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HomeMy WebLinkAbout#15 - Carmelite Hermitage CUP STAFF REPORT DATE: 8/20/2019 REGULAR ITEM #: 15 TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Conditional Use Permit – Carmelite Hermitage of the Blessed Virgin Mary REVIEWED BY: Ben Prchal, City Planner BACKGROUND: The City has received an application for a conditional use permit (CUP) to allow the construction of a place of worship (chapel) on the property of the Carmelite Hermitage at 8249 Demontreville Trail. This site within a Public and Quasi-Public Open Space zoning district. Places of worship (such as churches and chapels) are conditional uses in the Public and Quasi-Public Open Space zoning district. On June 24, 2019, the Planning Commission held a public hearing about this request. The Commission reviewed the staff report and took testimony from several persons (for and against) the CUP for the chapel. The Planning Commission closed the public hearing for the CUP and took no action on the proposal to allow the applicant and the City to review the question and alternatives about access and direct access for the proposed chapel. On August 12, 2019, the Planning Commission considered a variance request about “direct access” for the proposed chapel and they continued their discussion about the CUP for the proposed chapel. The Planning Commission recommended approval of both the variance request and the CUP for the chapel, subject to conditions of approval as outlined in the staff reports. ISSUE(S) BEFORE THE CITY COUNCIL: The City Council is being asked to consider the request for the conditional use permit (CUP) and the variance request for the proposed chapel at the Carmelite Hermitage at 8249 Demontreville Trail. PROPOSAL DETAILS/ANALYSIS: Applicants: Carmelite Hermitage of the Blessed Virgin Mary, 8249 Demontreville Trail, Lake Elmo, MN 55042 Page 2 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: Conditional Use Permit for a place of worship and religious institution 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. Deadline(s) for Action: Application Complete – 5-24-2019 60 Day Deadline – 7-23-2019 Extension Letter Mailed – July 3, 2019 120 Day Deadline – September 21, 2019 Page 3 Applicable Regulations: §154.210 – Off-Street Parking Article XIV: Public and Semi-Public Districts Request. A place of worship in Lake Elmo is a conditional use in the Public and Quasi-Public Open Space district. The City approved the Master Plan for the Carmelite Hermitage in 1991 as previously mentioned in this report, but a conditional use permit was never obtained, as the use was considered permitted at that time. The City adopted the Public and Quasi-Public Open Space ordinance in September of 2000, and this ordinance required conditional use permits for places of worship and set forth certain standards for such a use as well as other district requirements that are in place today. Because the property does not have a conditional use permit as is required by the Zoning Code, the existing use is considered legal non-conforming. The City’s ordinance states that the lawful use of a building or structure may continue, but that the continuation of the non-conforming use does not include expansion. Since the applicant is requesting expansion of the non-conforming use (by adding a chapel), the City must approve a conditional use permit for the entire property in order for the applicant to add the chapel and to bring the property in to compliance with current zoning requirements. (Note: Conditional use permits run with or are applicable to a specific property, not with a particular owner or person). Use on Proposed Site. The proposed chapel would be to the west of the existing buildings and south of the existing driveway into the site. As shown on the plans, the chapel would be about 8,520 square feet in area with a height of 41 feet, four inches. The applicant noted in their project description that the chapel would be used for liturgical services and for personal prayer and would have seating for 42 guests in addition to the seating for the 12 members of their community. They also state that since their community members live in a Hermitage and since their way of life is relatively secluded, they do not generate a significant amount of vehicle traffic. They are anticipating an average of 10-15 visitors a day to their site. They have two part-time employees to help maintain the grounds and buildings. The Hermitage is open to the public between 7:30 AM and 4:30 PM. They are not planning to hold regular church or public worship services in the chapel. Setback and Impervious Surface Requirements. The following table outlines how the proposed use adheres to the setback and impervious surface requirements of the Public and Quasi-Public Open Space District. Public and Quasi Public Open Space Zoning Standards Standard Required Proposed Maximum Parcel Area 20 acres 90 acres Lot Width – Minimum (at ROW) 100 feet Approximately 1793 feet Lot Depth – Minimum 150 feet Approximately 2015 feet Maximum Height 50 feet Approximately 41 feet Maximum Impervious Coverage 15% 1.2% Front Yard Setback – Building 100 feet Approximately 1000 feet Interior Side Yard Setback – Building 100 feet Approximately 900 feet Rear Yard Setback - Building 100 feet Approximately 1000 feet Parking Lot Setback 100 foot Approximately 200 feet Page 4 Standards for Places of Worship within the Public and Quasi-Public Zoning District. The following outlines standards for places of worship as outlined in the Public and Quasi-Public zoning district. a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; • Staff Comment. The City approved a variance for the access to this site in 1991. There is an existing driveway that connects the property to Demontreville Trail that is in an access easement that has been in place since 1904. The City has classified Demontreville Trail as a major collector street. The question and standard about direct access for the chapel is covered in a separate staff report. b. No use may exceed 235 gallons wastewater generation per day per net acre of land; • Staff Comment. It is unknown how much wastewater is generated, but it is assumed there is no more than 235 gallons being generated per net acre on a 90 acre site. c. No on-site sewer system shall be designed to handle more than 5,000 gallons per day; • Staff Comment. The proposed drainfield is 15,000 square feet in area and according to the SSTS design report dated May 8, 2019 is designed to handle 350 gallons of waste a day. d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; • Staff Comment. There are no exterior athletic fields. e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. • Staff Comment. There are no broadcast or telecast antennas, existing or proposed. Parking Lot Requirements. The project plans show a new 18-vehicle parking lot to the west of the entrance driveway and to the northwest of the proposed chapel.  Maneuvering Area. There is sufficient space in and around the parking lot so vehicles do not need to back in to the public street.  Surfacing and Drainage. The majority of the parking lot would have curbing and would be paved with a durable surface. Stormwater drainage would be directed to the northeast to a new infiltration basin on the site.  Marking of Parking Spaces. The Code requires parking areas with five or more spaces to be marked with painted lines at least four inches wide. The plans for the parking lot show striping to meet this requirement.  Curbing. Open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb or barrier of normal height. The proposed parking lot meets this requirement.  Accessible Parking. The proposed number of parking spaces is 18 and of these, one would be handicap –accessible, which meets the Americans with Disabilities Act (ADA) requirements.  Number of Parking Spaces. The City’s parking requirements requires one space per six seats. There are 54 seats within the chapel so the Code would only require 9 parking spaces for the chapel. The applicant has proposed 18 parking spaces thus meeting this requirement. Page 5 Parking Lot Landscaping and Screening Standards  Perimeter Parking Lot Landscaping. The proposed parking lot is located in the center of the property – well away from the street right-of-way and from any property lines. The existing trees on the site provide adequate screening and landscaping around the proposed parking lot. Landscape Plans. The applicant has submitted surveys and project plans showing the existing landscaping and wooded areas on the property. Since the site has extensive areas of trees and the since the proposed chapel would not be removing any existing trees, staff does not recommend that the City review or require additional landscaping on the property. Septic Drainfield. The existing drainfield is to the south of the existing building and the proposed chapel will not affect the existing drainfield. The project plans show a new drainfield to the south of the proposed chapel. This new drainfield will require a permit from the Washington County Public Health and Environment Department before installation. Architectural Standards within the Public and Quasi-Public Open Space. The exterior design of the chapel is subject to the Performance Standards set forth in Section 154.600(F) of the Zoning Code. The proposed chapel would be constructed with a mix of brick, limestone, marble and have a green shingled roof. These materials meet the requirements for exterior materials as listed in the zoning code and the overall design meets or exceeds all the design standards set in Section 156.600 of the Zoning Code. Fire Chief Review. I have attached the Fire Chief’s review comments (dated June 5, 2019) for your consideration. Staff is recommending that the applicant meet all the requirements of the Fire Chief before the City issues a building permit for the chapel. City Engineer Review. The City Engineer’s review memo (dated June 17, 2019) is attached to this report. His comments are primarily about stormwater management for the project. He noted: • The project will require a Valley Branch Watershed District (VBWD). • The storm water facilities for this development should remain privately owned and maintained. • The storm water facility 100-year HWL must be fully contained within the subject property and easement must be provided to protect the 100-year HWL flood area. • The applicant shall provide drainage and utility easement over storm water BMP including the 100- year HWL and pond maintenance access road and access bench. Recommendation Findings. Staff recommends the following findings for the proposed chapel: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use of the property for religious facilities, including the proposed chapel, will not be detrimental or in any way endanger the public health, safety, comfort, convenience or welfare of the neighborhood or the City. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Public/Park in the 2030 Comprehensive Plan and Institutional in the proposed 2040 Comprehensive Plan. A place of worship is a conditional use in these land use designations. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood. The religious facilities in this area were established in the 1950’s and Hermitage has been on this site since the 1980’s. Page 6 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The existing and proposed uses meet all specific development standards for such use as listed in Section 154.600 Public and Quasi-Public Open Space. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The existing structures and the proposed chapel would be located outside the 0.2% annual chance floodplain and meets shoreland setback requirements. 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. The proposed chapel is compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The existing religious facilities and the proposed chapel are not nor will they will be hazardous or create a nuisance. 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. The existing facilities and the proposed chapel are and will be adequately served by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 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. The existing facilities and the proposed chapel do not and will not create excessive additional requirements at public cost nor will the existing or proposed facilities on the property 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. The existing and proposed uses will not excessively produce traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Vehicular approaches to the property do not and will not create and have not created traffic congestion or interfere with traffic. The number of additional vehicles expected on the property because of the new chapel is minimal and will be limited to certain times and days of the weeks. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A Recommended Conditions of Approval. The Planning Commission and City staff recommend the following conditions of approval for the proposed chapel: Page 7 1) The City Council must approve the Variance request to allow the Applicant to use the existing driveway to Demontreville Trail as the access for the proposed chapel. 2) The applicant must obtain all other necessary City, State, and other governing body permits and approvals before the commencement of any construction activity on the site. These include, but not limited to, a Valley Branch Watershed District permit, approval of revised plans by the City Engineer, a building permit and an on-site wastewater (septic) permit. 3) All items and changes outlined by the City Engineer in the memorandum addressing the Carmelite Chapel Conditional Use Permit and Site Improvements dated June 17, 2019 shall be incorporated into the project plans. 4) All items outlined by the Fire Chief in his memo dated June 5, 2019, shall be incorporated into the project plans and before the City issues a building permit for the project. 5) The applicant must provide written documentation demonstrating adequate wastewater management facilities exist or are proposed to serve the proposed chapel. This should include either a Washington County inspection compliance report for the existing on-site wastewater system or a wastewater management plan and permit approved by Washington County to serve the proposed chapel. 6) The applicant or owner receive 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. FISCAL IMPACT: None OPTIONS: The City Council may: • Approve the Conditional Use Permit with recommended findings and conditions of approval. • Approve the Conditional Use Permit with amended findings and conditions of approval. • Deny the Conditional Use Permit, citing findings for denial. RECOMMENDATION: Staff and the Planning Commission are recommending approval of the Conditional Use Permit for the Carmelite Hermitage of the Blessed Virgin Mary including the proposed chapel for the property located 8249 Demontreville Road: “Move to adopt Resolution 2019-059 approving the conditional use permit for the Carmelite Hermitage including the proposed chapel for the property located at 8249 Demontreville Road with recommended findings and conditions of approval as drafted by Staff.” ATTACHMENTS: • Application Narrative dated May 24, 2019 • 4 City Maps and Project Plans • Site Survey • Certificate of Survey Page 8 • Engineering Project Plans (6 sheets) • Architectural Plans (4 sheets) • City Engineer Review Memo dated June 17, 2019 • Fire Chief Review memo dated June 5, 2019 • Neighbor comments (Falzone) dated June 16, 2019 • Bryan Huntington letter (Larkin-Hoffman) dated 8-7-2019 • Eric Lipman letter dated 8-9-2019 • Resolution 2019 - 059 1 Land Use Application – 5-24- 2019 Property Location All of Government Lot 4 in Section 9, Township 29 north, Range 21 west, City of Lake Elmo, Washing- ton County, Minnesota, according to government survey containing 59.4 acres of land. Also the south 30.6 acres of Government Lot 4 in Section 4, and of the southwest quarter of the southeast quarter of said Section 4, all in Township 29 north, Range 21 west, according to government survey, being the south 688 feet thereof. Detailed Reason for the Request In December of 1991, the City of Lake Elmo approved the master plan of the Carmelite Hermitage of the Blessed Virgin Mary (aka Carmel of the Blessed Virgin Mary). The master plan included a phasing plan of four parts. Phase 1, consisting of a community building and garage was constructed in 1991/92. Phase 2, consisting of a central court yard with covered walkways (cloister) was constructed in 2001/2002. Phase 3 consists of a chapel and is the building we would now like to construct. Phase 4 will consist of a guest building and library. We hope to commence Phase 4 around 2022. We request City approval of a conditional use permit to construct our chapel because it is an essential building of every monastery and will provide needed worship space for the members of the Hermitage and their guests. Variance Requests No variances requested. 2a. Contact Information Owner of Record Discalced Carmelite Nuns of Saint Paul 8251 Demontreville Trail Lake Elmo, MN 55042 651-777-3882 Authorized Agent Reverend John Burns Carmelite Hermitage of the Blessed Virgin Mary 8249 Demontreville Trail Lake Elmo, MN 55042 651-779-7351 carmelbvm@gmail.com Architect Duncan Stroik 218 West Washington Avenue Suite 1200 South Bend, IN 46601 574-232-1783 stroik@stroik.com Civil Engineer Paul Cherne, P.E. Pioneer Engineering 2 2422 Enterprise Drive Mendota Heights, MN 55120 651-251-0630 pcherne@pioneereng.com Surveyor Joel Anez Landmark Surveying, Inc. 21070 Olinda Trail North Box 65 Scandia, MN 55073 651-433-3421 inthefield@frontiernet.net Septic System Jesse Kloeppner Steinbrecher Companies, Inc. Zimmerman, MN 55398 763-843-4114 septic@IssiMN.com 2b. Property Information Addresses Discalced Carmelite Nuns of St. Paul 8251 Demontreville Trail Lake Elmo, MN 55042 Carmelite Hermitage of the Blessed Virgin Mary 8249 DeMontreville Trail Lake Elmo, MN 55042 Current Zoning Public Facility (PF) Parcel Size 90.109 acres 3,924,760 square feet PID 0902921120002 Current Legal Description All of Government Lot 4 in Section 9, Township 29 north, Range 21 west, City of Lake Elmo, Washing- ton County, Minnesota, according to government survey containing 59.4 acres of land. Also the south 30.6 acres of Government Lot 4 in Section 4, and of the southwest quarter of the southeast quarter of said section 4, all in Township 29 north, Range 21 west, according to government survey, being the south 688 feet thereof. 