HomeMy WebLinkAbout12-17-90 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
DECEMBER 17, 1990
Please note that all public hearings have been called for 7:30 p.m.
The time set forth on this agenda is a guideline and may start before
or after noted time.
7:30 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: November 26, 1990
7:40 p.m. 3. PUBLIC HEARING: Comprehensive Plan Amendment
8:15 p.m. 4. Rezoning (Continuation) Arabian Hills
8:45 p.m. 5. PUBLIC HEARING: Conditional Use Permit with
variances for advertising sign:
Applicant: 3M/National Advertising Co./
Crossroads Collisions
9:00 p.m.
6. PUBLIC HEARING: Limited Business (L.B.)
Zoning Ordinance
7. Concept Review: Fox Fire Mannor
8. Residential Estates Ordinance Review
9. Environmental Coalition
10. Other
11. ADJOURN
Date Approved: 12417�90
Date Issued: 1-11-91
LAKE ELMO PLANNING COMMISSION MINUTES
November 26, 1990
Vice Chairman John called the Planning Commission meeting to order at
7:40 p.m. in the council chambers. Present: John, Conlin, Dick
Johnson, Thomas, Johnston, Stevens, Wilfong, Bucheck, Enes (arrived
8:45), City Planner Mike Black, Administrator Kueffner, Councilman
Williams. Absent: Arkell, DeLapp.
1. AGENDA
Add: 3A. Petition Amending Comp. Plan.
M/S/P Johnson/Stevens - to accept the November 26, 1990 Planning
Commission Agenda as amended. (Motion carried 8-0.)
2. MINUTES: October 22, 1990
M/S/P Stevens/Conlin - to accept the October 22, 1990 Planning
Commission Minutes as amended. (Motion carried 5-0, Abstain: Wilfong,
Thomas, John.)
3A. Petition Amending Comp. Plan
Steve Korhel, 5540 Keats Ave., stated he was spokesman for the
petition presented at the November 20th City Council meeting, and
referred by the City Council to the Planning Commission. Korhel went
over the four reasons for the request to remove the RED "dip" area on
the Future Land Use Map. Korhel stated the petition is an attempt to
show the majority of the area land owners do not want this area zoned
RED.
The Commission stated that this area is not out of character on the
Future Land Use Map as there are other areas resembling it. The
Commission heard comments from area property owners and looked at the
Comprehensive Plan regarding amendments. The Comprehensive plan
states the procedure for amendments is first a petition, second an
application for amendment, third a public hearing.
M/S/P Bucheck/Wilfong - to hold a Public Hearing regarding the
petition requesting an amendment to the Lake Elmo Comprehensive Plan
that the property, located in the Southeast 1/4 of Section 3, T29N,
R21W, be amended from the Future Land Use of RED to the Future Land
Use of RAD; subject to completion of an application form within 72
hours, and based on a legal opinion by the City Attorney, and that all
property owners within 350 feet be notified. (Motion carried 8-0.)
Conlin was concerned about any legal ramifications this may have, the
City has shown intent.
M/S/P Stevens/Conlin - to request the City Administrator call a public
hearing for (the above motion) the petition for amendment to the Comp.
Plan for December 17, 1990 at 7:30 p.m. (Motion carried 8-0.)
Lake Elmo Planning Commission Minutes November 26, 1990 Page2
3B. Arabian Hills: Continuation of Public Hearing
Vice Chairman John called the public hearing to order at 8:45 p.m.
This is a continuation of the public hearing opened on October 8,
1990, for re -zoning and preliminary plat approval of "Arabian Hills".
All property owners within 350 feet were re -notified.
Due to the petition to amend the Comprehensive Plan and also due to
the fact that the preliminary plat does not meet all the minimum
requirements of the RE Ordinance the Applicant, Roger Kolstad,
requested that his application be tabled until the meeting on December
17th. Chairman John closed the Public Hearing.
M/S/P Conlin/Enes - to grant the applicant's request to table the
application for re -zoning and preliminary plat approval until the
December 17, 1990 Planning Commission meeting. (Motion carried 9-0.)
4. Concept: R1 Preliminary Plat - Clifford Atkins
Mr. Atkins is looking for direction from the Planning Commission to
proceed with rezoning and preliminary plat (Mr. Atkins was not
present). The Future Land Use Map shows this property to be SRD which
is R1. The Planning Commission stated that they have adopted a
resolution prohibiting any further rezoning to R1 within the City.
The Commission suggested Mr. Atkins rezone to RE and request a
variance for. his 16+ acres, or ask for an amendment to the Comp. Plan,
or ask for the R1 zoning based on the Future Land Use Map, or ask the
Planning Commisson to request an amendment to the Comp. Plan.
M/S/F Stevens/Enes - to deny rezoning to R1 and suggest to Mr. Atkins
to persue the possibility of a variance to develop as RED. (Motion
failed 4-5.)
M/S/F John/Johnston - to recommend to the City Council this property
be deemed part of the existing R1, and to give Mr. Atkins direction to
proceed under the R1 zoning. (Motion failed 3-6.)
M/S/F Johnston/Enes - to recommend the City Council grant a limited
exception to implement the R1 zoning of this specific property to be
consistent with the Future Land Use Map. (Motion failed 4-4, abstain:
Johnson.)
M/S/P Thomas/Stevens - to make no recommendation. Mr. Atkins is
advised that the Planning Commission does not propose to give him any
direction on this subject and that he should approach the Planning
Commission with a specific proposal. (Motion carried 9-0.)
Councilman Williams suggested the Planning Commission make an official
action asking for the City Council to give them direction on what to
do for this particular problem.
Lake Elmo Planning Commission Minutes November 26, 1990 Page3
M/S/P Bucheck/Wilfong - that the Planning Commission ask that the City
Council give the Planning Commission direction as to the conflict
between the Future Land Use Map, the Comp. Plan and the Resolutions.
(Motion carried 9-0.)
5. Limited Business Ordinance
On Saturday, November 17, an informal meeting was held to discuss the
Limited Business District. People attending this meeting were asked
if they wanted to they could submit Permitted Use suggestions. Mike
Mazzara attended the meeting and has submitted the following
suggestions through Commissioner Conlin: The City would definitely
miss the boat if it didn't include Highway Retail at intersections,
also to identify Office Park Areas (clumped in an area),and this
Limited Business District should be promoted.
The Commission went through the Limited Business District Ordinance as
drafted by City Planner Black. Attached are the changes suggested by
the Planning Commission, and the motions were as follows:
M/S/P Johnson/Conlin - to accept (A) (1-5) the Purpose as amended.
(Motion carried 9-0.)
M/S/P Bucheck/Wilfong - to accept (B) (1-5) under Permitted Uses as
amended. (Motion carried 9-0.)
M/S/P Bucheck/Conlin - to accept all the proposed changes made to the
Limited Business Ordinance. (Motion carried 9-0.)
M/S/P Conlin/Johnston - to call for a public hearing to consider the
Limited Business Ordinance as proposed for December 17, 1990 at 7:30
p.m., and to notify all property owners within the proposed district
as shown on the Future Land Use Map and all adjoining property owners,
and to also notify businesses in the "Old Village" business district.
(Motion carried 9-0.)
M/S/P Johnston/Conlin - to adjourn the Planning Commission meeting at
11:30 p.m. (Motion carried 9-0.)
ADDED a
Lake Elmo Planning Commission Minutes November 26, 1990 Page4
LB - Limited Business District
(A) Purpose
The purpose of the Limited Business District is to establish a
comprehensive planned framework for development along I-94.
The City has determined that it is in the best interest of the
City and the region to responsibly manage growth in this district.
It is the intent of this district to promote a high quality of
business design and development that produces a positive visual
image and minimizes adverse impacts from traffic congestion,
noise, odor, glare and similar problems. Specific development
goals within the district include the following:
(1) To encourage a high quality development standard for
structures within the district properties, which are
among the most visible in the City.
(2) To protect the natural environment, in accordance with
City Ordinances.
(3) To limit development to comply with the capacity of
regional and local road systems.
(4) To limit development by setting stringent requirements
for on -site sewer systems in order to avoid a=ge-mattwwe-
4ppep -, need for expansion of the Metropolitan Urban Service Area
line and sanitary sewer facilities.
(5) To establish permitted, accessory and conditional uses
in order to stimulate local economic prosperity along the
interstate corridor and within the Metropolitan Rural
Service Area while closely monitoring the magnitude of
development so not to prematurely demand the expansion
of local governmental services.
(B) Permitted Uses Permitted uses are as follows:
(1) Clinics for human care including medical, dental,
osteopathic, chiropractic and optometric offices.
(2) Finance, insurance, real estates, investment offices
gDDE'D i banks (with no drive -up windows).
(3) General offices including administrative, executive,
and corporate headquarters.
(4) Professional offices providing services such as legal,
engineering, architectural, accounting, auditing and
bookkeeping.
(5) Travel and empolyment agencies.
Lake Elmo Planning Commission Minutes November 26, 1990 Page5
(C) Conditional Uses Conditional Uses are as follows:
(1) Banks and financial services with drive -up windows.
-(44- - i-o-r= -et-oa .yas d--(not- 11-owed i-n--£-rent. -yard-
-s-tx}rjoe t- -t-o--s-e-r-eeiriixl--r-egqu-i-r-eme-rrt-s-)-.
(2) Health clubs including tennis, racketball, aerobics,
weight lifting, swimming, weight loss clinics (all
facilities to be housed inside).
(3) Limited retail uses including:
(a) retail sales clearly accessory to the permitted-4ppep
principal use of the land, -such-.ae-for example: _Appep
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.
(b) The retail sale of commodities marketed to the local
-s-u-b--r-eg-iona-1- area such as:
(1) Greenhouses and nurseries, landscaping services,
flowers and floral accessories.
(2) Art sale and gallery.
(3) Furniture, home furnishings and related equipment.
(4) Vineyard and winery produce and sale.
(5) Sporting goods, skiing, bicycles, motorcycles,
snowmobiles, boats and fishing gear (all storage
restricted to inside).
-(c)- Other- -reet-ai.1- sales kmeted tax4�rd the a-ut-omobi-1
1 ra ie a -ef--aitrprls-e--na-ttrr-e--sueh--cry ga.,o1i-ne-
sya eoiry n-i i-s#o-r-e- -de-1 i -foods- -may -be-
tlowed--a-s---pa-rt- lopment-
-andwhere- saad ue -i-s- to--otter-
-permi-t-ted-uses .
(5) Full service restaurants where food is served to a customer
and consumed while seated at a counter or table. -a l--not-
ine3udirrg facet- £noel ocr ieey-drive-t.lrr-cnigh sor iee -o-r-
teaeh 3031 = OL dens
Golf courses, Club houses, Golf sales, Driving ranges.
Lake Elmo Planning Commission Minutes November 26, 1990 Page6
(D) Permitted Accessory Uses
Permitted accessory uses shall include required off-street
parking, loading areas and signs as regulated in this ordinance.
Only accessory structures which are clearly incidental and
subordinate to the business will be permitted.
(E) Minimum District 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
a residential zone-1.0-0•-feet 150 feet
(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
a residential zone 100 feet
(6) Maximum Building Heights:
(7) Maximum Lot Coverage by
all structures:
(9)
-Mays-i-nuum- T-o-t-a-l- -Lo-t- -C -act
-o-f--e-1-1- intperitivtxs-s face:-
35 feet
25%
SO%
Maximum area to be covered by buildings, parking lots,
driveways and other hard surfaces:
Lot size
Up to 4 acres
Larger than 4 acres
to 8 acres
Covered Area
45% of lot size
35% of lot size
Larger than 8 acres 25% of lot size
Sewer Discharge: No sewer discharge shall exceed a ratio
of 3.0 SAC units per 3.5 acres. SAC units shall be
determined according to Section 309 h. and i.
Lake Elmo Planning Commission Minutes November 26, 1990 Page7
ApDEp+(10) Minimum Building Floor Size:
(F) Special District Requirements
4,000 square feet
Due to the high visibility of the Limited Business zone, the
following architectural, parking, landscaping, lighting and glare
standards shall be in addition to other existing standards in the
zoning code relating to the same:
(1) Architectural Standards
(a) It is not the intent of the City to restrict design
freedom unduly when reviewing project architecture in
connection with a site and building plan. However, it
is in the best interest of the City to promote high
standards of architectural design and compatibility with
surrounding structures and neighborhoods. New building
proposals shall include architectural plans prepared by
a registered architect and shall show the following:
(1) Elevations 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 and of heating,
cooling and ventilation equipment and systems.
(b) Unadorned prestressed concrete panels, concrete block
and unfinished metal shall not be permitted as exterior
materials. The City may at its sole discretion allow
architecturally enhanced block or concrete panels.
(c) All rooftop or ground mounted mechanical equipment and
exterior trash storage areas shall be enclosed with
materials compatible with the principal structure.
(2) Parking
All drives and parking lots shall be constructed with
fiwwit - concrete or blacktop, and with concrete curb and gutters.
Where appropriate, sidewalks may be required.
Parking lot landscape areas, including landscape islands
shall be reasonably distributed throughout the parking lot
area so as to break up expanses of paved areas.
(3) Landscaping
All yard area 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,
Lake Elmo Planning Commission Minutes November 26, 1990 Page8
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.
Where areas abut 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 prior to all final City inspections for construction
on site. Prior to the issuance of a builing permit or
commencement of any improvements on site, the owner shall
provide the City with a financial security for a minimum of
24 months, approved by the City Attorney, to assure
construction of the buffer area.
(4) Lighting 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 temperature processes, and as differentiated from
general illumination, shall not be visible at any property
line.
4DDEb: (5) 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 private roads must comply with existing City
Ordinances, with construction and maintenance being the sole
responsibility of the property owner.
AGENDA TOPIC:
REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date:
PUBLIC HEARING: Comprehensive Plan
Amendment
December 17. 199O
ITEM
NO. 3.
This is a public hearing to consider an amendment to the 1990
Comprehensive Plan as petitioned by local residents. (Copy attached)
Notice was published in the City's official newspaper and property
owners within 350 feet have been notified of this public hearing
(Copy attached).
Although the recommendation to the Council on this -proposed Comp Plan
amendment is the responsibility of the Planning Commission, staff must
address the reasons listed in said petition. This should enable the
Planning Commission to make a well thought-out recommendation on
this request.
Reason #1. "Spot Zoning" is illegal:
Spot Zoning, as identified on page 352 of a book entitled "The Language
of Cities" defines Spot Zoning as: "The designation of an isolated
parcel of land for a use classification harmful to or inconsonant.
with the use classification of the surrounding area so as to favor
a particular owner. The courts have held such zoning to be
"unreasonable" and'bapricious". To avoid judicial invalidation,
zoning of small areas can be enacted only when it is in furtherance
of a general plan properly adopted by, and designed to serve the
best interests of the community as a whole. This does not mean
that an entire City or County must be zoned at one time, but there
must be uniformity in the class or type of building to which the
zoning applies,
3. PUBLIC HEARING: Comprehensive Plan Amendment (Continued)
In looking at the overall Future Land Use Map and the current
zoning of the property just west of the dip, it does not appear
that the area in question is "isolated".
Reason #2. Bridge Issue: I have attached excerpts of the 20 year
plan from MnDOT. What this report states is that only the portion
of Highway 36 that goes through Stillwater will have either an
expressway or a freeway basic design, as determined by the project.
There is nothing in Mn/Dots 20 year plan, at this point iiHtitie,,.
that indicates any change to Highway 36 through Lake Elmo.
Reason #3. Inconsistency with adjacent RED Future Land Use:
One property owner in the dip area did, indeed, request consideration
for RED land use. I have enclosed the minutes that refer to that
Council discussion.
