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LAKE ELMO CITY COUNT , MINUTES DECEMBER 1, 1i . 5 M/S/P DeLapp/Johnston — to reduce the required escrow account for Prairie Hamlet to $81,798, based on the City Engineer's certification of completed work, except that the Administrative Fee escrow shall remain at $9,010. (Motion passed 4-0). 8. PLANNING, LAND USE & ZONING: A. Countryside Pool & Spa — Affirm Building Official's Order At its November 17, 1998 meeting, the Council tabled this agenda item which involves an appeal of a Building Official Order to remove semi -trailers at 9242 Hudson Blvd. that are being used by the appellant for storage and signage in violation of the City Code. This matter was tabled to permit the City Attorney to modify the Resolution Affirming the Building Official's Order to include the City's actions and findings in this matter. Attorney Filla provided a redraft for the Council's consideration and adoption. M/S/P DeLapp/Armstrong — to adopt Resolution No. 98-66, Affirming the Notice of Violation -Compliance Order of the Lake Elmo Code Enforcement Officer regarding storage and signage at 9242 Hudson Blvd. (Motion passed 4-0). B. A-to-Z Day Care — Conditional Use Permit at Cimarron The Planning Commission unanimously recommended approval of the Conditional Use Permit to operate a State license day care for up to 30 children at 901 Lake Elmo Avenue in the Cimarron community building, subject to four conditions, including annual review. The Planning Commission was advised by staff that there had been day care operations in this facility for many years, but can find no evidence of a CUP previously approved. M/S/P Johnston/DeLapp — to adopt Resolution No. 98-67, approving a Conditional Use Permit for A-to-Z Day Care and Learning Center for State licensed day care of up to 30 children at 901 Lake Elmo Avenue — Cimarron Community Building. (Motion passed 4-0). Planner Dillerud will remind the Building Inspector that the Day Care needs to meet ADA regulations. C. Zoning Ordinance —Public Facilities Text Amendments. At its November 23, 1998 meeting, the Planning Commission unanimously recommended adoption of amendments to the PF Zoning district standards. Since the current PF district standards are minimal, this amendment amounts to a completely new zoning ordinance text. Planner Dillerud explained the majority of the discussion and public testimony has centered on the following elements: requirement for Conditional Use Permits for all uses; Conditional Use permit standards for Places of Worship; Maximum Parcel Size; and Site Buffers. The buffer standards have been modified from the original draft to eliminate the need for a buffer along street frontages. The Council received a petition with approximately 65 names of residents that want Lake Elmo to be a City with churches and families who are allowed to actively live out their faith on a daily basis. They oppose the proposed amendments, which would decrease their allowed religious expression and increase government interference. Jeff Roos, representing Apostolic Bible Church, stated he approached the PZ along with other churches to voice concerns on the new restriction for committing land for a buffer zone. In his case, he would be giving up 91% of their property for a buffer, which would leave him 9 percent to build on. The PF Ordinance is a very restrictive piece of legislation. Chuck Palmer, Lakewood Church, stated he is disappointed in the Draft PF ordinance. The PZ did not include the Church's suggestions. Sub. 1 & 2 requiring a CUP for places of worship is wrong. Churches must be a permitted use. The maximum lot size of 15 acres is not necessary. He has asked and not received a logical explanation. This restriction should be removed or revised. The 50% impervious surface coverage requirement should be removed and replaced with a graduated scale. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1998 5