HomeMy WebLinkAboutPZ PACKET 8-8-22
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday August 8, 2022
at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes - None
4. Public Hearing
CONDITIONAL USE PERMIT AND VARIANCE. Kokoro Volleyball has submitted
conditional use permit application for an indoor athletic facility at the southeast corner of
intersection 39th Street North and Lake Elmo Avenue North (PID 1302921220011). A variance is
being requested to allow one access point onto a public street where two accesses are required.
PRELIMINARY PLAT/PUD AND ZONING MAP AMENDMENT. GWSA Land
Development, LLC, for an approximately 295-unit single family detached residential project on
123 acres generally located at 10880 and 10830 Stillwater Boulevard.
5. Communications/Updates - City Council Updates
i. August 8, 2022
• Approved Conditional Use Permit with conditions for the Carmelite Hermitage Chapel.
• Approved the Animal Inn Zoning Text Amendment request from Animal Inn Training
LLC. To allow a Commercial Kennel as a Condition Use in the Limited Commercial
Zoning District.
• Approved a second amendment to the development agreement for Crossroads East 1st
Addition.
6. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to
attend this meeting due to a health condition or disability. Please `contact the Lake Elmo City Clerk if you
are in need of special accommodations.
STAFF REPORT
DATE: 08/8/2022
REGULAR
ITEM#: 4a – PUBLIC HEARING
MOTION
TO: Planning Commission
FROM: Ben Hetzel, Lake Elmo City Planner
AGENDA ITEM: Kokoro Volleyball Conditional Use Permit and Variance
INTRODUCTION:
Raymond Luczak, owner of Kokoro Volleyball, recently submitted a conditional use permit and
variance application for a proposed indoor athletic facility at the southeast quadrant of
intersection 39th Street N and Lake Elmo Avenue N (PID1302921220011). The 27,540 square
foot building and parking lot is intended to be a year round volleyball training facility with four
full time employees and 52 part time employees. The indoor athletic facility use is permitted by
conditional use permit in the zoning district.
The applicant is also requesting a variance to allow one access onto a public street. An indoor
athletic facility use requires a minimum of 2 accesses onto a public street according to the Lake
Elmo City Code.
REQUEST DETAILS/ANALYSIS:
Applicant: Kokoro Volleyball
Property Owner: Lake Elmo Business Park
Location: Southeast quadrant of intersection 39th Street N and Lake Elmo
Avenue N.
Brookman 3rd Addition Lot 1, Block 1
Request: Conditional Use Permit for an indoor athletic facility
Variance to allow a single access on a public street where a
minimum of two is required.
Site Area: 2.7 acres
Existing Land Use: Vacant
Existing Zoning: Village Mixed Use
Surrounding: North - Low Density Residential
South - Village Mixed Use
East - Village Mixed Use
West - Village Low Density Residential
Comprehensive Plan: Village Mixed Use
Deadline for Action: Application Complete - 7/20/22
60 Day Deadline - 9/20/22
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Extension Letter - NA
Regulations: Article XIII Village Districts
LEC 105.12.550 Indoor Athletic Facilities
LEC 105.12.410 Off Street Parking
Article VIII Environmental Performance Standards
105.04 – XIV Stormwater and Erosion and Sediment Control
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing, review, and make a
recommendation on the requests to approve a conditional use permit for an indoor athletic
facility and variance request to allow a single access onto a public street.
PROJECT ANALYSIS
The proposed facility would consist of one large 27,540 square foot building. 21,600 square feet
will consist of 6 volleyball courts. The other 5,906 square feet will consist of offices, yoga
studio, lounge, restrooms, suites, and a workout and training room. An additional 35,648 square
feet is designated as a parking lot.
The applicant estimates that the use will draw 150,000 visitors per year and average 150-200 cars
per day. Proposed hours of operation are 3:30 pm-9:30 pm Monday-Friday and 8-4 Saturday and
Sunday.
A variance is being requested for a single access due to the inability to gain access onto Lake
Elmo Ave N. Washington County manages access to Lake Elmo Ave via a permit process. The
County has indicated that it would not support or permit a direct access onto Lake Elmo Ave due
to the north bound right turn lane and the proximity to the intersection of Lake Elmo Ave and
39th St N. The applicant also suggested a shared access with the parcel to the south, which the
County also rejected. Without another access point, a variance is being requested.
REVIEW COMMENTS
City Engineer (Summary of Memo dated July 29, 2022)
1. Building setback should be increased to meet current city requirements.
2. A pedestrian trail should be required along Lake Elmo Ave as part of the site
improvements.
3. Future intersection improvements to Lake Elmo Ave and 39th St N that will require
realignment of the eastbound lane with the west leg of 39th St. This improvement will
require the expansion of 39th St into the frontage of Kokoro Volleyball, which will shift
the current bituminous trail further south.
4. 10 foot drainage easement should be incorporated along the west side of the property.
5. The proposed access location is acceptable and serves to minimize turning conflicts.
6. The proposal is subject to a storm water management plan (SWMP) meeting State,
Valley Branch Watershed District (VBWD) and City Rules
7. A permit will be required from Minnesota Pollution Control Agency and VBWD.
8. The current site plan does not meet stormwater management requirements. Post
construction drainage volumes must be equal or less than preexisting discharge rates.
9. Municipal water and sanitary sewer is available to the site.
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10. Additional boring required at greater depths to investigate basin opportunities through
over excavation.
Fire Department (Summary of Memos dated 7/26/22)
The Minnesota State Fire Code does not require two separate and approved fire apparatus access
roads as it does not have a gross building area of more than 62,000 square feet. The building is
placed in a way that provides the fire department adequate access if necessary.
Washington County Public Works (Summary of letter dated July 29, 2022)
In the interest of safe and efficient operation of county highways, Washington County does not
support or permit direct access onto CSAH 17.
Any development decisions being made at this time should consider the south adjacent parcel at
3825 Lake Elmo Ave, known as Brookfield 1 building. This section of roadway could see a
scenario with a raised median in the future to improve traffic safety, calm speeds, and provide
pedestrian refuge for crossing points. Brookfield would not be eligible for a left turn lane due to
short spacing from 39th Street. Washington County would like to see the existing driveway
access disconnected from Lake Elmo Ave with an alternative access. An alternative would be to
have a shared access where the proposed volleyball driveway access is located heading south to
3825 Lake Elmo Ave. There are concerns of the proposed stormwater ponding located in this
area.
RECCOMMENDED CONDITIONAL USE PERMIT FINDINGS
Conditional use means a land use or development as defined by ordinance that would not be
appropriate generally but may be allowed with appropriate restrictions as provided by official
controls only upon a finding that all of the following provisions are met. Staff recommends the
following 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 proposed use should not be
detrimental or in any way endanger the public health, safety, comfort, convenience, or general
welfare of the neighborhood or the city if plans are meeting all stormwater management
requirements for State, Valley Branch Watershed District, and City requirements.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
proposal conforms to the Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood. The proposed use is
permitted in the Village Mixed Use District as a Conditional Use. The properties to the south
and west are non-residential uses (City Hall and Day Care Center). The residential
development to the west is separated by Lake Elmo Ave and the senior living center to north
gathers a congregation of people similar to that of the indoor recreation facility.
4. The proposed use meets all specific development standards for such use listed in the Zoning
Code. The proposed use requires a minimum of two accesses as per 105.12.550. This criteria
would be satisfied with the proposed variance approval.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
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all the specific standards for such use listed in Article XIX (Shoreland Management) and Title
100 (Flood Plain Management). The proposed use is not in a flood plain management or
shoreland area.
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 use will be compatible in
appearance with the existing 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 proposed use indoor athletic facility should not
create 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 proposed use will be served adequately by essential public facilities and services.
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 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.
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
proposed use will not produce noise, smoke, fumes, glare or odors. Traffic amounts will
increase in the area, but these increases will occur during typical low traffic volume time
periods. All activities are to occur indoors.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. Traffic amounts will increase in the
area, but these increases will occur during typical low traffic volume time periods.
12. The proposed use will not result in the destruction, loss, or damage of a natural or scenic
feature of major importance. The proposed use should not impact natural or scenic features.
RECCOMENDED VARIANCE FINDINGS
An applicant must establish and demonstrate compliance with the variance criteria set forth in
Lake Elmo City Code Section 105.12.320 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
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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.
The applicant is unable to obtain a second access point as required by City Code for an
indoor athletic facility. Access along Lake Elmo Ave N would require Washington County
approval. Washington County will not support an access along Lake Elmo Ave N due to
the existing turn lane and proximity to the intersection of 39th Street North and Lake Elmo
Ave N. The applicant explored other alternatives that were denied, such as a shared access
with the existing Day Care Center access to the south. The County would like to remove
the day care access in the future with an alternative access. Washington County has
recommended to not move the proposed Kokoro Volleyball access any closer to Lake Elmo
Ave.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
The unique circumstances were not created by the applicant or property owner. The
existing turn lane and intersection were not created by the applicant or property owner.
Nor is the proposed site design prohibiting a second access opportunity.
3) Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
The request will not alter the essential character. The proposed single access is to align
directly across from the existing Senior Living Facility. The directly adjacent parcels are
also of a nonresidential use. Adjacent parcels to the south and east also have one access.
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.
The proposed request should not impair adjacent property values. Traffic numbers will
increase, but these increases will occur during typical low traffic volume times. Hours of
operation are proposed between as 3:30 pm- 9:30 pm Monday-Friday and 8am -4pm
Saturday and Sunday.
