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Home My WebLink AboutPZ Packet 11-14-11OWN LAKE City of Lake Elmo ELMO OM 0 Laverne Avenue North Lake Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www.LakeElmo.Org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, November 1.4, 201. 1, at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. None 4. Public Hearings a. CHRIST LUTHERAN CHURCH EXPANSION — CUP AMENDMENT, VARIANCE, SITE PLAN REVIEW: Christ Lutheran Church, 11194 36th Street North, has submitted an application to expand its current facility and make other improvements to increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. The request includes the reconfiguration of Laverne Avenue to utilize a portion of the right-of-way for parking and a drop-off area in front of the church. The variance would allow an expansion into existing setbacks on the east and west sides of the building. b, CAPITAL IMPROVEMENT PLAN: Review of a 5 -year capital improvement plan for the city of Lake Elmo for the years 2012 to 2016. 5. Updates a. City Council Updates: i. November 9, 2011 Joint Meeting with Library Board b. Staff Updates i. Upcoming Meeting: November 16, 2011 —1-94 Planning Area Open House c. Commission Concerns 6. Adjourn Planning Commission Date: 11/14/11 Public Hearing Item: 4b ITEM: Hold a public hearing on the 2012-2016 Capital Improvement Plan SUBMITTED BY: Kyle Klatt; Planning Director REVIEWED BY: Joe Rigdon, Interim Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: As part of its responsibility to review and approve a Comprehensive Plan for the City, the Planning Commission is also required to review a five-year capital improvement plan (CIP), which is typically prepared in conjunction with the preparation of a budget for the following year. Staff scheduled a public hearing to review the 2012-2016 Capital Improvement Plan with the Planning Commission on October 4, 2011; however, the draft CIP was not finished at this time and the Commission continued the public hearing until its November 14, 2011 meeting. A draft CIP has now been completed by the City's Interim Finance Director, and is attached for review by the Planning Commission. Staff is recommending that the Planning Commission recommend approval of 2012-2016 Capital Improvement Plan for the City. Recommended Motion #1: To open and conduct a public hearing on the proposed 2012-2016 Capital Improvement Plan Recommended Motion #2: To close the public hearing on the proposed 2012-2016 CIP Recommended Motion #3: To forward the proposed 2012-2016 CIP and the comments received during this Public Hearing to the City Council for subsequent review, assessment and adoption. BACKGROUND: Attached, please find the 2012-2016 Capital Improvement Plan (CIP). MN State Statutes views the Capital Improvement Plan as an element of the Comprehensive Plan, which requires a Public Hearing by the Planning Commission and subsequent formal adoption by the City Council. Consistent with State Statute a Notice of the Public Hearing was published in the City's official newspaper. The draft 2012-2016 CIP has been compiled by City staff, with input from the various agencies and departments, prioritized by the City Administration, and initially reviewed and discussed by the City Council at a recent public meeting. ADDITIONAL INFORMATION: The purpose of a Capital Improvement Program is to provide a multi-year plan of major projects and related expenditures. It is intended to be used as a tool for identifying future infrastructure projects and to prevent duplication of projects (i.e. street reconstruction project followed in a subsequent year by a water main project). The CIP is also used as a long term financial guide to identify expenditures and related funding sources. Major projects planned for 2012: o Library building improvements o Park improvements and maintenance 0 50th Street and Kimbro Avenue road improvements o Keats Avenue road improvements o Street seal -coating o Street and water quality improvements o Fire department site planning 0 1-94 to 30th Street sewer trunk force main o Village Parkway trunk sewer (phase 1) o Well and pump house #4 construction o Keats trunk water main extension o Rain garden improvements o City facilities improvement RECOMMENDATION: Staff is recommending that the Planning Commission continue the public hearing concerning the Capital Improvement Plan and recommend approval of 2012-2016 Capital Improvement Plan for the City. ORDER OF BUSINESS: - Introduction......................................................................................... Planning Director - Report by staff..................................................................................... Planning Director - Questions from the Commission....................................Chair & Commission Members Applicant Comments.............................................................................. Chair facilitates - Questions of the Applicant.............................................Chair & Commission Members ( - Open the Public Hearing........................................................................................ Chair - Close the Public Hearing....................................................................................... Chair - Call for a motion.................................................................................... Chair Facilitates - Discussion of Commission on the motion ............................................. Chair Facilitates Action by the Planning Commission..............................Chair & Commission Members ATTACHMENTS (1): 1. 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K�z¢zz00000 a� Fa¢zza¢aa¢zii�a�5'S'�� 6¢¢ @ a�°s°a e2E- r8 =Z�NNZ6NNNNNZZ Joo�oRF TiL, Z ME. . 75N~'EE EE EE Yn 5555 Ari N.y .43RVc s= j 600NNNN�FNNNF oz A :�6www4m�m 6Nn000 NSusn23332� ��u gpn mmm ZN �-W�W�t."G Y Y2 A 585 N�� NZ y L EE ^' o K n['uRRRRe�iN&NNN« PvurNR jE'ry � @ � a Ygi�icif @@@ Ygi�fi e;;;;e �i-FiSEu�gim��fi��YgiLL6L2tl��i��iu�i 2 @@ B55 JVn - a MIM IM MMI, aa° ___S c N Planning Commission Date: 11/14/11 PUBLIC HEARING Item: 4a ITEM: Conditional Use Permit Amendment and Variances: Christ Lutheran Church Expansion SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Ryan Stempski, City Engineer SUMMARY AND ACTION REQUESTED The Planning Commission is being asked to consider a request from Christ Lutheran Church, 11194 3eh Street North, for a Conditional Use Permit amendment and variances related to an expansion of its present facility. The specific action requested from the City is as follows: • Conditional Use Permit Amendment to allow the expansion of a church within a PF — Public Facility Zoning District. • Variances from the required 50 -foot side yard setback to allow an addition to the building that is set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. • A Variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off-street parking stalls available to the Church. ADDITIONAL INFORMATION: The attached Staff report includes a detailed review of the application along with a Staff recommendation. RECOMMENDATION: Staff is recommending that the Planning Commission table the Conditional Use Permit amendment and variance requests by the applicant in order to ensure that all of the City's review comments can be address by the Church. Being cognizant of the applicant's desire to continue moving forward with the project in a timely manner, Staff has prepared an alternate recommendation for consideration by the Planning Commission based on the draft findings included in the detailed Staff report This recommendation is for approval of the permits requested (Conditional Use Permit amendment and variances) with specific conditions of approval as follows: The applicant shall submit a septic system inspection report prepared and signed by a licensed septic inspector verifying that the current septic system is compliant with Washington County regulations, and that: a) address the available capacity of the system and states its ability to accommodate the additional use created by the expansion project, or provide a design for its expansion, and b) includes a description o the current system type and components, dimensions, and capacity. 2. The proposed building addition must meet all requirements of Chapter 4 of the Washington County Development Code. 3. The applicant shall provide a detailed narrative to describe the purpose and need for a second water service connection, including projected water uses. The proposed connections shall be subject to review and approval by the City Engineer. 4. The applicant shall pay a Water Availability Charge based on any increase in the Residential Equivalent Connection calculation for the new addition. 5. The applicant shall provide detailed plans and specifications for all work proposed with the City right-of-way in accordance with the City's Design Standards Manual. These plans shall indicate existing conditions, including roadway widths and all public and private utilities within the roadway, and incorporate information as requested by the City Engineer. 6. Any work proposed within a City right-of-way shall only be allowed upon the approval of an improvement/developer's agreement between the City of Lake Elmo and the applicant. 7. The applicant shall provide a calculation for the existing and proposed impervious coverage on the site. 8. The applicant shall submit a storm water management and a drainage and erosion control plan for the site prior to the issuance of a building permit or before any work with may commence within a public right-of-way. 9. The applicant shall submit a lighting plan that includes the light pole details and standards (pole height and type, fixture type, and photometric plans). All new lighting shall conform to Section 150.035 through 150.038 of the City Code. 10. The applicant shall submit a landscape plan for review and approval that provides for replacement of any trees removed as part of the site work. The applicant shall work with the City to identify suitable locations for replacement street trees on the site, giving preference to any suitable locations within the Laverne Avenue boulevard. The applicant shall also consider the conversion of existing or planned paved boulevard areas to natural vegetation where possible as part of the planned street improvements. 11. The applicant shall maintain existing screening and buffering located between the Church site and adjacent residential uses. 12. The applicant shall work with the City to identify appropriate modifications to the no parking designations in the area as part of the proposed street improvements to Laverne Avenue. ORDER OF BUSINESS: - Introduction ................................ - Report by staff ........................... - Questions from the Commission - Applicant Comments ................. - Questions of the Applicant ........ - Open the Public Hearing ........... ...........Planning Director ....................................................Planning Director .............................. Chair & Commission Members .......................................................Chair facilitates .............. Chair & Commission Members ....................................................... Chair Close the Public Hearing........................................................................................Chair Call for a motion................................................................................... Chair Facilitates Discussion of Commission on the motion ............................................ Chair Facilitates Action by the Planning Commission .............................. Chair & Commission Members ATTACHMENTS: 1. Staff Report 2. Application Form 3. Application Narrative 4. Location Map 5. Location Map/Aerial Photograph 6. Review Letter from TKDA 7. Review Letter from Valley Branch Watershed District 8. Site Plans 9. Architectural Drawings 10. Site Survey (Large Plan -Size Document) City of Lake Elmo Planning Department Conditional Use Permit Amendment and Variance To: Planning Commission From: Kyle IQatt, Planning Director Meeting Date: 11/14/11 Applicant: Christ Lutheran Church Owner: Christ Lutheran Church Location: 11194 36`x' Street North Zoning: PF — Public and Quasi -Public Open Space/Public Facilities Application Summary: nest The City of Lake Elmo has received an application from Christ Lutheran Church, 1119436 1h Street North, to expand its current facility and make other improvements intended to increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. In order to move forward with its plans, the Church has requested the following specific action from the City: • A Conditional Use Permit amendment to allow for the expansion of an existing structure that pre -dates the City's zoning regulations. Because a Church is permitted by Conditional Use Permit in the PF — Public Facility Zoning District, an expansion or major modification to the building requires a new permit (or amendment) from the City. • A variance from the side yard setback requirements within a PF —Public Facility zoning district. The site plan submitted by the applicant indicates that the proposed additions to the building will be set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line, both of which are side yard setbacks. The PF zoning district requires a minimum side yard and corner side yard setback of 50 feet. • A variance from the parking requirements for a PF — Public Facility Zoning District to allow the expansion of a building without an increase in available off-street parking. The expansion into the existing side yard setbacks would allow the Church to create upgraded entrances into the facility in the form of two new vestibules and covered roof canopies over both of these entrances. Please note that the application narrative provided by the applicant does not seem to accurately portray the setbacks shown on the site plan for the eastern entrance. In addition, the applicant has provided setbacks (and has shown the building setback lines on the site plans) from property lines and (.7UPAm..entiment/Variance Request, Christ Lutheran Church Planning Commission Report; 1.1/14/11 Property Information: not from the official right-of-way lines. Staff has taken scaled measurements from the site plans and used the right-of-way lines to determine the official setback variance being sought as noted above. The proposed plans also call for a major reconfiguration of Laverne Avenue as part of the eastern entrance improvements. The applicant is proposing to reconstruct the boulevard along Lavern Avenue to create a drop-off area for visitors to the Church and to install a new sidewalk within the street right-of-way along the length of its property. These improvements would tie in with the overall plans to improve access into the Church facility. Although the request to improve the right-of-way is technically a separate action for consideration by the City, Staff is recommending that these improvements be considered as part of the overall site plan review by the Planning Commission and included in the Planning Commission's recommendation to the City Council. The attached site plans highlight the proposed changes to the building that are being sought, and also show the reconfiguration proposed for Laverne Avenue. The applicant has also provided a detailed narrative explaining the project and the need for the improvements. The Christ Lutheran Church building was initially constructed in the 1950's, and the facility has been expanded and improved at various times over the past several years. The most recent major renovation/expansion occurred in 1996, since that time there is no record of any other significant improvements in the City records. The facility includes several different components, including the sanctuary, offices, atrium, classrooms, conference room, kitchen, and other ancillary functions. Because the facility has been expanded various times in a piecemeal fashion, and given the age of many of the improvements, the Church would like to improve overall access throughout the facility and create additional space for church functions. The applicant's site is located within the heart of the Village Planning Area, and is one of a series of PF — Public Facility uses that is scattered amongst the residential and commercial uses within the Village. The Church also owns the former Lake Elmo Bank building at 3549 Lake Elmo Avenue North, and uses the parking lot accessory to this building to help provide for the parking demand around the Church on Sundays and during other peals usage times. The attached site survey includes all of the property owned by the Church in this area, which is spread between four separate parcels of land. In addition to the parking provided on the old bank property, the church has a small amount of parking along the west side of the facility (mostly handicapped stalls) and a larger parking lot immediately north of the building. This parking lot has direct access to Laverne Avenue and indirect access to 36t" Street along a driveway that runs the length of the church property. In total, there are 33 parking stalls located on the main church site, with an additional 37+ stalls on the old bank site. Just using the parking calculations for the main sanctuary, which has a maximum seating capacity of 266, the church would need to provide 67 parking stalls for the building (4 per seat in the main S. -land Z u!CbTlChrut Lutheran Chur6ht Rerr PZ Christ Lutheran C'L%P.9ntend-F"arrnnce 11-14-11,doc Pagw 2 CUP Amendmew/Vuriance Request: Christ Lutheran (7hurch Planning Commission Report; 11/1,1111 Applicable Codes: assembly hall). The Zoning Ordinance notes that other uses within the facility should be factored into the final evaluation of parking for the site. Since the church is already short on parking for the main assembly hall by itself, any expansion of classroom/meeting space will require a variance from the City's parking standards. Within the Village area, it is not uncommon for buildings to be located at reduced setbacks from the street and to not provide the required amount of off-street parking otherwise required by the Zoning Ordinance. The City recently revised its requirements for the GB — General Business District in the Village area to allow for reduced setbacks and the waiver of parking requirements. The applicant's proposal is therefore not out of character compared to the commercial uses that are located in close proximity. The Church is located in an area that has experienced storm water flooding issues in the past, and although the proposed project will not require a Valley Branch Watershed District, the applicant's plans should incorporate storm water mitigation measures to manage the additional runoff from proposed increases in impervious coverage for the site. Section 154.063 PF — Public and Quasi -Public Open Space (B) Uses allowed by conditional use permit (2) Places of Worship Sections A through F contain the district regulations for the PF Zoning District Section 154.018 Conditional Use Permits. (A) Granting/Denial. Outlines the general requirements for all conditionally permitted uses in Lake Elmo. (K) Amendment. In accordance with Section 154.018 K of the Zoning Ordinance, an amended conditional use may be administered in a manner similar to that required for a new permit. Section 150.017 Variances. (A -I) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. & General Site Overview Site Data: Lot Size: 1.14 acres (3 parcels, including street right-ot-way) Existing Use: Place of Worship (includes accessory uses) Existing Zoning: PF— Public and Quasi -Public Facilities Property Identification Numbers (PID): 13.029.21.21.0020; 13.029.21.23.0060; and 13.029.21.23.0061 S'G.mrd Z u �;UP;i`hrist Lutheran Cluu�t]t4Re� FZ Christ l.rerla<erarz Ctrl .4nterrd-F'tzrlcuare 1 /-Jd-! l.idcrc Pc(ge CLIP Amendnrenl/F ariran(e Request; Christ Lutheran Chureh PlanningCommtssion Report; ./ 1/14,/11 Review: General The establishment of the Christ Lutheran Church on the applicant's property pre -dates Review the current zoning regulations, which now would require a "place of worship" to Requirements secure a Conditional Use Permit in order to be permitted on the site. In situations like this, the proper procedure is to review any expansions or alterations on the site as thought a Conditional Use Permit was previously granted. The applicant has therefore submitted their request as a Conditional Use Permit amendment to expand the facility in the manner depicted on the attached site plans. In addition the Conditional Use Permit amendment request, the applicant is also seeking approval of specific variances, due in part to the current location of the church on a small parcel of land within the City's Village Planning area. The current configuration of the church leaves no room for an expansion that meets the City's underlying zoning requirements as most of the facility is already located within required setback areas. The City's PF zoning district applies to only a few structures within the Village, in which larger setbacks and significant parking requirements are generally out of place. The City's requirements for the two components of the applicant's request are noted below. A major component of the plans also includes a request to reconfigure the right-of- way along Laverne Avenue, which Staff is suggesting that the Planning Commission review as part of the overall project. Should this aspect of the planned improvements move forward, the applicant will need to enter into a separate agreement with the City concerning the proposed work. This agreement would ultimately serve as the City's authorization to proceed with the improvements that are proposed. The City Engineer has provided an initial review letter of the applicant's plans, General Staff requested additional information in order to complete the City's review. The Review comments focus on the following aspects of the project: 1) septic system compliance and capacity, 2) Water service connections, 3) work within the City right-of-way, and 4) additional application requirements. While some of the information that has been requested could be submitted at a later date, Staff is concerned that some of the requested information is critical to evaluate all potential impacts from the proposed project. Although many of these details could be addressed through conditions of approval, Staff is recommending at this time that the Planning Commission table this request in order to assure that all questions and issues identified by Staff have been addressed. Knowing that the applicant is on a schedule and would like to proceed sooner than later with the improvements, Staff will be drafting suggested conditions of approval as part of an alternative course of action that could be taken by the Planing Commission. While the Conditional Use Permit and Variance requests each have specific standards that must met by an applicant, the request to make improvements within the Laverne Avenue right-of-way are not subject to these same requirements. As such, the .S - :Land Z ,e C UVChrxst Lutheran C1u r,,ViWop PZ Christ haheran CUI' Amend -d ammce 11-14-11 doc Ffkge 4 CUP AmendmentlVarumce> Request; Christ Lutheran Cbxrch Planning Commission Report; 1111"14/11 proposed work does represent a fairly major change to the street, and would have the following impacts on the surrounding neighborhood: • There are four larger trees (two ash and two maple trees according to the applicant) along Laverne Avenue that would need to be taken down to make room for the proposed driving/drop-off lane. Although these trees could be replaced with new trees elsewhere on the site, there is very little room on the site to do so, and almost no room within the boulevard to maintain trees within the City right-of-way. • Parking is not allowed along the eastern edge of Laverne Avenue, and is instead allowed only along portion of the street. The proposed drop-off area would eliminate approximately eight parking stalls within the street if parking were not allowed within this new area. The fire chief has recommended that this lane be marked as a fire lane, which would eliminate all parking along the Church's portion of Laverne Avenue. • Should the City agree to move forward with the plans for Laverne Avenue as proposed, Staff would recommend that the parking/no parking situation along this street be revisited by the City Council. It may make sense to move the "no parking" signs to the opposite side of the entire street since there are seven homes along the east side of the street and only three along the west side of the street. The overall parking situation should be considered as part of any request to modify the boulevard in front of the Church. • The proposed boulevard work would remove nearly all of the pervious landscaping presently along Lavern Avenue in front of the Church, and adequate storm water plans will be needed to ensure that the additional storm water runoff will not contribute to existing drainage deficiencies in the area. • If the applicant is permitted to move forward with its project within the City's right-of-way, Staff would like to propose that some additional green space be reclaimed within the boulevard area along Lavern Avenue that is adjacent to the northern parking lot exit. The entire boulevard adjacent to this parking area is paved, but could provide some room for replacement trees and landscaping next to the street. Prior to reviewing the specific CUP and Variance criteria, Staff would like to add the following additional comments concerning the proposed site development plans: • The maximum impervious coverage requirement in the PF Zoning District for a lot under five acres is 39.5%. The applicant most likely exceeds this amount, and has been asked to document the actual percentage with the proposed improvements. Should a variance be needed, it will need to be addressed as part of the City's review. • Although screening of PF structures next to residential districts is addressed by the Zoning Ordinance, this screening is not required across a street. There is also a row of hedges along the applicant's western property line that provides screening between the Church and a residential use. Staff is not S. land L soCUP;C'hov haheran Chu ch.Rep PZ C%d tr Lutheran C UP.41n end-Varimue i t-14-1 Ldoc Page, j CLIP nimendnren E'uriance 12egnrst; Christ Larthm-fin Church Planning Comneission Report; 71/111/11 recommending that any additional screening be required as part of the current request. In general, the proposed improvements should not significantly alter the impacts of the Church facility on the surrounding properties. The most significant neighborhood impact will be from the work proposed with the right-of-way and the loss of existing street trees that help maintain the residential character of the area. Any increase in impacts associated with traffic, noise, property values, and other factors will be minimal when compared to the present situation. The two sections of code that contain CUP requirements for this project include the PF District regulations and Conditional Use Permit section. First, the PF District requirements contain specific criteria for "Places of Worship". These requirements, with Staff comments, are as follows: • Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial. None of the routes immediately adjacent to the Church is a collector or arterial road, however, the old bank building is adjacent to Lake Elmo Avenue, which would meet this requirement. Since the church's location predates the Zoning Ordinance, this condition will not apply. • No use may exceed 235 gallons wastewater generation per day per net acre of land. The applicant did not provide a figure for the amount of'waste water generated by the Church. The proposed improvements will not significantly increase the demand; however, since the maximum seating capacity of the church will not change with the proposed work. The City Engineer has requested a system inspection report to complete the City's review. • No on-site sewer system shall be designed to handle more than 5,000 gallons per day. A review conducted by the City Engineer when the 1996 project was submitted for review indicated that the drainage system consisted of a 1,000 tank with a 600 square foot drain field area. Although this is below the threshold, for a PF zoning district, the City Engineer has requested additional information and clarification concerning the location and capacity of the current system on the site, and confirmation that the facility is able to comply with current County septic requirements. • Exterior athletic fields shall not include spectator seating, public address facilities or lighting. There are no athletic, fields on this site. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. There are no broadcast antennas on the site. The City is also required to make findings specific to the Conditional Use Permit. For these types of applications, the burden is on the City to show why the use should not S:,Land I sc!Cf %P�C'In ist Lutheresn Church Rap PZ Christ hrrh<=rare CUP A illcluf F'rr, ww"e 11-I4-1I'doc Mage 6 CLJI'.^ineerad rerr 6'ar ion e Request; Christ Lutherfin Church Planning Commission Report 1.t/,14/11 be permitted due to impacts that cannot be controlled by reasonable findings include the following: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land 3. The effect on utility and school capacities 4. The effect on property values of property in the surrounding area 5. The effect of the proposed use on the Comprehensive Plan Provided that all additional submission requirements and application details are provided to the City, Staff would offer the following proposed findings in response to the standards listed above: 1. The proposed use is to expand and make renovations to an existing facility that will increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. Since all of these activities are currently occurring on the premises, the proposed improvements will not significantly alter the current operation or impacts associated with the facility. The proposed improvements will reduce neighborhood impacts by creating clearly designated entrance and exit points while removing all short-term vehicle trips from the traveling lanes of Laverne Avenue. 2. The propose improvements will allow.for a more efficient use ofparking areas around the site and will create a designated drop-off area away from residential uses. 3. The proposed use would have no effect on utility capacities. The City will collect a Water Availability Charge for any additional water capacity that is anticipated from the new addition. 4. The proposed amendment would have no effect on property values of surrounding lands. 5. The proposed improvements are consistent with the City's Comprehensive Plan considering that the Christ Lutheran Church property is guided for public facility uses according to the future land use map. An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below: 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under S. IL anel i u CUP'.0 Chid Lutheran t hmzrTt R.p PL Christ hallerarr CLiP Anteed-F"rrrim e 7 /--1�-7 Ldac g C: L,N..�nsenrintent/G'tn•iaance Requesl, Christ Luthenvi Church Planning Commission Ruport; 171114/11 consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, staff would offer the following suggested findings specific to the variances that have been requested by the applicant: 1. The proposed building additions and the applicant's desire to improve the entrances into an existing facility area reasonable use of the property. There are no portions of the applicant's site that could accommodate any extension of the existing building without a variance. The structure has been modified at various times in its past, and any accessibility improvements would be difficult to accomplish within the existing footprint of the building due to the current mix of different building elevations, materials, and styles. 2. The applicant's site is unique because it is a small parcel located within the Lake Elmo Village Area and is zoned PF — Public Facility. It is the only church located within the City's central business district, and it is surrounded by commercial and residential structures with a variety of setbacks and building sizes. 3. The proposed building additions will not change the essential character of the locality because the entrance improvements represent a small portion of the overall building footprint. The City's central business district is comprised of a wide mix of commercial and residential uses, many of which are located very close or immediately adjacent to public right-of-way. 4. The proposed variance will not impair an adequate supply of' light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. The proposed additions to the building will not alter or increase any of the existing traffic patterns in the surrounding S ,t urzd t. ,c�C'(./PiChrist Lutheran ChurchiRep AZ Christ Lutl:ermt (:'LrP flmraut-F'artm+ee 1144 1 Woc Page 8 (.`GcP Amendnrent%6arianee Requesl; (,hnsr hitheran Church Planning Commission Report; 11/14/11 Conclusions. neighborhood. Based partially on the review comments submitted by the City Engineer, Staff is recommending that the Planning Commission table the Conditional Use Permit amendment and variance requests by the applicant in order to ensure that all of the City's review comments can be address by the Church. Should the Planning Commission decide to make a recommendation at its meeting based on the information and facts presented, Staff has prepared an alternate recommendation for consideration by the Commission. This alternate recommendation is for approval, but with a series of conditions that address the need for additional information concerning the request. The alternate recommendation and recommended conditions are listed below. Resident I Staff has not received any feedback from neighboring property owners regarding the Concerns. proposed Conditional Use Permit amendment. This action requires a public hearing to be conducted by the Planning Commission at which time members of the public may address the Commission regarding this application. Additional I The Valley Branch Watershed District has reviewed the proposed site plans and found Information: that the work would not require a permit from the Watershed District. The District's comments regarding erosion control have been included as part of the conditions drafted by staff. Conclusion: The Christ Lutheran Church, 11194 36`h Street North, has applied for a Conditional Use Permit amendment and variances from the side yard setback and PF — Public Facility parking standards to expand its current facility and make other improvements intended to increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. The request also includes proposed improvements to the Lavern Avenue right-of-way that are being submitted in conjunction with the zoning applications. These right-of- way improvements are being reviewed as part of a larger project and are included in the Staff recommendation that follows. These improvements could also be considered as a separate issue should the Planning Commission find it appropriate to review the application in such a manner. Commission The Planning Commission has the following options: Options: A) Table taking action on the request and consider the application again at its December 12, 2011 meeting. B) Recommend approval of the conditional use permit amendment request, with S: eland C sc C i'PIChrisi bitheran ChuretrlRer P7 Chis Luthoem C%PAmeud-Varimace 11 74 H .,Io( 1))age 9 CUP Amendmc w/Variance Request; Christ Lutheron (:'hurch Planning Commission Report; 11/14/11 Staff Ree: the conditions as recommended by Staff, C) Recommend denial of the conditional use permit amendment request. The 60 -day review period for this application expires on December 7, 2011, but can be extended an additional 60 days if more time is needed to complete the City's review. Staff is recommending that the Planning Commission table the Conditional Use Permit amendment and variance requests by the applicant in order to give the applicant and City additional time to adequately respond to and address the review comments from the City Engineer. As an alternate recommendation, Staff has prepared findings of fact to support approval of the applicant's request, and has drafted the following conditions of approval for inclusion with a recommendation of approval by the Planning Commission: 1. The applicant shall submit a septic system inspection report prepared and signed by a licensed septic inspector verifying that the current septic system is compliant with Washington County regulations, and that: a) address the available capacity of the system and states its ability to accommodate the additional use created by the expansion project, or provide a design for its expansion, and b) includes a description o the current system type and components, dimensions, and capacity. 2. The proposed building addition must meet all requirements of Chapter 4 of the Washington County Development Code. 3. The applicant shall provide a detailed narrative to describe the purpose and need for a second water service connection, including projected water uses. The proposed connections shall be subject to review and approval by the City Engineer. 4. The applicant shall pay a Water Availability Charge based on any increase in the Residential Equivalent Connection calculation for the new addition. 5. The applicant shall provide detailed plans and specifications for all work proposed with the City right-of-way in accordance with the City's Design Standards Manual. These plans shall indicate existing conditions, including roadway widths and all public and private utilities within the roadway, and incorporate information as requested by the City Engineer. 6. Any work proposed within a City right-of-way shall only be allowed upon the approval of an improvement/developer's agreement between the City of Lake Elmo and the applicant. S .Land I s -COP',Christ Lutheran Church`&;n PZ Christ bicho wn CLAP tlnaenit-G'itrinnete 7 i-74-1 Ldoc Pa,; e 10 C'tlf rlracendnrerrr/t'uriance Requesi; Christ hahcrr n Church Planning Commusion Report; 11J1,P11 7. The applicant shall provide a calculation for the existing and proposed impervious coverage on the site. 8. The applicant shall submit a storm water management and a drainage and erosion control plan for the site prior to the issuance of a building permit or before any work with may commence within a public right-of-way. 9. The applicant shall submit a lighting plan that includes the light pole details and standards (pole height and type, fixture type, and photometric plans). All new lighting shall conform to Section 150.035 through 150.038 of the City Code. 10. The applicant shall submit a landscape plan for review and approval that provides for replacement of any trees removed as part of the site work. The applicant shall work with the City to identify suitable locations for replacement street trees on the site, giving preference to any suitable locations within the Laverne Avenue boulevard. The applicant shall also consider the conversion of existing or planned paved boulevard areas to natural vegetation where possible as part of the planned street improvements. 11. The applicant shall maintain existing screening and buffering located between the Church site and adjacent residential uses. 12. The applicant shall work with the City to identify appropriate modifications to the no parking designations in the area as part of the proposed street improvements to Laverne Avenue. Denial I To deny the request, you may use the following motion as a guide: Motion Template. I move to recommend denial of the request by the Christ Lutheran Church to amend a conditional use permit and further to recommend denial of the applicant's request for variances... (please site reasons for the recommendation) Approval Motion Template. To approve the request, you may use the following motion as a guide: I move to recommend approval of the request by the Christ Lutheran Church to amend a conditional use permit and further to recommend approval of the applicant's request for variances based on the findings provided in the staff report ... (or cite your own) ...with the conditions outlined in the staff report. S4Land C u ICIP'Chriv Lutheran ChureCRar PZChrisibah man C?P.Iuwli l-Varianee 1144- I!Joc Page 11 CUP Amendmew./Vuriance Requast. Christ Lathercnr Church Planning Commission'Report; 11/14i11 cc: Jim Lehmann, Christ Lutheran Church Kevin Busch, Busch Architects S Land Es CZiPIChrisi l uaheran Ontr6hA.p PZ Chri,,t Ladrerau CU'P Armand-Vanance 1114- l Lrioc Page 12 e., City of Lake Elmo DEVELOPMENT APPLICATION FORM ❑ Comprehensive Plan Amendment ❑ Zoning District Amendment ❑ Text Amendment ❑ Flood Plain C.U.P, Conditional Use Permit Conditional Use Permit (C.U.P.) APPLICANT: Jluvi (_ (Name) TELEPHONES; ,�_ (Home) �• rUl't !'I' 6v �{' FEE-eWIIER: V I (Name) XVariance * (See below) ❑ Minor Subdivision ❑ Lot Line Adjustinent ❑ Residential Subdivision Sketch/Concept Plan Site & Building Plan Review (Work) (Mailing Address) Fee $2J.aa ❑ Residential Subdivision Preliminary/Final Plat O 01-10 Lots O 1 1 — 20 Lots O 21 Lots or More ❑ Excavating & Grading Permit ❑ Appeal a4' ,Afc'J (Fax) ❑ PUD A 2 - (zip) o �i4tS (Zip) TELEPHONES:_ (at2–W -22'75 &S7^AI Co --363¢ �,(2 33 r 2336 (Home) (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long) Legal Description); See R iia .btej I DETAILED REASON FOR REQUEST: *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal ode, the Applicant must demonstrate ahardship before a variance can be granted, The hardship related to this application is as follows In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pav all statements received from the Chy pertaining to additional application expense Signature of Applicantr—C, `F l0 !o Zt 1 Date Signature of Applicant Date 1122212004 City of Lake Elmo - 3800 Laverne Avenue North • Lake Elmo - 55042 • 651-777-55 10 •Fax 651-777-9615 Christ Lutheran Church 1119436 th Street North Lake Elmo, MN Request for Variance — Description and Hardship a. List of Property Owners: Christ Lutheran Church b. Legal Description: DESCRIPTION OF PROPERTY SURVEYED (Per Deed Record No. 84, Page 607) All that part of the Northwest quarter (NW1/4) of Section Number Thirteen (13), in Township number Twenty-nine (29) North, of Range number Twenty-one West, described as follows, to -wit; Beginning at a point in the center of the Elmo Road (so-called) at a point Six hundred and seventy (670) feet Northerly of the Northwest corner of Lot Number One (1) of Block number One (1) of Elmo Park, as surveyed and platted and now of record in the Office of the Register of Deeds in and for said County; thence Easterly on a line parallel to the North line of said Section One hundred and eighty (180) feet to a point, being the point of beginning; thence Northerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Easterly on a line parallel to the North line of said Section Two Hundred (200) feet; thence Southerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Westerly on a line parallel to the North line of said Section two hundred (200) feet, to the point of beginning, except Twenty (20) feet on the West Side of said lot which is to be used for private alley, and Thirty three (33) feet on the East side, anc Thirty (30) feet on the South side, which is to be used for Public Road. And (Per Quit Claim Deed Document No. 192551) The West Twenty (20) feet of Lot Thirty-nine (39) County Auditor's Plat No. 8, Washington County, Minnesota. And (Per Warranty Deed Document No. 192552) Lots Eight (8) and Nine (9), Block Two (2), Cloverdale, According to the plat thereof, on file and of record in the Office of the Register of Deeds, Washington County, Minnesota. And (Per Special Warranty Deed Document Nos. 1123102 (Torrens) and 3155545 (Abstract)) Parcel 1 (Torrens): The South Forty (40) feet of Lot Twenty-nine (29) and all of Lot Thirty (30), County Auditor's Plat No. 8 as surveyed and platted and now on file in the Office of the Registrar of Titles of Washington County, Minnesota being the Village of Lake Elmo, Minnesota. Parcel 2 (Abstract): Lot Twenty-nine except the South 40 feet thereof, County Auditor's Plat No. 8. 1. Parcel Identification Numbers: Cloverdale, Block 2, Lot 8 and Lot 9 (1302921230020); County Auditor's Plat No. 8, Lots 39, 29, 30. (1302921230060); (1302921230053). 2. Parcel Size: 67,158 sf; 1.54 acres. 3. Existing Use of Land: Religious organization; Business; Parking. 4. Current Zoning: P/PF; R-1; GB —see drawings for locations of each. c. State the Provisions of the Lake Elmo Code... 1. 154.063 PF Public and Quasi -Public Open Space a. E. Minimum Requirements: Setback of Primary Structure, 50 feet all four sides of structure. d. Christ Lutheran Church (CLC) seeks a variance from the building setback requirements found in the Lake Elmo Municipal Code. The current requirement is 50 feet from each property line. Christ Lutheran Church has operated out of its present building for over 55 years. It is hoping to make improvements to the building that include accessibility, entrances, interior circulation, and additional space for learning and hospitality. After many rounds of space planning and design, we determined that the best places to expand our entrances and interior circulation structure were on the east and west sides of the building. Both sides involve extending the building out into the present setback area. On the east side, the proposed building would extend out into the setback 5 feet, with an additional 7 feet when the roof canopy is included. On the west side, the building extension also includes an entrance vestibule extending about 7 feet into the setback area with another 7 feet for a roof canopy. The original building was built prior to formal planning codes and the west end of it is about 11 feet into the setback. The roof canopies do not include enclosed space. CLC has been an important entity within the Lake Elmo Village area for many years. Our plan is to continue to be a community oriented church, remaining in the Village area for years to come. As we anticipate future growth of our community and as our building needs change over time building updating (construction) is a must so that we can operate our programs successfully and so we can invite and accommodate newer members of our village who may wish to join us. e. Jim Lohmann, CLC church member and Building Committee chair, and Kevin Busch of Busch Architects, Inc., architect for the project, met with Lake Elmo Planning Director Kyle Klatt on September 15, 2011, to review the plans that the church has been working on and intending to present to the planning Commission and City Council for approval. There had been other, informal discussions between church leaders and city staff in the year prior to this meeting. f. Many plan options were presented and discussed during our two-year planning period. The present setback requirements don't allow us to improve and expand in a way that is efficient spacewise or economically. Our hardship is that without the variance the church would be forced to do nothing or forced to expand the building in such a way that was neither conducive to good building planning nor provide the type of improvements that are greatly needed. g. The church property was first built upon and added unto prior to the more formal and restrictive ordinances were in place. Initial structures did not (could not) anticipate future restrictions on property use. Christ Lutheran Church has been a member and a fixture in this neighborhood for over 60 years. We don't believe the variance will have any view, air, or noise impact on our neighbors. On the west side, our proposed building extension, except for the roof canopy, does not extend further out into the setback area than the existing building. On the east side the Laverne Avenue Right - of -Way establishes extensive space between the church building and neighboring homes. Thank you for your consideration. d -y N NPo�NOL.VI $ Hg' I MR 11 ill 0 69 4 3 3 a Fj6E � V Nda� �I�I�II r111L oda° _ �N I\s$ — N1WR-3nN3AY WIl — 1 ' 33 ore 3 �\0� Nil 14 HVBO g MON "30N3f"V 0413 3Ntl1 L{v4VS0 p I s I \ yb I.� d -y N NPo�NOL.VI $ Hg' I MR 11 ill 0 69 4 3 3 a Fj6E � V Nda� �I�I�II r111L oda° _ �N I\s$ — N1WR-3nN3AY WIl — 1 ' 33 ore 3 �\0� Nil 14 HVBO g MON "30N3f"V 0413 3Ntl1 L{v4VS0 p I s I \ yb MEMORANDUM Date: October 31, 2011 To: Kyle Klatt, Lake Elmo Planning Director Cc: Jack Griffin, P.E., City Engineer From: Ryan Stempski, P.E. FOCUSENGINEERING, inc. Cara Geheren,P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Re: City of Lake Elmo Christ Lutheran Church Building Expansion Review of Variance Request We have received the variance request and Building Expansion plans for the proposed Christ Lutheran Church expansion located at 11194 36th Street. The following items were received: • Request for Variance — Description and Hardship (3 Page List) • Plan Set (7 pages) dated October 5, 2011, submitted by Busch Architects, Inc. This application is incomplete. Additional items must be submitted before a review of this application can be completed by engineering staff. Please request the applicant to provide and address the following additional items. Septic System Compliance and Capacity: • A septic system inspection Report must be provided and signed by a Licensed Septic Inspector verifying that the current system is compliant with Washington County regulations. • The Report must address the available capacity of the system and state its ability to accommodate the additional use created by the expansion project; or provide a design for its expansion. • The Report must include a description of the current system type and components, dimensions, and capacity. • The proposed building addition must meet all requirements of Chapter 4 of the Washington County Development Code. Water Service Connection: • The applicant is requesting a second water service connection for the building. The applicant must provide a detailed narrative to describe the purpose and need for the second service connection, including projected water uses. • Only one connection to the Watermain is recommended for the property pending the applicant's explanation. With a new service connection, the existing service should be abandoned. • Plumbing permit fees will apply to this proposed work. • Additional Water Available Charge (WAC) units may apply for this expanded facility use. Work in the Public Right-of-way: • This Plan is proposing improvements within the public R/W. Additional information is needed to evaluate the impact of these improvements to other existing or future facilities and uses of the R/W to determine whether the R/W encroachment can be allowed. • Detail plans must be provided to indicate the existing conditions including roadway widths and all public and private utilities within the roadway. Utility locates will be required for this information. Additional Application Requirements: • A calculation of the total added impervious surface must be provided on the application and reported in square feet. The Plan must include necessary Stormwater mitigation measures for applicable city and/or VBWD ordinance requirements. • The application indicates new light poles. The plans must provide light pole details and standards including pole height and type, fixture type and photometric plans. Should the application move forward the applicant will be required to provide detailed plans and specifications for all work located in the Public R/W prior to gaining final approval of the application. Details must include but not be limited to the following (All construction details must be in accordance with the City's Design Standards Manual): • Typical Sections for the proposed bituminous street and concrete sidewalk. • Plan details for all work in the R/W including water service connections, curb details, pavement marking details, and sign details. • A detailed drainage and grading plan to demonstrate positive drainage within the R/W. • Concrete curb and gutter and valley gutter will be required along the proposed improvement. All grades must meet or exceed 1% longitudinal grade. • Signing and striping will be required for the Drop -Off area. • Parking and no parking requirements along Laverne Avenue must be evaluated along both sides of the street for this area. • Landscape Plan must be included to address removal of existing trees. • A development agreement will be required with security sufficient to address all proposed improvements to be installed in city R/W. • An Ownership and Maintenance Agreement will be required to address the proposed ownership and maintenance of the proposed infrastructure within city R/W. November 4, 2011 Mr. Kyle Klatt City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Christ Lutheran Church Addition Dear Kyle: Thank you for submitting information regarding the proposal at the Christ Lutheran Church. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and this letter provides my comments. The proposed project involves constructing new sidewalks, paving along Laverne Avenue North, and expanding the church with a small building addition. The project does not require a VBWD permit because it will create less than 6,000 square feet and does involve other activities regulated by the VBWD. Temporary erosion control measures should be installed prior to any earthwork. The erosion control measures should be inspected during construction and maintained as needed. Disturbed areas should be vegetated as soon as possible after disturbance, and no later than 14 days after final grading. The site is near an area of Laverne Avenue North that floods frequently. While the proposed amount of imperviousness is less than the amount that triggers the need for a VBWD permit, stormwater volume control practices are encouraged wherever feasible. If you have any questions, please contact me at 952-832-2622. Sincerely, Jh(S n P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the District DAVID BUCHECK • LINCOLN FETECHER • DALE BORASH • JILL LUCAS • EDWARD MARCHAN VALLEY BRANCH WATERSHED DISTRICT • P.O:. BOX838 • LAKE ELMO, MINNESOTA 55042.0538 www.vbwd.org S { � ± � zs � ` � ! ° � ,!|;; ., || �,� | � �|| | ;|; , r[ |■| I , ) )Nhj` ze se �oIgoEN H.6N6N HHNHAd HNHRNV7 — — — m s I IN a a I sz mV gQ Bo� 1 I I i I Z - 0 m I 1 Q LU Q J 7 W ~ o -=� Q W �I V Cl I I Ll I II I I li I 11 I I 11 11 I II I I I]I �I 1 II 11 II I I f I II I I 11 II I II I I II I I II ® II I 1 I I II I I II I II I III 1� 11 I I I II 1 II I II I [��i�Tr-VIII I� 1 LLIJ �I I 11 I �Y- I 1 I 1 I I 1 I 1 '® I I I I I I I 1 1 I I 1 I 1 1 I I i i i o i LS LS a� i 0 H a LU W J W I-- co —c LU u CITY OF LAKE ELIN(9 City of Lake Elmo 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MIN 55042 November 4, 2011 To I-94 Planning Area Property Owners and Stakeholders: The City of Lake Elmo has been working over the past few months on a public participation process for reviewing future sewered areas. As a part of this process, the City is scheduling an open house for those interested in future growth in Lake Elmo. This open house will focus specifically on the areas guided for sewered development south of 10th Street (see map on back for locations). What: Open House to Discuss Future Sewered Development South of 10th Street Why: To present information and gather input/feedback from interested parties When: Wednesday, November 16th from 6:00 p.m. to 8:00 p.m. Where: Lake Elmo City Hall 3800 Laverne Avenue North Lake Elmo, MN 55042 City staff will present information on some components of the Comprehensive Plan, review the City's growth requirements for 2015 and beyond, and display a draft example of a future land use plan. There will be time to ask questions of staff and opportunities to provide written comments. Please feel free to contact me if you have any questions in advance of the open house. Sincerely, Kyle Klatt Planning Director City of Lake Elmo (651)233-5402 kklatt@lakeelmo.org . printed an recycled paper