August 2, 2006 CCP - Laserfiche WebLink

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I t was recognized in 1999 (during PUD processing for Eagle Point Bus...dss Park) that this would be a difficult site to develop. Not only is the site triangular and features two street frontages (Hudson Blvd. and I-94), it also abuts the intermittently flowing creek that crosses the Eagle Point Business park north to south and exits Lake Elmo under I-94. For reasons that escape the current city planning staff, this water course (which wasn't even named then) was designated a "Tributary Stream" in the circa 1980's City Shoreland Overlay zoning regulations. As such, additional structure and parking setback standards are applicable for this site. In addition, impervious site coverage is more limited than elsewhere in the Business Park zoning district (as here modified by the PtM Plan). The Shoreland impact on the applicant's site was not discovered by staff until the application materials were looked at carefully in preparation for the July 11 Planning Commission meeting. Upon a finding of a conflict with Shoreland Standards the application was "incomplete" until application was also made for Shoreland Overlay zoning variance. That application was made by letter on July 7, 2006, which then becomes the date of receipt by the City of a "complete" application. Sheet C-1 of the applicant's submittal package depicts the relationship between the site and tributary stream. The Shoreland Overlay standards of Section 325 do not specify an Ordinary High Water elevation for any of the 4 designated tributary streams. Where the stream bank is steep (as is the case here) and the "stream" is normally either dry or just a trickle, staff has assumed that the OHW and the center line of the stream to be the same. On that assumption, approximately 50 feet of the 125 foot west wall of the proposed structure is located within the 100 foot tributary stream structure setback. Section 325 Subdivision 6B of the Zoning Ordinance specifies that driveways and parking areas must also comply with OHW setback standards. Applying that standard to the applicant's site plan, it appears that all of the proposed west parking (15 spaces) and a portion of the west drive also encroach into the 100 foot OHW setback. The second sentence of this paragraph would seem, however, to remove parking/drive encroachment into the OHW from the variance process by stating, "If the Council, at its discretion, determines that no alternative exists, the structures may be place within these areas and must be designed to minimize adverse impacts.". Here the word "structures is clearly meant to mean parking and drives only. The third subject of Shoreland overlay compliance with this proposed Site Plan is that of site impervious surface. The applicant's calculations are that the site is proposed to be 58% impervious. Wbile this is well under the Business Park standard of a 75% maximum, it also well over the Shoreland Overlay District maximum of 6,000 square feet or 15%, whichever is greater. Staff suggests two important considerations apply to this apparent non-compliance matter. • Clearly the impervious standard of Section 325 Subdivision 7Blwas intended to apply to residential development, not commercial. • Although the City was not a direct party, we understand that the matter of impervious surface allowable in the tributary stream Shoreland was negotiated with DNR in 1999 or 2000. The outcome of that negotiation was then an input into the surface water plan for the entire 120 acres of Eagle Point Business Park. That master surface water plan for Eagle Point in turn was designed to maintain (and, in fact, reduce) the rate (gallons per minute) of water passing under I-94 and in to Woodbury. • The applicant proposes an underground infiltration system to address surface water run-off that would result from the impervious site coverage proposed.