bloyer, Hall, Haggard, and Fliflet;
COMMISSIONERS ABSENT: Obermueller; and
STAFF PRESENT: Planning Director Klatt and City Planner Johnson.
Approve Agenda:
Chairman Williams asked to add a discussion of the Planning Commission schedule
before the updates.
M/S/P, Williams/Hall, move to approve the agenda as amended, Vote: 5-0.
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Approve Minutes:
July 23, 2012— M/S/P, Hall/Williams, motion to accept the minutes for July 23rd as
presented, Vote: 5-0.
August 13 — M/S/P, Hall/Fliflet, move to accept the minutes for August 13th as
presented, Vote: 4-0, Williams abstained.
August 27— M/S/P, Williams/Bloyer, move to accept the minutes for August 27th as
amended, Vote: 4-0, Hall abstained.
Chairman Williams made three corrections to the minutes.
Public Hearing: Conditional Use Permit—Gatsby Investors LLC
Planning Director Klatt gave a presentation about the proposed grading project at 9242
Hudson Blvd. N. He provided a location map of the proposed project, showing the
neighboring properties. Regarding the site, Planning Director Klatt highlighted the
surrounding land uses, which are predominantly retail in nature. In the location of the
proposed grading project, the Summit Board Shop has an existing small hill used for the
demonstration of ski and snowboarding equipment. This proposal would enlarge the
( scale of this existing hill.
Lal{e Elmo Planning Commission Minutes; 9-10-12
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( Planning Director Klatt noted that this proposal requires Planning Commission review
due to the movement of over 400 cubic yards of material per acre of the site, requiring a
conditional use permit.
PlanningDirector Klatt moved on to provide the history of the p y site. The zoning is
General Business. In addition, there are some site constraints, including a BP pipeline
easement, an existing septic system, and access issues.
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Going into further detail, Planning Director Klatt noted that the proposed project
includes grading of approximately 5 acres. The northern portion of the side will serve as
a storm water retention pond. Also, the grading will extend`into the adjacent property
owned by Dale Properties, who is a co-signer on the application.
Regarding Staff comments, Planning Director Klatt noted that the grading limits may not
extend into the existing drainfield of the septic'`system. In addition, an access easement
must be granted to gain access to the storm water pond. To allow this.appiication to i
proceed, the applicant must obtain/completethe following items: j
• Written authorization from:the gas line easement°holder.
• So. Washington Watershed District Permit must be obtained
• Maintenance agreement must be drafted. 1
+ Easements over the pond must'be obtained.
• NPEDS Permit must be obtained.
Staff recommendation is that.the Planning Commission table this item until the
additional items are provided
In addition to'showing the location of the septic drainfield, Klatt went through the tree
preservation/removal,plan 11e noted that the applicant must replace or replant 50% of
the trees that are being removed.
Planning Director Klatt opened the floor to questions from the Planning Commission.
Commissioner Bloyer asked about the issue of the drainfield. In addition, he noted that
sewer may be available in°that area soon.
Planning Director Klatt noted that the grading cannot disturb the drainfield. In addition
a Bolding tank scenario would only suffice for 12 months. Regarding the timeline for
sewer it is not clear whether it would be available in 12 months.
Commissioner Bloyer asked if the Planning Commission could approve the proposal with
the attached conditions.
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Lake Elmo Planning Commission Minutes; 9-10-12
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( Planning Director Klatt noted that the additional work necessary for this project will
most likely change the project in a significant enough way to warrant the proposal to
come back to Planning Commission for review.
Commissioner Haggard asked about the future land use of the adjacent properties.
Planning Director Klatt noted that there is commercial and residential uses nearby in the
future land use map of the 1-94 Corridor.
Commissioner Haggard asked about utilizing lighting and fences to buffer the use from
the future development.
Planning Director Klatt noted that the applicant could answer these questions.
Mr. Joe Heinen, the applicant, made a small p,esentation. He noted that he has owned
the building since 2003 and runs the Sum61 Board Shop. The shop includes an indoor
skate park sized at over 10,000 square feet 'Regarding the.proposed hillintended to be
used for skiing and snowboarding,the applicant noted tha it is intended-for-skill
development and demonstration alnaddition, the hill will be an important part of the
business' marketing strategy in terms of frosting small events. Finally the applicant
noted that the size of hill will not nual,any of Metro areas ski hills. It is more
intended as an opportunity for kids as an after school opportunity as opposed to a full
day excursion.
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Commissioner Haggard asked about fencing-and lighting.
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Mr. Heinen noted that they fuliy intend to meet the City's lighting ordinance. In
addition,.a fence maybe helpful for safety reasons to keep people out of the area after
it is closed.
Chairman Williams asked the applicant how late the shop is open.
Mr. Heinen noted that the store is open until 9pm, after which the hill would be closed.
Commissioner Hall asked if all the skiing would take place on the south-facing hill.
Mr. Heinen noted that all the skiing would take place on the southern portion of the hill.
Chairman Williams opened public hearing at 7:45pm.
Chairman Williams closed the public hearing at 7:46pm
( Commissioner Fliflet asked if the amount of existing parking is adequate for the
proposed use.
Lake Elmo Planning Commission Minutes; 9-10-12
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Planning Director Klatt noted that the site plan shows 88 parking stalls, and the
applicant at the time asked to install 40 parking stalls. Since this time, parking stalls
have been added and are made of crushed rock. If theses stalls are going to be used
moving forward,than they must be paved to come into compliance.
Chairman Williams asked if the parking should be addressed through this conditional
use permit.
Planning Director Klatt noted that if the proposed use is proven to generate additional
parking needs, than the conditional use permit should include provisions for additional
parking.
Commissioner Haggard asked if there are any necessary permits:for the events that the
retails shop may host.
PlanningDirector Klatt noted that events
ents that are intended to support the retail 1
business do not require special event permits Staff is approaching this project as a
grading permit.
Chairman Williams asked whythis action is not addressed through a grading permit vs.g g gp I
conditional use permit.
