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HomeMy WebLinkAboutPZ Agenda Packet 08-26-13 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 26, 2013 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. August 12, 2013 4. Public Hearings a. VARIANCE – 4719 OLSON LAKE TRAIL NORTH. The Planning Commission will hold a Public Hearing to consider a request for a Variance at 4719 Olson Lake Trail North to allow for a septic holding tank system for a time period long than 12 months. b. VARIANCE – 09.029.21.22.0025 (HILL TRAIL NORTH). The Planning Commission will hold a Public Hearing to consider a request by Dean and Gayle Dworak for a Variance to allow the construction of a single family home on a lot that is not considered a lot of record under the zoning ordinance due to its size and that does not meet the required 20,000 square feet of area for a septic system. c. VARIANCE – 3712 LAYTON AVENUE NORTH. The Planning Commission will hold a Public Hearing to consider a request from Lake Elmo Inn Inc. for a Variance to allow for a ground sign that exceeds the allowed sign area and height permitted under the City’s Sign Ordinance. d. COMPREHENSIVE PLAN AMENDMENT – CHAPTER VI: WASTEWATER FACILITIES. The Planning Commission is asked to hold a Public Hearing to consider an amendment to Chapter 6 – Wastewater Facilities in the Comprehensive Plan that will revise this section of the Comprehensive Plan to be consistent with the recently updated Land Use section. The proposed document will replace Chapter VI in its entirety. 5. Updates a. City Council Updates i. Landscape Ordinance Amendment – passed at the 8/20/13 City Council meeting. ii. Village Area Planning and Development Schedule – discussed at 8/20/13 City Council Meeting b. Staff Updates i. Upcoming Meetings: • September 9, 2013 • September 23, 2013 c. Commission Concerns 6. Adjourn City of Lake Elmo Planning Commission Meeting Minutes of August 12, 2013 Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Williams, Dorschner, Dodson, Larson, Morreale and Lundgren; COMMISSIONERS ABSENT: Haggard and Kreimer; and STAFF PRESENT: City Planner Johnson. Approve Agenda: M/S/P: Williams/Dorschner, move to accept the agenda as amended with the addition of two items to introduce the new alternate member and elect a new vice chair: Vote: 6-0, Motion Carried. Approve Minutes: July 29, 2013 M/S/P: Morreale/Dodson, move to accept the minutes of July 29, 2013 as presented: Vote: 3-0, Motion Carried with Larson, Lundgren & Williams not voting. Introductions: Williams introduced the new Planning Commissioner, Jill Lundgren, who is serving as 1st Alternate. Lundgren lives on Olson Lake. Election of Officers: Williams noted that the Planning Commission has to elect a new Vice Chair to replace Commissioner Reeves who was appointed to the City Council. Commissioner Larson volunteered to finish out the year. M/S/P: Larson/ Dodson, move to appoint Commissioner Larson to the position of Vice Chair: Vote: 6-0, Motion Carried. Public Hearing: Zoning Text Amendment – Landscape Requirements Johnson began his presentation by explaining the purpose of the Zoning Text Amendment. The ordinance is intended to update and relocate the landscaping Lake Elmo Planning Commission Minutes; 8-12-13 2 provisions in the City Code to Article 6 – Environmental Performance Standards. This ordinance addresses size requirements, requirements for perimeter and interior of parking areas, provides a baseline for instances when screening is required, and requires financial security to ensure performance of landscape plan. This ordinance was reviewed by the Planning Commission on July 22nd. The Planning Commission asked for clarification and had inquiries. Staff made 2 proposed changes to this ordinance based on those inquiries. If the proposed landscaping ordinance is approved, Staff is proposing to remove the existing landscaping provisions with a future house-cleaning amendment of the Subdivision Ordinance, OP Ordinance, and Site and Building Review Ordinance. Staff hopes to complete this amendment in September. Williams suggested that the word borders be added along with islands and medians. He also suggested that coniferous be added for perimeter parking lot. Larson thought that coniferous trees take up too much space and could interfere with parking. Williams asked about the difference between the 6 foot height for evergreens and 8 foot for fences. Johnson stated that the more restrictive provision of the city Code always applies. In instances where these two ordinances, screening and fence, conflict, the more restrictive applies. Dodson asked who reviews the landscape plans. Johnson responded that Staff reviews plans for conformance to City ordinances. However, Staff recommends that final plans be reviewed by a certified landscape architect or arborist in order to provide greater expertise in species selection and location. Public hearing opened at 7:25 pm. Greg McGrath, 1509 15th Street Court North, stated that it is important that the City review these plans as mistakes were made in his development on the implementation aspect. He noted that what was approved in the final plans was not actually planted. The Planning Commission felt it is important to make sure that the landscape plan is enforced. No written comment was received. Public hearing closed at 7:37 pm. Morreale would like to see something in the Code to hold the developer to their landscape plans. Williams stated that the proposed ordinance already requires a financial security. Dodson does not feel that it is sufficient and asked for further explanation about how the City enforces the approved plans. Johnson stated that the ordinance is strong enough, and where the City needs to focus greater care and energy is in the implementation of the development improvements. The City is now only accepting a letter of credit instead of performance bonds and the oversight needs to be Lake Elmo Planning Commission Minutes; 8-12-13 3 stronger than it has in the past. He noted that the Staff and Council are committed to ensuring performance when it comes to development. Morreale wants to put a timeline of 2-3 years before the responsibility of replacement and maintenance becomes the homeowners. Dodson is concerned about CIC type development. Sometimes the developer turns over responsibility before the association knows what they are doing. He would like to see a timeline of 2 years before the developer can turn it over to an association. Williams wants to know if boulevards are the responsibility of the City or property owner. Johnson stated that boulevards are the responsibility of the homeowner. Morreale asked what happens if there is an act of God, such as a powerful storm that damages plant materials. Johnson stated that the contingencies of performance for the landscape plan would be spelled out in the developer’s agreement. Alternatively, if the storm occurred 2 years after installation, it would be the homeowner’s responsibility. Johnson further stated that 2 years is the industry standard and it would be burdensome to hold the financial security for many years beyond the suggested timeframe. Morreale asked what would happen if a storm went through and many, many boulevard trees are taken out. He asked how the City could play a role in assisting property owners with tree replacement. Johnson noted that some Cities have tree planting programs that target locations within the community in greatest need of additional plantings. Williams proposed language to be added in the reasons for landscape section of “to provide visual softening of, especially, urban development”. He further suggested that we check with the City attorney regarding the 2 year standard. Williams also suggested that we add language under the financial security that states adequate security must be retained to ensure performance for at least 2 years after the installations have been completed. M/S/P: Morreale/Larson, move to recommend approval of the Landscape Requirements Ordinance with amendments, subject to legal review by the City Attorney: Vote: 6-0. Motion Carried. Updates and Concerns Council Updates 1. Preliminary Plat – Lennar Homes/Savona passed at the 8/6/13 City Council meeting. Lake Elmo Planning Commission Minutes; 8-12-13 4 2. Lake Elmo Avenue infrastructure improvements I-94 to 30th Street, bid awarded at the 8/6/13 City council meeting. 3. Olson Lake Trail Sanitary sewer extension Phase I bid awarded at the 8/6/13 City Council meeting. Staff Updates 1. Welcome to our new Planning Commission member Jill Lundgren. There is still an opening for an alternate. 2. Planning Commission meetings upcoming on August 26 and September 9. Commission Concerns 1. Dorschner is wondering if the City has talked to the school district yet with all the new development coming in. Williams stated the school district is given the Comprehensive Plan and is given the opportunity to comment and is kept informed of developments as they come forward. Johnson noted that Staff has been in communication with the school districts regarding upcoming growth. 2. Morreale is concerned that there are 4 public hearings at the last Meeting of the summer and it creates a situation where important decisions could be made without some members of the community being available. Johnson noted that the majority of the items are external applications that the City has to address in a certain time period. 3. Larson is concerned that the comments the Planning Commission had about the parks were not acted on at the City Council meeting. He noted that the communication between the Park and Planning Commission was lacking. Maybe there should be some joint meetings with the Planning Commission and the Parks Commission. Johnson stated that it will be important to establish roles and establish good process moving forward for future development in regards to parks. Williams stated that the Park Commission and Planning Commission are recommending bodies, and the City Council is free to accept or reject the recommendation. Morreale noted his concern that the letters from Larson and Williams were not read into the record. Meeting adjourned at 8:28pm Respectfully submitted, Nick Johnson Planner Lake Elmo Planning Commission Minutes; 8-12-13 Planning Commission Date: 08/26/13 Item: 4a Public Hearing ITEM: Variance Request – 4719 Olson Lake Trail North SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director ______________________________________ SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application from Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, MI, for a variance at 4719 Olson Lake Trail North to install a septic holding tank system for a period longer than 12 months. The current wastewater system on the site has been determined to be non- compliant per Washington County Code. As the applicants are proposing to construct a new single family home on the property, they are required to install a compliant wastewater system. Lake Elmo City Code and Washington County Development Code does not allow for these systems to be utilized for a period longer than 12 months. BACKGROUND INFORMATION: Due to the inclusion of the property at 4719 Olson Lake Trail North in the area guided for sanitary sewer in the City’s Comprehensive Plan, the applicants have found it to be problematic from a financial standpoint to install a new trench or mound system when it is expected that the site will be connected to Municipal Sanitary Sewer as part of Phase II of the Olson Lake Trail sewer Project. For this reason, the applicants consulted with City and County Staff and determined that a septic holding tank variance was the best course of action for their property. In addition, the applicants did provide a narrative to address the 4 required criteria for approving a variance. Staff reviewed these findings and found them to be reasonable and satisfactory. Greater detail regarding the review of the variance request can be found in the attached Staff Report (Attachment #1). Finally, Staff is recommending that the applicants enter an Agreement with the City to agree to connect to Municipal Sanitary Sewer within 6 months of service being available to their property. As the variance is based upon the extension and connection to sanitary PUBLIC HEARING ITEM 4b – ACTION ITEM 2 sewer, the City must ensure that the septic holding tank system is not utilized as a permanent solution for the property. RECCOMENDATION: Staff is recommending that the Planning Commission recommend approval of the Variance request with the following motion: “Move to recommend approval of the Variance request for the installation of septic holding tanks at 4719 Olson Lake Trail North for a time period longer than 12 months with the conditions outlined in the Staff Report.” ATTACHMENTS: 1. Staff Report 2. Variance Application w/Applicant Narrative and Supporting Materials 3. Location Map 4. Sewer Service Area – Tri-Lakes (City Comprehensive Plan – Wastewater Facilities) 5. Washington County Capital Improvement Plan (CIP) 6. City Engineer’s Report 7. Washington County Report – Environmental Services ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members PUBLIC HEARING ITEM 4a – ACTION ITEM City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 08/26/2013 Applicant: Mary Florence Brink and Thomas W. Brink Owner: Mary Florence Brink and Thomas W. Brink Location: 4719 Olson Lake Trail Zoning: RS – Rural Single Family Introductory Information Application Summary: The City of Lake Elmo has received an application from Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, Michigan, for a variance to allow for the use of a septic holding tank system longer than the 12-month time period that is allowed under the Washington County Development Code. As the property is guided for municipal sanitary sewer in the City’s Comprehensive Plan, the applicant would like to install a holding tank system until sanitary sewer is made available. The applicant has provided a written statement to the City indicating the reason for the request. In addition, the applicant narrative addresses how the proposed variance meets the 4 required findings to grant a variance. Property Information: The property at 4719 Olson Lake Trail North (CSAH-13) is located on the western shore of Olson Lake in Lake Elmo. The attached location map (Attachment #3) details the location of the property. Applicable Codes: Section 51.002 Adoption of County Subsurface Sewage Treatment System Ordinance Chapter 4 of the Washington County Development Code entitled Subsurface Sewage Treatment Systems Regulations, as amended is hereby adopted by reference in its entirety as if herein printed in full. Washington County Development Code Chapter 4 – Subsurface Sewage Treatment System Regulations 18.5 Holding Tanks Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 8/26/13 (1) Holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to 12 months, during which time measures are taken to provide municipal sewer service or the installation of an approved system as provided in this Chapter. Section 154.109 Variances. (A-J) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 0.56 acres Existing Use: Single Family Detached Dwelling Existing Zoning: RS – Rural Single Family Property Identification Number (PID): 08.029.21.14.0060 Application Review: Variance Review: As outlined in the narrative, the applicant is seeking to build a new single family home at 4719 Olson Lake Trail North. Per the requirements of Washington County, the permitting authority of subsurface sewage treatment systems, all systems must be inspected at time of real estate transactions and construction of new homes. The applicants have consulted with Pete Ganzel, Washington County Environmental Specialist, and have determined that the septic system on the property is non- compliant per Washington County regulations. Given the non-compliant status of the existing septic system, the applicants must design and install a compliant system before a building permit is issued to construct a new home on the property. It should be noted that Thomas Brink and Mary Florence Brink previously applied for and were granted a variance related to an encroachment of a covered porch into the required setback from the Ordinary High Water (OHW) Mark per the City’s Shoreland Ordinance. The variance was granted at the City Council meeting on July 2, 2013 through Resolution 2013-050. Through the review of this variance, the Planning Commission and Council reviewed the applicant’s plans for the property. As the applicants have progressed in making plans for constructing a new home, the septic system issue was raised and analyzed. After meeting with Staff and Washington County, as well as consulting a septic designer, the applicant’s chose to move ahead with a variance to allow septic holding tanks for a period longer than 12 months. The applicant selected this option given that their property was recently included in the area guided for sanitary sewer per the Olson Lake Trail Sewer Project. Regarding the Olson Lake Sewer Project, the City of Lake Elmo entered into a Joint Powers Agreement with the City of Oakdale on May 7, 2013 (Resolution 2013-034) to complete two phases of sanitary sewer improvements to multiple properties along Page 2 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 8/26/13 Olson Lake Trail. The project was initiated by petition from two Oakdale residents on the western side of Olson Lake Trail. When presented the opportunity to collaborate on a sewer project, the City of Lake Elmo surveyed adjacent Lake Elmo residents and found support for the sewer project. In order to move forward with the sewer project, the City of Lake Elmo had to amend the Wastewater Facilities chapter of the City’s Comprehensive Plan to reflect the properties on Olson Lake Trail that would be guided for sanitary sewer service. The Planning Commission reviewed this Comprehensive Plan Amendment on April 22, 2013, and the City Council approved the amendment on May 7, 2013 (Resolution 2013-037). The properties that are now guided for sanitary sewer in the City’s Comprehensive Plan are found in Attachment #XX. The property owned by the applicants is located in Phase II of the Olson Lake Sewer Project. The City anticipates that Phase II of the project will be completed when Washington County reconstructs Olson Lake Trail (CSAH 13). Per the County’s 2013 Capital Improvement Plan (Attachment #XX), Olson Lake Trail is scheduled to be reconstructed in 2016. Given that Phase I of the project has now been authorized by both cities, and the reconstruction of Olson Lake Trail is likely to move ahead in 2016, these established policies provide greater explanation and reasoning for the variance request. Variance Requirements: An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to City Code requirements can be granted. These criteria are listed below: 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. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property 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. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, Staff would offer the following suggested Page 3 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 8/26/13 findings specific to the variance that have been requested by the applicant: 1. Staff finds that the proposed use of a septic holding tank system for a period longer than 12 months in this case represents a reasonable use of the property. Given that the applicant’s property is now guided for sanitary sewer connection, and the project is likely to occur in the future, it makes more financial sense for the property owner install a holding tank system as opposed to a brand new trench or mound system. Staff determines that this criterion is met. 2. The inclusion of the subject property in Phase II of the Olson Lake Trail Sewer Project is a unique circumstance to the property not created by the land owner. Staff determines that this criterion is met. 3. Staff finds that the installation of a holding tank system will not alter the essential character of the neighborhood. The applicant has noted that allowing for the installation of a holding tank system would save a number of trees on the property that would otherwise have to be removed if a different type of septic system was installed. Staff determines that this criterion is met. 4. The proposed variance will not impair an adequate supply of light and air to property 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. Staff determines that this criterion is met. Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a variance and demonstrated that the desire to install a holding tank system until sanitary sewer is available is a reasonable use of the property not permitted by an official control. Staff has also confirmed that the inclusion of the subject property in the area to be served by sanitary sewer is a unique circumstance not caused by the landowner. In order to grant the proposed variance, Staff recommends that the applicant enter into an Agreement with the City to connect to Municipal Sanitary Service within 6 months of service being available. The proposed variance is predicated upon the future connection to sanitary sewer. For that reason, the applicants should enter into an agreement with the City to ensure their participation with the Sewer Project and connection into the sanitary sewer system. This Agreement is to ensure that a holding tank system that is temporary in function does not become a permanent solution for the property. Conclusion: Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, MI, have submitted a request for a variance to allow for the installation of a septic holding tank system at 4719 Olson Lake Trail North for a period longer than 12 Page 4 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 8/26/13 months. The holding tank system will serve a new single family home as a temporary system until sanitary sewer is available. Staff Rec: Staff is recommending that the Planning Commission recommend approval of the variance request by Thomas Brink and Mary Florence Brink to install holding tanks at 4719 Olson Lake Trail that will replace an existing non-compliant subsurface sewage treatment on its site, provided the following conditions are met: 1. The applicant shall to enter into an Agreement with the City to connect to Municipal Sanitary Sewer within 6 months of service being available, and waiving their right to appeal their assessment for the extension of Municipal Sanitary Sewer. 2. The applicant should be required to submit copies of all septic tank pumping records to the City on a quarterly basis. Approval Motion Template: Staff is recommending that the Planning Commission recommend approval of the proposed variance through the following motion: “Move to recommend approval of the Variance request for the installation of septic holding tanks for a time period longer than 12 months with the conditions outlined in the Staff Report.” cc: Mary Florence Brink and Thomas Brink Page 5 July 1, 2013 Variance Request 4719 Olson Lake Trail N., Lake Elmo, MN 55042 a) Property owners are Thomas W. Brink and Mary Florence Brink Ownership of the property was recently transferred from the trust of Robert F. Coles (deceased 4/15/11) and the trust of Catherine E. Coles to the current owners, and registered with Washington County on May 30, 2013. b) Legal description: SECT 8 TWP 29 RG 21 PT GOV LOT 2 LYING ELY OF OLSON LAKE RD & LYING WITHIN FOLL DESC BDRY SECT 8 TWP 29 RG 21 PT GOV LOT 2 LYING ELY OF OLSON LAKE RD & LYING WITHIN FOLL DESC BDRY The property consists of 3 parcels that have been combined into one lot, 0.51 acres or 22,216 square ft in size. For the full legal description see Exhibit A in previously submitted documents. PID: 08.029.21.14.0060 Existing use is for a residential home. Property is zoned R-1 residential. c) A variance is sought for the use of a temporary holding tank for more than 12 months. This is in reference to the Washington County Development Code, Chapter Four, Subsurface Sewage Treatment System Regulations, Section 18.5, sub-section 1. It reads as follows. 18.5 Holding Tanks (1) Holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to 12 months, during which time measures are taken to provide municipal sewer service or the installation of an approved system as provided in this Chapter. d) The variance is requested because Pete Ganzel, Washington County Public Health & Environment, believes the existing septic system is non-compliant, based on the information I provided him about the age, location, and type of system on the site. A sewer project is planned for the homes along the road. Phase One, which falls 2 homes short of our property, is to be completed in 2013. We requested that our property be included in Phase One of the sewer project, but it is our understanding that the depth of the sewer pipe as it reaches our property would require tearing up the road. Phase Two is scheduled for completion in conjunction with a Washington County road resurfacing project sometime between 2014 and 2016. Therefore, we are requesting the use of a holding tank until a sewer hookup is available, in lieu of installing an entirely new septic system/drainfield. The variance is needed because code allows a holding tank to be used for up to 12 months. We would need to use the tank until the sewer hookup is available. e) I have discussed the code requirements and options for dealing with a non-compliant septic system with both Nick Johnson and Kyle Klatt in the Lake Elmo city planning office, and with Pete Ganzel in the Washington County Department of Public Health and Environment. A temporary holding tank seems to be our best option. It could be placed near the existing liquid and solids tanks, is the least damaging to the trees on the property, and could be converted for use as a pumping tank when the hookup to the sewer is made. Alternatively, we might be able to use one of the existing liquids or solids tanks as the holding tank. We would install a pumping tank during construction, but not hook it up until the sewer connection is available. We are checking on the viability of the existing tanks for this use. f) Denial of the variance would cause us to incur the cost of an expensive new septic system that would be used for only a short time and then abandoned when the new sewer is installed. It could also result in the delay of construction of the new house until the completion of Phase Two of the sewer project, and delay of our return to the community from out of state. g) Because of the small lot size and setback constraints, the only location available on the site for a new drainfield would be to the north of the house, and would result in the destruction of multiple trees on the property. This would be an unnecessary loss of both natural habitat we are trying to preserve and of the valuable natural screen the trees provide between our house and the neighbor. h) A variance for a holding tank would have substantially less impact on the neighborhood than the installation of a new drainfield for the septic system. A holding tank is underground, not visible to the surrounding community, and it would be placed in a location that did not require the destruction of the wooded portion of the lot. It would not alter the current use or nature of the site. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. Not For Construction Project Number: Date of Issue: Sheet No. A Ne w Si n g l e Fa m i l y Ho m e fo r To m an d Ma r y Fl o r e n c e Br i n k 47 1 9 Ol s o n La k e Tr a i l No r t h La k e El m o , MN #Pln These documents are instruments of service and as such remain the property of John Dwyer. Use or publication requires written approval from John Dwyer. 02.07.2013 - DD V.3 61 2 -27 0 -44 2 9 jo h n @jo h n g a v i n d w y e r .co m 14 0 9 Ce d a r La k e Pa r k w a y , Mi n n e a p o l i s , MN 55 4 1 6 Jo h n Dw y e r Ar c h i t e c t SIGNATURE DATE REGISTR. # 02.07.2013 43166 N1 0 ' 10' MIN. 50'-0" 10 0 ' LA K E SE T B A C K FR O N T YA R D SE T B A C K SIDE SETBACK O L S O N L A K E T R A I L O L S O N L A K E EASEMENT SETBACK PR O P O S E D NE W HO U S E NE W GA R A G E NE W SC R E E N PO R C H NE W DE C K EX I S T I N G HO U S E NE W SE P T I C TA N K NE W DR I V E EX I S T I N G MA T U R E OA K OR D I N A R Y HI G H WA T E R MA R K 75 ' SE P T I C TA N K TO OH W MINIMUM EX I S T I N G WE L L 1 PR O P O S E D SI T E PL A N 1" = 20 ' OLSON LAKE LAKEDEMONTREVILLE Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community Data Scource: Washington County, MN 6-17-2013 Location Map: 4719 Olson Lake Trail North K4719 Olson Lake Trail North Municipal Boundary 0 400 800200 Feet 1"=400' 456713 Lake DeMontreville Lake Olson OL SON LAK E T RL N H I L L T R L N 50TH S T N HIDDEN BAY TRL N H I L L T O P A V E N HIGHL AN DS T RL N DEER POND TRL N JACK PINE TRL N WINDBREA K TRL N 5 3 R D S T N HIL L TR AIL CT N Sewer Service Area - Tri LakesLake Elmo Comprehen sive Plan Update Map Date :April 2 2, 2013 E 0 250 500 750 1,000125Feet Future PublicSewer Service Area Description Transportation Improvement to Ideal Avenue to include: Pavement Improvement Drainage Improvements Potential Pedestrian improvements. Project limits are - Trunk Highway 5 to the south and County State Aid Highway 35 to the north. Project #RB-2570 Priority 3 Important Justification Ideal Avenue has poor pavement condition. The presence of a number of street intersections, along with the desire to improve pedestrian and cycling opportunities in the corridor justifies this project. Budget Impact/Other If this project is not completed, ongoing maintenance costs will increase and future improvement costs will increase. Useful Life 5+ years Project Name CSAH 13 (Ideal Avenue) - TH 5 to CSAH 35 Category Road & Bridge Type Construction Contact W. Sandberg Department Capital Projects (R&B) Location Oakdale Total20132014201520162017Expenditures 150,000150,000Planning / Design 1,800,0001,800,000Construction 100,000100,000Right-of-Way 150,0001,900,0002,050,000Total Total20132014201520162017Funding Sources 100,000100,000Local Contributions 1,950,000150,0001,800,000State Aid 150,0001,900,0002,050,000Total Page 96   PAGE 1 of 1  MEMORANDUM         Date: August 20, 2013      To: Nick Johnson, City Planner Re: City of Lake Elmo     4719 Olson Lake Trail N.  