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LAKE ELMO PLANNING COMMISSION MINUTES
APRIL 27, 1987
Chairman DeLapp called the Planning Commission meeting to order at
7:30 p.m. in the City Council chambers. Present: DeLapp,
Williams, Bucheck, Raleigh, Reuther, Haacke, Simpson, Hunt,
Stevens, Enes (arrived at 7:53 p.m.), Johnson (arrived 7:41 p.m.),
City Administrator Overby.
1. Agenda
Add: 3A. Ed Stevens Letter, 3B. Contingency Fund of $150-200
M/S/P Hunt/Stevens - to approve the April 27, 1987 Planning
Commission agenda as amended. (Motion carried 9-0).
2. Minutes April 13, 1987
M/S/P Haacke/Raleigh - to approve the April 13, 1987 Planning
Commission minutes as amended (Date on Page 1 corrected to April
13, 1987). (Motion carried 8-0-1<Abstain: Reuther>).
3. Upcoming Requests
a. Special Meeting: Monday, May 4, 1987
7:00 p.m. PUBLIC HEARING: Bergmann CUP Amendment to
allow operation of an asphalt mix plant for six months
as part of the TH36 Road resurfacing project.
b. Regular Meeting - Monday, May 11, 1987
No public hearings scheduled at this time.
c. Rescheduled Regular Meeting - Monday, May 18, 1987
No public hearings scheduled at this time.
A. Ed Stevens Letter
Ed Stevens presented a letter to the Planning Commission members
in which he explained that he has had some difficulty in the past
trying to understand the maps and the information that has been
supplied by people who wish to develop land. In his letter, he
recommends the Springborn application be rejected with a request
to bring the standard of the application up to that of many other
applications (example: Lake Jane Highlands plat map).
B. Contingency Fund of $150-$200
Chairman DeLapp advised the Planning Commission that the Urban
Land Institute and other agencies have literature that is
available on zoning and planning issues. DeLapp suggested to
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 2
Mayor Christ that the City set aside $150-200 for members of the
commission to purchase books or literature. City Administrator
Overby agreed that a Library of planning books should be purchased
and maintained by the City.
M/S/P Williams/Hunt - to request a fund be set up for the Planning
Commission and approved by the City Council for $150 for a
Planning Library. (Motion carried 9-0).
4. PUBLIC HEARING: Preliminary Plat Approval of Phase II,
Springborn's Green Acres
Chairman DeLapp opened up the public hearing at 7:50 p.m. in the
City Council chambers.
Gaylen W. Springborn and Howard C. Springborn have applied for
preliminary plat approval of Phase II of Springborn's Green Acres.
This plan is for 11 single family residential lots in the R1
zoning district. Concept plan approval for Phase I and Phase II
was given by the City on January 3, 1978.
Land Surveyor Bruce Folz presented a concept plan map and
explained there were 12 lots in Phase II. In 1984 Springborns
came in and asked the City to resubdivide Lot 9 in Phase I. The
City Council granted approval to split the lot but required that
they remove one lot from Phase II. The Plan has 11 lots: four
lots on the west side are 1 1/2 acre or larger and have 170-185'
frontage; on the east side the smallest lot is 1.12 acres with
140' of frontage with the remaining six lots having 125' frontage
each.
Father John Burns, resident of the Carmelite Monastery at 8251
DeMontreville Trail, explained how people come to their retreat
house for reflection and meditation. Essential to the operation
of the program is the need for some silence and seclusion.
Because of these needs they were not happy with this development,
but they do not dispute the rights of Mr. Springborn to develop
their property. They would like to request from the Planning
Commission that they require Mr. Sringborn erect a fence which
would separate their property from the proposed development area
in order to maintain some amount of silence or keep out children
from coming onto their land. Another suggestion could be several
rows of trees that would provide a noise barrier near the property
line. Father Burns asked that the City take into consideration
their special needs.
Dan Collyard, 8896 Jane Road N., voiced a concern about the
cul-de-sac and access to the development from his road. Bruce
Folz responded that the public could not access from his driveway,
but he could access Isle Avenue from his property. Also in the
record, it should show that the easement from Springborn's was
granted to the City on Collyard's land. So this is a public road,
but not constructed to City standards. Another concern was about
the runoff from Lot 5 moving towards his (Collyard's) lot, but
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 3
Folz felt berming would direct runoff down Isle Avenue northward.
A.R. (Tony) Maistrovich, 8880 Jane Road N., was in favor of the
development, but had a concern about the cul-de-sac operating
properly and having the future road situation resolved.
Commissionmember Marge Williams asked if the City would require
the Springborns to erect a temporary barricade or do we leave that
to Dan Collyard. City Administrator Overby responded that it
would be the private property owner's responsibility.
Neal Anderson, 5217 Jamaca Avenue N., was in favor of the
development. He suggested the City consider putting a stop sign
at the intersection of Isle Avenue and Jamaca Avenue and consider
posting the speed for Jamaca Avenue.
