10-01-02 CCM - Laserfiche WebLink

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The traffic study revealed that the new traffic generated from the uses assumed in Lake Elmo Business Park, when added to the existing traffic, would not result in intersection congestion issues at either Manning or Lake Elmo Avenue. The Planning Commission recommended a condition that no specific uses or site plans are approved with the preliminary plat. The uses and site plans documented by the applicant are considered only to be illustrative, based on the current GB zoning of the site, and, as assumptions on which to base a traffic study. Planner Dillerud explained this property has been zoned GB for many years. In September, the Council directed staff to publish a hearing notice to consider rezoning several sites along I-94 from GB to LB in order to be compliant with the 1990 and 1997 Comprehensive Plan. The hearing will be held in October by the Planning Commission. After receiving input from the City Attorney, Dillerud requested consideration to table the preliminary plat until this time the rezoning hearing is held and allow them to reconsider the rezoning. The clock didn't start until September 5 when the traffic study came in. State Law states once the preliminary plat is approved for one year period all regulatory actions of the City are frozen. Attorney Filla explained the potential problem is the City code is more restrictive than the state, and he believes a court would endorse the City's code. If the date of June 5"' is for a completed application, then the City requires action by October 5, 2002. If the completed application is September 6 when the traffic study was submitted, then the 120 days start at that point. If the City does not act in the appropriate timeline, the application will be approved. From that date for the next year, no changes in the comprehensive plan or official controls, which does include zoning, can be done on this property. Tim Freeman, Folz, Freeman, Dupay & Assoc., representing Patrick O. Regan, reported the developer is frustrated with time of this project, which has been worked on since May. The staff report cannot find any discrepancies with the plat, and the Planning Commission recommended Preliminary Plat approval. He said the developer would object to the rezoning and requested the Council approve the subdivision. Council member DeLapp suggested they take the Attorney and Planner's recommendation. Council member Siedow thought postponement was the wrong thing to do because it has been zoned GB all this time. Pat Regan, developer of Lake Elmo Business Park, stated he was not aware there was going to be an extension of the timeline until today, and, it was because they called the staff. He thought the clock started ticking when the application was submitted on June 5t". At that time they met the application requirements. The request for supplemental information, which he though was what the 120 days were for, did not delay the clock. Mr. Regan said his intentions are not to make a legal challenge, but to follow the application guidelines and comply with the ordinance. He would like to have GB designation because it allows more uses. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 2002