HomeMy WebLinkAbout09-24-84 PZMLAKE ELMO PLANNING COMMISSION MINUTE
SEPTEMBER 24, 1984
APPROVED
The meeting was called to order by Chairwoman Prince at 7:30 p.m. in
the Council Chambers. Present: Dreher (arrived 7:35), Gifford,
Graves, Kuettner, Lundquist, Moe (arrived 7:45), Nazarian,
Administrator Klaers.
1. Minutes: August 27, 1984
M/S/P Graves/Gifford - To approve the minutes of the August 27, 1984
Planning Commission meeting subject to spelling and grammatical
corrections. (Motion carried. 5-0-1 <Nazarian>).
M/S/P Graves/Nazarian - To approve the minutes of the September 10,
1984 Planning Commission meeting as presented. (Motion carried 7-0).
2. David Nelson - Continuation of Public Hearing for the Preliminary
Plat Approval for Nelson Estates.
The Chairwoman reopened the public hearing at 7:37 p.m. in the Council
chambers.
Mr. Nelson stated that he now has 75 feet of road frontage on North
loth Street; Lots 1 and 5 are now 1-1/2 acres; and the cul-de-sac has
been redesigned to come down 4 feet so it is the same height as the
existing road. He further stated that because Lot 1 has at least one
acre of land exclusive of drainage easements and is suitable for
drainfield purposes except that the drainage easement severs the
northerly 80 feet from the rest of the lot, he may ask for a variance
from the one acre rule; and may ask for a variance to leave the
existing garage on Lot 5.
The Commission discussed Mr. Nelson proposal to keep the existing
garage on Lot 5. Mr. Nelson stated he would like to keep it as it is
an asset to the property and sees no reason to destroy something that
has value. The size of the garage is 60' x 40'.
The Administrator stated that the Engineer has just received the
drainage calculations and has not had time to do the computations, so
he could not update the Commission on the drainage requirements.
Mr. Nelson stated that his Engineer feels that with more grass there
will be less run-off.
Dreher asked if there has been any thought of connecting roads with
the adjacent property owner should the adjacent property every be
developed.
Nelson stated that he has approached that property owner with a
proposal to develop that property along with his own, but the property
owner is not interested in developing her property at this time.
The public hearing was closed at 7:57 p.m.
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 2
M/S/P Gifford/Graves - To recommend to the City Council approval of
the Nelson Estates Preliminary Plat contingent upon the applicant
meeting the conditions set forth by the City Engineer and/or VBWD
concerning drainage, and the granting of variances by the City
Council. (Motion carried 8-0).
3. Gene Peltier - Public Hearing - Large Lot Subdivision and
Rezoning for 13 acres from RR to Industrial.
Pursuant to published notice, this public hearing was opened at 8:05
p.m. in the Council chambers.
Mr. Peltier introduced the proposed developers of the warehouse/truck
terminal/office complex - James Kelley and Bill Turcotte.
Mr. Peltier explained his intention is to rezone 1/4 of a mile back
from the I-94 corridor; approximately 13 acres in Sections 34 and 35,
between County Roads 17 and 19.
Mr. Kelly presented a site plan, and in response to a question from
the Commission as to where he would locate the building, he stated
that it would be located wherever the City Engineer tells them it has
to be (somewhere on the 8 acre piece). They are also purchasing 5
acres (behind the Rockin L) for use at a later date. Mr. Kelly
further stated that there has been some confusion on the required
setback requirements. He was told first that there was a 35 foot
setback (on the west side of the property which could conceivably be
waived), and on the east side of the property, since it will be
commercial anyway, there would be no setback requirement. The second
time he talked with the City Engineer he was told that there is a
required 100 foot setback from the residential property lines.
Prince asked Mr. Kelley if he had asked for a copy of the City Code so
he knows what he is going to be working with.
Mr. Kelly responded that he has spoke with the City Engineer on the
phone and offered to come to his office and have him clarify his
definition of the requirements relative to setbacks, drainage ponding
and septic drainfields. The Engineer declined stating he could not
help them draw their plans.
Discussion followed on the proposed location of the building. The
proposed site of the building would not allow for a 100 foot sideyard
setback. To place the building where it could meet the 100 foot
sideyard setback would not be feasible as there would be a great deal
of land that would be unused.
It was clarified by Mr. Kelley that he proposes to buy a total of 13
acres, but at this point will only be using 8 acres and buying the
additional 5 acres as a cushion, should they ever desire to expand.
