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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1996 4 8. PLANNING, LAND USE & ZONING: A. Resolution approving Case CPA96-42 (Comprehensive Plan Amendment) for Lakewood Evangelical Free Church (Ziertman Property - Highway 36 and Keats Avenue). Planner Terwedo reported this is a comprehensive plan amendment to change a land use designation for a 108 acre parcel, located on the southeast corner of Highway 36 and Keats Avenue, owned by Robert and Dorothy Ziertman, from (0) Open Space Development Areas to (P) Public. The existing land use is agricultural with an existing residence. The project consists of the development of a 76,000 sq.ft. church and support facilities. The Planning Commission recommended approval based on the findings stated in the Resolution. B. Ordinance approving Case ZAM 96-41 Rezoning from Rural Residential to Public Facility (PF) for Lakewood Evangelical Free Church (Ziertman property - Highway 36 and Keats Avenue) The Council received a letter, dated December 2, 1996, from Rodney and Diane Sessing, 5699 Keats Avenue N. voicing their concerns on the rezoning for the proposed church facility. Representatives from the Lakewood Evangelical Free Church outlined their development plans as described in the City Planner's report dated December 3, 1996. Chuck Palmer, LEFC Chairman/Facilitles Group, pointed out they want to be a community church, not just a church for their members. They have been good neighbors in the past and will continue to be good neighbors in the future. Traffic will be minimal except for Sunday morning. If there were 43 housing units in the cluster development, there would be more traffic than the church represents. He understands that a traffic light may be installed on Hwy 36 and Keats Avenue. He felt they've been reasonable, honest, up front with the Planning Commission and City Council, has submitted a Letter of Intent to work with the City and didn't really know all the uses that might be on the property. f Planner Terwedo explained if the property remains under its current zoning designation 50% of the property would be legally required for preservation as open space if it is developed under the Open Space Zoning District. If the property's zoning designation is changed to public/quasi-public use, no such restrictions will prevent church developers building out the entire property or selling parts of it to other public use developers. Mr. Palmer responded they would not sell to developers later, that they were financially sound and plan to keep all of their investment. Councilor Conlin explained the City has worked hard on developing the Open Space District which is the future land use designation for this property. In her view, the development plans are not consistent with the vision of the Open Space District for the community. Without there being some permanent trust in place to preserve at least 50% of that property for open space in perpetuity, she cannot be in favor of the proposal. Conlin mentioned her reservation on the possibility of having to erect a stoplight on Highway 36 to accommodate increased traffic flow. Councilor DeLapp's primary concern is the plan does not preserve 50% Open Space. Also, the comp plan amendment is not being amended for a church, but being amended to the PF zoning district which allows a list of varied uses. Administrator Kueffner explained Lee Hunt asked that she pass on his thoughts on the proposal. Hunt could support the rezoning for only a parcel large enough for the first phase including the church as the City did for Apostolic Church located on 10th Street or if they stay consistent with the current future land use designation of this property he could support the proposal if 50% of the land was left permanent open space to a recognized land trust. Councilor Johnston had a problem with the submitted letter of intent regarding the amount of open space maintained and felt the Church is asking for a commitment from the City, but is not giving anything back. 4