HomeMy WebLinkAbout08-13-79 PZM(!itai take 'glum
P.O. Box J
Thirty-third and Laverne Avenue
Lake Elmo, Minnesota 55042
777-5510
NOTICE
The Planning Commission will hold a Special Meeting
Monday
August 20, 1979
at
7:30 P.M.
to discuss the final draft of the Zoning Ordinance
and the
Zoning Map.
Note: I would encourage all PZC and City Council
Members to attend.
Laurence E. Whittaker
CITY OF LAKE 7ELMO, SPECIAL NEIETING, PLANNING AND ZONING COMNLLSSION, AUGUST 20, 1979
Chairman Grace called the meeting to order. at 7:30 p.m.
ROLL CALL: Grace, Dreher, Merle, Lundquist, Crombie, Novak, Prince (9:15)
Council Members: Mottaz, Pott, Johnson and Armstrong also in attendance
Building Inspector K uegel and Administrator Whittaker.
The PZC reviewed the Zoning Map with present uses and SUP colored in. No SUP are
permitted in the new Ordinance except in the Ag Zone. The PZC
agreed upon the following zoning uses:
Bergmann's Greenhouse — Ag
Springhorn's Green Acres — Ag — Commercial Recreation
Lansing Stone — Ag with SUP — put in non —conforming use section.
This is a legal non+foonforming use.
Gun Range — Ag with SUP — Commercial Recreation
Lehman Mushroom — this property is not taxed for Industrial Use. It
will fall under the Ag zoning
Patti Home, Vali—Hi, and the small parcels in this section to remain
Commercial.
North Country Ski and DJ's Auto Body Shop — to he zoned for use.
Misty Motel, Cozy Cove Motel andMichaels — Highway Business
CrossRoads Ford and Brookman Motors — Highway Business
Areas in the Single Family (yellow area) that are not platted are
designated in white.
Prime Ag will be designated at the request of the landowner.
Clustered development — 7 per 40 — inparoel where there is no existing
home all 7 homen must be clustered together. All new subdivision
of land must come before the Council. If one (1) lot out of a 40
is sold it must be 10A, or if clustered development is desired
the area must be platted. A straw vote was taken to exclude wet
lands, steep slopes or public water from the developable area in
a 40 A parcel. The remainder would be the basis for cluster development.
The majority of the PZC were opposed to this.
Grace moved, Seconded by Novak, to set a Public Hearing for the
Zoning Ordinance and Zoning Map for September 5, 1979, at 7 p.m.
at Lake Elmo Elementary School. Motion carried 7-0. Letters
in response to the Zoning Ordinance and Zoning Map will be received
at the City Office until September. 7, 1979.
Residents who desire their land be placed in the Prime Agrigulture
Classification should petition the PZC and the City Connell, also
they can make the request at the public hearing and the area will
be designated on the map.
PUBLIC INQUIIRIE3: Nancy Prince had a request from Ed Stevens concerning the Pechan
request for a variance to sell a parcel off Keats and future 46th St.
He would prefer to have the road on future 45th. St. He is opposed
to what Mr. Pechan is requesting. The Engineer is going to report
on the request and how the driveway will be constructed.
ADJ
The Final Draft of the Zoning Ordinance will be ready Friday, August 24.
10:00 p.m.
7:30 P.M.
(git of `.take l to
P.O. Box J
Thirty-third and Laverne Avenue
Lake Elmo, Minnesota 55042
777-5510
AGENDA
PLANNING -ZONING COMMISSION
August 13, 1979
Meeting convenes
Roll Call
Approval of Minutes
7:45 P.M. -- HEARING --Tom Kaiser--9435 Brookview Rd.
Application for Subdivision (Large Lot)
Rezoning and Comprehensive Plan Amendment.
Sly 1/2 of the SE 1/4 of the NW 1/4 of
Section 32
Construct a diversified Light Industrial
building on the site.
8:30 P.M. HEARING --Valley Branch Watershed District
Special Use Permit to construct an
electric lift station on the shore of
Lake Jane to remove floodwaters by
overland pipe to City Park pond.
9:15 P.M. -- HEARING --Terry Hanlon--9322 Lake Jane Trail
Norm Sjoblogt--9302 Lake Jane Trail
2 Special Use Permits requesting permission
to add fill to each back yard --approximately
400 cubic yards. Fill to prevent flooding
and loss of trees in their back yards.
Zoning Map-- Schedule Hearing
CITY OP LAKE ELMO PLANNING AND ZONING COMMISSION, AUGUST 13, 1979
Chairman Grace called the meeting to order at 7:30 p.m.
ROLL CALL": Crombie, Lundquist, Merle, Novak, Prince, Miohels, Murphy (8:00)
MINUTES: Grace moved, seconded by Moriq to approve the minutes of July 9, 1979
as corrected. Motion carried 6-0,
Lundquist moved, seconded by Novak, to approve the minutes of July 16,
1979, as written. Motion oarried 6-0.
Prince moved, seconded by Lundquist, to approve the minutes of July
23, 1979, as corrected. Correction: vote on Keister SUP should read
4-1-1, Prince abstained, Murphy voted nay. Under Zoning Ordinance
minimum square footage for a two bedroom home will be 960 sq. ft.
Motion carried 4-0. Moris and Novak abstained.
TOM KAISER HEARING - APPLICATION FOR SUBDIVISIONT(LARGE Lcff), REZONING AND COMPREFTENSIVE
PLAN AMPIIDME VT.
The property is presently zoned SPU, Mr. Kaiser is requesting to
subdivide the parcel and rezone it to comply with the type of Light
Industry they are proposing. They are requesting to:be,exempt from
the moratorium so preliminary work can be started, eg, soil. borings,
pert tests, etc.
Run-off will be controled by pending with the use of wiers, pipes, etc.
for slow release. The building will be precast concrete. It is pro-
posed as an energy conservation type structure. Grace questioned
water usage, little will he needed for the manufacturing line. There
will be 150 to 200 people within the facility. A well on site will
provide the water. The building demension is 500 ft. 1 x 200 ft. w x
25 ft. high. Sky -lights are proposed over the mezzanine and shops.
The Highway Department will construct the road (lath Street extended).
This will be part of the frontage road system. Mr. Weston stated that
sewer was not critical to the project. They will hook up whenever the
City desires. They have the capability of interm facilities if neces-
sary.
Questions concerning the remainder of the property were raised. It
appears there will be 10 acres of the Laser property left with. no
access. An accurate legal description will he needed. Audience
remarks: Harvey Brockman - gnestioned the ponding - there is
natural drainage of the site to the east of the parking area and
enough land to create a pond. The Engineer will review the ponding
and storm water run-off.
Dorothy,.L,ina - questioned if there is some type of plan for this ares.
NSP has a p uposed line through this area.
JeanUpve c_, - qnestioned the use of the remainder of the property after
subdivision.
Bill Inndquist - questioned if thisnse is compat:ahle with future
development . Yes according to the Hi_ghway,Department.
Chairman Grace closed the hearing at 8:30 p.m.
Grace questioned further testing on -the fireproofing of the construction
materials. Mr. Weston indicated that tests are scheduled at Underwriters
Lab for fireproof ability. Before any action is taken by'the PZC
the following is to he completed: correct legal description, determination
of use and access to north portion of Fraser property, easement in-
formation from NSP, concept plan for sewer rough in, ponding locations•
and test results on fire standards.
CITY OF LAKE ELMO, PLANNING AND ZONING COMMISSION, AUGUST 13, 1979 -2-
VALLEY BRANCH WATERSHED DISTRICT HEARING: SUP TO CONSTRUCT AN ELECTRIC LIFT STATION
ON LAKE JANE -
`b e property the pump will sit on is owned by Carl Olinger.. This
parcel was chosen over the adjoining DNR parcel because of the time
involved obtaining the necessary easements from DNR. The pump is
a 30 h.p. electric, oonected to an 8" overland pipe. Audience:
Mr. Tschumperlin - questioned why this location was chosen? 1.
