HomeMy WebLinkAboutPZ Minutes; 2-23-15Lake Elmo Planning Commission Minutes; 2-23-15
City of Lake Elmo
Planning Commission Meeting
Minutes of February 23, 2015
Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Williams, Dodson, Kreimer, Larson and Dorschner
COMMISSIONERS ABSENT: Haggard
STAFF PRESENT: Community Development Director Klatt and City Planner Johnson
Approve Agenda:
The agenda was accepted as presented.
Approve Minutes: January 26, 2015
M/S/P: Williams/Larson, move to approve minutes as amended, Vote: 5-0, motion
carried, unanimously.
Public Hearing: Variance – 3033 Inwood Avenue N
Johnson started his presentation by explaining the variance request is for an accessory
building forward of the principal structure that does not meet the required 100-foot
front yard setback in Residential Estates. This property has unique constraints due to
topography, a BP pipeline easement and the location of septic drainfield. In addition,
the lot is a corner lot abutting two County roads (CSAH 13 and CSAH 6) and has above
average levels of traffic.
Johnson stated that from staff’s perspective, the 4 criteria for a variance would be met
and staff is recommending approval.
Williams asked the applicant if there wasn’t a more suitable location that didn’t require
a variance. The applicant stated that the location being requested is the best option,
and there is an added benefit that the structure would help block some of the noise
from the traffic of the busy nearby roads.
Public Hearing opened at 7:23pm
Greg McGrath, 1509 15th Street Court, wanted to congratulate the applicant for the
work and improvements he has made to the property. He spoke in favor of the
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variance. He also noted that the front setbacks in the RE district limits a property
owner’s ability to use their property.
Staff noted that no written comments were received.
Public Hearing closed at 7:25pm.
Williams noted that he is not in favor of recommending approval of the variance. There
was discussion about the proposed location of the structure. Williams suggested that
the structure be moved further to the north to provide greater setback to the southern
property line. Johnson provided clarification that the proposed location of the structure
would meet the required setback from the southern property line. It is the 100 -foot
setback from the western property line for which the applicant is requesting a variance.
Williams withdrew his objection based upon the clarification.
M/S/P: Dorschner/Larson, move to recommend approval of the variance request at
3033 Inwood Ave N to allow the construction of an accessory structure nearer the front
lot line than the principal structure and within the 100 foot setback from the front
property line based on the findings identified in the Staff Report , Vote: 5-0, motion
carried, unanimously.
During the discussion, the motion was amended by Kreimer to state that the
architecture of the accessory building will be substantially similar to the principal
structure, seconded by Williams.
Johnson noted that the Zoning Code already has language related to the building
materials and appearance of accessory buildings as they relate to principal structure . He
noted that this provision in the Zoning Code is in 154.406.E.
Kreimer withdrew the motion, Williams accepted the withdrawal of the motion.
Public Hearing: Zoning Text Amendment – Liquor Stores, Convenience Commercial
Zoning District
Johnson began his presentation by explaining that the request is for a zoning text
amendment to allow liquor stores as a permitted use in the Convenience Commercial
(CC) zoning district. There are only 2 properties in Lake Elmo that currently have this
zoning designation. The CC district was added in 2012 as part of the Zoning Code
update that added the urban residential and commercial zoning districts. Johnson
stated that requested action is to decide if liquor stores are an appropriate use for this
zoning district, as opposed to deciding whether a liquor store is appropriate on one
specific site. In deciding the actual location of liquor stores, the liquor license process is
the correct review mechanism.
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Keith Carlson noted that the Liquor Store would service the local community, and there
have been multiple requests for that use. He noted that there are presently no other
liquor stores in close proximity to the commercial property he owns.
Public Hearing opened at 7:59pm
No one spoke.
Public Hearing closed at 8:00pm
M/S/P: Williams/Dorschner, move to recommend approval of the requested Zoning Text
Amendment to change liquor stores to a permitted use in the Convenience Commercial
Zoning District based on the findings of fact listed in the staff report , Vote: 4-1, motion
carried with Larson voting no.
Larson referenced the U of M study about businesses in Lake Elmo. He noted that the
City already has more than average amount of liquor sales. He does not support the
motion, as he does not support further expansion of liquor stores as a use in the
community.
Williams asked the staff to do some research about size specifications and proximity
specifications for liquor stores.
M/S/P: Williams/Kreimer, move to direct staff to conduct research about 3 items:
proximity to liquor stores, size of liquor stores, and maximum size of convenience
commercial parcels, Vote: 5-0, motion carried unanimously.
