HomeMy WebLinkAbout10-22-90 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 "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
OCTOBER 22, 1990
7:30 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: OCTOBER 8, 1990
3. Residential Estates Ordinance (Update)
4. RE Supporting Ordinances (Update)
5. Arabian Hills: Rezoning & Preliminary Plat
(Tabled at Applicant's Request)
6. Limited Business Zoning District (I-94)
7. Woodbury's Major Comp Plan Amendment
(Update: Mike Black)
8. Request from Everett Beaubien
9, Other
10. Adjourn
Date Approved: 10-22-90
Date Issued: 11-21-90
LAKE ELMO PLANNING COMMISSION MINUTES
October 8, 1990
Chairman DeLapp called the Planning Commission meeting to order at
7:40 p.m. in the Council Chambers. Present: DeLapp, Conlin, Dick
Johnson, Bucheck, John, Thomas, Enes, Arkell, Stevens, Johnston
(arrived 8:00), City Planner Mike Black, Administrator Mary Kueffner.
Absent: Wilfong.
1. AGENDA
Add: 3A. Arabian Hills public hearing in order to re -table it for a
future date. Add: 6. Other - Freeway Business District.
M/S/P Enes/Johnson - to accept the October 8, 1990 Planning Commission
Agenda as amended. (Motion carried 8-0.)
2. MINUTES: September 24, 1990
M/S/P John/Enes - to approve the September 24, 1990 Planning
Commission minutes as ammended. (Motion carried 7-0, Abstain:
Conlin.)
3A. Arabian Hills Public Hearing
Roger Kolstad explained he took Arabian Hills off this agenda to wait
for the Residential Estates Zoning District Ordinance to be completed
in order to give the Planning Commission complete engineering, grading
and drainage plans, landscape plans, and until this Ordinance is
completed Kolstad cannot plan how wide the streets must be or what
kind of sewer system is required.
M/S/P Johnson/Enes - to re -open the Public Hearing on Arabian Hills.
(Motion carried 8-0.)
M/S/P Enes/Johnson - to table the Public Hearing and discussion on
Arabian Hills until such time as the City Administrator directs the
Planning Commission to reconsider this application at a future meeting
and that all property owners within 350 feet be re -notified. (Motion
carried 8-0.)
3B. Bob Mogren: Request to move a Manufactured Home
Bob Mogren, 8738 Lake Jane Trail, of Mogren Bros., is requesting
approval to move a manufactured home into Lake Elmo as a residence for
the person that is the watchman for their sod fields. The location is
just south of Oakland Jr. High school on Manning Avenue. The
manufactured home will be placed on an old house site among existing
out buildings and trees. The watchman has been working for Mogren for
15 years and has kept such vandalism as snowmobiles, three wheelers,
horses, cars and parties from ruining the sod fields. Mogren brought
photographs of the trailor and proposed site to show the Commission.
Lake Elmo Planning Commission Minutes October 8, 1990 Page 2
Chairman DeLapp suggested the Commission look at Ordinance Code
502.070 C. page 502-2 and 302.030 page 302-2 and the zoning of the
property as the only three items to be considered. Commissioner
Johnson directed the Chairman's attention to page 301-74 & 75 of the
code book which contradicts Jim McNamara's written statement that
there are no other dwelling units on the property and no variances are
necessary, and in Commissioner Johnson's interpretation of this code a
variance would be required.
Chairman DeLapp interpreted in a recent phone conversation with Jim
McNamara, City Building Inspector, that there is a state statute that
will override our Ordinance. The Commission suggested that this be
verified and brought to the City Council's attention.
Administrator Kueffner asked that the Commission also consider what
the proposed use is exactly. If it is going to be used as a business
operation, is this allowed in RR zoning district or should this land
be reclassified as Agricultural? The point being that if Mogren
occasionally sells sod at the site to homeowners retail, by code, this
is allowed in the Agricultural Zone and not the Rural Residential Zone
regardless of how many acres owned, but a Conditional Use Permit could
be issued if re -zoned to Ag.
Chairman DeLapp made a list of conditions that this request does not
meet: (1) not part of a Manufactured Park, (2) Need verifcation that
site meets zoning district requirements (zoned RR), (3) does not meet
code 301.030 0.
Commissioner Johnson suggested that the Commission get a legal opinion
on this in order to base a decision. Chairman DeLapp suggested
another alternative would be to state the Commission's findings and
concerns and then pass this onto the City Council without making any
recommendations.
Vice -Chairman John suggested the Commission report to the City Council
the following facts: (1) the property is currently zoned RR, yet the
site plan of the proposed area is only 5 acres, (2) If the land were
to be re -zoned Agricultural the dwelling could be considered a farm
dwelling, but this would require re -zoning, (3) the Ordinances
covering temporary farm dwellings prohibits the proposed use as a
temporary dwelling.
Commissioner Stevens stated the consensus seems to be that the
Commission would like to enable Mr. Mogren to have a watchman on his
property and suggested the Commission request a legal opinion as to
what conditions will enable Mr. Mogren to do this.
M/S/P Enes/Conlin - to recommend to the City Council the following:
(1) Ordinance code 502.070 C. (page 502-2) the structure's
current use will not be a detriment to the area,
Lake Elmo Planning Commission Minutes October 8, 1990 Page 3
(2) The Commission has observed in the Code the following
portions of Ordinances that may apply and seem incompatible
with the request for moving this structure onto this site:
(a) 301.030 O. (page 301-74 & 75),
(b) The land use as being consistent and appropriate for
the RR Zoning District,
(3) Must meet Minnesota Statute Chapter 327.31 Subd. 3 & 4
and meet City Septic and Water requirements,
(4) There may be an overriding State Statute.
(5) Suggest the City Attorney provide the City Council with
recommendations on the items that the Planning Commission
cannot make a determination of. (Motion carried 9-0.)
4. Residential Estates Zoning Ordinance
City Planner Mike Black reviewed his report which he based on
questions and suggestions brought up at the Public Hearing. The
Commission considered each issue brought up by Mike and following are
the changes made to the Residential Estates Zoning Ordinance.
M/S/P Stevens/Enes - under C(1) to delete the word "nominal" and add
(108,750 square feet) after 2-1/2 acres. (Motion carried 9-0.)
M/S/P Johnson/Enes - under C(2) to indicate 3.33 acres per lot
average minimum and the entire parcel be platted with no out -•lots
allowed, and direct the staff to write this up in legal form. (Motion
carried 9-0.)
M/S/P Johnson/Bucheck - to leave the front setback at 100 feet.
(Motion carried 8-1, against: Conlin - in favor of 75 feet setback.
Steve Korhel asked the Commission "is the idea that density could be
decreased by going to 2-1/2 acre lots in the sense that we're moving
away from 1-1/2 acre lots in the R1 zone?" The Commission answered
yes.
Mike Black recommended that we only require .5 acre of land on each
site to be tested and suitable for on site septic systems. He
suggested rather on each RE lot a minimum of one acre be exclusive of
all drainage and utility easements. Commissioner Thomas was concerned
about Met Council's position regarding this due to what we already
have in the Comp Plan. Commissioner Johnson understands the logic of
this recommendation, but would like further review on this subject,
perhaps review how other cities handle this before we make any
decision to change.
M/S/P Johnson/Conlin - the standard for sewers for Residential Estates
remain unchanged, and if the general City Ordinance on sewers needs to
be modified that it be done for all zones as a general standard.
(Motion carried 9-0.)
Lake Elmo Planning Commission Minutes October 8, 1990 Page 4
5. Supporting Ordinances for RE District
M/S/P Stevens/Enes - to recommend the road standard be 24 feet of
blacktop. (Motion carried 5-4, against: Johnston -in favor of 28',
Conlin -in favor of 28', Johnson- in favor of 28', DeLapp-in favor of
22' with 4' of gravel shoulders.)
There was no consensus from the Commission regarding curbs, and
serpentine streets versus straight streets.
In the dicussion of Park Dedication Chairman DeLapp suggested that the
City ought to take the land dedication instead of a fee dedication
from now on, in all applications, so that the City can land bank for
the future. Black stated that parks cost the City money and suggested
the Parks Commission continue looking at each new application and make
a decision on a case by case basis.
Administrator Kueffner stated that the Parks Commission had made a
recommendation to the City Council, 4 or 5 years ago, that they did
not want anymore parkland, but recently they've been shown a new plat
and are reinterested in new parks.
Steve Korhel commented on Black's reference to a plan and asked if the
thought could be pursued for a set of standards for this set -aside
area in conjunction with the preliminary plat rather than the
developer randomly setting aside land just to meet this requirement
then the Parks Commission looks at it, and based on what the
"offering" is, makes a decision of whether to keep the land or take
money.
Keith Raleigh, 5435 Keats Ave., agreed with the park dedication in
order to give people in a new development a place for recreation
rather than these people using other property, like his 40 acres. He
also feels the City should be responsible for providing a park for
these developments since it's proposing a zone with smaller lots than
10 acres.
Steve Korhel followed up on the idea of standards by stating that in
the Comp Plan the development of the RE Ordinance shall follow
specific policies and one of the policies, is the requirement of
landscaping standards to insure that natural amenities are preserved
in that the developments will maintain and enhance the existing
natural environment. The point being that there are standards
written.
Chairman DeLapp allowed George Dege, 5193 Keats Ave., to make
comments. Mr. Dege stated that he is disappointed about the "bubble"
of RE in the RR zoning district on the future land use map. Dege's
land and the surrounding land is currently zoned Ag, and he is
concerned that the property surrounding his could some day be re -zoned
to RE and his property will be squeezed between two developments. The
Commission reassured him that any changes to the future land use map
would require an amendment to the Comprehensive Plan and that a public
hearing would be required and surrounding property owners would be
notified by mail.
Lake Elmo Planning Commission Minutes October 8, 1990 Page 5
The Commission suggested that the Parks Commission and Planning
Commission meet jointly to discuss park land dedication versus park
fee dedication of future developments.
M/S/P Johnston/John - to recommend the City Council, approve the
Residential Estates Zoning Ordinance and supporting ordinances as
ammended. (Motion carried 9-0.)
M/S/P Conlin/John - to table discussion on the Freeway Business
District Ordinance until the October 22, 1990 Planning Commission
meeting. (Motion carried 9-0.)
M/S/P Johnston/Johnson - to adjourn the Planning Commission meeting at
11:05 p.m. (Motion carried 9-•0.)
MitJ()TES /o/1?
301.070 D.
4. Residential Estates
A. Permitted Uses and Structures
(1) One single family detached dwelling per lot within planned
subdivisions of at least 20 acres, nominal.
B. Accessory Uses and Structures
(1) Uses and structures which are customarily accessory and
clearly incidental and subordinate to permitted uses and
structures, see Section 301.130 C. ACCESSORY USES AND
STRUCTURES.
(a) No more than two detached accessory structures
with a combined total not to exceed 1200 square
feet.
(b) Accessary structure shall be architecturally
compatable with principal structure.
(c) Accessory Structures for the sole use by occupants
of the principal structure.
(d) Home Occupations as set forth in Section 301.040 (65)
of this code.
C. Minimum District Requirements
(1) Lot Size 2 1/2 minimum (108,750 sq.ft.) to 10
acres (435,600 sq.ft.) nominal*
(2) -hots-per Density
Subdivision
(3) Configuration:
6-lota-per-each-29-acres-of-gross
land -area. 3.33 acre average. No
out -lots to remain within subdivision.
Lots must be configured to contain
a circle with a diameter of 250 feet
minimum. The ratio of lot length
to width shall be a maximum of 3:1.
Flag lots are prohibited. (a
definition of a flag lot to be
typed here).
t-Namiliab-Res ele»tial,-Ens€a€es-Pareels:--A-pareel-r-et-redaeeel-Sy-mere
tk+ar}-l0• -ckae-to-r>cW -- --way-ar}dfar-sar'tey-�arratjerrs.---No-lot-sha}l
(4) Principal Principal Building Setbacks from Property Lines:
(a) Front
(b) Side (interior)
(c) Side (corner)
(d) Rear
(e) Coll.ecter/Arterial Street
100 feet minimum
50 feet minimum
80 feet minimum
100 feet minimum
150 feet minimum
sAbo
(
(5) Frontage on Public Roadway
(6) Parking
150 feet minimum except 70 feet
at the end of cul-de-sacs.
2 enclosed spaces minimum (200 s.f.
minimum per space). 2 exterior
spaces with minimum setback of 50
feet from any property line.
(7) Hardsurface coverage 15% maximum.
(8) Septic Drainfield Regulation
(a) All newly subdivided lots shall have at least one acre
of land dedicated for septic system use. This acre
may consist of a maximum of two separate parcels
neither of which may consist of less than 0.4 acres.
(b) Placement of the second required drainfield between
the trenches of the first drainfield is prohibited.
LAKE EU O MUNICIPAL CODE
N/A) IDA
AMENDED ORDINANCE 7946 q�
8011
502.050 EXCAVATION AND GRADING PERMITS
A permit shall be required for the excavation, grading or surfacing
for any building, structure, plot or area of ground occupied by a
building or structure, or in preparation for the construction of any
building or structure where such excavation and grading is to be done
with mechanical equipment. (See Section 105 of this Code.)
502.060 PRIVATE ROAD PERMITS
A permit shall be required to construct an asphalt, concrete, or
gravel private road or alley, (See Section 1602 and Section 105
of this Code.)
502.070 MOVING BUILDINGSINTO CITY
A. Buildings or structures moved from one location to
another shall comply with the provisions of this code
for new buildings.
B. Where the Building Official is required to inspect a
building outside of the City, any travel expense shall
be paid by the applicant. Building mover must present
a State license for house and building moving to the
Building Official when applying for permit to move a
building.
Before any house or other structure is moved onto a lot or
parcel in the City of Lake Elmo, the owner shall apply for
a building permit. The Building Official shall present the
site plan, construction plans, and photos of the structure
from two or more angles to the Planning Commission. The
Planning Commission shall report to the City Council
whether or not the structure will be compatible with
other development in the area; and make such recommendation
to the City Council. If the City Council determines the
structure would depreciate the area into which it is to be
moved, it may withhold the permit for such relocation.
502.080 BUILDING DEMOLITION FEES
All buildings or structures prepared for demolition within the City of
Lake Elmo require a demolition permit. (See Section 105 of this Code.)
C.
Surcharge In addition to the permit fees required, the applicant
shall pay a surcharge to be remitted to the Minnesota Department of
Administration as prescribed by Minnesota Statutes 1984, Section
16B.70,
502.090 EXTERIOR FINISH
All residential buildings shall have the exterior finished within one
(1) year of the date their permit was issued.
502-2
l 5l1 I , 1
M. Radiation and I::Jeer i ic•;ii loierierem-c I'rohjhLLctf. No
.cc:Livit_ics i i ill lac perini L 1 ec_i Lint' emit: dangerous radioactivity
beyond enclosed areas. There .;hall he no electrical disturbance
(except from domestic household appliances) adversely affecting
the operation of ordinary business or household equipment and
oliances. Any such emissions are hereby declared to be a
oaisance .
m is dTes AD/00
N. Livestock.
":1. 'Prohibition of Manure Deposition Without Safeguards.
No manure or livestock waste shall he deposited, stored, kept or
allowed to remain or upon any site without reasonable safeguards
adequate to prevent the escape or movement of such manure or
wastes or a solution thereof" from the site which may result in
pollution of any public waters or any health hazard.
2. Pollution Control Agency Standard Minimum Requirement.
All regulations imposed by the Minnesota Pollution Control Agency
relating to keeping of livestock shall be adhered to and such
regulations shall be considered the minimum safeguard necessary
to prevent pollution of public water or creation of a health
hazard.
3. Inadequate Safeguards. In case the Zoning Administra-
tor shall find that any manure is stored or kept an any lot or
storage site without a safeguard, or that any existing safeguard
is inadequate, he may order the owner of other responsible person
to immediately remove the manure from the storage site and refrain
from further storage or keeping of any manure thereat unless and
v�*il an adequate safeguard is provided.
4. Hazards and Nuisances. 0n parcels of less than forty
(40) acres which are not part of a larger crop producing commer-
cial agricultural farm, the keeping of horses, cattle, or other
grazing animals on a site with less than two and one-half (21/2)
acres of existing grazable land per animal is hereby declared
to be a nolisance. No domestic animals, livestock, or kennels
shall be placed on any site of less than ten (10) acres.
5. Grazable Acres. Grazable acreage shall be defined
as open, nontreed'acreage currently providing enough pasture
or other agricultural crops capable of supporting summer graz-
ing at a density of one (1) cow, or its equivalent, per two and
one-half (2%) acres. For purposes of these regulations, the
following animal equivalents apply; one slaughter steer, heifer,
or horse - 1.0; one mature dairy cow - 1.4; one swine over 55
pounds-.4; one steep-.1; one turkey - .01; one chicken - .01
one duck - .02.
0. Temporary Farm Dwelling. No person shall park or occupy
a mobile home on the premises of alot with any occupied dwelling
or on any land which is situated outside an approved mobile park
except as provided herein:
1. The mobile home will be an accessory dwelling unit
1oaated on a farm of at least seventy-five (75) acres in size.
2. The mobile home will be occupied by persons who are
wither:
3r1-74
Ar -ied h Ord. 7910
301 . u30 O. )
riitNvrEC /v1109n
:i. P umh r;; I I fir imni l Y of I l;o }or.';crnr; occupyi nJ;
the principal dwelling douse nn the promises.
b. Members of the family engaged in the occupation
of farming on the premises as partners or other business associates
of the person:; living in the principal dwelling house on the pre-
mises; and who earn fif:y percent (507,) of more of their annual
gross income for Federal income tax purposes from such farming on
the premises.
1
c. The mobile home use will expire and terminate at
such time as the persons occupying the mobile home are no longer
engaged in farming on the premises as required by paragraph 2b
above.
d. At the time of termination, the mobile home tem-
porary farm dwelling shall be removed from the premises within
thirty (30 days) when practicable.
P. Temporary Construction Office. A temporary mobile hone
may be permitted in any district if the Zoning Administrator finds
the following conditions are satisfied:
1. The mobile home will be utilized as a field headquar-
ters for directing the ongoing construction of a project.
2: Only one (1) mobile home shall be permitted on each
project.
3. The mobile home shall have adequate sanitary facilities
or the site shall have temporary sanitary facilities installed. •
4. The mobile home and parking spaces shall adhere to all
setbacks for the zoning district and shall only utilize the permit-
ted access driveway.
5. The mobile home shall not be used as a dwelling unit.
6. The mobile home shall be removed within thirty (30)
days of the permit termination.
i J V I-6s at
Definitions:
A. Manufactured Home. A Structure, transportable in one or
more sections, which in the traveling mode, is eight body feet or
more in width or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet, and which is built on a perm-
anent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities,
and includes the 7)lumbing, heating, air conditioning, and electrical
systems contained therein; except that the term includes any
structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification required
by the secretary and complies with the standards established under
the Minnesota Statutes Charter 327.31, Subd. 3. No manufactured
dwelling shall be moved into the City of Lake Elmo that does not
meet the manufactured home building code as defined in Minnesota
Statutes Chanter 327.31, Subd. 3. This does not include recrea-
tional vehicles as regulated in Section 301.130 Q & R, of this
code.
B. Manufactured Home Park. Any site, lot, field, or tract
of land upon which two or more occupied manufactured homes are
located, either free of charge of for compensation, and includes
any building, structure, tent, vehicle or enclosure used or in-
tended for use as part of the equipment of the manufactured home
park.
C. Manufactured Home Lot. A parcel of land for the placement
of a single manufactured home and the exclusive use of its occupants:
D. Park. A manufactured home park as defined in B above.
E. Park operator. The person who owns, maintains, or operates
a manufactured home park properly licensed under State law.
F. Person. Any natural individual, firm, trust, partner-
ship, association or corporation.
G. Licensee. Any park operator licensed by the State of
Minnesota to maintain and operate a manufactured home park.
H. Occupant. The person living in an individual home.
302-2 Amended by Ord. 7910 & 7947
REQUEST FOR4S COMTIISSION REVIEW
Meeting Date: October 22, 1990
.CENDA TOFIC:Residential Estates Ordinance (Update)
ITEM
NO.
3
At its October 16, 1990 meeting, the City Council adopted the R.E.
Zoning Ordinance as amended and recommended for approval by the
Planning Commission.
One thing that I questioned, at the last Planning Commission meeting,
and also at the Council meeting was the rationale in requiring one (1)
dedicated acre for drainfields, or sewage treatment.
I went back through the Planning Commission minutes and could not find
where there was any rationale in determining this number. I am not
suggesting that this is theoretically wrong, but do question the
practicallity of the restriction.
The report you have seen from our city engineer indicates that under
the worse case scenario, (4 bedroom house -with 2 to a bedroom) on the
worst soils acceptable for sewage treatment, would require 5,000
square feet of drainfield. Doubling that for the second treatment area
would require 10,000 square feet, which is less than 1/2 an acre. Our
building official reports that the largest drainfield that he has seen
in Lake Elmo was 1,300 square feet, with the average being between 800
and 1,000 square feet.
I've talked with Dennis O'Donnel (of Washington County Planning) and
the County's standard for drainfields is: on an existing platted lot
50x100, or 5,000 square feet. On all new subdivisions 100'x100' or
10,000 square feet. This is the standard used in Afton, Grant
Township, West Lakeland, and all other communities for which the
County reviews plats, issues permits, etc.
301.070 D.
4. Residential Estates
A. Permitted Uses and Structures
(1) One single family detached dwelling per lot within planned
subdivisions of at least 20 acres, nominal.
B. Accessory Uses and Structures
(1) Uses and structures which are customarily accessory and
clearly incidental and subordinate to permitted uses and
structures, see Section 301.130 C. ACCESSORY USES AND
STRUCTURES.
(a) No more than two detached accessory structures
with a combined total not to exceed 1200 square
feet.
(b) Accessary structure shall be architecturally
compatable with principal structure.
(c) Accessory Structures for the sole use by occupants
of the principal structure.
(d) Home Occupations as set forth in Section 301.040 (65)
of this code.
C. Minimum District Requirements
(1) Lot Size 2 1/2 minimum (108,750 sq.ft.) to 10
acres (435,600 sq.ft.).
(2) Subdivision Density 3.33 acre average. No out -lots to
remain within subdivision.
(3) Configuration:
Lots must be configured to contain
a circle with a diameter of 250 feet
minimum. The ratio of lot length
to width shall be a maximum of 3:1.
Flag lots are prohibited. (a
definition of a flag lot to be
typed here).
(4) Principal Building Setbacks from Property Lines:
(a) Front 100 feet minimum
(b) Side (interior) 50 feet minimum
(c) Side (corner) 80 feet minimum
(d) Rear 100 feet minimum
(e) Collector/Arterial Street 150 feet minimum
( (5) Frontage on Public Roadway
(6) Parking
150 feet minimum except 70 feet
at the end of cul-de-sacs.
2 enclosed spaces minimum (200 s.f.
minimum per space). 2 exterior
spaces with minimum setback of 50
feet from any property line.
(7) Hardsurface coverage 15% maximum.
(8) Septic Drainfield Regulation
(a) All newly subdivided lots shall have at least one acre
of land dedicated for septic system use. This acre
may consist of a maximum of two separate parcels
neither of which may consist of less than 0.4 acres.
(b) Placement of the second required drainfield between
the trenches of the first drainfield is prohibited.
C
LAKE ELMO CITY COUNCIL OCTOBER 16, 1990
RESIDENTIAL ESTATES ZONING ORDINANCE:
(4) Setback from Front Property Lines: Mayor Dunn personally favored
75 feet minimum, but the remaining Council favored 100 feet minimum.
(5) Frontage on Public Roadway: 150 feet minimumexcept 70 feet at the
end of cul-de-sacs. The Council noted this 150' requirement would
eliminate flag lots.
(8) Septic Drainfield Regulation:
The Council did not change the drainfield requirement. They directed
the PZ review the City Engineer's, Building Official's, City Planner's
rationale and come back with a recommendation for adequate septic
drainfield site.
M/S/P Williams/Hunt - to approve 301.070D(4) Residential Estates
Zoning Ordinances with the changes recommended by the PZ on October 8,
1990. (Motion carried 4-0).
Street Standards:
Mayor Dunn. favored 28' minimum, City Eng, Fire Chief and Maintenance
Foreman favored 32', PZ favored 24', Planner favored 28', Council
suggested 24' with 4' shoulder for local streets and 32' wide for
collectors.
Bohrer explained all State Aid Roads in Lake Elmo are classified as
Collectors.
M/S/P Hunt/Williams - to postpone consideration of supporting
ordinance for road standards for RE until the next Council meeting.
(Motion carried 4-0).
Suitable road standards for collector and interior classifications
brought to next meeting.
Section 1602.060: D. Distance between driveways in Residential
Estates Zoning District. The minimum distance between curbs of
driveways at right-of-way line shall be 150 feet. Driveway access
limited to one per lot.
M/S/P Williams/Hunt - to approve Section 1602.070; including exception
made'for driveway separation for cul-de-sacs in Section 1602.070D.
(Motion carried 4-0J
Section 401.240 B.4.j Developer Requirements
Item (1) Delete: (define)
Item (2) Delete: (unless subdivision is (define).
Item (3) Delete: (in City boulevard), Add to end of sentence: "outside
of the right-of-way."
Should read: Four foot conifers may be substituted
M/S/P Armstrong/Hunt - to approve Developer Requirements, Section
401.240 B.4.j as amended. (Motion carried 4-0).
Section 301.130 C 14 d, page 301-66
Add: d. Residential Estates - R.E.: For parcels in the Residential
Estates Zoning District, two buildings with a total area not to exceed
1200 square feet.
M/S/P Armstrong/Williams - to approve Number of Accessory Buildings,
Section 301.130 C 14 c, page 301-66, as stated. (Motion carried 4-0).
Signs: Section 505.315
Should read: 505.315 - Signs not permitted in Residential Zoning
Districts.
Subdivision identification monuments and permanent signage willnot be
permitted in any residential subdivision platted after the adoption of
this ordinance.
M/S/P Hunt/Williams - to approve Signs, Section 505.315 as amended.
(Motion carried 4-0).
REQUEST FOR r-"_``P.. COMMISSION REVIEW
Meeting Date:
GENDA TOFIC: Residential Estates Supporting Ordinances
October 22, 1990
ITEI1
NO.
4.
The Council adopted all of the supporting ordinances at its October 16
meeting, except the road standards. They did make some
recommendations on these standards, and staff will be meeting on
Monday morning to draft a ordinance for the Commission's
consideration.
I would like you to look at Section 1602.070 D once more before I put
this into ordinance form. The proposal is to require a minimum of 150
feet between driveways. The reason I question this is that if you had
3 lots in a row, each having 150 feet of frontage (and meeting all of
the other. standards). Following is a hypothetical example of my
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A B C
concerns:
E
foam properly FROM proper{v
Line . Line.
Scenario: Parcel A builds first and puts the driveway 5' from east
property line, Parcel C builds second and puts the driveway 5' from
west property line. Result: Parcel B cannot make the required 150'
from either driveway.
Would it not be better to have a minimum distance that the driveway
should be from the property line?
Let's talk about this one.
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OCT 18 '90 14:58 THE PROFESSIONALS
P.2
THE PROE'ESSIONALS, INC.
REAL ESTATE & CONSULTING CENTER
October 18, 1990
Chairman
Planning & Zoning
City of Lake Elmo
Lako gime. MN
Dear Planning & Zoning Members,
At this rime I am not able to complete the engineering plans an the
preliminary plat of Arabrian Hills, do to the city ordinances not being in place.
I am therefore requesting that our application for the rezoning and
preliminary putt approval be extended until further notice.
Respectfully Submitted,
Roger Kolstad
1200 OSBORNE ROAD N.E. C] FRIDLEY, MN 55432 C 612-780-9751
REQUEST FOR WNW COMMISSION REVIEW
AGENDA TOPIC:
Meeting Date:
Freewat Business Zoning District on 1-94
October 22, 1990
ITEM 6
NO.
At your last meeting, you asked that this be put on the Agenda for
discussion. You were also supposed to have a list of suggested uses.
Attached, (to refresh your memory) is the list of uses suggested by
the Planning Commission's sub -committee, the memo sent by councilman.
Hunt, the list from Rita Conlin and the list from Wpn John.
FrnawtV B11SI11Pcc M etrirr
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(A) purpo5c
The purpose of the Freeway Business District is to establish a
comprehensive planned framework for development. The City has
determined that it is in the best interest of the City and the region
to responsibly manage growth in this district. Specific development
goals within the district include the following:
1) Limitation of development to ensure reasonable traffic
operations because traffic generation resulting from existing
and future development has the potential to overload the
capacity of regional and local road systems.
2) Encouragement of a high quality development standard for
structures within the district because properties within the
district are among the most visible in the City. It is in the best
interest of the City and individual properties to encourage a
high quality development standard for structures within the,
district.
3) Protection of the natural environment, including areas of steep
slopes, mature trees, flood plains/wet lands, open space and
drainage.
4) Promotion of neighborhood stability and protection of property
values through the use of buffers between land uses of
different intensity.
5)
6)
7)
8)
Minimization of demand on soil in order to permanently avoid
the need for public sewers.
Ensuring that sewage disposal rates are
maintain ground water quality.
Regulation of development to prevent
need for fire or police protection.
Restriction of uses to control businesses which result in
significantly increased municipal burdens, including police,
fire, traffic, and general loss of the rural residential
atmosphere. Of specific concern is the aspect of
consumer/retail businesses which would generate traffic and
visitors out of proportion to the area being defined.
9) Development which is consistent with the Comprehensive Plan.
sufficiently low to
significant increased
( B ) Permitted User
Clinics, medical offices
• Financial Institutions - banks
• Laboratories - medical, dental
• Office, administrative, corporate headquarters, professional,
medical research
• Greenhouses and nurseries with retail sales
• Vinyard and winery with retail sales limited to wine
• Inside Storage
1. No outside storage will be permitted
2. Security guard and fenced area is required
• Mortuary, funeral homes
(C) No. Conditional rases will_ be Permitted
(D) Yjsr Accessory Uses will he nermitted
(E) lialv 4rressnry Structures which, are clearly incidental,
and subordinate to the business will • he nermjtted
(F) Minimum Lot Requirements
1) Lot Area : 3.5 acres
2) Minimum Lot Width: 300 feet
3) Minimum Lot Depth : 400 feet
4) Building Setback From Property Lines:
a. Front 100 feet
b. Side 50 feet
c. Side (street) 100 feet
d. Rear 50 feet
e. Any line adjacent to 150 feet
a residential zone
5) Parking Setback from Property Lines :
a. Front 50 feet
b. Side 50 feet
c. Side (street) — 50 feet-- —
d. Rear 50 feet
e. Any line adjacent to 100 feet
a residential zone
6) Maximum Building Height : 35 feet
7) Maximum Lot Coverage by
All Structures : 25%
3) Maximum Total Lot Coverage,
Including Building, Parking,
All Driveways, Sidewalks and All
Other Impervious Surfaces : 50%
t
(G) PF'RTnRM4vrF cTAND4R
(I) Architectural. Standards
(a) It is in the best interest of the City to promote high
standards of architectural design and comparability with
surrounding structures and neighborhoods. New building
proposals shall include architectural plans prepared by a
registered architect and shall show the following
(1) EIevations of all sides of the buildings.
(2) Type and color of exterior building materials.
(3) Typical general floor plans.
(4) Dimensions of all structures.
(5) Location of trash containers, heating, cooling and
ventilation equipment and systems, and rain water
diversions.
(b) Unadorned prestressed concrete panels, concrete block
and unfinished metal shall not be permitted as exterior
materials.
(c) All roof top or ground mounted mechanical equipment
and exterior trash storage areas shall be completely shrouded
and enclosed with materials compatible with the principal
structure.
(2) parking
All drives and parking lots shall be constructed with blacktop,
and with concrete curb and gutters. Where appropriate
si-lewalks may be required.
Parking lot landscape areas, including landscape islands, shall
be reasonably distributed throughout the parking lot areas so as
to break up expanses of paved areas.
Lan elson n intr
All yard areas shall either be landscaped green areas or open
and left in a natural state. Yards to be Landscaped shall be
landscaped attractively with lawn. trees and shrubs in
accordance with a plan prepared by a landscape architect.
Areas Left in a natural state shall be kept free of litter, debris
and noxious weeds. Yards adjoining any residential zone shall
contain a buffer area consisting of berming, landscaping
and/or fencing for the purpose of screening noise, sight, sound
and glare. A reasonable attempt shall be made to preserve as
many existing trees as is practical and to incorporate them into
the site plan.
(3)
Where areas abutt residential districts, a buffer area of a
minimum depth of 100 feet will be required. Such a buffer area
shall be completely constructed and approved by the City before
all City inspections and licenses are finally approved. Prior to
obtaining a building permit or other authority to commence
"
construction on the subject property, the owner of such
property shall provide the City with a bond in an amount
determined by the City to be sufficient to cover all costs of
constructing the buffer area as proposed by the owner and
approved by the City. The bond shall be released to the owner
only upon the completion of all construction of the buffer area
and maintenance of the area for not less than 24 months which
shall be approved as satisfacory to the City.
(4) J.igjtriner and Glare
Plans for new developments shall include a lighting plan
denoting the location. type and height of lighting fixtures and
the illumination patterns shown on a site plan. Glare, whether
direct or reflected, such as from floodlights or high temperture
processes, and as differentiated from general illumination, s
hall not be visible at any property line.
(H) goiindaries
The Freeway Business District shall be bounded on the west by
on the north by , on the east by , . and
on the south by
( I ) Sewage Disnosal
No use shall be allowed unless it is determined by the City that the
sewage disposal rate of the proposed use will not affect ground water
quality.
Septic systems must be approved by the City Engineer and comply with
existing City ordinances, and public health requirements.
(J) Traffic
No use shall be allowed unless the property owner provides a road
plan acceptable to the City, which shall demonstrate. at a
minimum,that the proposed use and resulting traffic will not
adversely affect the then existing traffic of the City.
All pnvate roads must comply with existing City ordinances, with
construction and maintenance being the sole responsibility of the
property owner.
(K) Parkland Dedication,
A Park dedication fee, in land or money value at the descretion of the
City Council, will be required. This dedication will be additional to the
buffer zone defined in paragraph (3) Landscaping, above.
(L) ,Signs.
All signs shall comply with existing City ordinances. Lighting is not
permitted.
1'
08,27:9n 15:59 al DIV. ENG. (612) 778-5945
002
Dear Commission members,
As you discuss the Limited Business ordinance i would like you to
nsider the following items. I am only speaking for myself, so please feel
i.ree to ignore any of this if you wish. The items listed below are some of
the ones I will use when I evaluate your recommendations.
Above all, though, I want to see a recommendation from the planning
commission on Limited Business that includes uses and standards that you
people feel are appropriate, not what you think will pass the council.
Some reasoning behind your recommendations would be helpful, and could be
given in writing or at a workshop.
1. Property Tax Base -
As you consider uses to be allowed in this zone I would ask you
to consider the types of buildings that customarily house those
sorts of uses. The more expensive a building is the more it should
generate in property tax revenues. As a city we should have a goal
of maximizing the tax revenue from any commercial areas, while
meeting the service needs of our residents.
As an informational note, the city has been averaging about 40
new houses a year over the last couple years. These new homes have
conservatively averaged $150,000. This means that the cities tax
base has been increasing by $6 million/yr. With our new
Residential Estates zoning I think we might see that more than
double to $12 - $15 million/year. Remodeling and additions to
homes will also add to the Tax Base, but normally will require
negligible increases in required services from the city.
2. Services and Taxes -
It looks at this time like the state legislature will continue
its trend of cutting commercial real estate taxes. If this trend
does continue the cost of city services will continue to shift to
the homeowner. Because of this it is important to insure that any
uses have a minimal impact on our police and fire departments. It
is also important to insure that these uses will never need
sanitary sewer. In other words, we should insure that any
commercial development will continue to pay its own way years after
it is completed.
3. Clientele -
I think as a city we should avoid the type of uses along 94 that
require enticing drive by traffic on the freeway to get off to use
those services. Also, uses should not generate significant numbers
of new cars a day.
4. Hours -
Businesses that operate 24 hours or late night hours should be
avoided. Businesses normally operating Mon - Fri during normal
office hours would be the most preferable from the standpoint of
needing city services.
5. Open Space —
Businesses that seem to be compatible with open spaces, such as
office parks would be very desirable. In this case we might trade
off some tax revenues for lower density higher quality development,
that hopefully will have a lower long term service cost.
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PERMITTED USES - FREEWAY BUSINESS DISTRICT
September 24, 199E
* Medical, dental, osteopathic, chiropractic and optometric
offices
* Finance, insurance, real estate and investment office.
* Legal offices, engineering and architectural offices,
educational and scientific research offices, laboratories,
accounting, auditing, and bookkeeping offices
* Advertising offices
* Office, administrative, corporate headquarters,
professional, consultant
* Detective and protective agency offices
* Consumer and mercantile credit reporting services office,
adjustment and collection service offices
* Duplication, mailing, and stenographic service offices
* Employment agency offices
* Travel Agencies
* Inside Storage Facilities
1. No outside storage will be permitted
2. Security provided by facility
* Health Club, tennis, racket ball, aerobics, weight
lifting, swimming, weight loss clinic (all facilities to
be housed inside)
* Mortuary, funeral homes
1. Crematorium not permitted
* Limited Retail
a. Greenhouses and nurseries, landscaping services,
flowers and floral accessories
b. Vinyard and winery with retail sales limited to wine
c. Art sales and gallery
d. The compounding, dispensing or sale of drugs,
prescription items, patient or proprietary medicine,
sick room supplies, prosthetic devices or items
relating to any of the foregoing when conducted in the
building occupied primarily by medical, dental,
osteopathic, chiropractic or optometric offices
e. The retail sale of furniture, home furnishings and
related equipment
f. Books and stationery
g. Sporting goods, skiing, bicycles, motorcycles,
snowmobiles (all storage restricted to inside)
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Freewav Business District
(A) Purpose
The purpose of the Freeway Business District is to establish a
comprehensive planned framework for development along the I 94
Freeway. The City has determined that it is in the best interest of the
City and the region to responsibly manage growth in this district.
Specific development goals within the district include the following:
1) To limit development to comply with the capacity of
regional and local road systems.
2) To encourage a high quality development standard for
structures within the district, which are among the most visible
in the City.
3) To protect the natural environment, in accordance with City
Ordinances.
4) To restric uses to control businesses which result in
significantly increased municipal burdens, including police,
fire, traffic, and general Loss of the rural residential
atmosphere. Of specific concern is the aspect of
consumer/retail businesses which would generate traffic and
visitors out of proportion to the area being defined.
( B ) Permitted Uses
Clinics, medical offices
Financial Institutions such as banks employing more than
approx,50 people
Laboratories - medical, dental.
Office, administrative, corporate headquarters, professional.
Wholesale greenhouses, vinyards and nurseries with no retail
sales.
Golf courses.
Mortuary, funeral homes.
(C) No Conditional uses will he permitted
(D) No Accessory 'keg will be permitted
(E) Only Accessory Structures which are clearly incidental,
and subordinate tp the hnsiness will he permitted,
(F) Minimum Lot Requirements
1) Lot Area : 3.5 acres
2) Minimum Lot Width:
3) Minimum Lot Depth :
300 feet
400 feet
(
4) Building Setback From Property Lines:
a. Front 100 feet
b. Side 50 feet
c. Side (street) 100 feet
d. Rear 50 feet
e. Any line adjacent to 150 feet
a residential zone
5) Parking Setback from Property Lines :
a. Front 50 feet
b. Side 50 feet
c. Side (street) 50 feet
d. Rear 50 feet
e. Any line adjacent to 100 feet
a residential zone
6) Maximum Building Height : 35 feet
7) Maximum Lot Coverage by
All Structures : 25%
8) Maximum Total Lot Coverage,
Including Building, Parking,
All Driveways, Sidewalks and All
Other Impervious Surfaces : 50%
(G) FERFORMANCE STANPARJ»j
All related City Ordinances will apply.
REQUEST FORCIEDS COMMISSION REVIEW
Meeting Date:
i
j*%UENOA TOPIC: Request from Everett Beaubien
October 22, 1990
ITE.1
NO. 8.
Mr. Beaubien has asked for a concept review of a proposed subdivision
and variance to frontage on a public improved street.
As the drawing indicates Mr. Beaubien is requesting that another
homesite be allowed off of this same private road, without the
required frontage on a public improved street.
Mr. Beaubien has also proposed donating to the City the parcel
'(approximately 3 acres in size) so it can be combined with Sunfish
Park.
If the Commission loo]cs at this proposal favorably, I will have Mr.
Beaubien formally apply for the variance, and lot split.
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