HomeMy WebLinkAboutResolution 91-34RESOLUTION 91-34
A RESOLUTION OPPOSING THE DETACHMENT OF 93 ACRES KNOWN AS
OUT LOT A LAKE ELMO HEIGHTS 2ND ADDITION FROM LAKE ELMO
AND ITS CONCURRENT ANNEXATION TO THE CITY OF OAKDALE
WHEREAS, The City of Lake Elmo, Washington County,
Minnesota is a statutory city existing and authorized
pursuant to the laws of the State of Minnesota; and
WHEREAS, Lake Elmo Heights Limited Partnership, the
owners of Out Lot A Lake Elmo Heights 2nd Addition submitted
a petition to the Minnesota Municipal Board for detachment
of Out Lot A from the City of Lake Elmo with a concurrent
annexation to the City of Oakdale, pursuant to Minnesota
Statutes 414.061 Subdivision 5, identified by the Municipal
Board as Case No. D-277 Lake Elmo/A-4909 Oakdale, Lake Elmo
Petition, 93 acres; and
WHEREAS, the following chronology of events resulted in
the creation of Out Lot A, Lake Elmo Heights, 2nd Addition:
1. On January 7, 1985, Don Bishop/Clapp/Thomssen Co.,
Et. Al made application to the City of Lake Elmo for a
rezoning of 79 acres of land from Rural Residential
(minimum 10 acre lot size) to R1 ( minimum 1-1/2 acre
lot size). The application for rezoning was denied by
the City council on March 19, 1985. The applicant did
not appeal the City's denial of his rezoning request.
Although the City Council denied the rezoning request
on March 19, 1985, it did give preliminary concept
approval for a cluster development of the entire 145
acres consistent with the City's standards for a Rural
Residential cluster development.
The cluster development standards in the Rural
Residential zoning district permitted a density of 7
lots per 40 acres of land which allowed for 25 lots on
the applicants 145 acres. If the applicant would have
developed under the Rural Residential development
standards without clustering, he would have been
limited to 14 lots on this property, based on the 1 lot
per ten acre minimum lot size in the Rural Residential
zoning district.
2. On July 2, 1985, Don Bishop/Clapp/Thomssen Co. made
application to the City of Lake Elmo for preliminary
plat approval of 11 (Phase I) of the 25 lots that would
be allowed in the cluster development. At the same
time, applicant requested variances for three lots that
exceeded the 2.0 acre maximum lot size allowed in the
Rural Residential cluster development standards.
3. At its August 12, 1985 meeting, the Planning
Commission made two recommendations to the Lake Elmo
City Council: (1) That the City Council approve the
preliminary plat and final plat for 11 lots in Phase I,
Lake Elmo Heights; and (2) That the City Council
approve variances allowing lots 1, 4 and 5 to be
greater than 2 acres in size.
4. On August 20, 1985, the Lake Elmo City Council
voted unanimously to grant preliminary plat approval
for Lake Elmo Heights Phase I, contingent upon permits
being issued by the Valley Branch Watershed District,
and the Washington County Highway Department.
5. On September 17, 1985, the Lake Elmo City Council
granted lot size variances for Lots 1, 4 and 5 of Lake
Elmo Heights. These variances allowed for the three
lots to exceed the 2 acre minimum standard set forth in
the Rural Residential Cluster Standards of the Lake
Elmo Municipal Code.
6. On March 24, 1986, the Lake Elmo City Council
approved, by Resolution 86-22, the final plat for Lake
Elmo Heights, a cluster development of 11 lots in the
Rural Residential zoning district.
7. On July 15, 1986, E. Don Bishop, president of Lake
Elmo Heights, entered into a developers agreement with
the City of Lake Elmo for Lake Elmo Heights.
8. On November 16, 1986 the City Council changed the
development standards for clustering in the Rural
Residential zoning district. The new standards allowed
clustering at 4 lots per 40 acres with a minimum lot
size of 5 acres and maximum lot size of 7 acres.
9. On January 16, 1987, the City of Lake Elmo accepted
the application for preliminary plat approval, and
final plat approval of Lake Elmo Heights 2nd Addition.
This application was for the second phase of the Lake
Elmo Heights cluster development and consisted of 13
lots which ranged in size from 1-1/2 to 2 acres, and
one Out Lot consisting of 93 acres. This application
was made based on the conceptual approval that was
given by the City Council on March 19, 1985 for the
entire 145 acre cluster development.
10. On February 9, 1987, the Lake Elmo Planning
Commission held a public hearing to consider the
preliminary plat of Lake Elmo Heights 2nd Addition.
The Planning Commission recommended that the new
cluster standards (4 lots per 40 acres with 5 to 7 acre
contiguous lots, with no transfer of density) apply to
the Lake Elmo Heights 2nd Addition preliminary plat.
11. On April 7, 1987, the Lake Elmo City Council held
a public hearing to consider the request of Don Bishop,
on behalf of the Lake Elmo Heights Limited Partnership
for a variance to the Rural Residential cluster
development standards adopted by the City on November
18, 1986. The variance would allow applicant to
complete Lake Elmo Heights 2nd Addition under the 7 lot
per 40 acre 1979 Rural Residential Cluster Standards,
rather than the 4 per 40 acre Rural Residential Cluster
Standards.
12. On June 16, 1987, the Lake Elmo City Council
granted preliminary plat approval for Lake Elmo Heights
2nd Addition noting that this was the remaining 13
lots, (plus one 93 acre Out Lot) from the original 25
lot cluster development proposal that had been approved
in concept on March 19, 1985. The City Council further
determined that a variance for the length of the cul-
de-sac was not needed; and determined that a variance
to the requirement of 1 acre of land for a drainfield
was not required.
13. On June 27, 1987 the Lake Elmo Planning Commission
recommended, on a 7 to 2 vote, that the Lake Elmo City
Council deny the final plat of Lake Elmo Heights 2nd
Addition based on their conclusion that the cul-de-sac
should be permanent and limited to 800 feet; that
cluster development is considered to be the ultimate
density under the current Comprehensive Plan and
therefore, street planning for the Out Lot is not
necessary,
14. On July 7, 1987, the Lake Elmo City Council
granted final plat approval to Lake Elmo Heights 2nd
Addition (13 clustered home sites) by adoption of
Resolution 87.33 with the condition the applicant
comply with the recommendations of the City Engineer
subject to the applicant complying with the
recommendations of the Washington County Public Works
Department, subject to the City Attorney's written
approval of the developers agreement, and subject to
applicant providing a list of the partnership members
of Lake Elmo Heights Limited Partnership as required in
the Lake Elmo City Code, and subject to applicant
paying a park dedication fee of $250 for each newly
created lot.
15. On July 15, 1987, the City of Lake Elmo entered
into a developers agreement with Lake Elmo Heights, a
Minnesota Limited Partnership, for Lake Elmo Heights
2nd Addition and Lake Elmo Heights 2nd Addition - out
Lot A.
This agreement recognizes that Out Lot A was restricted
to the development of one single family residential
unit on the entire 93 acres, and that the land would be
set aside as part of the City's development regulations
which allowed the cluster development of Lake Elmo
Heights and Lake Elmo Heights 2nd Addition.
WHEREAS, the land being sought for detachment is a
platted lot allowed by the City under its Rural Residential
Cluster Standards; and
WHEREAS, Lake Elmo residents on lots within Lake Elmo
Heights and Lake Elmo Heights 2nd Addition have advised the
City that they purchased their property with the
understanding that Out Lot A would continue to be used for
Agricultural and/or Open Space purposes consistent with the
City's cluster development regulations; and
WHEREAS, the proposed concurrent detachment and
annexation would be of no benefit to the City of Lake Elmo
and may further establish this procedure as a method of
resolving differences in development philosophies between
the City of Lake Elmo and individual landowners within the
City, and would serve to erode the integrity and
effectiveness of the City's Comprehensive Plan and
subdivision regulations; and
WHEREAS, the proposed concurrent detachment/annexation
would allow the petitioner to have the effect of taking
advantage of the City's development regulations when it
served his purpose, but ignore the development regulations
when they did not serve his purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Council
for the City of Lake Elmo strongly opposes the proposed
detachment and annexation of said property; and
FURTHER, that the City Council for the City of Lake
has determined that it is not, under any circumstances, in
the best interest of the City of Lake Elmo that said
concurrent detachment and annexation be approved.
Adopted by the City Council of the City of Lake Elmo
this 12th day of November, 1991.
vid D. Jbhnsoh,,�Mayor
ATTEST:
Mary Kueffner,-"City Administrator