From: Jack Griffin, P.E., City Engineer   Septic System Variance Request      Applicant is requesting a variance to allow for installation of a septic holding tank system for a period  longer than 12 months.     Review Comments:  Engineering has reviewed this variance request and has the following comments:    1. The property at 4719 Olson Lake Trail North is part of the Phase 2 Olson Lake Trail Sanitary Sewer  Extension Project. Therefore, this home will be allowed to connect to the Oakdale Sanitary Sewer  System when the Phase 2 project is constructed.  2. If the variance is granted, the applicant should be required to install a temporary system as  approved by Washington County. The system capacity should be oversized to minimize pumping  intervals to provide more operational flexibility.   3. The applicant should be prepared to operate the system for at least 5 years in the event the  Phase 2 project is delayed for any reason.  4. Consideration should be given to allocating and reserving sufficient space to allow for the  construction of a drain field in the event the Phase 2 project is terminated for any reason.   5. The applicant should be required to connect to the sanitary sewer system within 6 months of the  system being made operational for this property.   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 Planning Commission Date: 08/26/13 Item: 4b Public Hearing ITEM: Variance Request – 09.029.21.22.0025 (Hill Trail North) SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director Pete Ganzel, Washington County ______________________________________ SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application from Dean and Gayle Dworak, 12325 Upper Heather Ave. N., Hugo, Minnesota, for a variance to allow for the construction of a single family home on a lot that is not considered a lot of record under the Zoning Ordinance due to its size and that is does not meet the required 20,000 square feet of area for a septic system. The owners of the property, Paul and Nancy Hansen, have co-signed the variance request. The parties have agreed to a purchase agreement for the property contingent upon the granting of a variance to construct a new single family home. BACKGROUND INFORMATION: The applicants have provided the reasons for their request in their application materials (Attachment #2), including a narrative, survey, site plan, and building plans. In the application, the applicants address the 4 findings required to grant a variance request. Staff has reviewed the application and found that the required criteria for a lot size variance have been established. However, the review by Washington County has indicated that the applicants have not yet submitted a septic design that meets the County requirements for a permitted system. Staff recommends not granting the Variance request until the applicant has completed the necessary work to site a septic system that will be permitted by Washington County. It is the recommendation of Staff to table consideration of the item until the nest available Planning Commission meeting to allow the applicant more time to complete the necessary work related to septic design and permitting through Washington County. Greater detail about the application and the Staff recommendation is found in the Staff Report (Attachment #1). RECCOMENDATION: PUBLIC HEARING ITEM 4b – ACTION ITEM 2 Staff is recommending that the Planning Commission table the Variance request through the following motion: “Move to table the Variance request at 09.029.21.22.0025 (Hill Trail North) for further consideration at the next available Planning Commission meeting to allow the applicant more time to submit a septic design that will meet Washington County approval.” ATTACHMENTS: 1. Staff Report 2. Variance Application w/Applicant Narrative and Supporting Materials 3. Location Map 4. Washington County Report – Environmental Specialist 5. Letter from Mike and Ruth Schrantz, 5831 Hytrail Ave. N. ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members PUBLIC HEARING ITEM 4a – ACTION ITEM City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 08/26/2013 Applicant: Dean and Gayle Dworak Owner: Paul and Nancy Hansen Location: 09.029.21.22.0025 (Hill Trail North) Zoning: RS – Rural Single Family Introductory Information Application Summary: The City of Lake Elmo has received an application from Dean and Gayle Dworak, 12325 Upper Heather Ave. N., Hugo, Minnesota, for a variance to allow for the construction of a single family home on a lot that is not considered a lot of record under the Zoning Ordinance due to its size and that is does not meet the required 20,000 square feet of area for a septic system. Per the requirements of the Rural Single Family (RS) zoning district, the minimum lot size is 1.5 acres, and there must be at least 20,000 square feet suitable for the installation of a subsurface sewage treatment system. The Zoning Ordinance allows existing lots of record to be considered buildable if the lot meets a minimum of 60% of the minimum lot size in the underlying zoning district. 60% of 1.5 acres is 0.9 acres. The subject lot is 0.63 acres according to the Washington County parcel data, making the parcel 0.27 acres less than the minimum size to be considered a lot of record. The owners of the property, Paul and Nancy Hansen, have co-signed for the Variance request. The parties have agreed to a purchase agreement for the property contingent on the approval of a variance to construct a single family home. The applicant has provided a written statement to the City indicating the reason for the Variance request. In addition, the applicants’ narrative addresses how the proposed application meets the 4 required findings to grant a Variance. Property Information: The property (09.029.21.22.0025) is located on the east side of Hill Trail North on the peninsula between Lake DeMontreville and Olson Lake. The attached location map (Attachment #3) details the location of the property. The property has been owned by Paul and Nancy Hansen since 1979. Applicable Codes: Section 154.402 Lot Dimensions and Building Bulk Requirements Lot area and setback requirements shall be as specified in Table 9-2, Lot Dimension and Setback Requirements. Variance Request; 09.029.21.22.0025 (Hill Trail North) Planning Commission Report; 8/26/13 Table 9-2: Lot Dimension and Setback Requirements, Residential Districts Section 154.080 Additions and Exceptions to Minimum Area, Height, and Other Requirements. RT A RR RS RE Minimum Lot Area (acres) Single Family Detached Dwelling 20 40a,b 10c 1.5d 2.5e,f Minimum Lot Width (feet) Single Family Detached Dwelling 300 300 300 125 NAf Maximum Principal Structure Height (feet) 35 35 35 35 35 Maximum Impervious Coverage - - - 25% 15% Minimum Principal Building Setbacks (feet) Front Yard 30 200 30 30 100 Interior Side Yard 10 200 10 10 50 Corner Side Yard g 25 200 25 25 80 Rear Yard 40 200 40 40 100 Minimum Accessory Building Setbacks (feet) Front Yard 30 200 30 30 100 Interior Side Yard 10 200 10 10 15 Corner Side Yard 25 200 25 25 30 Rear Yard 40 200 40 10 15 Minimum Agricultural Related Setbacks (Animal buildings, feedlots or manure storage sites) Any Property Line 200 200 200 - - Any Existing Well or Residential Structure 50 50 50 - - Any Body of Seasonal or Year-round Surface Water 200 200 200 - - Page 2 Variance Request; 09.029.21.22.0025 (Hill Trail North) Planning Commission Report; 8/26/13 (A) Existing Lot: An existing lot is a lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the County Recorder or registrar of titles, on or before the effective date of this section. Any such lot or parcel of land which is in a residential district may be used for single family detached dwelling purposes provided the area and width of the lot are within sixty percent (60%) of the minimum requirements of this section, provided all setback requirements of this section must be maintained; and provided it can be demonstrated safe and adequate sewage treatments systems can be installed to serve the permanent dwelling. Section 154.404 Site Design and Development Standards Development of land within the rural districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The following standards apply to specific uses, and are organized by district. (A) Single-Family Detached Dwelling, All Rural Districts. All single-family dwellings shall be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and be placed on a permanent foundation. (B) Septic Drainfield Regulation, A, RR, and RS Districts. All lots must have at least 20,000 square feet of land suitable for septic drainfields and area sufficient for 2 separate and distinct drainfield sites. Placement of the second required drainfield between the trenches of the first drainfield is prohibited. Section 154.109 Variances. (A-J) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 0.63 acres Existing Use: Single Family Detached Dwelling Existing Zoning: RS – Rural Single Family Property Identification Number (PID): 09.029.21.22.0025 Application Review: Variance Review: As outlined in the narrative, the applicant is seeking to build a new single family home at 09.029.21.22.0025 (Hill Trail North). In the application, the applicant has also provided an existing survey, a proposed site plan of the proposed single family home, as well as building plans. However, it should be noted that the site plan does not provide adequate detail of the proposed septic system that will serve the property. Page 3 Variance Request; 09.029.21.22.0025 (Hill Trail North) Planning Commission Report; 8/26/13 Regarding the lot size Variance, the lot does not currently meet the minimum size requirements to be considered a buildable lot of record per the requirements of the Rural Single Family (RS) zoning district. The applicants have noted that the owners of the property have owned since 1979, before the minimum lot size zoning requirements were in place. It is quite common that many of the older platted lots in the community that are zoned RS do not meet the 1.5 acre minimum size requirement. In the application, the applicants have provided some of the sizes of the adjacent lots to the subject property. Given the sizes of the adjacent lots, the subject lot is consistent in size to many of these properties. As long as the new single family home was able to meet the requirements for impervious surface, setbacks, shoreland requirements, and site a subsurface sewage treatment system on the site, the application seems to present a reasonable request to allow variance from the minimum lot size requirements. Regarding the Variance requested from the minimum requirement of 20,000 square feet of area suitable for septic (§154.404), it is common that lots that are unable to meet minimum size requirements also are non-compliant with the area requirements for septic systems. In order to build a single family home on such a lot, a Variance is required from the minimum area requirements for septic systems. In the Variance application, the applicants have noted that a septic permit from Washington County is being pursued. It should be noted that the Variance request has been reviewed by Pete Ganzel, Washington County Senior Environmental Specialist. Mr. Ganzel has submitted review comments, found in Attachment #4, noting that the current area being proposed for septic is most likely would not meet the County requirements necessary for a septic system. Until the City receives indication that septic design will be accepted by Washington County and the septic permit will be issued, Staff does not recommend allowing for a variance from the septic area requirements to be granted. As it is critical to ensure that a septic system can be adequately sited on the property for a new single family home, it is not prudent to grant a variance in advance of having greater assurance that a septic design will be approved by Washington County. Allowing for more time to bring resolution to the septic design would allow the applicant to finalize the septic design with Washington County. It should also be noted that a letter of support for the Variance was submitted by a neighboring property owner, Mike and Ruth Schrantz, 5831 Hytrail Ave. N., Lake Elmo, MN. The letter of support is found in Attachment #5. Variance Requirements: An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to City Code requirements can be granted. These criteria are listed below: 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 Page 4 Variance Request; 09.029.21.22.0025 (Hill Trail North) Planning Commission Report; 8/26/13 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. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property 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. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, Staff would offer the following suggested findings specific to the variance that have been requested by the applicant: 1. The applicants have noted that the desire to build a single family home on a lot that is consistent in terms of lot area to the other properties in the neighborhood is a reasonable use not permitted by an official control. Staff determines that this criterion is met. 2. The applicants have noted that the property was owned by the Hansen family before the zoning district requirements were established. The lot is consistent in lot area with other adjacent properties that have single family homes. The establishment of zoning is a circumstance not created by the landowner. Staff determines that this criterion is met. 3. The applicant has correctly noted that the lot is similar or consistent in lot area with most of the existing lots in the neighborhood The construction of a single family home will not alter the essential character of the neighborhood. Staff determines that this criterion is met. 4. The proposed variance will not impair an adequate supply of light and air to property 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. Staff determines that this criterion is met. Conclusions: Staff finds the applicants have met the 4 necessary criteria for a Variance and demonstrated that the desire to construct a single family home represents a reasonable Page 5 Variance Request; 09.029.21.22.0025 (Hill Trail North) Planning Commission Report; 8/26/13 use not permitted by an official control. However, until the City receives better indication that the site will be able to be served by a septic system that is permitted by Washington County, it is not advisable to grant a Variance at this time for the request. It is recommended that more time be allowed to finalize the septic design and receive indication from Washington County that the septic design will be accepted and permitted. Conclusion: Dean and Gayle Dworak, 12325 Upper Heather Ave. N., Hugo, MN, have submitted a request for a variance at 09.029.21.22.0025 (Hill Trail North) to allow the construction of a single family home on a lot that does not meet the minimum lot area requirements to be considered a buildable lot of record. In addition, the request includes a variance from the requirement that each lot in the RS district have 20,000 square feet of area suitable for septic systems. Staff Rec: Staff is recommending that the Planning Commission table the Variance request by Dean and Gayle Dworak until the September 9th meeting to allow for more time to bring resolution to the design of the septic system. In addition, given that new information is likely to be provided, it is recommended that the Planning Commission not close the Public Hearing, but continue the hearing until the September 9th meeting. Approval Motion Template: Staff is recommending that the Planning Commission table the Variance request through the following motion: “Move to table the Variance request at 09.029.21.22.0025 (Hill Trail North) for further consideration at the next available Planning Commission meeting to allow the applicant more time to submit a septic design that will meet Washington County approval.” cc: Dean and Gayle Dworak Paul and Nancy Hansen Page 6 Lake DeMontreville Olson Lake Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN,IGP, and the GIS User Community Data Scource: Washington County, MN 8-22-2013 Location Map: 09.029.21.22.0025 K09.029.21.22.0025 0 200 400100 Feet 1"=200' H ill T r a il N o r t h 50th Street North Planning Commission Date: 08/26/13 Item: 4c Public Hearing ITEM: Variance Request – 3712 Layton Ave. N. SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent MnDOT ______________________________________ SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application from Elmo Inn Enterprises, Inc., P.O. Box 182, Lake Elmo, Minnesota, for a variance at 3712 Layton Ave. N. to allow for a ground sign that would exceed the height and area allowance as permitted under the City’s Sign Ordinance. The proposed ground sign would advertise the Lake Elmo Inn Event Center. BACKGROUND INFORMATION: The applicants are proposing to install a ground sign that exceeds the height and area allowance per the City’s Sign Ordinance. The applicants have cited a lack of adequate area for snow storage in the right-of-way in front of their property as a unique circumstance that meets the required finding to approve a variance. Due to the build-up of snow bank during the winter season, the applicants are requesting a height variance to ensure that the sign that is installed has year-round visibility. In addition to these considerations, the applicants have indicated a need to exceed the area allowance of the ordinance due to the existing character of Trunk Highway 5 (TH-5) and to maintain the correct proportions of the proposed sign. To address the required findings to grant a Variance, the applicants have provided a narrative to address the 4 required criteria. Staff reviewed these findings and found them to be reasonable and satisfactory. Greater detail regarding the review of the Variance request can be found in the attached Staff Report (Attachment #1). RECCOMENDATION: PUBLIC HEARING ITEM 4c – ACTION ITEM 2 Staff is recommending that the Planning Commission recommend approval of the Variance request with the following motion: “Move to recommend approval of the Variance request at 3712 Layton Ave. N. to allow the installation of a ground sign that exceeds the height and area allowance permitted by the City’s Sign Ordinance based upon the findings outlined in the Staff Report.” ATTACHMENTS: 1. Staff Report 2. Variance Application w/Applicant Narrative and Supporting Materials 3. Location Map 4. Site Visit Images 5. Review of Public Works Superintendent ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members PUBLIC HEARING ITEM 4c – ACTION ITEM City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 08/26/2013 Applicant: Elmo Inn Enterprises, Inc. Owner: Elmo Inn Enterprises, Inc. Location: 3712 Layton Avenue North Zoning: GB – General Business Introductory Information Application Summary: The City of Lake Elmo has received an application from Elmo Inn Enterprises, Inc., P.O. Box 182, Lake Elmo, Minnesota, for a variance to allow for a ground sign that would exceed the height and area allowance as permitted under the City’s Sign Ordinance. The new ground sign would advertise the Lake Elmo Inn Event Center. The applicant has provided a written statement to the City indicating the reason for the request. In addition, the applicant narrative addresses how the proposed variance meets the 4 required findings to grant a variance. Property Information: The property at 3712 Layton Avenue North is located on the southwest corner of Layton Ave. and Stillwater Blvd. (TH-5) in Lake Elmo. The attached location map (Attachment #3) shows the location of the property. Applicable Codes: Section 154.212 Sign Regulations Table 5-3 Ground Signs Table 5-3 describes the zoning districts in which ground signs may be displayed, and the maximum height and area of the signs, as determined by the speed limit on the adjacent roadway. For ground signs on zoning lots with more than one street frontage, use the miles per hour on the street with the faster speed limit to determine the maximum height and area allowed. Variance Request; 3712 Layton Ave. N. Planning Commission Report; 8/26/13 Ground Signs Zoning District Aa, LDR, OP, RE, RS, RRa, RTa MDR, HDR BP, C, CC, GB, LC, VMX No. of Total Traffic Lanes Speed Limit (MPH) Max Height/ Area (Sq. Ft.) Max Height/ Area (Sq. Ft.) Max Height/ Area (Sq. Ft.) 1-3 0-34 - 6’/32 10’/32 35-44 - 6’/32 10’/50 45+ - 6’/32 10’/72 4-5 0-34 - 6’/32 10’/40 35-44 - 6’/32 10’/64 45+ - 6’/32 12’/80 Section 154.109 Variances. (A-J) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 1.2 acres Existing Use: Catering/Event Center Existing Zoning: GB – General Business Property Identification Number (PID): 13.029.21.24.0025 Application Review: Variance Review: As outlined in the applicant’s narrative, the applicant is seeking to install a ground sign at 3712 Layton Avenue North that exceeds the heights and area allowed under City Code. Per the requirements of the City’s Sign Ordinance (§154.212), ground signs in 35-44 mile-per-hour zones with 1-3 traffic lanes are not allowed to exceed 10 feet in height and 50 square feet in sign area. The applicant is proposing to install a sign that is 13 feet in height and approximately 68 square feet in area. In In discussing the proposed sign in the context of the City’s Sign Ordinance with City Staff, the applicants noted the following concerns: • Snow Storage: The applicants have noted that there is no ditch to allow for snow storage along Trunk Highway 5 (TH-5) in front of their property. Over the course of the winter, snow banks are consistently created due to plowing, Page 2 Variance Request; 3712 Layton Ave. N. Planning Commission Report; 8/26/13 drifts, and over accumulation. While other properties along TH-5 do have ditches to account for snow storage, the subject property does not. The applicants have noted that a sign that is only 10 feet in height would be obscured during the portions of the winter when the snow banks cause a visual obstruction. • Travel Speeds: The applicants also noted that the average travel speeds along TH-5 are consistently higher than the posted speed limit. The posted speed limit on TH-5 along the downtown stretch of Lake Elmo is 40mph. The City’s Sign Ordinance accounts for sign area and height of ground signs based upon speed limits. This method is used to site the appropriate amount of signage per the context and character of the roadway. However, the applicant’s have stated that the travel speeds and character of the roadway do not match the posted sign limit. They noted that if the posted speed limit was 45mph, which they believe is closer to the actual average travel speeds, the allowed sign area would be 72 square feet. They stated that under a 45mph roadway, the area of the proposed sign would be allowed under the City’s ordinance. • Other Considerations: The applicants also noted other difficulties related to the character of the TH-5 corridor. These difficulties include power/telephone poles/lines along the road and the wide right-of-way (rural section as opposed to urban section). The applicants stated that these other conditions of TH-5 make it difficult for passing vehicles to see pertinent signage and encourage higher travel speeds due to the rural character of the road. After consulting with Staff and discussing the various concerns related to TH-5 and the specific property at 3712 Layton Ave. North, the applicants submitted a Variance application to allow for additional sign height and area than would currently be allowed by the Sign Ordinance. Regarding the circumstance of limited snow storage as stated by the applicants, Staff has conducted multiple site visits to confirm the status of the ditch in front of the property. Photos of the site can be found in Attachment #4, including images of the section of TH-5 in front of the subject property, as well as other areas of TH-5. To confirm the range of size of snow banks that accumulate during a typical winter, Staff consulted with Mike Bouthilet, the Public Works Superintendent. He confirmed that during heavy accumulation and drifts, snow bank can get to a height in the range of 6 feet. The Public Works Superintendent’s review comments can be found in Attachment #5. In addition, representatives from MnDOT, who have jurisdictional control of TH-5, did contact City Staff to report that they had no concerns with the proposed Variance. Regarding the issue of the sign area, the applicants have noted in their application that after increasing the sign height to account for the snow banks, it is difficult to meet the 50 square foot maximum as specified in the Sign Ordinance. The applicants state that narrowing the face of the sign makes the logo distorted and difficult to read. Alternatively, making the logo smaller to account for the narrower sign would make it less visible to passing traffic. In discussion with Staff, the applicants also referenced the average traffic speeds that, in their opinion, consistently exceed the posted speed Page 3 Variance Request; 3712 Layton Ave. N. Planning Commission Report; 8/26/13 limit. Variance Requirements: An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to City Code requirements can be granted. These criteria are listed below: 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. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property 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. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, Staff would offer the following suggested findings specific to the Variance that have been requested by the applicant: 1. The inability of the public to see proposed commercial signage due to conditions along TH-5 represents a practical difficulty for the applicants. The applicants desire to increase visibility of the proposed signage given the existing conditions of TH-5 represents a reasonable use not currently permitted by an official control. Staff determines that this criterion is met. 2. The lack of depth of the ditch in front of the subject property makes it difficult to store snow in a manner that does not obstruct the visibility of the proposed signage, particularly during winters of heavy accumulation. Along with the travel speeds of TH-5, the lack of snow storage represents a unique circumstance not created by the landowner. Staff determines that this criterion is met. 3. The installation of the proposed sign will not alter the essential character of the neighborhood. The proposed sign will replace the existing sign in nearly the same location. In addition, the downtown stretch of Lake Elmo along TH-5 Page 4 Variance Request; 3712 Layton Ave. N. Planning Commission Report; 8/26/13 has numerous signs that are significantly higher than the proposed sign. Staff determines that this criterion is met. 4. The proposed variance will not impair an adequate supply of light and air to property 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. Staff determines that this criterion is met. Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a Variance and have demonstrated that the desire to install a ground sign that exceeds the height and area allowed under the Sign Ordinance is a reasonable use of the property not permitted by an official control. Staff has also confirmed that amount of snow accumulation caused by a lack of depth in the ditch along TH-5 represents a unique circumstance not caused by the property owner. Conclusion: Elmo Inn Enterprises, Inc., P.O. Box 182, Lake Elmo, MN, have submitted a Variance request to allow for the installation of a ground sign that exceeds the height and area allowances permitted by the City’s Sign Ordinance, as shown in the proposed sign. Staff Rec: Staff is recommending that the Planning Commission recommend approval of the Variance request by Elmo Inn Enterprises, Inc., allowing a ground sign as depicted in the Variance application that exceeds the height and area allowance of the City’s Sign Ordinance. Approval Motion Template: Staff is recommending that the Planning Commission recommend approval of the proposed variance through the following motion: “Move to recommend approval of the Variance request at 3712 Layton Ave. N. to allow the installation of a ground sign that exceeds the height and area allowance permitted by the City’s Sign Ordinance based upon the findings outlined in the Staff Report.” cc: John and Christine Schiltz, Elmo Inn Enterprises, Inc. Page 5 1 5 f t s e t b a c k Pr o t e c t i v e a r e a i n g r e y a r o u n d si g n i s 1 3 . 5 f t x 5 f t . Si g n ( g r e e n ) i s 1 0 . 5 f t . x 2 f t . Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN,IGP, and the GIS User Community Data Scource: Washington Co unty, MN 8-22-2013 Location Map: 3712 Layton Avenue North K 456717 456717 Layton Ave. N. 3712 Layton Ave. N.0 300 600150 Feet 1"=300' Si t e  Vi s i t :  37 1 2  La y t o n  Av e .  N.   La k e  El m o  Ev e n t  Ce n t e r  di t c h  lo o k i n g  ea s t   La k e  El m o  Ev e n t  Ce n t e r  di t c h  looking west  Ot h e r  di t c h  ar e a s  on  TH ‐5  Ot h e r  di t c h  ar e a s  on  TH‐5  Si t e  Vi s i t :  37 1 2  La y t o n  Av e .  N.   40  mp h  zo n e  be g i n s  ap p r o x i m a t e l y  35 0  fe e t  to    th e  ea s t  of  th e  La k e  El m o  Ev e n t  Ce n t e r   Te l e p h o n e / p o w e r  po l e s  al o n g  TH‐5  Ex i s t i n g  La k e  El m o  Ev e n t  Ce n t e r  si g n  wi t h   te l e p h o n e / e l e c t r i c a l  li n e s   PLANNING COMMISSION DATE: 8/26/13 AGENDA ITEM: 4D – PUBLIC HEARING CASE # 2013-24 ITEM: Comprehensive Plan Amendment – Wastewater Facilities (Chapter 6) SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Nick Johnson, City Planner Jack Griffin, City Engineer Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider an amendment to Chapter 6 of the Comprehensive Plan concerning wastewater facilities in the community. The proposed amendment would replace the existing Chapter 6 in its entirety. Staff is recommending approval of the amendment as drafted. GENERAL INFORMATION Applicant: City of Lake Elmo Location: N/A – City wide amendment Request: Adoption of revised Chapter 6 – Wastewater Facilities section of the Comprehensive Plan History: Chapter 6 was prepared in 2005 as part of the City’s decennial Comprehensive Plan update. This section was recently updated to add a small portion of the City along Olson Lake Trail to the City’s planned public sewer service area. Deadline for Action: N/A (City-initiated request) REQUEST DETAILS The Planning Commission is being asked to consider an amendment to the Lake Elmo Comprehensive Plan that would revise Chapter 6 – Wastewater Facilities. This amendment has been prepared in order to bring this section of the Comprehensive Plan into conformance with the recently adopted Land Use Chapter, and to specifically incorporate the updated housing, population, and employment projections from the land use section. The purpose of the wastewater facilities plan is to develop a strategy for providing sanitary sewer services throughout the community. In Lake Elmo, this includes planning for: 1) the proposed areas to be served by the regional sewer system managed by the Met Council, 2) the City-owned and managed 201 community septic systems built by the City using federal grant funds in the 1980’s, 3) the City’s wetland treatment systems that provide services PUBLIC HEARING ITEM 4d – ACTION ITEM 2 for many of the OP – Open Space Preservation developments, and 4) the private treatment systems that service individual homes and businesses in the community. When the City adopted a revised Land Use Plan earlier this year, it included updated population, household, and employment projections based on a revised agreement with the Metropolitan Council concerning these numbers. In essence, the City received relief from its previous agreement with the Met Council, which called for sewered development to start occurring as soon as 2006 and with a very rapid pace of development occurring in each subsequent year. As part of the recently updated Memorandum of Understanding between the City and the Met Council, the earliest development target date has been moved back to 2015 and the previous forecasts in term of households and employees being added each year have likewise been re-adjusted throughout the 20-year planning period between 2010 and 2030. The revised numbers were adopted in the 2013 Land Use Plan; however, the City has not yet updated the new forecast numbers in other sections of the Comprehensive Plan. The section of the Comprehensive Plan that most heavily relies on the household and employee numbers is the Wastewater Facilities chapter. The City is required to include a projection of Residential Equivalency Connections (or REC units) being added to the regional system each year in the plan, which is then used to estimate the projected flows into each of the Met Council’s regional interceptors that will be accepting this flow. All of these numbers (described in detail in Table 6-A and Table 6-B) in the plan have now been updated by Staff to be consistent with the projections used in the land use chapter. The overall forecast of 6,600 REC units within the community, which includes new development within the Village area and I-94 corridor in addition to existing homes in the Village and the Cimarron manufactured housing park, matches the number of future REC units in the Land Use Plan that has been calculated for each year until 2030. Please note that Staff has reformatted the entire chapter to follow the design and layout of the City’s recent Comprehensive Plan amendments, and has made other minor modifications to bring this section of the Plan up-to-date. Some of the more significant changes include the following: • All dates have been updated to reflect the revised time schedule for development activity. • The approved Olson Lake Trail amendments have been incorporated into this document. • The REC forecast table and projected flows by interceptor now include all existing homes and business that will be served by the regional system. • References to the Washington County Subsurface Sewage Treatment System regulations have been added where appropriate. • The wetland treatment systems table has been updated to include subdivisions approved after 2005. • The list of City-owned treatment systems has also been updated to reflect current conditions. • All maps have been revised for consistency with other sections of the Comprehensive Plan. This Wastewater Facilities section of the Comprehensive Plan is being brought forward at this time in part because the Met Council has deemed the City’s Village Plan Amendment submission incomplete without the updated sewer forecasts included with this amendment. Upon approval and submission of this amendment, the Met Council will be able to continue its review of the City’s Village plans. REVIEW AND ANALYSIS PUBLIC HEARING ITEM 4d – ACTION ITEM 3 The City Engineer has been asked to review the proposed amendment and any recommended modifications have been incorporated into the document. This section of the Comprehensive Plan is critical to have in place as the City will not be allowed to connect to the regional treatment system without the updated information contained in this plan. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed amendment to Chapter VI of the Comprehensive Plan (Wastewater Facilities) as presented. Suggested motion: “Move to recommend approval of the amendment to Chapter VI of the Comprehensive Plan as drafted” ATTACHMENTS: 1. Draft Comprehensive Plan Amendment – Chapter VI: Wastewater Facilities ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members PUBLIC HEARING ITEM 4d – ACTION ITEM Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities WASTEWATER FACILITIES Sanitary Sewer System Background The City of Lake Elmo's sewer plan is based on the Memorandum of Understanding approved by the City of Lake Elmo and the Metropolitan Council dated January 27, 2005 and as subsequently amended. This plan meets the intent of that agreement and has been drafted to comply with the housing, population, and employment projections as incorporated into the Land Use Plan. Existing Sanitary Sewer The Southeast 1/4 of Section 33 is within the Metropolitan Urban Service Area (MUSA) Boundary at this time. By agreement with the City of Oakdale this area discharges to a City of Oakdale sanitary sewer main in Hudson Boulevard. From there it enters the WONE interceptor. Under the agreement with the City of Oakdale, Lake Elmo is limited to the amount it can discharge. Sanitary Sewer Plan The MCES plans to extend a new sewer connection for the City of Lake Elmo to serve the east 1/2 of Section 33 and all of Section 34. The connection will be near the City's existing lift station, and that lift station will continue to be active and maintained by the City. Additionally, the MCES will extend the Cottage Grove Ravine interceptor to serve the remainder of the City south of 10th Street and the Village Planning Area. The City will install a lift station-forcemain system to covey wastewater to the MCES interceptor from the Village Planning Area. This lift station-forcemain system will be designed to serve the planned 900 new housing units and approximately 200 existing housing units. The City plans to build this system in 2013. Sanitary sewer service will also be initiated to serve portions of the City south of 10th Street beginning in 2013 by extending gravity sewer in two locations. In the southeast side of Lake Elmo, gravity sewer will be connected to the MCES Cottage Grove Ravine Meter Station in Lake Elmo, and extended north to support development in the immediate area of the sewer main. In the southwest side of Lake Elmo, a gravity sewer and lift station-forcemain system will be constructed to support development in the remaining east ½ of Section 33 and in Section 34. The existing units in the Cimarron manufactured home park will be served by regional sewer between 2020 and 2030. This flow is included in the forecasts. Cimarron will need to install a lift station in order to be served by regional sewer. The existing homes and businesses in the Village Planning Area of Lake Elmo are assumed to be served by regional sewer between 2013 and 2030. That flow has also been included in the forecasts. DRAFT 8/26/13 VI – 1 Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities The City has identified an area along Olson Lake Trail in the Tri-Lakes area that will be served with public sanitary sewer via an extension from the City of Oakdale. A sanitary sewer services agreement has been entered to facilitate this extension. The City of Lake Elmo will work with the City of Oakdale to connect existing homes as public projects occur or as when otherwise feasible to make these connections. Requirements for Areas Served by the Regional System Community Forecast for Areas Served by Regional Sewer Service (REC Units) The following table provides projections of future sewer units (REC units) that will connect to the regional interceptors, including all new sewer units and any existing units that are projected to connect into the system. Table 6-A Forecast of Lake Elmo REC Units by Sewer Interceptor Year New REC Units Existing REC Units Total WONE Cottage Grove WONE Cottage Grove 2010 0 0 100 0 100 2011 0 0 100 0 100 2012 0 0 100 0 100 2013 0 0 100 0 100 2014 60 40 100 0 200 2015 375 140 100 0 615 2016 520 326 130 20 996 2017 665 512 160 40 1377 2018 810 698 190 60 1758 2019 955 884 220 80 2139 2020 1100 1070 250 100 2520 2021 1200 1270 270 150 2890 2022 1300 1470 290 200 3260 2023 1400 1670 300 367 3737 2024 1500 1870 300 533 4203 2025 1600 2070 300 700 4670 2026 1600 2456 300 700 5056 2027 1600 2842 300 700 5442 2028 1600 3228 300 700 5828 2029 1600 3614 300 700 6214 2030 1600 4000 300 700 6600 DRAFT 8/26/13 VI – 2 Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities Sanitary Sewer Plan Map The Sewer Staging Plan Map (Map 6-1) shows sewer service staging in three phases in accordance with the Land Use Plan. The staging plan will be revised to reflect any future updates to the Memorandum of Understanding between the City and the Metropolitan Council. The Sewer Service Area – Tri Lakes Map (Map 6-2) shows the sewer service area for existing homes to be provided with service along Lake Olson. There is no specific time frame identified for this area, but connections are expected to begin in 2013. Projected Flows for Each MCES Interceptor Service Area (MGD) Table 6-B Projected Flows by Interceptor (MGD) Year WONE Cottage Grove Totals 2010 0.03 0.00 0.03 2014 0.04 0.01 0.05 2015 0.13 0.04 0.17 2016 0.18 0.09 0.27 2017 0.23 0.15 0.38 2018 0.27 0.21 0.48 2019 0.32 0.26 0.59 2020 0.37 0.32 0.69 2025 0.52 0.76 1.28 2030 0.52 1.29 1.81 Flows are based on 1 residential equivalent unit = 274 gallons per day DRAFT 8/26/13 VI – 3 1 1 23 Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User CommunityRegional Sewered Staging Plan K §¨¦94§¨¦94 00.510.25 Miles Data Scource: Washington County, MN 8-16-13 Stage 1 Stage 3 Stage 2 456710 456715 456713 456717 456710 456719 456715 456717 456714 456713 456717 Map 6-1 La k e E l m o Lake JaneOlson Lake L a k e D e M o n t r e v i l l e Lake DeMontreville Lake Olson OL S O N L A K E T R L N H I L L T R L N 50TH ST N HIDDEN BAY TRL N H I L L T O P A V E N HI G H L A N D S T R L N DEER POND TRL N JA C K P I N E T R L N WINDBREAK TRL N 53RD ST N HILL TRAIL CT N Sewer Service Area - Tri Lakes Lake Elmo Comprehensive Plan Update Map Date: April 22, 2013 E 02505007501,000125Feet Future Public Sewer Service Area Map 6-2 Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities Land Use Plan Map The general plan for providing sanitary sewer to the planned service areas is described in Map 6-3. City Goals, Policies and Strategies Concerning Infiltration and Inflow The City of Lake Elmo’s goal is to have no inflow or infiltration into its sewer system, and to attain the goal of preventing and reducing excessive infiltration and inflow into the local sewer system the City will observe the following procedures: • All sewer mains will be air tested in accordance with the Minnesota City Engineers Association Standards for Utility Construction. • All new sewer mains will be televised. • Homes and businesses will be checked for sump pump discharge into the sewer system prior to issuance of a Certificate of Occupancy. • The City will monitor its actual sewer flows during storm events to see if there is an increase in sewer discharge. • The City will develop a schedule to inspect and clean all sewers. Should excessive inflow and infiltration be a concern in the future, the City will adopt additional policies to remedy the situation. Requirements for Areas Not Served by the Regional System Description of the City’s Current Management Program The City has adopted Chapter 4: Subsurface Sewage Treatment System Regulations of the Washington County Development Code by reference. A copy of the City's Ordinance and a description of the SSTS monitoring system are included as an Appendix. Washington County currently monitors SSTS installations and administers the code for the City. Cimarron Manufactured Home Park operates and maintains a packaged treatment plant with a capacity of 0.15 MGD. There is a State permit for this facility. Map of Existing Public Septic Systems Map 6-4 entitled Existing 201 Common Wastewater Systems identifies the City’s existing public septic systems. Conditions Under Which Septic Systems Are Allowed Septic Systems are allowed for all land uses within the City outside of the planned sewer service areas in accordance with Chapter 4: Subsurface Sewage Treatment System Regulations of the Washington County Development code as adopted by reference by the City of Lake Elmo. Capacity and Flows to Public and Private Septic Systems The capacity and flows to public and private septic systems are listed in Table 6-C and Table 6-D. DRAFT 8/26/13 VI – 6 La k e E l m o Lake JaneOlson Lake L a k e D e M o n t r e v i l l e #* # # # # ### #* #* # ## ")") # Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User CommunityFuture Land Use - Sewer Plan Map 6-3 Data Source: Washington County, MN 8-19-13 Village Open Space Overlay Municipal Boundary White hatching denotes possible mixed use areas Planned Land Uses Commercial Business Park Urban High Density Urban Low Density Urban Medium Density Village Mixed Use Village Urban Low Density Village Urban Medium Density Rural Area Development Rural Single Family Public/Park K 0 10.5 Miles WONE Interceptor Cottage Grove Ravine Interceptor 456713 456710 456719 456717 456715 456717 456714456713 MCES Interceptor #*Lift Station ") Gravity Sewer Forcemain Sewer Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities Private Community Wastewater Treatment Systems Map 6-5 Private Community Wastewater Treatment Systems shows the privately owned sewage treatment systems that have been constructed in the City. These private systems have been built since 1998. The city at the time decided to allow “performance based” sewage treatment systems, in accordance with Minnesota Rules 7080. To date, all of these private systems are located in new residential subdivisions. The homeowners within these new subdivisions are responsible for ownership, operation and maintenance. The Private Community Wastewater Treatment Systems consist of “wetland treatment systems” or “community drainfield systems”. Systems over 10,000 gallons per day have a State Disposal Permit. A list of the Private Community Wastewater Treatment Systems are incorporated as part of Table 6-C. Table 6-C Private Community Wastewater Treatment Systems Subdivision Number of Homes Design Flow (GPD) State Permit Fields of St. Croix 135 35,589 Yes Tana Ridge 20 5,841 Yes Tamarack Farm Estates 20 4,000 No Hamlet on Sunfish Lake 41 8,200 Pending Prairie Hamlet 14 2,800 No Wildflower Shores 25 3,600 No Carriage Station 111 44,875 Yes Whistling Valley (I-III) 46 20,000 Yes Tapestry 67 25,125 Yes Farms of Lake Elmo 33 12,375 Yes Discover Crossing 28 9,045 No St. Croix’s Sanctuary 62 20,000 Yes Hidden Meadows Church & 25 Homes 13,375 Yes City-Owned 201 Wastewater Treatment Systems In the late 1980’s, the City of Lake Elmo participated in the Federal 201 program which provided grant funds to help communities build shared wastewater treatment systems. The City of Lake Elmo designed and constructed eight (8) 201 shared wastewater treatment systems under this program to replace failing septic systems on private property. The systems provided individual septic tanks for private DRAFT 8/26/13 VI – 8 Lake Elmo Comprehensive Plan Chapter VI – Wastewater Facilities properties with shared wastewater drain fields and were constructed in the Old Village and Tri-Lakes areas. Map 6-5: Existing 201 Shared Wastewater Treatment Systems shows the location of these systems, which include the following facilities: Table 6-D City-Owned 201 Wastewater Treatment Systems Facility Number of Connections Design Flow (GPD) Old Village Remote A 6 3,750 Old Village Remote B 6 2,700 Old Village Remote C 8 1,500 Old Village Remote D 6 4,440 Tri-Lakes Remote A 1 450 Tri-Lakes Remote B 3 1,500 Tri-Lakes Remote C 2 600 Tri-Lakes Remote D Tri-Lakes Remote E 3 1 1,350 450 Future Sewer Plans The City has no plans to expand the area served by the Regional Sewer System outside of the areas shown in Map 6-1 Sewer Staging Plan Map except for those areas specified in the Tri-Lakes area and depicted on Map 6-2 Sewer Service Area – Tri Lakes Map. The City will continue to work with the City of Oakdale to potentially extend sewer services into the Tri-Lakes area to serve the future service areas identified in this map. Within the planned Regional Sewer System, the City will abandon all City-owned septic systems in the Village Area at the time of connection to sanitary sewer. The City does not plan to construct a local sewage treatment plant. Private sewage treatment systems may be constructed in new residential developments by developers as necessary outside of the areas that have been guided for public sanitary sewer services. The installation of new private systems will occur at the time new homes are built. DRAFT 8/26/13 VI – 9 Map 6-4 Map 6-5 Discover Crossing .. St. Croix's Santurary.Hidden Meadows