HomeMy WebLinkAboutPZ Minutes; 6-9-14Lake Elmo Planning Commission Minutes; 6-9-14
City of Lake Elmo
Planning Commission Meeting
Minutes of June 9, 2014
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Williams, Dodson, Kreimer, Larson, Dorschner and
Lundgren.
COMMISSIONERS ABSENT: Morreale, Haggard and Yocum;
STAFF PRESENT: Community Development Director Klatt, City Planner Johnson and
Intern Casey Riley.
Approve Agenda:
The agenda was accepted as presented.
Approve Minutes: May 28, 2014
M/S/P: Dodson/Kreimer, move to approve the minutes as presented, Vote: 4-0, motion
carried, with Williams and Lundgren not voting.
Public Hearing: Wildflower at Lake Elmo-PUD and Concept Plan and Comprehensive Plan
Amendment
Klatt started his presentation by explaining why the applicant, Robert Engstrom
Companies, is applying for a planned development, as well as why the request includes
an amendment to the Comprehensive Plan. Klatt noted that the Planning Commission
reviewed a sketch plan of the proposed development at a meeting in April. Klatt
presented the project highlights, noting the project includes 145 single family lots on +/-
117 acres. Moving forward, Klatt explained the key changes to the plans since it was
reviewed in April. He noted that the access to Trunk Highway 5 was removed. In
addition, storm water management facilities were moved from the northeast portion of
the development to the southeast along TH 5. Klatt also noted that the applicant has
engaged several of the adjacent neighbors, who have noted concern about buffering.
Also, Klatt highlighted the specific areas that require amendments to the City’s
Comprehensive Plan.
To summarize the staff report, Klatt noted the various subjects that were included in the
review of the PUD Concept Plan, including Comprehensive Plan and Zoning
amendments, Conservation Easements, storm water management, sewer service and
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access roads. He highlighted some key issues that relate to Conservation Easements and
identified the outlots within Fields of St. Croix II that are pertinent to the discussion.
Moving on to the request for the planned development, Klatt noted that the request for
smaller streets in targeted areas to serve as internal streets and the request for smaller
minimum lot areas led to the decision to proceed with a planned development
application. To wrap up his presentation, Klatt briefly touched on the recommended
conditions of approval. He also highlighted proposed findings of fact as they relate to
the required findings for planned developments under the City’s PUD Ordinance.
Dodson asked who owns the other outlots in Fields of St. Croix. Klatt noted that the
applicant owns some, and the Home Owners Association owns others. Dodson asked if
the City is inspecting or monitoring the areas for which they hold the conservation
easements. Klatt noted that they address concerns over conservation easements
through complaints. Dodson asked about the internal narrow streets. Klatt explained
the perspective of the City Engineer.
Kreimer asked what the distance between the proposed homes and the existing
properties in Outlot P. The applicant noted that the distance ranges from 140 feet to
180 feet.
Williams asked about the flood plain in the area to the north, specifically inquiring if
homes could be built there. Klatt noted that the area is likely flood fringe, and homes
could be built there as long as they were above the regulatory flood protection
elevation. Williams noted that the Engineer stated in his memo that the internal narrow
streets should be private, but Klatt noted that staff is recommending that they be
public. Klatt provided further background information and explained the compromise
that was reached between the applicant and the City Engineer. Williams asked about a
proposed emergency access located in the southwest cul-de-sac. Klatt noted that the
Engineer would recommend that this emergency access not be provided, as the cul-de-
sac provides sufficient emergency access. Williams asked if storm water ponds are
typically allowed in conservation easements. Klatt noted that they are allowed. To
wrap up his questions, Williams asked Klatt what the City is gaining by allowing
flexibility. Klatt noted in his opinion the City is gaining a development that is more
consistent with the vision for the Village Land Use Plan with smaller lots, greater
pedestrian facilities and a more grid-like pattern.