Reason #4. Notification: Attached is a certified copy of the public
hearing notice that was published in our legal newspaper. It was at
the suggestion of Councilman Williams that the staff send a copy of
the notice and the FLU Map to all residents in the City. There
certainly may be room for improvement to better inform our residents
on issues, but the fact remains we met statutory requirements.
Staff has tried to address the concerns raised by the petitioners,
but should you have any further questions, please don't hesitate to
call prior to the meeting.
Lc. \IJ`tIcto
X Ccmurehensi :-e Plan Amendment Simple Lot Division
' Zoning District Amendment .Large Lot Subdivision
Text Amendment Subdivision
Sketch
Conditional Use Permit Preliminary
Final
Subdivision Variance
Variance
Appeals
Trailer Park
Site & Bldg.
DEVELOPMENT APFTLICATICU FORM
Flood Plain Conditional Use
Permit
Plan Review Shorelard Permit
Miring Permits
purred Unit Development
Applicant f°Er `E-d/c/ZcC— 5„5-vo %< 47_74 Ape / a. 77o_211-?/
.(Name) (Address) (phone) •
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Owner /4,ti c� Ot /Li5 > s 6t/" 4$ ,4»
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etc.
(Address)
Property location (Street Address and Legal Description):
777- //7/
(phone)
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Description ardor Reason for Request (Cite Ordinance Section):
.12, / CAS see f/J%/9-L/Ha,v%
,In signing this application, I hereby acknowledge that _ have read and fully under—
stand the applicable provisions of the Zoning and Subdivision Ordinances and current
administrative procedures. I further acknowledge the fee explanation as outlined in
the application procedures and hereby agree to pay all statements received from the
City pertaining to addition application expense.
3;6d eig
///z/9d
Signature of Applicant / DLte
11/9/90
4
QEoV 1 S 1990
A PETITION REQUESTING AN AMENDMENT TO THE
LAKE ELMO COMPREHENSIVE PLAN
Dated May 30, 1990
THE AMENDMENT:
On page 30 of the Lake Elmo Comprehensive Plan, dated 5/30/90,
is the cities Future Land Use Map. On this map we are
requesting that the "DIP" area (please see attachment for
definition) be removed from the "RED" zoned section, that
borders the south side of Highway 36, and be put back into
an "RAD" zoning classification.
OUR REASONS:
1. "spot zoning" is illegal. The inclusion of the dip area
in the Highway 36 "RED" zone, breaks the horizontal boundary
of this section. We are concerned that not only does this
appear to be an example of spot zoning, but that its existence
may encourage other similar zoning attempts in our area.
2. A new bridge in theStillwaterarea is considered by many
to be a reality. If it does happen, Highway 36 will become a
FREEWAY and access to Keats avenue may be denied. This would
cause all those living in and around the "DIP" area to find
alternative routes of exit.
3. Including the "dip" area in the Highway 36 "RED" zone,
does not seem consistent with the manner in which the other
zones were drawn. The "DIP" appears to have been included
to favor one particular landowner. None of the adjoining
Lando nw ers approve of this zoning decision.
4. Although the city tried to notify everyone affected, and
certianly exceeded its notification requirement. There was
almost "complete surprise" by the residents that live in
and around the "DIP" area, when the reality of the future land
use map decision was realized.
We are asking that you restore what we had, and change the
"DIP" area back to an "RAD" zoning classification.
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A PETITION REQUESTING AN AMENDMENT TO THE
LAKE ELMO COMPREHENSIVE PLAN
Dated May 30, 1990
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State of Minnesota'
City of Lake Elmo
Kathy weeks ,being first duly sworn, deposes
and says: -
I am a United States citizen. over 18 years of age, and
a resident of the City of Lake Elmo, Minnesota
On December 4
, 19 90 , acting on behalf of the said
city, I deposited in the United States post office at
Lake Elmo, Minnesota, copies of the attached Public Hearing
Notice to Amend the Comp, Plan , enclosed in sealed
envelopes, with postage thereon fully prepaid, addressed
to the following persons at the addresses appearing
opposite their respective names:
Name Address
(See Attached List)
There
place
is delivery service by United States mail between the
of mailing and the places so addressed.
L)2—
'ignature
Subscribed and sworn to before me this 4 day of December
1990
4...„..t MARILYN E. BANISTER
, NOTARY PUBLIC - MINNESOTA
WASHINGTON COUNTY
• My Commission Expiroa Dec. I,1090
i}
otary flbtic
Notice of Public Hearing
The Lake Elmo Planning Commission will hold a public hearing on
Monday,
December 17, 1990 at 7:30 p.m., at City Hall, 3800 Laverne
Avenue, to consider a petition presented to the City for an amendment
to the Comprehensive Plan. Said petition requests that the property,
located in the Southeast 1/4 of Section 3, T29N, R21W, with designated
Future Land Use of RED, Rural Estates Density, be amended to a Future
Land Use of RAD, Rural Agricultural Density.
All persons who wish to speak regarding this proposed amendment to the
1990 Comprehensive Plan will be given that opportunity at this public
hearing.
Mary Kueffner
City Administrator
November 27, 1990
Published St. Croix Valley Press December 5, 1990
Ncrcott Investment Co.
Attn: Larry Lisle
5926 Bass Lake Rd.
Crystal, MN 55429
Don Richie
9393 55th St. N.
Lake Elmo, MN 55042
Jerry Dreis
9480 53rd St. N.
Lake Elmo, MN 55042
William Horwath
9440 53rd St. N.
Lake Elmo, MN 55042
Richard Rengstorf
9400 53rd St. N.
Lake Elmo, MN 55042
Russell W. Wegwerth
9377 53rd St. N.
Lake Elmo, MN 55042
Rolf Schubert
5222 Keats Avenue N.
Lake Elmo, MN 55042
Pete & Pam Eggen
5250 Keats Avenue N.
Lake Elmo, MN 55042
Steve & Nancy Korhel
5540 Keats Avenue N.
Lake Elmo, MN 55042
Thomas Hermanson
5545 Keats Avenue N.
Lake Elmo, MN 55042
Keith Raleigh
5435 Keats Avenue N.
Lake Elmo, MN 55042
John & Helen Regenold
626 W. Cottage Avenue
St. Paul, MN 55117
David & Cynthia Sterholm
5240 Keats Avenue
Lake Elmo, MN 55042
George Dege
5193 Keats Ave. N.
Lake Elmo, MN 55042
Catherine Crocker
5093 Keats Ave. N.
Lake Elmo, 1N 55042
Mary Kane
5010 Keats Ave. N,
Lake Elmo, MN 55042
Arlene Meyer
11601 Capri Dr.
Sun City, AZ 85351
Robert & Marie Meyer
5220 Keats Ave. N.
Lake\Elmo, MN 55042
Lake Elmo also receives funds through the Municipal State Aid
program and has a continuing program to maintain and rebuild MSA
roads in the City. Refer to the latest 5-year "MSA Street Plan".
3. Parks
The City also maintains a five year parks plan which emphasizes
development of City parks.
4. Fire Department
The City also has a five year plan for its Fire Department. The
main emphasis is to provide funds to replace equipment as needed.
E. COMPREHENSIVE PLAN AMENDMENT PROCEDURES
Ideally, the Comprehensive Plan should be reviewed and updated
annually in order to reflect current community attitudes and to
remain a legitimate guide for growth and decision making. Before
any development proposal is considered, it should be evaluated for
consistency with this plan. If a proposed development is not
consistent, the City must first determine if the Comprehensive
Plan should be amended. An amendment to the Comprehensive Plan
may be initiated by a petition of property owners or citizens, a
recommendation of the Planning Commission, or by action of the
City Council. Applications for amendments which are initiated by
property owners or citizens shall be filed with the City and shall
include all information as stated on the application form. The
Planning Commission shall hold at least one public hearing on the
proposed amendment, notice of which shall be published in the
City's designated legal newspaper according to the requirements
for amendments_ tel the zoning ordinance.. Within 90 days after
receipt of an application, the planning commission shall make a
written report to the City Council stating it's findings and
recommendations unless the applicant requests in writing that an
extension of time for review be granted by the planning
commission. The City Council may hold a public hearing within 30
days after the receipt of the report and recommendations of the
Planning Commission, if deemed necessary. The Council may also
request further information or reports from the Planning
Commission. All proposed amendments shall be simultaneously
coordinated with other public jurisdictions such as Metropolitan
Council, school districts, and adjacent cities. Any amendment to
the Comprehensive Plan shall require a four -fifths affirmative
vote of the City Council for adoption. No application which has
been denied shall be resubmitted for a period of six months from
the date of such order of denial.
54
#772 P02
conforming owner a rests(
his investment under the
billboards, garages, gas s
sive: some require absinth
twenty. The validity of st
in all jurisdictions, and w,
siana case, the rulings we
Lions of Muscovite ukase
nest" and "administrativ,
waiving the rules. Zoning
in the political kit of local
Pat -exrsTWG.)
DEC-12—'90 tdED 10:34 ID:JRMES R HILL IMC TEL NO:612 884-9518
THE LANGUAGE OF CITIES : 352
heat, fire hazards, noxious gases, industrial wastes, transportation and
traffic, aesthetics, and psychological impacts.
Performance standards are also being employed for subdivisions; here,
instead of specifying the width of a roadway or right-of-way, the per-
formance regulation sets forth the required number of moving lanes, pe-
destrian ways, and parking facilities. Similarly, population density might
fix over-all density requirements, such as six dwelling units per acre with
a minimum lot area of 45oo square feet. This might afford opportunity
for more original design and innovation than the rigid regulation and
allow freer expression to technology, future as well as present.
Performance standards have not won general acceptance or achieved
perfection. They may be subject to over -liberal interpretations under po-
litical pressures; technical know-how is not always available in small
places; they often emphasize minimum rather than desirable standards.
But the more detailed specification also has its problems, and perform-
ance standards have provided an experimental frontier pointing the way
to a new form of land and building regulation that might season subdivi-
sion formations with something better than more of the same. (See
ARCHITECTURE, LEGISLATIVE; PLANNED -UNIT DEVELOPMENT.)
zoning permit An official finding that a planned use or structure
complies with the zoning regulations or is allowed by the granting of an
exception or variance. No new development or substantial change of use
can occur until such a permit is issued. (See CERTIFICATE OP OCCUPANCY.)
zoning, spot The designation of an isolated parcel of land for a use
classification harmful to or inconsonant with the use classification of the
surrounding area so as to favor a particular owner. The courts have held
such zoning to be "unreasonable" and "capricious." To avoid judicial in-
validation, zoning of small areas can be enacted only when it is in fur-
therance of a general plan properly adopted by, and designed to serve
the best interests of, the community as a whole. This does not mean that
an entire city or county must be zoned at one time, but there must be
uniformity in the class or type of building to which the zoning applies.
zoning, time Restricting an existing non -conforming use to a specific
period, upon the expiration of which it becomes illegal. Sometimes re-
ferred to as "amortization of the usc," it is presumed to afford the non-
Major Section : 8 Trunk Highs *y : 5
Termini : I-694 to TH 36
TH 5 is a state, minor arterial, FAU highway that should be con-
sidered for tumback to a local, minor arterial, FAU route. This
section of TH 5 should remain a good two-lane roadway with few
signals, high speeds, and limited access to accommodate medium
volumes and long-range trip lengths. Physical improvements warrant
a low to medium priority, as does maintenance.
Major Section : 9 Trunk Highway : 8
Termini : I-35 to Wisconsin
TH 8 is and should remain a state, principal arterial, FAU highway.
This two-lane roadway should have no signals and should remain
accessible for high speed travel (55 mph) to accommodate high
volumes and long trips. Peak travel demands (mostly on weekends)
may require consolidation or control of access and TSM measures
through each city on the roadway. The roadway warrant a medium
to high priority for physical improvements and for maintenance.
Major Section : 10 Trunk Highway : 10
Termini : Ramsey/Anoka County Line to I-35W
TH 10 in this section will be a state, principal arterial, FAP route
when it is completed. The four -lane roadway should have full arress
control with interchanges, high speeds (55 mph) and no signals. The
roadway warrants a high priority for physical and capacity improve-
ments and for maintenance.
Major Section : 11 Trunk Highway : 10
Termini : Hennepin County Line to I-35W
TH 10 is a state, minor arterial, FAU highway that should be
considered for turnback to a local, minor arterial, FAU route upon
the completion of TH 10 between TH 47 and I-35W (major section
10). Until the tumback is completed, the roadway will continue to
serve high traffic volumes and therefore should remain a good
four -lane roadway with coordinated signals, high capacity intersec-
tions, and no new access. The roadway warrants a low priority for
physical improvements; and a medium priority for safety improve-
ments at intersections and maintenance.
24 DISTRICT NINE TWENTY YEAR PLAN
warrant consideration and should be allowed. The roadway warrants
a high priority for maintenance.
Major Section : 28 Trunk Highway : I-35W
Termini : Lake Drive To North Jet. I-35/I-35E
I-35W is and should remain an Interstate freeway. On this four -lane
roadway, interchange modifications, relocations or additions should
be allowed within the MUSA boundary if warranted through the
Metropolitan Highway Interchange process. Capacity improvements
within the MUSA boundary should be allowed. The roadway war-
rants a high priority for maintenance.
Major Section : 29 Trunk Highway : 36
Termini : I-35W to TH 61
TH 36 is and should remain a state, principal arterial, FAP route. On
this four -lane roadway interchange modifications, relocations or
additions should be allowed if warranted through the Metropolitan
Highway Interchange process. The route should have full access
control and high speeds (55 mph) should be encouraged. Capacity
and physical improvements warrant a high priority. The roadway
warrants a high priority for maintenance.
Major Section : 30 Trunk Highway : 36
Termini : TH 61 to 1-694
TH 36 is and should remain a state, principal arterial, FAP highway.
From TH 61 to White Bear Ave., the roadway should be a four -lane
freeway with full access control and high speeds (55 mph). Inter-
change modifications, relocations or additions should be allowed if
warranted through the Metropolitan Highway Interchange process.
Capacity and physical improvements warrant a high priority, as does
maintenance.
Major Section : 31 Trunk Highway : 36
Termini : I-694 to Wisconsin
TH 36 is and should remain a stale, principal arterial, FAP highway.
Between I-694 and Stillwater, the roadway should remain an ex-
pressway in good condition with high speeds (55 mph), access at
major crossroads, and no signals. The portion of the major section
DISTRICT NINE TWENTY YEAR PLAN 29
through Stillwater (TH 36 or TH 5) will have either an expressway
or a freeway basic design, as determined by the St. Croix River
crossing replacement project. The roadway warrants a medium
priority for capacity and physical improvements and a high priority
for maintenance.
r
Major Section : 32 Trunk Highway : 49
Termini : University Ave. to I-694
TH 49 is a state, minor arterial, FAU highway that should be
considered for tumback as a local, minor arterial, FAU route. On this
roadway, average speeds of 30-40 mph are encouraged and signals
should be allowed consistent with operating speeds. Improvements
requiring rights of way or consolidation or access control warrant a
low priority. Capacity or physical improvements also warrant a low
priority, as does maintenance. TSM measures, however, warrant a
high priority.
Major Section : 33 Trunk Highway : 49
Termini : 1-694 to I-35W
TH 49 is and should remain a state, minor arterial, FAU highway.
This highway should be a fair condition, two-lane roadway with few
signals, and moderate to high speeds (45-55 mph) to accommodate
medium -to long range trips. MnDOT should encourage TSM
measures, such as consolidation and control of access, for the sections
of this roadway that pass through highly developed areas. The
roadway warrants a medium priority for maintenance.
Major Section : 34 Trunk Highway : 49
Termini : I-35W to End (Metro Training Center)
TH 49 is a state, minor arterial highway that should be considered for
turnback as a local, collector street. Average speeds (40 mph) on this
two-lane roadway are encouraged. The roadway warrants the lowest
priority.
