HomeMy WebLinkAbout04-11-88 PZM-vd UJLu rOI ,
LAKE ELMO PLANNING COMMISSION MINUTES.
APRIL 11, 1988
Chairman DeLapp called the Planning Commission meeting to order at
7:32 p.m. in the City Council chambers. Present: DeLapp, Williams,
Bucheck, Haacke, Stevens, Hunt, Kunde, Enes (arrived 8:00). Absent:
Johnson, Johnston, Simpson.
1. Agenda
M/S/P Hunt - to approve the April 11, 1988 Planning Commission agenda
as presented. (Motion carried 7-0).
2. Minutes: March 28, 1988
M/S/P Stevens/Kunde - to approve the March 28, 1988 Planning
Commission minutes as amended. (Motion carried 6-0-1<Abstain:
Haacke›).
3. Comprehensive Plan Review - Progress Update
Planning Commission member Marjorie Williams gave the following update
on the appendices. Approved appendices are: Natural Resources,
Transportation Facilities, Recreation Facilities. Sewage Facilities
was not updated.
At the April 5th City Council meeting, Bruce Folz stated that the
inventory of available R1 and RR lots were inadequate and suggested
the City take a look and get a proper inventory in order to relate to
reality. The Planning Commission felt the figures that Dan Novak and
Bob Overby have stated in the Lake Elmo Acreage Inventory are true and
correct.
M/S/P Stevens/Bucheck - to ask Dan Novak to testify at the City
Council meeting as to the accuracy of the numerical plat map to the
City Council and to ask the Building Official not to redo this study
except to update it. (Motion carried 8-0).
M/S/P Bucheck/Hunt - to direct Marge Williams to proceed with the
Comprehensive Plan assuming that the numbers we have for the Lake Elmo
Acreage Inventory of 1986 are true and correct and for Marge to place
these numbers into the Comprehensive Plan. (Motion carried 7-1<Haacke:
would like to wait until the Council votes on it›).
Marge asked if the Commission members would look to see if they had a
copy of the revised Future Land Use Map dated 10-20-86 so she could
incorporate this into the Plan. At this point, our Future Land Use
Map, until it has been approved by the Metropolitan Council, is
essentially the same Land Use Map as in 1979. Marge will be working
the next two weekends on the Comp Plan and would appreciate any
comments/criticism and help from the Commission members to finalize
the Plan.
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 11, 1988 PAGE 2
M/S/P Stevens/Haacke - to recommend that the Planning Commission send
to the Metropolitan Council for their review our Comprehensive Plan,
as they have put it together right after the next two City Council
meetings, and to make adjustments for Residential Estates Zoning as
part of the Plan if the City Council directs them to. (Motion carried
7-1<Bucheck: she wants to make sure the Comprehensive Plan gets
approved without anything new added to it>).
4. Residential Estates - Fourth Draft
Steve DeLapp asked if the Metropolitan Council considers Rural
Residential a "holding zone" and Marge responded' she has never seen
it in print or heard them mention it. Thereason for RE Zoning on Hwy
36, 5 and I-94 and not giving all RR landowners the RE zoning option
is based on the "stage growth" rationale.
Marge found there are a significant number of communities that are
continuing to build houses closer to the Freeway than we would ever
consider and we have a much wider corridor --easement of the slope --and
a larger acreage allotment.
A. Road & Tree Study
Ed Stevens handed out the Landscape Policy from the City of Eagan and
the Tree Replacement Policy from Eden Prairie. Ed called the
Metropolitan Council library, and they had no listing of communities
that had regulations compelling developers to put in shade trees in
new developments. The information the American Planning Association
had was at least ten years old. A copy of the Minnesota Statues
Chapter 412, Subd 8. Parks, trees: (The Council shall have power to
provide for, and by ordinance regulate, the setting out and protection
of trees, shrubs, and flowers in the city or upon its property) was
made available to the Commission.
Ann Bucheck and Barb Haacke felt the people have the right to
landscape to their own personal preference rather than have
restrictions of what type of trees or where they should be planted. Ed
felt what the PZ was trying to do with this ordinance is not to compel
the homeowner to put the trees in, but to have the developer at the
time he puts the streets in also put the trees in.
Marge Williams jokingly stated that, as a Real Estate agent, she
doesn't receive calls asking if she has some bare land without any
trees for sale. The calls are usually for land with trees --which is
highly desirable. Marge suggested we could have a developers
agreement requiring a certain amount of trees when they bring the plat
in. Two problems were brought up: If we can require landcaping in
commercial areas, why cannot we require it in residential areas; and
could we have directories on where to buy trees at a reasonable
cost --not fair to require -tree -size. snecifv mature trees.
Lee Hunt asked "how much regulation is too great" and "how much is
really enforceable"? A reasonable landscape plan presented with the
house would at least keep the neighborhood looking good. Ed Stevens
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 11, 1988 PAGE 3
expressed his problem with the word "reasonable" because it is up for
interpretation and by putting down a certain minimum we could get out
of the problem of interpretation.