The 5 acres that they are buying which will not be used right away,
will be landlocked and would not be salable to anyone without access
thru the area where the truck terminal is located.
Mr. Kelly suggested that the only reasonable course of action at this
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 3
time would be that if this rezoning is recommended for approval, it is
approved with the understanding that either the 100 foot setback is
waived as the adjacent land is not intended to remain residential, or
the City Council give a variance for construction.
Graves feels that is a reasonable request because the intent is to
have the entire area commercial.
The Administrator stated that Mr.
such time as an application would
rest of the land, he would sign a
into residential he (Mr. Peltier)
as a buffer zone.
Peltier has indicated that until
be submitted for the rezoning of the
statement saying if it is developed
would provide the 100 foot setback
Kuettner stated that we should make it very clear that residential use
would be a very inappropriate use of this land. We should go on
record as saying don't even talk about building houses there.
Mr. Peltier stated if it was required that he sign an agreement to
give Mr. Kelley the 100 foot setback on the western edge of the
property, he would do so.
The Administrator
when applying for
any other special
a concept plan.
stated that
a rezoning,
information
there actually is very little required
but the Planning Commission can require
that they desire, and they wanted to see
Graves suggested that if a motion is made to approve this application,
it is made with the stipulation that this land will revert back to its
present zoning if for some reason the present proposal does not go
thru.
Bruce Folz stated that cannot be done. Rezoning is relative to the
land and you have to address the land. They could change their
proposal tomorrow and if it fits the Comp Plan land use and the zoning
land use, you have to address that issue.
The Administrator stated he discussed this with the City Attorney and
he stated that it is a reasonable condition to set.
Folz stated the purpose of zoning and the reason you have catagories
in the zoning districts is to identify land uses that are compatable
with other land uses. It is unreasonable to make someone commit to a
certain definite committment for a zoning issue because plans can be
altered. If the development plan doesn't fit the drainage patterns
etc., that is something else, but in a zoning issue you are dealing
with land use.
The Administrator stated that the Commission is aware that should this
business fail somewhere down the line, a change could be made to any
use that is permitted in the zone. On the other hand, the Planning
Commission and City Council have never rezoned anything unless they
had a clear concept of what was planned for the land.
Mr. Kelley stated that the biggest question right now with his
negotiations with Mr. Peltier is on the rezoning of this land. He is
in the preliminary stages of executing a sales agreement. He expects
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 4
it to happen, but cannot sit and guarantee that he will successfully
get thru everything and construct a building.
Folz suggested Mr. Peltier rezone the easterly 100 feet of the
adjacent property to Commercial which would eliminate potential
residential development and would also eliminate the need for a
variance for the 100 foot sideyard setback.
There was a brief discussion on the proposed large lot subdivision and
from what parcels Mr. Peltier devised the 13 acre site.
Gifford stated she would like to go on record as suggesting to Mr.
Peltier that if he intends to eventually go commercial or industrial
all the way back to his property line, she feels it would a good faith
move to find another spot for the house that is now there. She feels
the house does not blend and looks like spot zoning.
Mr. Peltier stated that house took an entire year to complete and
there is no way that he would move it.
There were no citizens or adjacent property owners present to offer
comments for or against this proposal.
The public hearing was closed at 8:40 p.m.
Kuettner/Graves - To recommended approval to the City Council for a
large lot subdivision and a rezoning from RR to Industrial for Gene
Peltier in Sections 34 and 35 between County Roads 17 and 19. (Motion
carried 7-1 <Lundquist>).
The Administrator stated that everyone should be aware that this is
one process and the site plan review and building plan review is a
different process.
Kuettner would like it to go on record that since the entire strip is
planned for commercial development, the Planning Commission questions
the need for a 100 foot setback next to the land that is now zoned
Residential.
Gifford asked if we go back 1/4 of a mile rather than 1/8 of a mile
for commercial development, will the Met Council want to review our
proposal?
Klaers stated that they wouldn't because it does not have Metropolitan
significance.
4. Leonard Hanson - Public Hearing - Rezoning of approximately
8 acres from AG to GB.
Pursuant to published notice, this public hearing was opened at 8:45
p.m. in the Council chambers.
Mr. Hanson stated his reason for wanting to rezone this property is
because he would like to put up a building so he can take on a Ford
tractor dealership. This building would house a service department
for this dealership and would also include a showroom in the
downstairs area.. Mr. Hanson provided several brochures on different
C
l
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 5
buildings that he is looking at for this expansion. The size of the
proposed building would be about 40'x60'. His proposal is to expand
this building in the future by adding a showroom on to the front of
the building. Mr. Hanson further stated that he will continue to live
at this site and will continue to keep his llamas.
