HomeMy WebLinkAbout10-22-84 PZMLAKE ELMO PLANNING COMMISSION MINUTES';'
OCTOBER 22, 1984
The meeting was called to order by Chairwoman Prince at 7:30 p.m.
in the council chambers.
Present: Dreher, Gifford, Graves, Kuettner, Lundquist, Lyall,
Michels, Nazarian, Schiltz, City Administrator Klaers, City
Planner Chelseth.
1. Minutes: September 24, 1984
M/S/P Graves, Nazarian - To approve the minutes of the September
24, 1984 Planning Commission meeting as presented. (Motion
carried 8-0-2 <Lyall, Michels›).
Dreher questioned a statement in the minutes (regarding the
Nelson preliminary plat approval) which read "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".
Dreher asked what the drainage requirements are for the 40 x 60
building, or whatever the drainage requirement calculations are
supposed to be for.
The Administrator responded that the Engineer looked at the
figures and it has to do with the soil conditions and how much
area was required to be set aside for ponding. The Engineer
reviewed the figures, talked with VBWD (who also reviewed the
figures), and Mr. Nelson has met the requirements of the
Engineer.
The Administrator was unsure of what the computations are when
computing things like this, but will have the Engineer followup
on this question.
2. Public Hearing: 13 acre large lot subdivision application by
Gene Peltier along I-94 near CSAH 17.
Pursuant to published notice, this public hearing was opened at
7:45 p.m. The Commission accepted the withdrawal of this
application, received no comment from residents for or against
this proposal and the public hearing was closed at 7:46 p.m
Gifford made reference to the 10-2-84 City Council minutes in
which the Council declined to move on the Peltier application
until they had time to review the minutes of the Planning
Commission's discussion on this application. She is doing a
paper on local government and in reviewing the material, has come
across two Supreme Court cases that say that the City Council is
required to at least review and consider the Planning
Commission's considerations, or else there is a presumption that
it acted arbitrarily. So it is a valid action for the City
Council to have not acted on this application.
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 2
3. 1-94 Corridor: Future land use plan - 9eneral discussion and
presentation by City Planner, Rob Chelseth.
Mr. Chelseth reviewed prior discussions with the Commission from
1983. At that time the Section 32 plan had just been adopted.
Section 32 sits on 120 acres of land and is proposed for general
business development at the I-94 and I-694 intersection. There
are 40 more acres off of the frontage road that the City is going
to try to sewer and focus general business, commercial, light
industrial, and industrial development.
To put 120 acres of general business sewered in perspective, Rob
cited some figures from a survey done by the Metropolitan
Council. Between 1970 and 1980, there were six acres of
commercial development in Lake Elmo and six acres of industrial
development. That pace may pick up, but what is important to
realize is we are talking in terms of tens of acres, not hundreds
or thousands of acres of development. What we are trying to do
is distribute that level or scale of activity. So what do you do
when you have four miles of potential land for that? We went
thru a pretty sound thinking process when we did this. We said
it is not going to be the so-called convenience businesses that
serve the population. If there are going to be little stores to
serve the people of Lake Elmo, we definitly want them near where
we live. What we are generally looking for along the highway are
businesses that have a broader trade area that will serve people
traveling on the highway, or people in the region that can gain
access. These would tend to be uses that serve highway people
(hotels, gas stations, etc.) or would be uses that had to have a
lot of land for storage, etc., such as the truck terminal
application that was just before the Commission. The question
then was what kind of these businesses do we want to allow there,
if any, and where do we want to allow them. We decided you can
boil down what we can do in that case to three alternatives which
are listed in the July 11, 1983 Planning Commission minutes.
Michels: Since most everyone on the Planning Commission was in
favor of Mr. Peltier's concept, why shouldn't the Commission
proceed with rezoning the I-94 corridor to Highway Development so
applicants can proceed without a hassle.
Kuettner: I am in favor of Alternative 3 because I feel very
strongly that there should be no residential development along
the I-94 corridor.
Gifford: Would it be compatible to have Industrial development
with General Business adjacent to it (as was proposed with the
Peltier and Hanson rezoning requests)?