Rob Enes felt Willard Morton did a nice job on Tartan Meadows Third
Addition by uniquely placing nice size trees.
DeLapp felt in addition to a landscaping plan that has to be submitted
with a development, he could provide for screening between buildings
and require a developer to place a specified number and spacing of 6
foot high, 1 inch caliper trees inside the City's 60 foot easement.
Councilman Johnson asked if any other City requires landscaping plans
and he suggested asking the City Attorney if this requirement is
defensible? Johnson suggested these requirements be put into
convenants.
Chairman DeLapp explained that the Maintenance Foreman wants the trees
back 12 feet. If you have a 24 foot wide road and you go back 12 feet
on either side, you have a total of 48 feet between trees. This would
put them inside the City's easement and still leave plenty of room for
plowing.
Bucheck didn't feel Special Condition D3 was appropriate because we
don't have any kind of landscaping guide to show the developer when
they come in. Lee Hunt felt an acceptable landscaping plan could call
out areas for sod, potential flower beds or trees ---something that
would state that this is not going to be raw dirt for three years.
This Special Condition is open for interpretation.
any kind of requirement you have on
Barb Haacke did not like the idea of an approved la lscaping plan for_
ccreed--bu448i g-s, questioned who is going to approve it, and how
are you going to enforce it. placing trees.
Minor corrections (Add wording of sq.ft, maximun, nominal) were made
on the Residential Estates Zoning.
M/S/P Stevens/Hunt - to approve the corrections as suggested made on
Residential Estates (See Exhibit A). (Motion carried 6-2<Bucheck: she
was in favor of Ed's changes, but since she did not vote in favor of
the entire draft, she must vote against his changes; Haacke: since she
was not at the meeting and didn't have the opportunity to vote against
the zoning --which she would have voted against because she disagreed
with Special Condition D3 >).
Chairman DeLapp had talked to the County Engineer, a Professor of
Transportation who was noted in an article in the New York Times last
Thursday who happened to be in St. Cloud, and discussed with the
former President of the North Oaks Homeowners Assoc. who is a Civil
Engineer on the subject of road width. In North Oaks the original
dead-end roads are 16 feet wide and the original windy/curvey roads
that wrap around the lakes are 18 feet wide. The main arterial road is
28 feet wide. The roads that have a series of houses on it, but are
just restricted to people that live there, are 20 feet wide with
sloped edges for water. The general consensus of the people were the
16 foot were £-azreable, 18 foot wide are not safe because they have
farcical
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 11, 1988 PAGE 4
trees and brush that cover the roads. The new rule in North Oaks is
everybody has to cut all the brush for a height of 10 or 12 feet high
within 5 feet of the road. North Oaks is not a City --it is a private
organization that owns all their own roads and pay for their
snowplowing and don't have to meet any State ordinances.
DeLapp stated if we want to have roads that are exceptionally narrow
or exceptionally slower than 30 mph, the only way this can be done is
to call it an "alley". If the City goes below 22 foot roads, DeLapp
felt we wouldn't be able to get our insurance companies to go along
with this for new roads. The law has adopted 22 feet and whatever is
necessary to take care of drainage on the sides.
Lee Hunt felt as long as our policy and fire departments felt 22 feet
would be a reasonable size with some form of shoulder area for
pedestrians, he would support it. Ed Stevens stated this would be a
30 foot road bed with the center being 22 feet of blacktop. DeLapp
explained that MSA roads are 24 feet wide and are designed for 55 mph.
He would like to recommend to the City Council to allow 22 foot wide
roads in RE zoning with 4 foot shoulders and drainage requirements
that would provide adequate means to keep water off the roads.
Ed Stevens suggested the Planning Commission recommend going with the
minimum State approved standards. (They would like to have 22 feet of
blacktop with as much shoulder as the City Engineer believes is
necessary). Ed suggested the addition of no more than 200 feet shall
be a complete straight line.
Lee Hunt suggested passing on the RE Zoning to the City Council
without the road change because he would like to consider further the
curvy road effect.
5. Sign Ordinance Review
The Planning Commission reviewed the sign ordinance and made the
following comments.
Lee Hunt felt they didn't want to eliminate all temporary signs, but
wanted to limit them. Lee would like to see temporary business signs
arc -allowed for a period of 30-days.
Marge Williams explained that the county has a sign ordinance
regarding putting political signs or garage sale signs on telephone
poles. If the County comes by and sees these signs, they remove the
signs immediately.
Since she shops in downtown Lake Elmo, Marge felt at night Lake Elmo
Avenue becomes almost dangerous because of the amount of little signs
and lights. Marge has received complaints from people in the area of
Hardwood Lumber and the Gerbitz Company because they feel the City
lets these businesses expand and expand and nothing is ever done about
it. They also felt downtown Lake Elmo has become so urbanized with
all the lights and signs.
The consensus of the Commission felt that under all zoning districts
LAKE ELMO PLANNING COMMISSION MINUTES APRIL 11, 1988 PAGE 5
temporary signs are not permitted. (See Exhibit B)
M/S/P Hunt/Enes - to forward the proposed 505 Sign Ordinance, which
would replace the existing Sign Ordinance, to the City Council for
their approval which includes the addition of Item E.4. No temporary
signs are allowed in any zoning district. (Motion carried 8-0).
6. Other
Lee Hunt and Steve DeLapp had put together information concerning
Section 32 which included the Flood Plain Map, Findings of Fact on Tax
Increment Financing and the PZ's recommendation together with the
Planning Commission and City Council minutes and passed this
information onto the Council so they would have the entire discussion
to review. This will be discussed at the -ikAT t-Meeting on April 19th.
City Council
7. Adjourn
M/S/P Hunt/Williams - to adjourn the Planning Commission meeting at
10:30 p.m. (Motion carried 8-0).
EXHIBIT B
Approved 4-11-88
FOR REVIEW BY THE LAKE ELMO PLANNIN(' COMMISSION 3-28-88
Draft No. 1, March 26, 1988
505 SIGNS
505.010 The purpose of this Section is to protect and
regain the natural and scenic beauty of the roadsides
throughout the City. By the construction of public
roads, the public has created views to which the public
has a right, and it is the intent of these standards
to prevent the taking of that right.
505.020 Limitation. No signs, signposts or structures
displaying identification or other matter shall be
erected, attached to or maintained on property within
the City, except as permitted by the provisions of this
Article.
505.030 Zoning districts and allowed signs.
A. Public zoning districts: signs not exceeding
four (4) square feet in area and not exceeding one (1)
sign for each street frontage.
B. Agricultural zoning district: signs not
exceeding four (4) square feet in area and not exceeding
one (1) sign for each street frontage.
C. Residential zoning districts:
1. Professional signs: signs not exceeding
one (1) square foot in area to identify permitted
professions or home occupations.
(1)
2. Lawn signs: signs not exceeding one (1)
square foot bearing the name of the property and that of
the owner or occupant.
D. Business zoning districts:
1. No sign shall be erected, lettered or other-
wise displayed in a business zone,or on any parcel in a
residential zone that contains a legally nonconforming
business or commercial use,unless unless a written
application for a sign permit has been made and a sign
permit issued by the City Council.
2. Each written application shall show the
method of attaching the sign to the building or other
support in detail, and the Building Official shall
determine the adequacy and safety of said method before
action by the City Council.
3. No sign shall be located more than four (4)
feet above the top of the door or window on the ground
floor of any building and no sign shall extend above the
eave line on any building. This applies to signs attached
or separate from the building.
4. No sign shall exceed twenty five (25) square
feet.
5. All signs erected on a single platted lot,
irrespective of the number of businesses conducted thereon
shall not exceed a cumulative area of twenty five (25)
square feet.
(2)
4
1
6. Illuminated signs which are visible from a
public space may be lit during normal business hours,
directly or indirectly, by white lights only and no
words, figures, characters or representations may be
illuminated by any method involving the use of neon, argon
og othe37 gees.
7. No signs which flash, move or give the
impression of movement in any fashion shall be permitted.
8. Each nonconforming sign under 505.030.D
shall be completely and totally removed at such time as the
place of business which such sign identifies shall change
in ownership or occupancy, subsequent to the effective
date of these regulations.
E. All zoning districts:
1. "For sale" or "for rent" signs not exceeding
four (4) square feet in area and limited to one (1) sign
per lot. Signs may not be located within street right-of-ways.
Signs must be removed at the time further offers are not
being accepted.
2. Political signs may be placed with permission
of the Owner on private property that is not tax exempt in
accordance with State Statutes. Signs may not be placed in
view of the public until 45 days preceeding and election
and must be removed within seven (7) days following and election.
Signs not inaccordance with this regulation may be
removed by the City at the expense of the responcible party.
of -way.
district.
3. Signs must be located behind the street right-
4. No temporary signs are allowed in any zoning
(3 )
505.040 Nonconforming signs
A. The Building 0f£icalshall make a complete list
of all nonconforming signs and shall update such list each
January.
B. No nonconforming sign under 505.shall be
altered in any way by painting, lighting or any other
manner which shall change the construction, design,
wording or structure of such sign as the same
exists at the effective date of these regulation, except
as ordered by the Building Official for reasons of
public safety.
C. Each nonconforming sign under 505 shall be
completely removed at such"time as the current ownership
or occupancy changes. subsequent to the effective date
of these regulations.
505.050 Street signs
A. Nothing in this Ordinance shall be construed
as limiting the ability of the City in the Placement of
street signs by the City, County, or State.
505.060 Fees
A. The City Council may determine and fix fees
to be charged for the use of the City upon issuance'of
a permit under 505.030.D of these regulations, the
schedule of which fees shall be filed for public record
in the Office of the City Administrator within a reason-
able time after their adoption by the Council.
(4)
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 11, 1988
7:30 p.m. MEETING CONVENES
1. Agenda
2. Minutes: March 28, 1988
3. Comprehensive Plan Review - Progress Update
4. Residential Estates - Fourth Draft
A. Road & Tree Study
5. Sign Ordinance Review
6. Other
7. Adjourn