HomeMy WebLinkAbout02-11-85 PZMThe 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
FEBRUARY 11, 1985
7:00 p.m. Meeting Convenes
1. Minutes: January 28, 1985
2. Update from Carol Kuettner on recently
attended Planning Workshop.
7:15 p.m.
8:15 p.m.
3. Animal Inn CUP amendment - application for
simple lot subdivision and zoning code
variance. (Application withdrawn)
4. Brief update on preliminary 1985
Planning Commission Work Plan.
5. Public Hearing for rezoning from RR to R1
application from Don Bishop, Clapp Thommsen
and, platting pre -application (sketch Plan)
review at SW corner of Stillwater Blvd. and
Inwood Ave.
6. Final plat application by David Nelson for
five lot development of Nelson Estates.
BREAK
7. Conditional Use Permit amendment application
by Howard Springborn at Green Acres
Recreation Center.
8. Other
To: Lake Elmo Planning Commission
From: Pat Klaers, City Administrator
Re: Agenda Memo and Informational Material for 2-11-85
Planning Commission Meeting
City Engineer Larry Bohrer will be attending this 2-11-85 Planning
Commission meeting. I have asked Larry to attend this meeting
specifically for his input in the Don Bishop/Clapp Thommsen rezoning
application and sketch plan, the David Nelson final plat, and possibly
for input relating to the Springborn CUP application. Additionally,
#8 "Other" on the agenda will provide the Planning Commission with an
opportunity to ask the Engineer any specific questions which they have
relating to planning items.
1. Attached for your review and consideration are the draft Planning
Commission minutes from the 1-28-85 meeting.
2. Update from Carol Kuettner on recently attended Planning Workshop.
Planning Commissioner, Carol Kuettner recently attended a planning and
zoning related seminar. She would like to update the Planning
Commission members on some of the issues that were discussed at this
workshop. She has provided the staff with some material that will be
copied and either distributed within this packet or at the Planning
Commission meeting for your review later in the week. Providing these
types of updates from members that attend workshops is a good method
in providing information that was obtained by one member to all of the
Commission. This way, the benefit of having one member attend
workshops is spread to all of the Commission.
3. Animal Inn CUP amendment.
Charles Anderson, from the Animal Inn has informed me that he has
worked out other financial arrangements and no longer requests a
simple lot subdivision or any zoning code variances. Therefore, he
has withdrawn his application for the simple lot subdivision and will
proceed with only his CUP amendment to construct a 50' x 138'
building. The Planning Commission reommended approval of this CUP for
the construction of this building at its last meeting and tabled
consideration of the simple lot subdivision. Therefore, the
Commission should adopt a motion accepting the withdrawal of this
simple lot subdivision and zoning code variance application. This CUP
amendment for the construction of a building will bean the City
Council agenda on March 5, 1985.
U. Brief update on Planning Commission 1985 Work Plan.
Because of the time which some of the later agenda items will need,
this item is on the agenda simply for you to review what took place at
the last meeting. Further discussion on the 1985 Work Plan will be on
2-25-85 Planning Commission agenda. Please review the last Planning
Commission minutes on this issue to verify that all of the items
( discussed were included in the preliminary Work Plan for 1985.
5. Public Hearing for rezoning (from RR to R1) application from Don
Bishop/Clapp Thommsen and platting preapplication (sketch plan).
LAKE ELMO PLANNING COMMISSION MEMO FOR 2-11-85 PAGE 2
Mr. Bishop has applied to rezone the land at the southwest corner of
Stillwater Blvd. and Inwood Avenue from RR to Rl. Mr. Bishop is
proposing to eventually seek a plat approval for single family
residential development in this area. This is a public hearing
scheduled for 7:15 p.m. Notice has been published in the legal City
newspaper, and notice has been sent to the required neighboring
property owners.
Attached for your information is a large draft plan showing the
proposed layout of the lots, the application, list of names who
received public hearing notice, Larry Bohrer's report, Rob Chelseth's
report, and a letter from a neighboring property owner expressing his
objections to this proposal.
As has been widely known, this area does not have the best soil
conditions for residential development. However, as Larry Bohrer's
report indicates, of all the soils in the area the best are located in
the proposed phase 1 development. For the actual preliminary plat,
additional drainage information will be required. Therefore, this
should be considered a sketch plan or preplatting application. This
material is offered to the Commission so that it can have a firm
concept of what is being proposed, if the rezoning is approved.
The rezoning section of the code is found on pages 301-25, 26 and 27,
and the preplatting sketch requirements are found on pages 401-6, 7
and 8. I am not sure how many residents will be attending this pubic
hearing, but I am sure there will be at least one (the indiviudal that
submitted the letter, Mr. Novak) and he may have the support of some
of his surrounding neighbors who could attend this meeting.
This is a rather substantial development and proposal, and the
Commission should not rush into any quick decision. You may want to
wait for two weeks to think about this application. Therefore, a
motion to table any final decision on this application until the next
meeting may be appropriate.
Larry Bohrer's report indicates that additional information is needed
for the phase 2 and 3 development proposal, and is therefore
recommending that if the Commission sees fit that this land is
appropriate for R1 development, they only recommend approval of the
rezoning from RR to R1 in the phase 1 area.
Rob Chelseth's report addresses the Comp Plan and the cluster
development concept. It should be noted that if the Commission
recommends to the Council approval of this rezoning, and the Council
in turn accepts this recommendation and rezones the requested land,
the Comp Plan is automatically amended. It is interesting to note in
Rob's report that this individual could develop all 14 lots in phase 1
without rezoning the property. There is one technical problem and
that is that some of the lots are in excess of two acres, but this
could be quickly amended.
The attached letter also addresses some legitimate concerns, but the
Commission should note that citizens complaints over an issue alone is
not a valid basis to reject an application or proposal. The Met
Council did request the City to do some work in its Ri area. The City
responded and removed much of the R1 zoned land that was vacant in
LAKE ELMO PLANNING COMMISSION MEMO FOR 2-11-85 PAGE 3
mid-1983. Currently, there are very few open areas of R1 land
available for residential development. Also, you should note that the
Comp Plan is just that; a plan for future developement, and this plan
could easily be amended.
The drainage issues discussed in this letter will be addressed later
by the VBWD during the platting process. For information on the soils
concerns listed in the letter, you should refer to Larry Bohrer's
memo.
The staff has very little problem with this concept for residential
development as there are single family homes to the north and to the
east and further toite west in Oakdale. The staff does not see this
as a spot rezoning if the Commission and Council approve this
application. I am not sure what the best method for approving single
family development in this area would be, and the applicants may want
to evaluate the Consulting Engineer and Planner reports, and
reevaluate their request. Either a cluster development, and then a
rezoning if the soil conditions are acceptable in phase 2 and 3 would
be an acceptable course of action; or the Commission could simply
recommend the rezoning of the area in phase 1.
6. Final plat application by David Nelson for five lot development of
Nelson Estates.
A report from the City Engineer, Larry Bohrer will either be attached
in this packet or will be distributed at the table. The staff does
not have any information on this application to date, but we
anticipate receiving the large final plat maps and application
shortly. The City Engineer does have this material and has been
reviewing it the past few days.
If the Planning Commission finds everything acceptable, it can
recommend approval of the final plat with conditions. The conditions
that will need to be included, if a recommendation for approval comes
from the Planning Commission, will be bought to your attention by the
City Engineer.
I don't have much to add to this application as I have yet to see the
material, but I do know that David Nelson has made every attempt to
comply with the City Code, and that he has approval of the preliminary
plat. The final plat approval will also require park donation fees
and a developers agreement for the street and drainage improvements
that are required.
7. Conditional Use Permit amendment application by Howard Springborn
at Green Acres Recreational Center.
Mr. Springborn requested that this item be tabled at the last meeting
so that his representative, Bruce Folz, could be present to make a
presentation. Since the applicant is making a presentation, it is
only fair to allow the citizens that are in attendance to also voice
their opinions about the application. While this is not a formal
public hearing, as the official public hearing was closed at the
1-14-85 meeting, this is most certainly going to be an informal public
hearing.
LAKE ELMO PLANNING COMMISSION MEMO FOR 2-11-85 PAGE 4
The Planning Commission chairman should require each citizen that
desires to address the Commission to fill out a form, and when they
speak to state their name, address and if they received a public
hearing notice for the first review of this applicaion on 1-14-85.
Attached for your information is:
Application
- Large map
- 1984 Resolution
1985 Resolution
Jesuit Retreat letter (previously distributed on 1-14-85)
- Petition with 10 names that was submitted at the 1-14-85
meeting.
- A letter from the Anderson's (not on the public
hearing mailing list)
- A letter from Mr. and Mrs. Reese (not on the public
hearing mailing list).
- A letter from Mr. and Mrs. Watne (are on the public
hearing mailing list).
A letter from Mr. Tom Kernan (not on the public
hearing mailing list).
- A letter from Tom McGuire (on the public hearing
mailing list).
- A letter from Mr. and Mrs. Nelson (not on the public
hearing mailing list).
- A letter from Mr. and Mrs.
hearing mailing list).
