The URL can be used to link to this page

Home My WebLink About8-13-2020 Planning Commission Packet NOTICE OF SPECIAL MEETING The City of Lake Elmo Planning Commission will conduct a SPECIAL meeting on Thursday August 13, 2020 at 7:00 p.m. AGENDA Note: Social Distancing protocols will be in place in the City Council Chambers 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. July 27, 2020 4. Public Hearing None 5. New Business a. Carmelite Hermitage of the Blessed Virgin Mary – Request to extend the time to start or implement the Conditions of Approval for a Conditional Use Permit (8249 Demontreville Trail) 6. Communications/Updates a. City Council Update: 08-04-20 Meeting Fence Code Update b. Staff Updates c. Upcoming PC Meetings: 1. August 24, 2020 2. September 14, 2020 7. Adjourn ***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations. 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3900 www.lakeelmo.org Lake Elmo Planning Commission Minutes; 7-27-20 City of Lake Elmo Planning Commission Meeting Minutes of Monday July 27, 2020 Commissioner Cadenhead called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Cadenhead, Weeks, Graen, Holtz, Mueller and Steil COMMISSIONERS ABSENT: Risner STAFF PRESENT: Planning Director Roberts Approve Agenda: M/S/P: Steil/Graen moved to approve the agenda, Vote: 6-0, motion carried unanimously. Approval of Minutes: M/S/P: Cadenhead/Mueller moved to approve the Planning Commission minutes of July 13, 2020. Vote: 6-0, motion carried. Public Hearings a. Comprehensive Plan Amendments – MUSA Boundary Change, Update to City’s Wastewater Facilities and Land Use Plans – Sanitary Sewer Service Area Extension and Re-guidance to Village Low Density Residential - 4212 Lake Elmo Avenue and 10875 43rd Street North Director Roberts explained that Steve and Martha Pott of 4212 Lake Elmo Avenue and Jed and Darla Wier of 10875 43rd Street North have applied to the City to amend the land use plan designation for their properties and to change the City’s MUSA (Metropolitan Urban Service Area) boundary. Their properties are currently outside the MUSA and the proposed boundary change would extend the MUSA boundary north to 43rd Street putting their properties in the MUSA. This boundary change, if approved by the City, would make their properties eligible to have City sanitary sewer service. Roberts noted that the proposed MUSA boundary change and land use plan change would allow for the extension of sanitary sewer (and city water) throughout the two properties from the City sanitary sewer system that is in the Legacy at North Star development to the south. Such utility extensions would occur as part of the future subdivision or redevelopment of the properties. He also clarified that no new development is proposed at this time. Lake Elmo Planning Commission Minutes; 7-27-20 He also explained that this sanitary sewer change, however, requires City Council and Met Council approval of several changes to the recently adopted 2040 Comprehensive Plan. The changes are required because the two properties are not now included in the MUSA (Metropolitan Urban Service Area) nor had the City included these properties in the Wastewater calculations in the 2040 Comprehensive Plan. Director Roberts explained that the two properties for this request are not now included in the MUSA in the City and that the applicant provided City staff with a map that shows their properties were in the MUSA until at least 2013. Roberts also showed the Commission several maps from the 2030 Comprehensive Plan that shows their two properties and some of the property north of 43rd Street in the Old Village Planning Area and the planned sanitary sewer service area (which includes the areas of the City planned to be in the MUSA). Roberts concluded his presentation by outlining the two staff recommendations: 1. That the Planning Commission recommend approval of amendments to the Land Use Plan and to the Wastewater Services and Facilities Plan of the 2040 Comprehensive Plan by adding the properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to the City’s sanitary sewer area; and 2. That the Planning Commission recommend approval of an amendment to the Land Use Plan of the Comprehensive Plan, re-guiding the aforementioned existing two properties from RAD (Rural Area Development) to V- LDR (Village Low-density Residential). Director Roberts then answered questions from the Commission about the