HomeMy WebLinkAboutPZ Packet; 02-12-183800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday February 12, 2018
at 7:00 p.m.
AGENDA
1.Pledge of Allegiance
2.Approve Agenda
3.Approve Minutes
a.January 22, 2018
4.Public Hearings
a.CONDITIONAL USE PERMIT. A request by Lake Elmo Inn, Inc., PO Box 182,
Lake Elmo, MN 55042 for a conditional use permit for a parking facility as a
principal use for the property located at 3504 Lake Elmo Avenue North PID
#13.029.21.32.0022.
b.ZONING MAP AMENDMENT AND MINOR SUBDIVISION. Requests by
Beverly Rieks, 4564 Kimbro Avenue North, Lake Elmo, MN 55042, for a minor
subdivision to subdivide in to three parcels and a zoning map amendment to
rezone the property located at 4564 Kimbro Avenue North from A – Agricultural
to RR – Rural Residential. PID # 11.029.21.13.0001.
c.EASEMENT VACATION. A request by Rachel Development to vacate a
drainage and utility easement over Outlot B, Hammes Estates 1st Addition. PID#
34.029.21.13.0004.
5.Business Items
a.FINAL PLAT. Rachel Development is requesting final plat approval for the 3rd
Addition of Hammes Estates. This addition will include 69 single family lots on
39.013 acres.
6.Updates
a.City Council Updates – 2/7/18 Meeting
a.Wyndham Village Sketch Plan and Comp Plan Amendment - tabled
b.Legacy at North Star Prelim Plat and PUD - tabled
c.Fairfield Inn Final PUD and CUP - passed
d.Solar Ordinance - passed
e.Wind Power Ordinance -passed
f.Short-Term Rentals - passed
b.Staff Updates
a.Upcoming Meetings:
•February 26, 2018
•March 12, 2018
b.Comprehensive Plan Update
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c. Commission Concerns
7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this
meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special
accommodations.
Lake Elmo Planning Commission Minutes; 1-22-17
City of Lake Elmo
Planning Commission Meeting
Minutes of January 22, 2018
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer (joined at 8:06) Pearce, Weeks, Lundquist,
Johnson, & Hartley
COMMISSIONERS ABSENT: Dodson, Dorschner, & Emerson
STAFF PRESENT: City Planner Prchal & Planning Director Becker
Election of Officers:
M/S/P: Lundquist/Johnson, move to postpone election of officers until the end of the
meeting, Vote: 5-0, motion carried unanimously.
Approve Agenda:
The agenda was accepted as amended.
Approve Minutes: December 11, 2017
M/S/P: Lundquist/Hartley, move to postpone the minute of December 11, 2017 to the
end of the meeting when there will be enough people, Vote: 5-0, motion carried
unanimously.
Public Hearing – Final Planned Unit Development (PUD) Plans and Conditional Use
Permit
Ben started his presentation regarding the application for both Final Planned Unit
Development and a Conditional Use permit application from Central Design Group LLC
for a Fairfield Inn Hotel. The location of the property is Lot 1 Block 1, HOA 2 nd Addition
of the Eagle Point Business Park at 8574 Eagle Point Circle. This proposal is for a a 90
room hotel on 2.496 acres (2 acre minimum in Eagle Point).
There are standards as part of the PUD that was done when the Eagle Point Business
Park PUD was approved. The plans have been reviewed by the Planning Staff, City
Engineer, Fire Chief and Building Official. They have also been sent to the DNR.
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Lake Elmo Planning Commission Minutes; 1-22-18
The building meets the setback, but there is some encroachment into an easement that
needs to be addressed. There are 95 parking spaces with 4 handicap accessible spots,
which meets the parking requirement. Part of this development is in the Shoreland and
that is where the DNR comment comes in. Staff believes the project meets the
architectural guidelines for the Eagle Point Business Park.
The DNR is recommending that the site not have more than 25 percent impervious and
that they could use pervious pavers. However, this is just a recommendation. The City
Engineer has verified that the stormwater pond is more than adequate to handle the
runoff. This project is exceeding the allowed impervious amount allowed within a
sewered property within the shoreland by 19.6%
Lundquist asked about the lack of greenspace around the building. It goes right from
building to parking lot. Hartley stated that with the number of parking spaces required
and the easement, it would be very difficult to add more greenspace. Lundquist
thought that possibly the parking lot could be reconfigured.
Lundquist feels that when there is a deviation from the impervious surface standard, it
should be stated why it was allowed. Prchal stated that it should be allowed because
the original Eagle Point Business Park plans were developed without the DNR approval.
Only a portion of the property is in the shoreland, and the rear stormwater pond was
established to handle all of the runoff for this lot. Becker stated that when this property
was platted, it was prior to the current shoreland ordinance. The shoreland ordinance
in existence at the time was silent on impervious surface in sewered areas.
Hartley wanted to draw attention to item 2 on the fire chief’s memo. The structure is a
4 story building with limited access to the back of it. Hartley would like to see the items
in the letter itemized in the conditions because they are big issues that need to be done.
Public Hearing opened at 7:49 pm
No one spoke and there were no written documents.
Public Hearing closed at 7:50 pm
M/S/P: Hartley/Lundquist, move to add items 1 through 4 from the fire chief’s memo as
sub items under conditions of approval for final planned unit development item 3,
specifically location of the fire hydrants and access to the rear of the building, Vote: 5-0,
motion carried unanimously.
M/S/P: Hartley/Lundquist, move to recommend approval of the request by Central
Design Group, LLC for approval of Final Planned Unit Development plans associated with
a 90 unit hotel to be located on Lot 1, Block 1, HOA 2nd Addition, subject to the
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Lake Elmo Planning Commission Minutes; 1-22-18
conditions of approval as recommended by staff and amended by Planning Commission,
Vote: 5-0, motion carried unanimously.
Johnson is concerned that if they are adding access to the back, that is increasing the
amount of impervious. Weeks does not feel that the widening of the hard surface for
better access would have much impact.
M/S/P: Weeks/Hartley, move to recommend approval of the request by Central Design
Group, LLC for approval of a Conditional Use Permit associated with a 90 unit hotel to be
located on Lot 1, Block 1, HOA 2nd Addition, subject to the approval of Final Planned Unit
Development Plans, Vote: 5-0, motion carried unanimously.
Public Hearing – Zoning Text Amendment – Bed & Breakfast as Accessory Use
Becker started her presentation regarding Airbnb’s , defined as Bed & Breakfasts in the
zoning code. This item was previously discussed at the July 11, 2017 workshop, and
staff was asked to explore this item. At the August 14, 2017 meeting, the Planning
Commission considered where Airbnb’s and other types of bed & breakfasts should be
allowed and in what zoning districts. Currently, Bed & Breakfasts are allowed in a
number of residential districts as a Conditional Use and not allowed in a number of
other residential districts such as RS and RE. At the August 14, 2017 meeting, the
Planning Commission recommended that Bed & Breakfasts be allowed permitted use in
the residential zones it is currently allowed and that they be allowed as a conditional
use in the residential zones they are currently not allowed in.
Becker stated that there are currently standards in the code for Bed & Breakfasts. There
were not any recommendation for changes at the last meeting. Becker went over those
standards which include maximum number of rooms at 5, a required guest register, stay
limited to 7 days, and liability insurance required.
Commissioner Dodson sent an email regarding this which stated that he feels the Airbnb
should be an allowed use in all zoning districts. Dodson does not feel that the stay
should be limited to 7 days and feels that should be removed. Dodson feels that the
requirement that it be located in a single family detached dwelling should be removed
because it would exclude townhomes. Dodson also feels that the guest register
requirement should be removed.
Public Hearing opened at 8:02 pm
No one spoke and there were no written comments
Public Hearing closed at 8:03 pm
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Lake Elmo Planning Commission Minutes; 1-22-18
Johnson tends to agree with a lot of the items in Dodson’s email. He doesn’t feel that
there will be a huge demand for Airbnb’s in Lake Elmo than other communities that
might have that have larger attractions. Johnson feels that Airbnb’s are quite different
from a Bed & Breakfast and does not function the same. Johnson does not feel the
need to regulate unless there is an issue.
Weeks agrees and googled Lake Elmo Bed & Breakfast and none came up. Weeks
believes that there are a few people in Lake Elmo operating Airbnb’s and there have not
been any complaints. Weeks feels that they should be permitted and will be self-
regulating.
Hartley is wondering how you would separate Airbnb from a Bed & Breakfast if they are
grouped together in the code.
Lundquist is wondering if the City needs to do anything to protect itself from somebody
listing a property that is vacant on Airbnb that turns into a party house. It happened in a
western suburb.
Hartley asked if we require a permit for a Bed & Breakfast. Becker stated that currently
the City requires a conditional use permit. Hartley is in favor of keeping the conditional
use permit requirement as it is at least a minimal requirement that the City can use for
enforcement. Becker stated that the recommendation from the Planning Commission in
August was to make Bed & Breakfast a permitted use in existing zones, which would
eliminate the permit requirement.
Weeks stated that if the City requires a permit, she would worry that the City might
have to start doing inspections and that kind of thing.
Kreimer asked how surrounding communities handle this. Becker stated that typically it
is done under a licensing process.
Hartley stated that in Stillwater it seems that one of the big issues is in regards to
parking. A lot of times the type of houses turned into Bed & Breakfasts do not usually
have adequate space to double or triple the parking.
Lundquist asked if this is a business where they are making money, should they be
paying a permit fee and taxes for that business.
Kreimer asked if there was a way to make this a permitted use, but that there needed to
be some sort of low cost permit. Becker stated that it could be written into the
ordinance and could be less expensive and less invasive. Kreimer stated that it would
give the City a chance to revoke it and they would need to show that they can provide
enough parking, etc.
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Lake Elmo Planning Commission Minutes; 1-22-18
M/S/P: Lundquist/Hartley, move to set up a licensing system that is $100 for every two
years for Bed & Breakfasts and require one parking stall for every rental unit, Vote: 4-0,
motion carried, with Weeks abstaining.
Pearce asked if there is an HOA, those rules would also come into play. Weeks stated
that HOA agreements are private agreements that are enforced by the neighborhood.
M/S/P: Kreimer/Lundquist, move to change Bed & Breakfast from Conditional Use to
Permitted Use in RT, AG and RR, Vote: 6-0, motion carried unanimously.
Kreimer feels that there could be more issues in RE and RS with parking on the smaller
lots. Kreimer feels that the maximum number of guest rooms at 5 is too high of a
number and is wondering if they could be different for different zones. Johnson thinks
that the CUP process might be too complex and prefers a licensing process better.
Kreimer would rather have it be conditional because there are more complex things that
could come up in those zones. Weeks is in favor or not changing the code in those
districts and not allowing it in any fashion.
M/S/P: Kreimer/Lundquist, move to not include Bed and Breakfast as a permitted or
Conditional Use in RS or RE and leave it as is, Vote: 6-0, motion carried unanimously.
M/S/F: Hartley/Lundquist, move to allow Bed & Breakfast as a Conditional Use in GCC,
LDR, MDR and HDR, Vote: 3-3, motion failed.
Johnson and Weeks were not in favor of the CUP process. Weeks feels that people just
won’t come in and apply for the CUP.
M/S/P: Johnson/Lundquist, move to allow Bed & Breakfast as a permitted use in GCC,
LDR, MDR and HDR with the licensing requirement, Vote: 5-1, motion passed with
Kreimer voting no.
M/S/P: Johnson/Pearce, move to allow Bed & Breakfast as a permitted use in V-LDR and
VMX with the licensing requirement, Vote: 5-1, motion passed with Kreimer voting no.
M/S/P: Johnson/Hartley, move to allow Bed & Breakfast as a permitted use in with the
Commercial zoning district with the licensing requirement, Vote: 4-2, motion passed
with Kreimer and Lundquist voting no.
Kreimer asked if staff was only proposing it be a conditional use for the Commercial
district. Becker stated that is correct because any sort of residential use is only allowed
in the commercial zone.
Business Item – Zoning Test Amendment – Wind Generator
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Lake Elmo Planning Commission Minutes; 1-22-18
Prchal started his presentation regarding the wind generator ordinance by going
through what has changed since the last meeting. The wind generators now can be a
principle use in addition to an accessory use. Prchal went through what the application
process is. Johnson is wondering if this ordinance is too restrictive. The Planning
Commission had some discussion regarding this.
M/S/P: Hartley/Johnson, move to strike the requirement under setbacks that in the
rural district these systems be required to be mounted to the rear portion of the
building, Vote: 6-0, motion passed unanimously.
Hartley thinks that under general standards, the design does not need to preclude
prototypes. Weeks thinks that should be in there as a deterrent to someone building
their own and there would be safety standards.
M/S/P: Hartley/Johnson, move to strike “utility scale” from General Standards Design 3
(a), Vote: 4-2, motion passed.
M/S/P: Hartley/Johnson, move to strike “grounded” and simply state that all wind
generators shall be protected against lightning strikes, Vote: 6-0, motion passed
unanimously.
Kreimer is wondering if something can be added to the maintenance section to be more
specific about what it should look like, so that the owner would either need to fix it or it
would be decommissioned. Prchal stated that there would be a letter of credit for this
reason.
M/S/P: Kreimer/Hartley, move to remove from 4b, A letter of credit shall be submitted
to the City equal to the removal cost of system and remove from 4b a letter of credit
submitted to the City equal to the value of the restoration costs and add in a new
section 1f a letter of credit for the removal and restoration costs shall be submitted to
the City, Vote: 6-0, motion passed unanimously.
Pearce is wondering how expensive it will be for someone to submit that letter of credit
to the City and is wondering if a bond would be better. Becker stated that usually the
City requires letter of credit, but that would be more of an administrative question.
Hartley stated that usually the City is dealing with developers that are done within a
couple of years. This might be 15-20 years and would be a burden. Kreimer is
wondering if the letter of credit was intended to be submitted at the time of
decommissioning which would be a much shorter time. The Planning Commission is
looking for clarification between letter of credit and bond.
Kreimer still does not feel that there is anything strong enough in the ordinance to
ensure there would be adequate maintenance and not be a rusty pole sitting there.
Becker stated that they could add “subject to penalty ordinance”.
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Lake Elmo Planning Commission Minutes; 1-22-18
M/S/P: Kreimer/Lundquist, move to add “subject to penalties under 10.99” after the
word necessary under maintenance 3b subsection, Vote: 6-0, motion passed.
Public Hearing closed at 9:55 pm (Left open from previous meeting)
M/S/P: Hartley/Johnson, move to recommend approval of the wind generator
ordinance by adding additional standards and language as amended, with clarification
regarding bond vs. letter of credit and if it should be at time of application or at
decommissioning, Vote: 6-0, motion passed unanimously.
Approve Minutes: December 11, 2017
Kreimer would like “15 feet” added to the last paragraph of page 7.
M/S/P: Lundquist/Johnson, move to approve the minutes of December 11, 2017 as
amended, Vote: 4-0, motion carried with Pearce and Weeks abstaining as they were
not there.
Election of Officers:
Kreimer stated that it would be nice to have someone else learn the ropes.
M/S/P: Kreimer/Lundquist, move to nominate Dean Dodson as Chairperson of the
Planning Commission, Vote: 6-0, motion carried unanimously.
M/S/P: Lundquist/Weeks, move to nominate Tom Kreimer as Vice Chairperson of the
Planning Commission, Vote: 6-0, motion carried unanimously.
M/S/P: Kreimer/Pearce, move to nominate Stuart Johnson as Secretary of the Planning
Commission, Vote: 6-0, motion carried unanimously.
City Council Updates – December 19, 2017 Meeting
i) CPA, ZTA and ZMA for Closed Landfill – passed
ii) Sign Ordinance Revisions – tabled
iii) Easton Village 3rd Addition Developers Agreement – passed
City Council Updates – January 2, 2018 Meeting
i) Sign Ordinance revisions - passed
City Council Updates – January 16, 2018 Meeting
i) Wyndham Village Subdivision Sketch Plan and CPA – tabled
ii) Legacy at North Star Preliminary Plat and PUD Plans – tabled
iii) Interim Ordinance for CPA Moratorium - passed
Staff Updates
1. Upcoming Meetings
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Lake Elmo Planning Commission Minutes; 1-22-18
a. February 12, 2018
b. February 26, 2018
2. MAC CEP Report
3. Comprehensive Plan Update
Commission Concerns
M/S/P: Lundquist/Johnson, move to ask the City Council to publically acknowledge Todd
Williams for all of his years on the Planning Commission as well as his work on the
Comprehensive Plan, Vote: 6-0, motion carried unanimously.
Meeting adjourned at 10:05 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant