HomeMy WebLinkAbout01-22-90 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 "Requet 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
JANUARY 22, 1990
7:30 P.M.
1. Agenda
2. Minutes: January 8, 1990
3. Election of Officers (continued)
(1) Chair
(2) Vice Chair
(3) Secretary
4. Public Hearing River Valley Christian Church
Rezoning from Rural Residential to PF
5. Public/Private Facility draft ordinance
6. Other
7. Adjourn
„ lI,i
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DATE APPROVED:
DATE ISSUED: 2-9-90
LAKE ELMO PLANNING COMMISSION MINUTES
JANUARY 8, 1990
1.-22-90
Vice -Chair Steve DeLapp called the Planning Commission meeting to
order at 7:36 p.m. in the Council chambers. Present: DeLapp,
Bucheck, Conlin, John, Haacke, Johnson, and Acting Administrator Mary
Kueffner. Absent: Stevens, Enes.
1. AGENDA
Add: 8A. Work Plan, 8B. Set Public Hearing for Planned Unit
Development Ordinance.
M/S/P John/Johnson - to approve the January 8, 1990 Planning
Commission agenda as amended. (Motion carried 5-0-1: Abstain: Haacke:
She was not at the last PZ meeting when PUD's were discussed).
2. MINUTES: December 11, 1989
M/S/P Bucheck/Johnson - to postpone consideration of the December 11,
1989 minutes until Item 6. (Motion carried 5-0-1: Abstain: Haacke)
All of the
recall all
Discussion
Therefore,
PF discussion was not recorded. The Commission tried to
of the changes made to the draft ordinance, but could not.
on P and PF ordinances will continue at this meeting.
the following motion was made.
M/S/P Bucheck/Johnson - to approve the December 11, 1989 Planning
Commission minutes as amended. (Motion carried 5-0-1: Abstain:
Haacke).
3. ELECTION OF OFFICERS:
1. Chairperson
2. Vice -Chairperson
3. Secretary
Chairman Rob Enes notified the Vice -Chair he would arrive at the
meeting around 8:30 p.m. Therefore, the following motion was made.
M/S/P John/Haacke - to postpone consideration of Election of Officers
until Agenda Item 6 or arrival of a seventh member. (Motion carried
6-0).
4. CONCEPTUAL REVIEW: Church as temporary use in GB Zoning District
David Johnson, formerly of Connco Shoes, explained the retail
operation of Connco Shoes was sold in November and what remains is a
property management Company named OWJ, Inc. They have a 67,000 sq.ft.
building and now have a 30,000 sq.ft. empty space within that
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 8, 1990 PAGE 2
building. Johnson has received a request from the Church of Mt. Zion
to allow it to lease for three years 11,000 to 12,000 sq.ft. of the
Connco Building. As owners of the building, they have no problem with
this proposal.
Pastor Bob Worwick and Church Board Member, Ken Morris, indicated the
Church has a membership of about 300 and are currently using a school
in Woodbury to meet. They will use the offices that are there for
offices and Sunday school rooms. The shoe store will be their meeting
room.
The Commission discussed the effect on the septic system, signs, and
parking area. Prior to the meeting, City Engineer, Larry Bohrer,
verbally indicated to the Acting Admin. that there would be no problem
with the sewer system for this proposal.
Staff commented they had no objection to the interim use because it
was an allowed use (Refer to Page 301-38, GB Zoning, a. permitted uses
and structures, (e) religious uses). They did not want the assumption
to be made, since they are leasing the building for three years, that
they would get a rezoning to PF. The City would not want to lose the
commercial tax base.
The Commission explained to the applicants if the church is interested
in buying the building, they should come back before the PZ to discuss
rezoning.
The Commission had no problem with this request for a church, as a
temporary use, in the OWJ, Inc. building at the corner of 694 and 94
in the General Business Zoning District. They suggested staff check
with Council members to see if they had any problem with it.
M/S/P Johnson/Haacke - to recommend this request for a church as a
temporary use in the GB Zone•be handled administratively as far as the
lease is concerned. (Motion carried 6-0).
5. George Krueger - Large Lot Subdivision
George Krueger is asking for a large lot subdivision; subdivide a 12
acre parcel from the approximate 60 acres that he owns. Mr. Krueger
would retain the 12 acres because he farms this and would like to keep
the trees he had planted in the bacic of the parcel. He will sell the
remaining 47+ acres for one single family residential unit.
The code allows for a 4:1 ratio, and what Mr. Krueger proposes is
approximately 4:85 to 1; therefore, he would need a variance for lot
ratio on both parcels. Staff pointed out Section 401.280E gives the
PZ discretion to hold a public hearing on an application for a
variance "if the PZ finds that the variance, if granted, may have a
substantial effect on the public interests or rights of other property
owners".
The consensus of the Commission was to include the variances in the
public hearing.
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 8, 1990 PAGE 3
The Commission noted that the driveway would be approx. 1600' long.
M/S/P Johnson/John - to direct the staff to call a public hearing for
February 12th for a Large Lot Subdivision, including the variances for
the 4:1 ratio on both lots. (Motion carried 6-0).
6. PUBLIC (P) and PRIVATE FACILITIES
M/S/ Bucheck/John - to incorporate discussion in PF zoning district
into the 12/11/89 minutes
Bucheck and John withdrew this motion. The Commission decided to
approve the 12/11/89 Draft of the PF Ordinance and continued on with
the discussion.
Discussion followed on: Suggested wording in District Requirements
"(nominal) minimum 10 acres" be included. Should septic requirements
be inserted under General Conditions. Section of the State Statutes
on cemeteries should be reviewed. Should uses for government owned
land and facilities be permitted under a CUP.
Refer to Draft Ordinance of PF and P, PZ Meeting of 1/8/90 reflect
the Commission's changes.
For the next meeting, PZ members should come up with a list of
conditions they think are appropriate for Public Facilities. The
General Conditions will be the same as in Private Facilities, but the
Specific Conditions are not appropriate.
The Commission suggestedasking the City Attorney whether you can
require another government body to operate under a CUP.
M/S/P Bucheck/Conlin — to request permission from the Council to ask
the City Attorney the following questions: Can we restrict any other
governmental units in the way they use the land in Lake Elmo and where
they use it under zoning ordinance (P) Public Facilities. If so, is
it appropriate to put conditions on restrictions. (Motion carried
6-0).
The Commission was asked to think about another classification called
PU Public Utiities and how should they accommodate essential services
in this category.
Dick Johnson indicated the Commission needed to review the ordinances.
An example given was Section 301-070 Zoning Districts, Page
301-28--there is only P listed and would have to change to PF and the
definition for P would have to change.
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 8, 1990 PAGE 4
7. COMPREHENSIVE PLAN
Councilman Todd Williams encouraged every PZ member to attend at least
one PZ seminar every year they are on board. Todd felt even the
experienced members would get additional insight and knowledge at
these various seminars. The City staff will inform the PZ when they
come up.
Williams urged the PZ to follow the direction given by the City
Council at its November 21st meeting. The Council requested the PZ to
come to a consensus on any changes on the Plan they feel should be
made. The consensus does not have to be 100% unanimous.
The PZ called a workshop on the Comprehensive Plan for Thursday,
1/11/90, at 7:00 p.m. in the Conference Room at City Hall.
8. OTHER:
A. WORK PLAN:
The Commission agreed the Work Plan will not be discussed until the
Comprehensive Plan is completed.
B. Set up a Public Hearing for PUD's
The Commission requested setting up a public hearing for elimination
of the PUD. Staff suggested waiting because "The Forest" application
is in the final stages of a Planned Residential Development, and they
didn't want to eliminate something that they are still working on.
OTHER: ELECTION OF OFFICERS
Chairman Rob Enes did not show up for the meeting. The Commission
desired a seventh member in case of a tie vote and recommended tabling
this. Therefore, the following motion was made:
M/S/P Bucheck/John - to table the election of officers until the next
PZ meeting. (Motion carried 6-0).
M/S/P Johnson/Conlin - to adjourn the Planning Commission meeting at
10:36 p.m. (Motion carried 6-0).
DELETE
ADD
DRAFT ORDINANCE of PZ MEETING 1/8/90
LAKE ELMO MUNICIPAL CODE
301.070 D.11
11. PF - PRIVATE FACILITIES AND QUASI -PUBLIC USES
a. Allowed Uses and Structures by C.U.P.
(1) Uses include all privately owned. (as opposed to
government owned) facilities that provide
recreational, social, and religious needs for the
general public. Allowed uses include private
parks, churches, cemeteries, religious retreat
houses, golf courses and club houses, golf driving
ranges, tennis and swimming clubs, nature
sanctuaries, skating rinks, and low impact uses
deemed similar by the Council that are eoxis.i-eten4
compatible with euxr-oead4ig neighboring uses.
(2) On -sale intoxicating liquor sales by State license.
b. Accessory Uses and Structures
(1) Uses and structures which are clearly related,
incidental, and subordinate to the allowed use
and principal structure.
(2) Architectural design of accessory structures must
be compatible to the design of principle structure.
c.-Mi-n4mere District Requirements
(1) Lot Size
(2) Lot Width
10 acres (nominal) minimum
except not applicable for nature
sanctuaries.
330 feet minimum on city street
except not applicable for nature
sanctuaries.
(3) Minimum building setbacks from property lines:
(a) Front
(b) Side
(c) Rear
100 feet
50 feet
100 feet
(4) Building Height 35 feet maximum
d. Conditions To Be Met:
(1) General Conditions:
(a) Structures on private facilities must meet
architectural standards and all other applicable
code requirements established for General
Business District Zone.
(b) On site parking sufficient to accommodate all
users.
(c)
Landscaping - trees and shrubs adequate to
provide screen where property borders on land
with lower intensity uses. Boulevard trees of
two inch caliper every 30 feet.
(d) Noise control - Reference City Code 1507. In
general noise emitted by this use shall not
exceed levels considered objectionable to
surrounding land users.
(e) Lighting and Glare Control - Reference City
Code 1508.
(f) Traffic Control - Uses must maintain low
impact traffic conditions for control of
noise, dust, headlight glare and public
safety.
(g) Impervious surface requirements must comply
with the covered area requirements for the
General Business District.
(h) Signage shall be for identification purposes
only.
(2) Specific Conditions:
(a) Side and rear setback for graves and markers in
cemeteries is 20 feet. Mausoleums and other
structures shall meet Minimum District
Requirements and General Conditions.
(b) Recreational facilities, such as golf driving
ranges, must be designed to prevent hazardous
projectiles from entering adjacent property.
(c) Minimum lot size for nature sanctuaries is
1.0 acre and minimum lot width is 60 feet.
(d) Lands designated as nature sanctuaries are
not awes-sa-r41 transferable to other uses
allowed under PF. any. a4se -than- as -a
r�atwre ea-rietuary- shai-a -regad re- retpp3.i-ca-tien
€og-aoni-xig--change..
DELETE
ADD
DRAFT ORDINANCE OF PZ MEETING 1/8/90
LAKE ELMO MUNICIPAL CODE
301.070 D.11
12. P - PUBLIC FACILITIES
A. Allowed Uses and Structures
(1)
Uses include all o'#e.rameti4 city owned lands
and facilities . ttat rre°viae-reex°eati.ona3,
-soc4a4-, and- gene-rn-xretit-al--adm n-ittrati.-ve--needs
-4-or- the--c eaer.
(2) Allowed uses for government owned land and
facilities under a CUP include parks, DNR
recreational facilities, government
administrative and Lake Elmo maintenance
facilities, playgrounds, athletic fields,
and low impact uses deemed similar by the
Council that are compatible with neighboring
uses. Uses that are prohibited include
waste incineration facilities and waste
landfills.
b. Accessory Uses and Structures
(1) Uses and structures which are clearly related,
incidental, and subordinate to the allowed use
and principal structure.
(2) Architectural design of accessory structures must
be compatible to the design of principle
structure
c. -Mi-n+mum District Requirements
(1) Lot Size Not Applicable
(2) Lot Width 125 feet minimum
(3) Minimum building setbacks from property lines:
(a) Front 50 feet
(b) Side 50 feet
(c) Rear 50 feet
(4) Building Height 35 feet maximum
d. Conditions To Be Met:
(1) General Conditions:
(a) Structures on private facilities must meet
architectural standards and all other applicable
code requirements established for General
Business District Zone.
(b) On site parking sufficient to accommodate all
users.
(c)
Landscaping - trees and shrubs adequate to
provide screen where property borders on land
with lower intensity uses. Boulevard trees of
two inch caliper every 30 feet.
(d) Noise control - Reference City Code 1507. In
general noise emitted by this use shall not
exceed levels considered objectionable to
surrounding land users.