Chelseth: All districts are contiguous to some other kind of
district - they are all going to butt against something else. A
relatively easy or workable transition would be from Industrial
to Commercial, especially in Lake Elmo because it is generally
Light Industrial - there is no sewer or water or types of central
services that could support heavy industry or things you might
call noxious. There will always be exceptions such as not
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 3
wanting a motel next to a truck stop, so there are times that we
would have to be careful.
Gifford asked the purpose behind creating Industrial Parks
zoning.
Chelseth stated the purpose is definitely to get the light uses
together where they can take advantage of each others presence.
They are not going to bother each other, you have the land served
properly, it is a cleaner, neater way to go. We do have that
already in Section 32. As for I-94, if we take out all of the
uses that are sewer oriented, what we are left with are things
that are called Industrial, but by any other name they are very
light business type things that don't really require a lot of
services, but do like a frontage freeway location. When you do
say that we are going to allow Commercial/Industrial in an area
like the I-94 strip, these are the kinds of things you begin
attracting (such as transportation, wholesale warehouseing),
things that have big square footage requirements but don't
generate a lot of waste, etc.
Nazarian asked where a McDonald's would fit. Why wouldn't it fit
on Peltier's property?
Chelseth stated that from a land use point of view, it generates
a lot of water and grease and waste, etc., and it is a
particularly hard thing to treat with an on -site system.
Gifford suggested discussion on a "Freeway Development Zone".
Chelseth said that Conditional Use Permits are often
misunderstood. You should view a CUP as an allowed use, subject
to certain conditions that you stipulate. The problem with CUP's
is that when something becomes politically charged, there is
different views on whether or not it is the right thing. The
process gets twisted and it becomes kind of an arbitrary thing as
to how they are issued, and it shouldn't be. It should be far
more of a technical issue.
Graves: Another problem with the CUP is you won't have anybody
coming in and investing a lot of capital in something that is
just a CUP where it can be revoked after several years, or as you
suggested, the political environment changes and would not be in
favor of operating under a CUP.
Prince: If we had a new zone with performance standards that
would take care of the requirements we would otherwise have in
the CUP, would that help that problem?
Chelseth: I would not be too concerned about a persons
investment in a CUP. It will just cause the person with the CUP
to take an extra look at the proposal. In other cities, things
are allowed with CUP's and people make significant investments
because if the city arbitrarily revoked the CUP, it just wouldn't
work and the city would have quite an arguement legally. The
city would have to have grounds to revoke a CUP.
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 4
Lundquist: Up to now, we have been talking about quality
development (such as the insurance building at the intersection
of I-94 and I-494). Then when somebody comes in with a truck
terminal, it is accepted as a good thing. It seems like a total
reversal.
Chelseth: If we are going to allow development that is not
sewered, we are not going to get the quality as some people
define quality. You have to create an environment to get the
quality that the City seems to desire. If you open a place just
to the market, that will not happen.
Dreher asked how do we create an environment.
Chelseth: Sometimes it is done privately, but in the case of
Eden Prairie there was a close working relationship with a large
business community and some large land investment people that
wanted to do that type of thing, who got together and worked out
a public/private partnership with the City. They put a
tremendous amount of money in there, but they were also in the
right place at the right time. Some cities will take advantage
of a lot of techniques that are offered under State Law - the
principal one is probably the Tax Increment Financing. There is
also State developent programs; so there are several ways to
start something like this. Sometimes there is a very active
business community or Chamber of Commerce, etc.
Nazarian asked what would be the best method for Lake Elmo to use
if we wanted to go out and get a developent that was very good
quality and locate it in Section 32, where we do have sewer
available.
Chelseth: I would start with the people that own the property.
See if they have an interest in doing this type of thing. The
development business is like any other kind of business, so the
property owners would have to have an interest in it and an
understanding of it. If the property owners had that sort of
initiative, then the City could say "What can be do to help you?"
Dreher: Along I-694 and I-94, there is valuable property for
quality development. For instance, housing for the elderly would
fit in there and it is something that I am working on right now.
You could also have some nice commercial development west of
Helmo Avenue, between the highway, that would be very compatible
to a residential area across the street. If everything is
planned right, there could be doctors offices and the like.
Nazarian: If we continue to talk about quality development, and
if the City really wants quality development, what do we do?
Chelseth: The best thing we could do is have the environment
available and the tools here. Encourage the property owners to
come to the City with their plans and be willing to listen and
work with them.
