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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1994 5. UNFINISHED BUSINESS: A. Resolution No. 94-31, Approving the 1994 Tax Levy, Collectible in 1995 M/S/P John/Conlin - to adopt Resolution No. 94-31, Approving the 1994 Tax Levy, Collectible in 1995. (Motion passed 5-0). B. Martin Colon Comprehensive Plan Amendment (Continuation) Don Niles, Attorney for Martin Colon, appreciated city council action by motion on their request of June, 1994. Niles stated the development proposal for a travel plaza is consistent with Judge Doyscher's order in 1991 requiring the city to reconsider Mr. Colon's plan under the 1979 comprehensive plan. Under the 1990 comp plan, we believe that it is appropriate and largely consistent with the goals and policies of that plan. Julie Farnham, city planner, presented a report, dated December 1, 1994, indicating that the staff concludes that the proposed travel plaza, and requested Highway Business land use and zoning, is inconsistent with the City's long-range plans for limited business uses in this area. Further, staff does not believe any compelling arguments have been presented to prompt the city to change its policy and allow more intense uses along 1-94. Such a change would be a significant shift in current policy which clearly states a desire for low -impact commercial uses in unsewered areas along 1-94. City Engineer, Larry Bohrer, provided a letter dated December 2, 1994 indicating he has received additional information on anticipated noise levels and proposed design of a sewage treatment system for the proposed travel plaza. This information is reviewed at the time of Site Plan Review, and it is premature to review design features of a proposed development before the future land use issues have been determined. Although the city's current regulations may not allow this particular type of development, Attorney Filla pointed out the city does not discourage development. In this part of the city it has taken property that is zoned RR, including the applicant's property, and placed it in a limited business classification on the Future Land Use Map which would facilitate a much more intense and profitable type of use. The city has never determined that this proposal is in compliance with the 1979 plan. The city has determined that Judge Doyscher's order does not require us to review this application under the 1979 plan. M/S/P John/Johnston -to deny the request of Martin Colon to amend the comprehensive plan based on the following reasons: (Motion passed 4- 1: Mottaz: Feels very strongly that this city is obligated by Judge Doyscher's order to consider Mr. Colon's proposal under our original 1979 comprehensive plan).