HomeMy WebLinkAbout07-13-87 PZMAPPROVED
LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987
Chairman DeLapp called the Planning Commission meeting to order at
7:35 p.m. in the City Council Chambers. Present: DeLapp, Williams,
Bucheck, Raleigh, Enes, Stevens, Hunt, City Attorney Knaak and City
Administrator Overby. Absent: Reuther, Simpson, Haacke, Johnson.
1. Agenda
Add: 3A. Tartan Meadows 3rd Addition, 3B. Packard Park
M/S/P Williams/Hunt - to approve the July 13, 1987 Planning Commission
agenda as amended. (Motion carried 7-0).
2. Minutes: June 22, 1987
M/S/P Williams/Enes - to table the June 22, 1987 Planning Commission
minutes until the July 27th Planning Commission meeting. (Motion
carried 7-0).
3. Upcoming Requests
July 27, 1987
PUBLIC HEARING: Comprehensive Plan Amendment to update City's
Functional Road Classification for local and collector streets.
Preliminary Plat -Packard Park 2nd Addition:
Packard Park will be on this agenda because the grading
information was just received.
August 10, 1987
PUBLIC HEARING: Amendments to General Business Zoning District
to allow restaurant -related commercial/wholesale/manufacturing
uses; Ed Gorman
-- 3A. Preliminary Plat, Tartan Meadows 3rd Addition
- The Planning Commission tabled approval of the preliminary plat on
June 22, 1987 until revised grading plan and drainage computations
have been submitted to the City for staff review.
The required information was submitted to the City Engineer the middle
- of last week, but he was not finished with his review as of the
Thursday June 9th mailing deadline so this item was not placed on the
meeting agenda at that time.
The City Engineer has completed his review of the grading plan and
drainage computations as noted in a letter to you dated 7-13-87. City
Engineer Bohrer recommended that the Planning Commission act to
recommend that the City Council approve the preliminary plat. The
• LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 2
Planning Commission did not receive a copy of the revised plat or
grading plans.
- Willard Morton explained that he was in a hurry for approval of his
preliminary plat because he has an opportunity to buy 40-50 large
Evergreen trees about 30 ft. in height. He would like to progress the
project to the point where he can bring in the whole landscaping
concept. This is the additional motivation other than avoiding any
delays because of the rise of mortgage rates.
Marge Williams stated one of the reasons she was in favor of
recommending approval of the preliminary plat was because of all the
developers that have come in Mr. Morton has tried to comply with our
Comprehensive Plan. She recommended an amendment to state that Lots
1,2,3 of Block 1 should not be allowed to have a building permit for
one year until appropriate perk testing will take place.
Lee Hunt was in favor of this proposal, but brought up the City
Engineer Bohrer's recommendation of the grade of llth Street
cul-de-sac and 12th Street cul-de-sac should be lowered slightly so
that the house building pads are higher than the street and drain to
the street. Willard Morton responded that Carl Peterson has been in
contact with Larry Bohrer and they would conform to whatever the City
Engineer's wants.
M/S/P Williams/Raleigh - to recommend that the City Council approve
the preliminary plat for Tartan Meadows 3rd Addition as per the City
Engineer's recommendations dated 6-19-87 regarding the the
buildability of lots 1-3, Block 1 will not have building permits for
one year and until they are able to be determined for drainfield
purposes when the fill settles and percolation tests can be run and
the grade of the llth Street cul-de-sac and 12th Street cul-de-sac
should be lowered slightly so that the house building pads are higher
than the street and drain to the street. The grading plan should also
indicate that areas of fill on Lots 1-3, Block 1 proposed for
drainfields should not be compacted. (Motion carried 7-0).
- 3B. Rezoning Inquiry at 4th Street and Ideal Avenue
The MN Dept. of Transportation is in the process of recoveying
(selling off) property along the old I-94 Northern Route.
They want to know if the City would either grant a lot size
variance or approve the rezoning of a 5.6 acre parcel of land
located south of 4th Street and east of Ideal Avenue. This will
be brought up informally to get the Planning Commission's reaction
to the MnDOT request.
Commissionmember Ann Bucheck felt if the City would be interested in a
fire station there, it should be discussed with the Fire Department.