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Planning Director Klatt noted that the nuance of the Code`requires that we review this
as a conditional use ermit. The use on the site is current)proposal p y permitted. The
only reason that this is reviewed Eby the Planning Commission is the magnitude of the
grading permit. This proposal is not commonplace, and that is the reason that such a
proposal is reviewed with this:procedure
Commissioner Haggard asked if there are any scenarios where the use of the property
may not be-in compliance:'
Planning Director Klatt noted that within the existing Code and GB zoning district, retail
stores may have events if it is associated with the retail activity. If the applicant decided
to charge for the use of the ski hill,than this use would fall under a different land use
category.
Commissioner Hall asked if the applicant would be allowed to have additional signage
on the proposed hill above and beyond the allowance in the existing sign code.
Klatt noted that this property is already at the maximum for free standing signs. If the
property owner wanted to install a new sign in the place of the existing sign, then he
f would still need to meet the existing sign code.
Lake Elmo Planning Commission Minutes; 9-10-12
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Commissioner Bloyer noted that he supports the project because it provides a unique
business to Lake Elmo that would add character and provide recreational opportunities
for residents.
Planning Director Klatt explained how parking requirements are calculated. These
calculations are based on the square footage of retail space.
Chairman Williams asked the applicant if his grading plan would change if the sewer
were available.
Mr. Heinen noted that if sewer were available, he would proceed with his existing
grading plan.
Chairman Williams noted that Planning Commission should postpone consideration of
this proposal until the applicant has provided the required changes and additional
items. ,
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M/S/P, Fliflet/Hall, move to postpone consideration of the proposal until th'e-additional
requirements highlighted by Staff canbe resolved by the applicant, Vote: 5-0
Business Item: Planning Commissiorr8chedule.Discussion
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Chairman Williams-:noted that the City Clerk mentioned a proposal to reduce the i
Planning Commission schedule to one meeting per month•With the second meeting
available as demanded by the Work schedule;.
Commissioner Plover noted that he did not wish to reduce the number
y. of meetings
because it would extend the amount of time applicants and residents would have to
wait.to get planning and;zoning1tems completed.
Chairman Williams noted that he supports two meetings a month because as soon as
sewer is extended, development applications will greatly increase, requiring more
meetings.
Planning Director Klatt noted that there are merits for both arguments. He also noted
that the City Code requires the Planning Commission meet twice a month.
Commissioner Fliflet noted that recruitment for Commissioners should increase. In
addition, the Planning Commission has often tabled items in need of further review or
consideration. For that reason, having two meetings per month keeps things moving.
City Council Updates
Lake Elmo Planning Commission Minutes; 9-10-12
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( The City Council approved the amendment to the shoreland standards of the City Code
to allow structures used for watercraft storage up 400 square feet in size.
The City Council approved the Malmquist RAD-2 development extension for a period of
6 months.
Commissioner Bloyer asked about the consequences if the extension was not granted
Planning Director Klatt noted that the applicant would have to resubmit the proposal.
In addition, it is the burden of the applicant to prove that the extension is warranted.
Staff Updates
The Planning Commission has an upcoming meeting on September 24, 2012.
The Planning Department and Village Work Group will host a town hall meeting related
to Village Area planning on September 20, 2012,at 6:30p.m..
Commissioner Jennifer Pelletier submitted her formal resignation from the Planning
Commission. The Planning Commission is now down to:6 full voting members.
I Chairman Williams asked that notice for Planning Commission vacancies be put up in the
new library.
Commissioner Fliflet asked the-City Staff to reach out to previous commissioners.
Commission'Concerns
Commissioner Hall noted that he will be unable to attend the next meeting.
Adjournment at 8`.2.4pm -
Respectfully submitted,
Nick Johnson
City Planner
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Lake Elmo Planning Commission Minutes; 9-10-12
+ THE CITY of
LAKE ELMO
Planning Commission
Date: 9/24/2012
Item: 4a
Public Hearing
ITEM: Zoning Text Amendment— Shoreland Standards
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
SUNEVIARY AND ACTION REQUESTED:
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Following up from a previous application for a zoning text amendment related to
shoreland standards, the Planning Commission is holding a public hearing to consider a
text amendment that would change the setback for water-oriented accessory structures to
10 feet from the Ordinary High Water(OHW)mark. The current shoreland standards
(§150.255)require a setback of 20 feet for these type of accessory structures. Reducing
the setback to 10 feet from the OHW mark for water-oriented accessory structures would
be consistent with State Statute and MN DNR standards for shoreland management.
BACKGROUND INFORMATION:
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The City of Lake Elmo previously received an application for a zoning text amendment
from Mr. Jim Leonard, 3012 Lake Elmo Ave.,to allow for water-oriented accessory
structures used solely for watercraft storage to occupy up to 400 square feet. In
discussion of the State Statutes related to shoreland management,the applicant noted that
he would also like the City's shoreland standards to be consistent with the State regarding
the setback for these structures from the OHW mark. After approving the applicant's
initial request, the Planning Commission directed Staff to prepare a public hearing on the
matter of reducing the existing 20-foot setback for water-oriented accessory structures in
the City's shoreland standards to 10 feet in order to be consistent with State standards.
It is important to note that the proposed amendment would only apply to water-oriented
accessory structures. According to the Lake Elmo City Code, these structures include
boathouses, gazebos, screen houses, fish houses,pump houses, and detached decks.
Therefore,the proposed 10-foot setback from the OHW mark would only apply'to these
types of structures. In addition, all the existing performance standards governing water-
oriented accessory structures, such as structure height,will remain in place.
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PULIC HEARING ITEM 4a—ACTION ITEM
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( Finally, Staff has reached out to the DNR to provide formal review comments regarding
this proposed amendment. Unfortunately, the DNR has yet to provide these comments at
the time of this packet distribution. However, in discussions with the DNR Area
Hydrologist,Molly Shodeen, Staff learned that the DNR would not have any objections
to a proposed amendment that would be consistent with State Statute. If Staff receives
any formal review comments between this time and the meeting, they will be sure to
distribute the comments to the Planning Commission.