Because Olinger.'s desire it to the east side of their property
and 2, This location is closest to where they want to pump the
water. According to Mr. Tschumperlin this is not the moat direct
route. Mr. Tschumperlin also questioned if an EIS has been done.
This is required only if the City Council reqests one. Iie also
asked about the lift station and access. Only the cover or lid
will show above ground. Private access is used now for access. An
agreement has been re.ohed with Olinger for easment rights according
to Valley Branch.
Howard Michels asked if this was a permanent solutionto the flooding
problem? Don Moris is opposed to any permanent pumping into the City
Park. Valley Branch stated this is a 10 year solution. Moris opposes
locating the pumping area at different points in the park, This kills
different areas within the park. Once the easement with Olinger is
established Valley Branch will be using the same route each time it
pumps. hbris cannot approve such a request because it is a permanent
solution and is against pumping into Sunfish Park,
Jean Novak - questioned levels of Jane and City Park Pond, Pumping
is started when it appears Jane will reach 922 or higher. City Park
Pond will receive water until it reaches 903.0. A diesel pump may
be used. a back-up. No location has been determined for the diesel.
Mr, Tschumperllin - property owners across road - feels this site
location is further harrasament by the City Council, Valley Branch
and Carl Olinger. The pump could be set directly across from Olinger's;
the trees are dead where is is now and there is no need to move the
pump to another location.
Maynard Eder - Valley Branch approached Mr. Olinger and discussed
the constraints. Mr. Olinger responded to Valley Branch's request
they came to a mutual agreement. As this is a permanent easement
Mr, Olinger desired the looation to the east of his property.
Al Dornfeld - eventually the route fret the"Tri-Lakes will be toward
Eagle Point Pork. This will he by gravation flow with under gronnd
pipe. Until this project is iniated Valley Branch proposes to operate
with the present project.
Howard Michels - let thei+water seek its owh i1eve1. Atsone time, he
understands Lake-Jane-wal considerably higher. He does not believe
the City should he forced to reimburse residents for the money that
they have in their property. Is the City going to help every resident
who makes a mistake recover their loss? He is opposed to the whole
idea of pumping.
Maynard Eder - suggested residents attend Valley Branch meetings and
get background information. The question is not whether to pump or
not pump; hut, whether this request for a SUP is consistent with the
Shoreland Management Act. After the PZO recommendation the Council
will hold a meeting and make their decision on it.
Chairman Graoe..olosed the hearing at 9:23 p.m.
Nancy Prince requested the contractor make an effort to save as many
trees as possible when they cut the access in.
CITY OF' LAKE ELMO, PLANNING AND ZONING COMMISSION, AUGUST 13, 1979
VALLEY BRANCH CONTINUED: The question is not the pumping, but whether or not this
this disrupts the shoreland per the requirements defined in
the Shoreland Management and the Flood Plain Management Ordinances.
Jean Novak questioned the noise effect in the area. It will he much
less than what is being used. now. Phis pump will be essentially
buried, and the pipe will be just below the surface of the ground.
Valley Branch prefers i:o use access through the Olinger property,
but no fixed access has been determined,
Lindquist moved, seconded by Grace to approve the Special Use Permit
under Section 303.080 of the Shoreland Management Act and. a
Conditional Use Permit under. Section 304, of the Flood Plain
Management Ordinance for the Valley Branch Watershed District.
Discussion: Moris feels the PZC has had no time to consider this
request..: Novak would like to know what effect this project will
have on other property in the area and conditions listed to reassure
no further trees will be killed and pumping will stop when City Park
Pond reaches 903. The Valley Branch Engineer stated that when City
:Park Pond reaches 903 the water will be diverted antil the water goes
down, then pumping will begin again into the pond. Novak would also
like to not see this a permanent solution for 10 years and would
perfer the Eagle Point Project, and would like the motion to reflect
this. Al Dornfeld stated the Eagle Point Project is cost prohibitive
to solve the immediate problem. This is a long range plan, Crombie
is opposed to the entire project stating in 1951 there was flooding
on the lakes and in 1955 they -were dry. This is when the Tri-Lakes
Association was formed and a well drilled to pump water into the
Lakes, He feels this could happen again and it is up to the reside-rts
not the City to solve their problems. Motion failed 2-5 Prince ab-
staining, Opposed, Novak, Moris, Crombie, Michels and Murphy.
TERRY HANLON - NORM SJOBLOM - HEARIN'G - 2 SPECIAL USE PERMITS TO ADD FILL TO BACK
YARDS - APPROXIMATELY 400 CU. YD. EACH. TO PREVENT FLOODING AND LOSS
OP TREES.
Mr. Hanlon and Mr.. Sjoblom were not present. There was no public
objection. The PZC felt it had no alternative but to deny these
requests as they do not meet the ordinances. It appeared the fill
would be placed below the normal high water mark. Fill cannot he
placed from the 924 elevation to the lake as proposed, or below the
water. Paragraph 303,080, Grading end Filling - Flood Plain Ordinance,
ZONING MAP:
The PZC recommends all the GRU areas be designated. Rural Residential,
7 homes per 40 acres clustered, unless the landowner requests the
Prime Ag Zoning of 1 per 40.
The existing Commercial along Highway 12 to be zoned for their use.
No more will be designated on the map until 1990 with the exception
of Section 32
Conditional Use Permits are allowed only in Ag areas.
The remainder of the City will be zoned for its present use.
Lehmann Mushroom to be put in the Ag Zone, The Administrator will
verify if the land is being taxes as Ag or Industrial,
Regan Bus Storage and Valley --Ili - will have to fall under GB under
new Ordinance„ PZC will consider this at next meeting,
Hammes. Mining - agreeable under Ag
Gun Club - SUP in Ag area.
PLANNING AND ZONING COMMISSION, AUGUST 13, 1979
-4-
ZONING NAP:
Green Acres — Ag zoning
Tartan Park — Public
E & Ii Earthmovers — Rural Residential in GRU catagory
Finneman, Washington 37 — R-1 — should stay as it is,
Cimarron GB area — This zoning will go the first request. Finneman
and Washington 37 have also requested a GB area. Cimarron goes to Mobile Home
Olinger. — Rural Residential
Lausing Stone — stay in Ag under SUP.
Bergman — Ag
Animal Inn — Ag if remains in Ag zoning
Kearns — Highway- Business
Brookman Addition — Light Industry except Car. Dealership — Highway Business
Holiday Property — Ag
Old Village — to be discussed — probably current use.
Pierre's Pier — legal non —conforming use — leave as is
Town Houses on 30th Street — R•-1
Novak moved, seconded by Murphy to hold a Special Meeting, Monday,
August 20, 1979, at 7:30 p.m. Motion carried 8-0
ADJOURNMENT: "11:00 p.m.
Qtitg of 71.xhe 7iftinti
P.O. Box J
Thirty-third and Laverne Avenue
Lake Elmo, Minnesota 55042
777-5510
To Planning -Zoning Commission Members:
The Planning Commission will not meet on
Monday, August 27th, 1979 .
Please note the public hearing on September 5,
1979 at 7:00 p.m., in the Lake Elmo Elementary
School to consider the proposed Comprehensive
Amendment to the Zoning Ordi Lance and Zoning
District Map completely revising the text of
the Zoning Ordinance and substantially changing
the boundaries on the Zoning District Map in
the entire City of Lake Elmo.
044.4ei
o3dn ct,
,;(57‘5/.7nic577z ;T4,4e°‘..„,
/oa7., M. 44
3/3 c /ram c-c_. sr-
- - 7 f dcziel ode-at-c_oc
c7c4 e it H L i ‘nCCD
e:kor)9
27/24froA. e. gez,„/
FM' !G .
/a ? ...
/ fr- -
KE
4Sba gi QC, IV( Te4tL �Ac
MA 4 oak, r4 e yt Av• W - Sari U.V TE4
7'77 IV re-ofierf li, & 3