Commissionmember Williams felt it was perfectly appropriate to see
-- whether the City needs the site, but she did not feel the City should
be pressured into doing anything on that particular property until we
do come up with something solid.
LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 3
Commissionmember Raleigh asked if it would be appropriate to ask for a
letter of evaluation from the Fire Chief or Parks Commission for their
opinion of the site.
M/S/P Stevens/Williams - to have the City Administrator check with
MnDOT to hold off any disposition for a month until the Planning
- Commission can find out what the uses for this project might be and
- give a report to them on whatever uses might be made of this land and
report back to them on August 10th so they can make a decision.
- (Motion carried 7-0).
4. PUBLIC HEARING: (continued from 6-22-87):
Comprehensive Plan Amendment for a Mixed Use Planned Unit
Development at Co. Rd. 19 & I-94; Federal Land Company
The public hearing on this request was opened on
continued over to this meeting in order to allow
chance to comment on the matter. Notices of the
hearing were not sent prior to that meeting, but
regard to the continuation of the public hearing
meeting.
June 22, 1987 and
adjacent landowners a
6-22-87 public
now have been sent in
discussion at this
M/S/P Hunt/Raleigh - to remove from'the table the Public Hearing
(continued from 6-22-87) for Comprehensive Plan Amendemnt to allow a
Mixed Use PUD at Co. 19 & I-94; Federal Land Company. (Motion carried
7-0).
There was no one in the audience to speak -or ortagainst'the proposal,
Charles Bartholdi, attorney on behalf of the Federal Land Co.,
indicated that an application was originally made on this matter in
1980. It was tabled at that time pending alignment of County Road 19.
Once the alignment of County Road 19 was resolved, they did come back
in and a public hearing was held on 6-22-87. Mr. Bartholdi felt that
they did discuss their reasons quite thoroughly last time and had
nothing further to add. Therefore, he requested that the Planning
Commission proceed with approving their request for an amendment to
the Comprehensive Plan.
Chairman DeLapp closed the public hearing at 8:12 p.m.
Commission member Ed Stevens read a draft motion for denial. Stevens
also commended the City Administrator for a very detailed staff
review.
Commission member Ann Bucheck stated that at this point they would
have to be changing the zoning of this property and because of the 11
findings found to be in conflict with the comprehensive plan, she does
not feel it is proper because it would be changing a large part of
what is stated in the plan.
Commission member Lee Hunt added that to amend our comprehensive plan
at this point, something that has been worked on and revised over the
last five years which at no time we have claimed any other use for
that land or never a promise for any other use for the land. He saw
1
LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 4
no compelling reason for change and felt the comprehensive plan should
stand as it is. The applicants knew what they had, and the
comprehensive plan existed since 1979 as its potential use.
Chairman DeLapp suggested as a 12th Finding what City Administrator
Whittaker stated in the approved minutes of November 24, 1980 "the
only conditions under which the City should consider amending a
Comprehensive Plan is when they are changing conditions from when the
Comp Plan was approved". The Commission felt adding this item would
needlessly complicate things even though they agreed with the
philosophy.
M/S/P Stevens/Williams - The City Administrator has prepared a 7 1/2
page review of this application dated June 22, 1987 and the many areas
in which this application conflicts with the provisions and stated
aims of the Comprehensive Plan. We agree with that study and
expressly adopt its factual findings as the findings of this
Commission. We do not recommend that the City Council amend the 1986
Comprehensive Plan to allow a PUD Land Use proposed at the Federal
Land Company site. (Motion carried 7-0).
M/S/P Hunt/Bucheck - to recommend to the City Council
General Concept Plan for the Federal Land Company PUD
Land Company site based on our Comprehensive Plan and
Findings by the City Administrator found in the staff
22, 1987 and accept these findings as the findings of
(Motion carried 7-0).
denial of the
on the Federal
the 11 Items of
review of June
the Commission.
The Planning Commission minutes will be approved before the Federal
Land Application goes before the City Council which will be on August
4th, 1987.
5. Site and Building Plan Review, Proposed Zoning Ordinance
Amendment - Bakery & Administrative Center Additions to
White Hat Restaurant; Ed Gorman
EdeGorioan etthedapplicant�r a not present for the meeting.
p p d discus e by the Planning Co*mission on
June 22-87. Action on the Site & Building Plan Review was tabled
until a legal opinion was received from the City Attorney in regard to
how the proposed additions and commercial/manufacturing uses comply
with the existing City zoning ordinance.
Mr. Gorman proposed that the zoning ordinance be amended to allow a
bakery use in the General Business zoning district without the
requirement of a Conditional Use Permit. Changing the zoning
ordinance for this example raises the question of what type or scale
of bakery operation would be suitable as an independent business or as
part of an existing restaurant business.
Another question raised by the proposed zoning ordinance amendment
refers back to an earlier discussion by the Planning Commission as to
•which industrial zoning district uses (including bakeries as a
1 manufacturing use) should be put in the General Business zoning
district and also whether these transferred uses should be limited by
a Conditional Use Permit Process.
LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 5
In City Attorney Knaak's letter dated July 9, 1987 to the City
Administrator, Knaak stated that if the purpose of the Gorman bakery
will be the sale of the manufactured goods, in this case bakery items,
the bakery would require a Conditional Use Permit to operate under the
City Code. If Mr. Gorman's intention is simply to utilize the baked
goods in the addition as part of the preparation of food for the menu
for the White Hat Restaurant and, therefore, a a merely incidental
part of the overall restaurant business currently being operated, he
would not interpret that operation to come within "manufacturing"
under the code. If any of the items baked in the bakery on the
premises are offered separately to the public for sale, a Conditional
Use Permit must be required by the City.
Knaak further stated that the Conditional Use Permit process allows
the City to review the nature of the business use and to ascertain
whether Code provisions and any other conditions provided for in the
Conditional Use Permit are being complied with. That degree of
control could not be exercised with the same degree of flexibility if
this form of manufacturing were simply permitted as a General Business
use. It would be difficult to refuse future rezoning or zoning code
amendment requests for other manufacturing purposes when an exception
like this is allowed for no other reason than, apparently, a desire on
the part of a landowner not to be inconvenienced. Knaak did not
recommend amending the Code to accomplishlhis purpose.
Mr. Gorman had stated previously that if he had to have a Conditional
Use Permit this would be putting him under a hardship because he
cannot afford this addition and would have to borrow money. This would
be depriving him of this because a lending institution would not allow
him to borrow money if he operated under a CUP.
Marge Williams felt they had to look at the requested rezoning if it
fit in that area. If it was rezoned and the "baking" business was
sold, it could become something a lot less desirable and the City
would not be aware of it. A CUP allows most control with the least
amount of problems for the City and would give use of his land with
acknowledgiing to the City what he is doing with it and how much he is
developing it. Change of the nature of the business would affect the
number of hours of operation, large trucks coming in and the affect on
the septic system and on the homes behind the bakery.
M/No Second Raleigh - Based on the City Attorney's opinion on the
City's zoning ordinance on this issue referencing paragraph #5 of his
letter dated July 9, 1987, the Planning Commission recommend:-. to the
City Council no amendment to the zoning code be considered at this
-time and the Planning Commission consider Mr. Gorman's application
under the current zoning code unless there is express direction from
the City Council to do otherwise.
Marge Williams suggested that Ed Gorman specify how he wants the code
amended in order for the staff to write the public hearing notice.
Councilman Richard Johnson explained that in the telephone poll he was
asked if General Business should be changed to include a bakery
LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 6
operation which the definition he had was a "small town" retail bakery
operation that makes what it sells. If the definition is a
manufacturing operation then that would be different.
City Attorney Knaak stated that if you are going to make amendments to
permit this activity in General Business, then the more specific you
- are when you do it the better off you are. Once the decision is made
that this is not going to be a Conditional Use permit activity, we are
going to carve out an exception to CUP for manufacturing. The problem
is you cannot treat later rezoning requests differently. It is the
City Attoney's understanding that the Planning Commission always keeps
an open mind on issues which come before them and never pre -determines
the matter before its recommendation.
Ann Bucheck explained that Mr. Gorman had made a statement that he did
not see what was wrong with him selling his bake goods to other stores
if other people wanted to buy them because the Lake Elmo Inn at this
time is making pies, cakes and chili and giving it to a store in Lake
Elmo so they can resell it. Knaak responded that as the code states,
the Lake Elmo Inn would need a CUP. If there is a complaint, it is
the responsibility of the staff to uphold the ordinance of the City
and to see the code is enforced.