3 2c. History of the Property The property under consideration was homesteaded in the 1800s and remained farm land until 1954. At one time William Jennings was owner of all of Lot 4, Section 9, Township 29, Range 21, and all of Lots 3 and 4 and the West one-half of the Southeast Quarter of Section 4, Township 29, Range 21, West in Washington County, Minnesota. On 25 August 1904, William Jennings and his wife conveyed to Christian Figge by warranty deed dated that day, Government Lot 4, Section 9, Township 29, Range 21, and also the South 30.6 acres of Lot 4 in Section 4 and of the Southwest Quarter of the Southeast Quarter of Section 4, Township 29, Range 21. As part of said conveyance, William Jennings also granted to Christian Figge a right of way (easement) to Figge’s property over Government Lots 3 and 4 in Section 4 as described in a deed rec- orded in Book 72 of the Book of Deeds, page 80, Washington County, Minnesota. This is the easement from Demontreville Trail across property now owned by the Jesuit Retreat House and to the property un- der consideration that has existed since 1904. In 1954, the Discalced Carmelite Nuns of Saint Paul, a non-profit corporation under the laws of the State of Minnesota, were looking for property upon which to build a permanent monastery. They were advised of the property which they now own and entered into negotiations with the current owners. On 2 February 1954, Phillip C. Mackey and his wife Bernadine R. Mackey conveyed their property, along with its easement, to the Discalced Carmelite Nuns of Saint Paul by warranty deed, dated that day, and filed for record in Washington County, Minnesota, on 4 February 1954. At the time of purchase, said property had been on the market for five years. The Carmelite Nuns built their monastery upon their newly acquired property in 1954/55. They moved into the new monastery in 1955 and have resided there since that time. In 1983, Rev. John Burns, a Carmelite priest, became chaplain for the Carmelite Nuns in Lake Elmo. After several years, the Carmelite Nuns and Fr. Burns mutually agreed that it would be beneficial to the Carmelite nuns if the Carmelite Fathers and Brothers established their own monastery on the property. This would assure the nuns of future chaplains and allowed the Carmelite Fathers to have a presence in the Twin Cities. In 1987 Carmel of the Blessed Virgin Mary (aka Carmelite Hermitage, Carmelite Her- mitage of the Blessed Virgin Mary) was incorporated in the State of Minnesota. Other priests and brothers joined the community over the years. The Order of Carmelites was founded on Mount Carmel (present State of Israel) sometime before 1200 AD. From there it has spread to six continents. Currently there are about 900 monasteries of nuns with a total membership of 10,000, and 1,000 houses of Carmelite priests and brothers with about a total mem- bership of 6,000. We are part of the Roman Catholic Church. Our way of life consists of prayer, study, and labor to support ourselves. We also welcome visitors who wish to find a quiet place to refresh their minds and hearts, to reflect and pray, either by themselves or with us, and who may desire to seek guidance for their lives by talking with one of the members of our community. The chapel is the heart of our monastery buildings. Our day is punctuated by liturgical ser- vices and times of personal prayer. We live a simple way of life and support ourselves through arts and crafts, organic gardening, maple syrup production, woodworking and self-maintenance of our property and buildings. 2d, i. The 90 acre tract upon which the new chapel will be built is approximately 60% woodland and 40% prai- rie and is situated on the east bank of Lake Demontreville. Wildlife is abundant in all areas of the prop- erty. We have a personal commitment to live in harmony with our natural surroundings and to employ horticultural practices which do not pollute but rather benefit the environment. We have spent many hours removing buckthorn and diseased trees from our property and planting species of trees and shrubs which are beneficial to wildlife. 4 The new chapel will be situated just west of the existing buildings of the Hermitage. The land there is almost flat, and construction of the chapel will not require any significant changes to the topography. The hermitage is situated in an open field surrounded by woodlands. The area in the immediate vicinity of the hermitage is planted with lawn, trees, shrubs, and flower beds. Access to the hermitage is provided by a private road from Demontreville Trail. The distance between the hermitage and Demontreville Trail is approximately ½ mile. Since we live at the Hermitage, and since our way of life is relatively secluded, we leave the Her- mitage infrequently, and therefore we do not generate a significant amount of traffic. Visitors to our Her- mitage now average 1-2 per day. Additionally, we have regular mail delivery and occasional deliveries by UPS or FedEx. Our new chapel will be open to the public during the day and may generate an increased number of visitors. Because of the remoteness of our property and the fact that we do not advertise, we do not anticipate an increase of visitors beyond an average of 10-15 per day. We do not operate any pro- grams for the public, although we may have a special celebration a few times per year to which guests are invited. We do not anticipate any adverse effects upon the natural areas of our property during or after the construction of the chapel. 2d, ii. We currently have seven members in our community, and we may eventually grow to a maximum of twelve members. We have two part-time employees who help to maintain our grounds and buildings. The Hermitage opens to the public at 7:30 AM and closes at 4:30 PM. We have a gate which prevents access to the hermitage after-hours. Our community building provides living and work spaces for the members of the community, includ- ing a kitchen, dining room, laundry, shower room, library, infirmary, and mechanical room. To the west of the community building and attached to it lies the cloister. This consists of a quadrangle surrounded by covered walkways which allow passage from one building to another under a roof. The open interior of the cloister is landscaped with flowerbeds and a pool. Off the north and south sides of the cloister are found the bedrooms of the members of the community. The new chapel will be situated just west of the cloister. The chapel will be used for liturgical services and for personal prayer. It has a planned seating capacity of 42 guests, in addition to the members of our community (12 maximum). 