Mr. Hanson stated that he had about 8.9 acres of land, but the highway
took approximately 1 acre and is approximately 7.9 acres left, and he
does have access onto the frontage road.
Gifford stated her main conern from a planning standpoint is that the
Planning Commission just recommended approval of Mr. Peltier's request
for rezoning to Industrial and now we have this request to rezone this
7.9 acres to General Business. We have no idea what is going to
happen to the east (Mr. Peltier's remaining 22 acres), or what is
going to happen to the west. Do we forsee a mess? There has to be
some sort of continuity here and this proposal just does not seem to
flow.
Prince stated that we should keep in mind that the Commission has
talked about the fact that we need to do something about the small
businessman in Lake Elmo that is trying to establish a rural type
business. It seems that this is what the Hanson's are trying to do.
We have to do some good planning on our part, and yet we should try to
assist them to keep their business underway and expand if they wish
to.
Gifford agrees with Prince. However, from a long range planning
point, which this would be, we cannot look at it this way. Gifford
quoted a statistic which showed that 95% of all small businesses in
the United States do not make it to ten years. Are we going to have
the type of zoning where it is Industrial Park - then a little corner
for General Business - then Commercial - then what?
Prince stated that some the problem might be with our zoning code; of
having to go thru the code and pick out what fits under this catagory
and what fits under that catagory.
The Administrator stated that from a planning perspective, the two
proposals we have in front of us this evening might not be the best
way to do it (Industrial adjacent to General Business); but it has
been acknowledged by this Commission that this area is going to go
into some type of Commercial or mixed Commercial/Industrial type of
use.
Graves stated that most of the businesses that will be located along
this corridor will be Highway Business or General Business rather than
Industrial. Industrial will probably be the exception (hopefully).
Prince stated that Section 32 has planned for our Industrial growth,
and that is where it should be on the most part.
Mr. Hanson stated that he lives in the existing house and there are
also two apartments that are occupied. They have 10 llamas on the
property and sell the wool.
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 6
Kuettner stated that she feels the proposal is appropriate for the
area.
Prince feels the proposal is more appropriate that what the area is
zoned now (AG).
Graves stated his concern if for anyone that would move adjacent to
this business with another type of business and finds animals
objectionable and not consistant with the current zoning requirements.
Gifford stated she did not think it is right to have animals in the
General Business zone.
The Commission discussed the Code which states that no domestic
animals, livestock or kennels shall be placed on any site of less than
ten acres.
The Administrator stated the City aware of that requirement when
they grandfathered them in a few years ago. If the Planning
Commission recommends approval of this rezoning, the Council may have
to approve a variance to allow the Hanson's to keep animals at this
site.
Gifford does not want to go on record as opposing animals, but is
looking at this proposal as a long range plan. The animals may not be
acceptable to other businesses that could possibly go in next door.
Mr. Hanson stated he was reluctant to expand his CUP because if the
area around him did develop, and his business did not fit in with this
development, he could conceivably lose his CUP which in turn could
cause him to lose his investment.
Moe suggested that the Hanson's classify their business as a Pet Store
as Mrs. Hanson does raise the llamas not only for the sale of their
wool, but also sells them as pets and Pet Stores are allowed in the
General Business zone.
Nazarian suggested that the application be tabled to give Mr. and Mrs.
Hanson an opportunity to investigate the possibility of expanding
their CUP.
Kuettner stated that she has the impression that the Council would
like to get away from the OUP's. They do not want to grant any new
ones, and this proposal would be a way out of one that now exists.
There were no property owners present at this public hearing
expressing concerns for or against this proposal.
The public hearing was closed at 9:25 p.m.
M/S/ Graves/Moe - To recommend to the City Council approval of the
application from Leonard Hanson for rezoning his approximate 8 acres
from AG to GB. (Motion failed 4-4 <Lundquist, Dreher, Nazarian,
Gifford>)
Gifford is not in favor of this rezoning because of her uncertainty
LAKE ELMO PLANNING COMMISSION MINUTES 9-24-84 PAGE 7
in the compatability of the Industrial and General zones, and in not
knowing what is going to be to the east or west of this parcel.
Moe feels that the proposed use fits the land, and favors the
rezoning.
Prince feels that I-94 is going to be a mixed -use area and this
proposal fits into that category.
Nazarian feels that the animals in the General Business would not be
proper, and does not feel that it would work as a Pet Shop.