Major Section : 35 Trunk Highway : 50
Termini : I-35 to North Jct. TH 3
TH 50 is a state, minor arterial, FAS highway that should be con-
sidered for turnback as a local, major collector, FAS route. This
30 DISTRICT NINE TWENTY YEAR PLAN
Major Section : 59 Trunk Highway : 88
Termini : Hennepin County Line to I-35W
TH 88 is a state, minor arterial, FAU highway that should be
considered for turnback as a local, minor arterial, FAU route. The
roadway is a high speed (55 mph) four -lane roadway that warrants a
low priority for capacity improvements and maintenance.
Major Section : 60 Trunk Highway : I-94
Termini : Mississippi River to I-694/I-494
I-94 is and should remain an Interstate freeway. On this eight -lane
roadway, interchange modifications, relocations or additions should
be allowed if warranted through the Metropolitan Highway Inter-
change process. A high priority is warranted for capacity improve-
ments and maintenance.
/ Major Section : 61 Trunk Highway : I-94
Termini : I-694/I-494 to Wisconsin
I-94 is and should remain an Interstate freeway. On this four -lane
roadway, interchange modifications, relocations or additions should
be allowed if warranted through the Metropolitan Highway Inter-
change process, but are discouraged outside the MUSA boundary. A
high priority is warranted for capacity improvements and main-
tenance.
Major Section : 62 Trunk Highway : 95
Termini : TH 61 to 1-94
TH 95 is and should remain a state, minor arterial, FAS highway. On
this two-lane roadway, traffic signals should be discouraged outside
cities, but allowed within city limits. TSM measures, safety improve-
ments, and consolidation of access warrant a medium priority.
Reconstruction activities such as shoulder widening are not war-
ranted except for spot safety improvement. Capacity improvements
and maintenance warrant a medium priority.
DISTRICT NINE TWENTY YEAR PLAN 37
LAKE ELMO CITY COUNCIL MINUTES MAY 16, 1989 PAGE 6
Larry Bohrer pointed out that during development you are given the
opportunity to define drainage, ponding and right-of-way easements and the
City is in a very good position to impose these costs on a developer.
Otherwise, to improve that area with the types of ponding or other needs,
the City would have to purchase the land or condemn it.
Under watershed law, Bohrer explained the City has to have a drainage plan
within the local plan for that part of the City that lies in the VBWD.
According to Bohrer, since the VBWD Managers were amending their basic
plan, Karen Chandler of Barr Eng., lead him to believe that our deadline
for a Water Management Plan was not to come in the upcoming year;
therefore, the City did not budget for it.
Bohrer felt it would be better for the City to have a drainage plan in
place when a developer comes in with an application. The City can either
adopt the VBWD Plan as our plan or develop their own that would follow
their basic guidelines. If the City adopts their plan, that is expedient
and cheap, but it doesn't address our individual problems. In his opinion
the most immediate need is the-w-h-l-e-village area, north of the railroad
tracks.
Cletus Tauer, 5270 Keats Avenue, requested consideration for RE zoning on
his 40+ acres (South of Hwy 36, abutting Foxfire Estates on the West which
has a 66 ft. wide road easment off of Keats Avenue). Tauer stated he has
no immediate plans, but he had talked to Bruce Folz and was aware of the
plan for connecting the street.
Based on the health, safety and welfare issue and the possibility of the
road being connected without the City incurring any expense, Councilman
Hunt would support the RE zoning for the Tauer property.
In trying to bring some overall criteria for RE 2 1/2 acre versus 5 acre,
Councilman Williams suggested RE 5 acres rather than the. proposed 2 1/2
acre of the tabletop farmland on the southside, 1/2 mile to the east of
Cty Road 13B and for the area west of Cty Rd. 15 by the Oakland Jr. High
School. (Planning Commission member Steve DeLapp indicated area by lining
with 5 acre color code).
Councilman Graves stated he would be comfortable with 5 acre RE, but with
the realization that it is a Comp Plan and it can be changed if people
come in and request 2 1/2 acre RE.
Councilman Hunt had no problem supporting this area as 5 acre RE because
he felt loth Street has become a very busy street and 2 1/2 acres of flat
land is not as promising as 5 acres.
next to Cty. Rd, 15
Based on conversations he has had with these propertyowners,AMoe felt they
would not be interested in developing 5 acre parcels.
Councilman Williams submitted a revised Resolution for Council
consideration. Williams stated "In the past he has gone on record as
saying he is not convinced that commercial development on I-94 is
necessarily in the best interest of the City. However, if the Council
adopts this Future Land Use Map as a workable document, then he is
committed to making that zone work as best that we can."
LAKE ELMO CITY COUNCIL MINUTES
MAY 16, 1989 PAGE 7
Planning Commission member Ed Stevens explained at the last meeting, the
PZ decided they didn't have to specifically state what businessess should
or should not be qualified for along I-94, that it would just be
understood. After later consideration, it seemed to some of the PZ
members that it would be better to let the Council know their
recommendations. For this purpose, Ed polled the PZ members, who signed
and submitted their recommendations to the Council.
M/S/P Graves/Hunt - to amend the Future Land Use Map to include the Cletus
Tauer property (42.75 acres) as 2 1/2 acre RE Zoning; the two parcels
north of Eden park indicated by Councilman Williams with surface water
problems remain Rural Residential, but would be available for RE
development (Upper parcel proposed as 5 acre RE, Bottom parcel proposed as
2 1/2 acre RE) post completion of the 1990 Surface Water Management Plan;
area east of Cty. Rd 13B, South of loth Street for 3/4 mile be changed to
5 acre RE from 2 1/2 RE shown at present, areas by 15th Street, South of
Oakland Jr. High School be changed to 5 acre RE. (Motion carred 4-1 Moe:
He was not in favor of the zoning change to 5 acre RE for the property on
Manning and I-94).
The revised resolution that Williams provided was discussed and changed as
follows: the moratorium was eliminat�e d,�,.{,n^,�terstate Freeway Business
Development will be an interim nE izt4tcd-t�gory along I-94 corridor, and
amend the text of the 1989 Comp Plan to reflect the intent of the FLUMap
as amended by consensus on May 16, 1989. (See Resolution 89-31)
M/S/P Williams/Hunt - to adopt Resolution 89-31 approving the Future Land/
Use Map Concept, as amended by consensus of the Council on May 16, 1989
and directing an amendment to the Comprehensive PlantoreflecttheFuture
Land Use Map. (Motion carried 5-0).
B. Rezoning: Packard Park, 3rd Addn. (Gene Peltier)
Now that the Council has reached a consensus on a future land use map, the
Council reconsidered the zoning application from Gene Peltier.
Councilman Williams questioned the Council's action to adopt the Future
Land Use Map before the Public Hearing was held and made the following
motion.
M/S/ Williams/Hunt - to adopt Ordinance 8024 amending the 1979 Municipal
Code, Section 301.070C, to wit: rezone the parcel described as THAT PART
OF THE NORTH 44.5 ACRES OF THE SOUTH 57.89 ACRES OF GOVERNMENT LOT 3,
SECTION 24, T29N, R21W, WASHINGTON COUNTY, MINNESOTA LYING WEST OF THE
EAST 1090 FEET; EXCEPT THE TRACTS DESCRIBED IN BOOK 96 OF DEEDS, PAGE 98;
AND BOOK 96 OF DEEDS, PAGE 99 AND BOOK 105 OF DEEDS, PAGE 240 from Rural
Residential to R1, based on its conformance with the proposed future land
use map, and based on a favorable recommendation from the Planning
Commission; contingent on the rezoning to be effective after formal
adoption by the City Council of the Future Land Use Map which showed this
land as R1.
Councilman Graves stated he has every intent to move ahead with this plat
He pointed out tht once again at this meeting, the Council by majority
PRINTER'S AFFIDAVIT OF PUBLICATION
CITY OF LAKE ELMO
NOTICE OF PUBLIC HEARING FOR 1990
LAKE ELMO COMPREHENSIVE PLAN FOR
THE CITY OF LAKE ELMO, WASHINGTON
COUNTY,
MINNESOTA
The Lake Elmo Planning Commission will
hold a public hearing on Monday, June 11,1990 at
730 p.m, at city hall, 3800 Laverne Ave, N., Lake
Elmo, MN to receive public comment on the pro-
posed 1990 Lake Elmo Comprehensive Plan.
A complete copy of the proposed 1990 Lake
Elmo Comprehensive Plan, including the City's
Future Land Sue Map Is on file at the city office for
public review.
All persons who wish to be heard regarding
the proposed 1990 Lake Elmo Comprehensive
Plan will be given that opportunity at this public
hearing. Written comments will be accepted up
until the time of the public hearing.
Mary Kueffner
City Administrator
Published in in the St. Croix Valley 1990
Press May 23 ,
&30,1990
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
County of Ramsey ) SS
Eugene D. Johnson, being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The St. Croix Valley Press, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all of the requirements con-
stituting qualification as a qualified newspaper, as provided by Min-
nesota Statute 331A.02, 331A.07, and other applicable laws, as amend-
ed.
(B)Theprinted CITY OF LAKE ELMO
Lake Elmo Comp. Plan for the City of Lake Elmo,
which is attached was cut from the columns of saidhnewspoape , an w`ad MN
printed and published once each week, for Two successive weeks; it
was first published on Wednesday
, the 23 day of
May , 19 90, and was thereafter printed and published on
every Wedne sdav to and includingWed nP Gri ay, the 30 day of
May , 19 '9 0 and printed below is a copy of the lower case
alphabet from A to Z, both inclusive, which is hereby acknowledged as
being the size and kind of type used in the composition and publication of
the notice:
abcdefg hli kl m n opq rstuvwxyz
BY: e--
TITLE: Publisher
Subscribed and sworn to before me on
this 3 0 day of May
19 90,
Notary P4blic, Ramsey Cou�ty, Minn.
My Commission expire= F P h. 1 d 19 90
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space.
15.50
(Line, wo
rd, or inch rate)
(2) Maximum rate allowed by law for ¢ _ g 7
the above matter.
(Line, word, or inch rate)
(3) Rate actually charged for the
above matter.
5.67
(Line, word, or inch rate)
PRINTER'S AFFIDAVIT OF PUBLICATION
CITY OF LAKE ELMO
WASHINTON COUNTY,
MINNESOTA
ORDINANCE 8038
AN ORDINANCE ADOPTING THE .
1990 COMPREHENSIVE PLAN
'FOR LAKE ELMO, MINNESOTA
BEFORE RECEIVING COMMENTS
FROM SURROUNDING LOCAL
• -- GOVERNMENTS, SCHOOL
DISTRICTS AND METROPOLITAN
. AND/OR STATE AGENCIES SO AS
TO PROVIDE GUIDANCE IN
—PLANNING AND ZONING ISSUES
... FOR THE CITY OF LAKE ELMO
is' WHEREAS, the City of Lake Elmo has spent
_.considerable time developing a new
Comprehensive Plan; and
"""WHEREAS, The Lake Elmo Planning "
Commission has completed a plan, held public
hearings on the m aner, and recommended a new
Comprehensive Plan to the City Council for
..approval.
.NOWTHEREFORE, BE IT RESOLVED: I
," 1. That, the Lake Elmo City Council adopted
the 1990 Comprehensive Plan in order to provide
policy direction and guidance for several imminent
• planning and zoning decisions the City currently
faces.
2. THAT, the City Council directs the City
Administrator to submit the 1990 Lake Elmo
N Comprehensive Plan to surrounding local
; ' governments, school districts and metropolitan
andlor state agendas for review and comments.
` Comments will be -received up until December3,
1990 and will be studies and considered for
• • incorporation into the 1990 Comprehensive Plan
by the Planning Commission and theClty Council
after all comments have been made.
Adopted this 2l st day of August, 1990 by the
City Council of the city of Lake Elmo.
Susan Dunn, Mayor
- •'Attest:
Mary Kueffner, City Administrator
Published in the St. Croix Valley Press September
26,1990.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ►
County of Ramsey ) ss
Eugene D. Johnson, being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The St. Croix Valley Press, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all of the requirements con-
stituting qualification as a qualified newspaper, as provided by Min-
nesota Statute 331A.02, 331A.07, and other applicable laws, as amend-
ed.
(B)The printed CTTV f W TAKE ET,MO
hr,Rinanno c1D1R
which is attached was cut from the columns of said newspaper, and was
printed and published once each week, for One successive weeks;
it was first published on aloft n a c ri a y • the 7 6 day
of Sentemher 19B , and was thereafter printed and published on
every to and including , the day
of , 19____; and printed below is a copy of the lower
case alphabet from A to Z, both inclusive, which is hereby acknowledged `\
as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdefghll klm nopgrst uvwxyz
Tin ,F'• Publisher
Subscribed and sworn to before me on
this 76 day of SepFem her ,19 90.1
A
DARLENE J. MICKO
NOTARY PUBLIC - MINNESOTA
RAMSEY COUNTY
My commlaslon expires 7-8-06
Notary Public, Ramsey County, Minn.
My Commission expires July 8 Ig 96
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space.
(2) Maximum rate allowed by law for s
the above matter.
15.50
(Line, word, or inch rate)
5.67
(Line, word, or inch rate)
(3) Rate actually charged for the 5.67
above matter.
(Line, word, or inch rate)
REQUEST FOR PLANNING COM`?ISSION REVIEW
Meeting Date: December 17, 1991
AGENDA TOPIC: Rezoning (Continuation) Arabian Hills
ITEM
NO.
4.
The applicant has requested that the Planning Commission consider, at
this meeting, the rezoning request and that the Commission take
further action to table its recommendation on the preliminary plat.
I have just received a letter from Met Council indicating that its
review of our Comp Plan will be done by February 25, 1.991. Regardless
of what we have been told in the past, we cannot officially rezone any
property based on its conformity to our Comp Plan until we receive
approval from Met. Council. You do, however, have the option to
recommend that the City Councilapproved the requested rezoning
contingent upon approval of our Comp Plan by the Met Council.
DEC 1 3 1990
TIE PROFESSIONALS, INC.
REAL ESTATE & CONSULTING CENTER
December 12, 1990
City of Lake Elmo
3800 Laverne
Lake Elmo, MN 55042
RE: Northern Lakes Diversified, Inc.
6579 North Shore Trail
Forest Lake, MN 55025
Dear Members:
On behalf of Northern Lakes Diversified, Inc., I am requesting that the
preliminary approval process of our plat of Arabian Hills be tabled until
further notice.
Sincerely,
Roger Kolstad
RK/jl
1200 OSBORNE ROAD N.E. ❑ FRIDLEY, MN 55432 ❑ 612-780-9751
OEC 1 01990
METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359
December 6, 1990
Ms. Mary Kueffner
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo MN 55042
RE. City of Lake Elmo Comprehensive Plan Amendment Review
Complete Update of Comprehensive Plan
Metropolitan Council District 16
Metropolitan Council Referral File No. 15238-1
Dear Ms. Kueffner:
The Metropolitan Council staff has reviewed the city of Lake Elmo's proposed comprehensive plan
amendment received by the Council on November 27, 1990.
The staff has questions regarding the plan in the areas of sewers, natural resources, and
transportation. Specifically, what assurances does the city have that operators of private treatment
systems will operate and maintain their wastewater treatment plants? What is meant by "major"
wetlands as it relates to wetland protection?
A proposed amendment that represents a complete update may not be put into effect by the local
unit of government until the Council review is complete. The law allows the Council 90 days from
receipt of the proposed amendment to complete its review. If the Council requires a modification
to the proposed amendment, the amendment may not be put into effect until the Council has
approved the modification.
The 90-day review period ends on February 25, 1990. Within that 90-day period, Council staff will
complete a review of the proposed plan amendment and forward a copy of the staff report to the city
prior to consideration by the Metropolitan and Community Development Committee.
If you have any questions during the review period, please feel free to contact Richard Thompson,
principal reviewer, at 291-6457.
Sincerely,
3eve e�
Chair
cc. Patrick J. Scully, Metropolitan Council District 16
John Rutford, Metropolitan Council Staff
Richard Thompson, Metropolitan Council Staff
473.173 METROPOLITAN GOVERNMENT
8340
appropriate state and regional agencies and all cities, counties, towns, school districts,
and watershed districts within the metropolitan area no later than 30 days prior to the
hearing. In adopting or amending the rules the enactment of this section shall be
deemed to establish or show the need for and to provide evidence in support of the rules
or amendments as required in chapter 14, and rules pursuant thereto, but the council
shall prepare for distribution a written summary describing the basis for the composi-
tion of the draft rules or amendments submitted for hearing and shall afford to all
interested persons an opportunity at the hearing to question and make suggestions
concerning their composition. Following the hearing, the council may revise the
proposed rules, giving consideration to all comments received, and thereafter the
council shall finally adopt these rules.
Subd. 6. The council and the advisory metropolitan land use committee shall
review and assess the rules following their effective date and at least every two years
thereafter. On or before January 15 of each year, the council shall report to the
legislature concerning metropolitan significance. No major alteration or amendments
to standards for determining the necessity for a comprehensive review shall be put into
effect by the council until 90 days have elapsed following the report to the legislature
in which the alteration or amendment was proposed and recommended by the council.
History: 1975 c 13 s 18; 1976 c 321 s 2; 1982 c 424 s 130; 1984 c 248 s 70; 1986 c
460 s 24,25
473.175 COUNCIL REVIEW; COMPREHENSIVE PLANS, SCHOOL DISTRICT
CAPITAL IMPROVEMENT PROGRAMS.
Subdivision 1. The council shall review the comprehensive plans of local govern-
mental units and the capital improvement programs of school districts, prepared and
submitted pursuant to Laws 1976, chapter 127, sections 1 to 23, to determine their
compatibility with each other and conformity with metropolitan system plans. The
council shall review and comment on the apparent consistency of the comprehensive
plans and capital improvement programs with other adopted chapters of the metropoli-
tan development guide. The council may require a local governmental unit to modify
any comprehensive plan or part thereof which may have a substantial impact on or
contain a substantial departure from metropolitan system plans.
Subd. 2. Within 120 days following receipt of a capital improvement program of
a school district, unless a time extension is mutually agreed to, the council shall return
to the school district a statement containing its comments. Within 120 days following
receipt of a comprehensive plan of a local governmental unit, unless a time extension
is mutually agreed to, the council shall return to the local governmental unit a statement
containing its comments and, by resolution, its decision, if any, to require modificat-
ions to assure conformance with the metropolitan system plans.
No action shall be taken by any local governmental unit or school district to place
any such comprehensive plan, capital improvement program or part thereof into effect
until the council has returned the statement to the unit or district and until the local
governmental unit has incorporated any modifications in the plan required by a final
decision, order, or judgment made pursuant to section 473.866. Promptly after
submission. the council shall notify each city, town, county, or special district which
may be affected by the plans or programs submitted, of the general nature of the plans
or programs, the date of submission, and the identity of the submitting unit or district.
Political subdivisions contiguous to or within the submitting unit or district shall be
notified in all cases. Within 30 days after receipt of such notice any governmental unit
or district so notified or the local governmental unit or district submitting the plan or
program may request the council to conduct a hearing at which the submitting unit or
district and any other governmental unit or subdivision may present its views. The
council may attempt to mediate and resolve differences of opinion which exist among
the participants in the hearing with respect to the plans or programs submitted. If
within 120 days, unless a time extension is mutually agreed to, the council fails to
complete its written statement the plans or programs shall be deemed approved and
8341
may be placed into
council's review sh
manner as the origi
filed with the plan
at all places where -
Subd. 3. If a
accordance with La•
hearing by resolutic
plans and that the I
required pursuant t
order, or judgment .
proceedings to enfo
appropriate legal a,
located.
History: 1975 c
473.181 ADDITIC
Subdivision 1.
highway constructic
Subd. 2. Pad
pursuant to section
made available for
conservation fund,
the state treasury, is
by law as part of a c
disapprove of the u
Subd. 3. Met
of public transit sys
commission pursua
Subd. 4. Solit.
of local governmen•
115A.89.
Subd. 5. Airp
capital projects pur
tan airports comma
the commission she
consistent with the
History; 1975
473.191 LOCAL 1
Subdivision 1.
units, enter into cc
and others for the p
nity planning. Thi.
(a) Assistance
physical plans with
of public facilities
(b) Programm
urgency, together •
structed in the earl
(c) Coordinati
government concur
(d) Intergover
state and local gov
8340
tool districts,
s prior to the
tion shall be
rt of the rules
it the council
the composi-
afford to all
e suggestions
ay revise the
hereafter the
nmittee shall
ery two years
report to the
amendments
Ill be put into
he legislature
y the council.
4 s 70; 1986 c
L DISTRICT
'lo Tovern-
prL, ed and
termine their
n plans. The
]mprehensive
he metropoli-
.nit to modify
impact on or
nt program of
it shall return
lays following
,me extension
it a statement
ire modificat-
strict to place
eofinto effect
until the local
red by a final
romptly after
district which
t of the plans
nit or district.
strict shall be
rnmental unit
ng the plan or
nitting unit or
:s views. The
h among
suL ..tted. If
mind] fails to
approved and
8341
METROPOLITAN GOVERNMENT 413.191
may be placed into effect. Any amendment to a plan or program subsequent to the
council's review shall be submitted to and acted upon by the council in the same
manner as the original plan or program. The written statement of the council shall be
filed with the plan of the local government unit or the program of the school district
at all places where the plan or program is required by law to be kept on file.
Subd. 3. If a local governmental unit fails to adopt a comprehensive plan in
accordance with Laws 1976, chapter 127, sections I to 23 or if the council after a public
hearing by resolution finds that a plan substantially departs from metropolitan system
plans and that the local governmental unit has not adapted a plan with modifications
required pursuant to section 473.866 within nine months following a final decision,
order, or judgment made pursuant to section 473.866, the council may commence civil
proceedings to enforce the provisions of Laws 1976, chapter 127, sections 1 to 23 by
appropriate legal action in the district court where the local governmental unit is
located.
History: 1975 c 13 s 19; 1976 c 127 s 14; 1977 c 347 s 68
473.181 ADDITIONAL COUNCIL REVIEW POWERS.
Subdivision 1. Trunk highways. The council shall review proposed trunk
highway construction pursuant to sections 161.171 et seq.
Subd. 2. Parks. The council shall review local government park master plans
pursuant to section 473.313. The metropolitan council shall approve the use of moneys
made available for land acquisition to local units of government from the land and
conservation fund. the open space program of HUD, the natural resources account in
the state treasury, if the use thereof conforms with the system of priorities established
by law as part of a comprehensive plan for the development of parks; otherwise it shall
disapprove of the use thereof.
Subd. 3. Metropolitan transit commission. The council shall review acquisition
of public transit systems and the issuance of revenue bonds by the metropolitan transit
commission pursuant to sections 473.405, subdivision 5, and 473,433, subdivision 7.
Subd. 4. Solid waste. The council shall review solid waste management activities
of local government units as provided in sections 473.801 to 473.334 and 115A.80 to
115A.89.
Subd. 5. Airports. The council shall review metropolitan airports commission
capital projects pursuant to section 473.621, subdivision 6. The plans of the metropoli-
tan airports commission and the development of the metropolitan airports system by
the commission shall, as provided in sections 473.611, subdivision 5, and 473,655, be
consistent with the development guide of the council.
History: 1975 c 13 s 20; 1984 c 644 s 60; 1984 c 654 art 3 s 113
473.191 LOCAL PLANNING ASSISTANCE.
Subdivision 1. The metropolitan council may, at the request of local governmental
units, enter into contracts or make other arrangements with local governmental units
and others for the provision of services for and assistance with comprehensive commu-
nity planning. This may include:
(a) Assistance in the preparation. as a guide for Tong -range development, of general
physical plans with respect to the pattern and intensity of land use and the provision
of public facilities together with long-range fiscal plans for such development;
(b) Programming of capital improvements based on a determination of relative
urgency, together with definitive financing plans for the improvements to be con-
structed in the earlier years of the program;
(c) Coordination of all related plans of the departments or subdivision of the
government concerned;
(d) Intergovernmental coordination of all related planned activities among the
state and local governmental agencies concerned; and
�6y
473.855 METROPOLITAN GOVERNMENT
8452 8453
development within each local governmental unit and on policies, statements, and
recommendations contained in metropolitan system plans,
History: 1976 c 127 s 5; 1977 c 347 s 68
473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
Local governmental units shall consider in their initial comprehensive plans
submitted to the council, and school districts shall consider in their initial capital
improvement programs submitted to the council, any amendments or modifications to
metropolitan system plans which were made by the council and transmitted prior to
January 1, 1978. Thereafter, within nine months after receiving an amendment to a
metropolitan system plan, each affected local governmental unit shall review its com-
prehensive plan and each affected school district shall review its capital improvement
program to determine if an amendment is necessary to ensure continued conformity
with metropolitan system plans. If an amendment is necessary, the governmental unit
or school district shall prepare the amendment and submit it to the council for review
pursuant to Laws 1976, chapter 127, sections 1 to 23. •
History: 1976 c 127 s 6; 1977 c 347 s 68
473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
Subdivision 1. If a local governmental unit or school district and the council are
unable to resolve disagreements over the content of a system statement, the unit or
district may by resolution request that a hearing be conducted by the advisory commit-
tee or by the state office of administrative hearings for the purpose of considering
amendments to the system statement. The request shall be made by the unit or district
within 60 days after receipt of the system statement and shall be accompanied by a
description of the disagreement together with specified proposed amendments to the
system statement. If no request fora hearing is received by the council within 60 days,
the statement shall be final.
Subd. 2. A hearing shall be conducted within 60 days after the request, provided
that the committee shall consolidate hearings on related requests. The hearing shall not
consider the need for or reasonableness of the metropolitan system plans or parts
thereof. The hearing shall afford ail interested persons an opportunity to testify and
present evidence. The advisory committee or administrative law judge may employ
the appropriate technical and professional services of the commissioner of energy and
economic development for the purpose of evaluating disputes of fact. The proceedings
shall not be deemed a contested case. Within 30 days after the hearing, the committee
or hearing examiner shall report to the council respecting the proposed amendments
to the system statements. The report shall contain findings of fact, conclusions, and
recommendations and shall apportion the costs of the proceedings among the parties.
Subd. 3. Within 30 days of receipt of the report, the council, by resolution
containing findings of fact and conclusions, shall make a final determination respecting
the proposed amendments. At any point in the reconciliation procedure established
by this section, the council and a local governmental unit or district may resolve their
disagreement by stipulation.
History: 1976 c 127 s 7; 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 356 s 241; 1983
c 289 s 115 subd 1; 1984 c 640 s 32
473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS.
Subdivision 1. Within three years following the receipt of the metropolitan system
statement, every local governmental unit shall have prepared a comprehensive plan in
accordance with Laws 1976, chapter 127, sections 1 to 23 and the applicable planning
statute and shall have submitted the plan to the metropolitan council for review
pursuant to section 473.175. The provisions of Laws 1976, chapter 127, sections 1 to
23 shall supersede the provisions of the applicable planning statute wherever a conflict
may exist. If the comprehensive municipal plan is in conflict with the zoning ordi-
nance, the zoning ordinance supersedes the plan.
t
Subd. 2. I
governmental t
months prior to
on the submiss.
Subd. 3.
planning comm.
the governing h.
Subd. 4. t
plans and offici
ments of Laws
amended, repea
chapter 127, se
programs, sewe
improvement p:
submission to th
sections 1 to 23
History: 19
473.859 COM'
Subdivisior
policies, standar
redevelopment a
local governmer
which is evenly
commercial dev
capacities upon
of the public fac
the plan on adje
plans and officia
necessary, to sat
comprehensive ;
comprehensive r
statute.
Subd. 2. L:
location, intensi
commercial, ind
such purposes.
historic sites anc
and developmen
shall also includ
providing adequ
regional housing
use planning to
moderate incom
Subd. 3.
character, locatie
public facilities c
least such detail
departures from
A public facilitie
(a) A transp
extent, function
ponation service
(b) A sewer
sewered by the pi
8452
Cements, and
4TS.
ensive plans
nitial capital
difications to
itted prior to
:ndment to a
view its cam -
improvement
d conformity
nmental unit
cil for review
RES.
to council arc
t, the unit or
sory commit-
f considering
mit or district
npanied by a
to the
o0 days,
test, provided
tring shall not
,tans or parts
to testify and
may employ
of energy and
e proceedings
he committee
amendments
iclusions, and
ag the parties.
by resolution
ion respecting
re established
v resolve their
+6 s :41: 1983
UNITS.
politan system
ensive plan in
:able planning
cil for review
', sections 1 to
-ever a conflict
e ( tg ordi-
8453
METROPOLITAN GOVERNMENT 473.859
Subd. 2. Local governmental units shall submit their proposed plans to adjacent
governmental units and affected school districts for review and comment at least six
months prior to submission of the plan to the council and shall submit copies to them
on the submission of the plan to the council.
Subd. 3. The plans shall be submitted to the council following approval by the
planning commission of the unit and after consideration but before final approval by
the governing body of the unit.
Subd. 4. Comprehensive plans, capital improvement programs, sewer policy
plans and official controls of local governmental units adopted prior to the require-
ments of Laws 1976, chapter 127, sections 1 to 23 shall remain in force and effect until
amended, repealed or superseded by plans or controls adopted pursuant to Laws 1976,
chapter 127, sections 1 to 23. Existing comprehensive plans, capital improvement
programs, sewer policy plans, and official controls may be amended and new capital
improvement programs and official controls may be prepared and adopted prior to the
submission to the council of comprehensive plans required by Laws 1976, chapter 127,
sections 1 to 23.
History: 1976 c 127 s 8; 1977 c 347 s 68; 1985 c 62 s 4
473.859 COMPREHENSIVE PLAN CONTENT.
Subdivision 1. Contents. The comprehensive plan shall contain objectives,
policies, standards and programs to guide public and private land use, development,
redevelopment and preservation for all lands and waters within the jurisdiction of the
local governmental unit through 1990 and may extend through any year thereafter
which is evenly divisible by five. Each plan shall specify expected industrial and
commercial development, planned population distribution, and local public facility
capacities upon which the plan is based. Each plan shall contain a discussion of the use
of the public facilities specified in the metropolitan system statement and the effect of
the plan on adjacent local governmental units and affected school districts. Existing
plans and official controls may be used in whole or in part following modification, as
necessary, to satisfy the requirements of Laws 1976, chapter 127, sections 1 to 23. The
comprehensive plan may contain any additional matter which may be included in a
comprehensive plan of the local governmental unit pursuant to the applicable planning
statute.
Subd. 2. Land use plan. A land use plan shall designate the existing and proposed
location, intensity and extent of use of land and water for agricultural, residential,
commercial, industrial and other public and private purposes. or any combination of
such purposes. A land use plan shall contain a protection element, as appropriate, for
historic sites and the matters listed in section 473.204, and an element for protection
and development of access to direct sunlight for solar energy systems, A land use plan
shall also include a housing element containing standards, plans and programs for
providing adequate housing opportunities to meet existing and projected local and
regional housing needs, including but not limited to the use of official controls and land
use planning to promote the availability of land for the development of tow and
moderate income housing.
Subd. 3. Public facilities plan. A public facilities plan shall describe the
character. location. timing, sequence, function, use and capacity of existing and future
public facilities of the local governmental unit. A public facilities plan must be in at
least such detail as may be necessary to establish existing or potential effects on or
departures from metropolitan system plans and to protect metropolitan system plans.
