HomeMy WebLinkAbout4a - Amira Shoreland Variance Review 4.3.23 REVISEDSTAFF REPORT
PLANNING COMMISSION
DATE: 4/10/2023
TO: Lake Elmo Planning Commission
FROM: Nathan Fuerst, Consulting Planner
Jenni Faulkner, Consulting Planner
AGENDA ITEM: Variance to Shoreland Requirements – Amira (United Properties)
BACKGROUND:
On November 1, 2022 the City Council conditionally approved a series of requests by United
Properties to rezone and reguide the unaddressed property northeast of the intersection of Hudson
and Eagle Point Boulevards. Those City approvals allowed for the senior housing project proposed
for the property to be expanded from 103 to 146 units. Those approvals consisted of the following:
1. A Comprehensive Plan Amendment from MU-BP (mixed use – business park) to High
Density Residential (HDR).
2. A Zoning Map Amendment (rezoning) from
MU-BP (mixed use – business park) to High
Density Residential.
3. Amended Preliminary Plat and Planned Unit
Development for revised site plans.
Since their last approval, the Applicant’s team has
worked with City Staff to satisfy the conditions of
preliminary plat approval. The Applicant has not
made any changes to this development other than
those required as conditions of approval.
Upon receipt of the Final Plat and PUD request from
the applicant, the City routed plans to the MnDNR
area hydrologist who provided a comment that a
variance is required for flexibility from shoreland
standards. The Applicant has complied with that
recommendation and requested a variance to two
shoreland standards, building height and impervious surface.
ISSUE BEFORE THE PLANNING COMMISSION:
The Planning Commission is asked to review and make a recommendation on Shoreland
Variance request by United Properties.
Planning Commission Meeting
April 10, 2023 Page 2
GENERAL INFORMATION:
Applicant: United Properties (Jennifer Mason), Minneapolis Minnesota
Property Owner: United Land, LLC (United Properties)
Location: Outlot C, Eagle Point Business Park Second Addition
PID#: 3302921440009
Request(s): Shoreland Variance
Site Area: 11.7 gross acres
Land Use Map: High Density Residential (HDR)
Current Zoning: High Density Residential (HDR), Shoreland Overlay
Proposed Zoning: HDR/PUD, Shoreland Overlay
Surrounding: BP – Business Park (PUD)
History: The parcel is undeveloped and formerly rural, now zoned HDR.
Deadline: Application Complete – 3/29/2023
60 Day Deadline – 5/22/23
Extension Letter – TBD
120 Day Deadline – 7/22/23
Regulations: Article 12 – Urban Residential Districts
Article 18 – Planned Unit Development Regulations
Article 19 – Shoreland Management Overlay District
Title 103 – Subdivision Regulations
City of Lake Elmo Design Standards
PROPOSAL DETAILS/ANALYSIS:
Plat Summary:
Gross Site Area 11.7 acres
Wetland Area 1.36 acres
Units 146
Net Density 14.11 units/acre
The calculation of net density in this case nets out the existing wetlands which will be conserved
through a drainage and utility easement proposed on the property. This interpretation is
consistent with Metropolitan Council policy.
Final Plat and PUD Conformance
The developer is required to receive Final Plat and PUD approvals from the City. Those requests
are reviewed by the City Council for conformance with preliminary approvals. This variance
request will be reviewed concurrent with Final Plat and PUD review.
Planning Commission Meeting
April 10, 2023 Page 3
MNDNR Comments
The MNDNR Area Hydrologist has provided the following comments relative to this site and
project:
• The stream identified in the Civil Planset is a DNR Public Watercourse referred to as
Unnamed to Wilmes Lake. Any work below the ordinary high water level (OHWL), defined
as top of the bank of the stream, would require application for a DNR Public Waters Work
Permit.
Staff have confirmed the location of this site within the Shoreland Overlay area. The
requirement identified above will be a condition of approval and is anticipated by the
Applicant.
• The planset correctly identifies the required 50-feet structure setback from the OHWL of
this Public Watercourse as required by the City of Lake Elmo’s shoreland ordinance
(Municipal Code Section 105.12.1260, Shoreland Management Overlay District). The
planset also correctly identifies the Shore Impact Zone.