2e, i. Since the parcel of land upon which the chapel will be built is very large and since the chapel will be lo- cated in the middle of the parcel, we do not foresee that the chapel will cause any inconvenience or dis- turbance to the neighborhood or to the City. Our community greatly values silence as an appropriate at- mosphere for prayer and personal reflection. None of the activities carried on in the new chapel will cre- ate noise. The chapel will be built of durable and noble materials which will enhance the beauty of the neighborhood. The safety of our grounds and buildings is important to us. No toxins or harmful waste products are produced as a result of activities at our monastery, and we are committed to recycling and energy conservation. 2e, ii. Our parcel of land has always been and continues to be zoned as Public Facility. No change in land use is envisioned in our plans. Since our parcel of land is heavily wooded and borders Lake Demontreville on its west side, we in no way interfere with the development plans of the City of Lake Elmo. The comprehen- sive plan is for public/park. The rural character of the area will not be changed by the addition of the new chapel building. 5 2e, iii. Our property is bordered on the south and east by low density private housing, on the north by the Jesuit Retreat House, and on the west by Lake Demontreville. Woodland separates our buildings from the sin- gle-family neighborhoods which border our property to the east and to the south. Woodlands also separate us from the Jesuit Retreat House. There is no direct view of our buildings from any neighboring property. There is no incompatibility between our hermitage and the existing neighborhood. We have excellent re- lations with our neighbors. Many have told us that they are very grateful to live next to our hermitage both because of the prayerful and religious nature of our life and also because of our extensive wood- lands. The Jesuit Retreat House shares the same prayerful and religious activities as we do. Far from being incompatible, our institutions belong to the same church and share a common way of life. The one priest who is resident at the Jesuit Retreat House opposes our new chapel because of a fear that it will increase traffic on the roadway which passes through Jesuit property to reach our hermitage. We have told him that we will work with him to minimize any disturbance to the retreats which take place from Thursday even- ing through Sunday evening most weeks. Since we do not advertise in any way nor offer programs for the public, we do not anticipate large crowds coming to our hermitage. Visitors will be intermittent and will usually arrive in a single car. By contrast, there may be fifty or more cars which come to and leave from the Jesuit Retreat House at the beginning or end of the weekly retreat. Trucks make food deliveries during the week and a laundry truck comes each week to replace sheets and towels. The Retreat House employs far more people than our Hermitage, and this also adds to the traffic in the area. 2e, iv. Our project conforms to Article 7 of the Zoning Code, including general requirements for parking as re- gards dimensions and number of parking spaces. 2e, v. The project is not in a flood plain. The project is in a shoreland district. The project meets the setback and lot area requirements of the ordinance. Demontreville Lake is a recreational development lake. The pro- ject is a permitted use in the shoreland district Ordinance Proposed Setback County Road 50 2750’ Setback Public Street 20 1025’ Setback OHW 200 980’ Setback top of bluff 30 220’ Setback OHW- Septic 75 810’ Maximum impervious cover- age 15% 1.2% 6 2e, vi. The new chapel will be constructed of the same materials as the existing buildings of the hermitage (brick and stone). The monastery of the Carmelite nuns is also a brick structure. The main building complex of the Jesuit Retreat House is a limestone structure. No change in the character of the area will result from the construction of our chapel. The nearest land uses are also religious. 2e, vii. The chapel will be isolated from neighbors and will not create a hazard or nuisance to existing or future neighboring structures. 2e, viii. The project will be served adequately by existing public services and will not create any additional de- mand for public services. The site utilizes an onsite well and onsite septic system. In 1991 officials from the Lake Elmo Fire Department visited our Hermitage to determine whether our site presented any diffi- culties of access for the fire department. Fire Chief Dick Sachs stated in writing that our site did not pose any problems to his department. (See attached letter.) 2e, xi. The project will not create a need for additional public services or facilities. No detriment to the economic welfare of the community will result from the construction of our chapel. 2e, x. The chapel will be used for religious purposes by the residents of the Hermitage. Guests and visitors will have access to the chapel at suitable hours of the day. The chapel has a planned seating of 42 persons, but we do not anticipate having nearly this many people at our services on a daily basis. At the present time, we have no more than 0 to 10 visitors a day. Most days the number is 0 to 2. The new chapel will not pro- duce noise, smoke, fumes, glare, or odors, and the increase of traffic on account of the chapel will be min- imal. 2e, xi. The site is accessed via a collector street (Demontreville Trail) and a private drive. The additional traffic generated by the chapel is estimated to be 8 average daily trips on most days of the year and 30 average daily trips on a few occasions in a calendar year. Most trips will occur during non-peak hours. 7 2e, xii. The new chapel will be built in an open field and will result in very minimal tree removal (8-10 ever- greens which we ourselves had planted). No wetlands will be impacted. The chapel will be located 980’ feet from Lake Demontreville. The final phase of our monastery building program will consist of a build- ing for visitors and guests as well as some rooms for community workshops and library. Landscaping Plan Because the area around the chapel will be further developed with a guest building, workshops and a small library, we do not plan extensive landscaping around the chapel. Lawn grasses, some foundations shrubs, and a few flower beds will be planted and mulched with wood chips. Mr. Ken Roberts thought that, under these circumstances, it would not be necessary to submit a separate landscaping plan.     