A public facilities plan shall contain at (east the following parts:
(a) A transportation plan describing, designating and scheduling the location,
extent, function and capacity of existing and proposed local public and private trans-
portation services and facilities;
(b) A sewer policy plan describing, designating and scheduling the areas to be
sewered by the public system, the existing and planned capacities of the public system,
473.865 METROPOLITAN GOVERNMENT 8456
473.865 IMPLEMENTATION OF PLANS.
Subdivision 1. Each local governmental unit shall adopt official controls as
described in its adopted comprehensive plan and shall submit copies of the official
controls to the council within 30 days following adoption thereof, for information
purposes only.
Subd. 2. A local governmental unit shall not adopt any official control or fiscal
device which is in conflict with its comprehensive plan or which permits activity in
conflict with metropolitan system plans.
Subd. 3. If an official control conflicts with a comprehensive plan as the result of
an amendment to the plan, the official control shall be amended by the unit within nine
months following the amendment to the plan so as to not conflict with the amended
comprehensive plan.
History: 1976 c 127 s 16; 1977 c 347 s 68
473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
The council's decision to require modification under section 473.175 may be
contested by the affected local governmental unit. The unit shall have 60 days within
which to request a hearing on the council's decision to require modification. If within
60 days the unit has not requested a hearing, the council shall make its final decision
with respect to the required modifications. If an affected unit requests a hearing, the
request for hearing shall be granted, and the hearing shall be conducted within 60 days
by the state office of administrative hearings in the manner provided by chapter 14 for
contested cases. The subject of the hearing shall not extend to questions concerning
the need for or reasonableness of the metropolitan system plans or any part thereof.
In the report of the administrative law judge the costs of the hearing shall be appor-
tioned among the parties to the proceeding. Within 30 days after the receipt of the
report the council shalt, by resolution containing findings of fact and conclusions, make
a final decision with respect to the required modifications of the comprehensive plan.
Any party to the proceeding aggrieved by the decision of the council may appeal to the
court in the manner provided in chapter 14 for contested cases. The record on appeal
• shall consist of; (1) the administrative law judge's record and report, and (2) the
findings, conclusions and final decision of the council. The scope of review shall be that
of section 14.69, provided that: (I) the court shall not give preference to either the
administrative law judge's record and report or the findings, conclusions and final
decision of the council, and (2) the decision of the court shall be based upon a
preponderance of the evidence as contained in the record on appeal. The costs of the
appeal shall be apportioned by the court.
History: 1976 c 127 s 17; 1977 c 347 s 68; 1980 c 615 s 60; 1982 c 424 s 130; 1984
c 640 s 32
473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
Subdivision 1. The council shall prepare and provide advisory materials, model
plan provisions and official controls, and on the request of a local governmental unit
may provide assistance, to accomplish the purposes of Laws 1976, chapter 127. sections
1 to 23. The council may also provide specific technical and legal assistance in
connection with the preparation, adoption and defense of plans, programs, and con-
trols.
Subd. 2. The council shall establish a planning assistance fund as a separate
bookkeeping account in its general fund for the purpose of making grants and loans to
local governmental units under this section. The council shall adopt uniform proce-
dures for the award, disbursement and repayment of grants and loans.
Subd. 3. Local governmental units may apply, contract for and receive loans and
grants as provided herein, and the provisions of chapter 475 shall not apply to loans
made pursuant hereto. Applications for grants and loans shall be submitted to the
council describing the activities for which the grant or loan funds will be used: the
's
8457
persons which the gr.
services and activitie
grantee or borrower'
rr, information as the cc
subject to contracts
disbursement of the f
other appropriate m
decisions on the reci;
Subd, 4. Grants
project, service or ac
Subd. 5. Loans :
as the council determ
nor be for a term in c
credited to the planni
under this section.
History: 1976 c :
473.868 HOUSING
Subdivision 1. T
in the metropolitan
metropolitan area arc
for certain portions c
development by mu.
construction of mod:
a significant portion
Subd, 2. As use
a municipality which
access to sewer and •
Subd. 3. The c.
advisory committee
officials, consumers a
and management an
council may determi
of governmental rule
housing. The comm
necessary including r
(1) A zoning clr
maximum single fan-
(2) Building req
(3) Minimum a
homes. -
(4) The require
(5) Zoning clas•
ments for multifami
(6) Minimum a:
(7) Requiremen
off-street parking rec
Subd. 4. On c
hearings, submit to
council's recommen
housing.
History: 1976 c
REQUEST FOR PLANNING COItISSION REVIEW
(
Meeting Date: December. 17, 1990
AGENDA TOPIC: PUBLIC HEARING: Conditional Use Permit ITEM 5IO,
with variances for advertising sign,
3M/National Advertising Co./Crossroads Collision Ctr.
Mr. Joseph McCormick of 3M/National Advertising Company has applied
for two variances: (1) Variance from City Code, Section 505.260
(Distance between signs). There is also a business sign on the
property. (2) Variance from Section 505.320.c.2.
sq.ft. where 200 sq.ft. is allowed).
(Size of sign--672
A variance request must show a hardship due to the land ox structures
on the property. Economic or financial considerations do not
constitute a hardship alone.
Mr. McCormick is also requesting a Conditional Use Permit to allow the
construction of an outdoor advertising billboard at 8910 Hudson
Boulevard. Section 505.320-A. of our City Code requires a C.U.P. for
this type of sign.
. Mr. McCormick will be present to answer any questions you may have.
CITY OF LAKE ELMO
DEVELOPMENT APPLICATION FORM
Comprehensive Plan Amendment _Simple Lot Division
Zoning District Amendment Large Lot Subdivision
__ Text Amendment Subdivision
Sketch
x Conditional Use Permit Preliminary
Final
X Variance
____Appeals Subdivision Variance
__Trailer Park Flood Plain Conditional
Use Permit
Site & Bldg. Plan Review Shoreland Permit
_Mining Permits Planned Unit Develop.
3M/National Advertsing Company
c/o Joseph P. McCormick, Attorney at Law
1422 West Lake Street, Minneapolis, MN 55408 (612) 827-5454
(Name) (Address) (Phone)
Crossroads Collision Center, Inc.
8910 Hudson Boulevard, Lake Elmo, MN 55042
Applicant
Owner
(Name)
(Address) (Phone)
Property location (Street Address and Legal Description):
8910 Hudson Boulevard, Lake Elmo, MN 55042
See Attached Supplemental Information for Legal Description
Description and/or Reason for Request (Cite Ordinance Section):
See Attaahed Supplemental Information
1/11Az4LP _E.cQ LILT/
()too Aid Sec2T - e-J a40(Ptirnuee &irs S�ns.)
l[&J Plea Lt. SJ2e c20-c-247aSears &f e a. esp'r
1, d -�
dip)
In signing this application, I hereby acknowledge that I have read and fully
understand the applicable provisions of the Zoning and Subdivision Ordinances
and current administrative procedures. I further acknowledge the fee explanation
as outlined in the application procedures and hereby agree to �11 statements
received from the City pertaining to additional application
ature i fd AppHca t Date
JOSEPH P. McCORMICK
ATTORNEY AT LAW
301 RAINBOW BUILDING
1422 WEST LAKE STREET
MINNEAPOLIS, MINNESOTA 55408
612-827-5454
Mr. James McNamera
Building Inspector
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnnesota 55042
November 14, 1990
Re: Request for Variance/Conditional Use Permit
Dear Mr. McNamera:
Enclosed herein please find the application of 3M/National Advertising
Company for a variance and conditional use permit to allow the construction of an
outdoor advertising billboard at 8910 Hudson Boulevard, Lake Elmo, Mn. I have
also enclosed all the supporting materials; separate checks for the application fee and
the required escrow and the list of property owners within 350 feet of the subject
parcel.
I appreciate your continued cooperation in getting this matter on the agenda
for a public hearing. Please contact me when the date and time for hearing has been
set or should you have any questions in this regard.
Sincerel
eph P. McCormick
JPM/wp
Enclosures
ry
C
SUPPLEMENTAL INFORMATION
Applicant 3M/National Advertising Company
c/o Joseph P. McCormick, Attorney
1422 West Lake Street
Minneapolis, Minnesota 55408
(612) 827-5454
Owner
Property
Address
Legal
Description
Crossroads Collision Center
8910 Hudson Boulevard
Lake Elmo, Minnesota 55042
8910 Hudson Boulevard
Lake Elmo, Minnesota 55042
The West 175.0 feet of the East 568.52 feet of the South 373.37 feet of the East
one-half of the Southeast quarter (E 1/2 of SE 1/4) of Section Thirty-three (33),
Township Twenty-nine (29) North, Range Twenty-one (21) west, Village of Lake
Elmo, Washington County, Minnesota, containing 1.5 acres, more or less, subject to
the right -of way of Minnesota Highway 12.
Description and/or Reason for Request: The applicant is requesting a variance from
the City of Lake Elmo Sign Ordinance, Chapter 505, Section 505.320, Subdivision C.2.
which requires that no sign exceed two hundred (200) square feet in area.
Additionally, applicant requests a variance from Section 505.260 which requires all
signs on the same side of the street to maintain a distance of at least 3,000 feet from
each other.
The applicant wishes to construct a 672 sq. ft. sign at the address above
captioned. This property is located in a commercial/industrial zone and therefore is
a permitted use upon procurement of a conditional use permit.
The proposed sign will be located on property directly parallel to Hudson
Boulevard and Interstate Highway 94. Interstate Highway 94 is heavily travelled
and has posted speed limits up to 55 m.p.h. Most communities, for safety purposes,
allow the construction of advertising signs up to a maximum of 750 sq. ft. if the sign
is fully visible from an Interstate Highway. The concerns of these communities
seem to center upon the fact that the Interstate carries much heavier traffic; travels
at speeds up to and exceeding 55 m.p.h. and it apparently is believed that smaller
signs, whether business, directional or advertising, would cause a motorist's eyes to
focus on such signs for a greater period than is deemed safe and prudent. By
allowing signs up to 750 sq. ft., the general public is able to capture the entire
message in a shorter period of time, thus insuring the safety of all motorists.
Additionally, since the sign will be larger, and therefore more easily readable, the
spacing requirements of 3,000 feet could be safely waived.
Conversly, there is an acceptable rationale for smaller signs in residential
districts and upon roads with a much lower speed limit; to -wit: the motorist, by
travelling at substantially reduced speeds is able to direct his eyesight towards a
much smaller sign without the inherent dangers present when travelling at higher
speeds.
The variance will allow the construction of an advertising sign which may
possibly be used by Lake Elmo businesses in order to direct potential customers to
their place of business. Additionally, the applicant will assume responsibility for the
care and maintenance of not only the sign, but also, the surrounding land. In many
instances the applicant allows a certain amount of public service announcements
(PSA's) to be placed upon the billboard face at either a reduced cost or at no cost at
all.
Finally, and most importantly, the industry standard for signs to be placed
upon an outdoor advertising billboard is either 378 sq. ft. or 672 sq. ft. All painted
bulletin panels are designed to meet this universal size requirement so as to keep
design and construction costs reasonable for both the billboard owner and the
advertiser. In order to conform to a size limit such as 200 sq. ft. would add
tremendously to the budget of all potential advertisers and virtually deny them
access to reasonably priced advertising. Even "printed posters", as opposed to
painted bulletin panels are manufactured in a universal size of 12' X 25' or 300 sq.
ft. per surface. The size restriction of 200 sq. ft. would preclude even this simplified
form of advertising panel.
In summary, the applicant respectfully requests permission to construct a 672
sq. ft. sign at the proposed location. It is located adjacent to an interstate highway
which carries traffic at speeds up to 55 m.p.h.; the size variance will allow the traffic
to move much more safely than if a sign of smaller size and ad copy were
constructed on this site; the improvements to the property will provide additional
tax revenue to the City of Lake Elmo; the signage may possibly be used by local
business to attract new customers to their place of business thus increasing the
revenue base for Lake Elmo; there will be a tangible benefit to the property owner
through increased income from his property; the applicant will be maintaining the
surrounding area after construction of the sign and the sign may be made available
from time to time, for local and national public service announcements.
r
State of Minnesota'
City of Lake Elmo
Sharnn T.i,mhv ,being first duly sworn, deposes
and says: -
I am a United States citizen. over 18 years of age, and
a resident of the City of Lake Elmo, Minnesota
On fprpmb r !1 , 19 90 , acting on behalf of the said
city, I deposited in the United States post office at
Lake Elmo, Minnesota, copies of the attached Public Hearing Notide
3M/National Advt./
Outdoor Sign, Crossroads Collision ,Ctcrnclosed in sealed
envelopes, with postage thereon fully prepaid, addressed
to the following persons at the addresses appearing
opposite their respective names:
Name Address
See Attached Address List
There is delivery service by United States mail between the
place of mailing and the places so addressed.
Signature
Subscribed and sworn to before me this 4th day of December
19 90 .
"a°:�;* MARILYN E. BANISTER
al.fh„T; NOTARY PUBLIC - MINNESOTA
w WASHINGTON COUNTY
My Commission Expires Dec. B, 7990
Notary ub is
P
NOTICE OF PUBLIC HEARING
The Lake Elmo Planning Commission will hold a public hearing on
Monday, December 17, 1990 at 7:30 p.m. at City Hall, 3800 Laverne
Avenue N., Lake Elmo, MN to consider the request of 3M/National
Advertising Company/Crossroads Collis:lon Center, Inc. for a
Conditional Use Permit to allow an outdoor advertising sign and to
consider variances from the Sign Ordinance, Section 505.320,
Subdivision C.2. requiring that no sign exceed 200 sq.ft. in area and
a variance from Section 505.260 which requires all signs on the same
side of the street to maintain distance of at least 3,000 feet from
each other.
The property is legally described as the West 175.0 feet of the East
568.52 feet of the South 373.37 feet of the East one-half of the
Southeast quarter (E1/2 of SE1/4) of Section Thirty-three (33),
Township Twenty-nine (29) North, Range Twenty-one (21) west,
Washington County, MN, containing 1.5 acres, more or less, subject to
the right-of-way of Minnesota Highway 12. The property is commonly
known as 8910 Hudson Boulevard.
All persons who wish to be heard regarding this request will be given
that opportunity at this public hearing. Written comments will be
accepted up until the time of the public hearing.
Mary Kueffner
City Administrator
November 29, 1990
St. Croix Valley Press December 5, 1990
K
Northland Land Company
3500 W. 80th St.
Bloomington, MN 55431
State of Minnesota
Minn Dept. of Transportation
Transportation Bldg.
St. Paul, MN 55155
Eleanor M. Pierre
122 Puma Ln
Mahtomedi, MN 55115
Timothy & Damiani Montgomery
12232 Akron Avenue
Rosemount, MN 55068
Roy & Lucille Durow
9120 Hudson Blvd.
Lake Elmo, MN 55042
Lampert Lumber Co.
P.O. Box 64547
St. Paul, MN 55164
J & W Boat & Motor
9815 Royal Palm Dr.
Bradenton, FL 33421
Dolan Family Partnership
Dolan J.H. & Daniel & Mary
9200 Hudson Rd.
Lake Elmo, MN 55042
Summit Natl Bank & Pfaff John
205 Aurora Avenue
St. Paul, MN 55103
Midcontinent Radio of MN Inc.
708 S. 3rd St. #200
Minneapolis, MN 55415
3M/National Advertising Co.
c/o Joseph P. McCormick
Attorney at Law
1422 West Lake St.
Minneapolis, MN 55408
Crossroads Collision, Center
8910 Hudson Blvd
Lake Elmo, MN 55042
S i tr.. Leteti oh.