This comment confirms that adequate detail is on file with the City for this project relative to
the location of DNR protected watercourses.
• The application materials do not identify the extent of the shoreland district on this
property. The shoreland district is defined as the area within 300 feet of the stream. While
the application meets the required structure setback requirements in the city’s shoreland
ordinance, the application appears to deviate from other shoreland district requirements
for structure height (35 feet), impervious surface lot coverage (30%), and shoreland PUD
density requirements.
Staff further clarified that no deviation is required for the density proposed on this project.
Therefore, the only two deviations on this site are for the height of a building and impervious
area. Relative to the deviations required to the shoreland overlay standards, discussed below,
the DNR Area Hydrologist had the following comment:
• We recommend the city process these deviations from the Shoreland Management Overlay
District ordinance as variances.
Shoreland Variances
As detailed above, the DNR recommends shoreland variances instead of PUD Deviations. The
DNR does not recognize PUD’s as appropriate tools for Cities to grant flexibility towards what
are statutorily derived DNR Rules (Shoreland Ordinances). Instead, Cities must use the variance
process to allow for flexibility as that is the only process recognized by State Statue to do so.
The Amira project is located within the City’s Shoreland Management Overlay District.
Specifically, about half of this property is within 300 feet of an unnamed tributary which flows
from Armstrong Lake in Oakdale and Wilmes Lake in Woodbury. Areas surrounding tributaries
are subject to the same shoreland requirements as properties abutting or near other public waters
like lakes.
Planning Commission Meeting
April 10, 2023 Page 4
Variances Requested City Standard Request
Impervious Surface (Lot Coverage) 30% 34% (variance of 4%)
Max Structure Height 35 feet 62 feet (variance of 27 feet)
It is noted by staff that this property is unique topographically, and thus any sort of development
on it would face similar challenges to meeting the City’s established shoreland requirements. The
site is bound on both sides, east and west, by wetland and shoreland areas. The development being
proposed on this site allows the Developer to maximize compliance with City Code and
preservation of the unique natural features on this property.
Impervious Surface
But for the wetland on the east side of this property, the Applicant would have been able to move
the majority of the hardscape proposed outside of the shoreland area. This would have resulted in
compliance with the standard for lot coverage.
As proposed, the entire site sits at only 4% over the impervious surface maximum. In addition to
preservation of the wetlands on site, this development will include stormwater ponds which will
treat stormwater that falls on the site improvements, further reducing the impacts of the impervious
surface proposed with this project on the property.
Staff therefore find that a strict interpretation of the lot coverage limit in the 300’ buffer area would
constitute a practical difficulty for the applicant and support a variance to this standard.
Maximum Structure Height
But for the wetland on the east side of this property, the Applicant would have been able to move
the structure outside of the shoreland area. This would have resulted in compliance with the
standard for building height.
The unnamed tributary which travels roughly north to south on the west area of this site is the
reason for the 35’ height limit. Conventionally, such height limitations are intended to protect the
scenic quality of natural shoreland areas. In this case, a project is being proposed at densities
acceptable under existing zoning which preserves additional open space and sensitive natural
areas.
Staff therefore find that a strict interpretation of the maximum height limit in the 300’ buffer area
would constitute a practical difficulty for the applicant and support a variance to this standard.
Staff’s proposed findings supporting approval are listed at the end of this report.
Environmental Review. This project does not exceed the statutory threshold for formal
environmental review through the Environmental Assessment Worksheet process.
Architecture and Site Design. This project is consistent with preliminary approvals and found
by staff to be consistent with the City’s adopted design requirements. A finalized design review
will be presented to the City Council at the time of Final Plat and PUD review.
Planning Commission Meeting
April 10, 2023 Page 5
Landscaping and Tree Preservation. The City’s Consultant Landscape Architect provided a
review memo dated February 24, 2023, which noted deficiencies in the Applicant’s submittal
relating to information provided on tree preservation and landscaping proposed. The applicant
continues to work on this for their final plat/PUD submittal. A review will be completed prior to
review of the Final Plant and PUD at the City Council.
Fire Chief Comments. The City’s Fire Chief provided a comment memo dated February 7, 2023
which details several requirements for plans to meet City standards for state fire code and local
policy.
Engineering Review. The Applicant has received and responded to previous comments of the
City Engineer. The City Engineer is currently reviewing the final development plans for
conformance with City Standards. A review will be completed prior to review of the Final Plant
and PUD at the City Council. No comments have been received relative to the Shoreland Variance
Request.
Watershed Review. This property is located within the area regulated by the South Washington
Watershed District. A permit was received by this developer for the project under the name
Applewood Pointe, that permit is still valid for this project. The Developer will be required to
follow their Stormwater Pollution Prevention Plan (SWPPP) throughout the construction process.
Minnesota DNR Review. The MNDNR Area Hydrologist was provided with this plan for review
and provided the comments detailed above in this report. There have been no further comments
received as of the writing of this report.
REVIEW AND ANALYSIS/DRAFT FINDINGS:
An applicant must establish and demonstrate compliance with the variance criteria set forth in
Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before the
City may grant an exception or modification to city code requirements. These criteria are listed
below, along with comments from Staff about the applicability of these criteria to the applicant’s
request.
1) Practical Difficulties. A variance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the
strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this chapter.
Definition of practical difficulties - “Practical difficulties” as used in connection with the
granting of a variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by an official control.
FINDINGS: The strict interpretation of the City’s standards would preclude a use which
has been approved by the City for this property, at a density consistent with the City’s
adopted plans and standards. Practical difficulties arise from strict application of lot
coverage and height standards due to circumstances unique to this lot and proposal. The
Planning Commission Meeting
April 10, 2023 Page 6
multifamily residential use proposed on this property is a more efficient use of the
property than other permitted uses which would require more land area.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
FINDINGS: The property is bound on two sides by sensitive natural areas which are
proposed to be protected. The preservation of the wetland area on the west side of the
property requires the building to be located within the area of the property that is
considered to be Shoreland. These are unique circumstances to this property and the
proposed variances would not circumvent the intent of either zoning bulk or shoreland
standards
3) Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
FINDINGS: If granted, the variances will not alter the character of the surrounding
area. Site design proposed on this property is consistent with surrounding properties and
the City’s adopted design standards. Any impacts created by building height will be
mitigated through distance to other properties and landscaping installed with the
development. Stormwater impacts are proposed to be managed through stormwater
facilities proposed in the developable area of this site.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate
supply of light and air to properties adjacent to the property in question or substantially
increase the congestion of the public streets or substantially diminish or impair property
values within the neighborhood.
FINDINGS: If granted, the variances would not create environmental impacts such as
traffic or noise beyond those created on surrounding properties or permitted by right in
the area. The proposed location of the building and parking areas, in the center of the
property, help to screen or mitigate any noticeable impacts to neighboring properties.
PUBLIC COMMENT:
A public hearing notice was sent to surrounding properties and a public hearing notice was
published in the City Paper consistent with City and Statutory requirements. Staff have not
received any public comments as of the writing of this report.
FISCAL IMPACT: Prior to recording the Final Plat, the Applicant will pay the City fees for
Utility Area and Impact Charges and Parkland Dedication. Building Permit fees will be collected
at the time of permit issuance. The City is not providing financial assistance as part of this project.
Planning Commission Meeting
April 10, 2023 Page 7
CONDITONS OF APPROVAL:
Staff recommends approval of the Shoreland Variance for PID 3302921440009 with the
following conditions:
1. The Applicant shall first receive a DNR Public Waters Work Permit prior to any work
below the ordinary high water level (OHWL), defined as top of the bank of the stream.
2. The Applicant shall not intensify the lot coverage on site or building height without
amending the site plan, and if required by the City, amending the variance to these
standards.
RECOMMENDATION:
Staff find that the two requested variances to Shoreland standards meet the criteria for granting a
variance under Lake Elmo City Code Section 105.12.320 (f) and therefore recommend
conditional approval:
Shoreland Variance
Should the Planning Commission agree with staff’s recommendations and findings, it should
recommend the shoreland variances to the City Council for approval with the recommended
findings and conditions of approval listed in the staff report.
“Motion to recommend approval of the shoreland variance requests by United Properties for
maximum lot coverage and building height on the subject property based on the findings of
fact and recommended conditions of approval listed in the staff report.”
ATTACHMENTS:
1. Application Narrative
2. Variance Figures
3. Final Site Plans
4. DNR Comments
5. Preliminary Plat/PUD - City Council Packet, November 1, 2022 (Link Only)
March 17, 2023
Sophia Jensen
City of Lake Elmo
3880 Laverne Avenue North
Suite 100
Lake Elmo, MN 55042
Dear Ms. Jensen,
Below please find the Written Statement for the Amira Lake Elmo Variance application:
(a) See enclosed United Land Resolution
(b) Lot C SubdivisionCd 00733 Subdivision Eagle Point Business Park 2nd, 33.029.21.44.0009, 11.9
11.68 Acres, 508,702 SF, Vacant Land, High Density Residential.
(c) Municipal Code Section 105.12.1260, Shoreland Management Overlay District
(d) The application deviates from the following shoreland district (1) Structure Height: our
building height is 51’- 4.75” which exceeds the 35’ height maximum (2) Impervious Area:
surface lot coverage is 34% compared to the 30% maximum (3) Density: it has been confirmed
by the DNR that the application meet the PUD density requirements.
(e) Our project has received preliminary plat and PUD approval. We were finalizing our
application for final approval and just received thru the City, notice of the potential Shoreland
issues on March 3, 2022. It is worth noting that we have pursuing this development with the
same building footprint and height for the past 4 years since mid-2019. This is the first time we
have become aware of these issues but will work with staff and the DNR toward and acceptable
solution. In response to the DNR letter, a meeting was scheduled between city staff and our
development team to review the issues, discuss possible solutions including flexibility and the
need to pursue a variance application.
(f) Strict enforcement would lead to a loss of residential units which would result in the project
no longer being financially feasible. We have owned this site for 20+ years and during that time
tried to develop it for office. The site has very challenging grades which makes much of the 11+
acres unbuildable. We approached the City 4 years ago and changed the zoning from office to
residential. Given the site constraints, parking requirements and significant stormwater
requirements, at least 4 stories or approximately 140—150 units are needed to be financially
feasible.
(g) The property is unique in that much of the acreage is not buildable. Referencing the site
plan, the south end drops off significantly and is dominated by the need for a second access
point. The east is constrained by a large wetland and the associated setbacks. The west falls off
sharply toward Hudson Blvd creating a pinch point between the wetland and the sloping
grades. We have been able to create a building footprint that works well given these constraints
but requires density to offset the high site related costs including retaining walls, underground
stormwater capacity, major stormwater retention areas on the south end of the site, and a
secondary south access. The many years of marketing this site is a strong indicator of the
challenges because the balance of the Eagle Point Business Park has been built out for
years. This is the remaining parcel.
(h) We don’t believe the granting of the variance will negatively impact the neighborhood for a
couple of reasons. First, the site is relatively isolated. Hudson Blvd flanks the site on the west,
and we will not be disturbing trees creating a buffer along this property line. To the south is a
medical office building who has already granted a secondary access easement and beyond that
is highway 94. To the east is a large wetland separating our site from office condos. There are
significant trees buffering all sides of the wetland that will not be disturbed. Finally, to the east
is Eagle Point Blvd with no direct neighbor off the Blvd. Secondly, this project has been thru
numerous public meetings over a 4-year period. All with the same 4 story footprint. We have
been in touch on numerous occasions with all our adjacent neighbors, and as indicated have
signed an easement agreement with the medical office building to the south. We are on a well
buffered site and our proposed use is well known within the business park.