RECCOMEND ATION:
Staff is recommending that the Planning Commission approve the proposed zoning text
amendment by taking the following action:
"Move to approve the proposed zoning text amendment, reducing the setback for
water-oriented accessory structures from 20 feet to 10 feet from the Ordinary High
Water Mark."
ATTACHMENTS:
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1. Proposed Ordinance Amendment
2. MN State Statutes for Shoreland Management
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ORDER OF BUSINESS: a
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- Introduction...................................................................................Planning Staff
- Report by Staff..............................................................................Planning Staff
Questions from the Commission....................... Chair&Commission Members
Open the Public Hearing. ...........................................................................Chair
Closethe Public Hearing............................................................................Chair
Discussion by the Commission.........................Chair&Commission Members
Action by the Commission................................Chair&Commission Members
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PULIC HEARING ITEM 4a—ACTION ITEM
( PROPOSED ORDINANCE AMENDMENT - SHORELAND STANDARDS
Lake Elmo Planning Department Draft 9-24-12
I § 1.50.255 SHORE LAND STANDARDS.
(D) Placement, design, and height of'structures.
(1) Placement. When more than 1 setback applies to a site, structures and facilities must
be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a
proposed building site, structure setbacks may be altered without a variance to conform to the
adjoining setbacks from the ordinary high water level,provided the proposed building site is not
located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.
(a) Structure and on-site sewage system setbacks. Structure and on-site sewage
system setbacks (in feet) from ordinary high water level.
Setbacks From OHW
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Classification Structures Sewage Treatment System
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Natural Environment 150 feet 150 feet
Recreational Development 100 feet 75 feet
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Tributary 100 feet 75 feet
(b) Additional structure setbacks. The following additional structure setbacks apply,
regardless of the classification of the water body.
Setback From Setback (In Feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state, or county highways Per underlying zoning district
regulations and exceptions
Right-of-way line of town road,public street, or other roads or streets Per underlying zoning district
not classified regulations and exceptions
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( (c) Bluff impact zone. Structures and accessory facilities, except stairways and
landings,must not be placed within bluff impact zones.
(d) Significant historic sites. No structure may be placed on a significant historic site
in a manner that affects the values of the site unless adequate information about the site has been
removed and documented in a public repository.
(e) Steep slopes. The city shall evaluate possible soil erosion impacts and
development visibility from public waters before issuing a permit for construction of sewage
treatment systems, roads, driveways, structures, or other improvements on steep slopes. When
determined necessary, conditions must be attached to issued permits to prevent erosion and to
preserve existing vegetation screening of structures,vehicles, and other facilities as viewed from
the surface of public water, assuming summer,leaf-on vegetation.
(f) Proximity to roads and highways. Per underlying zoning district regulations and
exceptions.
(g) Use without water-oriented needs. Use without water-oriented needs must be j
located on lots or parcels without public waters frontage,or, if located on lots or parcels with
public water frontage,must either be set back double the normal ordinary high water level
setback or be substantially screened from view from the water by vegetation or topography,
assuming summer,leaf-on conditions.
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(2) Design criteria for structures.
(a) High water elevations. Structures must be placed in accordance with any flood
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plain regulations applicable to the site. All principal structures shall have their lowest floor at a
level at least 3 feet above the highest known water level or the ordinary high water level,
whichever is higher.
(b) Water-oriented accessory structures. Each lot may have 1 water-oriented
accessory structure not.meeting the normal structure setback in§ 1.50.255(D) if this water-
oriented accessory structure complies with the following provisions.
l. The structure or facility must not exceed 13 feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8
feet above grade at any point.
2. The setback of the structure or facility landward from the ordinary high water
level must be at least M 10 feet on a recreational development lake and 50 feet on a natural
environment lake.
3. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color,
assuming summer, leaf-on conditions.
( 4. The roof may be used as a deck with safety rails,but must not be enclosed or
used as a storage area.
5. The structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities.
b. As an alternative for general development and recreational development
waterbodies,water-oriented accessory structures used solely for watercraft storage,and including
storage of related boating and water-oriented sporting equipment,may occupy an area up to 400 j
square feet provided the maximum width of the structure is 20 feet as measured parallel to the
configuration of the shoreline.
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REVISOR 6120.3300
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6120.3300 ZONING PROVISIONS.
Subpart 1. Purpose. To manage the effects of shoreland and water surface crowding,
to prevent pollution of surface and ground waters of the state, to provide ample space
on lots for sewage treatment systems, to minimize flood damages, to maintain property
values, to maintain historic values of significant historic sites, and to maintain natural
characteristics of shorelands and adjacent water areas, shoreland controls must regulate lot
sizes, placement of structures, and alterations of shoreland areas.
Subp. 2. Residential lot size. All single, duplex, triplex, and quad residential lots
created after the date of enactment of the local shoreland controls must meet or exceed the
dimensions presented in subparts 2a and 2b, and the following:
A. Lots must not be occupied by any more dwelling units than indicated
in subparts 2a and 2b. Residential subdivisions with dwelling unit densities exceeding
those in the tables in subparts 2a and 2b can only be allowed if designed and approved
as residential planned unit developments under part 6120.3800. Only land above the
ordinary high water level of public waters can be used to meet lot area standards, and lot
width standards must be met at both the ordinary high water level and at the building line.
The sewer lot area dimensions in subpart 2a, items D to F can only be used if publicly
owned sewer system service is available to the property.
1 B. On natural environment lakes, subdivisions of duplexes, triplexes, and quads j
must also meet the following standards:
(1) Each building must be set back at least 200 feet from the ordinary
high water level.
(2) Each building must have common sewage treatment and water systems
that serve all dwelling units in the building.
(3) Watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building.
(4) No more than 25 percent of a lake's shoreline can be in duplex, triplex,
or quad developments.
