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Home My WebLink AboutPZ Packet 10-10-12 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 777-5510 www.lakeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Wednesday, October 10, 2012 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. September 24, 2012 4. Public Hearing a. CONDITIONAL USE PERMIT, 11200 STILLWATER BLVD. Mr. Aaron Koen, owner and operator of Renew Recover Massage Therapy, has applied for a conditional use permit in order to open a therapeutic massage business at 11200 Stillwater Blvd. N. Under the Lake Elmo Zoning Ordinance, therapeutic massage is a permitted as a conditional use. 5. Business Items a. DESIGN STNADARDS MANUAL UPDATE. The Planning Commission will receive an update regarding the ongoing work undertaken by Staff to draft design standards for the I-94 Corridor and Village. 6. Updates a. City Council Updates i. The City Council approved Ordinance 2012-63, amending the Shoreland Ordiannce to reduce the setback for water-oriented accessory structures to 10 feet from the Ordinary High Water Level. b. Staff Updates i. Upcoming Meetings: 1. October 22, 2012 c. Commission Concerns 7. Adjourn City of Lake Elmo Planning Commission Meeting Minutes of September 24, 2012 Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Williams, Obermueller, Haggard, Fliflet, and Bloyer; COMMISSIONERS ABSENT: Hall STAFF PRESENT: Planning Director Klatt Approve Agenda: M/S/P: Williams/Fliflet, motion to approve the agenda as presented; motion carried, vote: 5‐0. Approve Minutes: M/S/P: Fliflet, Haggard motion to accept the minutes from the September 10, 2012 meeting as presented. Chairman Williams requested that several corrections be made to the minutes. M/S/P: Williams, Fliflet motion to amend the minutes with corrections as noted; motion carried, vote: 4‐0 with one abstention. Public Hearing: Shoreland Ordinance Amendment – Water‐Oriented Accessory Building Setbacks Planning Director Klatt presented proposed amendments to the Shoreland Ordinance that would allow water‐oriented accessory structures to be set back a minimum of 10 feet from the Ordinance High Water Level of recreation lakes. The ordinance presently requires that such structures maintain a minimum setback of 20 feet. He noted that the proposed ordinance amendment would bring the City’s requirements into conformance with the State rules for shoreland areas. Chairman Williams opened public hearing at 7:15 p.m. Lake Elmo Planning Commission Minutes; 9‐24‐12 Klatt summarized a letter that had been submitted by the Valley Branch Watershed district noting the district’s requirements for shoreland buffers. There were no additional public comments. 2 Lake Elmo Planning Commission Minutes; 9‐24‐12 Chairman Williams closed the public hearing at 7:18 p.m. Fliflet stated that the proposed change could be a good thing, for example, to preserve trees on the site and to provide some additional flexibility for building placement. Bloyer noted that he owns a shoreland lot and that the reduced setback would allow him to build a water‐oriented structure closer to the lake while preserving two large trees on his property. M/S/P: Fliflet, Haggard; motion to recommend approval of the amendment to reduce the required setback for water‐oriented accessory structures with the Shoreland District to a minimum of 10 feet from the Ordinance High Water level of recreation lakes. Motion carried, vote 5‐0. Business Item: Village Planning Update Klatt presented an update to the Planning Commission concerning the activities of the Village Planning Work Group. He noted that the work group had recently conducted a town hall meeting to present some of the work that has been accomplished in preparation of a major updated to the Comprehensive Plan for the Village area. Klatt reviewed the land use plan that has been endorsed by the work group, and reviewed potential locations for a village green that had been considered by the group. He explained that staff is presently working on a formal Comprehensive Plan amendment that will be presented to the Planning Commission in the near future. Williams asked how the proposed mixed use zoning for the Village area would differ from the proposed mixed use areas along the I‐94 Corridor. Klatt responded that the I‐ 94 district primarily included mixed use areas as a way to promote flexibility within the overall development areas, but that a special mixed use district has not been proposed for the corridor. He noted that a mix of uses could be allowed through a Planned Development. The Village mixed‐use would be much more unique and promote a more integrated and district‐wide approach to land use. Bloyer asked why the City could not lower the ranges that are being used for the variance residential land uses, for example, why the 5‐7 units per acre in medium density zones could not be lowered to 2‐7 units per acre. Klatt noted that staff has used the lower number in the ranges to estimate household and population totals, and that these are the numbers that demonstrate compliance with the Met Council Memorandum of Understanding. Haggard questioned what would happen if all development occurred at the upper range allowed in the land use plan. Klatt explained that the City would have the ability to reject land use applications that exceeded the area‐wide densities specified in the plan. 3 Lake Elmo Planning Commission Minutes; 9‐24‐12 Haggard noted that the Comprehensive Plan did specify a maximum number of 15 units per