N ere
as 0
0
;n.
roperty
&'&oss Ro,4 Ds Co LL/ sio nl
ANN Ma
� _T
CITY OF LAKE ELMO
REQUEST TO APPEAR BEFORE THE CITY COUNCIL
OR PLANNING COMMISSION
If you wish to address the City Council or Planning Commission, please
follow the suggestions listed below:
(Please Print) �j�
Name J\Di W \C6R n\�-'< q� j
Address "�J VA1-2, ^ if, k �;�� ��.____ Vv a�( �J Ubi�IJ
Agenda Item or Subject you wish to address M d
Company or Individual Representing, if applicable ✓VI
Date !lir-7
Phone gZ`T 9( `?
i
NOTES: Please complete this form so that you may be recognized at the
appropriate time on the Agenda. You are under no obligation to speak if
you decide against it during the meeting. Please state your full name and
address so that the record of your comments will be complete in the minutes
of this meeting.
Welcome to this meeting. We are pleased that you are taking this means
of participating in your City government. On agenda items, the City is
sincerely interested in your viewpoints and concerns. However, the
Council or Planning Commission may not be able to take public comments
on all issues or at any given meeting. If you wish to be heard:
1. Raise your hand.
If the Mayor or Chairman can accept public comment, you will be recognized.I
2. When recognized by the Mayor or Chairman, state your name and
address.
3. State your positions and reasons as concisely as possible.
If you cannot be recognized, and still have concerns, please call the
City Administrator, Patricia Morrison, at 777-5510 during regular
hours.
COUNCIL MEMBERS:
Susan Dunn, Mayor
Lee Hunt
Todd Williams
Charles -"Chuck" Graves
Don Moe
Lake Elmo City Office ---777-5510
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
REQUEST FOR PLANNING CONL`!ISSION REVIE;d
Meeting Date: December 17 1990
AGENDA TOFIC: PUBLIC HEARING: Limited Busines (LB)
Zoning
ITEM
NO. 6.
This is a public hewing to consider comments relative to the
proposed Limited Business Zoning District. Notice has been
published in our legal newspaper and property owners have been
notified, as directed by the Commission (roster attached.)
Attached is a copy of Mike Black's report which he made after he
and I review the proposed ordinance with our City Attorney,
Jerry Filla,
I've talked to our attorney about an issue that may be brought up
regarding adoption of the LB Zoning District. He states that the
City can adopt any ordinance supporting our new Comp Plan, the key
is that we cannot rezone anything to LB until after Met Council
reviews our Comp Plan.
As usual, please call me if you have any questions prior to the
meeting.
JAMES R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
9401 JnM;s Mt. So., Sulu 140, BtuuMING1oU, MN 55431 612/884.3029 FAX 884.9518
MEM:RAN P t1M
TO: Lake Elmo Playl-.ing Commission
FROM: Mike. Black '-•\.+ i`A--'.
CATE: December 12, 1990
RE: LIMITED BUSINESS DISTRICT
On Tuesday, December 11, 1990, the City Administrator, Mary Kueffner,
and myself met with the City Attorney, Jerry Fi12a, to review the
proposed LB district regulations. The following are suggested changes
4r comments made by the City Attorney at our meeting.
(A)(3) To allow development which complies with the capacity of
regional and local road systems.
(?_) (4) To cniide development by setting stringent requirements ror on -
site sewer systems in order to avoid a need for expansion of the
Metropolitan Urban Service Area line and sanitary sewer facilities
(3) (1) Anv n,er^itted land use with drive -up facilities.
(0)(3)(b) The City Attorney stated that the wording in this section
will be subject to future interpretation because of "retail sales...such
". A variety cf stores could fit the term "retail sale of commodities
..o the loc:al area". The following options were disc'rssed;
J. Do not allow any retail sales except those defined in (C)(3)(a).
2. Allow on: y the retail sales of those listed in (C) (3) (ID) (1-5) .
Re -write the lead in sentence to be more specific - such as,
Retail establishments whose primary business is the sale of a
single item.. commodity and marketed to the residents of Lake r:lmo
such as: (-5)
(•.) (0) The Attorney noted that the reference t.7 Section 309 h and _ is
-_. the Interstate Corridor Ov_r]ay District ordinance which may be
repealed after adoption of the LB District ordinance.'
(=) Special District Require' rats, Due to the high visibility of the
--mired Business zone, the following architectuaJ, parking, landscaping,
,ht.ing and glare standards shall be in addition to other existing
standards in the zoning code relating to the same and wnnr-e }'heeao
llO\' he An conflict with nther ordinance rncu4N-Ar-nn+g I L,a
st r roert sta: ,1?rd vhel t anoly:
DEC-13-'50 THU 15:05 ID:JAMES R HILL INC
TEL N0:512 SS4-9518 #779 Pt73
Lake Elmo planning Commission
December 11, 1990
Page 2
in addition to the above comments, I asked the City Attorney if the City
could adopt specific criteria or standards for a conditional use in a LE
zone in addition to the existing criteria listed in Section 301.060 D
(page 301-21) which apply to all conditional uses in the City, The
Attorney responded that yes we could adopt special criteria for a CJP in
the LB zone. The following is then suggested:
(D) (1) CUnrl+*inns) use, Criterja
In addition to the criteria stated and determinations needed for
approval of conditional use as stated in Section 301.060 D.1., the
following criteria shall also apply:
1, The use will not create an excessive burden on public facilities
or services which serve or are proposed to serve the area,
2. The use will be sufficiently separated by distance or screening
from any adjacent residential zone and that the structure, use
or site shall have an appearance that will not have an adverse
effect upon adjacent properties,
cc: t^.r. Jerry Villa, City Attorney
Ms, Mary Kueffner, City Administrator
State of Minnesota'
City of Lake Elmo
Kathy Weeks ,being first duly sworn, deposes
and says: -
I am a United States citizen. over 18 years of age, and
a resident of the City of Lake Elmo, Minnesota
On December 6, , 1990 , acting on behalf of the said
city, I deposited in the United States post office at
Lake Elmo, Minnesota, copies of the attached Public Hearing
Notice for the Limited Business Zone enclosed in sealed
envelopes, with postage thereon fully prepaid, addressed
to the following persons at the addresses appearing
opposite their respective names:
Name Address
(See Attached List)
There is delivery service by United States mail between the
place of mailing and the places so addressed.
gnature
Subscribed and sworn to before me this 6 day of December
19 90 .
__ ve
M MARILYN E. BANISTER
„ p NOTARY PUBLIC • MINNESOTA
fy)p� WASHINCT^V COUNTY
My Commission C >s Dec. 8, 1990
%Notary Public
Notice of Public Hearing
l
The Lake Elmo Planning Commission will hold a public Hearing on
Monday, December 17, 1990 at 7:30 p.m. at City Hall, 3800 Laverne Ave.
N. to receive public comment and pass on to the City Council a
recommendation on the proposed Limited Business (LB) Zoning district.
The proposed LB ordinance will affect property along the I-94
corridor, as defined in the 1990 Lake Elmo Comprehensive Plan,
including the Future Land Use Map.
LB - Limited Business District
(A) Purpose
The purpose of the Limited Business District is to establish a
comprehensive planned framework for development along I-94.
The City has determined that it is in the best interest of the
City and the region to responsibly manage growth in this district.
It is the intent of this district to promote a high quality of
business design and development that produces a positive visual
image and minimizes adverse impacts from traffic congestion,
noise, odor, glare and similar problems. Specific development
goals within the district include the following:
(1) To encourage a high quality development standard for
structures within the district properties, which are
among the most visible in the City.
(2) To protect the natural environment, in accordance with
City Ordinances.
(3) To limit development to comply with the capacity of
regional and local road systems.
(4) To limit development by setting stringent requirements
for on -site sewer systems in order to avoid a need for
expansion of the Metropolitan Urban Service Area line
and sanitary sewer facilities.
(5) To establish permitted, accessory and conditional uses
in order to stimulate local economic prosperity along the
interstate corridor and within the Metropolitan Rural
Service Area while closely monitoring the magnitude of
development so not to prematurely demand the expansion
of local governmental services.
(B) Permitted Uses Permitted uses are as follows:
(1) Clinics for human care including medical, dental,
osteopathic, chiropractic and optometric offices.
(2) Finance, insurance, real estates, investment offices
banks (with no drive -up windows).
(
(3) General offices including administrative, executive,
and corporate headquarters.
(4) Professional offices providing services such as legal,
engineering, architectural, accounting, auditing and
bookkeeping.
(5) Travel and empolyment agencies.
(C) Conditional Uses Conditional Uses are as follows:
(1) Banks and financial services with drive -up windows.
(2) Health clubs including tennis, racketball, aerobics,
weight lifting, swimming, weight loss clinics (all
facilities to be housed inside).
(3) Limited retail uses including:
(a) retail sales clearly accessory to the permitted
principal use of the land, for example: 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.
(b) The retail sale of commodities marketed to the local
area such as:
(1) Greenhouses and nurseries, landscaping services,
flowers and floral accessories.
(2) Art sale and gallery.
(3) Furniture, home furnishings and related equipment.
(4) Vineyard and winery produce and sale.
(5) Sporting goods, skiing, bicycles, motorcycles,
snowmobiles, boats and fishing gear (all storage
restricted to inside).
(5) Full service restaurants where food is served to a customer
and consumed while seated at a counter or table.
(6) Golf courses, Club houses, Golf sales, Driving ranges.
(D) Permitted Accessory Uses
Permitted accessory uses shall include required off-street
parking, loading areas and signs as regulated in this ordinance.
Only accessory structures which are clearly incidental and
subordinate to the business will be permitted.
(E) Minimum District 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
a residential zone 150 feet
(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
a residential zone 100 feet
(6) Maximum Building Heights: 35 feet
(7) Maximum Lot Coverage by
all structures: 25%
(8) Maximum area to be covered by buildings, parking lots,
driveways and other hard surfaces:
Lot size
Up to 4 acres
Larger than 4 acres
to 8 acres
Covered Area
45% of lot size
35% of lot size
Larger than 8 acres 25% of lot size
(9) Sewer Discharge: No sewer discharge shall exceed a ratio
of 3.0 SAC units per 3.5 acres. SAC units shall be
determined according to Section 309 h. and i.
(10) Minimum Building Floor Size: 4,000 square feet
(F) Special District Requirements
Due to the high visibility of the Limited Business zone, the
following architectural, parking, landscaping, lighting and glare
standards shall be in addition to other existing standards in the
zoning code relating to the same:
(1) Architectural Standards
(a) It is not the intent of the City to restrict design
freedom unduly when reviewing project architecture in
connection with a site and building plan. However, it
is in the best interest of the City to promote high
standards of architectural design and compatibility with
surrounding structures and neighborhoods. New building
proposals shall include architectural plans prepared by
a registered architect and shall show the following:
(1) Elevations 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 and of heating,
cooling and ventilation equipment and systems.
(b) Unadorned prestressed concrete panels, concrete block
and unfinished metal shall not be permitted as exterior
materials. The City may at its sole discretion allow
architecturally enhanced block or concrete panels.
(c) All rooftop or ground mounted mechanical equipment and
exterior trash storage areas shall be enclosed with
materials compatible with the principal structure.
(2) Parking
All drives and parking lots shall be constructed with
concrete or blacktop, and with concrete curb and gutters.
Where appropriate, sidewalks may be required.
Parking lot landscape areas, including landscape islands
shall be reasonably distributed throughout the parking lot
area so as to break up expanses of paved areas.
(3) Landscaping
All yard area 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.
Where areas abut 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 prior to all final City inspections for construction
on site. Prior to the issuance of a builing permit or
commencement of any improvements on site, the owner shall
provide the City with a financial security for a minimum of
24 months, approved by the City Attorney, to assure
construction of the buffer area.
(4) Lighting 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 temperature processes, and as differentiated from
general illumination, shall not be visible at any property
line.
(5) 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 private roads must comply with existing City
Ordinances, with construction and maintenance being the sole
responsibility of the property owner.
All persons who wish to be heard regarding approval and adoption of
this proposed zoning district will be given that opportunity at this
public hearing. Written comments will be accepted at the City Office
until 4:30 p.m., December' 17, 1990.
Mary Kueffner
City Administrator
November 28, 1990
Published St. Croix Valley Press December 5, 1990
(
C.A. Gerbitz
11299 N. Stillwater Blvd
Lake Elmo, MN 55042
MinnHealth PA
Lake Elmo Clinic
11240 N. Stillwater Blvd
Lake Elmo, MN 55042
Lake Elmo Chiropractic Family Practice
3394 Lake Elmo Ave.
Lake Elmo, MN 55042
Lake Elmo Family Eye Clinic
3394 Lake Elmo Ave.
Lake Elmo, MN 55042
Mitchell's Fly Shop
3394 Lake Elmo Ave.
Lake Elmo, MN 55042
Lake Elmo Bank
11465 39th Street N.
Lake Elmo, MN 55042
Lake Elmo Pharmacy
11240 N. Stillwater Blvd.
Lake Elmo, MN 55042
Kirk Dahl, D.D.S.
11325 N. Stillwater Blvd.
Lake Elmo, MN 55042
Jennifer Tschumper
Stillwater Area Chamber of Commerce
c/o Lake Elmo Business Assoc.
Birck Alley Bldg.
423 S. Main Street
Stillwater, MN 55082
Savanna Designs
3511 Lake Elmo Ave.
Lake Elmo, MN 55042
Lake Elmo Custom Mold
3520 Laverne Ave.
Lake Elmo, MN 55042
D.H. Dockendorf-
P.O. Box 199
Lake Elmo, MN 55042
Lake Elmo Motors
11179 N. Stillwater Blvd.
Lake Elmo, MN 55042
Lake Elmo Branch Library
3459 Lake Elmo Ave.
Lake Elmo, MN 55042
Gibbs Lumber
3687 Layton Ave.
Lake Elmo, Mn 55042
Wood Specialists
11090 N. Upper 33rd St.
Lake Elmo, MN 55042
Micro-Sota
3549 Lake Elmo Ave.
Lake Elmo, MN 55042
Lake Elmo Barber Shop
3251 Lake ELmo Ave.
Lake Elmo, MN 55042
Village Hair Care
3517 Lake Elmo Ave.
Lake Elmo, MN 55042
Salon Elite
3515 Lake Elmo Ave.
Lake Elmo, MN 55042
Headlines Hair Studio
3476 Lake Elmo Ave.
Lake Elmo, MN 55042
Bruce Peltier
220 Lake Elmo Ave.
Lake Elmo, MN 55042
The Forest in Lake Elmo Partnership
4801 W. 81st Street S.
Bloomington, MN 55437
Dolan Family Partnership
Daniel & Mary Dolan
600 W. Seventh St.
St. Paul, MN 55102
Lampert Bldg.
36 S. Snelling Ave.
St. Paul, MN 55105
James Dovolis
1113 E. Franklin Ave.
Minneapolis, MN 55404
Dale Properties
4825 N. France Ave.
Minneapolis, MN 55429
Countryside Inn Motel
Delores Flatau
9730 Hudson Blvd.
Lake Elmo, MN 55042
Walter Ebertz
810 S. McKnight Road
St. Paul, MN 55128
Federal Land Co.