PAGE 1 of 2  MEMORANDUM         Date:  June 17, 2019      To:  Ken Roberts, Planning Director  Re:  Carmelite Site Improvements  Cc:  Chad Isakson, Assistant City Engineer    Engineering Site Plan Review  From:  Jack Griffin, P.E., City Engineer          A  Site  Plan  engineering  review  has  been  completed  for  the  Carmelite  Hermitage  Chapel  Conditional  Use  Construction Plan set. The site is located at 8249 DeMontreville Trail North in Lake Elmo. The submittal consisted  of the following documentation received on May 28, 2019:   Site Plans prepared by Pioneer Engineering, dated April 26, 2019.   Stormwater Management Report prepared by Pioneer Engineering, dated April 26, 2019.   Certificate of Survey prepared by Landmark Surveying, dated June 27, 2018.   Wetland Delineation Report prepared by MNR, dated May 2, 2019.   Septic System Plan prepared by Steinbrecher Companies, Inc., dated May 8, 2019.      Engineering review comments are as follows:    STORMWATER MANAGEMENT   A Valley Branch Watershed District (VBWD) permit will be required. The site plan is subject to a storm  water management plan (SWMP) meeting State, VBWD and City rules and regulations.   The SWMP executive summary must be revised and resubmitted to clarify the required standards for this  project (City and VBWD) and to demonstrate compliance with those applicable standards.   The total new and recreated impervious surface area must be identified in detail.   The applicable standards must reference the VBWD rules and Stormwater Rules for the City of  Lake Elmo.   The report must state the soil types determined by the soil borings. Assumed infiltration rates  must be identified in the report and the report must demonstrate drawdown in 48 hrs.   A soil boring location map must be provided and verified that sufficient borings have been taken  in accordance with the City Engineering Design Standards Manual.    Storm water facilities proposed for meeting State and VBWD permitting requirements must be designed  and constructed in accordance with the City Engineering Design Standards Manual available on the City  website, dated March 2017.   Ownership. The storm water facilities constructed for this development should remain privately owned  and maintained.   Stormwater Maintenance and Easement Agreement. The applicant will be required to execute and record  a Stormwater Maintenance and Easement Agreement in the City’s standard form of agreement.   Maintenance  Access.  Even  as  privately  owned  and  maintained  facilities,  maintenance  access  roads  meeting the City engineering design standards must be provided for all storm water facilities.   Easements. The storm water facility 100‐year HWL must be fully contained within the subject property  and easements must be provided to protect the 100‐year HWL flood area.  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4283      PAGE 2 of 2   Sheet 4.10. The sanitary sewer and water services must be identified as to size and material. A plan note  should  be  added  to  indicate  the  sanitary  sewer  and  water  service  lines  per  state  plumbing  code  requirements.    Sheet 5.10. Revise grading plan to revise storm water BMP site to meet City of Lake Elmo and MN Storm  Water Manual standards and as follows:   Provide 10:1 aquatic bench and 10:1 maintenance bench around retention BMP.   Provide 3:1 length to width ratio for retention basin.   Provide  defined  rip  rap  overflow  location  between  retention  basin  and  infiltration  basin  and  define overflow spot elevation.   Provide retention basin NWL and ensure minimum 3‐feet depth. Show NWL level contour on the  plan sheet.   Provide 100‐year HWL contour for the 996.9 HWL. The 100‐year HWL of 996.9 is not shown  consistent between Sheets 5.10 and 5.30. Revise plans and use spot elevations has required to  demonstrate extent of 100‐year HWL.   Sheet 5.10 Provide drainage and utility easement over storm water BMP including the 100‐year HWL and  pond maintenance access road and access bench. Access road grade must be less than or equal to 10% to  the maintenance bench.    Sheet 5.10. Remove plan note that states “Remove Trees as required within grading limits”. All trees to be  removed must be surveyed and shown on the plans. Tree removal may be subject to replacement per City  ordinances.    Sheet 5.20. The rock construction entrance must be positioned for all grading activity on site; not just for  basin 100P.   The  site  plans  must  be  updated  to  show  the  proposed  on‐site  SSTS  design.  The  Septic  System  Plan  prepared by Steinbrecher Companies is not consistent with the site improvements plans.   The plans must call out detailed site protection from construction activities for the proposed on‐site  wastewater treatment system and for the proposed storm water infiltration basin.   No  construction  may  begin  until the  applicant  has  received  City Engineer approval for the Final  Construction  Plans;  the  applicant  has  obtained  and  submitted  to the City all applicable permits,  easements and permissions needed for the project; and a preconstruction meeting has been held by the  City’s engineering department.                          “Proudly Serving Neighbors & Friends” June 5, 2019 Review of plans for a Conditional Use Permit for construction of the Carmelite Chapel. There was an initial review done in February of 2019, by our then Building Official Mike Bent with regard to the requirement of sprinklers. It was determined that none were required. If the building as presented then is consistent with the current proposal, that determination still stands. The following items need to be addressed: • Must meet all applicable codes in the 2015 MN State Fire Code. These requirements also include Appendix D, FIRE APPARATUS ACCESS ROADS. • With this building not requiring sprinklers, special attention to the following: o 503.1.1 “……shall extend to within 150 feet of all portions of the facility…” o Appendix D, Section D105 must be addressed regarding the height of the building (couldn’t determine on my plans) and if this section is applicable. • Will there be any fire hydrants brought into the site? • Location of Lockbox approved by Fire Chief • Location of alarm annunciator panel approved by Fire Chief. • Provide basic overhead view foot print plan of the building, non-architectural, showing