C. One guest cottage may be allowed in local controls on lots meeting or
exceeding the duplex dimensions presented in subparts 2a and 2b if the controls also
require all of the following standards to be met:
(1) For lots exceeding the minimum lot dimensions of duplex lots, the
guest cottage must be located within the smallest duplex-sized lot that could be created
including the principal dwelling unit.
(2) A guest cottage must not cover more than 700 square feet of land
surface and must not exceed 15 feet in height.
Copyright 02009 by the Revisor of Statutes,State of Minnesota. All Rights Reserved.
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2 REVISOR 6120.3300
(3) A guest cottage must be located or designed to reduce its visibility as
viewed from public waters and adjacent shorelands by vegetation, topography, increased
setbacks, color, or other means acceptable to the local unit of government, assuming
summer leaf-on conditions.
D. Lots of record in the office of the county recorder on the date of enactment of
local shoreland controls that do not meet the requirements of items A to E and subparts
2a and 2b may be allowed as building sites without variances from lot size requirements
provided the use is permitted in the zoning district, the lot has been in separate ownership
from abutting lands at all times since it became substandard, was created compliant with
official controls in effect at the time, and sewage treatment and setback requirements of
the shoreland controls are met. Necessary variances from setback requirements must be
obtained before any use, sewage treatment system, or building permits are issued for the
lots. In evaluating all the variances, boards of adjustment shall consider sewage treatment
and water supply capabilities or constraints of the lots and shall deny the variances if
adequate facilities cannot be provided. If, in a group of two or more contiguous lots
under the same ownership, any individual lot does not meet the requirements of items A
to E and subparts 2a and 2b, the lot must not be considered as a separate parcel of land
for the purposes of sale or development. The lot must be combined with the one or more ,
contiguous lots so they equal one or more parcels of land,each meeting the requirements of i
( items A to E and subparts 2a and 2b as much as possible. Local shoreland controls may set
a minimum size for nonconforming lots or impose their restrictions on their development.
E. If allowed by local governments, lots intended as controlled accesses to
public waters or recreation areas for use by owners of nonriparian lots within subdivisions
must meet or exceed the following standards:
(1) They must meet the width and size for residential lots, and be suitable
for the intended Uses of controlled access lots. If docking, mooring, or over-water storage
of watercraft is to be allowed at a controlled access lot, then the width of the lot must be
increased by the percent of the requirements for riparian residential lots for each watercraft
provided for by covenant beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size to shore Required increase in frontage
length (acres/mile) (percent)
Less than 100 25
100-200 20
201-300 15
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Copyright 02009 by the Revisor of Statutes,State of Minnesota. All Rights Reserved.
3 REVISOR 6120.3300
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301-400 10
Greater than 400 S
(2) They must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are provided riparian access
rights on the access lot.
(3) Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the access lot and what
activities are allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of the public water
or the enjoyment of normal property rights by adjacent property owners. Examples of
the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The
covenants must limit the total number of vehicles allowed to be parked and the total
number of watercraft allowed to be continuously moored, docked, or stored over water,
and must require centralization of all common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation alterations. They must
also require all parking areas, storage buildings, and other facilities to be screened by
vegetation or topography as much as practical from view from the public water, assuming
summer, leaf-on conditions.
Subp. 2a. Lot area and width standards for single, duplex, triplex, and quad
residential development; lake classes. The lot area and width standards for single,
duplex, triplex, and quad residential developments for the lake classes are:
A. Natural Environment, no sewer:
Lot area (square feet)
Riparian lots Nonriparian lots
Single 80.000 80,000
Duplex 120,000 160,000
Triplex 160,000 240,000
Quad 200,000 320,000
Lot width (feet)
Single 200 200
Duplex 300 400
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Copyright 02009 by the Revisor of Statutes.State of Minnesota. All Rights Reserved.
4 REVISOR 6120.3300
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Triplex 400 600
Quad 500 800
B. Recreational Development, no sewer:
Lot area (square feet)
Riparian lots Nonriparian lots
Single 40,000 40,000
Duplex 80,00() 80,000
Triplex 120,000 120,000
Quad 1601,000 160,000
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Lot width (feet)
Single 150 150
Duplex 225 265
Triplex 300 375
Quad 375 490
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C. General Development, no sewer:
Lot area (square feet)
Riparian lots Nonriparian lots
Single 20,000 40,000
Duplex 40,000 80,000 J
Triplex 6000 120,000
Quad 80,000 160,000
Lot width (feet)
Single 100 150
Duplex 180 265
Triplex 260 375
Quad 340 490
D. Natural Environment, sewer:
{ Lot area (square feet)
Copyright 02009 by the Revisor oJ'Statutes,State of Minnesota. All Rights Reserved.
5 REVISOR 6120.3300
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Riparian lots Nonriparian lots
Single 40,000 20,000
Duplex 70,000 35,000
Triplex 100,000 52,000
Quad 130,000 65,(}00
Lot width (feet)
Single 125 125
Duplex 225 220
Triplex 325 315
Quad 425 410
E. Recreational Development, sewer:
Lot area (square feet)
Riparian lots Nonriparian lots 1
Single 20,000 15,000
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Duplex 35,000 26,000
Triplex 50,000 38,000
Quad 65,000 49,000
Lot «-idtli (feet)
Single 75 75
Duplex 135 135
Triplex 195 190
Quad 255 245
F. General Development, sewer:
Lot area (square feet)
Riparian lots Nonriparian lots
Single 15,000 10,00()
Duplex 26,000 175500
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Copyright 02009 by the Revisor of Statutes.State of Minnesota. All Rights Reserved.
6 REVISOR 6120.3300
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Triplex 38,000 25,000
Quad 49,000 32,500
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Lot width (feet)
Single 75 75
Duplex 135 135 f�
Triplex 195 190 !
Quad 255 245 !