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 5
Schiltz: As I understand it, the way this land is going to get
developed is if the landowners are aggressive enough to go out
and get their own people to build on it. Yet, on this whole plan
I don't know why these certain areas have those lines - the area
for proposed highway/commercial, etc., when there are other areas
on this highway that have people that are aggressive -
entrepreneurs that want to see the land developed and it is not
marked like that. Yet we are sitting here with this proposed
plan wondering who is going to do it. Let the aggressive people
that want to do something with their land do it.
Chelseth: There is another consideration that goes into this.
That is the timing and the impact of how this development occurs.
When you have 4-1/2 miles of open land, and you have spotted in
there a half -dozen business developments, if you leave it totally
open the market will prevail. Certain people are more
aggressive, they may have leads, contacts, etc., so what you
start to get is a "checkerboard pattern" where you get one person
who for whatever reason develops right in the middle of two
interchanges with the rest of the land around it open. That will
dictate what happens to the other land around there. If a
certain type of buiness or industry is put in, it will cast a
shadow on the adjacent property. There isn't going to be 4-1/2
miles of commercial/industrial development, so what might happen
is that things will be scattered along there and you have this
dead land standing in between it because you don't have enough
demand and activity to have a whole strip of those things. It
will, therefore, take a long time for it all to infill and
solidify, and this happens quite often. So the theory behind
grouping things is to try and consolidate the development and put
it in the prime locations.
Schiltz: Why doesn't County Road 17 have an entrance or exit
from it. Why is the cloverleaf on County Road 19 rather than
into the City.
Mn/DOT made this decision because the County decided long ago
that County Road 15 is the main highway north/south thru the
County. There had to be an interchange at County Road 15, and
there had to be one at County Road 19 for the Regional Park.
Dorothy Lyons stated if the interchange was at County Road 17,
all the traffic would move thru a residential area, and this is
what the residents did not want. Lyons also stated that some
long term planning should be made regarding where the next
frontage road will go.
Gifford: The issue being discussed is still the problem. The
Planner says if we start development at interchanges, we get
quality development and it will spread out, which sounds logical.
However, Schiltz pointed out that our entrepreneurial spirit is
already in the in -fill areas. How do we kill two birds with one
stone.
Chelseth: If you concentrate the development to the
intersections, you will have the development focused and it gives
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 6
you more flexibility with what you do with the infill areas.
Gifford: Is there anyone other than Mr. Peltier along the I-94
corridor that is interested in developing their property?
Prince: Would it be appropriate to tell people coming in with
proposals (such as the truck terminal) that "this is a terrific
idea but you really belong in Section 32?" Should we try to ease
these developers into the right spot?
Lyall: When Mr. Peltier was before the Commission with his
clients for the truck terminal, had the Planning Commission
suggested that the terminal be located in Section 32, we would
have been in a lot of trouble.
Prince: If we would follow Alternative #2, and established these
cross -hatch lines as a new zone (Freeway Development) we would
write performance standards for this use.
Chelseth: You will always have a list of uses. Performance
Standards just set the parameters under which those uses can
occur. They limit the size, crown coverage, water waste
generation, etc. There are technical standards in some cases and
in some cases the performance standards are arbitrary.
Dreher: Performance standards would dictate what would go in.
Chelseth: They would dictate the nature of what goes in.
Dreher: If the City knew what performance standards should
cover, it would eliminate a lot of problems when it comes to
development.
Klaers: What is feasible is that we create a zone called
"Highway/Freeway Development" and say all uses permitted in
Industrial, General Business and Highway Business are allowed
with a CUP, and then in order for that business to operate they
have to meet our screening, setback, parking, building size,
etc., requirements. There are a lot of conditions that can be
added, and those are the types of performance standards that we
are talking about.
Lyall: There are obviously not the entrepreneurs that Schiltz
speaks of. This land has been here for a number of years and we
don't see people knocking on the door wanting it for a number of
reasons, nor are we turning a lot of people down. I don't see
where we have any other choice. We either have the funds and
hire a professional to go out and draw people in here, or go as
we are.
Gifford: If something is zoned in a City the presumption is that
it is zoned correctly. But, I feel if the landowner challenges
that zoning, they have the burden of proving that they don't have
reasonable use of their land. You could say it is the initiative
of the landowner to come in and say that they want their land
rezoned. Either we as a City have to prove that our zoning is
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 7
right or if the landowner can prove that he needs a reasonable
use of his land and it is compatible with our Comp. Plan now or
in the future, that has to be accepted.
