HomeMy WebLinkAbout06-26-2006 Planning Commission PacketLAKE City of Lake Elmo
jikELM 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
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NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, June 26, 2006, at 7:00 p.m.
AGENDA
1. Agenda Approval
2. Minutes of June 12, 2006
3. Zoning Text Interpretation — Accessory Structures
4. Zoning Ordinance
5. City Council Update
6. Adjourn
APPROVED: JUNE 26, 2006
City of Lake Elmo
Planning Commission Meeting
Minutes of June 12, 2006
Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00
p.m. COMMISSIONERS PRESENT: Lyzenga, Van Zandt, Armstrong, Ptacek, Roth,
Schneider, Deziel, Pelletier, Fliflet, and McGinnis. STAFF PRESENT: Planner Dillerud and
Administrator Rafferty.
Agenda
M/S/P, Ptacek/Van Zandt to approve the Agenda as presented. Vote: 9:0.
Minutes
M/S/P, Ptacek/Armstrong to approve the Minutes of May 22, 2006 as amended to reverse the
order of the mover and seconder for the motion on page 2 from Roth/Deziel to Deziel/Roth.
Vote: 9:0.
PUBLIC HEARING: Variances at 9429 Jane Road
The Planner explained that the orientation of the existing garage on this parcel forces residents to
back out onto Jane Road. The home is setback far enough from the lake but is situated very
close to Jane Road. The proposed new garage will be side loading.
M/S/P, Ptacek/Van Zandt to recommend approval of the variance to side yard setback and front
setback at 9429 Jane Road North to demolish an existing garage and construct a small home
addition and new garage based upon the following Findings:
1. The property cannot be put to reasonable use without the granting of the variances
requested. Reasonable use must be defined in the context of the reasonable availability
of locations that comply with R-1 setbacks to construct a garage of the dimensions
proposed in a manner that will improve the safety for motorists on Jane Road North.
2. The variance requested results from physical circumstances unique to this property
relative to elevations/drainage created by others from reconstructed Jane Road to the
existing garage, and the extensive setback of the house/septic system location that results
in no other locational alternative for a reconstructed garage.
3. Granting of the variances will not change the essential character of the neighborhood.
And especially because it will improve safety for motorists on Jane Road, subject to the
condition that any structure, including eaves, roof overhang, gutters, etc., not encroach closer
than the minimum existing distance between the existing garage to the side property line, and
subject to the condition that gutters must be installed along the entire south eave line to direct
roof water away from the neighboring property to the south precluding roof drainage from
encroaching upon that neighboring property. Vote: 9:0.
PUBLIC HEARING: Preliminary Plat of HOA 2"d Addition
And Section 520 Site Plan Review of Rasmussen College
The Planner explained that the preliminary plat submission is another phase of the Eagle
Point Business Park project that began in 1999. The site is at Inwood and Hudson
Boulevard. The process has been to create a lot to suit the building proposed and to leave the
remaining land as outlots, and such is the case now.
Lake Elmo Planning Commission Meeting Minutes of June 12, 2006 1
APPROVED: JUNE 26, 2006
M/S/P, Ptacek/Armstrong to recommend approval of the preliminary plat of HOA 2ND
ADDITION subject to the recommendations of the City Engineer, City Attorney, and those
of the South Washington Watershed District as found to be reasonable and practical by the
City Engineer. Vote: 9:0.
M/S/P, Ptacek/Armstrong to recommend approval of the Section 520 Site Plan for
Rasmussen College, subject to the following conditions:
1. Compliance with the recommendations (if any) of the City Engineer, City Attorney and
those of the South Washington Watershed found to be reasonable and practical by the City
Engineer.
2. Modification of the site plan parking arrangement to eliminate the park setback
encroachments at both the south and north street frontages.
3. Modification of the luminaire plan to reduce the foot candle illumination to 3 foot candles
or less beyond a 20 foot arc from the light sources.
4. Elimination of all exterior lighting within the public street right-of-way unless specifically
approved by the City Council.
5. Payment of Public Use Dedication fees in the amount of $9,852 prior to issuance of a
building permit.
6. Submission of a landscape architect's certification of the value of the landscape plan in
compliance with the formula provided by Section 520 of the Lake Elmo Municipal Code,
and provision by the applicant of a Letter of Credit in that amount securing the plan prior to
issuance of a Building Permit.
Vote: 9:0
M/S/P, Deziel/Roth to recommend the City Council consider extra circumstances within the
lighting plan to allow lighting the public street and cul de sac because of the nature of the
school but that lighting must be turned off between 11 p.m. and 5:00 a.m. Vote: 8:1 Nay -
Schneider, We don't need the lights.
PUBLIC HEARING: Zoning Amendment, RR Setbacks
M/S/P, Armstrong/Schneider to table consideration of changes to RR setbacks until the
Planning Commission addresses the new Zoning Ordinance where the issue can be reviewed
comprehensively at that time because we are being asked to compare RR setbacks to those in
RE and they have different guiding in our Comprehensive Plan. RR and AG are the same
guiding; RE is a separate guiding. The RE Zoning District was created for uniformity in new
RE neighborhoods and to keep homes equidistant from each other in those neighborhoods.
There are different philosophies in those two zoning districts and review is unnecessary at
this time. Vote: 9:0.
PUBLIC HEARING:
Zoning Text Amendments -Architectural Performance Standards
M/S/P, Roth/Ptacek to recommend modification of the Architectural Performance Standards
in the commercial zoning districts to exclude artificial or thin veneer brick or stone less than
nominal 4 inches thick as a primary exterior surfacing material, to include cedar or redwood
wood siding and architectural metal panels as an exterior surface accent material. Vote: 8:1,
Lake Elmo Planning Commission Meeting Minutes of June 12, 2006 2
MEMO
(June 22, 2006 for the Meeting of June 26, 2006)
To: Lake Elmo Planning Commission
Subject: New Zoning Ordinance
I am sending along your "workbook" binders for the new zoning ordinance. At this point
we have not used section tabs, but they will be supplied once we know a bit more about
what directions we are headed. No sense in constantly changing them or having miss -
labels.
Within what is now a pretty empty workbook I have inserted the materials that I had
ready at the last meeting but decided to hold until we had the books to place them in.
Those materials cover tow resource topics:
1. The controlling State Statutes regarding city zoning ordinances and subdivision
regulations. What we can and can't do — right up front.
2. Two zoning ordinance "Tables of Contents" (one from Plymouth and one from
Oak Park Heights). Both of those zoning ordinances are reasonably contemporary
and Euclidian in structure. One of these (or an iteration) could be used as the
outline for our ordinance. We need to work off an outline or we will get lost in the
process.
3. A copy of the Land Use Plan classifications from the 2030 Comprehensive Plan.
This becomes a "running start" on the zoning districts we will need in our new
ordinance — and on our new zoning map.
On June 26 I suggest we discuss and maybe even decide some umbrella policy for this
project, including the following:
1. How much of the City's development regulations should be encompassed
within the new zoning ordinance? Today (if you look at your Code books) you
will see that many of the regulations you see in those tables of content examples
is scattered throughout our Code — not in the zoning ordinance (landscaping,
signs, lighting, parking, grading, site plan review — just to name a few). Should
we also roll the subdivision regulations into the work we are doing (making this a
Development Code, rather than just a zoning ordinance?
2. Will our work be better served and more/less expedient by having the
Commission appoint sub committees to work on the various sections of the
new ordinance? Potentially more meetings for staff to service, but we will also
be better staffed after July 3 as well. If that is a strategy the Commission wants to
pursue, June 26 is the time to set up those sub committees — roughly along the
outline — if any — that the Commission desires to follow with the new ordinance.
This should be enough for us to cover on June 26.
MEMO
(June 22, 2006 for the Meeting of June 26, 2006)
To: Lake Elmo Planning Commission
From: C ck d
Subject: Zoning Text Interpretation — Accessory Structures
A recent inquiry regarding a building permit for an accessory structure in the AG zoning
district has raised an issue of logic and intent within the RR and AG district standards.
Indeed the Building Official and the City Planner independently advised the potential
building permit applicant differently as to the intent of the subject code language. As I
look at it (repeatedly) it certainly appears that the language in question could be read two
very different ways.
I have attached the table of allowable accessory structures from the 1999 amendments to
that section of the zoning ordinance. The language in question is that which is highlighted
regarding allowable accessory buildings in "Agricultural (Non -conforming)". Note that
"Non -conforming" in this case means AG zoned lands where the buildings are not being
used for agricultural production. The issue is whether the terminology "total area" applies
to each of the two allowable buildings, or whether it is meant to be the aggregate of the
two allowable buildings. Can there be two building that are each a maximum of 2,000
square feet, or two buildings that total in aggregate a maximum of 2,000 square feet area.
If one moves on to the "Rural Residential" section of the accessory building table you
find that, while only a single accessory structure is permitted, that structure may be 3,000
square feet in area. Is it logical to limit the maximum area of an accessory building to
2,000 square feet in the (non -conforming) AG district to 2,000 square feet and permit an
accessory building of 3,000 square feet in the (supposedly more restrictive) RR zone by
interpreting the AG standard to be two buildings with an aggregate area of the 2,000
square feet? It seems to be more logical to assume that the AG district standard should be
interpreted to be two building of 2,000 square feet each maximum — an aggregate
maximum of 4,000 square feet.
At least a couple of the current commissioners were serving in 1999 when we last looked
at accessory building standards — as was the current City Planner as a very new staff
member at the time. Perhaps they can shed some light on what was intended with this
language.
I do not believe it is the time to start otherwise tinkering with the accessory building
standards, even though there has been recent discussion of a need to revisit those
standards at the City Council. Staff is requesting only the Commission's recommendation
regarding how to interpret the specific wording — which we will place on the Council
agenda for July 5.
gricutura)
IWlaximu T umber anc, Size of Accessory Buildings
Agricultural (Non -conforming)
Up to ten (10) acres
Over 10 but less than a nominal forty (40) acres
Rural Residential
Up to 10 Acres (Nominal)
10 Acres to 15 Acres
15 Acres to 20 Acres
Residential - RI, RED and OP
5,000 square feet to 1 Acre
Over 1 Acre to 2 Acres
Over 2 Acres
There shall be no limit on the size or number of accessory
buildings so long as the parcel is a nominal forty (40)
acres, or more and buildings are agricultural buildings as
defined in 300.13 Subd 3 (A) (5)
Two buildings with a total area not to exceed one thousand
(1,000) square feet s,
Two buildings a total are not to exceed two thousand
(2,000) square feet.
One 2000 square feet detached building in addition to an
attached garage.
One 2500 square feet detached building in addition to an
attached garage.
One 3000 square feet detached building in addition to an
attached garage.
A combined 1200 square feet total for both attached and
detached accessory structures or residential garage; the
size of the footprint of the detached structure shall not
exceed the size of the footprint of the primary structure.
One 1200 square feet detached residential garage or
building in addition to an attached garage.
One 1300 square feet detached residential garage or
building in addition to an attached garage.
Section 2. Amendment: The following Section of the Lake Elmo Municipal Code is hereby repealed.
300.07 Subd. 4. B. 2. b.
Section 3. Effective Date: The ordinance shall become effective upon its passage and publication
according to law.
f
Lee Hunt, Mayor
Attest:
Mary Kueffner, City Administrator
Adopted by the Lake Elmo City Council on the 17th day of November, 1998.
Published in the Stillwater Gazette . , 1999