3470 Washington Dr.
Eagan, MN 55122
Donald Regan
2866 White Bear Ave.
St. Paul, MN 55128
Robert & Grace O'Neal
2040 Edgecumbe Road
St. Paul, MN 55116
Lake Elmo Repair
11179 N. Stillwater Blvd.
Lake Elmo, MN 55042
Lake Elmo Oil
11127 N. Stillwater Blvd.
Lake Elmo, MN 55042
Hagbergs Country Market
11325 Stillwater Blvd
Lake Elmo, MN 55042
Brookman Motors
11144 N. Stillwater Blvd
Lake Elmo, MN 55042
Twin Points Tavern
11199 N. Stillwater Blvd.
Lake Elmo, MN 55042
Leslie's Floor Decor
11227 N. Stillwater Blvd
Lake Elmo, MN 55042
Village Upholstery
11074 N. 35th St.
Lake Elmo, MN 55042
Lake Elmo Feed Mill
11123 Upper 33rd St.
Lake Elmo, MN 55042
Fireside Antiques
3417 Lake Elmo Ave.
Lake Elmo, MN 55042
White Hat Restaurant
Attn: Ed Gorman
11011 Stillwater Blvd.
Lake Elmo, MN 55042
Jeff & Cindy Salus
275 Lake Elmo Ave.
Lake Elmo, MN 55042
Ray Salus
404 Lake Elmo Ave.
Lake Elmo, MN 55042
Trans City Inv.
2284 W. 7th St.
St. Paul, MN 55116
Jamie Olson
7715 Robe Manzel Rd
Granite Falls, WA 98252
Secure Properties
2325 S. Buttercup
Mesa, AZ 85208
Dayton Dev.
c/o DHC Property Tax Dept.
777 Nicollet Mall
Minneapolis, MN 55402
James & Mildred Ryan
944 Pineview Ct.
St. Paul, MN 55128
Lake Elmo Inn
3443 Lake Elmo Ave.
Lake Elmo, MN 55042
Lake Elmo Hardwood Lbr.
11320 Upper 33rd St.
Lake Elmo, MN 55042
Gisela's Interiors
3479 Lake Elmo Ave.
Lake Elmo, MN 55042
Crossroads Collision Center
8910 Hudson Blvd.
Lake Elmo, MN 55042
Northland Co.
3500 W. 80th St.
Bloomington, MN 55431
MN/DOT
Transportation Bldg.
St. Paul, MN 55155
Steve & Muriel Kopesky
122 Puma Ln.
Mahtomedi, MN 55115
Douglas DeCoster
W. 2074 1st Bank Bldg.
332 Minnesota St.
St. Paul, MN 55101
Roy & Lucille Durow
9120 Hudson Blvd.
Lake Elmo, MN 55042
Timothy Montgomery & Louis Damiani
12232 Akron Ave.
Rosemount, MN 55068
William Durow
10263 Manning Ave.
Hastings, MN 55033
Gene Peltier
10376 Hudson Blvd
Lake Elmo, MN 55042
John Blomquist
Suite 700
360 N. Robert St.
St. Paul, MN 55101
Leonard & Louanne Hanson
10824 Hudson Blvd.
Lake Elmo, MN 55042
Mc 1 7 1990
( STILLWATER cAREA II
0
December 14, 1990
Ms. Mary Kueffner, Administrator
Lake Elmo Planning Conunission
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Mary,
The Lake Elmo Business Association, a committee of the Stillwater Area
Chamber of. Commerce, has spent considerable time reviewing the Planning
Commission's recommendation on the proposed Limited Business (LB)
Zoning district along the I-94 corridor.
We believe that, like the City of Woodbury, the City of Lake Elmo
should take a reasonable approach in planning along the I-94 corridor
in assuming that when economic conditions require. urban services may
be needed and available. This planning approach is imperative to
ensure that this section of land remains in the Lake Elmo city limits,
now and in the future.
Enclosed is a revised copy of the proposed Limited Business (LB) Zoning
District. Changes are indicated by bold face type. We strongly
encourage the Planning Commission to review our input, and consider
adopting our recommendations.
Sincerely.
9211,4 9» -
Mike Mazzara
Chair, Lake Elmo Business Association
State Bank of Lake Elmo
Brick Alley Building • 423 So. Main Street • Stillwater, Minnesota 55082-5127 • (612) 439-7700
DEC 1 7 199n
Tno purp,ro -•nci LLfflitcLd SUir4,215 Di-ArIct is to ustahl,sh a
:Gmnneennive planned fralow,soi-k for devslopment sUpng 1-94. This
district may be used as a transitional district until such time as
urban servf,ces are needed and available. Ths 0it7 h,s degstAL2.:m::d
that Y.. in in tho hest inter:}Gt pi: the Lity and the regiLn tG
sroWc.H .g tkio dintrict. St t.s. tho intent n:
onowste a high quality GsF business denign and
dom-slopmn Frgd...tces ,5onitive visual imags, and Ginjwisss
adverno imp. LI-/-,ffic congestion, nois„ odor., glare and
Aivspmont gots within distrist
include the cuillowing
dstriGt propertS, which :Ara .-it•moog
!.2) TG o,-6:•sct z:ilvironmunt„ ascsrd-.nc
t•::! ; • 1•• k , :::,7 ('': 1:7( I' ,''• .' (.•,';
whiTh• cl.one,v
t!ge dypagio,n (romove; local)
• • •
dows
ns=vs: with no drive -co win.)
(
Cond:!.Lichu7. lisps Cc-7!ition&I
1.2) ft:?.alth clubs inciLding t*np.s, rnsqueth.;,1, sers'alc, wuight
4e.ighc id:,E bo
houFd iaside„)
Limitad uocs
ret.FAil clesrly a:cssscyy to tho pa,,rmittoo
prluci.pal maia tho 1.,.?cr:J„ th,,a
compounding, dispensiag si saIR of drugs, prs'scription
,tsmc, patiarc or prupritar' ovadicidc„ sick rOOM
supplias, prosthctic os.,i;.uths or item's relating to any of.
ths FureT.)::mci ;Than co-%due„tpd in tha
occupied hy .ilsdical, dental, ouitespathic, chiropractic
or uptometmis of(.2.icas.
(b) Ths salsa of cmmmoditisE ts be mar'cetad 4-o the
Xscal ar:.an cuph
(c)
t) :\nd uuss::::-122„
nd
itur a horns jah.r.ni r a !pra: n: ).2
:5) '';'portiog gcsdi.:„ mctc,,
....octrigtad to incide.A
Other retail sales marketed toward the automobile
traffic 3nd of an impulse nature such as oaseline sales,
convenience store and deli foods may be allowed as
part of the overall larger de,,elonment and where said
u=m is clisarly ssIspclimats ts sthsr pemittsd land uses,
7 1:4 sl slgro
1hiaL(,:! th!n -hChec 11! oka
(IY L7t 7-% acres
200 feet
MIML:171 DEfpt':A 7:00 feet
.c1r)fn drnp?rty
H=c 50 feet
(5) 20 feet
(:1 50 feet
-11ear Sc, feet
(REMOVE: (s) any line adiacent
to a residential zone 150 feet)
(5) REMOVE
(6) ivlax rni.Aft: i A ding 1.1c!) Lghts.,.. 60 Feet
(7) REMOVE
(3) Maximum total lot coveraoe of all
impervious surface 50 percent
(9) S2W-Cr Discharge Must comply with city ordinances.
(10) R=MOIL.
c!fl
* t1g I.FL.1.rwj
the 7.?.:.ning ggde 1-,:Hat!ng tot.
Y?;!:!and:hnan
j: tn proc.s:e
f '
(
(
i
1
k
(4) Clmsnsions of all str..—J...
Iscgatlo pf tmach otc':ai'iero, ano of ',,:JLinc,.,
czolj.ng and ventilation oqvisam act :.vstoms.
(b) The exterior surfaces of all buildings shall br-, faced
with brick, stone, architectural concrete (blmcks),
precast concrete, glass or equivalent.
bg) All rooftop or ground coosnted mocbanical eQuipment and
ext.eriar t.rsh s'corJge areas ahall. :,.;:: enclosed o.th
materialp cpmpatible 1,,,ith the 'srincjpal structure..
"....2: Parking
All :Jr..... ed and parng IctL snail ba om-.:::yuttaj 'mith
concrete or blacktop, and tAhl.h r.:onChOa curb and gutters.
Where apipt—Jpriate, silcoialks may ta a'2,...lred.
Parking jot landscape areas, including landsl:ano isisnds
shall be reacpnable distributed thniughout the parking lot
P.i.rea so al to break tip expanses of paved areas.
(3) Landscaping
All yai. A „Area bl.!. aither b.') 'andscaced groen aiaS or opela
and inF.:t in a natural stato. Yards to bE landscaped shall be
lanck=flied o.tyJractivoly i..[J.h invgi„ t....--Jos and ehr,...bt in
accordance vrAil a plan ppepared by a lands(J:ape arch'i-erm.
r,Jas ler, in a natu.al state ahall he 1-opt fr:ee 2-1:. 1:tter,
deft -is and nJixious woe:As. Y:rds adjc:imag any -m.J.,J,idrintial
.:..37.-s shalJ contain a Ot.f.cLIr .A[9.2.1 o.JJis.-.ing ol: tsfoing,
landJ*caJi:Lig and/7: fora: ing for t!io pur,:3bse of sck-smicirg
noicp, eight, scuad ails (3)ar2, A rioJ:scmaLl.J:: .J.t.J:s•:t...t
made tm preser---e as mon./ Yis".lng treo: am is or6r.ticaJ
to .]...w...ipuratm thorn jmto che ..J%gnS plaa.
REMOVE ney.t paragraph Ji,a. 'Jori :Ai. .,_:....,. ae,::. —J4,
djstrt(::M, a ILAP:A.C.H. area ::":: 'A rrt.hi,flUM rieath e'r lOC '20e1: ;,,Hil
ipt....:.:
(1.) Lighting and Glare
demptinij the bim...j,..in type .J.nr! cimt 72 IlghLimg ci.ria.-ras
.a.id the .1JoJ:aica patmecT shown tm a p;.:o chJn, 'i:JJ.,H.o
ohLher direst or -efloctsb, such ss .j:..-%.,.([ •--lcodj.„(,,bc., al. high
j j ltJ-Tij mxt loig, shaJi nm,t hP V ::, -E:' :, him ,,t any pr..:Jp.J• ty J
REMOVE ( "7 :1-Ff.
Federal Land Company
Yankee Square Office II ® 3470 Liloshington Drive • Suite 102 • Eagan, ^ trnescto 55122
Tel. 612-452•3303 FAX 612-452-3362
December 17, 1990
Mary Kueffner
City Administrator
Lake Elmo City Hall
3800 Luveme Avenue North
Lake Elmo, Minnesota 55042
RE: Proposed Limited Business Zoning Ordinance
Dear Ms. Kuetfner:
Federal Land Company is In receipt of the Notice of Public Hearing that the Planning Commission
will be conducting a public hearing an Monday, December 17, 1990, to receive public comment and pass
on to the City Council a recommendation on the proposed Limited Business (LB) zoning ordinance. It is
Federal Land Company's understanding that a portion of its property located in the northwest quadrant of
the intersection of 1.94 and County Road 19 will be included in the area designated for Limited Business
development on the City's 1990 Future Land Use Plan,
There are two points pertaining to the public hearing and proposed LB zoning classification which
Federal Land Company desires to address. The first point is that conducting a hearing on the LB zoning
ordinance is premature at this time. The second point is that Federal Land Company feels that the proposed
LB zoning ordinance is inadequate and contradictory to the City's best interests.
1. CONDUCTING A PUBLIC HEARING ON THE PROPOSED LB ZONING
ORDINANCES IS PREMATURE AT THIS TIME.
Minnesota Statutes Section 473.175 provides that no action shall be taken by any local governmental
unit to place a comprehensive plan or any part thereof into effect until the Metropolitan Council has
reviewed the plan and the local governmental unit has incorporated any modifications promulgated by the
Metropolitan Council. Minnesota Statutes Section 473.858, Subdivision 2 provides that local governmental
units shall submit their proposed plans to adjacent governmental units and affected school districts for
review and comment at least six months prior to submission of the Comprehensive Plan to the Metropolitan
Council. Finally, Minnesota Statutes Section 473.865, Subdivision 2 provides that a local governmental unit
shall not adopt any official control (ie. a zoning ordinance or zoning classification) or fiscal devise which
is in conflict with its comprehensive plan. The Metropolitan Council has not completed their review of the
proposed 1990 Comprehensive Plan recently promulgated by the City of Lake Elmo. The Metropolitan
Council will not complete its review nor provide comments until February of 1991. Therefore, the proposed
1990 Comprehensive Plan cannot be adopted by the City until that time,
Theexisting Comprehensive Plan, whether it be the 1979 Plan as Federal Land Company contends or the
1986 Plan as the City contends, contains no Limited Business (LB) zoning classification. Therefore, pursuant
to Minnesota Statutes Section 473,865, Subdivision 2, the City cannot adopt the Limited Business (LB) zoning
12/17/90 14:00 n612 452 3362 FEDERAL LAND CO 003
Mary Kueffner
December 17, 1990
Page 2
classification or ordinance unless and until the proposed 1990 Comprehensive Plan is actually adopted. The
City should, in order to comply with Minnesota Statute, wait until the comments received from the
Metropolitan Council (and adjacent communities, if not yet received) are incorporated into the proposed
1990 Comprehensive Plan, prior to considering and adopting the Limited Business (LB) zoning classification
and ordinance.
2. THE PROPOSED LIMITED BUSINESS (LB) ZONING IS INADEOUATE AND
CONTRADICTORY TO THE CITrs BEST INTERESTS.
Federal Land Company has during the last year provided trial testimony and appeared before the
Lake Elmo Planning Commission and Council presenting evidence that the its property in Lake Elmo is
unsuited for residential development. The Limited Business (LB) Zoning ordinance being proposed by the
City is an acknowledgment that the I.94 corridor is best suited for commercial, rather than residential,
development. However, the Limited Business zoning classification and ordinance being proposed is lacking
in several respects.
First, the permitted and conditional uses included are much too limited. Retail sales, motels and
hotels, motor fuel stations, convenience stores, and fast food restaurants are noticeably absent. The
presence of I.94, its diamond interchange with County Road 19 and the location of the Regional Park makes
the Federal Land Company property well suited for these uses. There already are several retail and other
commercial uses in existence along the freeway. Therefore, it is unreasonable and unfair to limit the uses
to those set forth in the proposed ordinance. Furthermore, if the City is serious about broadening its tax
base, the uses which I have cited above, especially retail sales and motor fuel stations, must be allowed,
Secondly, the 3.5 acre lot area and 300' x 400' lot size is not conducive to quality development. The
maintenance of oversized lots will, in Federal Land Company's opinion, result in unnecessary cost which will
cause developers to cut back on building aesthetics and result in large areas containing noxious weeds and
areas overgrown with vegetation. It is much more appropriate to regulate lot size and dimensions through
reasonable parking and sanitary sewer requirements. Finally, the 300' x 400' lot dimensions will probably
preclude development in Federal Land Company's "island area" due to its unique shape, although the area
of the parcel is almost 5 acres. Therefore, there should be no specific lot area or dimensions for lots in the
LB area
Thirdly, the setbacks and minimum lot coverages are excessive. I do not know of another city in
the metropolitan area which requires greater than a 25% "green area". Based upon Federal Land Company's
past experience, if the setbacks and lot coverages being proposed are used, there will be a serious problem
controlling weeds and noxious vegetation. This is not conducive to the health, safety or public welfare of
the community. Again the legitimate controls for the City is the proper enforcement the sanitary sewer rates
as promulgated by the Metropolitan Sanitary Sewer Commission and reasonable parking requirements.
In conclusion, Federal Land Company believes that hearings should not be held on the proposed
Limited Business (LB) zoning ordinance unless and until the proposed 1990 Comprehensive Plan is actually
adopted Furthermore, when the Limited Business zoning ordinance is considered, it should be revised to
include hotels and motels, retail sales, motor fuel sales, convenience stores, fast food restaurants, and other
uses which accommodate the users of the adjacent roadways and park. The lot area and sizes should be
eliminated as reasonable requirements for sanitary sewers and parking will dictate lot area and size. Finally,
the setbackcs and green areas should be substantially reduced to accommodate quality and desirable
commercial development.