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Subp. 2b. Lot width standards for single, duplex, triplex, and quad residential
development; river classes. The lot width standards for single, duplex, triplex, and quad
residential development for river classes are:
Lot width (feet)
Remote Forested Transition Agricultural Urban & Tributary
No sewer Sewer
Single 300 200 250 150 100 75
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Duplex 450 300 375 225 150 115
Triplex 600 400 500 300 200 150
Quad 750 500 625 375 250 190
Subp. 3. Placement and height of structures and facilities on lots. When more j
than one setback requirement applies to a site, structures and facilities must be located
to meet all setbacks. The placement of structures and other facilities on. all lots must be
managed by shoreland controls as follows:
A. Structure setbacks. The following minimum setbacks presented in the
following table for each class of public waters apply to all structures, except water-oriented
accessory structures and facilities that are managed according to item H:
(1) Structure setback standards
Ordinary high water Setback from top
Class level setback (feet) of bluff(feet)
Unsewered Sewered
Natural environment 150 150 30
Recreational development 100 75 30
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Copyright 02009 by the Revisor of Statutes.State or Minnesota. All Rights Reserved.
7 REVISOR 6120.3300
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General development 75 50 30
Remote river segments 200 200 30
Forested and transition river segments 150 150 30
Agricultural, urban, and tributary river
segments 100 50 30
(2) Exceptions to structure setback standards in subitem (1). Where
structures exist on the adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the adjoining setbacks provided
the proposed building site is not located in a shore impact zone or in a bluff impact zone.
B. High water elevations. In addition to the setback requirements of item A,
local shoreland controls must regulate placement of structures in relation to high water
elevation. Where state-approved, local flood plain management controls exist, structures
must be placed at an elevation consistent with the controls. Where these controls do
not exist, the elevation to which the lowest floor, including basement, is placed or
flood-proofed must be determined as follows: i
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(1) For lakes, by placing the lowest floor at a level at least three feet above
the highest known water level, or three feet above the ordinary high water level,whichever
is higher. In instances where lakes have a history of extreme water level fluctuations or j
have no outlet capable of keeping the lake level at or below a level three feet above the
ordinary high water level, local controls may require structures to be placed higher.
(2) For rivers and streams, by placing the lowest floor at least three feet
above the flood of record, if data are available. If data are not available, by placing the
lowest floor at least three feet above the ordinary high water level, or by conducting a
technical evaluation to determine effects of proposed construction upon flood stages and
flood flows and to establish the flood protection elevation. Under all three approaches,
technical evaluations must be done consistent with parts 6120.5000 to 6120,6200
governing the management of flood plain areas. If more than one approach is used, the
highest flood protection elevation determined must be used for placing structures and
other facilities.
(3) Water-oriented accessory structures may have the lowest floor placed
lower than the elevation determined in this subpart if the structure is constructed of
flood-resistant materials to the elevation, electrical and mechanical equipment is placed
above the elevation and, if long duration flooding is anticipated, the structure is built to
withstand ice action and wind-driven waves and debris.
C. Bluff impact zones. Structures and accessory facilities, except stairways and
landings, must not be placed within bluff impact zones.
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8 REVISOR 6120.3300
D. Steep slopes. Local government officials must evaluate possible soil
erosion impacts and development visibility from public waters before issuing a permit
for construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions must be attached
to issued permits to prevent erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
E. Proximity to unplatted cemeteries and significant historic sites. No structure
may be placed nearer than 50 feet from the boundary of an unplatted cemetery protected
under Minnesota Statutes, section 307.08, unless necessary approval is obtained from the
Minnesota State Archaeologist's Office. No structure may be placed on a significant
historic site in a manner that affects the values of the site unless adequate information
about the site has been removed and documented in a public repository.
F. Proximity to roads and highways. No structure may be placed nearer than 50
feet from the right-of-way line of any federal, state, or county highway; or 20 feet from f
the right-of-way line of any town road, public street, or others not classified.
G. Height. All structures in residential districts in cities, except churches and
nonresidential agricultural structures, must not exceed 25 feet in height.
i I3. Accessory structures and facilities. All accessory structures and facilities,
except those that are water-oriented, must meet or exceed structure setback standards. If
allowed by local government controls, each residential lot may have one water-oriented 4
accessory structure or facility located closer to public waters than the structure setback
if all of the following standards are met:
(1) The structure or facility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must
not exceed eight feet above grade at any point.
(2) The setback of the structure or facility from the ordinary high water
level must be at least ten feet.
(3) The structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography, increased setbacks,
color, or other means acceptable to the local unit of government, assuming summer,
leaf-on conditions.
(4) The roof may be used as a deck with safety rails, but must not be
enclosed or used as a storage area.
(5) The structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment facilities.
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9 REVISOR 6120.3300
( (6) As an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft storage, and
including storage of related boating and water-oriented sporting equipment, may occupy
an area up to 400 square feet provided the maximum width of the structure is 20 feet as
measured parallel to the configuration of the shoreline.
(7) Any accessory structures or facilities not meeting the above criteria,
or any additional accessory structures or facilities must meet or exceed structure setback
standards.
1. Stairways.. lifts, and landings. Stairways and lifts are the preferred alternative
to major topographic alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width on residential lots.
Wider stairways may be used for commercial properties, public open-space recreational
properties, and planned unit developments.
(2) Landings for stairways and lifts on residential lots must not exceed 32
square feet in area. Landings larger than 32 square feet may be used for commercial
properties, public open-space recreational properties, and planned unit developments.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground,provided they are designed and built
in a manner that ensures control of soil erosion.
(5) Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water assuming
summer, leaf-on conditions, whenever practical.
(6) Facilities such as ramps, lifts, or mobility paths for persons with
physical disabilities are also allowed for achieving access to shore areas, provided that
the dimensional and performance standards of subitems (1) to (5) are complied with in
addition to the requirements of chapter 1341.
J. Decks. Except as provided in item II, decks must meet the structure setback
standards. Decks that do not meet setback requirements from public waters may be
allowed without a variance to be added to structures existing on the date the shoreland
structure setbacks were established by ordinance, if all of the following criteria and
standards are met:
(1) a thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing ordinary high water level
setback of the structure;
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10 REVISOR 6120.3300
(2) the deck encroachment toward the ordinary high water level does not
exceed 1.5 percent of the existing shoreline setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(3) the deck is constructed primarily of wood, and is not roofed or screened.