Chelseth made reference to the plan that Bloomington has followed
in developing its community. Bloomington is looking for certain
types of commercial/industrial development, but they are allowing
a host of other things by CUP. Bloomington does not have
performance standards in its code. The only thing they have that
comes close to performance standards relates to lot size and the
size of the building on the lot.
Lundquist: Do we feel that the warehouse/truck terminal was a
good proposal?
Graves: I think part of the question is that we didn't know how
to reject it. It fit the use of the land, and I don't know how I
could have found a reason to reject the proposal under our
existing planning guidelines. We may have wanted something
better, but on what basis could we have rejected Mr. Peltier's
propsal?
Lundquist: You find someone to help you come up with the reasons
if you want to reject it.
Graves: It can't be contrived - they have to be real, and they
would have to be defensable in court.
Lundquist: You can make an entire list of bonafide reasons to
reject a proposal.
Lyons: When the property owners were here for a meeting, they
left the meeting with the understanding that if they want sewer
along the I-94 corridor, they would have to pay for it. If the
I-94 corridor is sewered, that does not mean that the rest of the
community will be sewered. I think the property owners would be
interested in working with our Planner to draw up a plan.
Michels: The property owners talked like they were going to get
together as a group and come back to us. We are still waiting
for them.
Klaers: We have to remember that even though the sewer is
underneath the freeway, we have no committment from Metropolitan
Council that they are going to give us more capacity. We may not
be able to extend the sewer for some of those property owners
down there.
Dorothy Lyons gave a presentation on the development that is
taking place in West Lakeland, and added that she did not feel
the City of Lake Elmo is cooperating with the land owners.
Prince asked the Commission if they would like to establish a new
planning district, how they would like to define it, and if they
would like the City Planner and City Administrator to make a list
of performance standards.
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE
Graves: It would be a good idea. We have to define a new zoning
district for the I-94 corridor.
Gifford: I agree it would be a good idea.
Nazarian: Should we have two zoning districts - one for the
interchanges and one for the in betweens?
Graves: What type of distinction would we have to make? Are we
going to say you can only put in gas stations or are we going to
say you can't put a motel on the corner. Where are we going to
draw the line?
Lundquist: Some people want quick access to the freeway. The
others just want to be able to not have toofar to go to get onto
the freeway.
Nazarian: If a property owner wants to sell the property to a
person, and the person thinks he can make a go of it, let him
present his plans to us.
Graves: What is the distiction going to be between the two
districts?
Nazarian: I was thinking along the bases of size of the lots of
land. Smaller at the intersections and larger in between. We
could end up with more businesses clustered at an intersection
that may take advantage of small sections of land.
Lyall: I do not believe that whatever we put in the plan is
going to cause it to happen. If I was the property owner, I
would be in here talking with the Commission to see what could be
made of the property. I haven't heard many owners asking us
that.
Prince: If we adopt a new plan for this section, we will have a
public hearing and we will specifically invite the property
owners.
Klaers: If we end up changing the Comp Plan to add the "Planned
Freeway District", we will also have to incoporate that into the
zoning district in our code. So while we may not have any land
zoned "Freeway District", we will have it defined and in the
code.
Michels: Probably one of the reasons we haven't done anything on
the I-94 corridor is that we do not have sewer available. I take
exception to Lyons statement that we are not cooperating with the
property owners. I do not know of a thing that has been
presented to us that we haven't tried to cooperate with. The one
big mistake that was made by this City was turning back the
12,000 units of sewer capacity when Mr. Armstrong was mayor.
Consensus of the Commission is that they have established a name
for the district, and they want the Planner and Administrator to
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 9
provide a list of allowed uses and to write a list of performance
standards.
Michels: I would be curious to know if there is another
Metropolitan or small city within ten miles of a major city that
does not have sewer.
Lyons: I have the plans for Lakeville that I would like to give
to the Administrator for review and distribution to the rest of
the Commission.
Schiltz: The way the land is on I-94, I just can't see people
living there. The people that want to do something with their
property should have the opportunity to do so. If we are looking
at changing the zoning before the 1990's, I am satisfied with
this proposal. Individual people and what they represent is not
an issue. The issue is that people should be able to with their
land, if it is in the concept of what is feasible, what they want
to. We should not bring monetarial value into any of these
issues.
