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HomeMy WebLinkAbout#21 - 8249 Demontreville Tr VarianceSTAFF REPORT DATE: 8/17/2021 REGULAR TO: Mayor and City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Variance – Direct Access for a Place of Worship REVIEWED BY: Ben Prchal, City Planner INTRODUCTION: The City has received a request from Rev. John Burns of the Carmelite Hermitage for a variance from the City Code requirement about direct access for a place of worship. He is making this request in order to eventually add a chapel to the Carmelite’s site located at 8249 Demontreville Trail. In this case, the applicant is asking for City approval for a variance as part of constructing a new driveway to provide access to their property. (Please see his letter, maps and attached plans for more information about this request.) BACKGROUND: On December 3, 1991, the City Council approved a variance from the section of the City Code about having frontage a public road for the Carmelite Monastery. The Carmelites made this request so they could construct a building on their parcel (which does not have frontage on a public road). On August 20, 2019, the City Council approved the requests of the Carmelites for a variance to the City standard requiring direct access for a place of worship and a conditional use permit for the construction of a chapel on their property located 8249 Demontreville Trail. On August 18, 2020, the City Council approved the extension of the CUP as contemplated by Condition No. 7 of the 2019 approval resolution and City Code § 154.106(K). Specifically, staff recommended the City Council approve a time extension that provided the Carmelites one year after the resolution of both lawsuits to build their chapel. On August 9, 2021, the Commission Planning held a public hearing and considered the latest direct-access variance request for the Carmelites located 8249 Demontreville Trail. The Commission recommended approval of the variance request, subject to the conditions listed in the staff report. 2 ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to review, consider and make a determination about the above mentioned variance request. VARIANCE REQUEST DETAILS/ANALYSIS: Deadline for Action: Application Complete – 7/12/2021 60 Day Deadline – 9/11/2021 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V - Zoning Administration and Enforcement Article XIV – Public and Semi-Public Districts Variance Request: The Carmelite Hermitage of the Blessed Virgin Mary requests a variance from the direct access requirement for places of worship as outlined in Section 154.600(B)(2) of the City Code. Reason for Request. The reason for the variance request is to facilitate the construction of a chapel on their site. The City Code requires places of worship (such as chapels and churches) to have “direct access” to a public street classified by the Comprehensive Plan as a major collector or arterial. The Carmelites property is land locked and does not have frontage on Demontreville Trail. The Comprehensive Plan classifies Demontreville Trail as a major collector street. The applicants are proposing to construct a new 20-foot-wide bituminous driveway to the north and east of the existing driveway that now crosses the Jesuits property that provides access to the Carmelites facility. The proposed driveway will provide access to the Carmelites facility and should not interfere with the Jesuits use of their property. The Jesuits submitted a letter of support dated July 14, 2021 for the proposed location of the new driveway. REVIEW AND ANALYSIS/FINDINGS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 3 FINDINGS: The addition of a chapel to Carmelites site has been planned since at least 1991 when the City first approved a Master Plan for their site. The Carmelites have been using the existing driveway to Demontreville Trail for access to their site since that time. The proposed chapel is a reasonable additional use of the Carmelites facility and property and the addition of a new driveway to Demontreville Trail for access purposes solves their access needs. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: According to the applicant, the existing lot layout with the access easement to Demontreville Trail has been in place since 1904. This is a unique situation with circumstances not created by the landowner or the current land users – the Carmelite Monks. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: The proposed variance will allow the Carmelites to use the proposed driveway for access for their facilities including the proposed chapel. By using the proposed driveway to Demontreville Trail, the Carmelites will not be altering the essential character of the locality (or area) in which their property is located. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS. The proposed variance to allow the use of the proposed driveway for access for their facilities and the proposed chapel. It will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. The expected traffic levels on Demontreville Trail with the addition of the proposed chapel and the new driveway is expected to remain about the same as it has been for the past ten years. CITY ENGINEER REVIEW: The applicant submitted to the City the proposed construction plans for the new driveway. The City Engineer reviewed the proposed plans and provided comments about them in his memo dated August 4, 2021. He noted that this driveway project will require a permit from the Valley Branch Watershed District and that he will need to approve the final construction plans before the applicant starts the project. This review will be to ensure the driveway can support emergency vehicles and fire apparatus and that drainage or run-off from the new driveway will be controlled and managed as it is not permitted to flow into the Demontreville Trail roadway or right-of-way in any storm event. FIRE DEPARTMENT REVIEW: Dustin Kalis, the City Fire Chief provided planning staff with review comments about the proposed driveway plans. He noted that the driveway will need to meet the Fire Department requirements for widths and turning radiuses and shall be constructed to support up to 75,000 pounds. 4 FISCAL IMPACT: Staff has not found that the proposed variance will have any impact to the City. OPTIONS: The City Council may: • Approve the proposed variance as requested. • Approve the proposed variance with the recommended conditions. • Deny the proposed variance, citing findings of fact for denial. RECOMMENDATION: Staff and the Planning Commission recommend the City Council approve the request from Rev. John Burns of the Carmelite Hermitage for a variance (an exception) from the City’s requirement for direct access to a major collector or arterial street for a place of worship for the property located at 8249 Demontreville Trail. The suggestion motions for the City Council to take action on the recommendation as follows: “Move to adopt Resolution 2021 - 092, approving the request from Rev. John Burns of the Carmelite Hermitage for a variance (an exception) from the City’s requirement for direct access to a major collector or arterial street for a place of worship for the property located at 8249 Demontreville Trail. This approval shall be subject to the City Engineer and Fire Chief approving the final driveway construction plans and the applicant receiving a permit from the Valley Branch Watershed District before starting the construction of the new driveway.” ATTACHMENTS: 1) Variance request narrative dated July 9, 2021 (5 pages) 2) July 14, 2021 letter from the Jesuit Retreat House 3) Location Map 4) Property Line Map 5) Proposed driveway plans dated June 25, 2021 (18 pages) 6) Fire Department Review dated July 20, 2021 7) Engineering Review comments dated August 4, 2021 8) Resolution 2021 - 092 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2021 - 092 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF A CHAPEL OR PLACE OF WORSHIP ON THE PROPERTY LOCATED AT 8249 DEMONTRVILLE TRAIL BY USING A PROPOSED NEW DRIVEWAY FOR ACCESS TO DEMONTREVILLE TRAIL WHEREAS, Reverend John Burns, representing the Carmelite Hermitage (the “Applicant”) of 8249 Demontreville N, Lake Elmo MN 55042, Washington County, Minnesota (the “Property”) has submitted an application to the City of Lake Elmo (the “City“) for a variance or an exception to the City Code requirement about having direct access to a collector or arterial street for a chapel or place of worship; and WHEREAS, the applicant is requesting City approval to allow the use of a proposed driveway to Demontreville Trail for access to their site for the construction of a chapel or place of worship on their property; and WHEREAS, the Carmelites property is landlocked but currently has access to Demontreville Trail via an existing driveway that is located in an easement that crosses an adjoining property; and WHEREAS, the Carmelites have used the existing driveway to Demontreville Trail for access to their property since at least 1967; and WHEREAS, the Carmelites and Jesuits have reached an agreement about the construction and use a proposed 20-foot-wide driveway to Demontreville Trail for the Carmelites to use to access to their property located 8249 Demontreville Trail; and WHEREAS, the requested new access driveway request will not change the character of the area; and WHEREAS, notice has been published , mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing about the variance on August 9, 2021; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variance to the City Council as part of the City Staff Memorandum dated August 17, 2021; and WHEREAS, the City Council considered the access variance request at its August 17, 2021 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 a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That the applicant met all the variance application and submission requirements of Section 154.109 of the Lake Elmo Zoning Code. 3) That the proposed variance includes the following component: a) That the proposed 20-foot-wide driveway will provide access to the Property from Demontreville Trail also will serve as the access for the proposed chapel or place worship on the applicant’s property. 4) With respect to the proposed variance for the use of the proposed driveway for access for the proposed chapel, the strict enforcement of the City’s zoning regulations will cause practical difficulties and the Applicants propose to use the Property in a reasonable manner not permitted by an official control. The addition of a chapel to Carmelites site has been planned since at least 1991 when the City first approved a Master Plan for their site. The Carmelites have been using an existing driveway to Demontreville Trail for access to the site since that time. The proposed chapel is a reasonable additional use of the Carmelites facility and property and the addition of a new driveway to Demontreville Trail for access purposes solves their access needs. It is recognized that the proposed driveway will serve the Carmelites property will connect to the public street and as such, its proposed use for a chapel will not be impactful on public infrastructure, thus the Applicants would be using the Property in a reasonable manner. The use of the proposed driveway for access to Demontreville Trail for the addition of a chapel to site is a reasonable use of the property and the proposed access. 5) With respect to the proposed variance for the use of the proposed driveway for access for the chapel, the plight of the Applicants is due to circumstances unique to the Property not created by the Applicants. According to the applicant, the existing lot layout with the access easement to Demontreville Trail has been in place since 1904. This is a unique situation with circumstances not created by the landowner or the Applicant – the Carmelite Monks. Therefore, this criterion has been met with respect to the variance for using the proposed driveway for access to the Carmelites property and for the proposed chapel. 6) With respect to the proposed variance for using the proposed driveway for access for the proposed chapel, the proposed variance will not alter the essential character of the locality in which the Property is located. The proposed variance will allow the Carmelites to use the proposed 20-foot-wide driveway for access for their facilities and for the proposed chapel. By using the proposed driveway to Demontreville Trail, the Carmelites will not be altering the essential character of the locality (or area) in which their property is located. Therefore, the new driveway will not alter the essential character of the neighborhood and this criterion has been met. 7) With respect to the proposed variance to allow the use of the proposed driveway for access to their property and for the proposed chapel, the proposed variance will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. The proposed variance is to allow the use of the proposed driveway for access for their facilities and for the proposed chapel. The new driveway will not impair an adequate supply of light and air to the properties adjacent to the subject property, increase congestion of the public streets or substantially diminish or impair property values within the neighborhood. The expected traffic levels on Demontreville Trail with the addition of the proposed chapel and the new driveway is expected to remain about the same as it has been for the past ten years. Therefore, this criterion has been met. CONCLUSIONS AND DECISION 1) Based on the above findings that show the applicant has met all the City variance criteria with respect to the variance for having direct access to a collector or arterial street for a chapel or a place or worship, the City of Lake Elmo hereby approves the Applicants application for a variance or exception from the City standard requiring a place or worship or a chapel to have direct access to a collector or arterial street, subject to the following conditions: a) That the Applicant shall secure any required zoning approvals, permits and plan approvals from the City and other applicable jurisdictions for the construction of the chapel and the associated site improvements; b) That the applicant revise the driveway construction plans to meet the requirements of the City Engineer and City Fire Chief as noted in their project review comments. The City Engineer and the City Fire Chief shall approve the final driveway construction plans before the applicant starts constructing the new driveway. c) That the Applicant secure all other necessary approvals and permits for the construction of the new driveway including a permit from the Watershed District. Passed and duly adopted this 17th day of August, 2021 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Charles Cadenhead ATTEST: ________________________________ Julie Johnson, City Clerk of 1 5 Land Use Application – Variance Carmelite Hermitage of the Blessed Virgin Mary 9 July 2021 Property Location 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. Detailed Reason for the Request 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 owners of the property. 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. As part of their deed of purchase, they obtained a right of way across the neighboring property to the north (owned by the Jesuit Retreat House) which gave them access to Demontreville Trail. This right of way has existed since 1904. At the time that the Carmelite Nuns purchased their property, the right of way across the Jesuit property was the only access from a public road to the Carmelite property, and it remains the only access today. The Carmelite Nuns have used this right of way continuously for 66 years. In 1987 Carmel of the Blessed Virgin Mary (aka Carmelite Hermitage, Carmelite Hermitage of the Blessed Virgin Mary) was incorporated in the State of Minnesota as a community of Carmelite Priests and Brothers. In December of 1991, the City of Lake Elmo approved a master plan for the Carmelite Hermitage consisting of four phases: Phase 1, consisting of a community building and garage was constructed in 1991/92. Phase 2, consisting of a central courtyard 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. Additionally, in 1991 the City of Lake Elmo granted a variance to the Carmelite Hermitage because the Hermitage also uses the easement over Jesuit land to access Demontreville Trail. The Jesuit Retreat House made no objection to the variance. The Carmelite Fathers and Brothers have used the easement continuously for 34 years. In the intervening years, the Carmelite Hermitage has built four new buildings. In 2007, it requested and received an amendment to its master plan to add an additional building. This building was built in 2008. The Carmelite Hermitage was not asked to obtain a new variance for any of these construction projects. of 2 5 In 2020, the Carmelite Hermitage applied for and received a CUP from the City of Lake Elmo to construct a small chapel, shown as phase three on its master plan. An objection was raised by the Jesuit Retreat House which maintained that the Carmelite Hermitage needed a new variance to proceed with its chapel project because it does not meet the CUP requirements established by the City in 2000 and amended in 2006. Since there was doubt about the scope and language of the original variance granted to the Carmelite Hermitage, as well as doubt about the meaning of the word direct in the City’s CUP requirements, City staff suggested that the Carmelite Hermitage apply for a new variance which would clarify all issues related to access to our property. In a spirit of cooperation, The Carmelite Hermitage agreed to apply for a new variance. The City Council granted the variance in August 2020 as well as the CUP to build the chapel. Because of the City Council’s approval of the variance and the CUP, the Jesuit Retreat House sued the City of Lake Elmo, the Carmelite Hermitage, and the Discalced Carmelite Nuns. The Carmelite Hermitage and the Discalced Carmelite Nuns reached an out-of-court settlement with the Jesuit Retreat House on November 1, 2020. The Jesuit Retreat House agreed to give the two Carmelite monasteries a new easement through its property, farther away from its retreat buildings. In return, the Carmelite Hermitage agreed to relinquish its approved variance and CUP, and to apply for a new variance and CUP based upon a new driveway to be built over the new easement. It was agreed that the new driveway would be built before the new chapel was commenced. It was further agreed that, once the the new driveway is built, the Discalced Carmelite Nuns would relinquish their existing easement, and that all future traffic to the Carmelite monasteries would utilize the new driveway. It was agreed, however, that for emergencies, either road could be used by any institution or by first responders. Another clause of the agreement states that the new driveway must built before construction on the new chapel could begin. For this reason, the Carmelite Hermitage is now applying only for a variance for the new driveway. It intends to apply for a new CUP in late fall or winter of 2021. Variance Request, Practical Difficulties: The Carmelite Hermitage of the Blessed Virgin Mary requests a variance from the direct access requirement of Section 154.600(B)(2) of the City Code. It further requests that the variance apply to all 90 acres of the property owned by the Discalced Carmelite Nuns of St. Paul and that the variance apply to all buildings currently existing on the property as well as all buildings shown on its approved master plan which remain to be built. Strict enforcement of the City Code requiring direct access creates not only a practical difficulty but a serious hardship in that we would be unable to complete our monastery as planned and approved in 1991 by the City of Lake Elmo. In 1991, The City Council recognized the hardship that existed with regard to access to our property, and the Council granted us a variance at that time. 2.a. Owner of Record Discalced Carmelite Nuns of Saint Paul 8251 Demontreville Trail of 3 5 Lake Elmo, MN 55042 651-777-3882 Officers of the Corporation Sr. Angela Barrett Sr. Maravillas Schwab Sr. Marie Siegmund Applicant Carmelite Hermitage of the Blessed Virgin Mary 8249 Demontreville Trail Lake Elmo, MN 55042 651-779-7351 carmelbvm@gmail.com Officers of the Corporation Reverend John Burns Br. Joseph Bubanko Br. Christopher Burnside 2.b. 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. PID 0902921120002 (Please note that the new driveway will pass over Jesuit property: PID 0402921340001) Parcel Size 90.109 acres 3,924,760 square feet Existing Use of the Land Religious. Two religious communities reside on the property. The members of the communities engage in a life of prayer, worship, gardening, arts, and crafts. The public is welcome to visit the monasteries at suitable hours and to worship with them. Current Zoning of 4 5 Public Facility (PF) 2.c. Section 154.600(B)(2)a. “Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterials.” 2.d. The Carmelite Hermitage of the Blessed Virgin Mary and the Discalced Carmelite Nuns of St. Paul intend to build a new driveway over land owned by the Disabled Carmelite Nuns and the Jesuit Retreat House and terminating on Demontreville Trail which is a major collector street. The Carmelite monasteries request a variance from the direct access requirement of Section 154.600(B)(2) of the City Code. It further requests that the variance apply to all 90 acres of the property owned by the Discalced Carmelite Nuns of St. Paul and that the variance apply to all buildings currently existing on the property as well as all buildings shown on its master plan which remain to be built. 2.e. In December of 1991, the City of Lake Elmo approved the master plan of the Carmelite Hermitage consisting of four phases: 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. Additionally, the City of Lake Elmo granted a variance to the Carmelite Hermitage in 1991 since the Hermitage also used the easement over Jesuit land to access Demontreville Trail. The Jesuit Retreat House made no objection to the variance. When the Carmelite Hermitage applied in 2019 for a CUP in order to build a chapel (phase 3 of its master plan), an attorney for the Jesuit Retreat House sent a letter to the City Attorney contending that the variance of 1991 is not valid for the construction of the chapel because the CUP code enacted by the City in 2000 and amended in 2006 requires direct access to a collector road or major arterials. The City Attorney stated that an argument can be made that the Carmelite Hermitage do not have direct access. Furthermore the City Attorney contended that the 1991 variance applied only to the building which we built in 1991. We disputed this interpretation because it contradicted the practice of the City to date. We have built several buildings since 1991, including one in 2007 which required an amendment to our master plan, and in none of these cases did the City require a new variance. Nevertheless, we have agreed to apply for a new variance in order to clarify all issues related to access to our property. 2.f. The circumstances of our property are quite unique in that the property has never bordered a public road since it was divided from the property to the north of it in 1904. At that time, an unrestricted easement through the northern property was given in order that the southern property could have access to Demontreville Trail. The Discalced Carmelite Nuns received this easement as part of their deed of purchase. of 5 5 In 2011 the Carmelite nuns acquired three small lots that border their property as well as Hidden Bay Trail. The lots are undeveloped and have no driveways into them. Hidden Bay Trail is not a collector road or major arterial street. It is not suitable as an access road to our property. Strict enforcement of the City Code requiring direct access creates not only a practical difficulty but a serious hardship in that we would be unable to complete our monastery as planned and as approved by the City of Lake Elmo in 1991. 2.g. Our plight was in no way created by ourselves; it is rather the result of the division of the property in 1904. Our circumstances were recognized as unique by the City Council in 1991, and for this reason the Council granted us a variance. 2.h. Granting a variance will in no way alter the essential character of the neighborhood. The only change to the existing neighborhood will be the addition of a new driveway onto Demontreville Trail a few hundred feet east of the existing driveway to the Jesuit Retreat House. The new driveway will enter Demontreville Trail at a point which is removed from other existing driveways and with good visibility in both directions. This section of of Demontreville Trail contains only a few homes with very large lot sizes. There will be no disturbance to neighbors. Traffic to the monasteries will remain more or less as it has been in the past ten years. LOCATION MAP 00-ENG-120111-SHEET-COVR 0.1 CITY DETAILS EROSION CONTROL PLANGRADING PLANLEGENDCOVERSHEET INDEX0.10.21.1-1.32.1-2.3 9.1 CARMELITE MONASTERY DRIVEWAY FINAL GRADING UTILITY & STREET CONSTRUCTION PLAN LAKE ELMO, MINNESOTA COVER SEEDING PLAN3.1 GRADING DETAILS5.1-5.2 STORM SEWER CONSTRUCTION7.1 DRIVEWAY CONSTRUCTION8.1-8.3 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 SWPPP4.1 WALKING PATH CONSTRUCTION6.1 00-ENG-120111-SHEET-LGND 0.2LEGENDI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-GRAD 1.1GRADING PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-GRAD 1.2GRADING PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-GRAD 1.3GRADING PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 LEGEND 00-ENG-120111-SHEET-EROS 2.1EROSION CONTROL PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 LEGEND 00-ENG-120111-SHEET-EROS 2.2EROSION CONTROL PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 LEGEND 00-ENG-120111-SHEET-EROS 2.3EROSION CONTROL PLANI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 · · · · · · · · · 00-ENG-120111-SHEET-SEED 3.1SEEDING PLANI hereby certify that this plan was prepared by me or under my direct supervision and that Iam a duly Licensed Professional Engineerunder the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 551202422 Enterprise Drive (651) 681-1914Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-SWPPP 4.1STORMWATER POLLUTION PREVENTION PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-GRAD-DTLS 5.1GRADING DETAILSI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-GRAD-DTLS 5.2GRADING DETAILSI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-WALK 6.1WALKING PATH CONSTRUCTIONI hereby certify that this plan was prepared by me or under my direct supervision and that Iam a duly Licensed Professional Engineerunder the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 551202422 Enterprise Drive (651) 681-1914Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 III III III 00-ENG-120111-SHEET-STRM 7.1STORM SEWER CONSTRUCTIONI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-ROAD 8.1DRIVEWAY CONSTRUCTIONI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-ROAD 8.2DRIVEWAY CONSTRUCTIONI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-ROAD 8.3DRIVEWAY CONSTRUCTIONI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 00-ENG-120111-SHEET-DTLS 9.1DETAILSI hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 18OFCARMELITE MONASTERY DRIVEWAY LAKE ELMO, MINNESOTA 06-25-2021 PJC MSN Name Reg. No.Date Revisions Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 06-25-2021 CARMELITE HERMITAGE 8249 DEMONTREVILLE TRAIL NORTH19860 Paul J. Cherne LAKE ELMO, MN 55042 “Proudly Serving Neighbors & Friends” Lake Elmo Fire Department Memorandum To: Ken Roberts, Planning Director From: Dustin Kalis, Fire Chief Date: 7/20/2021 Re: Land Use Review – Variance Request - Carmelite Hermitage, 8249 Demontreville Trail _______________________________________________________________________________________ The Lake Elmo Fire Department has completed a land use review of Carmelite Hermitage, 8249 Demontreville Trail based on the Lake Elmo Planning Department packet dated 7/15/21 with the following comments: 1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning radiuses. 2) The approved fire apparatus access road shall be constructed with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds. 3) An approved fire apparatus turnaround shall be constructed at the end of the road if the road is a dead end. Proper fire apparatus turnaround shall be maintained if using existing drive or parking areas at the end of the new driveway. 4) The installation and use of gates shall be in compliance with the fire code. If a gate(s) is to be installed, provide more detailed information for review. 5) Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background. Codes and Standards Used for this Review This review is based on the following codes and standards as adopted and in effect in the State of Minnesota at the time of plan submittal.  2020 Minnesota State Fire Code     PAGE 1 of 2  MEMORANDUM         Date:  August 4, 2021      To:  Ken Roberts, Planning Director  Re:  Carmelite Monastery Driveway  Cc:  Marty Powers, Public Works Director    Engineering Construction Plan Review    Chad Isakson, Assistant City Engineer      From:  Jack Griffin, P.E., City Engineer          An engineering review has been completed for the Carmelite Monastery Driveway Construction Plans to extend  from Demontreville Trail. The submittal consisted of the following documentation received on July 12, 2021:   Carmelite Monastery Driveway Construction Plans dated June 25, 2021.   No Stormwater Management Plan was provided.      STATUS/FINDINGS: Engineering review comments have been provided for the above referenced Construction  Plans. When submitting revised plans and specifications, please provide a point‐by‐point response letter that  details all changes made to the plans.      FINAL CONSTRUCTION PLANS  1. Access to DeMontreville Trail North. The proposed driveway connects to DeMontreville Trail a distance of  approximately 650 feet north of the Jesuit Driveway Access. The location of the proposed access must be  referenced on the plans with the spacing dimensions listed from the adjacent existing driveways in both  directions.  2. The proposed driveway is proposed with a 20‐foot bituminous width and 2‐foot gravel shoulders.  3. At the connection point to DeMontreville Trail, the proposed driveway appears to be designed to collect  and divert runoff to proposed infiltration basins (Area 200P and Area 250P) on either side of the driveway.  The  design  and  construction  of  the  driveway  must  be  verified  that runoff from the driveway is not  permitted to flow into the DeMontreville Trail roadway or right‐of‐way for any storm event.  4. Revise plans to clearly show all property lines, right‐of‐way and easements.  5. Sheet 0.1. Add plan note to identify the standard of care guideline for the collection and depiction of  existing subsurface utility data per CI/ASCE 38‐02.  6. Sheet 1.1 – 1.3. Add culvert pipe size, material, and invert for all proposed and existing culverts.  7. Sheet 1.1 – 1.3. Add the 100‐year HWL elevation and contour for all proposed infiltration basins. Add  emergency overflow elevations and flow paths.  8. Sheet 1.1 – 1.3. Add proposed drainage and utility easements for each infiltration basin, incorporating the  100‐year HWL elevation and contour, and maintenance access routes to all drainage structures.  9. Sheet 1.1. Revise grading plan to eliminate infiltration basin encroachments for areas 200P and 250P from  the DeMontreville Trail right‐of‐way. Revise plans as needed to ensure the EOF flow path from 200P and  250P remain outside of the public right‐of‐way.        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  STORMWATER MANAGEMENT  1. The proposed grading and driveway construction is subject to a storm water management plan meeting  State, Watershed District and City rules. Permits  will be required from the Valley Branch Watershed  District and the Minnesota Pollution Control Agency.  2. No  Stormwater  Management  Plan  was  submitted  for  city  review.  Approval  of  the  plans  must  be  conditioned  on  the  applicant  submitting  a  Storm  Water  Management Report and storm sewer  calculations supporting the proposed design and consistent with all city and watershed rules.  3. All  storm  sewer  proposed  for  the  work  will  remain  privately  owned.  A  Stormwater  Easement  and  Maintenance Agreement in the city’s standard form will be required for the private owned storm water  management system.