HomeMy WebLinkAbout03-12-84 PZMLAKE ELMO PLANNING COMMISSION MINUTES
MARCH 12, 1984
The meeting was called
the council chambers.
(Lyall - arrived 7:20,)
2. Minutes: February
to order
Present:
Michels
13, 1984
by Chairperson Prince at 7:00 p.m. in
Nazarian, Dreher, Schiltz, Lundquist,
thst. tor
M/S/P Michels/Dreher - to approve the Minutes of the February 13,
1984 Planning Commission as amended: Minutes should indicate that
only Moe arrived at 7:40 p.m. (Motion carried 5-0-1 <Schiltz>)
3. Introduction of new Planning Commission member John Schiltz; and
update on City Council plan for appointment of second alternate
Planning Commission Member.
Klaers advised the commission that the City Council has deferred
selection of the second alternate to the Planning Commission until the
five applicants have appeared before the Council for an interview.
This interview process will be on a future Council agenda (Late April
or early May).
4. Discussion: 1-1/2a`ere lot size requirement in Business Zones.
Points to be discussed: (1) size
(2) testrictions
(3) what business zones are effected
(4) use change approval
Prince: - The County requires 10,000 square feet for a septic system.
This does not include a parking area or the building.
Lundquist: - When Indian Hills (in Grant Township) was platted, the
lots were smaller than what was allowed in Grant Township; and on
every lot they had to locate exactly where the drainfield was. In the
original plat, some of the lots didn't have a suitable site for a
drainfield. You would think that a 1-1/2 acre lot would surely have a
place you could put a drainfield, but some of them didn't. They had
to rearrange their plat and do all kinds of test holes to prove that
each lot was a buildable lot before the plat was approved.
Lundquist presented a sketch he made to show the effects of setbacks.
Lundquist: - If you put any kind of a building on a lot with a 150
foot minimum width, it turns out that the lot has to be about 1/2 acre
or it can't be done at all. Even with that 1/2 acre lot, the only
place to put the drainfield, to comply with the setbacks, is either in
the back or a corresponding area in the front. You still have to
figure out where to put your parking. (A drainfield cannot be put
under a parking lot).
Prince: - I think it is important to hold on to our requirement for an
alternate site for a drainfield.
LAKE ELMO PLANNING COMMISSION MINUTES PAGE 2
Discussion on what business zones will be covered by this discussion;
existing or planned.
Michels: - Do we know the size of the core City lots (Meyer Hardware,
Twinpoint, etc.) and what kind of problems they have today with
sewage? Would that give a background as to what the soils can take?
Prince: - We are talking about whether or not we want to downsize a
lot. If those lots are already built upon, do we have to discuss that
at all?
Michels: - If they are experiencing problems with sewage disposal, it
would influence my viewpoint.
Dreher: - It relates to your perculation tests. How much water you
will use. If we are talking about existing lots, wouldn't that carry
over to new platted lots?
Prince: - If we talk about the existing zone, it includes everything.
For right now, lets talk about the lots in the exiting business zone.Ei�it
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The ordinance should include the following requirements: egr`
- traditional septic system
- room for two drainfield sites
- meeting setback requirements (already
- lot served by city water
in the code)
- annual inspections of the septic system
- at the time of preliminary plat approval, we would require
pert test results; exact location and size of drainfield;
location and size of the proposed building; location and size
of a parking lot; intended use of the building; amount of
sewage produced.
- if commercial use of the property is changed,it would have
to have approval by the City Council in regards to possible
use change of the septic system.
Lundquist: -• There can be no variance to the requirement of two
drainfield sites. Every drainfield will ultimately fail. There is no
option.
Klaers stated that the lots in the downtown area are generally 150'
deep and range from 75' to 50' frontage.
Dreher: - annual inspections will be an added expense. I don't know
if I agree with it.
Prince asked Klaers to research how annual inspections of septic
systems in other communities are handled. Find out: who is doing the
inspections, what they are doing, and how much it costs.
LAKE ELMO PLANNING COMMISSION MINUTES PAGE 3
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Lyall: - This ordinance would apply not only to new construction, but
any existing construction; the exception being that which is there is
grandfathered in until it makes a change.
Klaers: - If a building burned down, it would be hard to tell that
individual that you cannot do anything with your land now. They would
sue the City if we told them that.
Lundquist: - We've done it. Out by 13th and Stillwater Avenue, there
was a business there that was abandoned for a year. When they asked
to reopen the business, they were denied.
Lot Size discussion: The City will consider a smaller size lot (less
than 1-1/2 acres) on the merits of the application only if the
previously mentioned seven requirements are met; and provided that
the lot is no less than 3/4 acre.