(e) Lighting and Glare Control - Reference City
Code 1508.
(f) Traffic Control - Uses must maintain low
impact traffic conditions for control of
noise, dust, headlight glare and public
safety.
(g) Impervious surface requirements must comply
with the covered area requirements for the
General Business District.
(h) Signage shall be for identification purposes
only.
(2) Specific Conditions:
The Planning Commission will develop appropriate
conditions at their 1/22/90 meeting.
so,\Q ix\
Lake Elmo Comprehensive Plan Draft
Comments - W.M. John.
00000
Ref Comment
p7, 3rd para., line 4 Replace "resort" by "location"
p8, 1st para., line 3 Complete 198?
7th para., line 3 Insert "the" before "Community"
p9, 4th para., line 4 Change to ".. District as this data
becomes available."
p10, 2nd para., line 5 Delete "multiply"
p 12, 4th para., line 3 Change to "...means of correcting
existing..."
p 14, Table 3 Persons per Sq. mile for 1989 should be
added
p15, 2nd para, line 6 Home values should be adjusted to
reflect inflation
p16, 3rd para., There should be some statement as to
Lake Elmo's goals for specific population
growth or growth rate.
p17, 3rd para., An 11 year old survey of housing
conditions is no longer relevant, and the
conclusion is suspect.
4th -para., line5. Delete "major"
5th para., line 3 Replace "whose shoreline" by "which"
p19, 5th para., line 5 Change to "the dangers of
ground....increase"
p 21, 1st para., line 1 Change to "because of the existence of
several landlocked lakes and small
wetlands...."
p 24, Table 7 Change dates for proposed ordinances
on RE and Freeway Business Zones to
1990.
p 25, 4th para., line 2 Change 1989 to 1990.
p 28, 3rd para., line 3 Change to "..careful in only permitting
development along I-94..."
p 31, 5th para., line 3 Change to " At least one contiguous acre,
designated as suitable for a septic
system drainfield, must be available for
every new residence not connected to
the WONE interceptor. Uses of this
acreage which will prevent subsequent
drainfield installations will not be
permitted.
p 31, 3rd para., line 1 Delete "in some cases"
6th para., line 2 Add "...on the Future Land Use map."
p 52, VI. Capital Impr. A listing of these Capital Improvements
should be included as an addendum.
Pc-rz-kir
S c t,b m 4 ((
For at least the last decade Lake Elmo has maintained total municipal spending otL capita
among the lowest 10% of communities in the entire metropolitan area. Accordingly, the
City intends to be careful in permitting along 1-94 only development which will not
require extension of municipal sewer and water and which will not lower property values
on adjacent residential land.and provide a net tax benefit, to property in all local school
districts,after accounting for the cost of providing services such as roads, police and
fire protection, and City staff attention.
Many of the cities that ring Minneapolis and St. Paul have encouraged
commercial/industrial development primarily as a means of increasing tax base without
adding children to their school districts. They have been willing to provide the needed
city services and risks and sometimes increase local mill rates, in the belief that a
reduction in the more "significant school mill rate would result in a significant overall tax
reduction for residential property. Because Lake Elmo has a minority property valuation
in three different school districts.the possible school tax benefits would apply only to
the residential property within the school boundaries shared by a new business and most
of the benefit would go to residential property in other cities and trans in that same
school district. For example the same new business that results in a slight decrease in
taxes for residential property in School District 622 might cause an increase in taxes to.
residential property in 832 and 834.
3. GOALS AND POLICIES
The present land uses are shown on Map 9.The planned future land uses are shown in Map
1Q. The following goals and policies will guide the City through the transisiton from one
to the other.
The majority of residents want to preserve and continue the land use pattern of large -lot
(low density) development. Where desired by landowners, preservation of land for
agricultural and horticultural uses,is also a high priority.
A. Agriculture
The following set of goals are aimed specifically at the protection and support of
commercial farming operations. As agriculture will continue .to be an important land use
in Lake Elmo, itmust receive support' in the adoption of policies and plans for the City's
future.
(1) Goals for Agricultural Development:
' To encourage commercial agriculture as a continuing land use.
' To protect prime agricultural lands, where requested by landowners, from incompatible
forms of development, such as large -lot development subdivisions, that threaten the
viabiiityof commercial farming operations.
nraft-- I/7/4fl
-29 -
To: Comprehensive Plan Sub -Committee
From: Rita Conlin, Planning Commission
Subject: Comments for Comp. Plan
Suggest rewording:
Site "G"
Page 47
Paragraph 2
The landfill in Lake Elmo Park Reserve will result in the
loss of the Park's special "reserve" status and 300 acres of
scenic prairie, woodland, and trails will be eliminated as
use for open space and recreational purposes. The majority
of visitors who enjoy this park are from outside of the Lake
Elmo community, causing the effects of a landfill in the Lake
Elmo Park Reserve to be widely felt. If established, this
landfill would have negative social, economic, and
environmental ramifications to our city. Plans for
Commercial and Residential development adjacent and south of
the landfill site would have to be drastically reevaluated in
view of the certainty of ground water contamination, added
traffic, and other nuisance factors associated with a
existing landfill.
cnY of
LAKE
jiiELMO
City of Lake Elmo
November 21, 1989
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
COMMENTS FROM COUNCILMAN CHUCK GRAVES FOR
SUGGESTED CHANGES TO THE COMPREHENSIVE PLAN:
1. Page 32, second bullet from top of page:
Add to this bullet: "The dates indicated on the
Future Land Use Map show when development can
begin along the I-94 corridor. Differences in
dates encourage a systematic, staged plan for
development".
Also, suggest physical definition of affected
area within the 1-94 corridor.
Page 32, first bullet under (2) Policies for
Commercial Development.
Amend to read: "Commercial development will be
in areas that are designated on the Future Land
Use Map".
2. Page 36, third bullet, third paragraph, second
.line: . agricultural land use and preventing
commercial strip development...".
Also, question that this full.paragraph may be more
appropriately placed in Analysis section.
3. Page 40, #2 Aviation:
Add between second and third sentence:
"Any structures within the Airport Safety Zone shall
be limited to a maximum height of one story (10').
continued . .
•
November 21, 1989
COMMENTS, COMPREHENSIVE PLAN
4. Page 48, 4. Waste Management, first paragraph:
delete: "The City's role in the disposition of
locally generated waste is subordinated
to the authority of the Metropolitan
Council".
add: "While the City is free to determine the
type and level of participation in solid
waste collection programs, it must work
within the guidelines of the Metropolitan
Council" .
Lggested wording for Page 32, "Policies for Commercial Development",
fourth bullet item:
* A new ordinance will be drafted to define the standards for the I-94
Freeway Business District. This ordinance will implement the following
policies:
- minimize septage demands on the soil to avoid permanently the need for
public sewer;
- balance on -site sewage disposal rates with groundwater recharge rates to
maintain ground water quality;
- require individual developments to provide their own source of water,
including sufficient supply for required interior sprinkler systems;
- restrict development to a strictly defined area to allow efficient
provision of police and fire protection services;
- provide standards for the minimum lot size and aspect ratio for the
District;
- provide standards for road widths and layout to enhance the esthetics of
the area while maintaining desired traffic behavior;
- provide standards for landscaping to provide an esthetically pleasing
area and minimize impact of sights and sounds on the surrounding
properties, especially rural residential properties;
- provide for parkland dedication;
- define the permitted uses for the District, ensuring those uses are
distinguished from those allowed in the Central Business District;
- ensure the permitted uses are of the low impact, high -quality type
,„ 1/411 9
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•
Lake Elmo Business Association
LAKE ELMO, MN 56092
February 12, 1990
City of Lake Elmo
Planning Commission
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Elimination of Section 301.080, P.U.D
From the Lake Elmo Municipal Code.
Gentlemen and Ladies:
The Lake Elmo Business Association recommends against
the elimination of Section 301.080, Planned Unit Development
(P.U.D) from the Lake Elmo Municipal Code.
P.U.D. is a procedure the City and property owners can
use as a tool to work out an agreement on the use of the
owner's land that can benefit both the property owner and the
City.
It does not restrict or force the City to do something
that is not beneficial or desirable to the City.
The P.U.D process gives the City a flexible tool that
should not be removed from the Municipal Code.
"The Forest" a Planned Unit Development in Lake Elmo,
proves that the City and a developer can work together to
accomplish their goals.
Sincerely,
Michael J.
President,
Lake Elmo Business Association
Mazzara