rooms, access, utility locations, etc. Greg Malmquist, Fire Chief LAKE ELMO FIRE DEPARTMENT Station #1 3510 Laverne Ave. No. Lake Elmo, MN 55042 651-770-5006 ________________________ Station #2 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 651-779-8882 ________________________ From:falzonezone To:Ken Roberts Subject:Lake Elmo Planning Commission Date:Sunday, June 16, 2019 9:11:31 PM Caution: This email originated outside our organization; please use caution. To the Planning Commission of the City of Lake Elmo: Regarding the proposed “Chapel” at the Carmelite Hermitage of the Blessed Virgin Mary, I speak on behalf of my family at 5124 Isle Avenue North, Lake Elmo, to say that we absolutely support the construction of a new chapel. However, a few years ago, it was mentioned that this new building would require adding a roadway through our street for new access to the Chapel. I am writing to share that we vehemently oppose the construction of a roadway through Isle Avenue. We have shared a property line with the Carmelites for just over 20 years, and they have been phenomenal neighbors. My family supports their devoted and faith-filled lifestyle, so we are completely in favor of building the Chapel. We want them to do that! However, we feel they should maintain access where it has always been – along DeMontreville Trail. Adding a roadway through Isle Avenue would disrupt the quiet, residential neighborhood that drew us here originally. When adding a roadway through Isle Avenue was discussed a few years ago, I was informed by sources affiliated with the city that Isle Avenue was not constructed to withstand consistent vehicular traffic – its weight capacity simply is not enough. Even though the Chapel will not draw many visitors, its weight rating would still need to be adequate, and our street just was not built that way. We love the city of Lake Elmo. It is where our kids grew up, it’s where most of our family lives, and it’s where we are blessed to call home. Our street has been the place where all of the neighborhood kids grew up playing with each other, where we have gone for countless family bike rides and walks, and where we can take a deep breath from the fast-paced reality of our professional lives. Isle Avenue is a sanctuary for many of us – not just for my family. It is a safe place. It is a quiet place. It is a lightly-traveled dead end. Because of what this neighborhood means to us, we sincerely ask that you consider maintaining the existing access for the new Chapel. That said, we wish the Carmelites all the best in the construction of their Chapel. It will be a great addition for their lives, and we are excited for them! Thank you for considering! Craig Falzone and family 5124 Isle Avenue North Lake Elmo, MN 55042 Sent from my T-Mobile 4G LTE Device August 9, 2019 BY ELECTRONIC AND FIRST CLASS MAIL Members of the Planning Commission City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Planning Commission Meeting Scheduled for August 12, 2019 Agenda Item 4(a) – Conditional Use Permit for the Carmelite Hermitage Dear Commission Members: I live in the Tri-Lakes Area of Lake Elmo and write to you in support of the Carmelite Hermitage’s request for a Conditional Use Permit and a variance from the direct access requirements of the City’s Zoning Code. The Hermitage’s proposal for a chapel is a good one and the Commission should approve the Staff Recommendation for Agenda Item 4(a) as it was written. I. The Hermitage has the Right to Use the Shared Driveway A key point to remember when analyzing the Hermitage’s request is that the driveway easement between the Hermitage and Demontreville Trail is a property right that the Carmelites paid money to purchase. It made the parcel worth buying. Likewise, as detailed on page 3 of the Staff Report, the driveway easement has been in place for one-hundred and fifteen years and predates the arrival of the Jesuit Retreat House by more than four decades. The Carmelites purchased the Hermitage property knowing that it had the right to access to Demontreville Trail and the Jesuits purchased their Retreat House property knowing that such an easement existed. The fact that the Jesuits no longer wish to share what is legally a “shared driveway,”1 is shameful, but irrelevant. The Carmelites have a legal right to use the easement for their own travel to and from Demontreville Trail and to invite their guests to do likewise. The Commission should act to vindicate these rights. If pressed on this point by the Jesuits, the Commission should ask them to explain why they are entitled to invite an average of 50 guests each and every week to travel across the shared driveway,2 but the Carmelites should not be permitted to invite 42 1 See generally Minneapolis Athletic Club v. Cohler, 177 N.W.2d 786, 789 (Minn. 1970). 2 See Letter of Timothy J. Keane to Director Ken Roberts, at 2 (June 24, 2019). 2 guests of their own at any time. There is no good or reasonable answer to that question; the Jesuits know this; and you should too. II. Granting a Direct Access Variance is Appropriate While the Hermitage proposal satisfies the direct access requirements of the Zoning Code (because the easement grants direct access from the Hermitage parcel to a collector road),3 issuance of the variance is still useful. A variance removes all doubt. Further, issuing an access variance is appropriate because the Hermitage’s proposed chapel is not designed to be, nor likely to operate, like the “places of worship” contemplated by the Zoning Code. Unlike other churches in Lake Elmo, the proposed chapel is meant to support to the monastic life of the parcel’s residents.4 In that way, the general “places of worship” provisions of our Code are a poor fit for the special features of this proposal. That mismatch makes granting the variance a good idea. Lastly, the requested variance is closely aligned with the purposes of our Zoning Code. The direct access requirements are intended to: assure maintenance and preservation of the established rural character of the city by preserving agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses.5 In this case, supporting very modest and lawful uses of the existing driveway (as opposed to the burdens associated with carving a new ¾ -mile asphalt driveway through precious woodlands) “preserv[es] agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses.”6 If the Zoning Code could talk, it would tell you to approve the Staff Recommendation. For all of these reasons, the Commission should approve the Staff Recommendation for Agenda Item 4(a) as it was written. Very truly yours, Eric L. Lipman 3 Lake Elmo City Code § 154.600 (B)(2)(a) (2019). 