proposed MUSA Boundary change and Comprehensive Plan Amendment. Cadenhead opened the public hearing at 7:25 pm. Neil Krueger, 4452 Lake Elmo Avenue North, commented about the proposed changes to the MUSA boundary and land use plan. He expressed concerns about the potential for negative effects on surface water and ground water that future development could have on the area. He also noted that the south one-half the properties in question could probably be served by sewer relatively easily but the area on the north side nearest 43rd Street would be more difficult because of the grade changes on the properties. In addition, Mr. Krueger noted that new development on these two properties could have negative effects on their existing Christmas tree business. Steve Pott, applicant and property owner residing at 4212 Lake Elmo Avenue, provided the Commission with a few clarifying comments about the request and the history and existing conditions of the properties. Cadenhead closed the public hearing at 7:35 pm. The Commission discussed the proposed MUSA Boundary change and land use plan change. They also reviewed the history the Village Planning and MUSA Boundary Lake Elmo Planning Commission Minutes; 7-27-20 M/S/P: Weeks/Steil moved to recommend approval of the of amendments to the Land Use Plan and to the Wastewater Services and Facilities Plan of the 2040 Comprehensive Plan by adding the properties located at 4212 Lake Elmo Avenue and 10875 43rd Street North to the City’s sanitary sewer area. Vote: 5-1 (Graen no), motion carried. M/S/P: Weeks/Steil moved to recommend approval of the proposed amendment to the Land Use Plan of the Comprehensive Plan, re-guiding the aforementioned existing two properties from RAD (Rural Area Development) to V- LDR (Village Low-density Residential). Vote: 6- 0, motion carried. New Business None Staff and Commission Updates Roberts reported that at July, 21, 2020 City Council Meeting the Council reviewed and discussed for a second meeting the Bruggeman OP-PUD Concept Plan for the property located at 2500 Manning Avenue. The Council approved the proposed Concept Plan with 4 modifications or exceptions to the Code as outlined in the staff report. The Council also reviewed and discussed the Schiltgens Farm Concept PUD. The Council was not in complete support of the proposed townhouses and expressed concerns about the road and intersection needs as outlined by Washington County. The Council tabled action on the proposed Concept Plan to a later meeting. Roberts reminded the Commission of the upcoming PC Meetings on August 10, 2020 and on August 24, 2020. Meeting adjourned at 8:08 pm. Respectfully submitted, Ken Roberts – Lake Elmo Planning Director STAFF REPORT DATE: 8/13/2020 REGULAR ITEM #: TO: Planning Commission FROM: Ken Roberts, Planning Director AGENDA ITEM: Resolution 2019-059/Conditional Use Permit – Carmelite Hermitage of the Blessed Virgin Mary – Extension of Conditions of Approval LOCATION: 8249 Demontreville Trail REVIEWED BY: Sarah Sonsalla, City Attorney BACKGROUND: On August 20, 2019, the City Council adopted Resolution 2019-59, which granted a Conditional Use Permit to the Carmelite Hermitage of the Blessed Virgin Mary for the property located 8249 Demontreville Trail. The Resolution contained the following conditions of approval: 6) The applicant or owner received a building permit from the City for chapel within 12 months of City Council approval of the conditional use permit. 7) If the applicant or owner has not taken action toward starting the chapel or if substantial construction of the chapel has not taken place within 12 months of the City’s approval of conditional use permit, the CUP approval shall become void. The applicant or owner may request City council approval of a time extension to start or implement the conditional use permit. Since the grant of the CUP, the neighboring property owner, the Jesuit Retreat House commenced two lawsuits: 1) Jesuit Retreat House v. City of Lake Elmo, A20-0847; and 2) Jesuit Retreat House v. Discalced Carmelite Nuns of St. Paul and Carmel of the Blessed Virgin Mary, 82-CV-19-4008. Both lawsuits are still pending. Due to the lawsuits, the Carmelites have not begun construction of the chapel. They have applied to the City for a building permit and are expected to receive that permit before August 20, 2020. By letter dated July 30, 2020, Rev. John M. Burns, on behalf of the Carmelites, and in accordance with Condition 7 of the CUP, wrote the City requesting an extension of time to start or implement the conditional use permit. ISSUE(S) BEFORE THE PLANNING COMMISSION: The Planning Commission is being asked to consider an extension of time to start or implement the conditional use permit in accordance with Condition of Approval Number 7. Page 2 PROPOSAL DETAILS/ANALYSIS: Applicants: Carmelite Hermitage of the Blessed Virgin Mary, 8249 Demontreville Trail, Lake Elmo, MN 55042 Property Owners: Discalced Carmelite Nuns of St. Paul, 8251 Demontreville Trail, Lake Elmo, MN 55042 Location: ALL OF GOVERNMENT LOT 4, IN SECTION 9, TOWNSHIP 29 NORTH, RANGE 21 WEST, ACCORDING TO THE GOVERNMENT SURVEY CONTAINING 59.4 ACRES OF LAND. ALSO, THE SOUTH 30.6 ACRES OF GOVERNMENT LOT 4 IN SECTION 4, AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, ALL IN TOWNSHIP 029 RANGE 021, ACCORDING THE GOVERNMENT SURVEY, BEING THE SOUTH 688 FEET THEREOF. PID# 09.029.21.12.0002 Request: Extension of time to start or implement the conditional use permit in accordance with Condition of Approval Number 7 Existing Land Use: Hermitage – A retreat for monks with a community building and garage, cloistered living area with courtyards Existing Zoning: PF – Public and Quasi-Public Open Space Surrounding Land Use / Zoning: North – Properties owned by Discalced Carmelite Nuns (8251 Demontreville Trail) and Jesuit Retreat House (8243 Demontreville Trail); South – Single-family homes (Rural Residential); East – Single-family homes (Rural Residential); West – Lake Demontreville Comprehensive Plan Guidance: 2030 – Public/Park 2040 – Institutional. As noted the in the 2040 Comprehensive Plan, this land use category identifies land that is used for schools, religious institutions, City Hall, municipal buildings, libraries and other institutional uses. History: In December 1991, the City approved a variance (regarding code requirement for having frontage on a public road) and a master plan for the Carmelite Hermitage of the Blessed Virgin Mary. This master plan included a phasing plan showing four parts or phases and included a court, guest house /library, chapel, cloister, hermitage, community building and workshop. The variance noted that the applicant has a private recorded easement that allows access to the north from their site to Demontreville Trail North (across the adjoining properties). In October 2007, the City approved an amendment to the approved master plan to allow an additional accessory building (1,512 square feet) on their site. Page 3 In August 2020, the City approved a variance to the requirement that a house of worship have direct access to a collector or arterial street (Resolution 2019- 058) and approved a conditional use permit for a chapel (Resolution 2019-059) Deadline(s) for Action: Application/Request Complete – 7-30-2020 60 Day Deadline – 9-28-2020 Applicable Regulations: City Code § 154.106(K) provides: Expiration. If substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void. This provision shall apply to conditional use permits issued prior to the effective date of this chapter, but the six-month period shall not be deemed to commence until the effective date of this chapter. FISCAL IMPACT: None OPTIONS: The Planning Commission may recommend the following: • Denial of the requested extension. • Approval of a one-year extension as requested by the Carmelites. • Approval an extension for one year after resolution of both lawsuits. RECOMMENDATION: Staff is recommending approval of extension of the CUP as contemplated by Condition No. 7 and City Code § 154.106(K). Specifically, staff recommends City approval of a time extension that provides the Carmelites one year after the resolution of both lawsuits to build their chapel. “Move to recommend approval of the extension of the CUP, Resolution 2019-059, to provide an extension of Condition No. 7 and allow the Permit Holder to have one year after the date of the lawsuit to resolve last (either Jesuit Retreat House v. City of Lake Elmo, A20-0847 or Jesuit Retreat House v. Discalced Carmelite Nuns of St. Paul and Carmel of the Blessed Virgin Mary, 82-CV-19-4008) to start the chapel or, if substantial construction of the chapel has not taken place, to substantially construct the chapel.” ATTACHMENTS: • City Council Resolution 2019-059 • Letter from Rev. John M. Burns, dated July 30, 2020 • Zoning and Location Maps, Certificate of Survey and Project Plans (13 pages)