Chairman DeLapp closed the public hearing at 8:20 p.m.
Marge Williams was not in favor of acting on this tonight because
the City Engineer's letter was not received. Also, since this
development was being allowed under the 1978 concept plan approval
and city ordinance show the need for updating the Comprehensive
Plan as was done in 1986. Another question was what is the
statute of limitations on concept plan applications.
Steve Raleigh asked if the status of this Phase II development is
at the same point as was the status of Phase II of Lake Elmo
Heights because there is a question as to which set of design
criteria should apply to this development. Administrator Overby
explained that we know that the concept approval was given, so the
PUD requirements of 1978 are locked in.
M/S/P Williams/Stevens - to table discussion on the Preliminary
Plat Approval of Phase II, Springborn's Green Acres until the next
meeting where they will make a recommendaton. (Motion carried
8-1<Johnson>)
Marge Williams explained her reason for tabling this was because
they got their packet 3 days before the Planning Commission
meeting. They did not get the City Engineer's report and it is
very important that they spend more time in order to make an
intelligent decision.
Lee Hunt was in favor of tabling any public hearing for two weeks
so they can evaluate any information that comes in during the
public hearing. Hunt also felt they should tell the applicant why
they are tabling it each time. In this case the reason is because
of lack of information. City Administrator Overby felt this
should not he done automatically.
David Johnson opposed tabling because no vote was taken.
5. PUBLIC HEARING: Request for GB Zoning/CUP or Agricultural
Alternative Use CUP --Howard Gelb, 11490 Hudson Boulevard
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 4
Chairman DeLapp opened up the public hearing at 8:35 p.m. in the
City Council chambers.
Mr. Howard Gelb is the new owner (November, 1986) of the former
Lehman Mushroom Company building, located on a 40-acre land parcel
approximately 3/4ths mile north of the I-94 frontage road. The
building was built in 1965 and the addition was made around 1973.
Bill Rosen, Attorney representing Howard Gelb, explained there are
presently six business uses operating in the 65,000 square foot
building, which was used as a cannery, without benefit of a
conditonal use permit. Mr. Gelb is trying to find a method to
have official sanction by the City for the uses that are in th
building now.
1. Tortilla Factory -- 6 employees, 2 bathrooms, no
processing waste (only washing of equipment at end
of the day). Planning to add four more employees
in the next four months.
2. Product Vending Systems -- dry storage space rental
3. Huang Trading Import Co. -- dry storage space rental.
4. Diversified Bank Installations -- contractor for
installation of electronic equipment for banks,
2-3 employees.
5. Nordic Concepts - wood cabinetry manufacturing,
6 employees.
6. Rygmyr Foods -- processing of popcorn into various
manufactured products, 10-15 part-time employees.
Will be moving out of the building in late June.
The applicant wishes to continue using the building and
immediately surrounding area (approximately 5 acres) for rental to
commercial and manufacturing businesses. No expansion of the
existing building size is anticipated.
City Engineer Bohrer's site visit and review comments indicate
that the two existing septic systems are in need of improvement.
This expansion would have to go beyond the 5 acre area where the
conditional uses would be allowed.
Mr. Richard A. Grayson, 201 Midwest Federal Bldg., explained the
background of the Lehman operation. About 1976, Lehman leased the
building to Lyon Foods who sub -leased to Rygmyr Foods. Goods Inc.
was a sub -tenant of Lyons Foods.
Commissionmember Williams stated that CUP's come up for review and
apparently when it came up for review, it was not reviewed or
inspected personally. Other businesses have crept in over the
years and no one was aware of it. Therefore, the City was at
fault for not following up°lthe CUPs. She is not in favor of
n
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 5
increasing business in that area, but feels the current owner is
( not at fault.
City Administrator Overby stated that two land use options have
been identified, either of which would allow Mr. Gelb to continue
using his property to its full extent for non-agricultural
business uses:
(a) Subdivide the 5 acre parcel from the larger 40-acre parcel.
Rezone the 5 acres from the current Agricultural zoning to
General Business zoning. Non -manufacturing business uses
allowed in the GB zoning would be permitted. A conditional
use permit would be needed to allow manufacturing businesses,
or other conditional uses in General Business zoning.
FINDING: The request for rezoning of this 5-acre site from
Agricultural zoning to General Business zoning is not consistent
with the 1986 Comprehensive Plan.
(b) Grant a Conditional Use Permit for the entire 40-acre parcel
to allow alternate conditional uses to operate on the 5-acre
site designated owthe survey of 3-23-87.
FINDINGS:
--All of the landowner's contiguous real estate (40 acres) is
zoned agricultural and would be included in the granted CUP.
--The 5--acre site for non-agricultural business uses exceeds
the 1.5 acre area allowed. The City Council would have to
grant a variance for this requirement.
--The 40-acre parcel size qualifies for an alternative use CUP.
--The landowner is not the owner and operator of the non
-agricultural uses and does not reside on the contiguous
real estate. A variance from the City Council is needed.
--The existing building which will contain the permitted non-
agricultural business uses must be maintained in a rural
appearance. Existing signs must be removed or be
granted a variance from the City Council. Existing
exterior lighting must be removed or disconnected, unless
a variance is granted. The existing building is not an
agricultural style building. A variance would need to be
granted.
--Outside storage of vehicles or goods is not anticipated
at the site at this time. The CUP could be amended later
if this becomes a need.
--A landscaping plan has not been submitted for the 5-acre
non-agricultural use area. A landscaping plan should be
submitted and determined to be adequate to screen the
5-acre site within a time period to be specified by
(
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 6
the City.
--The non-agricultural uses will not require public sewer
or public water.
--The remaining 35 acres should be maintained in accordance
with the required practices of the Soil and Water
Conservation District.
--The proposed non-agricultural business uses to be operated
on a 5-acre site within a larger 4-acre parcel of land may
be permitted with an Alternate Uses CUP and three variances
from code requirements.
Chairman DeLapp closed the public hearing at 9:10 p.m.
M/S/P Bucheck/Enes - to recommend that the City Council deny the
proposed rezoning from Agriculture to General Business zoning as
inconsistent with the 1986 Comprehensive Plan; also, that the City
Council grant the requested Agriculture Alternate Uses CUP to the
Agricultural parcel based on the staff findings and upon granting
the necessary variances. (Motion carried 7-2<Williams, Reuther>).
M/No Second Raleigh/No Second - to amend the motion to recommend
to the City Council that only those uses presently in the building
be included in this CUP.
Ron Reuther was opposed to rephrasing the motion and not the
request itself. Business uses is too vague a term.
Marge Williams opposed the motion, due to lack of time to consider
their request and being unable to walk around the building and
lot. She has a problem with the City's poor system for reviewing
CUPs.
6. PUBLIC HEARING: Preliminary Plat for Lake Elmo Heights,
Phase II (continued from February 9, 1987)
Chairman DeLapp opened up the public hearing at 9:27 p.m. in the
City Council chambers.
This plat was scheduled for public hearing discussion on February
9, 1987.
The City Engineer previously had raised the question of whether
the old Rural Residential cluster development requirements should
apply, or whether the ordinance amended November 18,1986 should be
followed. The public hearing discussion was postponed until after
the City Council made a decision on this question. The City
Council acted on 4-7-87 to grant the variance to allow Lake Elmo
Heights Phase II to be platted under the 1979 Rural Residential
cluster development standards and also acted to deny the variance
to proceed to plat the lots without platting the remainder of the
145 acre parcel as an outlot.
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 27, 1987 PAGE 7
Land Surveyor Bruce Folz presented the plat plan. Poor soils in
south end of the plat may require that plat boundaries be extended
further south.
DeLapp pointed out changing the road width from 24' to 32'. City
Admnistrator Overby pointed out that 24 feet is required in RR
zoning by the Engineering Standards. Bruce Folz stated that these
standards are typical of most communities in the Twin Cities area.
He added, that it might make sense to look at 28' or 24' wide
roadways.
Chairman DeLapp asked why the cul-de-sac was located at the west
end of the plat. Marge Williams would like to see the question of
cul-de-sacs added to the Work Plan.
Chairman DeLapp closed the public hearing at 9:51 p.m.
M/S/P Williams/Bucheck - to table action on the preliminary plat
for Lake Elmo Heights, Phase II until the May llth meeting based
on not having the soils data. (Motion carried 9-0).
7. Minnesota Planning Conference
A three-day planning conference has been scheduled for the evening
of May 6th and all day on May 7th and May 8th. The City
Administrator and Planning Commission Chairman DeLapp will be
attending these programs. Program costs are:
$60.00 for the Planning Conference only; or
$75.00 for both the Conference and the Institute.
M/S/P Johnson/Stevens - to adjourn the Planning Commission meeting
at 9:54 p.m. (Motion carried 9-0).
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
April 27, 1987
7:30 p.m. MEETING CONVENES
1. Agenda
2. Minutes: March 23, 1987
3. Upcoming Requests
7:45 p.m. 4. PUBLIC HEARING: Preliminary Plat Approval of
Phase II, Springborn's Green Acres
8:30 p.m. 5. PUBLIC HEARING: Request for GB Zoning/CUP or.
Agricultural Alternative Use CUP --
Howard Gelb, 11490 Hudson Boulevard
9:15 p.m. 6. PUBLIC HEARING: Preliminary Plat for Lake Elmo
Heights, Phase II
(continued from February 9, 1987)
7. Minnesota Planning Conference
8. Other
9 . Adjourn