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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 1996 4 <br />Council member Conlin suggested the addition of "accompanied with findings that support the <br />determination" after "City Council" in Subd. 7. Development Standards. <br />M/S/P Johnston/Conlin - that the Council supports the proposed ordinances and to direct the staff to <br />send the proposed ordinances to the Planning Commission so it can proceed with the required public <br />hearings (Motion passed 4-0). <br />B. Case No. ZAM/96-30 - Rezoning from Rural Residential to Open Space. Applicant: Jack <br />Buxell/Krieger. Property located 1/4 mile north of 10th Street on Lake Elmo Avenue (adjacent to Tartan <br />Park) <br />The request is to rezone a 40 acre parcel of land from Agricultural to Open Space Development District. <br />The Planning Commission recommended by a 6-1 vote approval of the rezoning of the Open Space <br />Development concept plan with the stipulation that future homeowners be notified of the 3M ball park. <br />M/S/P DeLapp/Hunt - to adopt Ordinance No. 8141 Amending Section 301.070 C "Zoning District Map" of <br />the Lake Elmo Municipal Code based on the findings stated in the City Planner's report dated September <br />3, 1996. (Motion passed 5-0). <br />C. Case No. OPC 96-31 - Open Space Concept Plan on 39.7 acre parcel. Applicant: Jack <br />Buxell/Krieger - See location in 8B. <br />Jack Buxell presented an open space development plan for 19 single family homes and the preservation <br />of approximately 16 acres of land. The parcel contains 39.7 acres of land and is located along the east <br />side of Lake Elmo Avenue, south of the Tartan Park ballfields, west of the golf course and north of Tartan <br />Meadows. There is an existing farmstead on the site which contains a farmhouse, barn and corn crib. <br />Mr. Buxell commented that the proposal cannot meet the letter of the Open Space Ordinance, but does <br />meet the spirit of the ordinance. <br />Council members Conlin and Johnston indicated their concerns that the proposal indicates 50% of the <br />buildable land is not being preserved and the pathways cannot be considered as open space since they <br />already are included as part of the house lots. Council member Johnston also expressed concern that <br />the site cannot yield 19-one acre lots. They are required as part of the development and should not be <br />included even if there is a pathway easement. Johnston felt the concept did not meet the Open Space <br />Ordinance and is not acceptable. Council member Conlin made the following motion based on the City <br />Planner's report. <br />M/S/P Conlin/Johnston - to deny the approval of the Open Space Concept Plan presented by John Buxell <br />for the Krieger Property, 1381 Lake Elmo Avenue, based on the proposal of easements across residents' <br />backyard for trails and not meeting the requirements of the Open Space Ordinance. (Motion passed 3- <br />1:DeLapp:He didn't know how you could come up with anything better than this. Councilman Hunt was <br />not in attendance for this vote.) <br />D. Case No. ZAM 96-32 Rezoning from AG and RR to Open Space. Applicant: Robert Engstrom, <br />Property located on west side of Highway 5 north of "Old Village". <br />The request is to rezone a 126 acre parcel of land from Agricultural and Rural Residential to Open Space <br />Development District. The Planning Commission recommended approval of the rezoning. <br />M/S/P Del-app/Hunt - to adopt Ordinance No. 8142 Amending Section 301.070C "Zoning District Map" of <br />the Lake Elmo Municipal Code based on the two findings of fact stated in the City Planner's report dated <br />September 3, 1996. (Motion passed 5-0). <br />