Subp. 4. Shoreland alterations. Vegetative alterations and excavations or grading
and filling necessary for the construction of structures and sewage treatment systems
under validly issued permits for these facilities are exempt from the vegetative alteration
standards in this subpart and separate permit requirements for grading and filling.
However, the grading and filling conditions of this subpart must be met for issuance
of pen-nits for structures and sewage treatment systems, Alterations of vegetation and
topography must be controlled by local governments to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent
bank slumping, and protect fish and wildlife habitat. Public roads and parking areas, as
regulated by subpart 5, are exempt from the provisions of this part.
A. Removal or alterations of vegetation, except for forest management or
agricultural uses as provided for in subparts 7 and 8, is allowed according to the following
standards:
(1) Intensive vegetation clearing within the shore and bluff impact zones
and on steep slopes is not allowed. Intensive vegetation clearing outside of these areas is j
allowed if the activity is consistent with the forest management standards in subpart 8.
2 Limited clearing of tree{ ) g sand shrubs and cutting,pruning, and trimming
of trees to accommodate the placement of stairways and landings, picnic areas, access
paths, livestock watering areas, beach and watercraft access areas, and permitted
water-oriented accessory structures or facilities, as well as providing a view to the water
from the principal dwelling site, in shore and bluff impact zones and on steep slopes is
allowed, provided that:
(a) the screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not substantially reduced;
(b) along rivers, existing shading of water surfaces is preserved; and
(c) the above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety hazards.
(3) Use of fertilizer and pesticides in the Shoreland management district
must be done in such a way as to minimize runoff into the shore impact zone or public
water by the use of earth, vegetation, or both.
B. Before grading or filling on steep slopes or within shore or bluff impact
{ zones involving the movement of more than ten cubic yards of material or anywhere else
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I REVISOR 6120.3300
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in a shoreland area involving movement of more than 50 cubic yards of material, it must
be established by local official permit issuance that all of the following conditions will
be met. The following conditions must also be considered during subdivision, variance,
building permit, and other conditional use permit reviews.
(1) Before authorizing any grading or filling activity in any type 2, 3, 4,
5, 6, 7, or 8 wetland, local officials must consider how extensively the proposed activity
would affect the following functional qualities of the wetland:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; or
(f) noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals, or others.
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This evaluation must also include a determination of whether the wetland alteration
being proposed requires permits, reviews, or approvals by other local, state, or federal
agencies such as a watershed district, the Minnesota Department of Natural Resources, or
the United States Army Corps of Engineers.
(2) Alterations must be designed and conducted in.a manner that ensures
only the smallest amount of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a. permanent vegetation cover must be established '
as soon as possible. E
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(4) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used.
(5) Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water conservation
districts and the United States Soil Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates
an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and must not create
finished slopes of 30 percent or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
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12 REVISOR 6120.3300
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(9) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota Statutes, sections 103G.245
and 103G,405.
(10) Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(11) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished slope does not
exceed three feet horizontal to one foot vertical,the landward extent of the riprap is within
ten feet of the ordinary high water level, and the height of the riprap above the ordinary
high water level does not exceed three feet.
C. Connections to public waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations may be given only after
the commissioner has approved the proposed connection to public waters.
Subp. 5. Placement and design of roads, driveways, and parking areas. Public
and private roads, driveways, and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public
waters. They must be designed and constructed to minimize and control erosion to
public waters consistent with the field office technical guides of the local soil and water
conservation district, or other applicable technical materials.
A. Roads, driveways, and parking areas must meet structure setbacks and must
not be placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
B. Public and private watercraft access ramps, approach roads, and
access-related parking areas may be placed within shore impact zones provided the
vegetative screening and erosion control conditions of this subpart are met. For private
facilities, the grading and filling provisions of subpart 4, item B, must also be met.
Subp. 6. [Repealed, 13 SR 3029]
Subp. 7. Agricultural use standards. The agricultural use standards for shoreland
areas are contained in items A, B, C, and D.
A. The shore impact zone for parcels with permitted agricultural land uses is
equal to a line parallel to and 50 feet from the ordinary high water level.
B. General cultivation farming, grazing, nurseries, horticulture, truck farming,
sod farming, and wild crop harvesting are permitted uses if steep slopes and shore
and bluff impact zones are maintained in permanent vegetation or operated under an
Copyright 02009 by the Revisor of Statutes.State of Minnesota, All Rights Reserved,
13 REVISOR 6120.3300
approved conservation plan (Resource Management Systems) consistent with the field
office technical guides of the local soil and water conservation districts or the United
States Soil Conservation Service.
C. Animal feedlots as defined by the .Minnesota Pollution Control Agency,
where allowed by zoning district designations, must be reviewed as conditional uses
and must meet the follov,,ing standards:
(1) New feedlots must not be located in the shoreland of watercourses or
in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary
high water level of all public waters basins.
(2) Modifications or expansions to existing feedlots that are located within
300 feet of the ordinary high water level or within a bluff impact zone are allowed if they
do not further encroach into the existing ordinary high water level setback or encroach on
bluff impact zones.
(3) A certificate of compliance, interim permit, or animal feedlot permit,
when required by parts 7020.0100 to 7020.1900, must be obtained by the owner or
operator of an animal feedlot.
D. Use of fertilizer, pesticides, or animal wastes within shorelands must be done
in such a way as to minimize impact on the shore impact zone or public water by proper
application or use of earth or vegetation.
Subp. 8. Forest management standards. The harvesting of timber and associated
reforestation or conversion of forested use to a nonforested use must be conducted
consistent with the following standards:
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A. Timber harvesting and associated reforestation must be conducted consistent
with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and
the provisions of «'titer Quality in Forest Management 'Best Management Practices
in Minnesota."
B. If allowed by local governments, forest land conversion to another use
requires issuance of a conditional use permit and adherence to the following standards:
(1) shore and bluff impact zones must not be intensively cleared of
vegetation; and
(2) an erosion and sediment control plan is developed and approved by
the local soil and water conservation district before issuance of a conditional use permit
for the conversion.
C. Use of fertilizer,pesticides, or animal wastes within shorelands must be done
in such a way as to minimize impact on the shore impact zone or public water by proper
application or use of earth or vegetation.
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14 REVISOR 6120.3300
{ Subp. 9. Extractive use standards. Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels of public
waters and from bluffs.
An extractive use site development and restoration plan must be developed, approved j
by the local government, and followed over the course of operation of the site. The plan
must address dust, noise, possible pollutant discharges, hours and duration of operation,
and anticipated vegetation and topographic alterations. It must also identify actions to be
taken during operation to mitigate adverse environmental impacts, particularly erosion,
and must clearly explain how the site will be rehabilitated after extractive activities end.
Subp. 10. Standards for commercial, industrial, public, and semipublic uses.
Surface water-oriented commercial uses and industrial, public, or semipublic uses with
similar needs to have access to and use of public waters may be located on parcels or
lots with frontage on public waters. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions. Those with water-oriented needs
must meet the following standards:
A. In addition to meeting impervious coverage limits, setbacks,and other zoning j
standards presented elsewhere in parts 6120.2500 to 6120.3900, the uses must be designed
to incorporate topographic and vegetative screening of parking areas and structures.
B. Uses that require short-term watercraft: mooring for patrons must centralize
these facilities and design them to avoid obstructions of navigation and to be the minimum
size necessary to meet the need.
C. Uses that depend on patrons arriving by watercraft may use signs and lighting
to convey needed information to the public, subject to the following general standards:
(1) No advertising signs or supporting facilities for signs may be placed in
or upon public waters. Signs conveying information or safety messages may be placed in
or on public waters by a public authority or under a permit issued by the county sheriff.
(2) Signs may be placed, when necessary, within the shore impact zone if
they are designed and sized to be the minimum necessary to convey needed information.
They must only convey the location and name of the establishment and the general types
of goods or services available. The signs must not contain other detailed information such
as product brands and prices, must not be located higher than ten feet above the ground,
and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights
mustt be shielded or directed to prevent illumination out across public waters.
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Copyright 02009 by the Revisor of Suitutes.State of Minnesota. All Rights Reserved.
15 REVISOR 6120.3300
(3) Other outside lighting may be located within the shore impact zone or
over public waters if it is used primarily to illuminate potential safety hazards and is
shielded or otherwise directed to prevent direct illumination out across public waters. This
does not preclude use of navigational lights.
Subp. 11. Storm water management. Local governments must consider proper
storm water management in all reviews, approvals, and pennit issuances under shoreland
management controls adopted under parts 6120.2500 to 6120.3900. The following general
and specific standards must be incorporated into local government shoreland management
controls and their administration.
A. The following are general standards:
(1) When possible, existing natural drainageways, wetlands, and vegetated
soil surfaces must be used to convey, store, filter, and retain storm water runoff before
discharge to public waters.
(2) Development must be planned and conducted in a manner that will {
minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce
and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as
possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle storm water runoff using {
natural features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference
must be given to designs using surface drainage, vegetation, and infiltration rather than
buried pipes and human-made materials and facilities.
B. The following are specific standards:
(1) Impervious surface coverage of lots must not exceed 25 percent of
the lot area.
(2) When constructed facilities are used for stone water management,
they must be designed and installed consistent with the field office technical guide of the
local soil and water conservation districts.
(3) New constructed storm water outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris before discharge.
Subp. 12. Mining of metallic minerals and peat, as defined by Minnesota
Statutes, sections 93.44 to 93.51. Mining of metallic minerals and peat shall be a
permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are
satisfied.
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16 REVISOR 6120.3300
Statutory Authority: MS s 16B.59 to 16B.75; 105.485; 103F.211; 326B.101 to
326B.194
History: 13 SR 3029; 17 SR 1279; 23 SR 2042; L 2005 c 56 s 2; L 2007 c 140 art 4 s
61; art 13 s 4; L 2008 c 337 s 64
Posted: June 11, 2008
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Copyright O2009 by the Revisor of Statutes,State of Minnesota. All Rights Reserved.
Planning Commission
Date: 9124/12
Business Item
Item: 5a
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ITEM: Village Area Planning Update
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
Staff will be presenting a verbal progress update to the Planning Commission at its next meeting
regarding some work that has been performed to date by the Village Planning Work Group. The City
sponsored a town hall meeting on September 20t"to discuss the current status of the Village plans, and
at this meeting Staff reviewed the following with those in attendance: i
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• The comments received from the previous Village planning open house
• A brief overview of the recent City Council approvals related to the 1-94 Corridor planning efforts
• The revised land use plan that has been endorsed by the Village Planning Work Group
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• Results from the septic survey conducted earlier this year and proposed adjustments to the
Village area sewer service boundaries
• A proposed preservation plan for open space conservation within the Village planning area.
Staff will present a condensed version of the presentation that was made at the Town Hall meeting in
order to address any questions or comments from the Commission regarding the work that is being done
by the Village Work Group.
ADDITIONAL INFORMATION:
Attached is a frequently asked question sheet that was prepared for the town hall meeting in order to
address some of the more common questions that Staff has received relevant to the Village planning
project.
RECOMMENDATION:
No action is necessary on this item; Staff will be presenting a verbal report at the meeting.
ATTACHMENTS:
1. Village Planning FAQ Handout
ORDER OF BUSINESS:
- Introduction ........................................................................Kyle Klatt, Planning Director
- Report................................................................................Kyle Klatt, Planning Director
- Questions from the Commission....................................Chair & Commission Members
- Public Comments(if appropriate)..........................................................................Chair
- Action by the Planning Commission..............................Chair & Commission Members
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THF_CITY OF
LAKE ELMO
Village Planning Town Hall - 9/20/12
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Freguently Asked Questions FA for Village Future land Use Plan: 1
1. What is a mixed-use district?
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The mixed-use zoning district is a district that allows a variety of land uses including I
residential,office, retail, and public uses in a compact downtown setting. In addition to
allowing a variety of uses, mixed-use structures,containing both residential and non
residential uses in the same building,are also encouraged in the mixed-use district. The
goal of the mixed-use district it to foster development that will serve as a community
destination and gathering space, similar to other downtown areas.
