HomeMy WebLinkAboutPZ 3.26.07 PacketCity of Lake Elmo
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Minutes of February 26, 2007
Chairman. Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00
p.m. COMMISSIONERS PRESENT: Ptacek, Fliflet, Armstrong, Van Zandt, Lyzenga, Roth,
Deziel, and Schneider. STAFF PRESENT: Senior Planner Gozola, Interim Administrator T.
Bouthilet, and Planner Matzek.
Agenda
Add 7H. Handout from Park Commission
M/S/P, Van Zandt/Deziel to accept the Agenda as amended. Vote:
Minutes
M/S/P, Roth/Lyzenga to accept the Minutes of January 22, 22007 as presen led. Vote: 8:0.
Variance to Lot Width - 3200 Lake Elmo Avenue
Senior Planner Gozola introduced the application for a Variance to lot width at 3200 Lake Elmo
Avenue in order to create a minor subdivision on the applicant's land. A public hearing was held
at the January 22, 2007 Planning Commission 'meeting,, The application was then tabled at that
meeting. The applicant's have since altered the proposed lot ,line to reduce the variances from
two toone. Parcel F is proposed to have increased frontage along Lake Elmo Avenue. Due to
the new configuration, the road frontage along 32"d Street would be the front yard and the lot
width would be met at that location. The lot width at. the shoreland setback on Parcel F
continues to not meet the required 150 foot width.
At the previous meeting there was,discussion of whether to recommend the movement of the
existing driveway to access 32"' Street. Senior Planner Gozola stated that section 400.14 Subd.
8(f) of the City Cod&.States that with A subdivision, the lots shall access onto local streets
wherever possible. Staff.Would askthatthe applicant's work with the City Engineer to relocate
the existing driveway onto 32nd Street.
Senior Planner Gozola identified a number of potential vehicle accident conflict points that are
possible in turning in and out of the existing driveway from Lake Elmo Avenue. By moving the
driveway, three conflict points would be eliminated. He stated that the level of traffic is
anticipated to increase on Lake Elmo Avenue because of the planned and guided growth. The
number of average vehicles per day were presented as is shown in the City's current
Comprehensive Plan.
Senior Planner Gozola stated that he would still recommend requiring the standard utility
easements around the perimeter of the proposed lots. He suggested allowing a one year
timeframe for the applicants to hook the homes up to city water.
The applicants are proposing two septic locations for the two proposed lots. As the
Comprehensive Plan identifies this area as slated for sewer, an approval of this variance should
not preclude the city, if it so chooses to do so in the future, ftom requiring the land owners to
Lake Elmo Planning Commission Minutes — February 26, 2007
hook up to the future sewer lines. There is currently no policy in place requiring existing land
owners to hook up to sewer in the future.
Staff is recommending approval with the nine conditions listed in the report.
Chairman Ptacek asked for clarification on the one year timeline for hooking up to water.
Senior Planner Gozola stated it would be helpful to the City to have a timeline for homeowners
to connect to the city water lines.
Anthony Dorland, applicant's attorney
Mr. Dorland stated that on page seven of the staff report is the listed conditions of approval. His
clients are opposed to #1, 3, and 4 for the main reason that the conditions are applicable for the
subdivision of unimproved land where there is not an existing water supply. That is not the case
in this situation. Staff has come up with new reasons such as safety for the movement of the
existing driveway. He is concerned about driving on 32'd Street because it is very narrow and
may not be any safer. He stated that the requested easement would contain existing non-
conforming structures which the applicant would like to
grant a sewer easement. Mr. Dorland stated that the app
water supply. It is not necessary to shut down the existi
Commissioner Deziel asked Mr. Dorland what was the
standard drainage casements.
Mr. Dorland said there are two legally non
line. If there is an easement, a utility corral
pillars on the existing driveway would a lk
Planner Gozola said he would r
lakeshore, and 5 feet along side
Chairman Ptacek
Gozola stated that may
there
pplicant would be willing to
y has a safe and adequate
to condition #3 regarding the
nforming structures along the southern property
y could say the structures need to be removed. The
11 within the easement.
easements along the roadway, 20 feet along the
ection for the existing non -conforming structures.
issue for the City Attorney.
Carolyn Horttor, Co-applicaid,
Ms. Horttor stated she would like to address the three recommendations the attorney addressed.
She stated that 32nd Street is narrow and lined with vegetation. Currently, both 32nd Street and
Lake Elmo Avenue have speed limits of 30 mph. The existing driveway has an excellent view of
oncoming traffic. There is a 3 foot shoulder on Lake Elmo Avenue which also helps. She spoke
with Joe Lux and Carol Hanson at Washington County regarding the proposed additional
driveway. The permit is on file with the City for the proposed future driveway. She has seen
more accidents on 32nd Street. The existing driveway does not cause flooding concerns.
71s. Aorttor stated that with condition #4 she does not have concerns about attaching the new
home to water and sewer. However, the existing home has a deep existing well that has an
excellent water source and is tested annually by the property owner.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:27 P.M.
Lake Elmo Planning Commission Minutes -- February 26, 2007
Constance Smith, Co -applicant
Ms. Smith stated that a lot of people park on 32'd Street in front of the garages and it is a
dangerous road.
Commissioner Deziel suggested taking the conditions piece by piece since there are a few
contentious recommendations.
Chairman Ptacek asked for a straw vote to determine if the commission should look at the
conditions individually. The commission agreed to look at conditions 1, 3, and 4 separately with
an 8:0 vote.
Chairman Ptacek asked for clarification on condition #1
Senior Planner Gozola stated that the County has no choice about
legally non -conforming. He said Joe Lux with the County would.,
existing driveway.
Commissioner Deziel recalled the applicant's statement
and therefore it may be dangerous. The City may need,
too narrow. The Senior Planner has identified good stat
Commissioner Roth asked if there was any
400.
Senior Planner Gozola said there is
Commissioner Fliflet stated that Se
the movement would create a safer
does not see the speed inct , 6ASIA9:1
this condition.
fisting driveway as it is
.e City to get rid of the
that they always stop to look
�I e I nts to 32"u Street; it may be
moving the existing driveway.
t and new subdivisions in Ch
mer I GO.Kola made good points, but she does not think
for the I 'driveway. It is 30 mph in this location and
only one driveway access. She would not support
Chairman Ptacek asked for a straw Voll for condition #1. This resulted in a tie 4:4
Commissioner Armstrong stated-.0that condition #3 regarding the easements is pretty standard.
Statutes allow the property
owner to keep the existing structures. This is an important condition
since utilities are going to be added in the future
Cornmissioner Deziel asked if the utility company could make them remove the buildings.
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Senior Planner Gozola stated that for all practical purposes the easements would be for drainage
purposes in the future. He is not sure it would be used for utilities.
Commissioner Fliflet suggested the City Attorney may have suggestions for rewording the
easement to protect the homeowners regarding the existing buildings.
Lake Elmo Planning Commission Minutes — February 26, 2007
DRAFT
Chairman Ptacek asked if they were unanimous in leaving in #3. There was agreement of the
Planning Commission.
Commissioner Flifiet asked if the City Code addressed developments with an existing building
or if it assumed it was all raw land.
Senior Planner Gozola stated he is fairly confident in his interpretation of code,
Commissioner Armstrong stated he thought the city would not be forcing residents to hook up to
utilities unless there was a health, safety and welfare issue. He would like to see condition #4
deleted.
Commissioner VanZandt said that in the tri -lakes area there is concern if they will be forced to
hook up to water. That is a major concern.
Chairman Ptacek said he will differ from Commissioner
has some concern about the contamination plume.
Commissioner Deziel said he believes this is a safe area
that as long as individual's wells continue to function, tl
MIS/P Armstrong/Fliflet to approve striking conditions I a
Government Training Services
Assistant Planner Matzek encouraged the Planning
offered through the Government Training Services:
2007 Work Plan
Senior Planner Gozola said the
meeting with the City Council.
discussion. Since then, he has
the zoning district ordinances.
ordinances would be awromia
Commissioner Fliflet said she
map.
of condition #4. He
for watei.-.,He agrees with Tom
,uld not force them to hook up.
)m the staff report. 4:4
attend a workshop that is
I a response by March 2,d
ommissio n discussed this work plan at the February l3th joint
He created the priontized work plan from the meeting
po.ken with the Metropolitan Council representative regarding
le confirmed with the representative that interim zoning
for the village area and the area South of 10th Street.
input on the list.
I I IN 1!, 11111, 11!''! 11! ii NINE I Z
City Council Updates
Planner Matzek stated that a joint meeting was held on February 13 th between the Planning
Commission and the City Council. A work plan was created and allowed an open dialog
between the comnussion and the City Council. At the February 20th Council meeting a septic
Lake Elmo Planning Commission Minutes -- February 26, 2007
DRAFT
system variance was approved at 11225 31St St. N., a moratorium was placed on sexually
oriented businesses, and commercial outdoor social events was discussed. On February 27Ih the
consulting village planners will give a presentation on the Village Area Master Plan. At an
unknown future meeting, the draft park plan will be reviewed by the Planning Commission.
Handout from Park Commission
Chairman Ptacek said he had received a statement on Sunfish Lake Park- from Parks Chairman
Steele and would like to distribute it to the commission for their information.
Mayor Johnston stated that the city has an unmet need for approximately 20 acres of play fields
which are currently planned for in the village area, with a need for additional playfields by 2030.
Thirty acres of land South of Sunfish Lake Park is currently being used for agriculture. One of
the questions the City needs to consider is the financial implications of where the playfields
would be built. It should be considered to place low intensity uses like ball fields in that 30
acres.
Respectfully submitted,
Kelli Matzek
Planner
Lake Elmo Planning Commission Minutes — February 26, 2007
Lake Elrno Planning Con-anission Agenda Item
Executive Surnmary
Title (?f Item: PUBLIC HEARING: A variance application to allow a private
off-site septic system on less than 1 acre at Lot 11, Block 1,
Ruth's I" Addition, located off Klondike Avenue North
Meeting Date: 3-26-07
Stq,f
,jfGuestRepordnen Gozola, City Planner
Suinmary.The applicant is seeking two variances to allow for the construction
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of an off-site septic facility for a proposed new home ort Lot 11, Blk
1, Ruth's Is'Addition to Lake Eli -no, The variances are as follows -
1. A variance from the requirement that the sewage treatment
system must be 4;011 -site."
1 A 0.38 acre (16,572 sq ft) variance from the required one (1)
acre septic site for a dwelling unit.
Staff analyzed both requests using the general standards called for
by statute, and the specific standards called for by Lake Elio City
Code. Based on our analysis of the review criteria in state statute
and in City Code, staff would recommend AppLoval of the variance
request to locate a septic system off-site, but denial of the variance
request to place such a septic system within an easement of less than
one acre. Staff's recommended findings for each request are
provided in the report, as are suggested conditions to be attached to
any approval..
The 60 -day review period for this application expires on 4-27-07,
but can be extended an additional 60 days if more time is needed.
Main, Points: 1. The applicant is seeking a variance to allow an off-site septic
t -
system, and a variance to allow a septic system on less than one
acre.
2. Staff is recommending approval of the variance to allow the off-
site system, but denial of the variance on septic site area.
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City of Lake Elmo Planning Departnient
Variance Report
To: Planning Commission
Froin: Ben Gozola, City Planner
Meeting Date: 3.26-07
Applicant: Joe Bush
Owner: Same
Location: Lot 11, Blk 1, Ruth's 1" Addition to Lake Elmo
Zoning: R-1
Introductory 1,
Proposed The applicant is seeking two variances to allow for the construction of an off --site
Project: septic facility for a proposed new home on Lot It, Blk 1, Ruth's I't Addition to Lake
Elmo.
Section 300.07 Zoning Districts
Subd..
4.4
LcLR-1 — One Family ResidepLial fflediujnj2ensity�
...3. Minimum District Requirements
...Septic Drainfield Regulations: All lots must have at least one (1) acre of
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land suitable for septic drainfields and area sufficient for two (2) separate
and district drainfield sites. Placement of the second required drainfield
between the trenches of the first drainfield is prohibited. [sic]
Section 300.09 Additions and Exceptions to Minimum Area, Height, and Other
Requirements.
Subd. L ExiLsti.n�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...
'ariance ReqbhPSU ot 1f. .lit- '�
/', Ruth',S "'Adolitiori to Lake
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(conl) Section 300.09 Additions and Exceptions to Minimum Area, Height, and Other
Requirements.
Subd. 8. Minimum Area lie gin rements for Lots Without Public Sanitar Sewer.
In areas without public sanitary sewer where public sanitary sewer is not proposed
in the City Capital Improvement Program or Comprehensive Plan..single and two
family homes shall demonstrate suitable soil conditions for a. minimum on-site
sewage treatment area of one (1) acre per dwelling unit.
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Variance For the proposed project, the applicants will need the following
variances:
Request(s): 1. A variance from the requirement that the sewage treatment system must be "on-
site."
2. A 0.38 acre (16,572 sq ft) variance from the required one (1) acre septic site for a
dwelling unit.
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FJ M1,10-2 I M-11
Site Data: I Lot Size — 1.37 acres (59,677.2 square feet)
Existing Use — Vacant Land
Existing Zoning — R-1
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Property Identification Number: 23-029-21-11-0003
om
Applicable
Code
BUILDABLE LAND AREA. The gross land area less the unbuildable land area that
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includes hydric and restrictive soils, land with slopes over 25%, wetlands, and areas
that cannot accommodate septic systems.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at
the required. setback beyond which a structure may not extend.
BUILDING SETBACK LINE. Aline within a lot parallel to a public right-of-
way line, a side or rear lot line, a bluff line, or a high water mark or line, behind
which buildings or structures must be placed.
DOMESTIC WASTEWATER. Waste water that is primarily produced by
residential users, with B.O.D.5 concentrations of approximately 250 mg/1 and
suspended solids concentration of approximately 300 nig/l.
DWELLING, SINGLE-FAMILE A residential structure designed for or used
exclusively as 1 dwelling unit of permanent occupancy.
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Page 2
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EASEMENT. The right granted. by a property owner to another or to the public to
use a tract of land for the purpose of constructing and maintaining drives, utilities,
including,but not limited to, sanitary sewers, water mains, electric lilies, telephoney
lines, storm sewer or storm drainage ways, and gas lines.
HARDSHIP. The proposed use of the property and associated structures in
question cannot be established under the conditions allowed by the city's zoning
regulations and no other reasonable alternative use exists; that the plight of the
L) tD
landowner is due to the physical conditions unique to the land, structure, or building
involved and are not applicable to other lands, structures, or buildings in the same
zoning district; and that these unique conditions of the site were not caused or
accepted by the landowner after the effective date of the city's zoning regulations.
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HOLDING TANK. A watertight sewage tank for the temporary storage of sewage
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until it is transported to an approved. point for treatment and disposal.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile
sewage disposal system, or other sewage treatment device.
11
INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on-site sewage treatment
system connecting to a single dwelling or other establishment, consisting of soil
treatment unit, septic tank, and any associated pumping and piping systems.r_�
LOT, RIPARIAN. A separate parcel of land within a designated shoreland area
having frontage along a. lake or tributary stream.
MOUND SYSTEM. An alternative sewage treatment system designed with the
soil treatment area built above grade grade to overcome the limitations of water
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table, bedrock, or soil permeability.
ORDINARY HIGH WATER MARK OR ELE VATION (O.H.W.). The boundary
of public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For water courses, the ordinary
high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.
SEPTIC TANK. A sound, durable, watertight sewage tank designed and
constructed to receive the discharge of sewage from a building sewer, separate solids
from liquids, digest organic matter, and store liquids through a period of detention.
SHORE IMPACT ZONE. Land located between the ordinary high water level of
a public water and a line parallel. to it at a. setback. of 50% of the structure setback.
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lllannin,,,� ("Onmilssion Report,''i-26-07
Cora.
Variance
Criteria®
SHORELAND. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet
from a river or stream, or the landward extend of a flood plain designated by
ordinance on a river or stream; whichever is greater. The limits of shorelaDds may be
reduced whenever the waters involved are bounded by topographic divides which
extend landward from the waters for lesser distances and when approved by the
Commissioner.
STANDARD SYSTEM. An individual sewage treatment system employing a
building sewer, sewage tank, and the soil treatment system commonly known as a
dram field or leach field.
STEEP SLOPE.
(1) Land where agricultural activity or development is either not
reconu-nended or described as poorly suited, due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this section.
(2) Where specific information is not available, steep slopes are lands having
average slopes over 12%, as measured over horizontal distances of 50 feet, or more,
that are not bluffs.
By state statute, there are three definitive criteria that all variances must address. The
three criteria are as follows, along with staff's analysis of the applicant's requests.
Z:I
A. Is the variance request reasonable? The hardship requirement does not inean that
a property owner must show the land cannot be put to any reasonable use without
the variance. Rather, the property owners must show that they would like to use
their property in a reasonable manner that is prohibited by the ordinance.
Staff finds that the request to place the septic site on an adjacent property rather
than on the subject property is reasonable. Section 300.09, subd 1, states that this
type of lot (a lot of record which provides 60% of the lot width and area
requirement) is eligible to be used for one single family dwelling. Staff would
interpret the City's septic regulations to be focused on the proper treatment of
wastewater regardless of the location of the septic site. The fact that multiple
shared off-site systems exist throughout the community supports this position.
For the request to locate the septic area off-site, staff finds this criteria is
satisfied.
Provided the septic area on the adjacent parcel is covered by an easement which
runs in favor of the subject parcel; and provided the proposed area is shown to be
able to support a primary and alternate septic site; staff believes the requested
variance for a site area of less than one acre is also reasonable and meets this
criteria.
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111(u,ming Report: 3.-26-07
(cont.)
B. Does the application present unique circumstances?
For the request to have an off-site septic system, staff finds this application
does present unique circumstances and meets this criteria. While the lot itself
is considered a lot of record and is eligible for a single family dwelling,
encumbrances (i.e. steep slopes & wetlands) restrict the area available for an on-
site septic system. As code establishes a 60% rule as the threshold for buildable
lots or record, it is already recognized that a parcel as small as 0.90 acres could be
buildable even though it could never meet the 1 acre septic area requirement.
With regards to the request to have less than a one (1) acre site for the
primary and alternate systems, we do not rind this situation to be unique and
therefore the second request rails ihiscriteria. The applicant is currently the
owner of both parcels in question. The property proposed to host the septic
system for the subject lot is 8.78 acres in size and could easily support the
required one acre septic site. It is our understanding that the applicant has already
provided a future buyer an option on the 8.78 acres, and therefore expanding the
proposed casement may certainly be a problem for the applicant. However, we do
not find that loss of a potential sale of property is a unique circumstance. Staff
would recon-u-nend the easement be expanded to meet code requirements to
eliminate the need for this second variance.
C If approved, would the variance alter the essential character of the locality?
The construction of a single home on this lot and a septic site across the street
would have DO impact on the essential character of Lake Elmo. Staff finds this
criteria is met for both requests.
The applicant must also establish and demonstrate compliance with the variance
criteria set forth in Lake Elmo City Code Section 300.06 Subd. 3, before an exception
or modification to city code requirements can be granted. For ease of review, staff
C,
provides a three part breakdown of the definition of "hardship" in Lake Elmo City
code to ensure the requests are meeting the spirit and intent of the ordinance.
D. The proposed use of the property and associated structures in question cannot be
established under the conditions allowed by the city's zoning regulations and no
other reasonable alternative use exists;
As a home cannot be constructed without a septic site in this area, and as code
does allow for parcels of less than one acre to be eligible for building, staff
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believes this criteria is met for the proposed off-site system. Clearly the allowed
home cannot be established without this variance, so staff rinds this criteria is
satisfied for the off-site septic location.
With regards to the variance request for a substandard septic area (less than one
acre), an alternative does exist: expansion of the proposed easement. Once the
casement on the neighboring property meets or exceeds the required one acre, the
neighboring
need for this second variance is eliminated. As expansion of the easement is
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Plamain- Commission Peport: 3-"6-07
(Icon't„ )"
possible (the applicant is the Owner of the property), and as there is plenty of room
available for the needed expansion, staff finds this criteria is not met For the
septic area. size variance
E. The plight of the landowner is due to the physical conditions unique to the land,
structure, or building involved and are not applicable to other lands, structures, or
buildings in the same zoning district;
Again, for the request to move the septic system off-site, this criteria is clearly
met given the physical constraints on the lot and the fact that code recognizes the
land as buildable.
Likewise, this criteria is not met for the septic area size variance as there are no
physical limitations hampering the creation of the required one acre septic site.
F. The unique conditions ql'the site were not caused or accepted by the landowner
after the effective date of the city's zoning regulations.
The applicant had no control over the characteristics on the subject parcel and the
fact that it is not physically possible to set aside an acre of land for septic purposes
and still be able to build. As such, this criteria is met, for the request to have the
septic system off-site.
Conversely, the applicant is the owner of the parcel on which the septic is
proposed to be located and does have the ability to comply with code. The reason
for not complying with code is financial due to the existing option on the property.
As such a situation was created by the applicant and has nothing to do with a
unique feature of the land, staff finds this criteria is not met for the septic area
size variance.
Variance Based on our analysis of the review criteria in state statute and in City Code, staff
Conclusions: would reconu-nend approval of the variance request to locate a septic system off -
,_
site, but denial of the variance request to place such a septic system within an
easement of less than one acre.
ResideniStaff is not aware of any resident concerns surrounding the requested variances.
Con, I
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4111,
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Attached to the report, please find a memo from the VBWD regarding the request.
You will note the watershed district did not identify any environmental issues that
would make them opposed to the septic system even if it were built on less than
one (1) acre. Additionally, they recommend a number of conditions to attach to
any approval.
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Varianc(., Reques,,: Loi !/, BIk L Rurh',s Addition to I-ake Elmo
Comunission, Reporf,i 3-26-07
ic;orf.f.1 Attached you will also find an email from Travis Gern-iundson (DNR) indicating
that he has "... [no] comment on the proposed variance..." He does note that if
this were to proceed, he would recommend the property owner to the north (also
on Lake Elmo) be approached as future septic may also be a problem for that
parcel, and an opportunity for a shared site across the street may exist.
to As a final point, staff would Dote that the current comprehensive plan guides the
area across the street for sewer, but does not guide these lakeshore parcels for
connections. Given that removing septic systems from the shoreland area is an
environmentally sound. practice, and given that the land will be adjacent to public
sewer in the future, consideration may need to be given at some point to
incorporating these riparian Lake Elmo lots into the urbanized Village area.
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As of the writing of this report, we had not received any written corm-nents from
TKDA on these variance requests. It is anticipated that all engineering comment
will be provided at the meeting.
Conclusion:
The applicants are seeking approval of the following two variances:
C5
L A variance from the requirement that the sewage treatment system must be "on-
site."
2, A 0.38 acre (16,572 sq ft) variance from the required one (1) acre septic site for a
dwelling unit.
Planning The Planning Con-unission has the following options:
Com Options: A) Recommend Council approve the requested variance to allow the proposed
septic system to be located off-site, and also approval of the requested 0.38
acre variance from the required one (1) acre septic site for a dwelling unit; both
recommendations based on the applicant's submittals and findings of fact.
B) Recommend approval of one request, but denial of the other based on the
applicant's submittals and findings of fact for each variance.
Q Recommend denial of both variances based on the applicant's submittals and
findings of fact.
D) Table the item and request additional information
The 60 -day review period for this application expires on 4-27-07, but can be extended
an additional 60 days if more time is needed.
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Staff Reca Staff is recommending approval of the variance to allow an off-site septic system
based on the following:
(1) The requested variances is reasonable given the lot is eligible to be used for one
single family dwelling and the off-site septic location will satisfactorily meet
environmental standards for such systems.
(2) The situation is unique in that code recognizes the subject parcel as buildable even
though an on-site septic system could never be designed to meet code.
(3) The character of the City will not be impacted by an off-site septic system.
(4) The applicant was not responsible for the constraints on the property which
prevent placement of an on-site septic system which meets code requirements.
Staff is recommending denial of the variance to place the off-site septic system
within an easement of less than one acre based on the following:
(1) The request is not unique as the applicant owns both parcels, and can easily
provide a septic easement conforming to the one (1) acre minimum.
(2) No hardship exists as there are no physical limitations restricting the creation of
the required one acre, septic site.
Denial To deny both requests or one of the requests, you may use the following motion as a
Motion guide:
Template:
I move that we direct staff to prepare a resolutions of denial for the requested
variance based on the following findings of fact ... (use sta%f"s provided above or cite
your own.)
Approval To approve both requests or one of the requests, you may use the following motion as
Motion a guide:
Template:
I move that we direct staff to prepare a resolution of approval for the requested
variance rased on the following findings of fact ... (use stgff's provided above or cite
your ovvn)
n o ®with the following conditions-
1.
ornditio s-1 e The applicant shall obtain all necessary permits and approvals from the
City and other applicable entities with jurisdiction prior to any feature
construction or activity on the land.
2® The applicant shall enter into an agreement with the City, as drafted by
the City Attorney, regarding the construction of that portion of the sewage
treatment system that will he located within the public right-of-way
SN"and Ave -Joe BuslMep-..JoePubsh3- 007.doc
"age 8
Variomce Requcsr: L"n 1 /. B/k 1, Ruth's /` Addition to Le. -&c
1) 6, - 7
, lanning Coinmi,,sion 3-" _ 1)U!
3. The applicant shall hook up to the municipal sewer system once it
becomes available if mandated to do so by the City.
4. The lowest floor elevation for any future new home shall be at or above
Elevation 893.0.
5. A permanent buffer strip at least 35 -feet wide, measured perpendicular to
the Ordinary High Water level (Elevation 885.6) and extending 35 feet
inland, shall be established.
6. For the future home, a mowed access and shoreline is allowed but, shall
not exceed 30 feet in width. Access paths shall not be tocated where
concentrated runoff will flow to the take.
7. Temporary and permanent erosion controls must be installed in
conjunction with future activity per the direction of the City Engineer.
8. The variance shall expire one year from the date of resolution; City
Council approval will be required for any subsequent extension.
cc: Joe Bush, Applicant
Klondike Av(,.'...)oe Bu,YhV?cp----.Ioe Rush.--3--26--07.,-J()C
March 21, 2007
Ms. Kelli Matzek
City of Lake Elmo
3900 Laverne Avenue North
Lake Elmo, MN 55042
Re"Variance Request, Lot 11, Block 1, Ruth's Is'Addition, Lake Elmo
Dear Ms. Matzek:
W
Thank you for, forwarding the variance request for, the above-refeienced project. The project involves a.
constructing a house on Lot 11, Block I of Ruth's I" Addition and a mound septic system on Parcel 2,
which is directly west of Lot I L The variance request is to allow the off-site septic,,
Concept Plan
Theconcept layout shown in Exhibit C indicates that two 1000 -gallon septic tanks are proposed on the
north sidle of Lot 1 L The septic tanks should have bases no lower than Elevation 893.0.
The concept mound system is shown west of Klondike Avenue. Based on Exhibit A, an I8 inch diameter
culvert is located under Klondike Avenue at the proposed septic system easement. The west invert of the
culvert appears to be approximately Elevation 909. It is not clear how large of an area drains to this
culvert and the 100 -year flood level of the pending area at the culvert. It is possible for the pending area
behind the culvert (on the west side of Klondike Avenue) to flood a portion of the proposed septic system
easement. However, it appears the proposed iriound system will be above Elevation 920, according to the
concept shown in Exhibit C, and safe from flooding.
Miscellaneous Comments
The VBWD Itules require the following:
The new home's basement must be no lower than Elevation °093.0.
ro A permanent buffer, strip at least 35 feet wide, measured perpendicular to the Ordinary High Water
level (Elevation 885,6) and extending 35 feet inland, must be established. A mowed access and
shoreline is allowed, but 'should not exceed 30 feet. Access paths must not be located where
concentrated runoff will flow to the lake.
Temporary and permanent erosion controls must be installed.
The overall project might require a Valley Branch Watershed District Permit (VBWD), but I cannot make
a final determination based on the information submitted,, The following activities require a VBWD
permit:
A. Land alterations, such as grading or filling (including re -development projects), which
disturb, remove or cover- surface vegetation or other surfaces of I acre or more,
B. All projects which create a new impervious surface area of 6,000 square feet or more,
C. All work within the waters and floodplain of the VBWD,
D. All projects which result in a discharge of municipal or industrial water or wastewater to a
surface water drainage system,
E. All subdivisions, plats, and developments,
F. All projects which result in lake augmentation,
G. All projects which impact a wetland,. Note: Valley Branch Watershed District is the Local
Governmental Unit (LGU) responsible for, administering the Wetland Conservation. Act
LINCOLN FETCHER DAVID BUCHECK DONALD SCHEEL DALE SORASH DUANE JOHNSON
VALLEY BRANCH WATERSHED DISTRICT www.vbwd.org
P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538
Ms. Kelli Matzek
March 21, 2007
PaRe 2
(WCA) within the VBWD, except the LGU responsible foradministering the WCA on state
land is the agency with responsibility.fot- the land.
This letter, provides my comments solely on the variance request. If the landowner wishes to construct the
project, he should contact me to disc -Liss the details of the project ject so I can determine whether or not a
VBWD permit is required.
If you have any questions, please contact me at 952-832-2622,
Sincerely,
,I P. Hanson, P.E,
BARR ENGINEERING COMPANY
Engineers for the District
VBWD Managers (via e-mail)
Ben Gozola
From: Kelli Matzek [Kell i.Matzek@lakeelmo.org]
Sent: Wednesday, March 21, 2007 10:15 AM
To: Ben Gozola
Subject: FW: Block I Ruth's 1st Addition
_____Original Message -----
From: Travis Germundson [mailto:Travis.Germundson@dnr.state.mn.us]
Sent: Monday, March 19, 2007 9:34 AM
To: Kelli Matzek
Subject: Block I Ruth's ist Addition
I have not comment on the proposed variance request to allow a private off-site septic
system.
The city may want to consider having the applicant contact the property owner to the North
regarding the possibility of constructing a shared or community system. Since it appears
that parcel would have similar constrains imposed.
I
15 -
PRELIMINARY VILLAGE AREA
FUTURE LAND USE
Lake Elmo Comprehensive Plan 2005 - 2030
Limitation of Liability Map Date: January 31, 2006
Thi. d.—,..t I. ..t . Wpfiy—a .d ..P I --y -d is nal
;mantled tubeweadasllle, Created By: TKDA
and infarmall.n f.. —1— ww'. county, and dly
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Legend
Land Use
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February 27, 2007
City of Lake Elmo
(2/R 0 M E S
PLE.- Detailed -request of variance,
Attention City of Lake Elmo:
The referenced property knoiAm as, Lot 11, Block 1, Ruth's I" Addition to Lalic Eli -no, Attached Exhibit
"IV' is a non confbicn-fing lot that has hardship needs for a unique septic systeni. My hardship exists as
this lot was recorded as a functional lot of record before current code was ivdtten- and the current
property cannot be put to reasonable use if used under the conditions allowed by the zoning. code.
My hatdship and primary variance request is to put a septic system off 'tea, n , I m
� o site s I am ot abile to eet the
on site requirements of septic system (Code 325.06 Subd 9B) and, section (300.09 Subd-08)� I have a
buildable area on Lot I I for a reasonable home that will not change the essential character of t1le
neighborho4 but I do not have sufficient space for an appropriate septic system. I ovm. the property
across the road Imown as Parcel 2 (Exlibit "A"). I have engineered a septic system that would be placed
on parcel 2. See attached documents,
Exhibit "A" — Site plan shows Parcel I and Parcel 2 and Dew septic system easement.
Exhibit "B" — Actual documents recorded atWashing
ton Comity for easement.
Exhibit "C" — Septic design by licensed engineer showing a proper and primiary anad, swondaij,
system placed. on. parcel 2 within the easement.
'In addition to on site needs for vanance I am. requesting the size of tine land required for nay septic be,
269988 square feet in lieu of the one acre requirement listed in the R-1 zonh-ig district, As you can. see
by the attached documents I have denionstrated that the easement created and septic design fit a primary
and secondary system.
PleaseI un also attaching correspondence letters that may help all involved with some of the,
pro, id�ings pr
these se requests, Attached letters Exhibit "D" and,,E,99.
.Ganef
ep p P. Bush
. Bush Homes
3537 LAKE ELMO AVENUE NORTH , LAKE ELMO MN 55042
OFFICE, (651) 777--6162 FAX (6 fj I ) 777--6134 w vv wj P b u S 11, co ul
I'll, I I E ULA A V L' J � _j 7 L 1"') V 1 1 1 Q " , I'll' U, UA, MAJ r AA, IV, U,
&
9ft-
�btD
IMM
CITY OF FF
L A K E
651/777-5510
(of Laket, Elmo
3800, Laverne Avortue, 1",Iarfl-i Lalee Elaio, IM"I 55042
Nuveynl)er 14, 2,006
,t
a(-, :B, usb
jj"ti Bush Home)."
ooMmoION' �1,5042
Doar,Mn Bush:
-r u y "M y
1-te j,,.,ake Elmo Bidld�ng Official, and I Ijave- reviewed. the. ,,, rve. ROTI MOC d
dopicts e ' Klondike, Awc�nuc that is pmp
.� site, 011, fl)z west ""we" of 'to
sv,ve as tlio drain field sitz fora'site oyn, t11 e east side, of Klondike Avetam- that. is not itself,'
of sufficient dry IAnd area to support a lain field site. Wc� Can find no speciffic
prohibition hi the,LWe Elmo City Code for a remate drain field site by easemont in, the-
xnannen that the sir vee depias.
Fje,a.se nof..e, t1lat a City Right -Of -Way permit would be, mquired fox the waste pipp,
crossing ukider Klonftm Avenue. Also note, j.,Izat no jnfoimauon has been proscutod from
celfied stic -signer that derrionstrate,-, that the speeffic caseMent are�'a depictod on
I
l'ep
the say -jocts'Irv0Y Will Or will )Dot provide sufficient surface area and/or suitablesolls to
,qu-pport. both a primary and, back I:vp draft, field, Site.
Sincerely Yours,
ty
C "It d
City Planner
cC.
jlnj. jv'
�ic,jqa.m,
ara, Rafliding Official
PTIfINd On eecyded paper
W-arren E Peterson
Jerome R Filla
Daniel Witt Fram
Glenn A. Bergman
John Michael Miller
Michael T. Oberle
Steven H. Bruns*
Paul W Falming'
Amy K. L. Schmidt
Ben 1. Rust
Jared M. Goerlitz
' P E
MAN BERGMAN
February 16, 2007
Kell) Matzek
Assistant City Planner
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo WIN 55082
RE. Lot I I., Ruth's I-" Addition
Our file. 11150/06-19
Dear Kelli:
Suite &W
55 East Fifth Street
St. Paul, MN 55101-1718
(651) 291-8955
(651) 228-1753 facsimile
www.pfb-paxom
E x h I b I t E .
CS jtp
F-
�"4
This correspondence will summarize my thoughts regarding the application of the City's
regulations to the development of Lot 11 of Ruth's First Addition ("Property"). The Property
is currently a nonconforming riparian lot. Nonconforming lots: within the shoreland zone do
not require a lot size variance if the following criteria can be satisfied:.
1. The proposed use is allowed within the zoning district. In this case, the
proposal is for a single family home, which is allowed in this particular zoning
district,
2. The l'ot has been in separate ownership since it became nonconforming. The lot
became nonconforming when the City adopted its shoreland regulations, This
is when the 1.5 acre lot size standard was imposed. I do not have enough
information to know whether the Property and Lot 10'and/or the area south of
the Property were in common ownership since it first became a nonconforming
iota
3, The lot satisfied the City's regulations when it was created. The plat of Ruth's
First Addition to Lake Elmo was approved in 1975. Presumably the lot satisfied
the City's standards at that -time, or it would not have been approved.
The,sewage treatment and set -back requirements of the shoreland regulations
can be satisfied, The:City to evaluate this criteria until a
e8t -lish-es, the location of the proposed
specific appli*catiori is received that' ab
buildint
9.
'ALSO ADIVIrrru) IN WISCONSIN
February 16, 2007
Page 2
I am aware that the proposed sewage treatment system for the Property will be located across
the road, The City's regulations require sewage treatment systems to be located on site (Lake
Elmo Code Section 325,06, subd. 913, and Section 300.09, subd. 08), 1 would interpret the
term "on site" to mean on the Property, If I am correct, the Property owner will need to apply
-for a variance to the above -referenced City Code sections at the time he applies -for a building
permit.
In addition, the City and the Property owner will need to enter into an agreement regarding the
construction of that portion of the sewage treatment system that will be located within the
public right-of-way, The agreement will need to address the disruption and repair of the City's
road when the sewage treatment system is installed and when it is repaired in the future.
If you have any questions, please contact me,
Very truly yours,
cc: Thomas Bouthilet, Acting City Administrator
U
City of Lake Elmo Planning Department
Ordinance Repeal
TO: Planning Commission
From: Kelli at k, City Planner
Meeting Date: 3-26-07
Ordinance Ordinance 97 — 167; Commercial Social Outdoor Events
Reviewed:
Request. The City Council is seeking the Planning Commission's review and recommendation
I regarding the repeal of Ordinance 97-167 Commercial Outdoor Social Events.
Umm
This ordinance was previously discussed over a series of meetings held at both the
Planning Cormnission and City Council meetings in early 2006. A public hearing on the
proposal was held at the Planning Commission on March 13, 2006.
Throughout the meetings held by the Planning Commission and City Council, a number
of concerns were brought up with regards to allowing commercial social outdoor events.
Some examples are: consumption of alcohol on the site, parking, noise, structures,
sanitation, frequency of events, time restrictions, and screening.
Despite the concerns, this use was determined to be appropriate as a conditional use in
the Agricultural zoning district and Ordinance 97-167 was adopted on May 16, 2006.
The passage of time, complaints, and further consideration of potential impacts have
prompted the City Council to direct staff to take steps necessary to repeal the language
approved in Ordinance 97-167.
Ordinance Review
Existing
Ordinance:
The ordinance currently regulates the following itenis:
- Minimum property size
- Addition of structures (not allowed)
- Frequency of events
- Limitation on the number of people
- Follow noise standards
- Parking, screening
,fit linor Subdivision Revi(,nv: StWIA 3200 Lake Elmo A ventee
Planning Cmmnission: 2-26-07
- Time of day and year
- Sanitation provided
- Prohibit charging an admission fee
- Lighting
The existing and complete ordinance is attached.
z=
Staff Comments: Currently, staff is not processing any applications that would depend
upon this existing ordinance.
Resident
Concerns® - Staff has received a number of complaints regarding the existing ordinance. At this
time, staff is not aware of any written complaints. The verbal concerns expressed at
the March 6, 2007 City Council meeting are included in the attached minutes.
The Planning Commission is asked to examine the existing ordinance and
recommendation to repeal such, and make any recommendations to the City Council you
deem appropriate.
The Planning Commission has the following options:
A) The Planning Commission may recommend no action.
B) The Planning Commission may recommend an ordinance amendment.
D) The Planning Commission may recommend a moratorium on Outdoor
Commercial Social Outdoor Events to allow for further study on the issull
E) The Planning Commission may table the request for further study,
Recommended Staff recommends option C: Repeal of ordinance 97-167 Commercial Social Outdoor
Action: Events through the adoption of the attached ordinance.
CITY OFLAKE ELMO
•[SIL4101of [$JW4JJ WIL1,MILIEV I INLAT WAGIL41 WE01 11 LH E H �Uft
The City Council hereby ordains that Section 300.07, Subdivision 4.A,2(h) of the Lake
Elmo Municipal Code is hereby added to read as follows:
h. Commercial Outdoor Social Events, subject to the following required conditions:
1. A site tax parcel area not less than 10 acres.
2. No existing permanent or newly constructed structures may be used. Tents are
allowed.
3. Events limited to twice weekly and only during the months of May through
October.
4. Attendance at events shall be limited to 250 people.
5. Compliance with City Code Ambient Noise standards.
6. All parking shall be off-street, and shall be set back and/or adequately screened
from adjoining properties.