Best Regards,
J. Mason
Jennifer Mason
Development Manager
GENERATOREDGE OF WATEREDGE OF
WATERCENTERLINE CREEKBRIDGEABUTTMENT(WATER ELEV. = 978.2 AS OF 7/11/19)DASHED PAVEMENT STRIPEAPPROXIMATELOCATIONPIN No. 33-029-21-44-0007
Owner: HSRE-MN HIGH POINTE LLC
Address: 8650 HUDSON BLVD N
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SSWD 50'
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MANAGEMENT AREA
PROPOSED STORMWATER
MANAGEMENT AREA
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PROPOSED DRAINAGE
& UTILITY EASEMENT
PROPOSED 10' DRAINAGE &
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PROPOSED 30'
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UNDERGROUND
PARKING EXTENTS
(SEE ARCH PLAN)
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300' SHORELAND IMPACT
ZONE
DATE:
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION OR REPORT WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE OF
MINNESOTA.
MN
LIC. NO.
JARED F. JONES, PE
XX/XX/2022 46610
PROPOSED CURB AND GUTTER
PROPERTY LINE
PROPOSED FENCE
SETBACK LINE
RETAINING WALL
PROPOSED CONCRETE SIDEWALK
LEGEND
www.lse-architects.com
100 Portland Ave South, Suite 100
Minneapolis, MN 55401
612.343.1010 office
612.338.2280 fax
L S E A R C H I T E C T S , I N C .
Project
Drawn by
Checked by
Date
Drawing Number
Key Plan
No.Date Revision Description
AMIRA LAKE ELMO
HUDSON BOULEVARD
LAKE ELMO, MINNESOTA
PLANNING
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.K:\TWC_LDEV\LSE Architects\Applewood Pointe of Lake Elmo\3 Design\CAD\Exhibits\Shoreland Exhibit.dwg March 20, 2023 - 5:05pm2020 KIMLEY-HORN AND ASSOCIATES, INC.
767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114
PHONE: 651-645-4197
WWW.KIMLEY-HORN.COM
PRELIMINARY - NOT FOR CONSTRUCTIONUNITED PROPERTIES
PID# 33.029.21.44.0009
NORTHPROPOSED STANDARD DUTY ASPHALT
PROPOSED HEAVY DUTY ASPHALT
PROPOSED MILL AND OVERLAY
PROPOSED BITUMINOUS TRAIL
PROPOSED LIGHTED BOLLARD; REFER TO MEP PLANS
PROPOSED LIGHT POLE; REFER TO MEP PLANS
EX-3BAW
03/20/2023
JFJ
19.1001.04
SHORELAND 300' BUFFER
EXHIBIT
PROPOSED ROCK MULCH
PROPOSED STAMPED CONCRETE
PROPOSED HEAVY DUTY CONCRETE
PROPOSED STORMWATER MANAGEMENT AREA
MAINTENANCE ACCESS PATH NOT WITHIN 100-YEAR HWL
12" CLASS V (MNDOT SPECIFICATION TABLE 3138-5)
OVER TENSAR BX1200 BIAXIAL GRID, OR APPROVED EQUIVALENT
MAINTENANCE ACCESS PATH WITHIN 100-YEAR HWL
12" CLEAN CRUSHED ROCK (34" - 1 14" GRADATION) OVER TENSAR
BX1200 BIAXIAL GRID, OR APPROVED EQUIVALENT
AREA WITHIN 300' SHORELAND BUFFER
SUMMARY
AMIRA LAKE ELMO
TOTAL PROPERTY AREA WITHIN 300' SHORELAND
BUFFER AREA 237,697 SF
TOTAL OPEN SPACE AREA WITHIN 300' SHORELAND
BUFFER AREA 135,068 SF (56.82%)
TOTAL IMPERVOIUS AREA WITHIN 300' SHORELAND
BUFFER AREA 102,629 SF (43.18%)
PROPOSED STANDARD DUTY ASPHALT - PER CITY STANDARDS
300' SHORELAND IMPACT ZONE
TOTAL PROPERTY SUMMARY
AMIRA LAKE ELMO
TOTAL PROPERTY AREA 505,902 SF
TOTAL OPEN SPACE AREA 333,666 SF (66.0%)
TOTAL IMPERVOIUS AREA 172,236 SF (34.0%)