Public Hearing: Wildflower at Lake Elmo Preliminary Plat and Preliminary PUD Plan
Klatt started his presentation regarding the application for a residential subdivision on
117 acres. This plan includes 145 single family lots and roughly half the site is preserved
as open space in the form of a nature conservancy, storm water ponds and parklands.
Klatt noted that the gross density of the site is 1.2 units per acre. The net density of the
developed portion of the site is 3.5 units per acre of the site.
Klatt highlighted the fact that a Comprehensive Plan Amendment was completed at the
time of the Concept Plan. The Met Council has since approved the requested Comp Plan
Amendment. Moving on, Klatt presented the approved Concept Plan. He highlighted
the changes between the Concept Plan and the proposed Preliminary Plat. The largest
change from Concept to Preliminary relates to the cul-de-sac in the northern portion of
the site. This residential area previously was accessed off Lake Elmo Ave, whereas now
it is accessed from the Wildflower neighborhood to the southeast. This change
occurred due to the need to run sanitary sewer to the residential sites.
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Klatt then described the area in the northern portion of the site, which is planned for a
nature conservancy. The northern portion has multiple wetlands in the area. The
developer is planning to use the northern portion for storm water purposes, as well as a
natural area to promote natural habitat and pollinators.
Klatt provided an overview of the feedback and comments from the surrounding
property owners. He noted that 3 letters have been submitted. One of the lett ers,
submitted by the Dupuis family, request that the trail in the northeastern po rtion of the
site be moved further away from their property boundary.
In relation to PUDs, Klatt noted why the PUD tool is being utilized in this case. In
addition, he identified the specific requests for flexibility as allowed under the PUD
ordinance. The flexibility requests include reduced lot size and setback requirements for
the courtyard homes, streets that do not meet the City standard for width, and a cul -de-
sac that exceeds the City’s standard for maximum length.
Klatt then presented specific details about the proposed street widths, comparing them
to the City’s minimum standards. This is one area where staff does not agree with the
applicant. More specifically, the City Engineer and Fire Chief are concerned about the
street width from a maintenance, snow removal, and emergency services access
standpoint.
One other critical note that Klatt highlighted is that the sanitary sewer that is available
to the site is currently not operational. One segment of the trunk gravity sewer from
the lift station to the railroad tracks is yet to be completed. The Easton Village
development has submitted plans to complete this segment of the sewer. The City
Council will review this development on March 3rd.
Klatt also noted that with regards to the stormwater management of the development,
the applicant is proposing to move stormwater to the north to the Goetschel Pond sub -
watershed. The Valley Branch Watershed District has reviewed this proposal and
completed a study. The watershed has agreed in concept to allow the stormwater to
move to the north.
To wrap up the presentation, Klatt identified the following critical path issues:
Street widths – developer proposal vs. staff recommendation.
Conservation easements – revised easement should be recorded prior to
approval of Final Plat.
Plat Dedication and Modifications – all right-of-way and stormwater pond areas
will need to be dedicated or easements provided.
Floodplain areas need to be addressed and either need to follow FEMA rules or
be taken out of the Floodplain areas.
Rain garden areas need to be reduced or minimized.
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Klatt discussed the draft findings recommended by staff. Staff is recommending that the
Planning Commission recommend approval of the Wildflower Preliminary Plat and
Preliminary PUD Plan, subject to 19 conditions of approval.
Finally, Klatt showed three additional exhibits submitted by the applicant: 1) Phasing
Plan, 2) additional landscaping and screening exhibit and 3) a concept site plan for the
park area.
Dodson asked about the flood plain. Klatt explained the process and noted that staff will
consult with the watershed district. Dodson asked if staff knew how long it would take
to resolve the issue. Klatt did not know for sure, but noted that the area in the flood
plain is proposed as the last phase of the development.
Larson asked how high Goetschel pond could rise and what type of damage could occur
if additional stormwater is directed there. Johnson stated that the study indicated that
the pond has been low since the early 2000’s. In addition, the watershed study revealed
that the previous 100-year flood elevation was reduced significantly with the more
detailed study.
Williams asked if Condition #9 regarding the street standards included sidewalks. Klatt
noted that the standard does include sidewalks. Williams asked if condition #8 of VBWD
report regarding pond is included somewhere in report. Klatt stated that is included in
condition 19. Williams noted finding 19 should be VBWD, not South Washington.
Williams asked about the tradeoff for Outlot N.
Dodson asked about the impact to the City of the rain gardens. He asked if the
maintenance is heavy. Dorschner noted that the rain gardens do require maintenance to
ensure that they drain properly. Williams asked if the HOA could maintain the rain
gardens. Klatt noted that they could maintain them, however, the City will still likely
need to be involved as they are located within the right-of-way. Klatt noted that if the
City is going to take on more rain gardens, there needs to be a more robust
maintenance program or policy in place. Williams asked how many rain gardens should
be eliminated. Klatt was not sure, but would work with the Engineer.
Dodson asked about the request to allow duplexes. The developer noted that the plan
to include a minimal amount to duplexes has been eliminated. Dodson asked if the
Concept Plan had any conditions with regards to single family design stand ards. Klatt
noted that no such condition was included.
Kreimer asked which trails would be paved and which would be grass. Klatt noted that
the public trails would be paved, and the HOA maintained trails may be grass in some
cases.
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Williams asked about accessing the trails. Klatt noted that there would be parking
available on the public streets.
Dodson asked about the “tear-drop” cul-de-sacs. Klatt noted that the Engineer is
recommending that they be designed for emergency and maintenance vehicles to
maneuver safely.
Larson asked if there is any parking available on Lake Elmo Avenue. Klatt noted that
parking is allowed in some areas, but there may be difficulties due to a bypass lane in
the areas for 43rd Ave. N. Larson also asked about making a trail connection to Fields of
St. Croix in the northern portion of the conservancy. Klatt noted that the City would
need to acquire the land or an easement to make the trail connection public.
Bob Engstrom discussed the street naming of the development. He discussed his
preference of looking at alternative street names that are not consistent with the
County street naming system. Engstrom discussed the purpose of the rain gardens. He
noted they are not required, but are above and beyond the watershed standard. He
recognized recognizes the maintenance concerns associated with the rain gardens.
Engstrom then moved on to the design of the streets. He noted that he does not agree
with the Engineer’s recommendations. He noted that there are many 18 foot roads in
Fields of St. Croix.
Williams asked about Mr. Smith’s letter which indicated he was waiting for a letter of
intent. Mr. Engstrom stated he would work on that.
Dorschner asked for clarification about street width and parking. Engstrom went over
the width of roads and single side and 2 sided parking.
Engstrom noted that the MN Land Trust is no longer party to the agreement with Fields
of St. Croix.
Dodson asked who the builders would be. Engstrom listed some of the participating
builders such as Hartman Homes, Redstone, TJB, etc. Dodson asked if the covenants for
the development would include architectural controls. Engstrom noted that there would
be standards in place based on some specific principles, such as 4-sided architecture.
Dodson asked when the developer would give control of the HOA to the neighborhood.
Engstrom noted that the control would transfer at 75% buildout.
To finish his comments, Engstrom noted that the trail system will include native species
specifically intended for pollinators. There will be an educational component.
Public Hearing opened at 9:42pm.
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John Hodler, 11834 44th Street Lane N, Fields of St. Croix, noted that the Fields of St.
Croix HOA identified 40 issues to resolve in order to support the Wildflower
development. He noted that they are down to 1 or 2 remaining issues. Hodler stated
that the Fields HOA supports the rain gardens, as it reduces the amount of water that
would go to the north. In addition, the Fields HOA also would like special attention paid
to the home on the eastern boundary of the development, some of which current ly
need to pump water via their sump pumps. Hodler also noted that the Fields of St. Croix
would like additional capacity in the sanitary sewer in case the Fields neighborhood
chose to connect to the City sewer system. He asked Engstrom which phase of the
Wildflower development included the sewer stub to Fields of St. Croix. Engstrom noted
it would be Phase II of the development. Hodler wanted it known that the sewer
connection is critical for the fields neighborhood. Paul Thomas, Pioneer Engineering,
explained that the sewer stub is readily available as part of Phase I of the development.
In other words, if the Fields of St. Croix neighborhood needs to connect to sewer before
Phase II moved forward, the stub is easily accessible. Dorschner asked if the City
Engineer has reviewed the proposed additional capacity needed to serve other
neighborhoods. Klatt noted that the City Engineer has confirmed that there is additional
capacity.
Richard Smith, 11514 Stillwater Blvd N., read a letter from Robert and Marcy Eischen,
who reside at 11676 Stillwater Blvd North. He also highlighted the comments noted in
the letter submitted by Mary Jean Dupuis. Finally, Smith presented his letter and made
some additional comments about commitments made to Smith from Engstrom.
Williams asked if an additional condition of approval would be warranted. Klatt noted
that it could be incorporated.
Neil Krueger, 4452 Lake Elmo Ave. N., thanked staff and the City for the notification. He
noted that communication is critical to build community. Krueger asked where the
water will outlet from Wildflower at Lake Elmo to Geostchel Pond. He noted his
concern about the storm water in the northwestern cul-de-sac area. He noted that they
have not received adequate answers to some of their questions. Williams asked which
questions remain unanswered. Kreuger noted the following questions:
1) How does the water flow to Geotschel Pond, physically.
2) How does the stormwater plan impact the water in and out of their property.
Deb Krueger, 4452 Lake Elmo Ave. N., noted that she has lived in the community for a
long period of time and worked hard to complete a vision for the Old Village community
that included open space and greenbelts. She is concerned that this vision has been
lost. She also supported the previous comments about the importance of
communication. She reiterated their concern about flooding or additional water being
directed to their property. She asked if it is the liability of the City to ensure that no
additional stormwater be directed to their property. Deb Krueger noted that there
should be a guarantee that the trails be public. She also suggested that some trails be
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constructed of pervious material. To wrap up, she asked if the City will be responsible
for the culvert in between the Krueger property and the Wildflower development.
Williams asked who is responsible for the culvert. Klatt confirmed that if the culvert is in
County right-of-way, then the County is responsible. Deb asked that no parking be
allowed on Lake Elmo Avenue. Dodson noted that the road is County jurisdiction.
Williams asked the Engineer of record how the water travels to Goetschel pond. He
notes that water travels overland in the northeastern portion of the site. The Engineer,
Paul Thomas, noted that additional capacity is being provided in the flood plain area to
address the added water volume. The Kruegers noted that the pond just east of Lake
Elmo Ave has overflowed and gone across the road to the Krueger property.
Matt Frisbee, representing Mike Lynsky, noted that the Lynsky group would like to be
part for the dialogue regarding the grading of Layton Ave. North. They would also like to
discuss potential connections to Layton that may serve the Lysnky parcels. Finally, they
wanted to ensure proper erosion control.
Three letters were submitted into the public record from the surrounding landowners
(Eischen, Smith and Dupuis).
Public Hearing closed at 10:37pm.
Williams noted that he is concerned about acting on this item tonight. The surface water
management is the big issue including how many rain gardens would be considered
acceptable by the City Engineer. He also asked if the street pavement widths could be
increased to meet City Standards in place of the rain gardens.
There was a discussion of the ownership of the trails. Klatt noted that the City is
beginning conversations with various HOAs about connections of private trails to public
trails.
Williams requested additional information about the impact of the storm water system
on the Fields of St. Croix drainfield. He suggested it be reviewed by the City Engineer.
Klatt noted that the stormwater management plan has been reviewed by the City
Engineer and Valley Branch Watershed District. Through these reviews, no major
concerns were identified related to the Fields drainfield or the culvert in between
Wildflower and the Krueger property. There was additional discussion about the storm
water management of the site.
There was discussion about whether to table consideration of the application, or take
action this evening. The majority felt there needed to be more answers, especially
regarding the storm water plan.
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Williams requested comment from the engineer, public works and fire department
about the concerns related to narrower streets. Planning staff shared some of the
common concerns that public works, fire and the engineers share with regards to
narrower streets.
Kreimer noted that he feels that the storm water issue is too important not to get more
information before taking action.
The Planning Commission then discussed the proposed conditions and findings:
Condition #4: Changed to read – The developer has requested the inclusion of public art
within common areas and public property throughout Wildflower development. Prior
to placement of any art on publicly owned property or public rights-of-way, the
developer and City shall enter into an agreement that clarifies the individuals or entities
responsible for maintenance, upkeep and removal of any public art. No art installations
can conflict with the dark skies ordinance.
Condition #7: Changed to read – The utility construction plans shall be updated prior to
final plat, to incorporate the recommendations of the City Engineer’s memo dated
February 18, 2015, concerning the appropriate location and size of sewer services
through the PUD planning area, including any requested oversizing of these facilities to
service adjacent properties.
Condition #11: There was a general discussion about this condition, which Klatt stated is
a general condition for all developments. There was no change made.
Add Condition #20: documentation be provided to establish easement and access to the
Smith property prior to final plat.
Condition #13: there was discussion about allowing variation of the street names. The
Commission decided to keep the condition in place and utilize the County street naming
system.
Condition #18: There was discussion about the timing of the sewer segment yet to be
completed. Klatt explained the intent of the condition and timing of the upcoming
review by the City Council on March 3rd. This issue might be resolved by the time the
application returns to the Planning Commission should they postpone consideration.
Williams suggested an additional finding of fact that reads - the change in conservation
easements on Outlots O and P are justified due to the much greater amount of
conserved open space received in return.
M/S/P: Williams/Dodson, move to postpone taking action on the Wildflower Preliminary
Plat to gather additional information, vote: 5-0, motion carried unanimously.
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Items for further info:
1) Rain gardens and specifically how many.
2) Could the road widths be expanded in place of raingardens.
3) Narrow streets – what are specific problems associated with them.
4) Fields of St. Croix drainfield - Are there problems with directing water across.
5) Drainage issue near Krueger property – Are there any issues with culver and
flooding with this area.
Planning Commission suggested that the Engineer attend the meeting.
There was a discussion about the extra-long cul-de-sac and Williams suggested an
additional finding of fact.
M/S/P: Williams/Dorschner, move to amend the motion to add additional finding of fact
regarding extra-long cul-de-sac, vote: 5-0, motion carried unanimously.
Finding reads: The extra-long cul-de-sac is justified based on the unique circumstances
of this property and development.
Business Item: Lennar Homes Sketch Plan – Diedrich/Reider Property
Klatt started his presentation by going over the sketch plan for a proposed residential
subdivision for a 50 unit single family detached development on 14.35 acres. This
subdivision is located in the I-94 corridor along Lake Elmo Ave and immediately north of
Hunter’s Crossing.
No formal action is required with the sketch plan.
Klatt noted that the site was the subject of a previous Comp Plan Amendment, changing
the guidance of the site from high density to medium density residential. The site is just
north of the Hunters Crossing single family subdivision. The gross density is 3.48 units
per acre, and the net density is 4.17 units per acre, which is near the low end of the
allowed range for medium density (4-7.5 units per acre). Klatt noted that the layout of
the subdivision is straightforward, as there is limited area on the parcel to have a much
different layout. In addition, the timing of the development may be good, as the
applicants could participate in the full construction of 5th Street.
Williams asked about the proposed zoning of the property. He noted that the
application stated that the zoning would need to be PUD. Klatt confirmed that the
proposed plan would meet the zoning standards for the MDR zoning district.
There was discussion about the possibility of trail connections to the cul-de-sacs.
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Kreimer asked if the access spacing would be acceptable to have driveways near the
entrance of the development, as is the case with one of the twin homes. Klatt stated
that he would bring that up with the engineer.
Dodson asked if the development had been reviewed by the Park Commission. Klatt
noted they still needed to schedule review by the Park Commission.
There was a question about the adjacent golf course, if that would cause a problem.
There is not a major concern, as there is a power line easement that provides a buffer.
In addition, the golf course is down an incline from the development.
Paul Tabone spoke about the development. He noted that the product is a twin home
that is a side by side home. There will be a homeowners association. They are planning
on submitting a preliminary plat this spring. The development could be built in one or
two phases.
Williams asked if the streets would be public or private. Klatt noted that the street
would need to be public per code. There will be further discussion on the nature of the
ownership of the road.
Williams made two recommendations: 1) that a trail connection be made to the eastern
cul-de-sac, and 2) that Lennar makes every effort to construct 5th street with Ryland
Homes as part of one project.
Tabone asked if the Commission saw any other red flags since they are in the
preliminary stage.
Dodson recommended that some design standard for the garage doors be considered.
Williams suggested that recessing the garage doors is a good technique. There was
additional discussion about the design of the twin homes.
Updates and Concerns
Council Updates – February 3, 2015 Meeting
1. Blinkoff Pool – Sale of Property and Vacation of Park Land was approved.
2. Easton Village Final Plat – Tabled by the City Council.
3. Planning Commission 2015 Work Plan was accepted.
4. Staff presented the 5th Street design to Council.
5. Approval of Municipal Consent of Phase I of Downtown Street and Utility
Project
6. Appointment of Gary Fields as Full Voting Member of Planning
Commission
Staff Updates
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1. Upcoming Meetings
a. March 9, 2015
b. Future Joint Meeting with EDA – still undetermined
Commission Concerns
Klatt discussed the distribution and better access to upcoming application and
development plans.
Meeting adjourned at 11:52 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant