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Home My WebLink About4a - Carmelite Nun CUPSTAFF REPORT DATE: 12/11/23 REGULARITEM# 4A: – PUBLIC HEARING MOTION TO: Planning Commission ITEM: Discalced Nuns of St Paul - Conditional Use Permit FROM: Sophia Jensen, City Planner BACKGROUND The Discalced Carmelite Nuns of St. Paul (Applicant) have applied for a Conditional Use Permit (CUP) for the property located at PID # 09.029.21.12.0002 for a 1,532 square foot expansion to their existing monastery originally built in 1955. The intent of the expansion is to increase privacy, function, and better accommodate their day-to-day life. The addition will include an ADA accessible entrance hall, ADA accessible bathroom, speak rooms, and a parlor. The Nun’s monastery is currently a legal nonconforming use since their religious institution predates the CUP requirement of the public facilities zoning district. The proposed expansion of the building triggers the site to be brought into conformance with the conditional use permit requirement. PROPOSAL DETAILS/ANALYSIS Applicant: Discalced Carmelite Nuns of St. Paul Property Owners: Discalced Carmelite Nuns of St. Paul Location: 8251 Mount Carmel Road (8251 Demontreville Trl) Request: Application for a Conditional Use Permit (CUP) to allow for expansion of legal nonconforming site. Site Area: 89.6 acres Existing Land Use: Religious Institution Existing Zoning: Public Facilities (PF) and Shoreland Overlay District Surrounding: North – single-family homes zoned RR and A West – Lake Demontreville South – single-family homes zoned RS East – single-family homes zoned RR Comprehensive Plan: Institutional History: The property has been owned by the Discalced Carmelite Nuns of St. Paul since 1954. The current monastery was built in 1955. Since it was originally built, the monastery has not been subject to any expansions or modifications. The site is currently a legal nonconformity since the use requires a Conditional Use Permit in the PF zoning district. The property is shared with the Carmelite Hermitage who have an independent CUP. Deadline for Action: Application Complete – 11/7/2023 60 Day Deadline - 1/6/2023 120 Day Deadline – 3/6/2024 Regulations: Article XVI – Public and Semi-Public Districts Article XIX – Shoreland Overlay District 105.12.290 – Conditional Use Permits 2 PROJECT ANALYSIS Because the property does not have a conditional use permit as is required by the Zoning Code, the existing use is considered legal non-conforming. The City’s ordinance states that the lawful use of a building or structure may continue, but that the continuation of the non-conforming use does not include expansion. Since the applicant is requesting expansion of the non-conforming use, by adding the monastery addition, the City must approve a conditional use permit in order for the applicant to add the addition and to bring the property in to compliance. The proposed addition will not increase the required capacity of the current well or septic system. According to the ST Testing report dated October 26th 2023 the current wastewater system is adequate for the existing building and expansion. In their narrative, they state that their way of life is relatively secluded; they do not generate a significant amount of vehicle traffic. The proposed addition would not affect current traffic flows. They have one employee and his family that reside on the site, periodically assisted by volunteers, to help maintain the grounds and buildings. The monastery is open to the public from 7:00AM to 4:30PM, which is the same hours as the Carmelite Hermitage with whom they share the gated entrance off Demontreville Trail. According to the narrative, they expect a maximum of five trips periodically through the day due to deliveries or visitors. The nuns never leave the monastery. The off street-parking ordinance exempts existing religious institutions from meeting the parking stall standards although they must develop a parking management plan. As part of the monastery’s management plan, they are proposing seven parking stalls for their monastery. This should be sufficient for their anticipated five trips. The proposed 1,532 square foot addition would be to the north and west of the existing buildings and south of the existing driveway into the site. The following table outlines how the proposed use adheres to the setback and impervious surface requirements of the Public and Quasi-Public Open Space District and Shoreland Overlay District. PF and Shoreland Overlay Zoning Standards Standard Required Proposed Maximum Parcel Area 20 acres 90 acres Maximum Height (Addition) 50 feet 25 feet Maximum Impervious Coverage 15% 4,098 SF or 0.1% Front Yard Setback – Building 100 feet 118.2 feet Interior Side Yard Setback – Building 100 feet 1,450.1 feet Rear Yard Setback - Building 100 feet 1,830.1 feet Parking Lot Setback 100 foot 100 feet Setback from a Public Street 20 feet 1,800 feet Structure Setbacks From OHWL 200 feet 316 feet Septic Setback From OHWL 150 feet 253 feet Setback from Top of Bluff 50 feet N/A 3 Standards for Places of Worship within the Public and Quasi-Public Zoning District. The following outlines standards for places of worship as outlined in the Public and Quasi-Public zoning district. a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; • Staff Comment. The City has classified Demontreville Trail as a major collector street. The City Council approved a variance in 2021 for a direct access road to the Carmelites from Demontreville Trail (Resolution 2021-092) which applies to any buildings or structures on the property. b. No use may exceed 235 gallons wastewater generation per day per net acre of land; • Staff Comment. It is unknown how much wastewater is generated, but it is assumed there is no more than 235 gallons being generated per net acre on a 90 acre site. c. No on-site sewer system shall be designed to handle more than 5,000 gallons per day; • Staff Comment. According to the ST Testing report dated October 26th 2023 the current wastewater system is adequate for the existing building and expansion. d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; • Staff Comment. There are no exterior athletic fields. e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. • Staff Comment. No broadcast or telecast antennas, existing or proposed. REVIEW COMMENTS The CUP application was sent out for agency review on October 27th 2023. The following responses were received: Fire Department Review Memo 11/7/2023. Provided comments regarding drive lanes and parking areas, fire suppression and fire alarm system installation requirements, building addressing, and access/gate requirements A condition of approval that the items in the memo must addressed prior to construction has been added. Landscape Architect Review Memo 11/8/2023. Provided comments that since this is a small expansion of an existing site, minimum site disturbance is proposed, and the parcel is extremely large and heavily vegetated the tree preservation and landscape plan requirements may be waived. The review memo indicates that additional landscaping is still being proposed around the new addition. VBWD. Provided a comment that no watershed permit was required based on this proposal. MN DNR. No comment. City Engineer. No comment. RECOMMENDED 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 be 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. 4 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposed use conforms to the Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. The proposed use is permitted in Public Facilities zoning district subject to a CUP. 4. The proposed use meets all specific development standards for such use listed in the Zoning Code. The proposed use must meet the provisions of Article XVI – Public and Semi-Public Districts. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use meets the Shoreland Regulations. 6. The proposed use will be designed, constructed, operated and maintained 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 monastery addition is to be set back far from the public right of way and from adjacent land owners and so should not create a nuisance to existing or future neighboring structures. 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 monastery addition will be adequately served by public services or facilities. 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. 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 should not be detrimental to persons, property, or the general public welfare. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. With the new direct access (Res. 2021-092), the proposed use should not create traffic congestion. 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 affect natural or scenic features. 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. 2) All recommendations and requirements in the Fire Department memo dated November 7th 2023 must be met prior to the issuance of a Certificate of Occupancy for the addition. 5 3) If the applicant has not taken action toward starting the addition, or if substantial construction of the addition has not taken place within 12 months of the City’s approval of conditional use permit, the CUP approval shall become void. The applicant may request City Council approval of a time extension to start or implement the conditional use permit. OPTIONS: The Planning Commission may: • Recommend approval of the Conditional Use Permit with recommended findings and conditions of approval. • Recommend approval of the Conditional Use Permit with amended findings and conditions of approval. • Recommend denial of the Conditional Use Permit, citing findings for denial. RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the CUP with the listed conditions. Suggested motion: “Move to recommend approval of a Conditional Use Permit for the Discalced Nuns of St Paul Monastery Addition with the listed conditions based on the findings listed in the staff report.” ATTACHMENTS: 1. Location Map 2. Land Use Application 3. Narrative and Plans 4. Fire Department Memo 11/7/2023 5. Landscape Architect Memo 11/8/2023 DEMONTREVILLETRL N HILLTRLNJANERDNISLEAVEN BIRCHBARKTRLNArcGIS Web AppBuilder Parcels Municipals DNR Protected Waters ID 11/7/2023, 9:56:57 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 Washington County, MN | Carmelite Monastery Information Project 23 October 2023 Project The Project consists of a New 1532 Sq. Ft. Addition to the Existing North Side of the Carmelite Monastery and modifications to 955 Sq. Ft. of the Existing First Floor of the Building. No Additional Site Utilities are to be Required. No Additional Site Lighting will be Required. The New Building Exterior shall Match the Existing Building Brick Color and Details. Existing Tree in Parking Lot To Be Removed Existing North Elevation 119'-512"379'-3 516" 75 6 ' - 7 1 16" 2023 Carmelite Monastery Addition Impervious Surface Take-Off 23-Oct-23 579 New Paving at Existing Tree Removal 606 New Paving at Existing Tree Removal 45 New Retaining Wall 60 New Fence 693 New Sidewalk 583 New Sidewalk and Retaining Wall 2566 Total New Paving and Sidewalk 2566 1532 Total New Building 1532 Total New Impervious Surface after Construuction 4098 Carmelite MonasteryFirst Floor Plan103102261530NorthNewwith DemoRelocate StatueRelocate Crossand Light FixtureRelocate CrossLight Fixture & NumbersRelocateDisplayCabinet23 October 2023StairsToiletWellness /Day RoomCell 3Cell 2BathRoomCell 1Bath RoomInnerTurnRoomOuterTurnRoomVestibulePrepRoomInnerSpeakroomOuterSpeakroomRetaining Wall with Guard RailSlopedSidewalkTinted WindowsThis RoomLandscape AreaReconfigure Parking LotEntrance HallVestibuleStor.Tinted WindowsThis RoomCoveredPorchNew Gates2 HourWall2 HourWall14'-378"RelocateGas MeterToiletServeryTinted WindowsThis RoomTinted WindowsThis RoomTinted WindowsThis RoomTinted WindowsThis Room2 Way PullDrawer BelowCountertopSteps3RisersNew Security FenceTinted WindowsThis Room2'3 8"45ExtendHeight ofExistWindowWellExtendHeight ofExistWindowWellNew Security FenceRetaing Wall Block System101010121014Remove Existing TreeRemove Existing TreeRemove Existing TreeRemove Existing Tree andLandscape IslandStorm Water Flow Direction Storm WaterFlow Direction30'Relocate Statue231ADA Parking Stall6OptionalRetaining Walls and Bench71532 Sq. Ft.New Building SizeDrive Lane Carmelite Monastery First Floor Plan 1 0 3 10 22 6 15 30 North Existing Relocate Statue Relocate Cross and Light Fixture Relocate Cross Light Fixture & Numbers Relocate Display Cabinet Stairs Toilet Wellness / Day Room Cell 3 Cell 2 Bath Room Cell 1 Bath Room Inner Turn Room Outer Turn Room Vestibule Prep Room Inner Speakroom Outer Speakroom Retaining Wall with Guard Rail Tinted Windows This Room Landscape Area Entrance Hall Vestibule Stor. Tinted Windows This Room Covered Porch 2 Hour Wall 2 Hour Wall 14'-378"Relocate Gas Meter Toilet Servery Tinted Windows This Room Tinted Windows This Room Tinted Windows This Room Tinted Windows This Room 2 Way Pull Drawer Below Countertop Steps 3 Risers New Security Fence Tinted Windows This Room 38"Well Extend Height of Exist Window Well 23 October 2023 Retaing Wall Block System 1010 1012 1014 Remove Existing Tree Remove Existing Tree Remove Existing Tree Storm Water Flow Direction Carmelite Monastery Elevations 1 0 3 10 22 6 15 30 New 6'-938"WDO 1WDO 1 WDO 1WDO 1WDO 1Brick Opening WDO 1Brick Opening WDO 1Brick Opening WDO 1WDO 3 WDO 1WDO 3 WDO 1WDO 1 33'-11" 5 October 2023 South Elevation North Elevation Basement First Floor Grade Bot of FTG5'Second Floor 110.00 100.00 90.66 90.166 85.1661'-4"1'-4"Basement First Floor Grade Bot of FTG 4'-111316"Second Floor 110.00 100.00 90.66 110.00 85.166 1'-4"1'-4"Carmelite Monastery Elevation 1 0 3 10 22 6 15 30 New WDO 1WDO 1 WDO 1WDO 1 WDO 1WDO 2 5 October 202310'Top of Parapet 110.00 Roof Peak 124.833 East Elevation LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education “Proudly Serving Neighbors and Friends” November 7, 2023 Sophia Jensen, Planner City of Lake Elmo Re: Conditional Use Permit, Carmelite Nuns, 8251 Mount Carmel Trail Prepared by: Anthony Svoboda, Fire Marshal Approved by: Dustin Kalis, Fire Chief Applicable Codes:  2020 Minnesota State Fire Code  2020 Minnesota State Building Code  Lake Elmo Fire Department Fire Code Policies  NFPA 13, 2016 edition  NFPA 13D, 2016 edition Fire Department Comments: Roads, Drive Lanes, and Parking Areas 1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning radiuses. 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) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access roads. On- street parking shall be provided in approved locations following review by Engineering and Public Works. Parking shall be prohibited on both sides of private drive lanes. 4) All parking areas shall be capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds. Fire Detection and Suppression 1) Track A – New Residential Units are added to 1st floor. A fire sprinkler system shall be installed in commercial buildings in accordance with the Minnesota State Fire Code. A permit is required prior to work. a. Fire Department sprinkler connection locations shall be approved prior to installation. 2) Track B – No New Residential Units are added to 1st floor. A fire sprinkler system is not required. 3) A fire alarm system shall be installed as required in Chapter 11 of the Minnesota State Fire Code concerning existing buildings. A plan review and permit are require prior to installation. LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education “Proudly Serving Neighbors and Friends” Address and Street Naming Systems 1) Building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background. 2) Size and placement of address numbers shall be approved by the fire and planning departments. Gates, Locks, and Access 1) Project construction phasing shall accommodate emergency access to the entire construction zone at all times, generally meaning two separate means of entrance/exit as defined in the code. Phasing plan to be approved by the fire department prior to construction. 2) A KNOX rapid access lockbox shall be installed in an approved location, on all commercial buildings. a. Multiple KNOX rapid access lockboxes may be required as determined by the fire department. 3) KNOX locking Fire Department Connection Caps shall be installed on all fire department sprinkler connections. 4) All gates, whether manual or electric, shall be accompanied by either a KNOX lock or KNOX gate control switch for rapid access. Questions, clarifications, or the request to provide code documents can be made using the contact information listed below. Respectfully, Memorandum 800 Washington Avenue North, Suite 103 Minneapolis, MN 55401 November 8, 2023 TO: SOPHIA JENSEN FROM: SARAH EVENSON, PLA RE: CITY OF LAKE ELMO LANDSCAPE AND TREE PRESERVATION CUP REVIEW: CARMELITE NUNS SUBMITTALS 1. Carmelite Nuns of St. Paul CUP Application, dated 07/26/2023, received 10/27/2023 REVIEW HISTORY 1. CUP Landscape Review Memo: 11/08/23 LOCATION: 8251 Mount Carmel Road CURRENT ZONING: Public Facility (PF) ADJACENT AND SURROUNDING LAND USE: Lake DeMontreville is west of the site, adjacent parcels to the north are also zoned Public Facility, and are occupied by the Jesuit Retreat House. Parcels to the east and south are Rural Single Family (RS). SPECIAL LANDSCAPE PROVISIONS: Shoreland District, Bluff Impact Zone TREE PRESERVATION PLAN: 105. 12. 470 » A tree preservation plan was not included in the CUP application, as tree removals are far below the 30% allowable removal threshold it was not deemed applicable. LANDSCAPE PLAN: 105.12.480 » The proposed project expands on an existing structure. As it is not new development, a landscape plan is not required. However, a landscape plan was submitted with the CUP application, and demonstrates an effort to revegetate disturbed areas. RECOMMENDATION: » Given the small size of the building expansion, minimal site disturbance, and well-buffered nature of the work area, the project meets the intent of the landscaping and tree preservation code. The applicant has provided sufficient information to demonstrate adequate landscaping will be established to revegetate disturbed areas, and it is recommended that the CUP application be approved. November 8, 2023 Carmelite Nuns CUP Memorandum 2 HOISINGTON KOEGLER GROUP, INC. Sarah Evenson, PLA (MN) City of Lake Elmo Municipal Landscape Architect P: (262) 391-7653 E: Sarah@hkgi.com