acre in the high density planning areas. Bloyer asked why development could not be extended out to Manning Avenue in order to provide more opportunities for green space within the Village Planning areas. Klatt noted that one of the key concepts of the Village Plan was the creation of a green belt buffer area around the Village center. Haggard questioned what would happen if housing was developed in advance of the City proceeding with development of the village green and other parkland. Klatt stated that the Village Green would need to be planned and secured in conjunction with any decisions regarding a larger ballfield or recreation complex. Williams indicated that the existing playground within Lions park is heavily used and that a playground should be preserved as part of any future development. Fliflet noted that any new development would need to provide for neighborhood parks. Klatt explained that staff is still reviewing ways to require park and open space preservation within the Village planning area. There was a general discussion concerning the availability of sewer and the expected timing for future improvements. Obermueller suggested that a referendum could be one source of funding for acquisition of open space within the Village. Bloyer asked if the City Attorney has been reviewing the proposed land use plans. Klatt explained that the attorney has not been specifically asked to review the proposed plans, but has been sent drafts for review. He explained that the attorney’s office would likely be involved in reviewing specific implementation measures. Williams questioned the potential realignment of County Highways 5 and 14 and whether or not this realignment was still part of the plans. Klatt explained the realignment has been removed from the plan based on feedback from the pubic open house and from members of the business community. Haggard stated that the current situation on Highway 5 is very unsafe, especially for people that are crossing the highway near the high school. Obermueller asked if there were any statistics concerning the number of crashes occurring at the new Highway 5 and Jamaca Avenue round‐a‐bout. There was a general discussion concerning the town hall meeting and the comments that were received at this meeting. 4 Lake Elmo Planning Commission Minutes; 9‐24‐12 City Council Updates Klatt explained that the City Council adopted and codified the new sewered zoning districts and supporting amendments at is last meeting, and that these amendments will become effective in the near future. Staff Updates Klatt noted that the next Planning Commission will be moved to a Wednesday evening on October 10th. Commission Concerns Williams asked about the status of new applicants for the Planning Commission. Klatt indicated that the City has taken steps to advertise for the Commission and that there have been at least two applications submitted to date. Adjournment at 8:37pm Respectfully submitted, Kyle Klatt Planning Director Planning Commission Date: 10/10/12 Item: 4a Public Hearing ITEM: Conditional Use Permit – Mr. Aaron Koen for 11200 Stilwater Blvd. N. Suite 240A SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director ______________________________________ SUMMARY AND ACTION REQUESTED: Mr. Aaron Koen is requesting a Conditional Use Permit (CUP) to practice therapeutic massage at 11200 Stillwater Blvd. N. Under the Lake Elmo Zoning Ordinance, therapeutic massage is permitted in the General Business (GB) zoning district as a conditional use. The applicant runs a therapeutic massage business called Renew Recover Massage Therapy. BACKGROUND INFORMATION: The location for the proposed use currently has several tenants who operate allowed uses under the GB zoning district. These tenants include insurance agents and other office related uses. Mr. Koen has noted in his narrative that his business would include a traffic increase of at most 16 vehicles over the course of a 14 hour work period. Staff believes that the existing parking lot and access road is more than adequate to handle this traffic. It should also be noted that the owner of the property, Mr. Dean Flackey, has signed the application as a co-applicant, demonstrating his support for the proposed use. Under the provisions of a CUP, five criteria must be met in order to approve the conditional use. The five criteria are the following: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands. 2. Traffic & Parking conditions. 3. Effects on utility and school capacities. 4. Effect on property values of surrounding lands. 5. Effect of the proposed use on the Comprehensive Plan. After evaluation, found in the detailed Staff Report, Staff determined that all of the criteria were met in evaluating the proposed use. PULIC HEARING ITEM 4a – ACTION ITEM 2 Finally, in response to previous applications for therapeutic massage and subsequent reviews of those businesses in the past years, Staff has come to the conclusion that a Conditional Use Permit is not the best mechanism of review. If the City wants to ensure that the proposed massage business has all of the required certifications and insurance, then Staff recommends drafting a massage ordinance that requires that these businesses obtain a license or permit from the city. Therefore, therapeutic massage would no longer be a conditional use, but a permitted use requiring a permit or license from the city. Staff has found that this method of review is consistent with other cities in the surrounding area. If the Planning Commission chooses to follow this approach, then a motion must be made to pursue a zoning text amendment to change therapeutic massage from a conditional use to a permitted use. As part of this action, Staff would present the massage ordinance that would outline the licensing requirements for future therapeutic massage businesses. RECCOMENDATION: Staff is recommending that the Planning Commission approve the request for a Conditional Use Permit with the following motion: “Move to approve the Conditional Use Permit, allowing therapeutic massage at 11200 Stillwater Blvd. N. Suite 240A.” In addition, Staff recommends that the Planning Commission initiate a zoning text amendment with the following motion: “Move to initiate a zoning text amendment to amend §154.051, changing therapeutic massage from a conditional use to a permitted use with the necessary licensing.” ATTACHMENTS: 1. Detailed Staff Report 2. Land Use Application 3. Applicant Narrative 4. Site Diagram 5. Applicant’s Professional Certifications 6. Applicant’s Liability Insurance ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members PULIC HEARING ITEM 4a – ACTION ITEM 3 PULIC HEARING ITEM 4a – ACTION ITEM - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission................................ Chair & Commission Members City of Lake Elmo Planning Department Conditional Use Permit Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 10-10-12 Applicant: Aaron Koen Owner: Dean Flackey Location: 11200 Stillwater Blvd. N. Suite 204A Zoning: GB Introductory Information Requested Conditional Use Permit: The applicant is seeking to allow therapeutic massage at his proposed establishment, Renew Recover Massage Therapy, located at 11200 Stillwater Blvd N. Property Information: There is not an existing CUP for the site as to staff’s knowledge; the uses within the multi-tenant building are permitted. Applicable Codes: Section 300.06 Administration. Subd 4. Conditional Use Permits. Outlines the general requirements for all conditionally permitted uses in Lake Elmo. Section 150 Definitions “Therapeutic Massage The process by which a practioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body. Adjunctive therapies may include (1) Application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs; (2) the use of mechanical devices and tools which mimic or enhance manual actions; and, (3) instructed self-care and management. Massage therapy shall not include techniques traditionally practiced by chiropractors. Therapeutic Massage shall be performed only by a person who has provided the City with proof of Professional Liability Insurance and/or National Certification.” [sic] CUP Request; Renew Recover Massage Therapy Planning Commission Report; 10-10-12 Findings & General Site Overview Site Data: Lot Size: 1.5 acres Existing Use: Multi-tenant commercial building Existing Zoning: GB Property Identification Number (PID): 13-029-21-22-0016 Application Review: Existing Conditions: There are several commercial tenants at 11200 Stillwater Blvd. N., including offices of multiple insurance agencies and other businesses. CUP Review: The following review of the CUP application is for the therapeutic massage as proposed for the Renew Recover Massage Therapy business. Reviewing this request requires that all general CUP criteria be examined. For these types of applications, the burden is on the City to show why the use should not be permitted due to impacts that cannot be controlled by reasonable conditions. Impacts the City must review are as follows: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands. 2. Traffic & Parking conditions. 3. Effects on utility and school capacities. 4. Effect on property values of surrounding lands. 5. Effect of the proposed use on the Comprehensive Plan. Conditional Use Permit Criteria: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands. The property at 11200 Stillwater Blvd. N. has an existing multi-tenant building on the property and is utilized as a general business location. Other businesses at the site are State Farm Insurance, American Family Insurance, and other offices. The property to the west is occupied by Fury Motors car dealership. The property immediately to the east contains the Lake Elmo Pharmacy and Curves, among other users. Therefore, the users adjacent to the proposed business are consistent with a service business similar to the one proposed. Therapeutic massage as defined by the city code shall be performed only by a person who has provided the city with proof of Professional Liability Insurance and/or National Certification. This assists the city in ensuring qualified professionals are employed. Mr. Koen has documented his liability insurance and national certification. Page 2 CUP Request; Renew Recover Massage Therapy Planning Commission Report; 10-10-12 Therefore, Staff finds this criterion is met. 2. Traffic & Parking conditions. There are currently 42 parking stalls located at 11200 Stillwater Blvd. The applicant has noted that his business generates at most 16 vehicles per day over the course of a 14 hour day of operation. The amount of traffic and parking associated with the proposed use would be consistent with the adjacent tenants located at 11200 Stillwater Blvd. N. Therefore, Staff finds this criterion is met. 3. Effects on utility and school capacities. A therapeutic massage use may have minimal impacts on the existing utilities at the site. The utilities are already established for the site and would not be greatly impacted by this use. The proposed use of therapeutic massage would have no impact on the school capacities. Therefore, Staff finds this criterion is met. 4. Effect on property values of surrounding lands. The proposed therapeutic massage would be required as outlined in the definition, to provide the city with proof of Professional Liability Insurance and/or National Certification. These requirements assist the city in ensuring qualified professional services on the site. Given the small scale of the service, the surrounding land values would not be depreciated due to this use. Therefore, Staff fined this criteria is met. 5. Effect of the proposed use on the Comprehensive Plan. The property at 11200 Stillwater Blvd. N. is currently utilized for general business purposes. The Comprehensive Plan guides the property for general business use in the future. The City Code allows for such a use to be conditionally permitted on this site. Staff finds this criterion is met. Conditional Use Permit Conclusions: Based on the above analysis of the review criteria in City Code, Staff would recommend approval of the conditional use permit request to allow therapeutic massage at 11200 Stillwater Blvd. N. Suite 240A, based on the following: 1. The use would not negatively affect the health, safety, morals, convenience, or general welfare of surrounding lands. 2. It would not affect traffic or parking conditions on the site over the available capacity. 3. The use would have no effect on utility or school capacities. Page 3 CUP Request; Renew Recover Massage Therapy Planning Commission Report; 10-10-12 Page 4 4. The proposed use would have no effect on property values of surrounding lands. 5. The use would be consistent with the Comprehensive Plan. Resident Concerns: Staff is not aware of any concerns surrounding the requested conditional use permit. According to the applicant’s submittals, the property owner has signed the conditional use permit application, demonstrating his approval of the use. Additional Information: None Conclusion: The applicants are seeking approval of the following conditional use permit application: To allow therapeutic massage at Stillwater Blvd. N. Suite 240A Staff Rec: Staff is recommending approval of the conditional use permit request to allow therapeutic massage at 11200 Stillwater Blvd. N. Suite 240A based on the following: 1. The use would not negatively affect the health, safety, morals, convenience, or general welfare of surrounding lands. 2. It would not affect traffic or parking conditions given the use has existed on the site for one year and no complaints were received. 3. The use would have little or no effect on utility or school capacities. 4. The proposed use would have no effect on property values of surrounding lands. 5. The use would be consistent with the Comprehensive Plan. Approval Motion Template: To approve the request, you may use the following motion as a guide: “Move to approve the requested conditional use permit for therapeutic massage at 11200 Stillwater Blvd. N. Suite 240A” cc: Aaron Koen, Co-applicant Dean Flackey, Co-applicant Planning Commission Date: 10/10/12 Item: 5a Business ITEM: Design Standards Update SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Planning Director ______________________________________ SUMMARY AND ACTION REQUESTED: The Planning Commission will receive an update regarding the progress made by Staff in drafting design standards for future development in the I-94 Corridor and Village. This item does not require any action by the Planning Commission at this time. BACKGROUND INFORMATION: Regarding the ongoing work related to design standards, Staff has three primary updates: 1. Work on completing the first draft of the design standards for high density residential, commercial, business park, and mixed-use development is half-way complete at this point. Staff will bring forth the baseline draft to the Planning Commission once it is complete. 2. The City has had discussions with Damon Farber and Associates (DFA) to complete some theming work for the City of Lake Elmo. This work would be primarily focused on streetscape design and amenities, as well as attempting to build linkages between the future development in the Village and I-94 Corridor. The Village Work Group met with DFA President Tom Whitlock to discuss the proposal and showed unanimous support for the work. As this work is conducted, applicable elements and themes will be incorporated into the design standards where appropriate. 3. In order to get more input and knowledge from the development community, Staff is considering hosting a workshop focused on design standards. This would give members of the Planning Commission, Work Groups, and others an opportunity to interact with developers and ask questions about specific design elements or standards related to site or building design. Staff believes that the development community adds definite value to this process, and the workshop would be intended to utilize their knowledge, thereby making the design standards more clear and effective. BUSINESS ITEM 5a 2 BUSINESS ITEM 5a As work on design standards progresses, Staff will continue to provide the Planning Commission with updates. Once the design standards manual is completed, the Planning Commission will hold a public hearing on the matter. RECCOMENDATION: No action is required at this time. ATTACHMENTS: None ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Discussion by the Commission ......................... Chair & Commission Members