7. Limiting the hours for any event to 10:00 a.m. to 10:00 p.m. including
take down activity. All event -related people must be off the site by 10:00 p.m.
8. On-site portable sanitation adequately sized for the events.
9. Prohibiting charging an admission fee for any commercial outdoor social
event.
10. The lighting meets code and lights go off at 10:00 p.m..
mein Rffffly.���
U
Mbifin J. Rafferty, Pity Ini Am, '
0
Published in the Lake Elmo Leader
Anthony Dorland, Moss & Barnett (attorney), Minneapolis, provided a handout to the
Council outlining the applicants' position brought forth in the Staff report.
Carolyn Hortter, 1959 North Park Drive, St. Paul, stated this was her childhood home and
her mother still resides there. The current driveway and the two pillars marking their
driveway have been there almost a hundred years, and are at least 8 feet before the curb.
The County approved the proposed second driveway in the event the property was ever
split. To move the current driveway will involve trees and. vegetation being cut down.
The existing well is 952 feet deep, not contaminated and gets tested yearly. Hooking up
to City water should continue to be the residents' choice.
The Council stated that as the Old Village develops, traffic on Lake Elmo Avenue will
continue to increase as the City grows. General consensus was that additional time was
needed to consider the minor subdivision and variance applications before making an
informed decision.
M/S/P Smith/DeLapp — to table for farther discussion at the March 13, 2007, Council
Workshop and return to the March 20, 2007, Council meeting for a decision.
(Motion passed 5-0)
The City Attorney requested legal descriptions of the side yard easements before
returning to the Council,
Council Members also requested that all City Code issues discussed at tonight's meeting
be interpreted by the City Attorney prior to the March 13, 2007, Council Workshop
meeting.
B. Review of the Commercial Outdoor Social Events Ordinance 97-167
The Senior Planner presented to the Council a review of the Outdoor Social Events
ordinance and the various options to consider which included: No action; Ordinance
Amendments; Repeal of the Ordinance; and/or a Moratorium on Outdoor Social Events
pending further review of the ordinance.
The City Council supported outdoor social events and believes a good faith effort was
made to create a supportive ordinance. However, several concerns have been brought to
the City's attention and Council is requesting the Ordinance be reviewed and/or repealed.
Donna Sloan, 12208 Marquess Lane North, stated that noise limits are hard to enforce
and would like the Ordinance repealed.
Kathleen Haggard, 12154 Marquess Lane North, stated the Commercial Outdoor Event
Ordinance is con -fusing, and it needs to be repealed. She thinks commercial activity
should not abut. residential areas so closely.
LAKE EL MO CITY COUNCIL MINUTES MARCH 6, 2007
safety, alcohol, and enforcement. Fle wants Lake Elmo to be responsible and the
ordinance repealed.
Charles Cadenhead, 1-2190 Marquess Lane North, stated. that two events per week is
excessive and wants the ordinance repealed.
M/S/P Smith/Park — to direct Staff to send Ordinance No. 97-167, Commercial Outdoor
Social Events, back to the Planning Commission for review and return with a
recommendation at the March 20, 2007, Council meeting. (Motion passed 5-0)
C. Comprehensive Plan Timeline Update
The Senior Planner summarized that the City's sector representative at the Metropolitan.
Council agreed with the City's determination that interim zoning districts are appropriate
for both the 1-94 corridor and the Village area. The interim districts will maintain the
existing properties in their current configurations and uses until such time that
development is guided or sewer becomes available. Such districts will be in confori-nance
with the current comprehensive plan as the planned development cannot yet occur.
Creation of such districts also carries the added benefit of providing the City with
additional time to craft the final zoning language that will govern these areas. The
revised timeline is through May 18, 2007.
D. Proposed C)akdale Comprehensive Plan Amendment
The Senior Planner reported that the City of Oakdale is seeking to amend their
comprehensive plan to re -designate 3.86 acres from Low Density Residential to
Commercial. The property in question is near Lake Elmo on the southeast corner of
Helmo Avenue and 1 01h Street. Staff does not foresee any negative impacts to the City
of Lake Elmo as a result of this change.
E. 2007 Work Plan
1.
The Senior Planner presented the priority work items for 2007, which were established by
the joint Planning Commission and City Council meeting on February 13, 2007.
The priority items recommended by the Planning Commission were:
1. Creation and adoption of zoning codes in the village area and 1-94 corridor that
conform to the approved comprehensive plan (due by July),
2. Zoning map update to ensure the City's official map reflects all ordinances approved
since 1995.
3. Interim use ordinance to allow for such permits and to define what constitutes an
interim use.
4. Revisions to the NC zoning district to address multiple problems which result in too
many variances.
5. Billboard sign ordinance to study and possibly adopt regulations governing the use of
LCD billboard signs. A year long moratorium on this matter was recently approved by
the City Council, so action must be taken on this topic within the year.
6. Sexually oriented businesses ordinance to regulate where such facilities could
potentially locate within the City of Lake Elmo. A year long moratorium on this matter
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
6
MEMO
(March 22, 2007 for the Meeting of March 26, 2007)
To: Lake Elmo Planning Commission
From: Kelli Matzek
Subject: Park Commission comments on Village Area Master Plan
A Special Park Commission meeting was held on March 14' to discuss the Village Area Master
Plan. At that time Bruce Jacobson presented the plan to the Park Commission and discussion
occurred. The comments provided in the attached letter stemmed from that discussion. These
comments will also be sent on to the City Council.
At this time, no discussion is needed regarding the Village Area Master Plan or the associated
comments from the Park Commission, This is being provided for informational purposes.
On Wednesday, March 14, the Parks Commission was briefed for a second time on the
draft Village Area Master Plan, and we had a broad discussion focused on issues relating
to parks and trails in that critical area. Because the conversation was so far-ranging, we
were concerned that any attempt to capture the perspectives of the Parks Commission in
any coherent way from the official minutes would be extremely difficult, so we asked at
the end of the meeting if Kelli Matzek could gather our thoughts together in the form of
bulleted points. She kindly agreed to do so, and I have taken those points and put them in
the following document. In addition to these bullets, the official minutes of our special
meeting will be available in April after the commission has had a chance to review and
approve them.
I think that it is safe to say that most commissioners were impressed by the plan but that
we had some fairly basic questions and, in some cases, concerns about the role of parks
and trails in the draft plan. I have tried to group the comments for sake of clarity:
The draft Park Plan identifies an anticipated level of service for each of the
various park types. This same approach should be utilized when evaluating the
location of proposed and existing neighborhood parks within the Old Village
Area.
The draft Park Plan and approved Comprehensive Trail Plan Guide should be
integrated into the Village Area Master Plan.
The central/playfield park ("Community Sports Complex") was thought by some
on the Parks Commission to be the "heart" of Lake Elmo, not necessarily the civic
center as was presented.
A key element of the draft Comprehensive Park Plan being developed by the
Parks Commission is the establishment of a "Central. Park" in the Old Village area
— a park that will serve as a central meeting place for the city as a whole and also
as green wace for the more densely developed Old Village area. This Central
Park is distinct from the Community Sports Complex also envisioned in the draft
Comprehensive Park Plan: it features water, easy walking trails, grass, flower
beds, trees, ponds, benches, appropriate -scale lighting, picnic tables, perhaps a
bandshell and/or gazebo. It is a place of subtle beauty that. people will come to
for quiet reflection, family gatherings, strolls by young and old alike, perhaps ice
skating in the winter. Parts of Como Park in St. Paul or Pioneer Park/Lowell Park
in Stillwater would be examples of such park space. The current iteration of the
Village Area vision does not capture this concept adequately. It should actually
position this Central Park as the heart of the city.
The Central Park should be located in close proximity to senior citizen housing so
that the elderly can easily access the walking paths.
It will be important to import into our consideration of parkland and green space
inside the Old Village area the concepts that informed the development of the
citywide Park Plan: functions of parks, service areas, levels of service, the use of
a needs analysis to determine scope of athletic fields, and a commitment to
linkages between parks within the Old Village area as well between the Old
Village, area and the rest of Lake Elmo's park and trail system.
The Plan should clarify legal ownership and maintenance of the open space that
serves as the buffer to the Old Village Area. If the greenspace buffer is privately
owned and maintained, that may detract from that space's role as a physical link
between the Old Village Area and the rest of Lake Elmo and the city's parks and
trails.
There should be clear trail connections designated to existing neighborhoods in
Lake Elmo to the village center. If there are not connections from the village area
to the rest of the city, that means a majority of Lake Elmo residents will only have
access to the downtown by busy roads.
The Old Village Plan should interconnect with and complement the
Comprehensive Trail Plan developed by the Parks Commission in 2006.
Some existing streets in the Old Village area are very narrow. Careful
consideration should be given to existing conditions (street width and
garage/shed/structure locations) with regards to plans for boulevard landscaping
and/or trail locations in right-of-way.
Safety concerns were expressed that the Community Sports Complex play fields
would be located on two sides and adjacent to the existing railroad.
Planning for how much use ball fields at the Community Sports Complex would
receive needs to include consideration that VAA uses virtually every available
non -school field within Stillwater and surrounding communities because the
school district charges for use now. Many community fields get use 6 or 7 days a
week for soccer and baseball/softball. A Community Sports Complex would need
parking and facilities to accommodate this volume, which would come not just
from Lake Elmo, but surrounding Washington County communities as well.
The Community Sports Complex should be physically separate from the Central
Park (although linked by a trail) so that the quiet activities pursued in the Central
Park are not impacted by the louder activities of the Community Sports Complex.
The Community Sports Complex should be envisioned having lights and formal
fields (baseball, soccer, softball) maintained at standards adequate to support
league play, but it should also have play space for less formal competition as well
as a significant play lot for young children. It may be possible to place the
Community Sports Complex immediately adjacent to VFW Park in order to build
on such investments already made in that existing park.
The Plan should clarify what walkingibike paths are coming from the EAST
(Fields of St Croix) area to the Old Village Area.
The trails within the Old Village Plan need to be identified as multiple use trails.
Biking is just one use. There will also be walkers (individuals alone, with young
children, pets, roller-bladers, etc.). These trails need to be designed to welcome all
and meet the safety needs of many uses.
When the sewer pipe is run up Lake Elmo Avenue and the road is reconstructed,
that opportunity should be used also to put in a bike route (proposed in the
Comprehensive Trail Plan Guide).
The City should be sure to reserve park land dedication funding for park purposes
only.
The Parks Commission should be consulted during sanitary sewer planning
concerning landscape design following construction. This is an important
opportunity for the Parks Commission to meet the objectives of trail and parks
plans in a cost effective manner.
The Parks Commission should be given a good estimate of recreation facilities
(athletic fields and structures -such as band stands) to be included in Old Village
plans, so that it can accurately estimate recreation needs outside of the Old
Village.
a Lions Park is spelled incorrectly in the current iteration of the document.
The Plan should be referred to as a "guide" in the same way that the
Comprehensive Trail Plan is entitled a "guide."
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obvious asset to the region." Change the language to read could serve or make it
even less concrete.
Page 31. This section of the draft Old Village Plan does not contain adequate
substance and content. It should capture the main principles which parks should
play in the Old Village area: 1) parks in this area (whether the Central Park, the
Community Sports Complex, the smaller neighborhood parks, or the trails and
green buffer) should draw people to the heart of the community and accommodate
their need for open space, 2) the green space within the Old Village area should
be clearly linked to the broader citywide network of trails as envisioned in the
Lake Elmo Trails Plan, and 3) the design, function, and scope of park land/green
space within the Old Village should articulate cleanly with the larger vision for
Lake Elmo parks as presented in the Lake Elmo Park Plan. This section, too,
should highlight the fact that the Old Village will be home to a Central Park (the
heart and lungs by which a growing city will breathe) and the Community Sports
Complex — the two "anchors" of the park plan for the City of Lake Elmo as a
whole. I'm just anxious to see that the planning that materializes within the Old
Village area is clearly linked to, and consistent with, the citywide planning and
vision relating to parks and trails.
Questions/Notes on the Planning Process
A commissioner asked if any larger players, e.g., the County Park Director, Jim
Luger, or others are giving/receiving input relative to this plan outside of public
meetings to which we have been given pertinent information, and the Commission
was told by Susan Hoyt that no meetings of this sort have taken place.
The consultant attending our meeting said that parcels are still being evaluated. If
any of those said parcels are pertinent to any of the Parks Commission's current
or future park parcels, it will be important that all such information be brought to
the attention of the Parks Commission in a timely manner.
The AUAR is being proposed only for the Old Village at this point. A
commissioner wanted a guarantee that this environmental tool never has the
potential to become a tool that can break the spirit of the tool and be used
backwards, e.g., say however unlikely, someone wants to build a water
tower/maintenance facility or some other building/usage on current or potential
park dedicated lands, and it then comes to Parks eliminating any action this
citizen advocacy/Council advisory group might take by showing "how it can be
done to mitigate environmental impact."
A question was asked if the Met
• can legally • the City • Lake Elmo
to link trails/parks
• take • that would dilute/damage our park, resources.
The Parks
• was told • the consultant and Susan Hoyt that "No, that
it is being left up to municipalities." If this isn't known for sure, this issue should
be clarified.
Concern was expressed that the City attorney should review both the
Comprehensive Trail Plan Guide and the draft Old Village Plan document to
make sure that parks and trails are adequately protected.
I would be happy to discuss any of these issues raised by the members of the Parks
Commission with you. While the sentiments are those of our members, I took the liberty
of editing some of the comments for presentation in this note, and I am responsible for
any errors that aught appear here.
M.
David Steele
Chair, Lake Elmo Parks Commission