Lyall: - Whatever you restrict the business to, how do you find we can
make an exception for a business over a residence, particularly when
the residence doesn't need parking facilities.
Prince: - If we want to attract some business to this City, we are
going to have to allow for smaller lot size so people can afford to
build their businesses. That, as a result, would increase the tax base
making it possible for people to have their 1-1/2 acre lots.
Michels: We have made a lot of progress, but are we addressing the
right things? I look at the businesses that we have in Lake Elmo and
if they have sewage problems, they are not going to go away. Since
they are not going to go away, are we going to address those problems
some day. Should we look at a treatment plant for the City? Are we
making these existing problems worse by adding as much density as
possible? The real problem is the people that are here and that are
having problems.
Prince: - Some of the suggested long term solutions for large areas in
the City that have problems, (because of being too dense, or having
poor soils) as pointed out in the 201 study was the possibility of
joint drainfields. Also to continue to allow people to have their own
septic system, but to pump to joint drainfields, or to have a small
treatment plant. One of the problems with a small treatment plan is
that the PCA requirements now are so restrictive.
Dreher: - At what point will the PCA limit the sewage coming from Lake
Elmo?
Schiltz - Concurrs with Michels - we shouldaddress the problems that
we have now.
Prince: - The 201 Study is supposedly addressing the worst areas of
town, and hopefully, will come up with solutions. One of the
solutions to problem areas is joint drainfields for commercial and
residential property that is unable to have a drainfield on site.
LAKE ELMO PLANNING COMMISSION MINUTES PAGE 4
Lyall: - We are certainly in a dilemma. A sewer system would
eliminate the problems, but if people do not want it, and it's not
coming, and nobody is willing to pay for it, what allowance can we
make for the people that will go along with the restrictions that we
have. It's not the best solution, but what alternative do we have if
people do not want sewer.
Klaers: - How should we address the issue of the small lots in the
village area. If an existing building in the village area, for some
reason became a total loss, should the property owner be allowed to
rebuild?
Ep
Michels: - In the case of an established business being destroyed, I 00'4'
would have a real problem telling them they could not rebuild. /II5
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Klaers: - If we did allow a business to rebuild, could .be -allow them
to use a holding tank if that is what they used before?
Lyall: - I think there would be a very strong case in the businesses
favor.
Dorothy Lyons stated that she felt a holding tank is probably better
than a failing traditional septic system.
5. I-94 Discussion
Prince suggested points to be discussed regarding this concept plan.
- wait for the racetrack decision
- remember the property owners want the plan
to say commercial all the way across
- 1/8 or 1/4 mile commercial zone setback
- do we want signs along the highway
(in a business zone)
- residential versus commercial along this corridor
- is RR zone used as a holding zone
- do we want a 4--1/2 mile commercial strip
unsewered commercial development
- how to write the map (general business or highway)
- what to do with the east side of County Road 19
- special highway planning zone
- specific performance standards for commercial
development or use what we have already
- put a minimum dollar requirement on development
I-94 Concept Plan to be put back on the agenda in April.
6. Other
A. Discussion on getting the packets out sooner so the
commissioner's have more time for review.
B. Michels questioned the action that has been taken on 50th
Street. Klaers explained the reason for trading these road
designations to the Commission.
The Planning Commission is an advisory body to the City
Council. One of the Commission's functions is to hold public hearings
and make recommendations to the City Council. The City Council makes
all final decisions on these matters.
Lake Elmo Ordinances require that certain documents and
information be included in applications. The Planning Commission may
postpone consideration of an application that is incomplete and may
for other reasons postpone final action on an application.
For each item, the Commission will receive reports prepared by
the City Staff, open the hearing to the public, and discuss and act on
the application. If you are aware of information that hasn't been
discussed, please fill out a "Request to Appear Before the Planning
Commission" slip; or, if you came late, raise your hand to be
recognized. Comments that are pertinent are appreciated.
AGENDA
LAKE ELMO PLANNING COMMISSION
MARCH 12, 1984
7:00 p.m. 1. Meeting Convenes
2. Minutes: February 13, 1984
3. Introduction of new Planning Commission
Member, John Schiltz; and update on City
Council plan for appointment of second
alternate Planning Commission member.
7:25 p.m. 4. Discussion: 1-1/2 acre lot size requirement
in Business Zones.
8:15 p.m.
5. Discussion: I-94 Development Concept Plan.
CITY Of
LAKE
ELMO
177
MARCH 8, 1984
City of Lake Elmo
777-5510
3880 Laverne Avenue North / Lake Elmo, Minnesota 55042
TO: PLANNING COMMISSION MEMBERS
FROM: PAT KLAERS, CITY ADMINISTRATOR
RE: AGENDA MEMO FOR 3-12-84 PLANNING COMMISSION MEETING
It has been a month since the last Planning Commission meeting, but
somewhat suprisingly , the City has not received any new applications
on requests which would go before the Planning Commission. (There is
at least one simple lot subdivision in the works that should make it
to the next Placcing Commission meeting on 3-26-84). With this lack
of applications, I felt this meeting would be a good time to start on
the Planning Commission's 1984 Work Plan. Therefore, this agenda has
basically two items from the Work Plan.... the 1-1/2 acre lot size
discussion; and the i-94 Concept Plan. Both of these issues have been
discussed in the past so these are not new topics. I believe that
with some more discussion on these issues (and the selection of the
racetrack site) the Planning Commission will be close to making a
recommendation to the City Council on these issues.
MINUTES: Attached are the minutes for your consideration from the
February 13, 1984 Planning Commission meeting.
NEW PLANNING COMMISSION MEMBER, JOHN SCHILTZ; AND UPDATE ON REMAINING
PLANNING COMMISSION APPOINTMENT At the 3-6-84 City Council meeting,
John Schiitz was appointed as the first alternate to the Planning
Commission. John is the new owner and manager of the Lake Elmo Inn
and lives in the downtown area.
Attached for your information is John's application that he submitted
to the Council. The Planning Commission had requested new members
from the core village area, and this also was the City Council's
desire. Therefore, John was appointed without an interview before the
Council as he lives in the core village area and the Council was
familiar with him.
At the 3-6-84 meeting the Council did not make the appointment to the
second alternate Planning Commission position. There are five
.remaining applications on file and none are from the core village
area. One Council member is going to miss the next (4-3.84) Council
meeting, so the City Council is requesting that all five of these
applicants appear before the Council at its 4-17-84 meeting for
interviews. 1 am not sure if the Council will make this appointment
at this meeting or defer it to the first meeting in May.
The remaining five applicants are: Lou Anne Mehsikomer (who applied
last year); Rosemary Armstrong; Carol Kuettner; Lee Rossow; and
Dorothy Lyons.
PLANNING COMMISSION AGENDA MEMO PAGE 2
4. Discussion: 1-1/2 acre lot size requirement in Business Zones
As you know, this is a well discussed topic. Attached, for your
information, are sections from the 1-23-84 Planning Commission minutes
and agenda memo; sections from the 1-9-84 Planning Commission minutes
and agenda memo; minutes from 1983 discussion of this topic; and a
December, 1983 Met. Council report on estimating sewage flow. Also,
please review the 2-13-84 minutes as this topic was discussed at this
meeting.
At this last Planning Commission meeting (2-13-84) I was requested to
contact the City Attorney in order to determine if the City can
control business changes in an existing building. No memo was passed
between the attorney and myself, but he indicated it should be legal
to require City Council approval for changes in business uses because
of our unusual situation where no city sewer is provided.
I have sat in on the last few discussion on this topic, but was not
present for the 1983 discussions. I appreciate all the viewpoints
that have been provided and I have somewhat developed a position on
this issue.
My position is:
-- There should be no changes in the Code for business
development along the I•-94 corridor or in Section 32 unless these
businesses have municipal sewer. If they are sewered, then the lot
size minimum should be reduced to 3/4 acre. This size should provide
adequate parking.
-- The Council should allow less than the 1-1/2 requirement in
the core village area where municipal water is available. This is
because no well water will be contaminated because of septic system
drainfields as these businesses will be hooked -up to the municipal
water system. However, these business in the core village area must
prove that the site will be able to handle sewage disposal in some
method. This proof must meet with the City Engineer's approval and
must have annual inspections.
- - If these buildings change business uses, they should be
required to obtain City Council approval.
- - There is a distinction between existing business
development in the core village area that has municipal water and
future business development in the core village area that could obtain
municipal water. These areas will be easier to describe at the
council table with the aid of a map, but I will try to describe what I
feel is the distiction here.
All of the areas in the general business zone north of County Road 5;
the business area around the White Hat; and around the Hagberg store
should be allowed to develop at 3/4 acre size. Again, this is
contingent upon the septic system approval.
The remaining area of the core village, around County Road 17, is
developed and unlikely to change in lot size. However, if a new
business is presented in this area (such as a house converting into a
business, or an existing business burning and wanting to rebuild, or a
building changes business use) then once again Council approval and
engineering review of the septic system must be obtained.
PLANNING COMMISSION AGENDA MEMO PAGE 3
I am looking forward to this discussion at the Planning Commission
meeting as I feel we are getting close to making some type of
recommendation to the City Council. Nothing has to be finalized at
this meeting, but a healthy discussion would go a long way in
determining our final recommendation.
I-94 Concept Plan
Attached are the minutes and some memos from June thru December, 1983,
that deal with this I-94 concept plan. As you can tell, the Planning
Commission has dealt with this item for a long time and has held three
public hearings on this issue. We have certainly given the public
adequate opportunity to speak on this issue, and the Planning
Commission can recommend any plan that was discussed at any one of
these three public hearings.
The current concept plan for the 1-94 corridor, as shown in the Comp.
Plan, calls for Highway Commercial Development in a 1/4 to 1/8 mile
strip; and the western part of this corridor is labeled for Post 1990
development. The current zoning for this area corresponds to the
existing land uses. Most of the area is RR with some spot business
zoning along the corridor.
A major factor in our revised concept plan for this corridor will be
if Woodbury is successful in obtaining the ractrack site. My position
on this I-94 corridor is to do nothing at this point (leaving the
concept plan as commercial) until after the racetrack site is
determined.
If the racetrack is not located in Woodbury, I recommend that we
follow the three point plan Larry Whittaker discusses in his 11-22-83
memo which relates to the public hearing held on 10-24-83. This plan
will definitely help us control development and insure quality
development when it takes place.
If the racetrack is located in Woodbury, I believe we must take a
closer look at the commercial concept along I-94. With the racetrack,
this should definitely be commercial and we should strongly attempt to
obtain sewer all along the I-94 corridor. Some of the development can
still be labeled Post 1990, but we can certainly move ahead of this
date if an application is received for commercial activity.
We will certainly review each application on its merits and the
applicant must have the responsibility of proving they can provide
adequate sewer for the facility. We could set a minimum dollar amount
on each commeercial activity in order to insure quality development
would take place along I-94. This dollar amount restriction is a
common tool used in many communities.
Presently, we cannot stop any applicant from applying for commercial
activity along I-94. We will review all applications on the merits of
the proposal. This current concept of commercial activity all along
I-94 is only a concept. The zoning is still in force along this area
and any commercial activity would require rezoning review.
|
MEMD
March 8, 1984
TO: PLANNING COMMISSION MEMBERS
FROM: PATRICK D" KLAERS, CITY ADMINISTRATOR
SUBJECT: INFORMATIONAL MATERIAL FOR PLANNING COMMISSION
Since we have not met for about a month, I felt I should
advise you of some City Council and general City activities
that have recently taken place.,
1^ Attached are the two most recent City NqUplettqrs dated
2/14/84 and 2/28/84" These two newsletters should
provide you with some information on recent City
Council actions.
2" On 2/T7/84 there was a yglgaygE FiEg Dogprtment
AWO[O[lpaj Mggting held in the Council Chambers" One
Planning Commission member, Scotty Lyall, attended this
meeting and he may want to briefly discuss this meeting
at our March 12 Planning Commission meeting.
Basically the group consisted of a few members of local
organizations and some firemen making presentations"
Attached for your information is the Fire Department's
198s Annual Report, This report was discussed at this
informational meeting. The main topic of this meeting
was how to make the public more aware and supportive of
the fire department in Lake Elmo" A number of items
were discussed such as more publicity in the City
Newsletter, future public meetings and fire department
public services such as sponsoring a blood pressure
clinic. I am sure that this was just the first of a
series of meetings on this issue"
Informational Memo Page 4
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I" The City Council had a presentation made at its
2/21/84 meeting regarding the Rggional park Ent[gagg^
They were presented with two plans for this entrance"
One plan cal] for direct entrance from an extension of
County Road 19 and the other plan calls for an entrance
that starts obout 700 feet west of the intersection of
10th Street N. and future County Road 19" This western
entrance would be going around the Smith property and
is the most desired route by Washington County as they
would have complete access control but they would be
forced to purchase an additional 78 acres for the
Regional Park" The Council balked at any proposal to
purchase additional land for this park and strongly
encouraged Washington County to try to place the actual
check point entrance inside the Regional Park.
Therefore, the Council desired a completely different
plan than the two that were presented,
J. The Council has reviewed two pieces of information
from Mr. Milt Klgb[l regarding his plan for a brood mare
farm in Lake Elmo. The Council has approved this
concept and did not have any problems with the location
presented in the March 6 letter from Mr. Klohn.
Eventually a variance will be needed for this plan and
applications will he processed through the Planning
Commission to the Council" Attached is a section of
the Code dealing with livestock, a letter to the
Council in January from Mr" Klohn explaining his plan,
my letter to Mr. Klohn explaining the Council`s
position and a March 6 letter from Mr" Klohn, with a
map attached, further explaining the plan and location.