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There was council consensus to use the Impact Zoning as a potential alternative. M/S/P Siedow/Armstrong — to adopt Ordinance No. 9762, amending Section 300 of the City Code (Zoning) regarding standards of the PF (Public Facilities) Zoning District, based on the recommendation of the Planning Commission. There was Council consensus to use Impact Zoning as a potential overlay. (Motion passed 5-0). M/S/P Siedow/Armstrong — to adopt Ordinance No. 9761, amending Section 150 of the City Code (Definition of Place of Worship) (Motion passed 5-0.) D. Conditional Use permit: Non Ag use low impact: Tom Armstrong Thomas G., Thomas P. and Jodi M. Armstrong, feeowners of approximately 264.6 acres of land, have requested a Conditional Use Permit, which would specifically apply to approximately 10 acres of the applicant's property (the CUP area) as illustrated in Exhibit 13, to utilize the CUP area for certain Non-Ag Low Impact Uses, subject to the city's regulations. A portion of the specified site (6.26 acres with 47,800 sq.ft. of existing structures) exists as a legal non -conforming use responsive to an ordinance of similar intent and purpose that was repealed in 1987. This application is responsive to the new Ordinance No. 9757, adopted by the Council on July 18, 2000. At its August 28 meeting, the Planning Commission recommended approving this application for a Conditional Use Permit for a Non -Agricultural Low Impact Use (Commercial Storage) on a specified site of 10 acres within a committed total site of 264.6 acres. At the 1.5% impervious surface coverage allowable by the ordinance, as much as 172,500 sq.ft. of structure would be possible, but the applicants have shown a total of 95,500 sq.ft. of existing/future structures on their plan. M/S/P Dunn/Siedow — to adopt Resolution No 2000-041, as amended, approving a Conditional Use Permit for Non -Agricultural Low Impact Use for Thomas G., Thomas P. and Jodi Armstrong, subject to Conditions and based on the recommendation of the Planning Commission. (Motion passed 4-0:Armstrong:abstain.) E. Sudivision waiver (Simple Lot Division) Richard Hesse Richard Hesse is requesting to divide 5 acres from a 27 % acre parcel; and combine that 5 acres with an existing 5 acre parcel located on the opposite side of 50a' St. N. At its August 28, 2000 meeting, the Planning Commission adopted a recommendation to approve this application indicating one of the advantages of the proposal was reducing non -conformity of the existing 5 acre parcel south of 50t" St. (where there are accessory structures, but no principal structure) by combining it with the 5 acre portion north of 50th, which does have a residence. The City Attorney, in his letter dated August 11, advised against the action acknowledging the unusual nature of the proposal. The City Planner suggested that a Covenant recorded on each of the 5-acre tax parcels could preclude the sale of either without the other, thus preserving the 10-acre zoning parcel status over time. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000