FISCAL IMPACT:
None
RECOMMENDED CONDITIONS OF APPROVAL
1. 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, City of Lake Elmo grading permit, Minnesota Pollution
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Control Agency stormwater permit, Valley Branch Watershed District permit, approval
of revised plans from the City Engineer, and a building permit.
2. The applicant shall provide a stormwater management plan meeting all city stormwater
requirements prior to construction.
3. No construction may begin until all items and changes outlined by the City Engineer in
the memorandum dated July 27, 2022 are addressed.
4. No construction may begin until all items and changes outlined by the Fire Department’s
memorandum dated July 26, 2022 are addressed.
5. Plans must be revised to comply with the landscape requirements of City Code Article
VIII Environmental Standards.
6. The applicant shall provide the City with proof approval of a Minnesota Pollution
Control Agency stormwater permit and a Valley Branch Watershed District stormwater
permit prior to any construction.
7. The applicant must meet all requirements of the Lake Elmo Building Official.
PUBLIC COMMENT:
OPTIONS:
The Planning Commission may:
Recommend approval of the requests.
Recommend approval of the requests with conditions.
Recommend denial of the requests, citing findings of fact for denial.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the requests from Kokoro
Volleyball to construct an indoor athletic facility and allow one access onto a public street where a
minimum of two are required.
“Move to recommend approval of the request from Kokoro Volleyball, approving a conditional use
permit to construct an indoor athletic facility at property described as Brookman 3rd Addition, Lot
1, Block 1.”
Move to recommend approval of the request from Kokoro Volleyball, approving a variance to
allow one access to a public street where a minimum of two are required.”
ATTACHMENTS:
1) Land Use Applications
2) Written Statements
3) Location Map
4) Plan Sets
5) Building Plans
6) City Engineer Memo Dated July 29, 2022
7) Fire Department Memos Dated July 26, 2022
8) Washington County Public Works Letter Dated July 29, 2022
9) Washington County Email Correspondence
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Easement Lines
COMPUTED UTILITY_DRAINAGE
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Conditional Use Permit – Kokoro Volleyball, LLC
Written Statements:
a) Current owners of the property are Lake Elmo Business Park Company:
Lake Elmo Business Park Company, a Minnesota general partnership – contact Mick
Lynskey, 651-439-1412, mick@lynskeyclark.com
Purchasing entity – Kokoro Volleyball, LLC a Minnesota limited liability company –
contact Raymond Luczak and Jennifer Brathol, 612-750-2876, rt@kokorovolleyball.com
Engineer – Stevens Engineers, 642 Brakke Drive, Suite 202, Hudson, WI 54016, 715-386-
7488, jraverty@stevenengineers.com
b) Address: XXX 39th Street N., Lake Elmo, MN 55042
Current Zoning: Existing use is raw land and current zoning is Village Mixed-Use District
(VMX)
Parcel size: 2.7 acres/117,612 square feet
PID# 13-029-21-22-0011
Legal description of property: Lot 1, Block 1, Brookman 3rd Addition, Washington
County, MN
c) The property has been vacant land for our known history. It is unknown if other
applications have been filed with the City of Lake Elmo.
d) A specific written description of the proposed use(s)
i. The proposed use of the land would be for a volleyball training facility with parking lot.
The property is currently vacant, and the building will be constructed based of
preliminary designs shown in application. The landscaping and building will meet all city
ordinances. The facility will have approximately 52 part time employees varying in
schedules, and 4 full time employees with anticipated growth in the next few years.
ii. The facility is open year-round with some busier “seasons” listed below.
Girls Regular Season Twin Cities – November through June
Girls Regular Season Eau Claire – Starting 2022 – November through June
Boys Regular Season Twin Cities – Starting 2022 – September through March
Summer Camp Twin Cities – July through August
Summer Camp Eau Claire – Starting 2022 – July through August
Summer Team Program Twin Cities – July
Fall Team Program Twin Cities – August - October
In preparation for our continued grown, we began expanding the roles of our staff and
training additional staff members to fill current and future needs. Current traffic count is
around 150,000 visitors per year or averaging about 150-200 cars per day. General
hours of operation are 3:30pm-9:30pm Mon-Fri and 8am-4pm Saturday and Sunday. We
generally see, at most, 75 cars per two-hour time block.
e. Provide justification that the proposed use meets the following findings:
i. Kokoro will not be a danger to the public health, safety, or comfort but instead an
asset for our youth. The services we currently offer to our athletes and families
exceeds expectations. All athletes in our program have access to volleyball training
services, physical strength services, physical therapy services, mental strength
services, academic tutoring services, and mindfulness/meditation services. All those
services are included in our regular season participation fees. Additionally, we house
a chiropractic service in our facility for those that desire to add that service to their
experience.
ii. The comprehensive plan shows this site as Village- Mixed Use (V-MU). We believe
the Kokoro Volleyball facility fits this zoning well and will be a benefit to the
commercial and residential neighborhoods in this vicinity. The facility will be a big
draw from local Lake Elmo families, many of whom already have children in Kokoro
programs. Lake Elmo businesses will also benefit from users outside the area who
will help support the local economy.
iii. The proposed site is in what’s listed as the Lake Elmo Business Park. The location is
surrounded by Time For Me Early Learning Center and the Lake Elmo City Hall. One
block to the south is the Lake Elmo Elementary School and within a quarter mile is
Lions Park. The Kokoro Volleyball facility will be built to conforming Lake Elmo
standards and will be a beautiful addition to this neighborhood. We believe it is in
the best available location and will be very compatible with the existing uses
surrounding the site.
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MEMORANDUM
Date: July 29, 2022
To: Ben Hetzel, City Planner Re: Korkoro Volleyball Facility CUP
Cc: Molly Just, Planning Director PID 1302921220011
Dutin Kalis, Fire Chief
Chad Isakson, PE, Assistant City Engineer
From: Jack Griffin, PE, City Engineer
Engineering has reviewed the Korkoro Volleyball Facility CUP Site Plans received on July 15, 2022. The review
consisted of the following documentation:
Site Plans dated June 24, 2022.
Boring Logs (no Geotechnical Evaluation) dated May 2, 2022.
1. Lake Elmo Avenue Right‐of‐way dedication. The Washington County Comprehensive Plan requires the
preservation of right‐of‐way along Lake Elmo Avenue measuring 75 feet from the current centerline. The
site plan correctly shows the building setback being measured from this future required right‐of‐way,
however the setback should be increased to meet current city requirements.
2. Pedestrian Trail. The construction of a bituminous trail along Lake Elmo Avenue should be required as part
of the site improvements to continue the trail development and connectivity created from similar recent
developments, and consistent with a walkable Downtown. The trail should connect from 39th Street
North to the south end of the property.
3. Future Intersection Improvements to Lake Elmo Avenue and 39th Street. As addressed in Washington
County’s plan review dated July 29, 2022, the County anticipates signalized intersection improvements at
Lake Elmo Avenue and 39th Street that will require the alignment of the eastbound through lane with the
west leg of 39th Street. This improvement will require the expansion of 39th Street along the frontage of
the proposed Korkoro site, including the need for additional right‐of‐way and moving the existing
bituminous trail further to the south (see attached exhibit).
4. Drainage and Utility Easements. A 10‐ft drainage and utility easement should be dedicated as part of the
site development, along the west side of the property, immediately adjacent to the future right‐of‐way of
Lake Elmo Avenue. The existing 10‐ft drainage and utility easement will be incorporated into the County
right‐of‐way.
5. Site Access. The commercial driveway access is proposed to align directly across from Senior Living
Facility. This access location is acceptable and serves to minimize turning conflicts along 39th Street.
6. Secondary Access. No secondary access is proposed. Secondary access to Lake Elmo Avenue is prohibited.
A joint access should be encouraged between the proposed site and the adjacent property to the south at
3825 Lake Elmo Avenue. Future improvements along Lake Elmo Avenue will result in the elimination of a
full access to 3825 Lake Elmo Avenue. Therefore, access considerations should be planned for 3825 Lake
Elmo Avenue to avoid creating a landlocked parcel.
7. The proposed site plan is subject to a storm water management plan (SWMP) meeting State, Valley
Branch Watershed District (VBWD) and City rules. In addition to meeting City storm water regulations, a
permit will be required from the Minnesota Pollution Control Agency and VBWD.
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. 651.300.4285
PAGE 2 of 2
8. The site plan as proposed will not meet stormwater management requirements. Rate and volume control
is required to be maintained onsite. Post construction discharge rates and volumes must be equal or less
than pre‐existing discharge rates at all discharge locations and cumulative for the site. The existing
downstream drainage basins for the 39th Street storm sewer system do not have available treatment or
storage capacity to accommodate new development. Several downstream properties already experience
flood conditions.
9. With any site redesign, the storm water facilities constructed for this development should remain
privately owned and maintained. The applicant will be required to execute and record a Stormwater
Maintenance and Easement Agreement in the City’s standard form of agreement. Even as privately
owned and maintained facilities, maintenance access roads meeting the City engineering design standards
dated January 2022 must be provided for all storm water facilities.
10. Soil borings provided are not adequate for infiltration basin analysis. Additional borings must be taken
and at much greater depths to investigate infiltration basin opportunities through over excavation.
11. Municipal water supply is available to the site. Connections to existing public watermain at 39th Street
will be required, including all connection and permit fees. The developer may be responsible to place
hydrants and water system valves internal to the site as determined by the Lake Elmo Public Works
Director and Fire Department. All fire hydrants shall be owned and maintained by the City. The developer
would be responsible to extend municipal water into the development at the developer’s sole cost.
12. All internal site hydrants, and watermains feeding any hydrant (if needed), will remain City owned and
operated. Minimum 30‐foot easements centered over the pipe/hydrant would be required without
encroachments from retaining walls, trees, other small/dry utilities, or storm water management BMPs.
Easements must be dedicated to the City in the City’s standard easement agreement form, and shown on
the final site plans.
13. Sanitary sewer service is available to the site with an existing 6‐inch sanitary sewer stub located along
39th Street North. The developer will be responsible to extend sewer service into the development at the
developer’s sole cost and pay all connection and permit fees.
14. Existing conditions plan is incomplete. Existing conditions is required for a minimum distance of 150 feet
from the proposed parcel and from any off‐site improvements. All street and right‐of‐way widths must be
labeled and dimensioned, and all utilities must be identified as type, material, size and inverts (if
applicable). All future applications related to this project should be deemed incomplete until this
information is fully provided.
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“Proudly Serving Neighbors & Friends”
Lake Elmo Fire Department
Memorandum
To: Ben Hetzel, City Planner
From: Dustin Kalis, Fire Chief
Date: 7/26/22
Re: Conditional Use Permit: Kokoro Volleyball
_______________________________________________________________________________________
The Lake Elmo Fire Department has completed a Conditional Use Permit review for Kokoro Volleyball (PID
13.029.21.22.0011) based on submittals dated 6/23/22 with the following comments:
1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and
turning radiuses.
2) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access
roads.
3) Fire hydrants shall be provided in approved locations following review by Engineering and Public
Works.
4) Building address numbers shall be plainly visible from the street fronting the property and shall
contrasting color from the background. Size and placement of address numbers shall be approved by
the fire and planning departments.
5) A Fire Department lock box is required for emergency access to building at an approved location.
Provide keys for emergency access into and throughout the occupancy as required.
6) The fire sprinkler system shall be installed compliant with provisions of 2016 NFPA Standard 13,
Installation of Sprinkler Systems. City permit required prior to initiation of work.
7) Fire Department sprinkler connection locations to be approved prior to installation.
8) The fire alarm system shall be installed compliant with provisions of 2016 NFPA Standard 72, National
Fire Alarm Code. City permit required prior to initiation of work.
9) The sprinkler system shall be properly monitored by a qualified monitoring company.
10) Install emergency egress illumination in the means of egress including exit discharge compliant with
2020 MSFC.
11) Install compliant exit signage as required by the 2020 MSFC.
12) Provide and install dry chemical fire extinguishers certified for service and tagged as required. Service
classification rating shall be a minimum 2A classification rating and maximum travel distance of 75 feet
to extinguishers. The minimum classification rating may be upgraded for special or extra hazard areas
within the occupancy.
“Proudly Serving Neighbors & Friends”
Lake Elmo Fire Department
Memorandum
To: Ben Hetzel, City Planner
From: Dustin Kalis, Fire Chief
Date: 7/26/22
Re: Variance Request: Kokoro Volleyball
_______________________________________________________________________________________
The Lake Elmo Fire Department has completed a Variance Request review for Kokoro Volleyball (PID
13.029.21.22.0011) based on submittals dated 6/23/22 with the following comments:
1) The 2020 Minnesota State Fire Code does not require two separate and approved fire apparatus access
roads for this building as it does not have a gross building area of more than 62,000 square feet.
2) As shown in current plans, the building is placed in a way that does provide the fire department
adequate access if necessary. In addition to the main entrance and parking area off 39th Avenue,
additional access to the building can be made from Lake Elmo Avenue and the parking lot of the
neighboring building to the south.
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
Lake Elmo Fire Department Fire Code Policy
“Proudly Serving Neighbors & Friends”
13) Rooms containing controls for air-conditioning systems, roof access, elevator equipment, sprinkler
risers and valves, or other fire detection, suppression or control elements shall be identified for the use
of the fire department. Approved signs required to identify fire protection equipment and equipment
location, shall be constructed of durable materials, permanently installed and readily visible.
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
Lake Elmo Fire Department Fire Code Policy
NFPA 72, 2016 edition
NFPA 13, 2016 edition
PUBLIC WORKS
Wayne Sandberg, P.E., Director, County Engineer
Frank D. Ticknor, P.E., Deputy Director
July 29, 2022
Molly Just
Planning Director
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
Dear Molly:
Washington County Public Works appreciates this opportunity to comment on the proposed variance regarding
access to a proposed development (“Kokoro Volleyball”) in the southeast quadrant of County State Aid Highway (CSAH) 17 (Lake Elmo Avenue) at its intersection with 39th Street North in the City of Lake Elmo. Although Washington County does not oppose the proposed variance, this letter will detail several concerns related to access
for adjacent parcels and right-of-way for future transportation improvements.
In the interest of safe and efficient operation of county highways, Washington County manages access to county highways via a permit process, enforced via Washington County Ordinance Number 188 and as detailed by access management guidelines contained in the Washington County 2040 Comprehensive Plan (Page 5-45). Per these guidelines and as indicated in an email to the city dated June 10th, 2022, Washington County Public Works would not support or permit a direct access for this parcel to CSAH 17.
Any development decisions being made at this time should carefully consider the adjacent parcel at 3825 Lake Elmo Avenue, also known as the “Brookfield 1” building, which contains the Time for Me Learning Center. Washington County does not yet have improvements to CSAH 17 scheduled in our current five-year Capital
Improvement Plan, but we are aware of numerous needs on this section of roadway, especially as it relates to pedestrian connections to the new residential developments and Lake Elmo Elementary School. In addition to new trail connections, one likely scenario is that CSAH 17 would have a raised median in the future, to improve traffic
safety, calm speeds, and provide pedestrian refuge at key crossing points.
Due to the short spacing from 39th Street, the Brookfield 1 building would not be eligible for left turn lane or median opening, since a southbound left turn lane would overlap with the necessary northbound left turn lane to 39th Street. Therefore, access to and from the Brookfield 1 building would occur via right turns only. A safer and more orderly option for county road drivers, trail users, and users of the Brookfield 1 building would be for the existing driveway access to be disconnected from CSAH 17 entirely. Therefore, it is important to consider now how the Brookfield 1 building might obtain alternate access, either to the north or to the east (or both), thus providing a route to the county highways via properly designed (and potentially controlled) intersections.
We encourage the city to work with the property owners to consider an arrangement that would allow for the Brookfield 1 building to have access to 39th Street via a cross-access easement or a planned public street. An alternative would be to restore eastward access to Laverne Avenue, past the Lake Elmo City Hall and fire station.
A great place to live, work and play…today and tomorrow
North Shop | 11660 Myeron Road North | Stillwater, MN 55082-9537 P: 651-430-4300 | F: 651-430-4350 | TTY: 651-430-6246 www.co.washington.mn.us
Washington County is an equal opportunity organization and employer
DocuSign Envelope ID: F62C9C50-5448-4964-87DA-4DB07BD6C3F9
We are concerned that both of these potential routes are planned to be obstructed by stormwater infiltration areas on the Kokoro Volleyball site and on the City Hall/fire station site, as shown on the attached summary diagram.
Future improvements to CSAH 17 in this area, although not yet designed or scheduled, could plausibly include a southward extension of the separated trail along the west side of the roadway, a controlled intersection (traffic signal or roundabout) at 39th Street, and/or the raised concrete median mentioned earlier in this letter. Right-of-way for these improvements is currently constrained in this area, with 50 feet of right-of-way from the CSAH 17 centerline. We see and appreciate that the site plan for the volleyball site indicates planned dedication of an additional 25 feet of right-of-way as per the Washington County 2040 Comprehensive Plan.
Approximately 40 feet of city-owned right-of-way appears to currently exist from the 39th Street centerline. Some expansion of 39th Street would be required in the event of a future traffic signal at this location, including a dedicated right turn lane for westbound-to-northbound turns and potentially a realignment of the eastbound receiving lane, which is not currently aligned with the eastbound approach lane and therefore may be unsuitable for
eastbound through movements on a green traffic signal indication.
Thank you for the opportunity to comment on this proposed variance and the associated transportation challenges
affecting this site and surrounding parcels. Please feel free to contact our office with any questions; by phone at 651-430-4351 or via email at joe.gustafson@co.washington.mn.us.
Sincerely,
Joe Gustafson, PE, PTOE Traffic Engineer
Attachment:
CC: Wayne Sandberg, Director/County Engineer
Frank Ticknor, Deputy Director Lyssa Leitner, Planning DirectorJack Griffin, City of Lake Elmo Engineer
DocuSign Envelope ID: F62C9C50-5448-4964-87DA-4DB07BD6C3F9
Future leŌ turn prohibiƟon or access closure PotenƟal future signal or roundabout Proposed Volleyball Facility Fire StaƟon “Brookfield 1” Old City Hall New City Hall SepƟc LE Elementary PotenƟal alternate access routes for 3825 parcel Access and Drainage Issues—Kokoro Volleyball Site DocuSign Envelope ID: F62C9C50-5448-4964-87DA-4DB07BD6C3F9
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PUBLIC HEARING ITEM __
STAFF REPORT PLANNING COMMISSION
DATE: 8/8/22 ITEM #: 4B– PUBLIC HEARING ITEM TO: Planning Commission
FROM: Molly Just, Planning Director
AGENDA ITEM: Schiltgen Farmstead Zoning Map Amendment, Preliminary Plat/Planned Unit Development
BACKGROUND: GWSA Land Development is requesting Preliminary Plat and Planned Unit Development (PUD) approval for a 293-unit single family residential development on 123.42 acres of the area known as Schiltgen Farm. The development requires a zoning map amendment from the Rural
Transitional district. The development is proposed as a PUD because the developer is requesting
flexibility from the zoning regulations of the Shoreland Ordinance, the V-LDR zoning regulations and the City’s Engineering Design Standards Manual dated January 2022.
ISSUE BEFORE THE COMMISSION: The Planning Commission should review, hold a public hearing, provide feedback to the developer,
and make a recommendation to the City Council for the Zoning Map Amendment, Preliminary Plat, and Preliminary Planned Unit Development (PUD) for Schiltgen Farmstead.
GENERAL INFORMATION:
Applicant: GWSA Land Development , 10850 Old County Road 15, Suite 200, Plymouth, MN 55441
Property Owner: Schiltgen Farms Inc. 10880 Stillwater Boulevard
Location: Four parcels on the west side of Lake Elmo Avenue with 99 acres on the north
side of Stillwater Boulevard and 24 acres on the south side of Stillwater Boulevard.
PID#s: 1402921140001, 1402921410003, 1402921410001 and 1402921410002
Request: Zoning Map Amendment and Preliminary Plat/Planned Unit Development (PUD)
Site Area: 123.42 acres
Land Use Map: Village Low Density Residential
Planning Commission Meeting August 8, 2022 Page 2
PUBLIC HEARING ITEM 4B
Current Zoning: RT – Rural Development Transitional District and Shoreland Overlay
Proposed Zoning: V-LDR/PUD and Shoreland Overlay
Surrounding: V-LDR (north)/ PF, VMX and RS (east)/ RS (south)/ OP, RR and RT (west).
History: The parcels are part of the Schiltgen Farm property and are currently zoned RT. The City reviewed the PUD Concept Plan on August 10, 2021.
Deadline: Application Complete – 7/7/22
60 Day Deadline – 9/5/22 Extension Letter – 8/3/22 120 Day Deadline – 11/4/22
Applicable Code: Article 13 – Village Districts
Article 18 – Planned Unit Development Regulations Article 19 – Shoreland Management Overlay District Title 103 – Subdivision Regulations §15.12.280 Zoning Amendments
PROPOSAL DETAILS/ANALYSIS:
The proposed development will be located between the Union Pacific Railroad and the Legacy at Northstar subdivision on the west side of Lake Elmo Avenue. The development is proposed as a PUD because the developer is requesting flexibility from the zoning regulations of the Shoreland
Ordinance, the V-LDR zoning regulations and the City’s Engineering Design Standards Manual.
Planning Commission Meeting August 8, 2022 Page 3
PUBLIC HEARING ITEM 4B
Environmental Review. The entire Village Area was subject to an Alternative Urban Areawide Review (AUAR) when the area was brought into the Municipal Urban Service Area (MUSA). The AUAR was updated in early 2022 as required. No further environmental review is required.
Zoning Map Amendment. In order to develop the site, the developer will be required to rezone
the property to V-LDR/PUD, consistent with the City’s Comprehensive Plan guidance for the area. The comprehensive plan and the V-LDR zoning district allow for a density of 1.5-3 units per acre.
Site Data.
Total Site Area 123.42 acres Outlots 53.44 acres (13.5 ac wetland, ponds) Right-of-Way (R/W) 23.74 acres
The calculation of net density is as follows. The Metropolitan Council determines net density through netting out wetlands and water bodies, dedication for designated arterial right-of-way, wetland buffers, public parks and qualifying preserved open space.
Development Area 123.42 acres
Wetlands 13.54 acres Open Space (none qualifying) - Net Density 2.66 du/acre
Planning Commission Meeting August 8, 2022 Page 4
PUBLIC HEARING ITEM 4B
PUD Minimum Requirements. The development is being proposed as a PUD because a portion of the proposed development is within a shoreland, and any deviance from the minimum lot size requirements of the shoreland district requires that an area be developed through the PUD
process. Additionally, the developer proposes deviation from the zoning standards for the lots
outside of the shoreland zone. The developer also proposes to deviate from certain standards in the City’s Engineering Design Standards Manual regulating public and private roads in Lake Elmo.
A PUD is a negotiated zoning district, and according to the Lake Elmo Zoning Code Article 18,
Planned Unit Development Regulations, zoning flexibility can be granted in order to better
SITE PLAN
Planning Commission Meeting August 8, 2022 Page 5
PUBLIC HEARING ITEM 4B
utilize site features and to obtain a higher quality of development. When evaluating a PUD proposal, a PUD must meet one or more objectives contained in Article 18 and meet the minimum requirements for a PUD.
• Identified Objectives. Staff has found that the following objectives may be met with the
proposed PUD: C. Provision of more adequate, usable, and suitably located open space and recreational amenities and other public facility than would otherwise be provided under conventional development techniques. Staff comment: With no riparian lots proposed and an area around Sunfish Lake remaining
undeveloped this objective is met. D. Accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing. Staff comment: With a variety of lot sizes there should be a variety of price points in this development which
while not affordable housing should provide new housing at a variety of price
points. If the plans are updated to depict pedestrian connectivity off-site and to the Old Village then convenient access to employment and commercial facilities will be provided. F. Preservation of historic buildings, structures or landscape features. Staff
comment: The plan depicts a “Conceptual Amenity Lot Plan” that
incorporates an existing barn. If the barn is preserved then this objective is met. G. Coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses. Staff
comment: The large development will offer a variety of coordinated
architectural styles.
• Minimum Requirements for PUD. Staff has found that the proposed development may meet the following minimum requirements of a PUD:
a. Lot Area: The site area exceeds the minimum lot area for of five acres for a
PUD development. Requirement met. b. Open Space: The PUD ordinance indicates that at least 20% of the development area not within rights-of-way is to be reserved as open space. While of significant environmental value most of the open space consists of steep slopes
down to Sunfish Lake and this area will only be open to residents. There is
little information provided about committed usable open space. c. Street Layout: In existing developed area, the PUD should maintain the existing street grid, where present, and restore the street grid where it has been disrupted. In newly developing areas, streets shall be designed to maximize connectivity in
each cardinal direction, except where environmental or physical constraints
make this infeasible. All streets shall terminate at other streets, at public land, or at a park or other community facility, except that local streets may terminate in stub streets when those will be connected to other streets in future phases of the development or adjacent developments. This requirement may be met if
sidewalks are continued as required and addressed in the engineering memo.
Planning Commission Meeting August 8, 2022 Page 6
PUBLIC HEARING ITEM 4B
Minnesota Department of Natural Resources (MNDNR) Comments. The application has been sent to the MNDNR.
Shoreland Tier Analysis. The western portion of the site is within the shoreland of Sunfish Lake. Because the development does not conform to the base dimensional standards of the shoreland district, a PUD is required and a shoreland tier analysis is required.
Shoreland Tier Analysis. A total of 61.83 acres of the development is within a shoreland, and the developer has proposed 32.32 acres of open space within this shoreland area. The developer indicates that there will be restrictive covenants placed on the open space within the shoreland
area. The MNDNR has to approve of the proposed tiering plan.
o
TIERING PLAN
Planning Commission Meeting August 8, 2022 Page 7
PUBLIC HEARING ITEM 4B
Proposed Deviations from Shoreland and V-LDR Standards
Shoreland Standard (NE)
V-LDR Standard
65 ft. SF 51 ft. SF 40 ft. SF 38 ft. SF
Minimum Lot Width 125 ft 70 ft. 65 ft. 51 ft. 40 ft. 38 ft.
Minimum Lot Area 20,000 sf non-
riparian lots 9,000 sf 7,898 6,250 2,960 3,477
Minimum Front Yard
Setback
25 ft.
25 ft.
25 ft.
20 ft. (25 ft. garage 20 ft. house)
15 ft. (non- garage)
Minimum Side Yard Setback
10 ft.
5ft for
accessory
structure or attached garage
7 ft. (15 ft. between structures)
7 ft. (15 ft. between structures)
5 ft. /5 ft.
4 ft. (patio) / 6 ft.
Minimum Corner Side Yard Setback 15 ft.
Minimum Rear Yard Setback
20 ft.
20 ft.
20 ft.
10 ft.
20 ft.
Minimum Setback from County Roads 50 ft. unknown unknown unknown unknown
Maximum Impervious Surface 30%
35%
50%
50%
55%
55%
Minimum Low Floor
Elevation Above the 100’ flood elevation 2 ft unknown unknown unknown unknown unknown
Planning Commission Meeting August 8, 2022 Page 8
PUBLIC HEARING ITEM 4B
Staff cannot provide a recommendation to the Planning Commission for these deviations as
requested. Updated plans need to include a layout for each lot type and depict all possible site features and City required components. Staff cannot support allowing lookout or walkout basements for those lots with reduced side yards given the impact on stormwater management and
erosion control.