Kuettner feels that we have to look at the land, and if it is an
appropriate use for the land, the animals have nothing to do with it.
If we approve this land for General Business, it is the Council's
decision as to whether or not they are allowed to keep the animals.
The question before us is whether General Business fits in at this
location, and she feels that it does.
Dreher has concerns going from Industrial to General Business and then
we have RR next to that. He does not feel that General Business is
quite what we need at this location.
Lundquist stated he is not ready to decide what kind of business we
should permit on I-94. Once an application goes thru, you have made
the decision.
Bruce Folz stated there are two issues to be addressed. One is the
visual effect of what you see when you drive down there. The visual
effect is based on your performance standards. If you drive down a
highway, in most cases you cannot tell within 10% of what the land use
is in that land. You see the building, and it depends on how it is
landscaped, so for the general part, theobserver is not going to know,
if it is properly landscaped and properly done as far as the building,
what the land use is. The second issue is the land use which was
discussed tonight. If that zoning ordinance in Industrial uses has a
use that is objectionable to a General Businessuse, you have two
choices. You either accept it and live with it, and so do the
investors, or you get it out of there. He suggested that the Planning
Commission spend a lot of time looking at the uses that will be
allowed there because once it is rezoned, you now tell that investor
or owner that he can use all of the things that are within that zoning
district. He further suggested that the City take another look at the
uses that are allowed in each zone and if they are not appropriate,
they should be changed.
Gifford asked that the Council also consider that on the east side of
CR17, Suburban Bus is General Business.
Prince stated that should the City try to establish performance
standards, what else should we have besides the things that we already
have (landscaping standards, engineering standards, setback
requirements) and who can help us set these standards.
The Administrator stated that the City Planner could assist with
establishing these standards.
LAKE ELMO PLANNING COMMISSION MINUTES? 9-24-84 PAGE 8
5. Other
1. Update on Dickhausen/Loescher application.
Kuettner advised the Commission that the City Council tabled the
application until proof was furnished that each proposed parcel could
adequately support a second drainfield, should the first system fail.
There was no decision made on the question of each parcel having its
separate well, but the applicant will get estimates for a second well,
should it become a requirement.
2. Traffic concerns on Highway 5 and Lake Elmo Avenue
(County Road 17).
Graves expressed concern over the dangerous condition at the above
mentioned intersections. He asked for direction in getting a traffic
light put up at this location.
Prince stated that in the past, a school speed limit sign has been
requested and Mn/DOT has denied the request (with no explanation for
the denial). Also, the City has asked about the possibility of a
traffic light, and the reply has been that the traffic does not
warrant it.
Graves stated that the intersection is within our City boundaries and
we should have some jurisdiction over it.
Prince stated that her concern is with the school. All other schools
have school speed limit signs when children are present, and there has
never been once placed at this location.
The consensus of the Commission is to request the City Council to
proceed with whatever action is necessary to inform the County and
Mn/Dot of the City's concern over the dangerous situation that exists
on the section of Highway 5 thru town, including the school and the
Lake Elmo Avenue intersections. To look at the amount and speed of
traffic, and the possibility of putting a school speed limit sign up
and/or traffic signal light on the corner.
Kuettner stated that she has seen the counting being done on Highway
5, but the traffic should also be counted on County Road 17.
3. October 8th Planning Commission Meeting.
The Administrator advised the Commission that the October 8th meeting
is on Columbus Day, however we will still hold a meeting if there are
items for the agenda.
4. Bruce Folz on Steve Howell's Shoreland Permit.
Mr. Folz gave a brief summary of Mr. Howell's request for a shoreland
permit and variance request in Eden Park 2nd Addition that will be
before the City Council on October 2, 1984. He was under the
impression that this application had to be reviewed by the Planning
Commission. The Planning Commission does not review shoreland
permits.
P
i
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 "Requet to Appear Before the Planning
Commission" slip; or „ if you came late, raise your hand to be
recognized. Comments that aare pertinent are appreciated.
7:30 P.M.
8:00 P.M.
AGENDA
LAKE ELMO PLANNING COMMISSION
SEPTEMBER 24, 1984
Meeting Convenes
1. Minutes: August 27 and September 10, 1984
2. David Nelson - Continuation of Public Hearing
Preliminary Plat Review - Nelson Estates
3. Gene Peltier - Public Hearing - Large Lot
Subdivision and Rezoning for 13 acres from
RR to Industrial Park
8:30 P.M. 4. Leonard Hanson - Public Hearing - Rezoning of
of approximately b acres from AG to GB