HomeMy WebLinkAbout#15 Bremer Minor Plat and Easement Vacations STAFF REPORT
DATE: 4/18/2017
CONSENT
ITEM #: 15
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Bremer Bank Service Center Easement Vacations – 8555 Eagle Point
Blvd N
REVIEWED BY: Stephen Wensman, Planning Director
Planning Commission
BACKGROUND:
The City has received requests from Bremer Bank, National Association for two easement vacations over
a portion of the property located at 8555 Eagle Point Blvd N:
• To vacate an existing easement for stormwater management purposes to be relocated to allow for
the expansion of the existing building.
• To vacate an existing drainage and utility easement to be relocated to accommodate the
combination of the three parcels requested to be combined.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a request for the vacation of two public easements.
PROPOSAL DETAILS/ANALYSIS:
Further Detail and Analysis. The attached Planning Commission Staff Report dated 4/10/17 provides
further detail on the reason for the request.
PUBLIC HEARING AND PLANNING COMMISSION COMMENTS:
A public hearing on the request was held at the April 10, 2017 Planning Commission meeting. The public
hearing notice was published in the City’s official newspaper, and notices were sent to property owners
within 350 feet of the subject property.
No one from the public spoke at the public hearing. One inquiry was received prior to the meeting, but no
objection. The Planning Commission recommended approval of the requested easement vacations subject
to one condition of approval with an affirmative vote of 7-0.
FISCAL IMPACT:
It is a recommended condition of approval that the easements to be vacated be replaced, as approved by the
City Engineer. This will allow for expansion of the service center’s parking lot, which will accommodate
expansion of the building. Therefore, it is anticipated that the easement vacations will have no fiscal impact.
OPTIONS:
The Council may:
• Approve proposed Easement Vacations with recommended condition of approval.
• Approve proposed Easement Vacations with amended condition of approval.
• Approve only one of the proposed Easement Vacations with recommended or amended condition
of approval.
• Recommend denial of both proposed Easement Vacations, citing findings of fact as to why the
proposal should be denied.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends that the Planning Commission recommend the following condition of approval:
1. The Applicant shall grant the City replacement easements, as approved by the City Engineer, and
record said easements with Washington County.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council approve, as part of tonight’s Consent
Agenda, the proposed drainage and utility easement vacations as described in Resolution 2017- . If removed
from the Consent Agenda, the Council may approve the easement vacations as recommended with the
following motion:
“Move to approve Resolution 2017-036 approving the vacation of the easements described as the south
5.00 feet Lot 1 Block 1, Eagle Point Business Park 3rd Addition (Exception) and vacation of the
easement as described in Doc. No. 1208614, subject to replacement easements, as approved by the City
Engineer, being provided to the City and recorded.”
ATTACHMENTS:
• Easement Vacation and Replacement Exhibits
• Application
• Planning Commission Report dated 4/10/2017
• Planning Commission 4/10/2017 Meeting Minutes
• Resolution 2017- Approving Proposed Easement Vacations
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2017-036
A RESOLUTION VACATING TWO EASEMENTS OVER A PORTION OF LOT 1 BLOCK 1
EAGLE POINT BUSINESS PARK 3RD ADDITION
WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City has received application for a Lot Line Adjustment, which will
combine PID#s 330.292.141.0050 and 330.292.141.0051 with Lot 1 Block 1 of Eagle Point
Business Park 3rd Addition, as well as parking lot and building expansion permits; and
WHEREAS, the drainage and utility easement legally described as the south 5.00 feet
Lot 1 Block 1 of Eagle Point Business Park 3rd Addition will need to be relocated in order to
accommodate the aforementioned Lot Line Adjustment; and
WHEREAS, the proposed building expansion will encroach in to the drainage and utility
easement, as shown in Doc. No. 1208614 as recorded by Washington County; and
WHEREAS, the Lot is owned by Bremer Financial Services, 8555 Eagle Point
Boulevard North, Lake Elmo, MN (Owner); and
WHEREAS, the aforementioned easements will be replaced to accommodate the
aforementioned Lot Line Adjustment and building and parking lot expansions, approved by the
City Engi neer and recorded; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate two easements: the drainage and utility easement legally described as the
south 5.00 feet Lot 1 Block 1 of Eagle Point Business Park 3rd Addition (Exception) and the
drainage and utility easement as shown in Doc. 1208614 as recorded on September 20, 2011
over a portion of Lot 1 Block 1 of Eagle Point Business Park 3rd Addition legally described,
respectively, as follows:
1. The south 5.00 feet Lot 1, Block 1, Eagle Point Business Park 3rd Addition Except the
west 10.00 feet of the south 5.00 feet and the east 5.00 feet of the south 5.00 feet of
said Lot 1.
2. That part of Lot 1, Block 1, Eagle Point Business Park 3rd Addition, according to the
plat thereof filed of record in the office of Registrar of Titles in and for Washington
County, Minnesota said easement is described as commencing at the northeast corner
of said Lot 1; thence South 00 degrees 00 minutes 40 seconds East, assumed bearing
along the east line of said Lot 1, a distance of 237.89 feet; thence South 89 degrees 59
minutes 20 seconds West 72.72 feet to the point of beginning; thence South 00
degrees 47 minutes 35 seconds East 184.63 feet; thence South 45 degrees 35 minutes
11 seconds West 60.46 feet; thence North 45 degrees 22 minutes 37 seconds West
166.18; thence North 44 degrees 09 minutes 09 seconds East 148.41 feet; thence
North 45 degrees 08 minutes 24 seconds West 166.29 feet; thence South 89 degrees
38 minutes 12 seconds West 620.32 feet; thence South 44 degrees 54 minutes 38
seconds West 83.51 feet to the westerly line of said Lot 1; thence northwesternly
96.03 feet along said westerly line being a non-tangential curve concave ot the
southwest having a radius 320.42 feet a central agnle of 17 degres 10 minutes 16
seconds and a chord which bears North 55 degrees 08 minutes 14 seconds West;
thence North 00 degrees 22 minutes 57 seconds West 98.84 feet; thence North 89
degrees 37 minutes 03 seconds East 122.54 feet; thence South 01 degrees 21 minutes
51 seconds East 25.49 feet; thence North 89 degrees 37 minutes 03 seconds East
624.25 feet; thence South 45 degrees 08 minutes 24 seconds East 260.21 feet to the
point of beginning.
WHEREAS, the City Clerk reviewed and examined the signatures on said request and
determined that such signatures constituted all of the landowners abutting upon the portion of
easement to be vacated and rededicated; and
WHEREAS, a public hearing to consider the vacation of the two aforementioned
easements was held on the 10th day of April 2017 before the Planning Commission in the Lake
Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due
published and posted notice had been given, as well as personal mailed notice to all property
owners within 350 feet of the Lot by the City Clerk on the 29th day of March 2017 and all
interested and affected persons were given an opportunity to voice their concerns and be heard;
and
WHEREAS, the Planning Commission in its discretion has determined that the vacation
will benefit the public interest because:
1) Replacement easements, as approved by the City Engineer, will be recorded against the
property with Washington County.
WHEREAS, the Council, at its meeting on the 18th day of April 2017, considered the
recommendation of the Planning Commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
for vacation two existing drainage and utility easements is hereby granted in accordance with the
property descriptions provided above, subject to the following conditions.
1. The Applicant shall grant the City replacement easements, as approved by the City
Engineer, and record said easements with Washington County.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 18th day of April 2017.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Clerk
EAG
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PROPOSED STORMWATER
FACILITY EASEMENT
0
NORTH
120 240
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
DENOTES PROPOSED
STORMWATER FACILITY
EASEMENT
NORTHERLY STORMWATER
FACILITY EASEMENT EXHIBIT
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
LEGAL DESCRIPTION:
Lot One (1), Block One (1), EAGLE POINT BUSINESS PARK 3RD ADDITION,
EXCEPT
That part Beginning at the Northeast corner of said Lot 1, Block 1; thence
South 89 degrees 38 minutes 02 seconds West, assumed bearing, along the
North line of said Lot 1 a distance of 28.08 feet, thence South 03 degrees 47
minutes 08 seconds East a distance of 426.49 feet to the East line of said Lot
1; thence North 00 degrees 00 minutes 40 seconds West along said East line
of Lot 1 a distance of 425.74 feet to the point of beginning.
(Torrens property, Certificate of Title No. 73198)
DESCRIPTION OF PROPOSED EASEMENT:
A stormwater facility easement over, under, and across that portion of Lot 1,
Block 1, EAGLE POINT BUSINESS PARK 3RD ADDITION, described as follows:
COMMENCING at the southeast corner of said Lot 1, Block 1; thence on an
assumed bearing of South 89 degrees 38 minutes 02 seconds West along the
south line of said Lot 1 a distance of 112.38 feet; thence North 00 degrees 21
minutes 58 seconds West a distance of 165.61 feet to the POINT OF BEGINNING;
thence North 45 degrees 22 minutes 37 seconds West a distance of 166.18 feet;
thence North 44 degrees 09 minutes 09 seconds East a distance of 195.10 feet;
thence North 00 degrees 19 minutes 48 seconds West a distance of 138.43 feet;
thence South 89 degrees 40 minutes 12 seconds West a distance of 89.69 feet;
thence South 44 degrees 38 minutes 18 seconds West a distance of 76.00 feet;
thence South 89 degrees 38 minutes 12 seconds West a distance of 626.83 feet;
thence South 44 degrees 54 minutes 38 seconds West a distance of 83.51 feet
to the westerly line of said Lot 1; thence northwesterly along said westerly line a
distance of 96.01 feet along a non-tangential curve concave to the southwest
having a radius of 330.00 feet a central angle of 16 degrees 40 minutes 09
seconds and a chord which bears North 55 degrees 08 minutes 13 seconds
West; thence North 00 degrees 22 minutes 57 seconds West, not tangent to last
described curve, a distance of 103.84 feet; thence North 89 degrees 37 minutes
03 seconds East a distance of 127.46 feet; thence South 01 degrees 21 minutes
51 seconds East a distance of 30.49 feet; thence North 89 degrees 37 minutes
03 seconds East a distance of 672.46 feet; thence North 44 degrees 38 minutes
18 seconds East a distance of 10.89 feet; thence North 89 degrees 40 minutes
12 seconds East a distance of 123.64 feet; thence South 00 degrees 19 minutes
48 seconds East a distance of 377.29 feet; thence South 45 degrees 35 minutes
11 seconds West a distance of 60.01 feet to the POINT OF BEGINNING.
EAG
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PROPOSED DRAINAGE AND
UTILITY EASEMENT
PROPOSED DRAINAGE AND
UTILITY EASEMENT
0
NORTH
120 240
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
DENOTES PROPOSED
DRAINAGE AND UTILITY
EASEMENT
DRAINAGE AND UTILITY EASEMENT EXHIBIT
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
LEGAL DESCRIPTION:
The northerly 261.00 feet of Outlot A, EAGLE POINT BUSINESS PARK 3RD
ADDITION, according to the plat thereof on file and of record in the office of
the Registrar of Titles, Washington County, Minnesota.
(Torrens property, Certificate of Title No. 72855)
AND
That part of Outlot A, EAGLE POINT BUSINESS PARK 3RD ADDITION, lying
southerly of the northerly 261.00 feet, according to the recorded plat
thereof, Washington County, Minnesota.
(Torrens property, Certificate of Title No. 74304)
DESCRIPTION OF PROPOSED EASEMENT:
A drainage and utility easement over, under, and across that portion of Outlot A,
EAGLE POINT BUSINESS PARK 3RD ADDITION, described as follows:
The westerly 10.00 feet, the southwesterly 5.00 feet, the south 5.00 feet, and the east
5.00 feet; all of said Outlot A
NORTHSCALE: 1 INCH = 120 FEET
0 120 240
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
EASEMENT VACATION EXHIBIT
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120 240
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
DENOTES DRAINAGE
AND UTILITY EASEMENT
TO BE VACATED
EASEMENT VACATION EXHIBIT
Suite #1
6750 Stillwater Blvd. N.
Stillwater, MN 55082
Phone 651.275.8969
Fax 651.275.8976
dan@
cssurvey
.net
LEGAL DESCRIPTION:
Lot One (1), Block One (1), EAGLE POINT BUSINESS PARK 3RD ADDITION,
EXCEPT
That part Beginning at the Northeast corner of said Lot 1, Block 1; thence
South 89 degrees 38 minutes 02 seconds West, assumed bearing, along the
North line of said Lot 1 a distance of 28.08 feet, thence South 03 degrees 47
minutes 08 seconds East a distance of 426.49 feet to the East line of said Lot
1; thence North 00 degrees 00 minutes 40 seconds West along said East line
of Lot 1 a distance of 425.74 feet to the point of beginning.
(Torrens property, Certificate of Title No. 73198)
DESCRIPTION OF EASEMENT TO BE VACATED:
The south 5.00 feet Lot 1, Block 1, EAGLE POINT BUSINESS PARK 3RD ADDITION
EXCEPT
The west 10.00 feet of the south 5.00 feet and the east 5.00 feet of the south 5.00
feet of said Lot 1
Lake Elmo Planning Commission Minutes; 4‐10‐17
City of Lake Elmo
Planning Commission Meeting
Minutes of April 10, 2017
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dorschner, Fields, Kreimer, Dodson, Emerson, Williams,
Lundquist and Hartley
COMMISSIONERS ABSENT: Larson
STAFF PRESENT: Planning Director Wensman, City Planner Becker and City Engineer
Griffin
Approve Agenda:
M/S/P: Williams/Lundquist, move to approve the agenda as amended, adding a 5c for a
condition for buckthorn management for Royal Golf, Vote: 7‐0, motion carried,
unanimously.
Approve Minutes: March 27, 2017
M/S/P: Williams/Lundquist, move to approve the March 27, 2017 minutes as amended,
Vote: 4‐0, motion carried unanimously.
Public Hearing – Easement Vacation – Bremer Bank 8555 Eagle Point Blvd
Becker started her presentation regarding the request for a vacation for two public
easements. The first request is to vacate and existing D & U for stormwater facility
easement to be relocated to allow for expansion of existing building. The second
easement to be vacated is along the property line (to be replaced) to allow for
combination of three parcels. The City Attorney and the County have been consulted
and it is ok to combine a platted lot with outlots. There is one condition being
recommended that the applicant shall record replacement easements as approved by
the City Engineer.
Dorschner asked if this approval secures the other necessary easements. Becker stated
that it does through the condition of approval.
Public Hearing opened at 7:10 pm
2
Lake Elmo Planning Commission Minutes; 4‐10‐17
There were no written comments and no one spoke
Public Hearing closed at 7:10 pm
Dodson is wondering why there are 2 separate motions being recommended. Becker
stated that there would not need t be 2 separate motions, but it makes it more clear
what is being vacated.
M/S/P: Dodson/Williams, move to recommend the approval of the vacation of the
easement described as south 5.00 feet Lot 1 Block 1, Eagle Point Business Park 3rd
Addtion and also the easement as shown in Doc. No. 1208614, subject to replacement
easements, as approved by the City Engineer being recorded, Vote: 7‐0, motion carried
unanimously.
Public Hearing – Zoning Text Amendment – VMX Zoning District
Becker started her presentation by talking about some of the updates from the last
meeting. The Commission wanted to add a definition for Mixed Use. Staff does not
recommend adding. It does not fit broadly into code and should only be in this district.
There were additional density standards added using the language from the
Comprehensive Plan for senior congregate care facilities up to 16 units per acre with
CUP. The garage setback of 25 feet was added to the table rather than the text.
Standards for V‐MDR were not added. The LDR zoning district can be used for areas
guided as V‐MDR. Setbacks for properties abutting County roads were added.
The issue of single family homes needs to be resolved. Existing single family homes
either need to be non‐conforming, or if they are permitted uses, the City would need to
allow new single family homes in this district. The current Comprehensive Plan
language does not mention detached single family homes as allowed uses in VMX
district. The minimum lot size for single family homes in VMX is currently 5000 sf, but
staff is proposing to change that to 9000 sf to prevent an influx of subdivision. The
minimum lot width is proposed to change from 50 ft to 70 ft to mirror V‐LDR standards.
There was a discussion at the last meeting regarding conditional and permitted uses in
the VMX district. The Commission should specifically outline which uses are of concern
and discuss. New housing type mixture requirement was added from MDR standards
for Multi‐family and two family dwelling units. Staff is recommending striking this.
There was concern at the last meeting regarding veterinary services, so language was
added to limit services to small domestic pets.
Lundquist asked about the single family housing not being in the Comprehensive Plan.
Becker stated that the Comprehensive Plan can be addressed with the amendment
currently being worked on. Williams thinks that single family should be included as a
permitted use in the table for VMX. Wensman stated that he believes this is the right