The front yard setback in low and medium density residential districts in the City’s MUSA is 25. Anything less raises concerns about cars overhanging into the sidewalk and boulevard, not being able to fit landscaping and other requirements such as the City’s standard drainage and utility
easement. It is unclear if the reduced setbacks could accommodate City required easements.
Architecture. The proposed housing types are provided in the packet and include elevations and floor plans. Staff cannot support allowing lookout or walkout basements for those lots with
reduced side yards given the impact on stormwater management and erosion control.
Landscaping and Tree Preservation. The City’s Consultant Landscape Architect has reviewed the proposed Landscape Plans and cannot recommend approval of the proposed landscape plan.
Their memo dated August 1, 2022 is attached. The tree preservation plan is not sufficient and does
SITE PLAN EXAMPLE
Planning Commission Meeting August 8, 2022 Page 9
PUBLIC HEARING ITEM 4B
not account for likely impacts to preserved trees. The landscape plans do not depict the minimum required number or composition (types) of trees. The street plans and landscape plans depict conflicting information in areas where trees should be depicted.
Parks. §103.00.150 Park Land Dedication Requirements. The City Code outlines the type of land that is considered acceptable for park dedication.
• Park Dedication Requirement. The developer is required to provide the City with either
physical land, cash payment, or a combination of both. The dedication requirement is 10% of the land area which equals 12.34 acres. The developer proposes all open spaces and amenities be owned and maintained by the neighborhood HOA with no land conveyed in fee or easement to the City. Therefore the requirement would have to be met as a payment in leu of land.
• Trails. Trails constructed by a subdivider within dedicated public open space having at least 30 feet of width are eligible for park credit. The amount of trail dedication credit shall not exceed 25% of the total dedication.
• Parks Commission Review of Concept PUD Plan. The Parks Commission reviewed the plan
on July 18, 2022. Not knowing that the open space would only be privately accessible the Parks Commission recommended acceptance of the open space proposed on the plans. Comprehensive Plan. Chapter 6 Parks, Trails & Open Space has area and site specific recommendations that should influence the recommendation of the Parks Commission. Relevant plan maps are attached for reference.
• The Comprehensive Plan identifies a City Trail Search Corridor on the north portion of the development.
• The Comprehensive Plan depicts a future road separated trail along Lake Elmo Ave N and along Stillwater Blvd.
• The plan identifies a neighborhood park search area and community park with sports complex search area over the proposed development area.
• A trail connection is recommended at the proposed street connection to Upper 33rd St N.
• A trail connection is recommended at the proposed street connection to 33rd St N.
Neighborhood Park Search Area
Planning Commission Meeting August 8, 2022 Page 10
PUBLIC HEARING ITEM 4B
Subdivision Signs. Section 154.212 allows a maximum of 2 subdivisions signs per residential development with a maximum sign area of 24 sq. ft. per sign. No additional signs have been proposed.
Streets and Access. The developer is proposing a modified street grid and is proposing some
deviations from the City’s Engineering Design Standards Manual. Not enough information has been provided for staff to recommend consideration of approval of the deviations. Washington County Review. See comments in the engineering memo. Planning Staff is seeking
a formal letter of review from Washington County.
Fire Chief Comments. See attached memo dated July 26, 222 Street Names. The proposed street names generally adhere to the City’s Street Naming Policy.
Stormwater Management. The City Engineer’s memorandum addresses general stormwater management considerations that will be required as part of this development. Municipal Sewer and Water. The City Engineer’s memorandum provides a review of municipal
sewer and water considerations.
RECOMMENDED FINDINGS:
Recommended Finding for Rezoning: Staff recommends tabling a vote on the rezoning so that a motion can be made on the three land use applications at one time.
Recommended Findings for Preliminary Plat/Preliminary PUD. Before recommending
approval of the Preliminary Plat/Preliminary PUD the following findings must be met: 1. That the Preliminary PUD Plan would be consistent with the intent of the 2040 Lake Elmo Comprehensive Plan and the 2040 Land Use Map for this area.
2. That the preliminary PUD Plan complies with the general intent of the Village-Low
Density Residential zoning district with PUD modifications.
3. That the preliminary PUD Plan generally complies with the Lake Elmo Design Guidelines and Standards Manual.
4. That the preliminary plat generally complies with the City’s Subdivision regulations.
5. That the preliminary plat generally complies with the City’s design standards.
6. That the preliminary plat generally complies with the City’s Zoning Code (including
Shoreland Zoning).
7. That the preliminary PUD Plan must be revised to be more consistent with the City’s engineering standards to address other comments in the City Engineer’s memorandum dated August 3, 2022.
Planning Commission Meeting August 8, 2022 Page 11
PUBLIC HEARING ITEM 4B
8. That the preliminary PUD Plan must be revised to be consistent with the City’s landscape plan and tree replacement standards pursuant to the Landscape Architects memo dated August 1, 2022.
9. That the preliminary PUD Plan must be revised to be consistent with the City’s fire
department memo dated July 26, 2022.
10. That the preliminary PUD Plan meets the minimum requirements for a PUD. 11. That the preliminary PUD Plan meets one or more of the required PUD objectives identified in Section 154.751 including providing: Planned unit developments should not
be allowed simply for the purpose of increasing overall density or allowing development
that otherwise could not be approved. a. Innovation in land development techniques that may be more suitable for a given parcel than conventional approaches. b. Promotion of integrated land uses, allowing for a mixture of residential,
commercial, and public facilities.
c. Provision of more adequate, usable, and suitably located open space, recreational amenities, natural resource protection and other public facilities than would otherwise be provided under conventional land development techniques. d. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing. e. Preservation and enhancement of important environmental features through careful and sensitive placement of buildings and facilities. f. Preservation of historic buildings, structures or landscape features.
g. Coordination of architectural styles and building forms to achieve greater
compatibility within the development and surrounding land uses. h. Creation of more efficient provision of public utilities and services, lessened demand on transportation, and the promotion of energy resource conservation. i. Allowing the development to operate in concert with a redevelopment plan in
certain areas of the City and to ensure the redevelopment goals and objectives will
be achieved. j. Higher standards of site and building design than would otherwise be provided under conventional land development technique.
FISCAL IMPACT: Approval of a Zoning Map Amendment, Preliminary Plat and Preliminary PUD grant entitlements to a developer. The plat and plans depicted should not be approved as-is as there are many unknown costs to successful development of the house lots that should not be borne by the public.
Planning Commission Meeting August 8, 2022 Page 12
PUBLIC HEARING ITEM 4B
ATTACHMENTS: 1. Application Narrative 2. Preliminary Plat and PUD Plans
3. Unit elevations and floor plans
4. Valley Branch Watershed Memo 5. Fire Chief Memo 6. City Engineer Memo 7. Landscape Architect Memo
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
Memorandum
To: Molly Just, Lake Elmo Planning Director From: John Hanson, Valley Branch Watershed District Engineer Subject: Schiltgen Farms Date: July 26, 2022 Project: 23820016.26 2022 001
Introduction
As requested, this memorandum provides preliminary comments on the proposed Schiltgen Farms development, which is west of the Lake Elmo Avenue and north of the Union Pacific railroad. The project will require a Valley Branch Watershed District (VBWD) permit. Once a VBWD permit application is submitted, a thorough review will be done to determine whether the project conforms to VBWD rules and regulations.
Background
While the site is directly adjacent to Sunfish Lake, most of the site ultimately drains to Downs Lake. Downs Lake and Sunfish Lake have recently experienced high-water issues. The proposal should be designed so it will not exacerbate flooding.
Issues
Stormwater Management VBWD requires no increases in stormwater runoff rates from existing conditions for the 2-, 10-, and 100-year 24- hour runoff events and the 10-day 100-year snowmelt at each discharge location. Table 5.6 of the Stormwater Management Plan shows peak stormwater runoff increases for the 2- and 10-year 24-hour rainfall events at the northeast discharge point of the site. Additional stormwater management will be needed to comply with VBWD rules.
The project relies on capturing stormwater and using it for irrigation to satisfy VBWD’s stormwater runoff volume control requirements. Section 5.4 of the Stormwater Management Plan incorrectly states the VBWD stormwater runoff volume control rule. New, non-linear developments must be designed to retain on site for 1.1 inches of runoff from impervious. In other words, the volume retained shall be 1.1 inches times the impervious surface without any abstractions/losses. The report includes so-called required retention values for parts of the site that are less than 1.1 inches times the proposed impervious surface area. However, Table 5.15 appears to indicate that an excess of the correct required volume control will be provided. A more detailed review of the supporting calculations and documents will be done through the VBWD permitting process to determine the accuracy of the values reported in Table 5.15. VBWD will require that the areas used for irrigation to satisfy VBWD’s rule be preserved by dedication and/or perpetual easement to the VBWD. Areas that will not be irrigated cannot be included in the calculations. Irrigation is also prohibited on hard surfaces (e.g., sidewalks, parking lots, driveways) and slopes steeper than 4 feet horizontal to 1 foot vertical (4H:1V).
To: Molly Just From: John Hanson, Valley Branch Watershed District Engineer Subject: Schiltgen Farms Date: July 26, 2022 Page: 2
P:\Mpls\23 MN\82\2382020\_MovedFromMpls_P\2022\SchiltgenFarms.docx
Compacted soils can act as paved surfaces. A soil management and restoration plan, including but not limited to the specifications for the amount of compost and/or topsoil to be imported, plans showing areas where each soil treatment/decompaction option will be applied, and plans of any stockpiling or staging areas should be included with the VBWD permit submittal.