- Marge Williams commented that it is not the Planning Commission's area
to be concerned about whether or not he gets a loan for his business
or if our zoning would affect their loans. She would favor tabling
further discussion until the public hearing is heard.
M/S/P Williams/Bucheck - to table action on the Site and Building Plan
Review until the required information has been submitted and until the
zoning ordinance amendment request has been resolved. (Motion carried
7-0)
,6. Update on Metro Council Strategic Planning
•This subject was discussed at the June 8th meeting. It was agreed
that Commission members would note their own areas of interest,
--•prioritize the issue areas, and add new issue areas if needed.
M/S/P Stevens/Williams - to postpone discussion until the July 27th
--Planning Commission meeting. (Motion carried 7-0).
-•7. U.S. Supreme Court Land Use Decision
On June 10, 1987 the U.S. Supreme Court handed down a decision which
- could have a significant effect upon the abiity of local government
• units to regulate land use. The Court ruled that property owners are
- entitled to compensation for the monetary damages caused during the
time period under which governmental regulations deprive them of
--reasonable use of their land.
City Attorney Knaak commented that the old rules still apply, only
-more so. He suggested the Commision be cautious in downzoning
( situations to preclude any and all uses. Overly restrictive kinds of
plans or ordinances may also require compensation. He felt that the
-• LAKE ELMO PLANNING COMMISSION MINUTES
JULY 13, 1987 PAGE 7
law in Minnesota already has been, to a large extent, like this. It
eliminated the blanket exclusion on compensation. It does not hurt a
short-term moratorium. There is no question that this limits the
city's authority and leaves the law unclear. It will renew the
enthusiasm of developers to agrue constitutional questions.
8. Stillwater Area Economic Development Corporation Report:
Star Cities Commission Proposal
Rob Enes, Lake Elmo's representative on the SAEDC, handed out
information with a list of people who make up this organizaton. A
corporation was formed to promote development in nine communities
without LULU's (local unwanted land usages). Within the framework
there are subcommittees and Enes is on the Marketing Committee. Rob's
role is to monitor what is included in the Star Cities information
and try to mesh together "pro and anti -development" philosophies.
The Planning Commission agreed that they did not want to see Lake Elmo
as a Star City because of our Comprehensive Plan and want to stay
rural in atmosphere. The timeline to a model ordinance and funding
request would be at least two months. Marge Williams felt that Lake
Elmo should not be involved because the association would mean we
agree with their concept. Rob stated the City Council would not
support involvement and he felt we should keep a City representative
on the Board. Ed Stevens suggested a non -development committee be
formed with Afton, Lake Elmo, West Lakeland and Grant Township.
It was suggested that as a private citizen one should write a letter
addressing the concern on how our tax dollars are being used and the
use of County staff time.
Lee Hunt felt that there was information missing at this time and it
was too early to make a decision, but he does not support a Star City
proposal without hearing more about it. He would not recommend at all
to the City Council that we participate in it, but merely continue to
monitor what is going on.
The Commission would like a Developer's Corporation representative
make their pitch to them before the Planning Commission makes a
recommendation to the City Council.
M/S/P Bucheck/Hunt - to commend Rob Enes for all his hard work and for
the good job in standing up for Lake Elmo's concept. (Motion carried
7-0).
M/S/P Bucheck/Hunt - to adjourn the Planning Commission meeting at
10:45 p.m. (Motion carried 7-0).
'1
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.
7:30 p.m.
AGENDA
LAKE ELMO PLANNING COMMISSION
JULY 13, 1987
MEETING CONVENES
1. Agenda
2. Minutes: June 22, 1987 (to be mailed out)
NOTE: clarify the June 8th amendments.
3. Upcoming Requests
4. PUBLIC HEARING: (continued from 6-22-87):
Comprehensive Plan Amendment for a Mixed Use
Planned Unit Development at Co. Rd. 19 & I-94;
Federal Land Company
5. Site and Building Plan Review, Proposed Zoning
Ordinance Amendment - Bakery & Administrative
Center Additions to White Hat Restaurant;
Ed Gorman
6. Update on Metro Council Strategic Planning
7. U.S. Supreme Court Land Use Decision
8. Stillwater Area Economic Development Corporation
Report: Star Cities Commission Proposal
9. Other Business
10. Adjourn