2. How will a mixed use district impact existing homes?
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Existing single family homes that are located within the mixed-use zoning district will be
considered a permitted use as long as they are in existence before the adoption of the
zoning map change. These single family homes will not be considered non-conforming
uses. In other words,these homes will be allowed to expand as long as the provisions of
the mixed-use zoning district related to existing single family homes are met.
3. Will residential uses be allowed within the mixed use district?
The mixed-use zoning district will allow residential land uses that are high density in
nature. These residential land uses include multi-family condominium and apartment
structures, as well as single family attached (townhome) developments. In order to
encourage a compact and walkable downtown area,single family detached homes are
not allowed in this district, unless they are an existing use as noted in the previous
question.
4. How does the Village Master Plan fit in to the proposed Comprehensive Plan Update? €
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Drafted in 2007,the Village Master Plan remains the vision driving the current planning
process for the Village Area. Components of the land use plan found within the Village
Master Plan have been carried through to the current proposed future land use plan.
The components include:
• Greenbelt buffer surrounding the Village
• Single family residential development areas surrounding downtown
• Incorporation of City park/playfield
• Downtown mixed-use destination area
In addition,the 13 Guiding Principles of the Village Master Plan are considered the
planning values necessary to successfully manage growth and development in the
Village Area.
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Village Planning Town Nall 1 9-20-12
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S. What is the status of the Village Alternative Urban Areawide Review(AUAR)?
Adopted in 2009,the AUAR is an environmental review of the Village Area done in
advance of any development. The purpose of this review is to determine the potential
impacts of various development scenarios, thereby preparing mitigation strategies to
minimize these impacts. From its adoption date (4-5-09),the AUAR is valid for 5 years.
As the development community submits development proposals,the AUAR will be
utilized to direct mitigation efforts related to development impacts. In addition,the City
intends to recuperate the costs associated with performing the environmental review
on the Village Area through the development process.
6. Is the proposed land use plan consistent with the Village AUAR?
In order to study the impacts of development in the Village,the AUAR analyzed
development impact in the context of 4 scenarios. Three of these four development
scenarios were based on different build outs of the land use plan contained within the
Village Master Plan. Considering that the proposed f'and use plan for the Village is based
upon the Village Master Plan,the AUAR will remain valid for the proposed future land
use plan.
7. How will planning costs for the Village(including the AUAR)be recovered by the City?
A portion of the planning costs associated with work completed for the Village Area,
including the AUAR, will be recovered through development activity in the form of
development fees.
8. When will sewer be brought to the Village? f
In order to take advantage of a grant awarded to the City from State stimulus funding in
2010, the City intends to extend forcemain sewer from the Cottage Grove Ravine i
Interceptor to 30th St. near Reid Park either in 2013 or 2014. Under the provisions of the
grant,the City is eligible to receive$1,000,000 to support the forcemain sewer project.
However,the City must initiate the work on the forcemain sewer project no later than
2014 or would lose the grant funding. After the forcemain project to Reid Park is
completed,sewer will be available for extension to the existing and new development
areas within the Village. Depending on the demand of development and project costs,
the City must determine how to serve the Village with sewer in the most fiscally
responsible manner possible.
9. Will I be required to hook up to sewer when it is installed?
All parcels that are located within the Municipal Urban Service Area (MUSA), or Village
boundary,will eventually be required to hook-up to sanitary sewer. Once the City has
made a sewer service stub available to a given property,that property owner is allowed
a two-year time period to hook up to municipal sewer service.
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Village Planning Town Hall l 9-20-12
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r 10. What is being done to manage traffic on Highway 5?
Regarding the HWY-5 safety issue,the City has been working with Mn/DOT and
Washington County to study traffic patterns in the area to gain a better understanding
what can be done to improve safety. Areas of concern that have been raised include
the dangerous left-hand turning movements at intersections of CR-17 (Lake Elmo Ave.)
and HWY-5, as well as safe pedestrian crossings near Lake Elmo Elementary. As the
cooperation on this issue continues, studies produced by Mn/DOT and Washington
County will be valuable in crafting measures to improve safety on HWY-5. If traffic along
this corridor grows due to future development, measures to control these dangerous
intersections will ultimately have to be implemented, such as signalization (traffic
lights).
The City has been working on a three-phased approach to managing traffic in and
around the Village Planning area, which includes the requesting of speed reductions
along the Highway 5 and Highway 17 corridors, increased enforcement of speed limits in
these corridors, and the incorporation of physical traffic calming measures throughout
the planning area. Specific traffic calming improvements will be considered by the City
either as new development occurs or as existing roads are repaired.
11. How will the proposed open space/buffer zone be created?
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The City is currently working with the Minnesota Land Trust to devise a strategy to
4' support conservation efforts within the Greenbelt or Open Space surrounding the
Village Area. At this time,the MN Land Trust is recommending a hybrid strategy of open `
space through development and open space through conservation easement purchase
in order to achieve the Greenbelt. In addition, the Land Trust has offered to work with
the city on researching possible funding sources for supporting conservation easements
in the Village Area.
12. How will the City ensure that new development is consistent with the character of the
existing uses within Village?
As part of planned revisions to the Zoning Ordinance,the City will be considering the
adoption of design standards for development within the Village area and the creation
of a "form-based code" for the Village. A form-based code could place an emphasis on
the location, design,orientation of a buildings as they relate to the street rather than
the uses and activities taking place on the inside of buildings. A form-based code would
be intended to help continue the existing development patterns that created the
current downtown.
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Village Planning Town Hall l 9-20-12