A plan for post-project management of chloride use should be included in the VBWD permit submittal if the City will not be maintaining the roads. At a minimum, the plan should include:
A. Designation of an individual authorized to implement the chloride-use plan
B. Designation of an MPCA-certified salt applicator to implement the chloride-use plan for the site
An exhibit showing how snow will be managed on the site should also be submitted with the VBWD permit application.
Wetland Management and Buffers Two wetlands are on the site: Sunfish Lake and a 0.05-acre wetland in the northwest corner. The VBWD, as the local government unit responsible for administering the Minnesota Wetland Conservation Act, approved the wetland delineations on January 12, 2022. It appears that the project design will provide the VBWD-required minimum and average vegetative buffers.
Floodplain Management To protect from flooding, the minimum elevations of all buildings must be at least 2 feet higher than 100-year flood level of the nearby low area, stormwater management facility, etc. This includes parking structures. Conforming to this standard can be a challenge in high-density developments with minimal slope. The freeboard summary tables in the Stormwater Management Plan seem to indicate conformance to the VBWD requirement. A more detailed review of the plans and calculations will be done through the VBWD permitting process.
“Proudly Serving Neighbors & Friends”
Lake Elmo Fire Department
Memorandum
To: Molly Just, Planning Director
From: Dustin Kalis, Fire Chief
Date: 7/26/2022
Re: Preliminary Plat/PUD Plan Review – GWSA Land Development, LLC (Schiltgen Farmstead)
_______________________________________________________________________________________
The Lake Elmo Fire Department has completed a Preliminary Plat/PUD Application review of GWSA Land
Development, LLC (Schiltgen Farmstead) based on submittals dated 6/25/22 with the following comments:
1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and
turning radiuses. Provide layout showing Lake Elmo Fire Apparatus turning radius overlay on roads and
drive lanes specifically for the townhouses and row houses in the development area south of Stillwater
Boulevard.
2) Approved fire apparatus roads shall be provided and maintained throughout all development phases in
coordination with engineering, public works, planning, and fire departments.
3) Due to the change in occupancy of the barn structure, a fire sprinkler system shall be installed
compliant with provisions of Minnesota State Building Code Chapter 1306.0020 Municipal Option
Subpart 3 and 2016 NFPA Standard 13, Installation of Sprinkler Systems. City permit required prior to
initiation of work.
4) Automatic residential fire sprinkler systems may need to be installed in the townhouses and row
houses in the development area south of Stillwater Boulevard based on distances between structures.
Automatic residential fire sprinkler systems shall be designed and installed in accordance with IRC
section P2904 or NFPA 13D.
5) On-street parking shall be provided in approved locations following review by Engineering and Public
Works.
6) Parking shall be prohibited on both sides of the private drive lanes.
7) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access
roads.
8) Fire hydrants shall be provided in approved locations following review by Engineering and Public
Works.
9) 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
2020 Minnesota State Building Code, Ch. 1306
Lake Elmo Fire Department Fire Code Policy
NFPA 13, 2016 edition
NFPA 13D, 2016 edition
PAGE 1 of 6
MEMORANDUM
Date: August 3, 2022
To: Molly Just, Planning Director Re: Schiltgen Farms West (Stillwater Blvd.)
Cc: Marty Powers, Public Works Director Preliminary PUD Plat/Plan Review
Dustin Kalis, Fire Chief
Chad Isakson, PE, Assistant City Engineer
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for the Schiltgen Farms West (Stillwater Bloulevard) Preliminary PUD
Plat/Plans received on July 15, 2022. The submittal consisted of the following documentation:
Schiltgen Farmstead PUD Preliminary Plat/Plans, dated June 9, 2022.
Schiltgen Farmstead PUD Narrative dated June 27, 2022.
Stormwater Management Plan dated June 3, 2022.
Geotechnical Report dated June 2, 2022.
STATUS/FINDINGS: The Preliminary Plat/Plans as submitted require sufficient revisions. It is recommended as a
condition of approval that the Preliminary Plat/Plans be revised and resubmitted for City review and approval
prior to the City accepting an application or plans for final plat. Engineering has prepared the following review
comments to be addressed. A point‐by‐point response letter must accompany the plan resubmittal.
In addition, it is recommended that it be a condition of Preliminary Plat/Plan approval that all public
improvements constructed to support the development must be designed and constructed in accordance with the
City Engineering Design Standards Manual dated January 2022. The Preliminary Plat/Plans must be revised
accordingly.
PRELIMINARY PLAT/PLAN
1. The preliminary plat must be revised to clearly show the existing and proposed right‐of‐way dedication
along Stillwater Boulevard (CSAH 14) and Lake Elmo Avenue (CSAH 17) for City and County review and
approval.
2. The preliminary plat must be revised to provide an exhibit clearly showing the property lines and full
extents of each proposed Outlot, together with proposed Outlot ownership and easements. Preliminary
Plat approval must be contingent upon plat revisions dedicating Outlots to City ownership as determined
by the City.
Outlot A is proposed as City owned. Pond #2NW should be removed from Outlot A and a new Outlot
created for the pond. Both Outlot A and the new Outlot should be dedicated to the City.
Outlot B is dedicated to a private owner (Chavez) for driveway access as required.
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 6
Outlot C is proposed as City owned and includes the trail connection to Legacy at North Star. A new
Outlot should be created, 30 feet in width, centered over the proposed trail centerline. The remaining
areas should remain HOA owned Outlots.
Outlots D, E, F, G are proposed as City owned for stormwater management. Outlot F must be revised
to incorporate the pond maintenance access road into the Outlot.
Outlot H is proposed as City owned for stormwater management and should include the additional
Regional Pond area (see Stormwater Management comments below).
Outlot I, J and K are proposed as HOA owned. They include stormwater management, city sanitary
sewer, city watermain, storm sewer, and private streets. A drainage and utility easement dedicated to
the City is shown over all of each Outlot.
Even though drainage and utility easements are dedicated over the HOA owned Outlots, the
preliminary plat, site plans, utility plans and grading plans must show a dedicated 10‐ft wide corridor
for small/dry utilities with no encroachments.
3. Preliminary Plat revisions are for required for Outlot I, J, and K to increase effective maintenance areas
(offsets from proposed lots/buildings) for public utilities and to provide dedicated small/dry utility
corridors.
4. The preliminary plat application requests flexibility to reduce front yard, rear yard and side yard setbacks
for the various lot sizes. It is recommended to maintain minimum front yard setbacks at 25 feet and from
rear yard at 20 feet to protect against encroachments and limiting the street and utility corridors, in
particular along private street corridors.
5. Minimum side yard setbacks should be maintained in accordance with City ordinances for all lots with
proposed pipe infrastructure or an emergency overflow pathway runs along the lot line.
6. If setback flexibility is approved as part of the preliminary plat, the minimum setbacks from right‐of‐way
to garage front must be 25 feet for all lots. Along private streets the minimum setbacks must be 25 feet
from garage fronts to the sidewalk, or 25 feet to the street back of curb if no sidewalk is present.
7. Written landowner permission must be submitted for any off‐site grading work required for the project
implementation.
TRANSPORTATION IMPROVEMENTS
1. Right‐of‐way dedication requirements shown on the preliminary plat should be reviewed and approved by
Washington County and the City of Lake Elmo prior to receipt of a final plat application. The preliminary
plat, as presented, remains unclear in regards to the existing and proposed right‐of‐way along Lake Elmo
Avenue. The preliminary plat must be revised to clearly show all the existing and proposed right‐of‐way to
be dedicated as part of the subdivision.
2. Right‐of‐way dedication consisting of a minimum 75 feet from centerline is required along the full length
of Lake Elmo Avenue (CSAH 17), with additional right‐of‐way required for turn lanes and the potential
realignment of Lake Elmo Avenue along this roadway corridor as it approaches the future roundabout.
3. Right‐of‐way dedication consisting of 180 feet is shown as required along the full length of Stillwater
Boulevard (CSAH 14) with additional right‐of‐way at the intersection to accommodate a future
roundabout, approximately 90 feet from the centerline of the roundabout outer drive lane.
4. Access Management north of Stillwater Boulevard. Access for development north of Stillwater Boulevard
(CSAH 14) is consistent with County and City requirements. Primary access to Lake Elmo Avenue (CSAH
17) appears to be located consistent with the requirements of Washington County and aligns with the
access for the Lake Elmo Elementary School. Secondary access is completed through two residential street
connections to Legacy at North Star.
5. Access Management south of Stillwater Boulevard. Access Management for development south of
Stillwater Boulevard (CSAH 14) includes the realignment of Klondike Avenue as required, to relocate the
intersection with Stillwater Boulevard (CSAH 14). The intersection relocation is necessary to allow for the
construction of dedicated right and left turn lanes along Stillwater Boulevard at Klondike Avenue. This
connection includes improvements to Klondike Avenue meeting City design standards together with
Stillwater Boulevard (CSAH 14) turn lanes and intersection improvements as required by Washington
County. Secondary access is provided through the connection to Upper 33rd Street North which includes a
PAGE 3 of 6
direct connection between the new development of the Old Village Downtown area. The connection to
Upper 33rd Street should be phased to occur after development build‐out to avoid construction traffic
into the Downtown area.
6. Intersection Improvements. The applicant will be responsible to construct all intersection and turn lane
improvements at all development access locations, meeting design standards approved by Washington
County. Turn lane improvements have been shown on the plans. Revisions may be required to meet
Washington County approval.
RESIDENTIAL STREETS
1. All public streets must be designed to meet the City’s Engineering Design Standards including right‐of‐way
width, street width and cul‐de‐sac radii(s). The preliminary plat/plans show the public street widths of 28‐
feet located within 60‐foot right‐of‐way. The city standards require a minimum 66‐foot right‐of‐way to
accommodate 32‐foot‐wide streets along with the required boulevard tree and sidewalk layout.
2. The preliminary plans must be revised to include a typical section to represent each public and private
street section for City review and comment. Since private streets do not include standard right‐of‐way
and easements, the typical sections must detail minimum separation distances from curb to garage front,
building setbacks, boulevard trees, hydrant placement, and utility placement within the typical section.
3. The entrance island typical section must be revised to provide a minimum 16 ft boulevard along each side
of street with minimum 4% boulevard grade draining to the street. A sidewalk must be added along the
south side of the street.
4. Private streets are proposed for a portion of the lots located south of Stillwater Boulevard (CSHA 14). The
plans show private street widths of 24‐feet and lack adequate overall corridor width to accommodate
public and private utilities. Preliminary plat approval should be conditioned on the City determining each
street as public or private prior to the City receiving an application for final plat, and the preliminary plans
being revised accordingly. City determination would be made at staff level following additional plan
details being submitted by the developer, including detailed typical street sections.
5. Private streets should be designed to accommodate parking, at minimum, along one side of the street,
unless the number of driveways prohibits parking.
6. All street intersections must be at 90 degrees and maintain 50 feet of tangent with maximum slopes of
2.5%. Residential maximum longitudinal grade is 6% with sidewalks. Revisions to the preliminary plans will
be required accordingly.
7. For both public and private streets, surmountable concrete curb and gutter shall be installed in single
family residential areas with future driveways and B618 curb installed along entrance roadways and
roadway stretches with no lots.
8. Six (6) foot sidewalks must be provided along all residential streets and as may be required for
connectivity. Sidewalks are shown along one side of all public streets as required, except for the realigned
Klondike Avenue, the Upper 33rd Street connection to Downtown, and the 37th Street entrance road at
Lake Elmo Avenue. Plans must be revised to include sidewalks along all streets as determined by the City.
Sidewalks must also be provided along all private streets and must maintain a minimum 5‐foot boulevard.
9. Pedestrian connectivity to the Village Area Downtown has not been provided. Plans should be revised to
incorporate a sidewalk/trail connection to the Village area. A public sidewalk/trail system must be created
as part of the development that is not disconnected by privately owned segments.
10. A bituminous trail is proposed along the entrance road for the development area north of Stillwater
Bouelvard. The trail should be extended along 37th Street and Knight Bridge Road to facilitate the trail
connection to the Legacy at North Star subdivision. When trails are extended along residential streets, a
sidewalk should be constructed on the opposite side.
11. A bituminous trail is shown along Lake Elmo Avenue and along Stillwater Boulevard as required, and may
potentially become part of the Greenway Trail Corridor. The trails must be constructed as directed by
Washington County, including intersection crossing improvements at the Lake Elmo Avenue and Stillwater
Boulevard signalized intersection.
PAGE 4 of 6
12. Ten (10) foot utility easements are required on either side of all right‐of‐way and the corridors reserved
for the installation of small/dry utilities. Along private streets or private Outlots, 10‐foot corridors must be
shown on the plan to preserve the corridor use for the placement of small/dry utilities.
GRADING PLANS, STORMWATER MANAGEMENT AND STORM SEWER SYSTEM
1. The subdivision is subject to a storm water management plan meeting State, Valley Branch Watershed
District and City rules. Storm water facilities proposed as part of the development to meet State and
watershed permitting requirements must be constructed in accordance with the City Engineering Design
Standards Manual dated January 2022.
2. As part of the city’s Capital Improvement Plan (CIP), the city has identified the need for a Regional Pond to
be located at the intersection of Stillwater Boulevard and Lake Elmo Avenue. The Regional Pond is
planned as a “wet pond” with a 3‐acre permanent pool with requirements to significantly reduce the
discharge rates for the 2‐year, 10‐year and 100‐year storm events. The required ponding is intended to
provide additional discharge rate reduction that significantly exceed the reductions necessary by the
development to meet City, VBWD and State permitting requirements. The capacity and area dedicated for
the required regional pond will need to be incorporated into the development plans and storm water
model prior to preliminary plat/plan approval. The model as presented does not currently account for this
regional pond requirement. The storm water model must be revised to reduce the post development
discharge rate for all storm events and including all on and off‐site improvements. The post development
discharge rate must be significantly reduced for all events discharging to the Old Village area to provide
the intended flood mitigation anticipated by the City’s proposed Regional Pond.
3. The storm water model must be revised to detail and clarify the impervious areas along Lake Elmo Avenue
(CSAH 17) and Stillwater Boulevard (CSAH 14) that are included in the storm water analysis, providing the
specific area for each roadway included in square feet and including an exhibit to clearly show the extents
of the impervious areas.
4. The SWP executive summary must report on meeting city standards with all site and off‐site
improvements intended to be constructed as part of this subdivision. The SWP executive summary must
also report pre and post rate control for all events with the future expansion improvements along the
Stillwater Boulevard corridor. It is recommended that the City require additional storm water facilities to
accommodate any future improvements to Stillwater Boulevard and Lake Elmo Avenue adjacent to the
development. Once the area develops, it will not be possible to implement storm water management for
these future improvements.
5. The storm water plan proposes stormwater reuse irrigation in place of infiltration. Therefore, all storm
water basins are proposed as wet ponds. City design standards require that flood management provisions
be implemented for all new developments assuming no storm water reuse irrigation is operating. The
SWP executive summary must be revised to clarify that all 100‐year HWL flood elevations were
determined assuming no reduction for storm water reuse irrigation.
6. The SWM executive summary must be revised to fully detail the proposed storm water irrigation reuse
system, including adherence to the Lake Elmo storm water irrigation reuse design standards, identifying
system ownership operation and maintenance responsibilities, clearly detailing through exhibits the areas
to be irrigated, and detailing through exhibits the irrigation system routing that is proposed. Irrigation
system supply and feeder lines must be shown to not encroach City drainage and utility easements with
the exceptions of perpendicular crossings.
7. Stormwater irrigation reuse is proposed from City owned Pond #1N, City owned Pond #2NW and HOA
owned Pond #2S. Pond ownership and maintenance responsibilities for irrigation reuse must be
determined and potentially revised prior to final plat application.
8. All storm water basins must be placed in Outlots and must fully incorporate the 100‐year HWL, 10‐foot
maintenance bench and all maintenance access roads. Maintenance access roads meeting city standards
must be provided for all storm water facilities and structures. All adjacent lot corners must be +.2 ft above
the 100‐year HWL to meet construction tolerance and maintain HWL on Outlot.
Pond #5. Revise grading plan to remove retaining wall from Outlot D. No retaining walls are permitted
within Outlots to be dedicated to the City.
PAGE 5 of 6
Pond #4. Revise grading to maintain 100‐year HWL from encroaching adjacent lots. Revise grading
plans to create a reinforced EOF pathway from Legacy Pond 1.
Pond #3N. Revise grading plans to provide a more direct pond access to the northern pond area.
Pond #3N. EOF separation is exactly 1.0 feet for many lots with zero construction tolerance.
Pond #2NE. Revise grading to maintain 100‐year HWL from encroaching adjacent lots.
Pond #2NE. Revise Outlot F to fully include pond maintenance access road.
Pond #2NE. Revise adjacent lot elevations to maintain 1‐ft. above pond EOF elevation of 938.8.
Pond #2NW. Revise plans to clarify the Pond EOF location and elevation. Revise EOF in SWMP Table.
Pond #1NE. Provide second pond access due to size of pond.
Pond #3S. The Pond 100‐year HWL must be +2‐ft above the low floor of the adjacent existing property
to the east. Existing condition information is incomplete to verify compliance.
Pond #3S. Revise pond grading to maintain 100‐year HWL within pond area. Revise EOF to create a
controlled point overflow. Currently the EOF is stated to be the Pond HWL.
Pond #2S. The Pond 100‐year HWL must be +2‐ft above the low floor of the adjacent existing property
to the east. Existing condition information is incomplete to verify compliance.
Pond #1S. Revise plans to include pond EOF location and elevation.
9. Revise pond grading to maintain 4 ft of depth over the maximum wetted pond area. Revise pond grading
for Pond #1NE to eliminate wetted area behind lots V124‐V126; revise pond grading for Pond #2NE to
eliminate wetted area behind lots V30‐V32; and revise pond grading for Pond #3S to eliminate shallow
wetted area with limited pond depth.
10. Revise all pond maintenance roads/benches to facilitate vehicle traffic to be able to pass by all flared end
sections without driving over rip rap areas.
11. Storm water ponding adjacent to roadway corridors may not encroach the right‐of‐way or small utility
easement corridors along either side of all right‐of‐way. Right‐of‐way boulevards must all maintain the
city standard 4% grade to the street.
12. The grading plans must be revised to include the localized 100‐year HWL elevation and contour for all low
points, including catch basin locations. The 100‐year HWL inundation area must be covered by drainage
and utility easement that is shown on the preliminary plat, grading, utility and site plans.
