HomeMy WebLinkAbout08-24-87 PZMAPPROVED
LAKE ELMO PLANNING COMMISSION MINUTES,,
AUGUST 24, 1987
Chairman DeLapp called the Planning Commission meeting to order at
7:30 p.m. in the City Council chambers. Present: DeLapp, Bucheck,
Haacke, Hunt, Enes (departed 10:45 p.m.), Raleigh, Williams (arrived
8:35 p.m.), Stevens, and City Administrator Overby. Absent: Johnson,
Simpson, Reuther.
1. Agenda
Add: 3. Zoning Inquiry
M/S/P Haacke/Raleigh - to approve the August 24th, 1987 Planning
Commission agenda as amended. (Motion carried 6-0).
2. Minutes: July 27, 1987
M/S/P Raleigh/Stevens - to approve the July 27, 1987 Planning
Commission minutes as presented. (Motion carried 5-0-2<Abstain: Hunt,
Bucheck>).
Minutes: August 10, 1987
Ann Bucheck requested her list of reasons for denial of the
preliminary plat for Packard Park 2nd Addition be attached to the
minutes. Because Ann could not attend this meeting, neighbor Linda
Voge read these reasons at the August 10, 1987 Planning Commission
meeting.
M/S/P Raleigh/Hunt - to table the approval of the August 10, 1987
Planning Commission minutes until the September 14, 1987 meeting.
(Motion carried 7-0).
3. Upcoming Requests
City Administrator Overby reported that Howard Gelb, owner of the
former Lehmann Mushroom building, asked for the Planning Commission's
opinion about what kind of uses the City might allow on a 14 acre
site, which he is looking at purchasing, between Lehmann property and
the frontage road.
Chairman DeLapp felt that Mr. Gelb should add the 14 acres to be part
of his CUP to try to reduce the non -conformity on his alternate
agriculture CUP.
Commissionmember Bucheck suggested raising Christmas trees or a pet
cemetery.
• Administrator Overby reported that Mr. Gelb is aware of what is
-{allowed in General Business. Chairman DeLapp asked that Gelb be more
specific with his ideas and he could call up the members for their
input.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 2
Other
Ann Bucheck will order Flood Plain maps, at no charge, for the entire
Planning Commission.
4. PUBLIC HEARING: Request for Large Lot Subdivision and Request
for Rezoning from Rural Residential to Agricultural; 58.1 acres
at NE corner of 10th Street & 10th Street Lane.
Chairman DeLapp opened up the public hearing at 7:50 p.m. in the City
Council chambers.
Betty Herbert, Realtor for Dayton Hudson, explained that Mr. Hosch
wishes to purchase 58.1 acres of undeveloped land from the Dayton
Hudson Company. The land is located on the north side of 10th Street,
approximately 1/4 mile west of the intersection of 10th Street with
County Road 19B. The property surrounds Goose Lake on three sides;
the southern side of Goose Lake would still have public access via the
rroad right-of-way on Tenth Street (CR 70).
The applicant has two requests:
1. Large lot subdivision to split the 58.1 acres into two
new parcels of 46.9 acres and 11.2 acres.
2. Rezoning of the 46.9 acre parcel from Rural Residential
to Agricultural.
City Administrator Overby submitted the following staff review:
Large Lot Subdivision
(a) Lot size: The 46.9 acre parcel exceeds the minimum lot size in the
Agricultural zoning district. The 11.2 acre parcel exceeds the
minimum lot size in the Rural Residential zoning district.
(b) Lot width: The 46.9 acre Agricultural zoned parcel lot width of
363 feet (between 10th Street Lane and Goose Lake) exceeds the 300
feet minimum. The 11.2 acre Rural Residential zoned parcel lot width
of 425 feet exceeds the 300 feet minimum lot width.
(c) Lot dimensions: The 46.9 acre parcel has a total width of 900 feet
and maximum length (depth) of 1900 feet, which is a 2.1:1 ratio.
There's no maximum lot dimension ratio in the Agricultural zoning
district.
The 11.2 acre parcel has a width of approximately 425.0 feet and a
length (depth) of 1300.0 feet (1362 feet to centerline of CR70), which
is a 3:1 ratio and is well within the 4:1 maximum lot dimension ratio
limit.
(d) Road access: The 46.9 acre parcel will access from the proposed
cul-de-sac at the north end of 10th Street Lane, about 700 feet from
the centerline of CR70. The 11.2 acre parcel will access directly
onto CR70 with a private driveway.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 3
The applicant proposes to rezone 46.9 acres from Rural Residential to
Agricultural. The 1986 Future Land Use Map/Plan shows an Agricultural
Future Land Use for this property. Therefore, the proposed rezoning
would be consistent with the 1986 Lake Elmo Comprehensive Plan.
Mr. Hosch has requested that the city vacate the portion of 10th
Street Lane which is located entirely on this property. If granted,
the City should require that a cul-de-sac turnaround be provided at
the north end of the remaining segment of 10th Street Lane. This
cul-de-sac can be located entirely on the Hosch property, or an
agreement would have to be reached with the property owner of the west
side of the road to obtain a road easement. The location of the
cul-de-sac have to be specified on the Certificate of Survey.
The City Staff became aware that Washington County had not turned back
this road to the City. The County Public Works staff will attempt to
get County Board action on Tuesday, 9-1-87, to approve this road
turnback. If the County Board does not act on the matter prior to the
City Council meeting, then the public hearing should be continued to
such time as 10th Street Lane goes under the City's jurisdiction.
Neighbor R. Forsythe, 9560 loth Street Lane, had no problem with the
proposal.
Chairman DeLapp closed the public hearing at 8:02 p.m.
Ann Bucheck commented on the amount of people that fish along 10th
•Street and if the County should put up "no parking" signs.
•Administrator Overby questioned the width of the road right-of-way on
Cty 70 and whether the easement overlaps onto Goose Lake and provides
a public access. This will be answered when a field check is done.
M/S/P Enes/Haacke - to recommend highly to the City Council to approve
-the rezoning of 46.9 acres of land owned by Robert and Mary Ellen
Hosch from the Rural Residntial to the Agricultural zoning district as
being consistent with the 1986 Lake Elmo Comprehensive Plan and to
approve the large lot subdivision of 58.1 acres into two parcels.
(Motion carried 7-0).
5. Final Plat: Lake Jane Highlands
This request is for Final Plat approval of an 8-lot subdivision
located NE of Lake Jane, on a cul-de-sac off Lake Jane Court.
The Planning Commission reviewed the Preliminary Plat on 1-26-87 and
on 2-9-87. Approval by the City Council was recommended, "contingent
upon the correction of the safety problems that exist upon the hill on
Jane Court North by whatever means the City Council feels necessary
with a recommendation to extend Lake Jane Court to 45th or 47th
Streets, and contingent on the approval of the drainage requirements
by the VBWD".
The City Council approved the Preliminary Plat on 3-3-87.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 4
City Engineer Larry Bohrer reviewed the final plat of Lake Jane
Highlands for conformance to the approved preliminary plat and City
Code., In his Final Plat Review to the Planning Commission, dated
August 24, 1987, he found that the final plat was in conformance with
the approved preliminary plat, but the following must be added to
- conform to the City platting requirements:
1. All lot corners shall be placed and shall be
shown on the final plat. The submitted plat
only shows the block corners.
2. Lot sizes, to the hundredth of an acre, shall be
shown on the final plat.
Ann Bucheck still had a problem approving the final plat because
adding 8 more homes would compound the safety problem of getting up
the hill in the winter time that the homes on Jane Court North has
- now.
- Councilman Dick Johnson felt an attempt should be made to extend the
road out, but the problem is the developer doesn't own the property
and the location of running out the road to Lake Jane Trail and 45th
- Street.
Barb Ilaacke felt that legally this Final Plat should be approved
because there has not been any proven safety problems, but there are
potential safety problems. Barb would like the City Council pay
attention in trying to get Jane Court North to come out to 45th
- Street.