Lyall: What you are saying is that some people in this City are
being hurt because of the way that it is zoned. I do not believe
that to be true. Those people are not coming in here complaining
that it is zoned improperly.
Lundquist: They have been in here. Someone wanted to put up a
big garage on Highway 36. That person wanted to sell and he was
turned down.
Lyall: What Schiltz is saying is that we are holding a lot of
people up because of the lack of planning, and I want to know who
those people are that we have been holding up.
Schiltz: I did not say individual people. I said there could be
more aggressive people out there with land that they would like
to change, but they don't have the chance to do it because it is
not zoned that way.
Klaers: Mr. DeCoster would like to develop, but the holdup for
him is the lack of sewer and the lack of desire to pay thru the
nose for the sewer. He has sewer available, but does not want to
pay for the pipe, lift station, etc., without anyone along the
way helping him. I tell every developer or person that has
asked, that it is all zoned as used (RR, AG some Highway
Business), but it is all planned for future Commercial. Some of
it might say Post 1990, but the Planning Commission has always
said (as with Mr. Peltier) that if someone has a proposal that is
put together that calls for Commercial and it is prior to 1990,
the Commission will listen to the proposal and evaluate it on the
merits of the proposal.
Lyall: Another thing I don't see along the highway is any "For
Sale" signs.
Lundquist: Most of the people that own the property are those
LAKE ELMO PLANNING COMMISSION MINUTES 10-22-84 PAGE 10
that found the "For Sale" signs and bought it.
Michels: I believe that there is a preconceived notion that Lake
Elmo is against expanding or having new business come in.
Whether it is justified or not, and I don't believe that it has
been recently, anything that has hit the paper has had a negative
aspect. Wally McCarthy from a few years ago, and the railroad
proposal had relatively negative connotations and I think there
is a perceived negative feeling.
Lyall: I think that if this is a preconceived notion, maybe we
should get a reporter in here to write a story that this is not
true. Let's get the word out that we are not anti -development.
Nazarian: Would it be worthwhile to form a committee to see if
there is anything we can do once these things are settled. Write
the property owners suggesting they do something.
Prince: I think if we form a committee, it should include
property owners.
Lundquist provided a list of the property owners along the I-94
corridor for the information of the Commission.
4. Discussion on size of accessory structures. (Tabled)
5. Review of 1984 Work Plan (Tabled)
6. Other.
A. Planning Institute
Prince informed the Commission that the Annual Planning Institute
will be held on November 30th, at the Earl Brown Center on the
University of Minnesota St Paul Campus, and if any Commissioner
is interested in attending this conference their fee to attend
will be paid by the City.
Kuettner, Prince, Nazarian and Michels expressed interest in
attending this Planning Institute.
B. Next Planning Commission Meeting
The next scheduled Plannning Commission is for November 12th
which is a legal holiday. Therefore, the next Planning Commision
meeting will be held on November 26th.
C. Recycling Information
Prince informed the Commission that Recycling Unlimited Dropoff
has a dropoff in Woodbury and asked if anyone had an interest in
approaching a recycling company about doing that in our City.
Lundquist stated that Washington County is in the process of
discussing recycling. Consensus is to find out what is happening
at the County level.
The meeting adjourned at 9:35 p.m.
October 18, 1984
To: Planning Commission Members
From: Pat Klaers, City Administrator
Re: Agenda Memo for October 22, 1984 Planning Commission Meeting
1. Minutes The September 24, 1984 were previously sent to you. If
you need another copy, please contact the city office.
2. Peltier public hearing for a 13 acre large lot subdivision. This
application came about as part of the total rezoning application that
was before the Commission at its 9-24-84 meeting. The Planning
Commission implied approval of this large lot subdivision, but the
official public hearing must be held before the Commission to consider
this application.
Before the City Council at its 10-16-84 meeting, Mr. Peltier formally
withdrew his rezoning application. Therefore, this public hearing on
the large lot subdivision is no longer needed, and the application is
considered to be withdrawn. It is on the agenda simply because a
public hearing notice was published. Therefore, the hearing should be
opened and officially closed and the applicaion accepted as being
withdrawn.