K:\TWC_LDEV\LSE Architects\Applewood Pointe of Lake Elmo\3 Design\CAD\Library\Aerials\NAD 83 - MN State\EPSG26851_Date20210913_Lat44.951330_Lon-92.927384_Mpp0.149.jpgSI
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WATERCENTERLINE CREEKBRIDGEABUTTMENTINV.=977.74LIFTSTATION(WATER ELEV. = 978.2 AS OF 7/11/19)958.76INVCMP84LIFTSTATIONINV.=964.47(NE)INV.=963.91(NW)INV.=956.43(NW&SE)APPROXIMATELOCATIONAPPROXIMATE LOCATIONAPPROXIMATE LOCATIONAPPROXIMATE
LOCATION
PIN No. 33-029-21-44-0007
Owner: HSRE-MN HIGH POINTE LLC
Address: 8650 HUDSON BLVD N
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989.52
HT:_____
985.33
HT:_____
987.00
HT:_____
988.67
HT:_____
988.69
HT:_____
988.35
HT:_____
987.99
HT:_____
987.44
HT:_____
987.19
HT:_____
984.87
HT:_____
985.33
HT:_____
985.21
HT:_____
985.93
HT:_____
986.95
HT:_____
986.71
HT:_____
986.49
HT:_____
986.00
HT:_____
988.68
HT:_____
994.56
HT:_____
990.50
HT:_____
994.50
HT:_____
989.96
HT:_____
0.0%PROPOSED DRAINAGE DIRECTION
PROPERTY LINE
EXISTING CONTOUR
PROPOSED CONTOUR
PROPOSED SPOT ELEVATION AND BUILDING HEIGHT100.00
LEGEND
925
HT:____
www.lse-architects.com
100 Portland Ave South, Suite 100
Minneapolis, MN 55401
612.343.1010 office
612.338.2280 fax
L S E A R C H I T E C T S , I N C .
Project
Drawn by
Checked by
Date
Drawing Number
Key Plan
No.Date Revision Description
AMIRA LAKE ELMO
HUDSON BOULEVARD
LAKE ELMO, MINNESOTA
PLANNING
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.C:\Users\bryce.willaby\Desktop\LSE Architects\Applewood Pointe of Lake Elmo\3 Design\CAD\Exhibits\C5-GRADING PLAN.dwg March 29, 2023 - 1:24pm2020 KIMLEY-HORN AND ASSOCIATES, INC.
767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114
PHONE: 651-645-4197
WWW.KIMLEY-HORN.COM
PRELIMINARY - NOT FOR CONSTRUCTIONUNITED PROPERTIES
..\Library\Logos\UNP002_AmiraLogo_210422_Black.jpg
..\Library\Logos\LOGO_UnitedProperties.png
PID# 33.029.21.44.0009NORTH
EX-1BAW
12/05/2022
JFJ
19.1001.04
GRADING EXHIBIT
www.lse-architects.com
100 Portland Ave South, Suite 100
Minneapolis, MN 55401
612.343.1010 office
612.338.2280 fax
L S E A R C H I T E C T S , I N C .
Key Plan
No.Date Revision Description
AMIRA LAKE ELMO
HUDSON BOULEVARD
LAKE ELMO, MINNESOTA
PLANNING
2020 KIMLEY-HORN AND ASSOCIATES, INC.
767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114
PHONE: 651-645-4197
WWW.KIMLEY-HORN.COM
UNITED PROPERTIES
PID# 33.029.21.44.0009
From:Sophia Jensen
To:Jenni Faulkner
Subject:Fwd: Lake Elmo Land Use Review - February 3rd Batch
Date:Friday, March 3, 2023 1:22:40 PM
Attachments:image003.png
image004.png
image005.png
image006.png
Jenni - here is a late comment from the DNR for Amira.
Sophia Jensen,City Planner
City of Lake Elmo
3800 Laverne Ave NLake Elmo, MN 55042
651-747-3911
From: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Sent: Friday, March 3, 2023 1:08:23 PM
To: Sophia Jensen <SJensen@lakeelmo.org>
Subject: RE: Lake Elmo Land Use Review - February 3rd Batch
Caution: This email originated outside our organization; please use caution.
Hello Sophia,
Please note the following comments regarding Final Plat and PUD – Amira at PID
33.29.21.44.0009. I apologize for not sending feedback by the March 1.
The stream identified in the Civil Planset is a DNR Public Watercourse referred to as
Unnamed to Wilmes Lake. Any work below the ordinary high water level (OHWL),
defined as top of the bank of the stream, would require application for a DNR Public
Waters Work Permit.
The planset correctly identifies the required 50-feet structure setback from the OHWL
of this Public Watercourse as required by the City of Lake Elmo’s shoreland ordinance
(Municipal Code Section 105.12.1260, Shoreland Management Overlay District). The
planset also correctly identifies the Shore Impact Zone.
The application materials do not identify the extent of the shoreland district on this
property. The shoreland district is defined as the area within 300 feet of the stream.
While the application meets the required structure setback requirements in the city’s
shoreland ordinance, the application appears to deviate from other shoreland district
requirements for structure height (35 feet), impervious surface lot coverage (30%), and
shoreland PUD density requirements.
This message may be from an external email source.
Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security
Operations Center.
Best Regards,
Dan Scollan
East Metro Area Hydrologist – Ramsey and Washington Counties
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Phone: 651-259-5732
Fax: 651-772-7977
Email: daniel.scollan@state.mn.us
mndnr.gov
From: Sophia Jensen <SJensen@lakeelmo.org>
Sent: Wednesday, February 15, 2023 8:50 AM
To: Jack Griffin <Jack.Griffin@focusengineeringinc.com>; Chad Isakson
<Chad.Isakson@focusengineeringinc.com>; Jenni Faulkner <jenni.faulkner@bolton-menk.com>;
Sarah Evenson <sarah@hkgi.com>; MN_DOT_MetroDevReviews
<metrodevreviews.dot@state.mn.us>; John.loomis@woodburymn.gov; 'John P. Hanson'
<JHanson@barr.com>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; Dustin Kalis
<DKalis@lakeelmo.org>; planning@ci.woodbury.mn.us
Subject: Lake Elmo Land Use Review - February 3rd Batch
You are being asked to review the following applications as a stakeholder in the area of a
pending application. Please see links below.
Final Plat and PUD - Amira: PID 33.29.21.44.0009 United Properties has submitted a final
plat and PUD application for a 4-story 146 unit for rent senior housing complex. Zoning: HighDensity Residential and Shoreland Overly District. Reviewers: MN DNR, South Washington
Watershed District, City Engineer, Fire Dept, Landscape Architect. Please have feedback to
Sophia Jensen by Wednesday March 1st 2023. https://drive.google.com/drive/folders/1M-
VeRju0r0y4d9ChvtlIG35WcSHtPuMP?usp=share_link
Preliminary Plat and PUD – Ebertz Property: PID 34.029.21.44.0004 and PID34.029.21.44.0006. Landform on behalf of Drake Motor Partners has submitted a preliminary
plat and PUD application for 4 lot subdivision with electric auto dealership and services, a fastfood building, and 2 undecided lots. Zoning: Commercial. Reviewers: City of Woodbury,
Valley Branch Watershed District, City Engineer, Fire Dept., Landscape Architect, MN DOT.
Please have feedback to Sophia Jensen by Wednesday March 1st 2023 .
https://drive.google.com/drive/folders/1SdWx0n3-YUZAx1EDss8txxDtWVQvY6bt?usp=share_link
Sketch Plan – At Home Apartments 39th St and Wildflower Dr - PID 13.029.21.21.0007.At Home Apartments has submitted a revised sketch plan for 30 twin and townhomes at the
North East corner of 39th St and Wildflower Dr. Zoning: Village Mixed Use. Reviewers:Valley Branch Watershed District, City Engineer, Fire Dept, Landscape Architect. Please have
feedback to Sophia Jensen by Wednesday March 1st 2023 .https://drive.google.com/drive/folders/1CuCEmziNKQ1DmsFcmxrSpDVj7uXW_DIg?
usp=share_link
Sophia Jensen
City Planner
City of Lake Elmo
3800 Laverne Ave NLake Elmo, MN 55042
651-747-3911