13. Provide 100‐year HWL contours and elevations at the existing culvert near CSAH14/CSAH17 intersection.
14. Revise grading plans by adding off‐site viewport areas to clearly show the drainage routing for all off‐site
discharges. Existing conditions information should be provided for a minimum distance of 150 feet. All
grading match points must be clearly presented.
15. Overland emergency overflow (EOF) elevations are required throughout the site, requiring a system of
interconnecting drainage ways. Low openings for adjacent structures must maintain 1‐foot above any
adjacent EOF. The preliminary plans must be revised to include an EOF flow path exhibit that provides all
EOF locations and elevations together with building elevations.
16. All drainage swales must be designed to meet a minimum 2% as‐built grade. Design grades should exceed
2% to account for construction tolerances. Revise grading along north property line of Outlot J to provide
minimum 2% drainage grades.
17. Revise grading along rear yards of lots 5‐12 to provide defined drainage swale to prevent drainage
encroachment onto Legacy subdivision properties.
18. Revise grading plans to provide wider easements and more distinct drainage pathway for critical EOF
pathway to prevent property encroachments (lots V4‐V5 and lots V29‐V30).
19. The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet.
Drain tile is required as part of the City standard street section at all localized low points in the street.
Drain tile considerations may impact the storm sewer design and depth requirements at low points.
20. The maximum curb run prior to a catch basin is 350 feet.
21. Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width.
MUNICIPAL WATER SUPPLY
1. Municipal water supply is available in several locations, immediately adjacent to the proposed
development. The applicant is responsible to extend the municipal water supply into the development
PAGE 6 of 6
site at developer’s sole cost. Watermain distribution lines and connections will be required wherever
reasonably possible to create a looped network.
2. On the south end of the development, an 8‐inch watermain must be extended to connect to the existing
watermain along Upper 33rd Street. A 12‐inch trunk watermain must be connected to the existing 6‐inch
watermain located on the southeast corner of Stillwater Boulevard and Lake Elmo Avenue, and routed
through the development with a 12‐inch trunk watermain stub installed at the westerly plat boundary at
Stillwater Boulevard.
3. On the north end of the development, connection to the existing 8‐inch watermain in the Legacy at North
Star subdivision will be required in two locations.
4. Hydrants and system valves must be installed as part of the development as directed by the Lake Elmo
Fire Department and Public Works Director.
5. Watermain oversizing may be required along Stillwater Boulevard (CSAH 14) as part of the City’s trunk
watermain line between the Village Area and Jamaca Avenue. Watermain oversizing will be reviewed in
more detail with final construction plans. Oversizing cost reimbursement is addressed as part of the
development agreements for each phase.
MUNICIPAL SANITARY SEWER
1. Municipal sanitary sewer service is not yet available to serve this site. Construction work for the Old
Village Phase 5 and 6 Street and Utility Improvements remains in progress with completion expected in
the Fall 2022. This project will install a 15‐inch trunk sanitary sewer main to the south side of the UP
Railroad, at the intersection of Klondike Avenue and 33rd Street North. This sewer stub represents the
connection point that will serve the entire development, both north and south of Stillwater Boulevard
(CSAH 14).
2. The applicant is responsible to extend sanitary sewer north across the UP Railroad into and throughout
the development at developer’s sole cost. A 15‐inch trunk sanitary sewer must be extended north across
the UP Railroad to Stillwater Boulevard (CSAH 14) with a 15‐inch stub installed to the western boundary of
the development for future extension along Stillwater Boulevard (CSAH 14). The remaining parts of the
subdivision can be served with the extension of 8‐inch gravity sanitary sewer.
3. Sanitary sewer oversizing is typically reimbursed to the developer for the added pipe diameter over a
minimum 8‐inch sewer pipe. Per standard policy, no reimbursement is made for added pipe depths.
Oversizing cost reimbursement is addressed as part of the development agreements for each phase.
Memo
To: Molly Just, City of Lake Elmo Planning Director From: Sarah Harding, Landscape Architect
Subject: City of Lake Elmo Landscape Plan Review GWSA Land Development Schiltgen Farmstead Preliminary PUD/Plat Review #2
Date: August 1, 2022
Submittals
• Preliminary Plans, dated 6/30/2022, received 7/15/2022.
Review History
• Initial landscape review on June 24, 2022.
Location: Four Parcels north and south of Stillwater Boulevard North at 10880 Stillwater Boulevard North
Current Land Use Category: Rural Transitional (RT) Future Land Use Category: Village Low Density Residential (V-LDR)(PUD) Adjacent and Surrounding Land Use: V-LDR to north, Public Facilities (PF) to east, RS adjacent railroad tracks to the south, and RT and RR to west of site. Special landscape provisions in addition to the zoning code: Sunfish Lake - Shoreland Overlay Tree Preservation: Tree Preservation 105.12.470
• Code requires that the tree preservation plan be prepared by a certified forester or landscape
architect. The tree survey plan has been updated to include that the survey was performed by
Stephen Nicholson, Certified Forester.
• Trees 801-899 are now included in the tabulation on sheet TS8.
• The current tree removal calculation on Sheet TS8 does not break down existing trees onsite and proposed removals by hardwood, coniferous/evergreen, or common trees.
− Per section 105.12.470 (c)(7) b. A calculation must be provided which breaks out the number of inches removed for hardwood, evergreen/coniferous, and common trees. The thirty (30) percent removal figure applies to each category individually and trees are replaced according to the Tree Replacement Schedule in subsection (c)(8) of this section.
• Review the definition of Critical Root Zone (CRZ) in section 105.12.470(b), compare with the grading
and improvement impacts and tree protection fencing locations and update the plans or tree removal
calculations accordingly. There are several trees shown to be preserved which have grading impacts
and tree protection fencing well within their CRZ. For example, Trees 544 and 662 are 25-inch and
22-inch hardwood trees which have 25-ft and 22-ft CRZ radii, respectively. Grading and tree
protection fencing is shown less than 8-ft from the tree which is well within their CRZ.
− If significant trees shown to be preserved are damaged or removed, Code implications may
include:
o Per (c)(13) b. If an applicant damages or removes a significant tree that is intended to be
preserved to the point that City staff believes the tree will not survive, the applicant must remit
August 1, 2022
Molly Just
Planning Director City of Lake Elmo
Page 2 of 3
to the City a cash mitigation, calculated per diameter inch of the removed or damaged tree in the amount set forth in the City fee schedule.
o Per (c)(13) d. Instances where a significant tree is removed due to new development, redevelopment, new construction activity or were disturbed, and the removal was not noted on the landscaping or tree removal plan will result in a one-to-one replacement penalty regardless of if the removal is over the thirty percent (30%) allowance.
• There are 2 deciduous hardwood specimen trees, #307 and #556, identified in the tree inventory as a removal. There are 15 hardwood specimen trees, #10, 27, 28, 152,188, 237, 296, 350, 362, 411, 503, 658, 789, 791, and 802, identified in the tree inventory to be saved.
• The tree survey plans does not include the City Standard Tree Protection Detail.
Landscape Requirements: Landscape Requirements 105.12.480
• Trees planted to meet the minimum code requirements shall be planted per the developer’s
agreement with the City, regardless of whether they are planted by the Builder or Developer.
• The landscape plans do not meet the minimum code required number of trees:
Site Measurement Code Required Proposed
Street and Lake Frontage (LF) 26,180
Total Frontage in Linear Feet 26,180
Required Frontage Trees (1 per 50 LF) 524 356
Development or Disturbed Area (Acres) 89
Required Development Trees (5 per Acre) 445 525
Interior Parking Lot Spaces 26
Required Parking Lot Trees 0
Required Mitigation Trees Refer to above Tree Preservation comments
Required Number of Trees 969 881
• Parking areas shall be screened from public streets including the 18-stall lot south of Stillwater
Boulevard North. Screening shall meet 105.12.480 (e) (1) and can be a combination of berm, wall,
fence, or hedge that is 3.5-ft to 4-ft in height and not less than 50-percent opaque.
• The landscape plans do not meet the minimum composition of required coniferous trees:
Qty % Composition Deciduous Shade Trees 669 76% >25% required
Coniferous Trees 212 24% >25% required
Ornamental Trees 0 0% <15% required
Tree Count 881
August 1, 2022
Molly Just
Planning Director City of Lake Elmo
Page 3 of 3
• Recommend plans specify a DED-resistant cultivar of the American Elm rather than the straight species.
• General Landscape and Seeding notes on Sheet L1 appear to be incomplete/cut off from view.
• All utilities and pavements are not shown on the landscape plan or are shown differently than the
street plans and so could not be reviewed for tree placement conflicts.
• Final grading is not shown on the landscape plan to review for tree placement and seeding extent
conflicts.
• The landscape plan’s depiction of the proposed seed mixes (MnDOT 33-262, MnDOT 34-271, Lot
and Outlot Mixes) cannot be differentiated; recommend changing the hatch patterns and/or color to
distinguish between the four seed mixes, especially since the 3 native seed mixes will have a different
maintenance regime from the turf seed.
• Correct discrepancies between permanent seed mixes, wet pond seeding and basin seeding called for on the grading plan versus the landscape plans.
Recommendation: It is recommended that the tree preservation plan and landscape plan be revised and resubmitted as mentioned above.
Stantec Consulting Services Inc.
Sarah Harding, PLA (MN) City of Lake Elmo Municipal Landscape Architect P: (952) 334-4838 E: sarah.harding@stantec.com