MIS/P Bucheck/Stevens - to recommend to the City Council disapproval
of the Lake Jane Highlands Final Plat because the safety factor of the
street has not been adequately addressed by the City Council and felt
that street sanding is not sufficient. (Motion carried 5-2<Hunt,
Haacke>).
Lee Hunt suggested that the recommendation for approval be contingent
-- -upon City Council correction of safety problems of the street with the
consideration the Commmission does not consider extra sanding to be
-
-the correction.
Mr. Mester asked what will the City do to correct the safety problem
lot the street if Lake Jane Highlands addition didn't go through?
-6. Final Plat: Springborn's Green Acres, 2nd Addition
This request is for Final Plat approval of an 11-lot subdivision
located north of Lake Jane, on a temporary cul-de-sac off of Jamaca
-Blvd. N.
The Planning Commission reviewed the preliminary Plat on 4-27-87 and
45-11-87. Approval by the City Council was recommended, contingent
upon the conditions in the City Engineer's review letter and to look
at an urban street versus a rural street.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 5
The City Council approved the Preliminary Plat on 6-2-87 "as
presented; subject to the lot lines being moved 50 feet to the north
in order to get one acre for septic system on one lot".
City Engineer Larry Bohrer reviewed the final plat for conformance to
the approved preliminary plat and the City Code. The following was
his review to the Planning Commission dated August 24, 1987.
The final plat conforms to the preliminary plat as approved, Lot 1,
Block 1, was increased in size so that it meets the code requirement
or drainfield area. The developer proposed to furnish the city with
permanent road easements sufficient for the temporary cul-de-sac at
the south end of Isle Avenue. This method adequately protects the
City's interest in the cul-de-sac.
Chairman DeLapp brought up if Final Plats should require approval by
the Planning Commission, which has to be signed by the Chairman and
Secretary, because they are only an advisory agency. Bruce Folz
stated that the State law requires that these signatures be on the
plat. Folz suggested changing "approved" to "reviewed". DeLapp had
talked to the State Auditor who said the City can determine anything
they want, but they have to have approval by the City Council. It was
suggested to put this on the next City Council agenda in order to get
a legal opinion for an ordinance change.
,M/S/P Stevens/Haacke - to recommend to the City Council approval of
the Final Plat for Springborn's Green Acres 2nd Addition, subject to
.the permanent road easements for the temporary cul-de-sac on the south
end of Isle Avenue be furnished as recommended in the City Engineer's
report. (Motion carried 8-0).
M/S/P Stevens/Bucheck - to recommend to the City Council elimination
of the Lake Elmo Planning Commission signing off on Final Plats.
(Motion carried 8-0).
7. Review Draft Amendment of General Business
Zoning Ordinance to Allow Retail Bakery Sales
This zoning ordinance amendment request was discussed at the 8-10-87
Planning Commission meeting. The request originally included other
proposed allowed uses: Restaurant -Bakery, Bakery -with Wholesale
Sales, and. a (Catbringic, Business as part of a restaurant, bakery, or
bakery -restaurant operation.
The Planning Commission requested that the City Attorney prepare a
draft ordinance amendment to allow a Retail Sales Bakery in the GB
zoning district; also to comment on the zoning implications of
allowing this "manufacturing use" in GB without a Conditional Use
Permit.
City Administrator Overby explained that he drafted the proposed
ordinance based on the Planning Commission's discussion, but based on
the motion the ordinance did not include catering. The City Attorney
supported this draft in its entirety.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 6
Ed Stevens addressed his concern with the paragraph written by the
City Attorney which he still stands by stating "that as a practical
matter it would be difficult to refuse future rezoning or zoning code
amendment request for other manufacturing purposes when an exception
like this is allowed for no other reason than a desire on the part of
a landowner not to be inconvenienced".
Ann Bucheck also raised the concern about allowing manufacturing uses
(wholesale bakery) in GB without a conditional Use Permit.
Other concerns were if this particular zoning amendment is part of a
larger, unresolved issue "which Industrial zoning district uses should
be transferred to the GB zoning district and which of these uses
should be under a Conditional Use Permit.
Hunt, Bucheck and Stevens felt they would rather see the applicant
rely on a Conditional Use Permit because it is a viable tool which
would allow all of the requests that the applicant wishes to achieve.
The City would have more control with a CUP.
Ed Gorman stated that it was tougher to get financing with a
Conditional Use Permit for a business like restaurants which have an
80 percent failure rate.
The Planning Commission will be considering this question again via a
sub -committee on the following Monday.
M/S/P Stevens/Bucheck - to recommmend to the City Council that the
General Business zoning ordinance not be amended pertaining to uses of
a restaurant/bakery, retail bakery and/or a catering business as a
i part of a restaurant, bakery or bakery -restaurant operation. (Motion
carried 7-1<Haacke: she would like to see Bakery under General
Business now if this means tabling this to have the City Attorney add
the other uses and get soinethingq drafted. She was not recommending this
just to help one person, b`Ut may be accomodating someone who has
brought the request before them rather than tabling indefinitely>)
8. Comprehensive Plan Revisions
A. Appendix B - Housing
This draft appendix was scheduled for review at the 8-10-87 Planning
'Commission meeting, but it was tabled for discussion at this meeting.
The following changes and additons were suggested:
Add:
'Page 45: (generally considered as low moderate income housing)
1Page 46: Change 63 percent to 6.3 percent vacancy.
Ann questioned if we should note it is not ajusted to constant
dollars.
Check into the statement "if Lake Elmo does not contain any publically
assisted housing units" on page 49 be it in rental units or in
purchased units.
LAKE ELMO PLANNING COMMISSION MINUTES AUGUST 24, 1987 PAGE 7
M/S/P Enes/Hunt - to recommend that the City Council approve Appendix
;with the above changes) be submitted to the Metro Council as part of
a Plan Amendment package that will be reviewed in total by the PZC and
CC before it is submitted. (Motion carried 6-1-1 <Williams: wording
is inconsistent with the Rural Centers Metropolitan Framework
Guide --there is a difference between rural urban centers and rural
centers and feels these two have been put together. Abstain: Stevens
abstained because he did not know enough about it to vote>).
B. Appendix C - Local Economy
This draft appendix was last reviewed by the Planning Commission on
11-10-86.
After much discussion accomplishing nothing and ending up with no
agreement between the commission members, the following request was
made by Ed Stevens:
After a revision of a document has been discussed by the Planning
Commission for 30 minutes (time was debateable) without agreement, the
document would come before a sub -committee of 1-3 members which shall
submit a revised draft to the next Planning Commission meeting.
M/S/P Stevens/Haacke - because of failure of the Planning Commission
to reach a consensus of the draft material before them, it will
automatically initiate a sub -committee of 1-3 members to meet and
$'bring back a draft of Appendix C-Local Economy to the Planning
Commission for their review. (Motion carried 6-1<Williams: less likely
1 to have a mandated sub -committee).
C. Review List of Remaining Revision Items
,The purpose of the list was to inform the Planning Commission of the
-remaining revision on items in the 1986 Lake Elmo Comprehensive Plan.
M/SJP Hunt/Bucheck - to adjourn the Planning Commission meeting at
10:55 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.
AGENDA
LAKE ELMO PLANNING COMMISSION
AUGUST 24, 1987
7:30 p.m. MEETING CONVENES
7:45 p.m.
1. Agenda
2. Minutes: July 27, 1987
August 10, 1987
3. Upcoming Requests
4. PUBLIC HEARING: Request for Large Lot
Subdivision and Request for Rezoning from
Rural Residential to Agricultural; 58.1 acres
at NE corner of 10th Street & 10th Street Lane.
5. Final Plat: Lake Jane Highlands
6. Final Plat: Springborn's Green Acres
2nd Addition
7. Review Draft Amendment of General Business
Zoning Ordinance to Allow Retail Bakery Sales
8. Comprehensive Plan Revisions
A. Appendix B - Housing
B. Appendix C - Local Economy
C. Review List of Remaining Revision Items
9. Other Business
10. Adjourn