You should note that this is one of the continuing problems with
processing applications that require more than one deci9Lon by the
Planning commission and City Council. Often the applicant wants to
proceed with the second step in the application process before the
first step is completed, and consequently we end up with cancelled
public hearings when an application is deniedor is withdrawn. The
alternative is to wait until approval is received at the City Council
level - then schedule the public hearing before the Planning
Commission which would require an additional two week publication
requirement. This often causes the developer to be irritated with the
City as they feel that we are going out of our way to delay them in
achieving approval of their applocations. It is essentially a "no
win" situaion.
3. 1-94 Future Land Use Concept - Presentation by City Planner Rob
Chelseth. Attached for your information is some material that was in
the file from 1983 discussions on this topic. These attachments are:
• three alternatives listed for the I-94 corridor dated
7-11-83;
# the Planning Commission minutes from 7-11-83 considering
these three alternatives;
• an August, 1983 proposal implementing alternative #2
from the 7-11-83 discussion;
• 9-12-83 public hearing minutes before the Planning
Commission on the I-94 corridor;
• 10-24-83 Planning Commission minutes on discussion of
the I-94 corridor;
Planning Commission Agenda Memo for 10-22-84 Page 2
* 11-22-83 Larry Whittaker comments;
* 8-27-84 Planning Commission minutes when this topic
was again discussed.
The recent Peltier application has once again stressed the need for
some type of well thoughtout plan for the i-94 corridor. This request
by Mr. Peltier is just the first of many demands and requests that we
anticipate seeing in the future. Once the I-94 project is completed
with interchanges into Lake Elmo, we will be seeing more and more
demand for development. Once the Commission has discussed this and
are in agreement as to what they believe is the best plan for this
area, we will then be required to hold a public hearing and invite all
the property owners in for another public hearing discussion.
Additionally, I anticipate that Rob will have some information from
the City of Bloomington on what they classify as a "Freeway
Development Zone", some information from the City of Mahtomedi on
their performance standards for development, and maybe some
information from the League of Mlnnsota Cities on performance
standards.
My personal preferance for a plan along I-94 is to incorporate some of
the points of alternate #2 discussed in July and August of 1983.
However, I think that the development zone around the I-94
interchanges should be listed as "Freeway Development Zone". In this
manner, we will be adding a new zoning district to the City. We would
not have to list out the specific uses allowed in this "Freeway
Development Zone", but we may require everything to take place only
under a CUP application. Then in the Freeway Development Zone, we
should incorporate performance standards which the development must
meet. For example, we must put limits on the amount of outside
storage (as this is a major factor in the appearance of the property),
standards on the building exterior, landscaping, signing, and
requiring that proper maintenance takes place at the rear of the
building as this is also seen by people traveling on 1-94. There are
other requiremets that may be appropriate to incorporate in this zone,
and the Planning Commission should feel free to offer their input on
the type of restrictions and requiremets that may be appropriate. By
suggesting that we limit the "Freeway Development Zone" around the
interchanges with I-94, I am implying that the remaining sections of
land should be zoned "as is" - Rural Residential. This area should
not be planned for future Commercial at this point in time. In this
manner, we will be increasing the price of the land available around
the interchanges, therefore, helping to insure that only a quality
type of development will take place. The other point of view is that
if all the land is zoned Commercial, each ten acre parcel may be worth
$10,000, however, if a limited amount of land is available for
Commercial, maybe the land would be available at $40,000. Therefore,
a higher quality type of development would take place simply because
of the initial investment in the land. This will upset some property
owners who own land in between the interchanges, but a zoning
ordinance cannot make everybody happy. It is our responsibility to
control the development in the area and insure that the development is
of a high quality, and by limiting the amount of land available for
future highway development, we are helping to insure that the
development will be of a high quality.
1
Planning Commission Agenda Memo for 10-22-84 Page 3
I look forward to an interesting discussion with the Planning
Commission and when we proceed to the point of reaching a consensus,
we will then be scheduling a public hearing.
4. Accessory Structure Size Requirements. Recently, the City
Council approved an accessory structure variance for Don Durand to
construct an accessory structure of 1200 square feet which is in
excess of the 1000 square feet code requirement.
I mentioned to the Council that the Planning Commission was interested
in this topic and that we will again be addressing this issue.
Attached for your information is the newly revised Washington County
Code on sizes of accessory structures, plus I anticipate a handout to
be distributed at the Commission meeting from the Building Official,
James McNamara.
You should note that it is State Law that a garage which houses a
motor vehicle cannot exceed 1000 square feet. However, the Commission
should be considering the size of the parcel of land, the zoning
district, and the use of the land and accessory structure in reviewing
whether or not any changes are needed in our maximum size of accessory
structures.
Also attached is the Lake Elmo Code pages which relate to accessory
structures. On small parcels of R1 land (under 2 acres), I do not
believe that any changes should be made in the 1000 square footage
maximum. However, on R1 zoned land that has between 5 and 10 acres of
land, we may want to consider expanding the maximum square footage, or
the number of accessory structures. As the Code indicates, there is
no requirement on the number or size of accessory structures on large
agricultural zoned property. We may also want to look at accessory
structures in other zones besides Residential and Agricultural; ie:
Commercial and Industrial.
I have no strong feelings on this part of the code dealing with
accessory structures, but I believe the Building Official's memo will
voice some opinions on retaining our existing code as is. The Council
obviously feels it is too restrictive on large pieces of residential
land as they gave Mr. Durand, who owns in excess of five acres in the
R1 zone, an accessory size variance.
5. 1984 Work Plan. Attached for your information is the approved
1984 Work Plan. I have this item on the agenda simply for your review
and update and to receive any comments from the Planning Commission.
No further summary of the status of this Work Plan is offered below,
but I will be prepared to provide a verbal update as desired at the
meeting.
6. Other This item is on the agenda simply for any Commission
member to raise any topic of interest.
The next scheduled Planning Commission meeting is November 12th which
is Veterans Day, a legal holiday. There is a public hearing on
nominal 10's that will have to be heard at some point, so please let
me know if we should reschedule this meeting or schedule this public
hearing for the 26th of November.
Planning Commission Agenda Memo for 10-22-84 Page 4
OTHER INFORMATION
1. Attached for your information is the most recent City Newsletter
dated October 9, 1984.
2. Wish to inform the City Council that the following individuals
have filed for the office of Mayor and the two positions that are open
on the City Council . Mayor - Council Member Dave Morgan and Mayor
Maynard Eder. Council Member - Incumbent Laura Fraser, Planning
Commission Member John Schiltz, Planning Commission Member Fred
Nazarinan, Park Commission Member Rose Armstrong, Park Commission
Member Arlyn Christ, Roy Rossow and Ron Smith. Because Councillor
Dave Morgan is running for the office of Mayor, the City of Lake Elmo
is guaranteed at least one new Council member who will begin a four
year term in 1985.
3. The City was informed by the Department of Health that the
quarterly water test, evaluated by the Department of Health, showed
traces of bacteria. The Department of Health did a follow-up on the
water samples submitted and again bacteria was found. The City was
orderedto then do an emergency chlorination of the water system to
clear up the situation. This took place on October 4 and 5 of last
week and the situation has now been cleared up. Suprisingly, very few
phone calls were received from the residents concerning the color or
taste of the water for those few days. We do not anticipate any
further problems with bacteria and the Department of Health is
satisified with the most recent testing. They will be doing further
tests in the next few weeks to verify that the situation is still
cleared up.
4. Attached for your information are two "Fact Sheets" from
Washington County. These fact sheets deal with backyard composting
and recycling . These sheets are available in the entry way of the
City Office for the public.
5. Attached for your information are two newspaper articles which
relate to the change in the Metropolitan Transit Board Property Tax
Levy. The two newspaper articles indicate that the mil rate in Lake
Elmo will be reduced by approximately 1/2 mil for each property owner.
This amounts to approximately a $28,000 reduction in taxes received
from the entire City by the Transit Board. For each homeowner it is
estimated that this will result in approximately a $17 to $20
reduction in their taxes.
6. Attached for your information is a brochure indicating the
upcoming Annual Planning Institute. There are three dates and
locations for this meeting/conference, and if any Commission member
desires to attend, they should make their intentions known to me as
soon as possible. I am sure that the Council will approve paying the
registration fees for this worthwhile workshop.
4
Planning Commission Agenda Memo for 10-22-84 Page 5
7. Wish to inform the Commission that at the 10-16-84 Council
meeting, the City Council accepted the withdrawal of the Peltier
rezoning application, and approved the Nelson Preliminary Plat with
the City Engineer's drainage concerns being met by the applicant.
8. Wish to inform the Commission that thru discussions with Mr. and
Mrs. Hanson, it is understood that they will be withdrawing their
application for a rezoning and will be applying for an expansion of
their existing CUP in order for an additional building to be
constructed which would house some of the equipment that is now being
displayed outside.
9. Wish to inform the Commission that the staff will be proceeding
with the reprinting of the Comprehensive Plan. This reprinting was
authorized in 1983 by the Council. The staff has been waiting to see
if there are and additional changes in the Comp Plan before
proceeding. We have determined that it would be appropriate to
reprint the Comp Plan at this time because we are out of existing
copies. I had hoped to wait until the I-94 discussion was completed,
but this is not possible. There are always changes in a Comp Plan
after it is printed. In fact, the Comp Plan is in constant change
with yearly amendents.
10. Wish to inform the Commission that the Council heard a
presentation from the Waste -To -Energy Project Coordinator, Doug Wood,
at its 10-16-84 meeting. Please review the Newsletter that will come
out on the 23rd of October which will summarize the presentation. The
City Council minutes that you will receive in the next few weeks also
gives a good summary of this discussion. Basically, the word is not
very positive from Washington County on the Waste -To -Energy Project.
I understand that they are favoring, because of economics, an RDF
Plant, and because the fuel from this RDF Plant would be going to Red
Wing they are also favoring a location in Newport. This is not what
the City Council has supported in the past, and the only permission we
have given Washington County is to locate a Waste -To -Energy Plant and
not an RDF Plant in the City. If Washington County wanted to locate
an RDF Plant in Lake Elmo, we would have to again evaluate this with
th property owners at the City Council level. However, it was implied
that if an RDF Plant is the option the Counties decide to go with, the
chances are very good that this will be located in Newport and not
Lake Elmo. However, if the RDF Plant is rejected and the Counties
desire to go with the Waste -To -Energy Project, then this plant is
still proposed to be located in Lake Elmo.
1
The Planning Commission is an advisory body to the City
Council. One of the Commission's functions is to hold public hearings
and makerecommendations 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
OCTOBER 22, 1984
7:30 p.m. Meeting Convenes
1. Minutes: September 24, 1984
2. Public Hearing : 13 acre large lot subdivision
application by Gene Peltier along I-94 near CSAH 17.
(Application withdrawn)
3. 1-94 Corridor: Future land use plan - general
discussion and presentation by City Planner,
Rob Chelseth.
7:45 p.m.
4. Discussion on size of accessory structures.
5. Review of 1984 Work Plan
6. Other
October 4, 1984
To: Planning Commission Members
From: Pat Klaers, City Administrator
Re: October 8, 1984 Planning Commission Meeting
There will be no Planning Commission meeting on Monday, October 8,
1984. This meeting is being cancelled due to a lack of agenda items.
Attached for your information is the approved August 24, 1984 and
September 10, 1984 Planning Commission minutes and a draft of the
September 24, 1984 minutes. If there are any major changes desired in
the September 24th minutes, please notify the office as the City
Council will be reviewing these minutes in their evaluation of the
Peltier rezoning application.
The City Council tabled action on the Peltier rezoning application
until 10-16-84 because they desired a full Council to be present.
Also, they would like to review the 9-24-84 Planning Commission
minutes and desire additional material from the developers regarding
the type of business proposed.
Additionally, at this 10-16-84 City Council meeting, the Council: (1)
Tabled the Nelson Preliminary Plat approval until additional soils
information was reviewed by the City Engineer; (2) Tabled the Hanson
rezoning application as the applicant may simply desire an amendment
to the existing CUP; and (3) Approved the Planning Commission's
recommendation to have the State and County review the traffic
situation around the Highway 5 and CSAH 17 intersections.
Attached for your information is:
- -- City Planner's report on the Peltier application.
--- City Planner's report on the Hanson application.
--- 9-24-84 City Newsletter
- -- DNR report on precipitation trends
The Planning Commission's meeting on 10-22-84 will take place as
scheduled. The tentative agenda includes a public hearing on the
Peltier large lot subdivision; a public hearing on another Peltier
rezoning request (100 feet running north and south next to the current
application) to avoid a side yard setback variance for the current
application; and review of the 1984 Work Plan.