4 See Application, at Section 2e (x) (May 24, 2019). 5 Lake Elmo City Code § 154.600 (A) (2019). 6 Id. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2019-059 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHAPEL OR PLACE OF WORSHIP FOR A PORTION OF THE PROPERTY LOCATED AT 8249 DEMONTREVILLE TRAIL WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Carmelite Hermitage (Rev. John Burns), 8249 Demontreville Trail, Lake Elmo, MN 55082 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit to add a chapel or place of worship for a portion of the property located at 8249 Demontreville Trail (PID# 09.029.21.12.0002) (the “Property”); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on June 24, 2019; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated August 20, 2019, and WHEREAS, the City Council considered said matter at its August 20, 2019 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a place of worship or a chapel for a portion of the property located at 8249 Demontreville trail, Lake Elmo 4) That the Conditional Use Permit for a Carmelites including the proposed chapel will be for the Property legally described as follows: Legal Description of the Property All of Government Lot 4 in Section 9, Township 29 north, Range 21 west, City of Lake Elmo, Washington County, Minnesota, according to government survey containing 59.4 acres of land. Also the south 30.6 acres of Government Lot 4 in Section 4, and of the southwest quarter of the southeast quarter of said Section 4, all in Township 29 North, Range 21 West, according to government survey, being the south 688 feet thereof. 5) That the Variance application about direct access to a collector or arterial street for the chapel that was proposed by the Applicant would allow the applicant to use the existing driveway to their property as access for the proposed chapel. 6) That the City approved the Applicant’s request for a Variance about direct access to a collector or arterial street for the chapel by allowing the Applicant to use the existing driveway to their property as access for the proposed chapel. 7) Findings 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use of the property for religious facilities, including the proposed chapel, will not be detrimental or in any way endanger the public health, safety, comfort, convenience or welfare of the neighborhood or the City. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Public/Park in the 2030 Comprehensive Plan and Institutional in the proposed 2040 Comprehensive Plan. A place of worship is a conditional use in these land use designations. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood. The religious facilities in this area were established in the 1950’s and Hermitage has been on this site since the 1980’s. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The existing and proposed uses meet all specific development standards for such use as listed in Section 154.600 Public and Quasi-Public Open Space. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The existing structures and the proposed chapel would be located outside the 0.2% annual chance floodplain and meets shoreland setback requirements. 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. The proposed chapel is compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The existing religious facilities and the proposed chapel are not nor will they will be hazardous or create a nuisance. 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. The existing facilities and the proposed chapel are and will be adequately served by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 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. The existing facilities and the proposed chapel do not and will not create excessive additional requirements at public cost nor will the existing or proposed facilities on the property 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. The existing and proposed uses will not excessively produce traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. Vehicular approaches to the property do not and will not create and have not created traffic congestion or interfere with traffic. The number of additional vehicles expected on the property because of the new chapel is minimal and will be limited to certain times and days of the weeks. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Rev. John Burns of the Carmelite Hermitage for a Conditional Use Permit for a chapel or place of worship on the property located at 8249 Demontreville Trail with the following conditions of approval: 1) The City Council must approve the Variance request to allow the Applicant to use the existing driveway to Demontreville Trail as the access for the proposed chapel. 2) The applicant must obtain all other necessary City, State, and other governing body permits and approvals before the commencement of any construction activity on the site. These include, but not limited to, a Valley Branch Watershed District permit, approval of revised plans by the City Engineer, a building permit and an on-site wastewater (septic) permit. 3) All items and changes outlined by the City Engineer in the memorandum addressing the Carmelite Chapel Conditional Use Permit and Site Improvements dated June 17, 2019 shall be incorporated into the project plans. 4) All items outlined by the Fire Chief in his memo dated June 5, 2019, shall be incorporated into the project plans and before the City issues a building permit for the project. 5) The applicant must provide written documentation demonstrating adequate wastewater management facilities exist or are proposed to serve the proposed chapel. This should include either a Washington County inspection compliance report for the existing on-site wastewater system or a wastewater management plan and permit approved by Washington County to serve the proposed chapel. 6) The applicant or owner receive 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. Passed and duly adopted this 20th day of August 2019 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk