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HomeMy WebLinkAbout08-23-04 & 08-09-04 PZMOWE IM, CITY OF LAKE L. 0 3800 LAVERNE AVE LAKE ELMO, MN 55042 Phone: (651) 777-5510 Fax: 777-9615 Www. LakeElmo.Orq MEETING NOTICE 446 17- 44i+!>U;.a.4, 44 .c&A#6.0144O# OsY f?v-s i• <r44mT4.c.4.4444 {..A The Lake Elmo Planning Commission Will hold its regular meeting on Monday, September 13, 2004 at 7:00 p.m. In Council Chambers, Lake Elmo City Hall 3800 Laverne Ave. N. Lake Elmo, MIN 55042 .41444+044 AGENDA 1. Pledge of Allegiance 2. Minutes of August 9, 2004 and August 23, 2004 3. Public Hearing: Variance from Sideyard Setback Price — 8384 Stillwater Blvd 4. Public Hearing: CUP Application in Limited Business Zone Salon/Day Spa 5. Street Vacation Application - 55'11 Street 6. City Council Update 7. Adjourn APPROVED: 09/13/04 City of Lake Elmo PLANNING COMMISSION MEETING Minutes of August 23, 2004 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Johnson, Sessing, Ptacek, Schneider, Sedro, Pelletier, and Deziel (7:03). STAFF PRESENT: City Planner Dillerud, Administrator Rafferty, and Recording Secretary Schaffel. AGENDA M/S/P, Sessing/Johnson, To table the Draft Minutes of August 9, 2004. VOTE: 7:0. PUBLIC HEARING: OHW VARIANCE — 3065 Klondike Avenue North The Planner explained that the owner of the subject property, Mr. Denoma, requested permission to build an addition to a deck to add a handicap ramp, a small landing, and a screen porch. He reported that while there would be no further encroachment toward the lake, there would be an increase in the amount of decking within the OHW setback. The Staff Report suggests a divided recommendation. The Planner recommended approval of the ramp, since the physical characteristics of the property represent a hardship for any ramp location. He noted, however, that the addition of enlarged deck/screen porch may be too much. Staff suggested recommendation of denial for the screen porch because of insufficient hardship demonstrated. Commissioner Deziel asked about neighboring houses, and whether this house would fit into that portion of the Code that allows an averaged OHW setback based on neighboring houses on either side of the subject. The Planner said that portion of the Code goes toward degree of encroachment not scale of encroachment. He said those properties might have different sorts of structures but that he did not check that himself. Mrs. Denoma The ramp is for access and the porch furthers their enjoyment of the outdoors. They have located the porch at the end of the house so it doesn't bother anyone from the lake. There are two ponds at the front of their house and the lake at the back. Their lot is naturalized, wooded, with a grassy area. It is not unusual to be outside to have bird droppings or acorns dropping while people are eating and after dusk bats dive at the people who sit outside. There is more natural light into the house with the porch at that end of the house. She asked if screen porches were undesirable. Commissioner Schneider asked if the applicants were planning a separate outside entrance to the porch. Mrs. Denoma answered that they were not. Mr. Denoma The applicant offered photographs to prove their home sets back the farthest from the lake of the three homes there. As far as having a roof on the structure, he said the roof of the porch only goes up about 50 — 60% toward the roof of the house because the house/barn roof is very high. He offered letters of support from neighbors (attached). He said they were not asking for too much lot coverage on a lot of 1.2 acres. The footprint is 2400 square feet of house and garage. Typically the coverage is 50% around the north shore of Lake Elmo. Theirs would be about 5% of impervious coverage. They would maintain all the oak trees and only remove two scrub trees. He said there are probably two hundred trees on the property. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:19 P.M. Commissioner Sessing read two letters of support. Lake Elmo Planning Commission Meeting Minutes of August 23, 2004 1 APPROVED: 09/13/04 THE PUBLIC HEARING WAS CLOSED BY THE CHAIR AT 7:25 p.m. Commissioner Schneider asked staff if the city heard back from the DNR. The Recording Secretary answered that there was no reply yet. The Planner produced an aerial photograph showing a curved shoreline. He said it would be difficult to determine the answer to Commissioner Deziel's query during the meeting. If the commission would like to move forward they could, and should the Planner learn what Mr. Deziel asked is correct, no variance will be required and the applicant's application fee will be refunded. Commissioner Ptacek said he would recommend that only the ramp be approved. He continued that that everyone would like to extend their structures into the OHW setback; and that by adding a roof means the screen porch could eventually become additional living area. He would not be supportive of that, but he noted that what Commissioner Deziel brought up regarding averaged setback was a good thought to be investigated. Commissioner Sedro said she thinks square footage is the issue, and perhaps the applicant could modify the plan. Mr. Denoma asked if the porch was squared off with the house, would that be satisfactory. Several commissioners said they would be satisfied with that modification. Mr. and Mrs. Denoma requested tabling their application to redesign. Mr. Denoma asked if he reduced the walkway by square footage, would that help the screen porch issue. Most of the Commissioners said that would help. M/S/P, Ptacek/Johnson, To table the Variance application for Mr. and Mrs. Denoma to redesign, and investigate the impact on the application of the OHW setback averaging provision of the Zoning Ordinance.. VOTE: 8:0. Commissioner Sedro said that the Planning Commission cares about encroachment to the water and preservation of vegetation. PUBLIC HEARING: Amend Conditional Uses in the GB Zone — Family Entertainment Center The Planner said the City Council was not any more interested in a 47,000 square foot use for a Family Entertainment Center in the Limited Business Zone than was the Planning Commission. The Council had suggested that the General Business District zoning might be more appropriate for this use. Therefore he is presenting it as a Conditional Use in the GB Zone with no maximum square footage limitation. He read the definition provided by a buyer of land in the city. Commissioner Deziel noted that there is a big difference in LB vs. GB zoning. The Planner said there are 5 locations along the I-94 corridor and the entire Old Village of the city which are zoned General Business. A Family Entertainment Center could be placed in any building in the GB Zone should the now proposed amendment be adopted. Chairman Helwig reminded everyone that the Comprehensive Plan guides the property along I-94 mostly as Limited Business. I.ake Elmo Planning Commission Meeting Minutes of August 23, 2004 2 APPROVED: 09/13/04 Commissioner Sedro said that property along the interstate is unique in many ways. She asked why this would be a bad idea. The Planner said the typical suburban model zoning ordinance does not necessarily fit our city. Commissioner Schneider asked if a business can be limited to be smoke -free and alcohol -free as a Conditional Use Permit condition. The Planner said if the Commission approves the definition provided, then they don't have to deal with that limitation. It would already be a part of the definition of "Family Entertainment Center" Commissioner Deziel suggested eliminating, "a new generation" from the Family Entertainment Center definition proposed. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:42 P.M. Nobody offered testimony. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:43 P.M. Commissioner Sessing asked to remove the indoor paintball for safety reasons. M/S/P, Ptacek/Sessing, To recommend amendment of the zoning ordinance to include Family Entertainment Center as a Condition Use in the General Business Zone, and striking "indoor paintball" from the proposed definition of "Family Entertainment Center. Commissioner Johnson asked the Maker of the Motion if he would like to reconsider the indoor paintball to allow parents to make those choices for themselves and their families. Commissioner Schneider agreed. Commissioner Ptacek said he believes Council might strike that portion of it, so he will let it stand. Commissioner Sedro said the issues raised relative to size in Limited Business should be the same issues in GB if the city wants to keep out big box businesses. The Planner said General Business is a more intense zoning district. If we are concerned about big boxes, a lot must be changed in the Zoning Ordinance. Commissioner Ptacek said a Family Entertainment Center is too intense for Limited Business. He would be willing to consider it as a CUP in General Business. The Planner said this use is now non -conforming in those zones, and the CUP lives only through the property on which it is placed. Commissioner Sessing said this use is somewhat limited to scale by setbacks, etc. Commissioner Deziel asked the Maker to set aside the Motion. M/S/F, Johnson/Schneider, To amend the Motion to remove the reference to indoor paintball. VOTE: 3:4:1(Deziel Abstain). VOTE on Original Motion: 5:3 Johnson, Helwig, and Schneider. All three Commissioners agree it is a parent's call not a city's call (to decide whether a child participates in paintball). Lake Elmo Planning Commission Meeting Minutes of August 23, 2004 3 APPROVED: 09/13/04 Commissioner Ptacek said the Commission is in favor of the use in the zone but disagrees on the definition. CITY COUNCIL UPDATES The Planner reported that the Concept Plan for TAPESTRY was approved unanimously exactly as recommended by the Commission. He also reported that some 556 Street North residents have petitioned to vacate 55th Street from the entrance of CARRIAGE STATION westerly. The Council has asked the Planning Commission for its recommendation. When CARRIAGE STATION was developed, there was agreement that 55th Street would be taken out of service to eliminate through traffic from Highway 5 and Carriage Station to Highway 36, but the road was not legally vacated. Staff has received many calls lately about most of the land west of CARRIAGE STATION. He reported that this item will come on a forthcoming agenda. The Planner said that Jeff Berg resigned Thursday, and replacement will be considered at the next meeting of the City Council. Commissioner Sessing said Commissioner Berg has served this Commission a long time, and they will miss his expertise; and, that, hopefully, we will get him back in three years. ADJOURNED AT 7:58 P.M. Respectfully submitted, Kimberly Scliaffel Recording Secretary Lake Elmo Planning Commission Meeting Minutes of August 23, 2004 4 APPROVED: 09/13/04 City of Lake Elmo Planning Commission Meeting Minutes of August 9, 2004 Chairman Helwig called to order the Planning Commission meeting at 7:00 p.m. COMMISSIONERS PRESENT: Berg, Johnson, Sedro, Deziel, Sessing, Pelletier, Schneider. STAFF PRESENT: Martin Rafferty, City Administrator; Chuck Dillerud, City Planner; Kimberly Schaffel, Recording Secretary. PLEDGE OF ALLEGIANCE AGENDA M/S/P, Berg/Sedro, To accept the agenda as amended. VOTE: 8:0. MINUTES M/S/P, Johnson/Sessing, To accept the Minutes with changes from Commissioners Sedro and Johnson. VOTE: 8:0. PUBLIC HEARING: VARIANCE FROM OHW — WELTER — APPLICATION WITHDRAWN OP CONCEPT PLAN — TAPESTRY at Charlotte's Grove Continued from July 12, 2004 The Planner said the applicant requested tabling the application at the July 12 meeting to address ordinance standards and design related matters. He reported that a revised Concept Plan was received by the City with the following changes • OP buffer distance was increased to 200 feet for several lots in the northeast corner of the site. • In the original plan's southeast corner there were 11 lots with area less than .75 acre. In the revised plan all lots are at least .75 acre in area. • The significant redesign of the eastern part of the plat to increase the OP Preserved Open Space adjacent to Sunfish Hamlet OP. He noted that this was not an OP compliance -required modification, but rather in response to Public testimony at the previous Commission meeting. • The Planner reported that the applicant and City Engineer have discussed the proposal for a "modified rural section" street in some area of the site. He noted that the Engineer was not necessarily opposed to the concept, but requested further design details at the Development Stage before endorsing the design. The Planner said that in the earlier design, he missed a public street at the west edge of site within the 200 feet buffer of an existing residence. A street like that is allowed if it goes across at right angles. Various approaches have been discussed, but the applicant will make arguments for it being a better design to have it there. Staff Findings: 1. The Concept Plan is generally consistent with goals objectives policies. 2. The Concept Plan is consistent with the purpose and intent of the OP Ordinance. 3. The Concept Plan generally complies with the OP Ordinance. The Planner advised that if the Planning Commission finds the noted road encroachment in to the 200 foot buffer to be a problem greater than an reasonable use of the site resources, a finding should be made in that regard even though the necessary 4/5 OP variance is a City Council determination. The Planner recommended approval of the OP Concept Plan and the 4/5 variance for the road encroachment. Planning Commission Meeting Minutes of August 9, 2004 1 APPROVED: 09/13/04 Commissioner Sedro asked if this plan meets the percentage of contiguous open space. The Planner said it meets the requirement that 60% of open space be in parcels of at least 10 acres. Commissioner Johnson asked what happens if the transfer of property to Berschens does not occur. The Planner said that is still a consideration. If the transfer does not occur, this plan will have to be reduced by six lots. Darren Senn, Senn and Yaungdahl, Lead Designer Mr. Senn said he and his team received good input from commissioners, city staff, and neighbors. The applicant went back to the drawing board and came back with an even better plan. He suggested that this plan better creates a neighborhood as demonstrated by the graphics. The 200 feet buffer in the northeast caused the road to be changed, curved, and looped creating an even better neighborliness in that corner. The view corridor has been opened on the east side, in the middle of the plat. Circulation was alleviated around the entryway, creating three channels instead of just one. It will be safer and traffic is reduced. Commissioner Schneider asked if rural road cross -sections can be maintained over time if home owners attempt to modify them. Mr. Senn said the objective of the rural sections is aesthetic and functional. He said his engineering staff and the City Engineer have met to discuss it. The rural section concept is where many cities are heading, so surface water infiltrates. It is more environmentally sensitive and rural in nature. However, he said they may choose a more urban street section in the denser areas of the plat. Commissioner Berg asked about the road setback encroachment into the OP buffer. Mr. Senn said there are substantial trees in a pine grove near an existing old wagon road. There is even an old wagon they might keep as a feature there. There is also a 30 feet grade change going up to where the exception parcel lies. Commissioner Deziel asked why that portion of the road could not be completely eliminated. Mr. Senn said he believes the alternative circulation that results from that road segment (which encroaches into the OP buffer) alleviates some of the traffic for several homes in the neighborhood. The road in that location is practical and enhances scenic value. Commissioner Johnson asked if the development is expected to produce 700 trips per day. The Planner said that 10 vehicle trips per day is the average for a single family residence. He said 45th Avenue North has a capacity of 5000 vehicles per day. . Commissioner Sedro asked if trails are on the revised plan. Mr. Senn said they are, but in a different color. They will design the trails within the context of the ordinance. They want it to be purposeful with connectivity to the community and the park. It will be dealt with on a more intensive basis at the next OP stage. Commissioner Sessing asked about flag lots. The Planner said conventional code does not really apply in an OP Development, and that the City has permitted that design in prior OP projects. Commission Deziel noted differences with the road layout, with multiple curves rather than squared Planning Commission Meeting Minutes of August 9, 2004 2 APPROVED: 09/13/04 intersections. He said he understands the niceness of the curve but it is not always bad to have a stop sign in a pedestrian area. He said a curve takes more impervious surface and we lose some contiguity of open space. It might be more desirable to have an intersection with a stop sign. Mr. Senn said that it is excellent to think that an intersection slows traffic and makes it safer. He said a curve could also serve as a landscape feature in the northeast section of the plat, but that squaring some intersections may be beneficial. Commissioner Schneider asked if it is still the applicant's their intention to site the houses at the front of the lots along Sunfish Park. Mr. Senn said they would be sited closer to the rear to the woods. The Planner said the developers are constrained as to home location in that area by the buffer. Commissioner Helwig asked if the Berschens property is not available what the applicant will do. Mr. Youngdahl said there will be six fewer lots, and an alternative access to 45th is available. Lake Elmo resident, Jerry Marsolek requested to speak even though he spoke at the Public Hearing in July. He said he just wanted to commend Senn and Youngdahl for working with the neighbors. A letter from Mr. and Mrs. Skeie was read aloud by Commissioner Sessing. It is attached to these minutes. Commissioner Deziel commended Senn and Youngdahl for listening to the land and to the neighbors. Commissioner Johnson also stated that she appreciated developers listening well, and commended them for it. M/S/P, Sedro/Johnson, To recommend approval of the OP Concept Plan for Tapestry at Charlotte's Grove based the Finding listed in the August 5, 2004 Planner's Memo to the Commission, and the plans staff -dated August 5, 2004. Commissioner Sessing said that the road through the OP buffer zone is his only concern. VOTE: 9:0. Commissioner Pelletier said she does not necessarily want a road in the buffer but thinks it is needed to keep down congestion, especially with only one entrance and exit to the development. Commissioner Johnson would like to keep the road as designed through the buffer for traffic flow because it is important to preserve trees. She went to the site and observed the trees and thinks they should be preserved. The Planner explained that the process for keeping this road design is not like a regular zoning variance, but peculiar to the OP Ordinance. M/S/P, Johnson/Pelletier, To recommend support of a four -fifths OP waiver to allow a Public road to encroach in the OP buffer zone in order to preserve trees and decrease traffic flow. VOTE: 7:2 Commissioner Sedro noted that her nay vote was only symbolic because she does not support a four -fifths waiver loophole in the OP ordinance. Planning Commission Meeting Minutes of August 9, 2004 3 APPROVED: 09/13/04 Commissioner Sessing stated that his nay vote was only to indicate his opposition to the OP ordinance 4/5 variance provision, and not reflective of the applicant's design in this case. City Council on August 17. THE CHAIR CALLED A RECESS AT 7:55 P.M. THE MEETING RECONVENED AT 8:02 P.M. PUBLIC HEARING: CIP 2004-2008 AMENDMENT The Planner explained the bonding approach now proposed for the City Ha1UPublic Works/Fire #1 building project differs somewhat from that approved in the 2004-2008 Capital Improvements Program. Instead of $2.9 million in bonds and the balance of the $4 million project cost from cash reserves, staff now proposes bonding the full $4 million, and using the cash reserves to cover decreasing portions of the debt service over several years. This financing strategy would reduce the impact on local tax levies over the first few years of the bonds, allowing increasing City Tax Capacity. Commissioner Deziel asked for clarification with regard to the proposed city building complex location. The Planner responded that two Old Village locations for the complex remain under consideration, but the site now being addressed more intensely is located at the present Lion's Ball Field site. At this location the City would construction entirely on City -owned land, but would need to concurrently relocate the Lion's Ball Field in close proximity. Commissioner Schneider asked what the cash reserve of the city is. The City Administrator said our cash reserve is about $3.8 million, but spread across multiple funds. THE CHAIR OPENED THE PUBLIC HEARING AT 8:08 P.M. Nobody was in the audience. THE CHAIR CLOSED THE PUBLIC HEARING AT 8:09 P.M. M/S/P, Johnson/Sessing, To recommend modification of the Lake Elmo 2004-2008 CIP to be consistent with modified bonding plans for the City Hall and Public Works Facility. VOTE: 9:0. CITY COUNCIL UPDATES The Planner reported that the City Council adopted the new Fence Ordinance. At the same time they repealed the Fence Moratorium. Both ordinances will be published at the same time and take effect at the same time. The Planner said the Council was asked to table the Family Entertainment Center request for a modification. It will come back on the agenda on 8/17. He said the Council adopted the resolution approving the final plat of Whistling VALLEY 2ND ADDITION. Grading has begun. The Planner reported that the Council once again advanced the time for the Mehan Family's plat. Four lots remain unplatted. It has to do with when family plans to leave the farmstead. The Council released development security for the condo office development of EAGLE POINTE BUSINESS PARK. Planning Commission Meeting Minutes of August 9, 2004 4 APPROVED: 09/13/04 Helwig asked whether grades and elevations on the plat of WHISTLING VALLEY match with what is being built. The Planner explained that it is a matter of perspective of how a grading plan comes out versus what an individual perceived it to be. House elevations are no different but the impact on adjoining property and the reciprocal views are not what the adjoiner thought it would be, The developer did not change grades. We could insist on a more detailed cross-section between homes and the adjoiners in the future. We could ask for drawings showing how a two-story home would impact an adjoining property. The Planning Commission might ask a developer to have single story homes on those lots. Commissioner Deziel reminded the Commission that plantings will also act as a buffer. Commissioner Sessing asked if the Commission can dictate the type of home that goes on a lot. The Planner said it could be suggested but it is outside our standards now. The Commission can do it at development stage. Commissioner Sessing said he is concerned for impact on existing properties. The Planner said the Commission can ask for detailed topographic cross -sections to establish visual relationships. The Planner said that the Supreme Court rendered their decision, essentially affirming the Appeals Court Findings, saying the Metropolitan Council has the legislative authority to tell the City to bring our Comprehensive Plan into compliance The Administrator said the decision at the court awoke a number of communities. If Met Council can override local elected officials, why do we have one? Chairman Helwig noticed the change in population forecasts in the varying accounts in the papers. Commissioner Sedro asked if the Metropolitan Council is talking about population in the year 2040. The Planner replied that there is no top in their minds for build out. The Met Council uses demographic forecasting, and has been incorrect in the last twenty years many times. The have been building infrastructure, and do not have enough people to use it. The Administrator explained that first ring suburbs and central cities have had negative or zero growth in the last 20 years. All infrastructure was in place: roads, schools, sewer, and water. Minneapolis had to close nine schools because the Met Council did not use what they had. Instead, they incentivized urban sprawl with those dollars. They have acted in opposition to their primary mission. Commissioner Sedro said she has not heard the argument that communities under the Met Council don't have equal representation. Commissioner Deziel asked about the prospective work load, and what we can expect when we start doing something. If we have to redo the plan in nine months, we should start looking at it. The Planner answered that we will know more in two weeks what the City Council wants as strategy. We need enough time to do a good job. We do need hearings. We have to make sure we have enough time to carry it through without rush. The Council is looking at the legislative calendar too. Commissioner Schneider asked if we have had time to quash the System Statement in the past. Planning Commission Meeting Minutes of August 9, 2004 5 APPROVED: 09/13/04 The Planner said the System Statement was received in 1997 during the I-94 Corridor Study. The Chair met our planner then, and the chair said we should await the corridor study before we start to adjust the system plan. Then our planner left and Chuck arrived. By then it was too late. All these agreements were lost though they were made in good faith. Commissioner Pelletier asked for clarification about the contention that if we just give them one little quadrant of the I-94 Corridor the Met Council would leave us alone. How could that be legal and binding? The Planner explained that was an offer made by Chairman Bell about six months ago but not endorsed by the entire Met Council. He said that Bell proposed, "If you don't want sewered development over half the lands west to east to the lake, we can instead take the same number of people and stack them all south of 10`h Avenue, and we will leave you alone." The Planner reported that one of the problems with that concept is that we would have two different Lake Elmos and a municipal management nightmare. The second is we would have had a problem with how we make that kind of promise binding for the north end of the City. The Met Council changes every four years, maybe the guarantee would not be good anymore either. Commissioner Sessing asked if Performance Zoning is coming back soon. The Planner said he has until the end of the year to finish. He would like four or five months. Dick Thompson was temporarily unavailable. No preparation by the Commission is necessary. Chairman Helwig asked about impact from the MPCA's discovery about the water contamination on what is now Hagberg's land. The Planner said that will be a Superfund Project, and it will get fixed. The MPCA has not made it very clear if there is more than one source. Commissioner Berg said it sounds like more than one source. Commissioner Berg reported that he is moving to Ireland for a minimum of three years. He will be resigning from the Planning Commission soon. He will maintain his residence in Lake Elmo. Adjourn 8:45 p.m. Respectfully submitted, Kimberly Schaffel Recording Secretary Planning Commission Meeting Minutes of August 9, 2004 6