HomeMy WebLinkAboutPZ 11.14.07 PacketrELAKE City of Lake Elmo
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L M 0 3800 Laverne Avenue North a_
Lake Elmo, Minnesota 55042
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(651) 777-5510 Fax: (651) 777-9615
Www.LakeEk9p.0rg
The City of Lake Elmo
Planning Commission will conduct a meeting on
WedgEaday, November 14,2007, at 7:00 p.m.
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. October 10, 2007
4. Public Hearings:
a. ZONING CODE TEXT AMENDMENT: An ordinance to amend regulations
governing non-agricultural low impact uses and to allow such as an interim
permitted use in the HD -A -BP zoning district.
b. ZONING CODE TEXT AMENDMENT: An ordinance to allow temporary
accessory buildings as an interim permitted use in the PF zoning district for
local, county, and state government facilities. — request for inderinite tabling
5, Business Items:
a. CITY CODE RENUMBERING ORDINANCE: Review ordinance revising
numbering system for city code book.
6. Informational Items:
a. City Council Updates
i. November 5
1. 8186 Hill Trail N Septic Variance — approved
2. Common Ground Church CUP denied
3. Impervious Surface Ordinance — approved
4. Rezoning properties —'tabled
5. Planning Director position — approved
6. Amend Planning Commissioner appointment and termination
to be consistent with other commissions — approved
7. Direction to study options for off-site signage — approved
b. December 2007 meeting schedule — Cancel December 24"' meetip.N
7. Adjourn
it of Lake Elmo
Planning Commission Meeting
Minutes of October 10, 2007
Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m. COMMISSIONERS PRESENT: Armstrong (7:12), Deziel, Fliflet, Helwig,
Pelletier, Ptacek, and Roth. STAFF PRESENT: Senior Planner Gozola and Planner
Matzek
Agenda
M/S/P, Helwig/Deziel, to approve the agenda as presented. Vote: 6:0.
Minutes — August 27, 2007
M/S/P, Pelletier/Helwig, to approve the minutes as presented. Vote: 6:0.
Public Hearings
Ordinance — Rezonings: Rockpoint Church, Two properties at Lake Jane Hills
Park, 11530 Hudson Boulevard
Senior Planner Gozola provided the Planning Commission with information on the four
parcels proposed for rezoning. He said the proposed rezonings are to correct
inconsistencies between the Comprehensive Plan and the existing zoning or past
rezonings. He began by explaining that the Rockpoint Church site had previously been
identified for rezoning to Public Facilities, but had been done so by resolution instead of
ordinance. Senior Planner Gozola said another proposed rezoning would include two
properties off Jamaca and 42nd Street which are known as Lake Jane Hills Park. He
identified the fourth parcel as 11530 Hudson Boulevard, which was previously rezoned to
Agricultural in 2002, but had not been reflected on the city's official zoning map.
Therefore, this parcel was incorrectly placed in a holding district for Rural Residential
instead of Agricultural.
Commissioner Helwig asked how many acres were involved with the church
development.
Kirby Spike, 9670 53" Street N
Mr. Spike said he is the Chairman of Rockpoint Church which is on twenty acres. He
stated that the entire site is 108 acres.
M/S/P, Helwig/Fliflet, to recommend approval of the rezoning of Rockpoint Church.
Vote: 6:0.
#1 Vill
Lake Elmo Planning Commission Minutes; t0-10-07
M/S/P, Pelletier/Deziel, to recommend approval of the rezoning of the two park parcels.
Vote: 6:0.
I-rWJ*WWJFAJf
li��li��-mIilli 1111pi,
NYS/P, Roth/Pelletier, to recommend approval of the rezoning of the parcel at 11530
Hudson Boulevard. Vote: 6:0.
Senior Planner Gozola provided the Planning Commission with information on what an
interim use permit (1UP) is and how it could function. He said all IUP is much like a
conditional use permit, but with a specific date or trigger event when the use would end.
He said he was looking for direction on how the commission would like to proceed with
the wording of the ordinance.
Commissioner Armstrong arrived at 7:12 p.m.
Chairman Ptacek identified that the sewer is going to dictate in some areas when an IUP
would expire. He said it was difficult to come up with a laundry list and asked staff to
find out what other cities have listed as uses for IVPs.
Commissioner Armstrong said the ordinance can not just list uses, but needs to have the
boundaries for the uses identified.
Senior Planner Gozola stated that all of the potential uses did not need to be identified at
that time, but it would be important to focus on establishing the tool to begin with,
Chairman Ptacek suggested reviewing the list of CUP items and reviewing the
conditions.
Commissioner Pelletier asked who would determine which application would be applied
for if a use was listed as both a CUP and an IUP.
man
Lake Elmo Planning Commission Minutes; 10-10-07
DRAFT
Chairman Ptacek said he would like to see the purpose and intent included in the
language.
Commission Helwig recommended putting limitations of use expansions.
Commissioner Fliflet said the statute provided says termination must be identified with
certainty, but below it says it can be changed with a change in code which seems
contradictory. She also said that the proposed business park south of 10th street will
occur when a company comes in and not necessarily at the moment sewer becomes
available. She suggested as the ordinance is crafted that information is taken into
consideration.
Commissioner Armstrong suggested a two year standard renewal date with a minimal
renewal fee. He said the renewal could be on the consent agenda at the Council if no
issues are identified. He asked staff to work on a definition for impervious surface and
clarify the site area for non-agricultural low impact uses.
City Council Updates
Senior Planner Gozola said the Council approved the CUP for Hairitage 'Hous and the
Master Plan Amendment for the Carmelite Monastery. He said that they denied the
application for the CUP amendment at 11530 Hudson Boulevard.
Chairman Ptacek asked if anything was resolved regarding the planning commission
terms.
Senior Planner Gozola said the Council set an overall term limits of three years and two
consecutive terms.
Commissioner Fliflet asked if there was discussion on public input with time limits.
Senior Planner Gozola said both the council and the public will have a time limit in an
effort to condense discussions and to keep meetings moving forward.
Respectfully submitted,
Kelli Matzek
Planner
Lake Elmo Planning Commission Minutes; 10-10-07
Planning Commission REQUESTEDate: 11/14/07
Public hearing
Item: la -
ITEM: Hold a public hearing to consider an ordinance to adopt regulations to
govern the issuance of interim use permits, to establish allowable interim
uses in the HD -A -BP zoning district, and to amend existing standards
governing non-agricultural low impact uses
D BY: BY: CKvCouncil & Planning Commission
SUBMITTED BY: Ben Gozo|a'Senior Planner
REVIEWEDBY: Susan Hoyt, City Administrator
Ke||iMetzek.Assistant City Planner
SUMMARY AND ACTION REQUESTED:
What are you asked to do? The planning commission is asked to hold a public
hearing to discuss a revised draft ordinance to establish regulations governing the
issuance of interim use permits (IUPs), the establishment of allowable interim uses in
the HD -A -BP zoning district, and to amend the existing regulations governing non-
agricultural low impact use standards.
What is an IUP? An IUP is an important zoning tool because, unlike conditional use
permits (CUPs), an IUP can be eliminated once a specific trigger occurs. Typically
IUP's will terminate on a specific date, at the occurrence of a specific event, or until
zoning regulations would no longer permit such a use. In contrast, a CUP cannot be
terminated provided the conditions of approval continue to be met.
item on the 2007 work plan. Additionally, identified problems with the existing non-
agricultural low impact use standards—along with a recommendation to make such
an interim permitted use—have also prompted some of the changes proposed by this
At the October 22 nd Planning Commission meeting, a public hearing was held to
review an initial draft ordinance prepared by staff based on Planning Commission
feedback provided on October 1 oth . The main characteristics of the ordinance were
as follows:
1. Purpose and intent language was included;
2. Acap onall interim uses was set ekamaximum oftwo years nrless;
3. Renewals could beallowed via aless intensive review process;
4. The standard review process followed the steps established for CUPe;
5. Definitions were added osneeded; '
6. Staff created mtemp|ete "consent `agreement" for IUP applications;
7. Non -Agricultural Low Impact Uses were added as an interim permit use in the
HD -A -BP zoning district,
The commission discussed the initial draft ordinance, and recommended staff
incorporate changes proposed by Commissioner Tom Armstrong on the language
governing non-agricultural low impact uses. The revised ordinances before you
tonight incorporate the requested changes.
The planning commission isasked 8ohold apublic hearing and consider two
ordinances. One will establish regulations governing the issuance ofinterim use
pmnnha, and the other would establish allowable interim uses inthe HD-4rBPzmnin8
district.
* |fthe language ieacceptable tothe commission, the commission should
recommend approvalofthe language (with any necessary edits) and forward
such toCity Council for consideration.
* If the commission is uncomfortable with the ordinance or would like other aspects
examined, the item should be tabled again and direction given to staff on what to
address.
- Introduction ...... ............... .......... .......... ........................... Ben Gozola'Senior Planner
- Report by mtaf.............. ....................... ....... .............. Ben Gozola'Senior Planner
- Questions from the Commission ............... ................... Chair & Commission Members
- Open the Public Hearing onthe IUP Ordinance ... ................................................ Chair
- Close the Public Hearing.-----.------'.--.'.--------'_—.Cheir
- Open the Public Hearing onthe Non Agricultural Low
ImpactUse Changes ...................... ................... .................................................. Chair
Close the Public Hearing .---------------------------.Chair
Call for amotion ................................................................................... Chair Facilitates
- Discussion of Commission on the motion ................. _ ........................ Chair Facilitates
- Action by the Planning Commission .............................. Chair & Commission Members
ATTACHMENTS (5):
1. Proposed Ordinance toadopt regulations governing the issuance ofinterim use
permits.
2. Proposed Ordinance to amend regulations governing non-agricultural low impact
uses (per Planning Commission direction on10-22-O7).
3. Staff's original option toestablish non-agricultural low impact uses aninterim
permitted use inthe HD'A-BPzoning district.
4. Proposed Consent Agreement for IUP applicants.
S. MN Statute 4G2.8597which authorizes interim uses.
Section 1. The City Council of the City of Lake Elmo hereby ordains that Sections
i-5-4.019 and 154.020 and all associated subdivisions are hereby amended to read
follov7s:
Current Section 154.020 and its subdivisions are restated and incorporated herein as Section
154.021.
Current Section 154.019 and its subdivisions are restated and incorporated herein as Section
154.020.
(A) Purpose and Intent. The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction.
(2) To allow a use that is presently acceptable, but that with anticipated
development or redevelopment, will not be acceptable in the future or will
be replaced by a permitted or conditional use allowed within the respective
district.
(3) To allow a use which is reflective of anticipated long range change to an
area and which is in compliance with the Comprehensive Municipal Plan
provided that said use maintains harmony and compatibility with
surrounding uses and is in keeping with the architectural character and
design standards of existing uses and development.
(B) General Standards. An interim use permit may be granted only if the City
I Council finds as follows:
(1) The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations.
(2) The use will not adversely impact nearby properties through nuisance,
noise, traffic, dust, or unsightliness and will'not otherwise adversely impact
the health, safety, and welfare of the community.
(3) The use will not adversely impact implementation of the comprehensive
plan.
(4) The date or event that will terminate the use is identified with certainty.
(5) The applicant has signed a consent agreement agreeing that the applicant,
owner, operator, tenant and/or user has no entitlement to future reapproval
of the Interim Use Permit as well as agreeing that the interim use will not
impose additional costs on the public if it is necessary for the public to
fully or partially take the property in the future.
(6) The user agrees to all conditions that the City Council deems appropriate
for permission of the use including the requirement of appropriate financial
surety to cover the cost of removing the interim use and any interim
structures upon the expiration of the interim use permit.
(7) There are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the subject parcel.
(8) The term of the interim use does not exceed two (2) years.
(C) Recordkeeping. The Zoning Administrator shall maintain a record of all
applications and all interim use permits issued, including information on the
use, location, conditions imposed by the community, time limits, review dates,
and such other information as may be appropriate.
(D) Application. Applications for an interim use permit shall be made by the fee
owner or authorized representative of the fee owner of the property upon which
the interim use is proposed. All applications shall include the following:
(1) A completed application form signed by the fee owner of the property or
by the fee owner's authorized representative;
(2) Application fee;
(3) Proof of ownership or authorized representation for the property on which
the interim use is requested;
(4) Development plans for the proposed use showing all information deemed
necessary by the Administrator to ensure the community can determine
whether the proposed development will meet all applicable development
standards. Such information may include but shall not be limited to the
following:
a.) Site plan drawn to scale showing parcel and existing topography;
b) Location of all buildings and their size, including square footage;
c) Curb cuts, driveways, access roads, parking spaces, off-street loading
areas, and sidewalks;
I
d) Landscaping and screening plans, including species and size of trees
and shrubs proposed;
e) Finished grading and drainage plan sufficient to drain and dispose of
all surface water accumulated;
f) Type of business or activity and proposed number of employees;
g) Proposed floor plan and elevations of any building with use indicated;
h) Sanitary sewer and water plan with estimated flow rates;
i) Soil type and soil limitations for the intended use. If severe soil
limitations for the intended use are noted, a plan or statement
indicating the soil conservation practice or practices to be used to
overcome the limitation shall be made part of the application;
j) A location map showing the general location of the proposed use
within the community;
k) A map showing all principal land use within 500 feet of the parcel for
which the application is being made;
1) The applicant shall supply proof of ownership of the property for
which the conditional use permit is requested, consisting of an abstract
of title or registered property certificate, certified by a licensed
abstractor, together with any unrecorded documents whereby the
petitioners acquired legal or equitable ownership; and
m) The application form shall be accompanied by an accurate list showing
the names and the mailing address of the record owners of all property
within a minimum of 350 feet of the property for which the conditional
use permit is sought; verified as to accuracy by the applicant.
(5) A letter from the applicant explaining the proposal and stating the date or
event that will terminate the use;
(6) A signed consent agreement, provided by the City of Lake Elmo, agreeing:
a) that the applicant, owner, operator, tenant and/or user has no
entitlement to future reapproval of the Interim Use Permit;
b) that the interim use will not impose additional costs on the public if it
is necessary for the public to fully or partially take the property in the
future; and
c) that the applicant, owner, operator, tenant and/or user will abide by
conditions of approval that the City Council attaches to the Interim
Use Permit.
(7) A location map showing the general location of the proposed use within
the community;
I
(8) A map showing all principal land uses within five hundred (500) feet of the
parcel on which the interim use is proposed;
(9) A certified list of property owners located within three hundred fifty (350')
feet of the subject property obtained from and certified by a licensed
abstractor.
(10) Any other information that may be reasonably required by the City to
evaluate the application.
(E) Planning Commission Review and Public Hearing. The Zoning Administrator
shall refer complete applications to the Planning Commission for consideration
and a public hearing at the next available regular meeting as determined by
staff. Prior to the meeting, the Zoning Administrator shall complete the
following:
(1) Distribute the application to appropriate city departments and commenting
agencies to receive feedback;
(2) Publish notice of the purpose, time and place of the public hearing in the
official newspaper of the community, and mail notices to all property
owners located within a minimum of 350 feet of the property described in
the application, at least 10 days prior to the date of the hearing. A copy of
the notice and a list of the owners and addresses to which the notice was
sent shall be attested to by the responsible person and shall be made a part
of the records of the proceedings. Failure to give mailed notice to
individual property owners or defects in the notice shall not invalidate the
proceedings, provided a bone fide attempt to comply with the provisions of
this section has been made.
(3) Prepare a staff report analyzing the request under city code requirements
for consideration by the Planning Commission.
After considering the application, the staff report, testimony from the applicant
and the public and any other relevant information; the Planning Commission
shall recommend approval, approval with conditions, or denial. The
recommendation of the Planning Commission shall be forwarded to the City
Council as soon as practical, and in a manner which allows the City Council
time to make a final determination on the request within the state mandated
timelines for reviewing land use applications.
(F) City Council Action. After considering the application, recommendation of the
Planning Commission, any staff reports, testimony from the public hearing and
any other relevant information; the City Council shall take action on the
application through approval, approval with conditions, or denial. Should the
City Council approve the application, the City Council shall make findings on
conformance to the IUP general standards, specify the term of the Interim Use
M
Permit, the event(s), circumstances or conditions that shall cause termination,
and any conditions of approval.
(G) Termination. An interim use shall terminate on the happening of any of the
following events, whichever occurs first:
(1) The date stated in the permit.
(2) Upon violation of conditions under which the permit was issued.
(3) Upon change in the City's zoning regulations which renders the use
nonconforming.
(4) The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning
district.
(H) Suspension and Revocation. The City Council may suspend or revoke an
Interim Use Permit upon finding that the activities allowed under the permit
adversely affect the public health, safety, or welfare in ways not anticipated
during approval of the permit. A suspension or revocation of an Interim Use
Permit shall be preceded by written notice to the permittee and a hearing. The
notice shall provide at least ten (10) days notice of the time and place of the
hearing and shall state the nature of the violations. The notice shall be mailed
to the permittee at the most recent address listed on the application. The
hearing of a contested case may, at the City Council's option, be before the City
Council or in accordance with Minnesota Statutes, Section 14.57 to 14.60, but
informal disposition of a contested case by stipulation, pursuant to Minnesota
Statutes, Section 14.59, may provide an adequate basis for imposition of
sanctions.
(I) Amendments. All requested amendments to an existing interim use permit shall
be processed in the same manner as a new application.
(J) Renewal. The following process may be used to renew an active interim use
permit that is set to expire. Terminated or suspended interim use permits cannot
be renewed.
(1) Application. Application requirements for renewal of an existing interim
use permit be the same as for a new application.
(2) Review. Upon receiving a complete application for an interim use permit
renewal, the Zoning Administrator shall send notice of the requested
renewal to all property owners within three hundred fifty (350) feet of the
parcel(s) containing the interim use. If any objections are raised within ten
(10) days of the mailed notice, the application shall be processed in the
manner of a new application. If no objections are raised, the Zoning
Administrator shall prepare a resolution of approval outlining the
I
conditions and stipulations of the renewal for consideration by the City
Council. Council—at its discretion—may approve or deny the request
with findings. Denial of a renewal request does not constitute termination
of the existing interim use permit.
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. — was adopted on this — day of
vote of — Ayes and — Nays,
Mayor Dean Johnston
Susan Hoyt
Administrator
This Ordinance No. was published on the _ day of _, 2007.
I
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section
15-4.033 subd (F) is hereby amended to read as follows:
(F) Non-agricultural low impact use standards.
(1) (a) The city desires to maintain and preserve open space and agricultural
land within the city. The city recognizes the monetary regards that may be enjoyed by a
fanner or larger property owner who sells his or her land for development. The city
further recognizes that allowing non- agricultural low impact uses, strictly controlled and
regulated by conditional use permit, might allow a farmer or large property owner an
economical use of his or her property that is zoned for agriculture. The following
standards shall apply to these types of uses.
(b) It is also the intent of the city to preserve the appearance of rural
character within the community by establishing standards for the setback and screening
from adjacent property and public roadways by natural features of any open storage as
may be associated with the non-agricultural use.
(Am. Ord. 97-76, passed 3-6-2001)
(2) (a) All of the property owner's real estate that is contiguous to the non-
agricultural low impact use must be zoned Agricultural and remain so zoned while the
conditional use permit is in effect.
(b) The area where the non-agricultural low impact use is located shall be
legally defined and is hereafter known as the "Non -AR Area." The "Non-A&.A�r
not exceed 4% of the property owner's contiguous agricultural zone (TrL),ss lot area. T�hEe
Deleted: UP Area."
C� r,
Deleted: CUP Area
Joe =6
building footprints and a jllPait and concrete surfaces within the Non Ag Area shall Dot
Deletet ed: CUP Area impervious surface
exceed 1.5% of the property owner's contiguous agricultural zone,(gross lot area.
coverage
overnents that would
locatedothcrwi�� be: �ernaittecl in tle{rPicultPPral zone ma lie outside of the Noir-A,
Area.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
154.034 is hereby amended to read as follows:
(A) Purpose. The Agricultural Business Park Holding District (HD -A -BP) is
intended to regulate land use within agricultural areas planned and staged for
business park development with access to regional sewer service. Areas zoned
HD -A -BP will be rezoned upon the availability of sewer service and when
consistent with the "Development Staging Plan" contained in the Lake Elmo
Comprehensive Plan. The future zoning district regulations will be consistent
with the comprehensive plan guidance of the property for Business Park use.
(B) General regulation. All regulations governing the Agricultural (A) zoning
district shall also apply to properties zoned Agricultural Business Park
Holding District (HD -A -BP) except as outlined in this section.
(C) Permitted uses. The permitted uses in the HD -A -BP zoning district shall be
the same as in the Agricultural (A) zoning district except that non-farm
dwellings shall be prohibited.
(D) Uses permitted by conditional use permit. The uses permitted by conditional
use permit in the HD -A -BP zoning district shall be the same as in the
Agricultural (A) zoning district except that Open Space Development Projects
shall be prohibited.
Formatted: Indent: Left: 0.13",
Hanging: 0.63", Tabs: 0.75", List
tab + Not at 0.64"
Formatted: Font: Not Italic
-EF.r;matt,!d. Bullets and Numbering
(1 on -a Icultural low inl act use s under the same ons as in therW.& --Font- Not Italic
gricultural (A) district with
the c xcet�tlon that the Non A area shall not_ .... .
exceed 5% of the p e t, )wrlers configuokLs agricultural zone gross lot Deleted
LInsert_d-
Formatted:
Font: Not Italic
�Accessory uses and structures. Regulations governing accessory uses and
Bullets and Numbering
structures in the HD- A -BP zoning district shall be the same as in the _�.Jjt
Formatted .
Agricultural (A) zoning district.
LQJ_Minimum district requirements. The minimum district requirements in the
Agricultural Business Park Holding District (HD -A -BP) shall be the same as in
the Agricultural (A) zoning district.
Cluster development. Cluster development in the HD -A -BP zoning district is
prohibited.
(I} Non-agricultural law impact use standards. Regulations governing non-
agricultural low impact use standards in the HD -A -BP zoning district shall be
the same as the Agricultural (A) zoning district.
Section 3. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. was adopted on this
vote of _ Ayes and __ Nays.
Susan Hoyt
Administrator
day of , 20s, by a
Mayor Dean Johnston
This Ordinance No. was published on the — day of , 2007.
CITY OF LAKE ELMO
I JIMITA, 15 101 0111C. if J,
1 1 'r J 11-3-141144 M WMM'T , Y11% 91`7 IMMv— TTRIIII
OF INTERIM USE PERMITS IN THE CITY OF LAKE ELMO, AND
ESTABLISHING ALLOWABLE INTERIM USES IN THE HD -A -BP ZONING
DISTRICT
154.034 HD -A -BP - AGRICULTURAL BUSINESS PARK HOLDING DISTRICT.
(A) Purpose. The Agricultural Business Park Holding District (HD -A -BP) is
intended to regulate land use within agricultural areas planned and staged
for business park development with access to regional sewer service. Areas
zoned HD -A -BP will be rezoned upon the availability of sewer service and
when consistent with the "Development Staging Plan" contained in the Lake
Elmo Comprehensive Plan. The future zoning district regulations will be
consistent with the comprehensive plan guidance of the property for
Business Park use.
(B) General regulation. All regulations governing the Agricultural (A) zoning
district shall also apply to properties zoned Agricultural Business Park
Holding District (HD -A -BP) except as outlined in this section.
(C) Permitted uses. The permitted uses in the HD -A -BP zoning district shall be
the same as in the Agricultural (A) zoning district except that non-farm
dwellings shall be prohibited.
(D) Uses permitted by conditional use permit. The uses permitted by conditional
use permit in the HD -A -BP zoning district shall be the same as in the
Agricultural (A) zoning district except that Open Space Development
Projects shall be prohibited.
intain and
I}resel ve open space anti a�x1 iculturai land withila tl}e ci't:v. The city
Lee
7ro �e1t � ovj12e1° whc} sells his or her land for clevclo mens. The cit further
strictly
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, Lis]
Formatted:
Hanging: 0. ' 75", Tabs: O.:St
g: 0i 88", List
tab + Not at 0.64"
Formatted. Bullets and Numbering
Formatted: Font: Not Italic
controlled and re,,LLtt,air interim uye�peirnlit, zzlr ballow a fartner or
lar an economical use of his or herp rU), iLL)r
_ j-__qj.
redevelom-nent as guided in (lie COMprehensive Dlan, Ili addition to the
(,�eneral TUP standards, the followin, standards shall also aiyr.)Iv to these
t�rpes of uses.
a, All of the pLoj2ei-L I Il
)L(Lwj3SLi �s real estate that is conti mous to I e on-
a�icultural low �i np use must be zoned H.D-A-BP and remain SO
zoned while the interim ll!.�e permit �js in effect.
b. The fro ert shall be a zzainizatuln of a nominal 4E3 acres in size.
c. The inaximuni size for ttLe
of all improvements --shall be le2al1v defined (as a.r)proved by the
CAN,), and not exceed 8% of the ilroverty owner's gross coritiguolLs
HD -A -BP zoned area.
ed area for
the non-agricultural low inlDact use shall not exceed 25%.
e. The use shall not generate more than 3 trips per day per acre of
contiguous agriculturally zoned area, with the exclTfion (1f iandwith
sole access to Hudson Boulevard that, shall not generate more than 6
trips rier day_per acre.
f. Uses involving the outside storage of vehicles e ui mens, or moods
shall be located a mininiurn of 200 feet from anypublic roadway Ity
_ or
Kal- --
ajG:cnt landowner's boundaryfx elt that the, setback frqgi the 1-94
frontage road shall be »tzt less than 5Q f'cet.in addition, an such
outside storage shall be screened from view from adiacent property
and the public roadway by berms and landscar)in--. A plan For such
screenim, shallbesubmitted with the application for the interim use
permit which shall clearly demonstrate by view cross-sections that said
screenine will be effective immediateiv and in all seasons. Loss of
landscaping materials or outdoor Storage of items in a manner not
screened frqn.) qd'acent ro ernes shall be grounds to terminate the
JUP.
than 3.0 SAC
ERALpMj-5 acres or 235 gallonsTer dayaer net acre of land based
upon design -�qcity of facilities, whichever is more restrictive,
h. -Thcproperty owner shall maintain the remaining land or farm Logtsi�le
g_ _ _
of the lUP Area in accordance with the emitted uses of the lii.�-A-,
BP zoning district and the zee taired _radices of the Soil andh ater
Conservation District,
i. All lialitinR shall comply with the city's r�trlction.
L All signs shall comply with the city!Lje���
. /—
k. Rate and volume of runoff from the 1UP shall not exceed the I % rule
and shall he- vezified by the'ity Finer.
Formatted, Indent: Left: 1", Space
After: 6 pt, Numbered + Level: 5 +
Numbering Style, a, b, c, ... + Start
at: I + Alignment: Left + Aligned at:
2.21" +Tab after: 2.46" + Indent
at: 2.46", Tabs: 1.25", List tab +
Not at 2.46"
Formatted., Normal, Indent: Left:
1", Numbered + Level: 5 +
Numbering Style: a, b, c, ... + Start
at: I + Alignment: Left + Aligned at:
2.21" + Tab after: 2.46" + Indent
at: 2.46", Tabs: 1.25", List tab +
Not at 2.46"
Formatted: Bullets and Numbering
1. Tfie use shall L(,Lm�tLiaAg q -jqqf ue reyL)nfig,, f the �jo'jqELy, ftLi thcr Formatted: Indent: Left: I", Space
After: 6 pt, Tabs: �112S", List tab i-
0
devc1_opijLejj(. of the ation ofthe lUP or after a two veal, L t at
period; whichever occurs first. Not at 2.46"
ffi__Accessoiy uses and structures. Regulations governing accessory uses and Formatted: Indent: Left: 0,13"
structures in the HD- A -BP zoning district shall be the same as in the Hanging: 0.75", Tabs: 0.88", List
Agricultural (A) zoning district. tab + Not at 0.64"
Formatted: Bullets and Numbering
LQI_Minimum district requirements. The minimum district requirements in the
Agricultural Business Park Holding District (HD -A -BP) shall be the same as
in the Agricultural (A) zoning district.
LUL—Cluster development. Cluster development in the HD -A -BP zoning district
is prohibited.
LIL—_--Non-agricultural low impact use standards. Regulations governing non-
agricultural low impact use standards in the HD -A -BP zoning district shall
be the same as the Agricultural (A) zoning district.
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. — was adopted on this — day of 20—, by a
vote of — Ayes and — Nays.
Mayor Dean Johnston
Susan Hoyt
Administrator
This Ordinance No. — was published on the — day of —, 2007.
WHEREAS, on 2007 the City Council of the City of Lake Elmo adopted
Ordinance No. - which establishes a framework for regulating temporary use of land
through the issuance of interim use permits; and
WHEREAS, Section - of this Ordinance requires an applicant for an interim use
permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the
proposed interim use will not impose additional costs on the public if there is a future need for
public acquisition of the applicant's property through eminent domain and that the applicant has
no entitlement to future reapproval of the interim use permit;
use permit for
(Location)
(Namo)
(use of propetly)
agree as follows:
as applicant for an interim
at
1. If this application is approved by the Lake Elmo City Council and an interim use permit
is issued, the interim use of the property will not impose additional costs on the City or
any other public entity if it is necessary to acquire the property or a portion thereof after
issuance of the interim use permit.
1 The applicant acknowledges that the proposed use is temporary and terminates upon
expiration of the interim use permit. The applicant has no legal or equitable right to future
reapproval of the interim use permit and must file an application for that purpose.
3. The applicant will comply with all conditions imposed by the City Council on the interim
use permit.
4, This Consent Agreement shall be binding on any owner, operator, tenant and/or user of
the property for which the interim use permit has been granted and the applicant is
authorized to sign this Consent Agreement on behalf of said owner, operator, tenant
and/or user of the property.
IVINVU-63
Applicant (Applicant must be the Propetty Owner)
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of 200,
by s the of
a Minnesota
behalf of said company.
Notary Public
RM
462.3597, Miiinesota Statutes 2006
Page I of I
Legislature Home 1 Links to the World I Help I Advanced Searrh
Minnesota
House l Senate I Joint Departments and Commissions I Bill Search and Status Statutes, Laws, and Rules
,.M.i..n,,n,e.,s.o..t,la....S-.t..a.t,u..t,e,Qf.
...s able, Qh,,apftrs.., Qbapt r4R !able of Contents
.. . .... ...
�11 " ME
Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota.
462.3597 INTERIM USES.
Subdivision 1. Definition. An "'interim use" is a temporary use of property until a particular
date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
Subd, 2. Authority. Zoning regulations may permit the governing body to allow interim
uses. The regulations may set conditions on interim uses. The governing body may grant
permission for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate for
permission of the use.
Any interim use may be terminated by a change in zoning regulations.
Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be
held in the manner provided in section 462,357. subdivision 3.
History: 1989 c 200 s 2
Please direct all comments concerning issues or legislation
to your H.Qu_se—M..e.rrl.b.P.r. or State.39ma.-tor
For Legislative Staff or for directions to the Capitol, visit the Us Contact
- .. page.
Qprlggql q%tl s..o .,contsrn ...
M -1�- .........
FE
http://www.revisor.leg.state.im.uslbirtlgetpub.php?type=s&year---current&nu.ny=462.3597 10/3/2007
Date: 11/14/07
Not a public hearing
item: 6
ITEM: Consider an ordinance to repeal the existing city code and replace it with
fully recodified city code incorporating all ordinances approved since the
last update. I
REQUESTED BY: Ben (3ozola.Senior Planner
SUBMITTED BY: 0enGozoha Senior Planner
REV|BNB]BY: Susan Hoyt, City Administrator
KeUMctzek Assistant City Planner
SUMMARY AND ACTION REQUESTED: At the October 22 nd meeting, the planning commission
was asked to hold a public hearing to discuss the repeal of the existing city code
in favor of a newly recodified code that incorporates all ordinances approved
since the last update. The public hearing was held with no comments being
received, but the commission determined that tabling the item was necessary to
provide for additional time to compare the recoclification to the existing code.
Acomplete repeal ofthe existing ordinance isneeded aethe new codification
utilizes acompletely new numbering system that was reco*mnnendedbv
/
American Legal (the company hired by the City to complete the recodif ication).
The new codification addresses the following problems with the existing city
code:
1. All approved ordinances are now reflected making the new code an up-to-
date document;
2. Dut-of+datereferences tostate statutes have been removed mrupdated tn
refect current state law;
3. Grammatical edits have been incorporated 10make the document more user-
friendly andeuaiar1oundaretand;
4. Duplicate language (rare) was removed.
NONE OF THE EDITS PROPOSED IN THE RECODIFIED ORDINANCE
CHANGE THE INTENT OR REQUIREMENTS OF THE EXISTING CITY CODE.
for both staff and residents to use and navigate. Additionally, the new code is
already set up for web access once the recodification is approved. Staff is
�
Ideally the city code should be updated after every change to the ordinance is approved.
While that will be the City's practice with this newly codified ordinance, bhas not been the
practice with the current city code. Multiple years worth cfordinances will now be
OPTIONS
Of the two ontions listed below, staff is recommendipg_2pj�ion 1.
1. Recommend approval ofthe new ordinance codification;
2. Table the item and request additional clarification on the proposed recodification as
deemed necessary.
SUGGESTED MOTION FOR CONSIDERATION:
Move to recommend the City Council approve the proposed ordinance to recodify and
-
Introduction .................................................................. ..... Ben Gozola.Senior Planner
- Rapodbvataf—---------------------.BenGmzola.SenkxPhanner
-
Questions from the Commission ... ............................... Chair & Commission Members
Call for amotion ............ .................................. ................................... Chair Facilitates
DisnueeionofCommisaionnnthenvrUon--------------'OharFac|itahea
AubonbvUhaPlanningCnmmisakm----------Chdr&CnmnniseionMenlbmra
ATTACHMENTS (1):
1. Proposed Ordinance to adopt the recodification and reorganization of city code.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
WHEREAS, Minnesota Statutes Sections 415.02 and 415.03 authorize the city to cause
its ordinances to be codified and printed in a book,
NOW THEREFORE the City Council of the City of Lake Elmo, Minnesota, ordains:
Section 1. The general ordinances of the City as amended, restated, revised, updated,
codified and compiled in book form, including penalties for the violations of
various provisions thereof, are hereby adopted and shall constitute the "Code
of Ordinances of the City of Lake Elmo. This Code of Ordinances also adopts
by reference certain statutes and administrative rules of the State of Minnesota
as named in the Code of Ordinances.
Section 2. The Code of Ordinances as adopted in Section I shall consist of the following
titles:
Title I. General Provisions
Title III.- Administration
Title V.- Public Works
Title VII, Traffic Code
Title 1X.- General Regulations
Title XL- Business Regulations
Title XIII.- General Offenses
Title XV. Land Usage
Table of Special Ordinances
Parallel References
Section 3. All prior ordinances, pertaining to the subjects treated in the Code of
Ordinances, shall be deemed repealed from and after the effective date of this
ordinance, except as they are included and re -ordained in whole or in part in
the Code of Ordinances; provided, this repeal shall not affect any offense
committed or penalty incurred or any right established prior to the effective
(late of this ordinance, nor shall this repeal affect the provisions of ordinances
levying taxes, appropriating money, annexing or detaching territory,
establishing franchises, or granting special rights to certain persons,
authorizing public improvements, authorizing the issuance of bonds or
borrowing of money, authorizing the purchase or sale of real or personal
property, granting or accepting easements, plat or dedication of land to public
use, vacating or setting the boundaries of streets or other public places; nor
shall this repeal affect any other ordinance of a temporary or special nature or
pertaining to subjects not contained in or covered by the Code of Ordinances.
Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient
publication of any ordinance included in it and not previously published in the
City's official newspaper. The Clerk of the City shall cause a substantial
quantity of the Code of Ordinances to be printed for general distribution to the
public at actual cost and shall furnish a copy of the Code of Ordinances to the
County Law Library or its designated depository. The official copy of this
Code of Ordinances shall marked and be kept in. the office of the City Clerk.
Section 5. The Code of Ordinances is declared to be prima facie evidence of the law of
the City and shall be received in evidence as provided by Minnesota Statutes
by the Courts of the State of Minnesota.
Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances
itself, shall take effect upon publication of this ordinance in the City's official
newspaper.
Adoption Date
This Ordinance No. 97-- was adopted on this — day of ---, 20—, by
a vote of — Ayes and — Nays.
Mayor Dean Johnston
Susan Hoyt
Administrator
This Ordinance No. 97--- was published on the — day of 2007.
CIA 0
E
FROM: Susan Hoyt, City Admin.*96
RE: Planning Director Positir ,
The planning director position for the city has been filled by Kyle Klatt following a series of
interviews for the position. Vice Chair Jennifer Pelletier was able to meet with Kyle during the
interview process. (Chair • was unavailable • to a prior • Kyle met with tht
entire staff r• with councilmembers during his five hour final interview.
Kyle is currently the planning director in Lake City, Minnesota where he oversees both the
o4anning and building departments. Prior to that Kyle was a planner in Red Wing, Minnesote,
Kyle grew up in Lake Elmo so he has a good perspective on the community's goals.
V
M�i�
I am writing to apply for the Planning Director position with the City of Lake Elmo. I beiiev
can offer a unique perspective on the planning issues affecting Lake Elmo as both a
professional planner and as a native to the City, with a family history in the community that
dates back nearly a century. Given the rapid changes that are occurring all around Lake
Elmo, the planning director will play a vital role in maintaining the quality of life for both
current and future residents. I would welcome the opportunity to help the community
achieve its vision and respond to these changes. I
I possess considerable knowledge of local planning and zoning issues, as demonstrated
over the course of my employment with both the City of Red Wing and Lake City. In my role
as a department head in Lake City I have been responsible for a wide range of activities,
including oversight of an 850 -acre Planned Unit Development, a major rewrite of the City's
Zoning regulations, and the preparation of updates to the City's Comprehensive Plan. In
addition, I have direct experience presenting information to various boards, commissions,
and the City Council which has allowed me to demonstrate my strong written and oral
communication skills both to the elected officials of the City and to the general public. I
have used several different GIS applications throughout my academic and employment
history, and was responsible for developing a property record database for the City of Red
Wing. These experiences have helped me develop the tools to be a successful municipal
planner.
I would be pleased to have the opportunity to discuss this position with you and hope that
you will give the enclosed resume favorable consideration. Thank you,
S" I
Kyle W. Klatt
HOMES MR11110M I
Education: HUMPHREY INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF
MINNESOTA, Minneapolis, MN. Master of Planning, November 2001.
Concentrations in Land Use Planning and Geographic Information
Systems. Coursework included techniques in community development,
quantitative analysis, strategic planning and housing policy.
GUSTAVUS ADOLPHUS COLLEGE, ST. PETER, MN. Bachelor of
Arts, May 1995. Graduated Cum Laude. Majors: Geography and
International Management.
Professional - Excellent communication skills and experience presenting and
*,Irofile: explaining information to city commissions, boards and the public
• Extensive knowledge of the planning and zoning issues impacting
small and medium size communities.
• Training and familiarity with GIS, database, and statistical analysis
software and other technology relevant to the planning field
• Masters program focusing on land use planning, policy analysis,
statistical analysis, and strategic planning and management
Related DIRECTOR OF PLANNING — CITY OF LAKE CITY. January 2002 to
Experience: present. Supervised a four -person department with a budget of
$330,000 in a growing community of 5,500 in southeastern Minnesota.
Hired as the first full-time planner and played a significant role in
establishing a professional plannin•`i M
for the City. Served as
the primary staff person providing oversight to an 850 -acre Planned
Development while managing a major update to the City's Zoning
Ordinance. Responsible for tracking and administering numerous
developers' agreements and other general City projects. Gained
experience working on annexation issues, historic preservation
activities, and environmental reviews.
conducting a Peer City Analysis and Report as part of the City's
Strategic Plan. Supervised a seasonal Planning Intern and
administrative staff on specific projects.
PLANNING INTERN - REGION NINE DEVELOPMENT COMMISSION,
Mankato, MN. January 1995. Initiated several short-term mapping and
surveying projects. Helped identify future land use trends in the Sibley
County area. Served in a regional planning office and gained
experience communicating with several different agencies and
departmental units.
*ther ACADEMIC ASSISTANT, DEPARTMENT OF GEOGRAPHY,
Experience: GUSTAVUS ADOLPHUS COLLEGE, St, Peter, MN. Fall 1994.
Selected to work under the supervision of the department chair. Served
as a student resource for department decisions, acted as an assistant
cM, rse instructor, and aided the development of departmental projects.
SHIFT LEADER, NELSON'S DAIRY STORE, Stillwater, MN. June
1990 to September 1994. Managed store and up to three employees
during evenings and weekends. Assisted with a reorganization and
transition to new management.
Professional Lake City Zoning Ordinance Major Update, January 2007
Projects:
Lake City Jewel Lower Terrace Area Plan, August 2007
Related Skills: Proficient using Microsoft Windows and Microsoft Word, Exce, ut oo
and Access. Experienced with Arclnfo and ArcView GIS software.
Knowledge of other software applications, including SPSS,
PermitWorks, Adobe Acrobat and various internet/www programs,
References: Available upon request.