Bob Engstrom, Robert Engstrom Companies, presented his vision for the Wildflower at
Lake Elmo subdivision. He discussed the locations of the flood plain and noted that
many of these areas would never flood. Engstrom noted that they are committed to
bio-retention swales and other innovated storm water techniques. In addition, they are
hoping to push as much storm water north as possible to relieve the volume of drainage
that flows to Downs Lake sub-watershed. Engstrom then discussed how they came to
the vision of the shared courtyards, sharing experiences from a project they completed
in St. Paul.
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Jerry Mazerra, project architect, discussed the vision of the main boulevard. He noted
that the pedestrian facilities are intended to be a main highlight of the neighborhood.
The pedestrian facilities will provide circulation throughout the neighborhood, as well as
to the conservancy to the north. He also noted that the eastern cul-de-sac has been
eliminated to address some of the concerns of the adjacent neighbors.
Engstrom noted that the proposed development is intended for local custom builders as
opposed to national or regional builders. Engstrom welcomed questions from the
Planning Commission.
Dodson noted that the courtyard homes may be difficult from an architectural
standpoint. Engstrom stated that the courtyard lots would be restricted to builders who
understood the concept. Dodson then asked why Engstrom retained ownership of
Outlots O and P. Engstrom noted that he wanted to ensure that the farming tradition
would be continued effectively on these areas. He also noted that he is committed to
restoring the habitat for native birds, butterflies, bees and other pollinators.
Kreimer asked how the northwestern lots would be served by sanitary sewer. Klatt
noted that the neighborhood would be served either through the northwestern corner
of the developer’s property, through the Gonyea property, or up Lake Elmo Ave. (CSAH
17).
Larson asked about areas for creative play for kids. Engstrom noted that there would be
open areas for informal play, but not park facilities for organized team sports.
Williams asked Engstrom what the City would be gaining by allowing for flexibility with
the conservation easement and zoning requirements. Engstrom noted that they intend
to place over 60 acres into conservation easement, as well as provide a unique and
innovative development.
Public Hearing opened at 8:27 pm.
John Hodler, President of the Fields of St. Croix HOA, referenced an agreement between
the HOA and Robert Engstrom Companies related to the development. Hodler noted
that there is not development on Outlot O, and there is limited development on Outlot
P. Hodler noted that the HOA is requesting that the eastern cul-de-sac be revised and
that the Fields HOA will be a party, to the conservation easement for the outlots of the
Fields of St. Croix, thereby requiring the HOAs approval to any fut ure changes. Hodler
highlighted one final request that all portions of the agreement would be incorporated
into the Final Developers Agreement.
Neil Krueger, 4452 Lake Elmo Ave. N., noted that his family was excited that Engstrom
Co. was involved in development in Lake Elmo. However, he noted that his family is
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opposed to the northwestern lots off of Lake Elmo Ave. He noted that the ridge on the
northern portion of the property should be considered a natural feature. He noted that
the ridge should have some consideration. He stated that he supports trails, but wants
greater connections to other neighborhoods. Mr. Krueger stated he supports parkways,
but feels that it is done oddly if it is only in one location.
Bob, Eischen, 11674 Stillwater Blvd. N., stated that he is an immediate neighbor to
Outlot P. He noted that during the planning process of Fields II, it was stated that the
land in Outlot P would be open space and was required to be so. They were assured
that these outlots would always remain in open space for agricultural purposed.
Eischen noted that he does not understand the legal path of how land that was placed in
conservation easement can be removed in exchange for other lands. He noted that they
moved to Lake Elmo for the agricultural character. He also commented that they know
that Engstrom will do an excellent job developing the area, but they would like
consideration for existing homeowners.
Richard Smith, 11514 Stillwater Blvd, property owners to the north, noted that buffering
is his chief concern. Smith noted that he and other adjacent property owners requested
to be removed from the Village Planning Area so they would not have development
adjacent to their properties. He is hoping for greater design or landscaping that will
address the buffering considerations.
Deb Krueger, 4452 Lake Elmo Ave., shared that she was involved in open space and
cluster developments in the past. She stated that she is pleased that the garages are in
the rear. She added that she supports the trails, especially in that they are public. In
terms of location, she would like to see that the trails connect to the east. Deb Krueger
added that she would like the view-shed of the ridge preserved with additional
plantings. She requested that plantings be considered for Lake Elmo Ave. to make it a
green corridor. She noted she would like further information on the location of the lift
station. In addition, she asked the City to consider Transfer of Development Rights and
Purchase of Development Rights (PDR) programs. Krueger noted that she would like to
support lighting restrictions to maintain dark skies. She wrapped up by stating that
Engstrom is a developer who goes above and beyond the base standard.
Williams noted that letters were submitted that were part of the public record.
Public Hearing closed at 8:48pm.
Williams noted that he is favorable to the concept, but he has a concern in principal
about changing the conservation easement. He noted that if they do it in this case, then
others could be changed as well.
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Dodson agreed that he is concerned about changing usage on those outlots. When the
homeowners purchase these lots, they do so with the understanding that these areas
will remain unbuildable.
Lundgren noted that changing the conservation easement is a concern, but she shared
that there may be a balance to gaining a greater amount of land in conservation
easement, as well as the excellent job that Mr. Engstrom is reported to accomplish.
Kreimer noted that he originally agreed with the position that the outlot should not be
changed, but his opinion was changed when reading the letter submitted by the Fields
of St. Croix in which they have become agreeable to the development with a certain list
of conditions.
Larson asked what implications this decision could have on other outlots or other OP
neighborhoods. Klatt noted that some conservation easements are held by the MN
Land Trust, and these easements are air tight. Easements held solely by the City are
more flexible as they are at the discretion of the City. Klatt added that in the case of
Fields of St. Croix, taking the limited amount of area of the conservation easement
would not tip the balance to now having less than 50% open space. I n addition, the City
should consider what is being gained by the much larger amount for land that would be
entered into conservation easement. Larson added a follow up question related to the
Fields of St. Croix community septic system. Klatt addressed Larson’s questions in that
the limited removal of land from Outlot P would not negatively impact the community
septic system.
Dorschner stated that he first was opposed given the large number of conditions and
the idea of setting a precedent. However, if the City wants to promote these types of
developments, than we need to have some flexibility.
Williams noted that in terms of the land use trade, he is not convinced that the land in
the floodplain area could be developed, so he questions the value of the trade.
Johnson discussed trails and stated that sometimes neighbors are opposed to having
trails open to the public. Larson added follow up that other neighborhoods should
remain open minded about keeping the trails public.
Engstrom followed up on a number of issues including things they could do to minimize
the impact to adjoining neighbors.
Williams asked the Commission if they are amenable to the proposed Comp Plan
Amendment for the northwest area of lots. The Planning Commission noted that the y
are amenable to this amendment.
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Dorschner noted that he is concerned about the narrow streets from a maintenance
standpoint and would like to hear from Public Works. Klatt explained that staff looked at
it at the sketch plan and did not seem concerned.
Williams asked about the issue of Outlot P. Dodson noted that the tradeoff is
acceptable to him, as the 17 additional lots help make the project economically viable.
Klatt noted that any updates to the plans should be reflected in the Preliminary Plans,
and he asked if the Planning Commission understood the request of the Fields of St.
Croix Homeowners Association. The representatives of Fields of St. Croix and Mr.
Engstrom explained the agreed upon arrangement. Klatt further clarified that the City
would likely own the outlots that had storm water management facilities.
Dodson asked what the working relationship would have to be between these three
parties. Klatt noted that each party is in a position of decision making, similar to the
arrangement of having the MN Land Trust act as a third party.
Williams suggested reviewing the conditions of approval.
Klatt clarified that there are revisions south of the Smith property and that the circle by
outlot P has been changed due to the property owners complaints and concerns. The
Planning Commission discussed the concerns of Richard Smith. Williams asked how to
best refer to the requested changes to the Concept Plan presented.
Condition #15 will be that Fields of St. Croix will be added as a party to all conservation
easements in the document dated 2/28/2000 in the Fields of St. Croix neighborhood.
Condition #16 will be that the plan will be revised to make the changes and adju stments
as discussed previously related to the buffering around the smith property and removal
of the roundabout near the Eischen property.
Klatt asked for clarification regarding the configuration of the roadway. Engstrom and
Co. presented their case and the representatives of the Fields HOA presented their case.
Dorschner noted that it seems as if the Developer is working with the neighbors and the
Commission likes the developers plan.
M/S/P: Larson/Dorschner, move to recommend approval of the PUD concept plan of
Wildflower at Lake Elmo with the 16 conditions of approval as determined by staff and
Planning Commission, Vote: 6-0, motion carried unanimously.
M/S/P: Larson/Dodson, move to recommend approval of amendments to the Village
Land Use Plan subject to Met Council approval, Vote: 6-0, motion carried unanimously.
Business Item: Zoning Text Amendment – Exterior Storage Ordinance Update
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Johnson presented an overview of a proposed amendment to the City’s exterior storage
requirements. Johnson noted that the ordinance represents a continuation of the
ongoing process to update the Zoning Ordinance.
Johnson noted that one of the major discussion points from the ordinance concerns the
ability of residential property owners to store large trailers and other items on their
property. One member of the community has spoken to staff about adding controls to
restrict the parking of larger trailers and personal property in rear yards.
Staff has conducted research on how other cities regulate the storage of boats, trailers
and other equipment and found that some of these cities do allow some additional
flexibility to store larger equipment on driveways and front yards. Staff is seeking
direction from the Planning Commission on any additional provisions to include in the
proposed ordinance and for authorization to proceed with a public hearing on the
proposed ordinance.
Williams suggested that Staff look at the Oakdale, Woodbury and Stillwater ordinances.
Dodson asked for any examples of requirements for neighbor notification or permits in
other cities. Planning Intern Riley stated that some cities do require permits for certain
types of storage.
The Commission generally discussed the various scenarios that might arise con cerning
the storage of private property and the implications of the proposed ordinance
regulations.
Dodson asked for further clarification concerning the requirements for screening.
Business Item: Zoning Text Amendment – Screening Ordinance Update
Johnson presented an overview of proposed updates to the provisions of the Zoning
Ordinance pertaining to the screening of private property.
Williams noted that the ordinance may not adequately address the quality of screening
materials, and especially fences. Johnson noted that the fence ordinance does include
some provisions related to maintenance and upkeep of fences in disrepair.
Johnson stated that the next step will be to conduct a public hearing on both the
exterior storage and screening ordinances drafted and with some modifications based
on ongoing research being conducted by staff. Johnson also noted that staff will be
bringing forward recommendations on other related amendments to clean up the
ordinance and avoid potential duplication in other sections of the City code. Johnson
stated that exterior storage would stay in section 150, while screening would be in the
zoning section 154.
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Updates and Concerns
Council Updates – June 3, 2014 Meeting
1. Perfecting Comp Plan Amendment passed (Vote: 5-0)
2. Shoreland Amendment Ordinance passed (Vote: 5-0)
3. Garage Ordinance passed (Vote: 5-0)
Staff Updates
1. Upcoming Meetings
a. June 23, 2014
b. June 30, 2014 – Special Meeting Requested
c. July 14, 2014
2. Planning Commissioners Journal – “What Planners Do”
3. Klatt shared that Commissioner Yocum has elected to step down.
Commission Concerns –
Williams shared that if a Commissioner is not able to attend, please notify staff.
Meeting adjourned at 10:12pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant