03-15-2005 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 2005 9 Rezoning from and RR Designation to a PF Designation Mayor Johnston noted that the hardship does not exist for a rezoning and there is a reasonable use of land under the current zoning. Attorney Filla pointed out that the rezoning would not be consistent with the City’s 1990 Comp Plan, the City approved 2000 Comp Plan and with any changes to the City approved 2000 Comp Plan as a result of the agreement between the city and the Met Council. Conditional Use Permit The City Planner explained based on the traffic study the traffic generated by the proposed development would create traffic congestion at the intersection of Keats Avenue and Highway 36. Mr. Danielson reported that Mn/DOT said that this development would not create any unsatisfactory problem on Hwy 36, but does present delays on Keats approaching Hwy 36. There would be a minimal impact on the intersection except on weekends. Danielson said MnDOT would say the 3-corner intersection could be in now. The church is willing to spend $150,000 to improve this intersection. The requested Conditional Use Permit for proposed Lot 1, Block 1 would allow development that is not consistent with the current zoning for the applicant’s property and because of the traffic generated by the proposed development would create serious traffic congestion at Keats Avenue and Hwy 36. Attorney Filla will draft a resolution incorporating Council direction. The council recommended denial of the comprehensive plan amendment and the rezoning from RR to a PF designation so the use will be denied because it is not consistent with the zoning. M/S/P Conlin/Johnson - to table the development applications for the Lakewood Evangelical Free Church until the April 5th Council meeting where resolutions will be provided for council approval. (Motion passed 5-0.) B. Minor Subdivision/Site Plan and Zoning Variance, Amendment to the Development Moratorium, Public Hearing:Vacation of drainage easements – Lynsky (Brookman 3rd Addition),Resolution No. 2005-025, Resolution No. 2005-026, Ordinance No. 97-153 Planner Dillerud reported the Planning Commission adopted a recommendation for denial of the applications for Minor Subdivision and Section 520 Site Plan that are proposed by the applicant to allow construction of a 10,000 sq.ft. office building on 39th Street North. Prior to the Commission’s vote on the motion, the Chair offered the applicant’s representative an opportunity to waive the 60 day city review window to allow time to process the variance issue, but that offer was declined. Dillerud noted that subsequent to February 14 one of the partners of the project formally requested the 60 day review waiver, and a variance application will be heard by the Planning Commission on March 14, 2005. Staff committed to the applicant to bring the applications to the Council on March 15, along with the Planning Commission recommendation on the variance.