- A letter from Mr. and Mrs. Hamme (are on
hearing mailing list).
- A letter from Mr. and Mrs. Olson (are on
hearing mailing list).
- A letter from Mr. and Mrs. Spoffond (not
hearing mailing list).
A second petition received
Neisse (not on the public
the public
the public
on the public
Concerning this second petition, you should note that there are 74
names on the petition, but not all of the names are adults, and one
of the individuals does not currently live in Lake Elmo but will be
purchasing a lot from Mr. Springborn. Of the 74 names on the list,
only 50 households are represented. Of these 50 households that
signed the petition, 11 were on the public hearing mailing list, and
39 are from areas outside of the 350' mailing list requirement.
The Commission should be keenly aware that they cannot recommend
denial of an application simply based on the complaints of the
neighbors. The Commission must have legal reasons to recommend denial
of an application. The legal reasons could include whether or not the
use of the land will be continued as a rural recreation center versus
the application for the water slide moving towards an urban
recreational nature.
The applicant can still use his land as the 1985 CUP indicates, but
the application is for a expansion of this use. The Commission must
also consider the demand for City services in reviewing this
application. If additional policing of the area is required by the
City, this could be a legal reason to reject the application.
However, if the Commission views this application in a favorable
C
LAKE ELMO PLANNING COMMISSION MEMO FOR 2-11-85 PAGE 5
manner, they should require Mr. Springborn to hire additional police
personnel to be on the site during certain times during the summer
months. The Commission could consider potential increased noise,
litter and vandalism to the neighborhood as a factor, traffic and
safety concerns are legitimate concerns, and a point that must be
proven before it could be used as a legal defense to reject the
proposal is that the land values in the neighborhood could be
decreased by this type of activity.
Other concerns that have been presented in the letters and petitions
that relate to drainage would be reviewed by VBWD at a later stage,
and if approval was given, this approval would be conditioned upon the
applicant meeting VBWD requirements.
Considering that new testimony is going to be presented by the
applicant and by the citiznes, it may again be wise for the Commission
to table consideration of this issue until the following meeting on
2-25-85. However, if the Commission has strong feelings on the
application and feels that a consensus could be reached, they most
certainly can move forward and make a recommendation to the City
Council.
The staff has serious concerns on whether or not this proposal would
be moving the recreational center from a rural nature to an urban
nature activity, and also has concerns over the safety issue with the
increased traffic and the related demands for City servives (police)
caused by this increased traffic. The Commission should also try to
obtain economic information from the applicant as to its investment in
this operation, prior to its deliberation on the application.
8. Other
The City Engineer, Larry Rohrer will be attending this meeting. This
will be a good opportunity for any Planning Commission member who has
a planning related issue to bring it to the attention of the Engineer.
**************** Me************************************************
OTHER INFORMATION
1. Attached for your information is the most recent City Newsletter
dated 1-29-85. This edition highlights an article on the
recommendation from the Council to the Counties on the best solution
for the landfill groundwater contamination problem.
2. Attached for your information is yet another flyer for a rezoning
conference/workshop. It seems that these workshops of various natures
relating to planning items are offered on a monthly basis. Any
Planning Commission member is more than welcome to attend these
workshops, but one should be selective and attend only the workshops
in which they have a sincere interest. The Council has always
endorsed continued education and training of the Planning Commission
members, but if they see one or two members going to workshops every
other week, they may begin to raise some questions about this practice
or request formal reports from the individuals attending such
meetings. The above comments are not intended to discourage anyone
from attending these workshops, but again everyone should be sincere
LAKE ELMO PLANNING COMMISSION MEMO FOR 2-11-85 PAGE 6
about their interests when they register for such conferences.
3. Update on the 2-5-85 City Council meeting.
A. Approved the Slawson large lot subdivision west
of Keats Avenue 1/4 mile south of Highway 36 as
recommended by the Planning Commission at its
last meeting.
B. Formally approved the resolution recommending the
preferred solution to the ground water problem
around the landfill which was discussed in the
attached Newsletter.
C. Further reviewed the office space committee
guidelines and requested that an ad be placed in
the City Newsletter requesting interested citizens
to participate in this committee. Appointment to
this committee will most likely take place at the
March 5, 1985 meeting.
D. Authorized the staff to hire a six week temporary
employee to be added to the maintenance crew. The
need for this individual is a result of the Maintenance
Foreman, Dave Wisdorf resigning. Dave is going to the
City of Mahtomedi to take a similar foreman position.
Additionally, we will be placing advertisements in
relevant newspapers and the League of Minnesota Cities
magazine seeking applications for a Maintenance Foreman.
Applications for the position will be accepted until
March 22, 1985.