:
Mary Xuetiner
December 17, 1990
Page 3
Federal land Company appreciates the opportunity to state its views on your proposed ordinance.
We believe that the implementation of the position set forth in this letter is necessary for the City to act
lawfully and reasonably on this matter.
Sincerely,
Charles R. Bartholdi
Legal Department, Attorney
DEC 1 7 1990
Jamie L. Olson for the
JAWETO PARTNERSHIP
7715 Robe Menzel Road
Granite Falls, WA 98252
Mary Knefner and the
Mayor of Lake Elmo
3800 Laverne Ave. North
Lake Elmo Court House
Lake Elmo, MN 55042
December 12, 1990
Dear Mary Knefner, Mayor and City Council Members of Lake Elmo;
I am responding to the Notice of Public Hearing schedualed for
December 17, 1990. I am the managing partner for the JAWETO
Partnership which owns the property on I-94, specificly property
number 37036-2850. Our property is currently zoned General
Buisiness (GB). It has been zoned GB for more than thirty-five
years. For most of those years a motel was operated on the pro-
perty. I have been trying for the last six years to get a permit
allowing me some kind of business use.. any kind of business use
on this site but have benn denied a CUP to operate an advertising
structure here four times over the last six years. Denied illegally!
Now you are proposing to DOWN zone our property to RAD on the future
Land Use Plan!!! Proposing to do away with all GB zoning!!!
This is akin to insanity. The need for business development along
the east -bound I-94 corridor of Lake Elmo is pressing to the point
of being stressfull. This recommendation only frustrates a develop-
ment process wich is natural and will ultimately take place with
or without Lake Elmo's permission...
In the meantime you will not be allowed to DOWN ZONE OUR PROPERTY!
That is a taking. I intend to defend our private property.rights'in
the legal courts of Minnesota until my last penny is spent and my
dying breath is drawn.
I do not believe that the gover.nment,ofthe City of Lake Elmo can
go on on;.trainpeling private property rights and offending honest,
tax -paying citizens forever. It has to stop somewhere.
erel
Jamie L. Olson - Managing Partner, JAWETO PARNERSHIP
CC. James J. Hanton
Countryside Pools, Inc.
Fiberglass and Vinyl Swimming Pools • Spas
Chemicals • Accessories
November 29. 1990
Rita Conlin
Planning Commission
City of Lake Elmo
Lake Elmo. MN 55042
Dear his. Conlin:
I am writina this letter as a concerned business owner in
Lake Elmo. My company was established eleven years ago from
ground zero. I know the trials and tribulations of making a
business grow and be profitable.
We are located north and east of the wide open quadrant of
I694 and I94. The growth in Woodbury directly to the south
is exploding with various construction projects extending
from residential to shopping malls. This type of growth
does not happen overnight. but through a concerted effort by
potential developers and city government.
The news from the Lake Elmo side is centered around Oakdale
annexing Lake Elmo properties or future developers wanting
to establish business but are discouraged or flatly refused
due to existing zoning restrictions. I feel strongly the
attitude and atmosphere toward business must be changed.
Inerstate 94 will be lined with businesses some day. with or
without Lake Elmo government.
I strongly propose that landowners be encouraged and
supported when opportunities are presented to Lake Elmo
government so the tax base can remain under Lake Elmo city
management. There is still time for corrective action with
proper land management.
Sincerely
A
Dennis R. Opland
President
Countryside Pools. Inc.
9242 Hudson Road • Lake Elmo, Minnesota 55042 • (612) 731 -9745
3 miles east of 3M on 1-94 • Access exit Co. Rd. 13 or 19 N Frontage Rd.
REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date:
AGENDA TOPIC: Concept REview: Fox Fire Manor.
December 17, 1990
ITEM
NO. 7.
Attached is a preliminary plat for a proposed development in the RED
zoning district.
The first step is rezoning the property, which is covered under
Section 301.060 E (page 301-25) of the code. Staff hopes to run this
application concurrently with the preliminary plat which is covered
under Section 401.220 & 401.230.
The Commission can proceed with calling a public hearing for January
14, 1991, however, the same restrictions will apply to this rezoning
as Arabian Hills. (Rezoning approval would be contingent upon Comp.
Plan approval by Met. Council).
NOV-20-90 TUE 13:57
D~VtY,OP."4ENT APPLICATION roam
P• 02
Comprrehensi-:e Plan Amendment
Zoning District Amendment
• Text Amendment
Conditional Use Permit
Variance
Appeals
Trailer Park
Site & Bldg. Plan Review
Mining Permits
Applicant
Owner
ncaSs4e.1 4Ca�( Y\ vr,c.yen„a.,� .k�c.. 59(-43 [P
.(Name)
C,o_rt E.
(Name)
ro�ra� cl 3 /G
as c-AQ I rcr,., ( 5
(Address)
(Address).
Property location (Street Address and Legal Descriptien)t
simple tot Division
.Large Lot Subc..vdsion
)<: Subdi ranee.
Sketch
Preliminary
• Final
Subdivi.stcv Variance
Flood Plain Conditional Use
. Permit
Shoreland Permit
• Planned Unit Dwaelopment
.sti64 C,J' s.{
(phone) . 149
/La• L l Vtno sro tt-
1 7c5-Coo 1,
(phone)
v\,., a D C" \-Q`io_\ COX 4.t < r, f)-hr w_ aa:11-O4- in -a A
I
Description and/or Reasontorfor Request (Cite Ordinance Section)(' / () p
�^ 0 1 I r 4 I Sl �.. 1' I r T -J I/�L.. C CI`2._ AA I I 1 i.l,�ln In„ I ll S 1 & t D-I s ,L.)V� o 4G1.RC
st, r 11_ < r 5A'Il, �I [, 1
?l0 p Vrn rP vi 11 • r..r� . .� n 'Zc. y.-e �0..d _
In signing this application, I hereby acknowledge that I have read and Sully under —
.stand the applicable provisions of the Zaning and Subdivision Ordinances and current
administrative procedures. I further acknowledge the fee explanation as cutup d in
the application procedures and hereby agree to pay all statements received from the
City pertaining to addition application expense.
,rre ITr�
1
( O
. . it -go �o
Signature oz App i ant Date
: r
r‘k
REV PS !OHS ...
t ..I r
pap ar
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lake
zoning
.WlouIIws
ono family r.afd.ntlal
public
R-3 manufactured hams park
R-R rvral taald.nHal
Ind Industrial
.10
•
1
�_..12/14/90 14:02 6125372352 NII_FPh1I PAGE 03
GEOCODE: 03-29-21-42-0002 MEYER FRANK V & ARLEENE M
PIN : 370032005 TRUSTEES
Owners 750 N HWY #95 - #305
BAYPORT MN
Contract Purchasers
550030000
NORTHERN LAKES DIVERSIFIED INC.
11000 CENTRAL AVE NE
BLAINE MN 554340000
GEOCODE: 03-29-21-13-0002 PALZER PROPERTIES
PIN : 370032050 3919 52ND AVE N
Owners MINNEAPOLIS MN
Contract Purchasers
NELSON PROPERTIES INC
6579 NORTH SHORE TRL
FOREST LAKE MN
554290000
550250000
✓ GEOCODE: 03-29-21-12-0001 LAUSENG RUBEN D & LAUDINE P
PIN : 370032100 09591 60TH ST - N
LAKE ELMO MN
550420000
GEOCODE: 03-29-21-12-0002 PEDERSON MORRIS E & DONNA J
PIN : 370032150 09585 60TH ST N
LAKE ELMO MN.
550420000
r
GEOCODE:'03-29-21-31-0001 KLEIS LAWRENCE F
PIN : 370032400 09241 60TH ST N
LAKE ELMO MN
550420000
'?lT�?yC7
w.L( L4 (19',1I.
12/14/90 14:02 6125372352
NII_FPMI PAGE 02
GEOCODE: 03-29-21-24-0001
PIN : 370032600
KLEIS LAWRENCE F
09241 60TH ST N
LAKE ELMO MN
550420000
GEOCODE: 03-29-21-21-0002 JOHNSON GORDON G
PIN : 370032660 9265 60TH ST N
LAKE ELMO MN
GEOCODE: 03-29-21-21-0003 UNITED POWER & LAND CO
PIN : 370032700 414 NICOLLET MALL
MINNEAPOLIS MN
GEOCODE: 03-29-21-22-0002 SCHAEFER ALVIN J
PIN : 370032800 9109 60TH ST N
LAKE ELMO MN
" GEOCODE: 03-29-21-22-0005
PIN : 370032950
GEQCOD&4--93 -,.0 31-9-3 0003
>�t�o criz
a
SCHAEFER ALVIN J
9109 60TH ST N
LAKE ELMO MN
C[O ADMINISTRATOR
388U N LAvt:RN4 AVE
LAxZ ELMO MN
Lot 13 1-1
550420000
554020000
550420000
550420000
550420000
C
i
12/06/90
GEOCODE:
PIN
3:52 PM
03-29-21-42-0002
370032005
Owners
Contract Purchasers
GEOCODE: 03-29-21-13-0001
PIN : 370032040
GEOCODE: 00- - - -0000
PIN
GEOCODE: 03-29-21-31-0002
PIN : 372402200
Owners
Contract Purchasers
GEOCODE: 03-29-21-31-0011
PIN : 372402800
.77O03 - fair is x4r 2•rZS&
Page 1
MEYER FRANK V & ARLEENE M
TRUSTEES
750 N HWY #95 - #305
BAYPORT MN 550030000
NORTHERN LAKES DIVERSIFIED
INC
11000 CENTRAL AVE NE
BLAINE MN 554340000
KORHEL STEPHEN T JR & NANCY
5540 KEATS AVE N
LAKE ELMO MN
550420000
SCHIFSKY MARGO
9393 55TH ST N
LAKE ELMO MN
GALE DENNIS S & RICHIE DON W
III
9393 55TH ST N
LAKE ELMO MN
BOSTROM WARREN R & GLORIA J
9363 55TH ST NO
LAKE ELMO MN
000000000
550420000
550420000
550420000
pun /g.s co,CL2Y A- dF //- 2j'- �o
There were 5 parcels searched in this request.
REQUEST FOR PLANNING COMMISSION REVIEW
AGENDA TOPIC:
Meeting Date: December 17. 1991
RESIDENTIAL ESTATES ORDINANCE REVIEW
ITEM
NO. 8.
At its December 4, 1990 meeting, the City Council directed the
Planning Commission to review the intent of the RE Ordinance as it
relates to park dedication. Councilman Graves thought that the
intention was to have the average lot size calculated after
subtracting a 10% land dedication.
I doubt that we will get far with this item on the agenda, and in
assuming that, staff will have more time to research the Planning
Commission, Parks Commission, and City Council records for a more
comprehensive review at your next meeting.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 4, 1990 PAGE 3
The Council questioned the deck proposed on the drawing that was
submitted to them that night. The drawing in the Council packet did
not include a deck. Therefore, the Council could not take any action
on the deck at this time. The applicants would have to reapply for a
variance for a deck. The Council indicated to the applicants they
would not be favorably inclined to look at a further encroachment of
this side of property with the addition of a deck.
M/S/P Armstrong/Hunt - to approve a variance for sideyard setback for
the purpose of construcitng a 24' x 26' addition for Wayne and Kathy
Wensley, 8470 DeMontreville Trail N., based on the hardship the house
was placed on an erroneous assumption of their propertyline, the house
to the south is 135' away, the lay of the land makes this the most
logical place to put the additon on the house, it preserves the seprC.
and drainfield area, and only a small portion of this addition will
actually interfere with the sideyard setback, and based on the
neighbor's letter (Jeffrey & Kathleen Hamme) indicatng no objection to
this variance request. (Motion carried: 4-1: Williams: He noted he has_
voted against other variances of this type in the past for the reasons
he stated and adjustment of the size of the addition could have
avoided the variance.)
B. PUBLIC HEARING: David Schwarz, 10961 32nd St. N.
Variance for height of garage
The applicant requested this item be deleted and placed on the January
15th Council agenda.
C. Residential Estates Zone
In response to a proposal to the City requesting approval of a
preliminary plat, Councilman Graves pointed out the developer took the
total acreage and divided it by 3.33 acres and came up with the number
of allowed lots. Graves felt this was not the intent of establishing
the RE Zoning District. He felt the gross development area; exclusive
of park dedication acreage, was to be 3.33 acres and felt this was not
clear within the zoning ordinance.
M/S/P Graves/Hunt - to direct PZ to look at the intent of the RE
Zoning District. (Motion carried 5-0).
Councilman Graves indicated he saw as a goal of the RE Zoning Dist.
the ability to utilize "more desirable areas" or portions of parcels
of land for the residential development. He asked if it would it be to
the advantage of land utilizatiin policy to obtain our community goals
to obtain open space if we were to develop a provision within the RE
Zone which would allow clustering . The consensus of the Council was
not to send clustering in RE back to the
PZ for discussion.
D. Park Dedication
Councilman Graves recalled the Council had rewritten the portion of
the ordinance that dealt with park dedication and requiring up to 10%
of the total gross acreage of a proposed development and/or up to $450
REQUEST FOR PLANNING Coe'2IISSION REVIEW
Meeting Date:
AGENDA TOPIC:
;Dec Ewe 5 ep 17. /q9b
ITEM
NO.
9
This item was placed on the agenda by Chairman DeLapp.
I think this is an excellent concept, and Lake Elmo should proceed in
joining this effort.
If you would like to make a recommendation to the Council to get
additional information, turn this over to the Solid Waste Committee,
or be the first community in Washington County to -join this coalition,
please do so.
+.N
16 cities in state form i2ji3/90
environmental coalition 1
By Dean Rebuffbw
Staff Wri ter
Vowing to "think globally, act locally," 16
Minnesota cities have banded together to push
for municipal programs that they say could
help ease major environmental problems.
The cities, including Minneapolis, SL Paul and
Duluth, announced Wednesday that they have
formed the Environmental Cities Coalition.
They're asking other Minnesota cities to join
them, and they plan over the next several.
months to introduce four initiatives to deal
with air- and water -quality problems and solid
waste abatement
The initiatives are proposed local ordinances
-hat the coalition said could serve as models for
Jmmunities throughout Minnesota. Some of
the 16 member cities already have adopted
Environment Continued from page 1B
coalition call for mandatory recy-
cling. city procurement of recycled
and recyclable materials and a ban
on the sale and use of lawn fertilizers
That contain high levels of phospho-
roses.
Phosphorous can be washed from
lawns into lakes and streams and can
promote the growth of undesirable
aquatic plants. 1t also ran be flushed
into city sewer systems and. if not
removed by sewage -treatment plants,
enters rivers in wastewater dis-
charges.
The fourth proposed ordinance is a
sales ban on dishwashing detergents
that contain high levels of phospho-
rous, Minnesota law allows a phos-
phorous level of 11 percent by weight
for dishwashing detergents. although
most detergents now uscd in Minim -
Shooting
Continued from page 1B
Bradway, but that she believed the
shooting was an accident, Barrett
said.
Kangas said the gun had been stolen
term -Nth( frnm v vrhielr in (Minn Rnn-
some of' the ordinances; others may pass them
in the form of resolutions
"We can do a lot to protect the environment in
our own back yard without having to wait. for
the federal or state governments to act first,"
said Bob Long, the coalition's acting chairman
and a St. Paul City Council member.
Long said that, after the 16 member cities have
acted on the proposed ordinances, the coalition
will push for local programs to help minimize
the threat of global warming by reducing emis-
sions of the pollutant carbon dioxide. Coalition
members also are discussing local regulation of
door-to-door distribution of nonrecyclable pa-
per products, including telephone directories.
Three of the model ordinances proposed by the
Environment continued on 13B
seta contain 7 to 8 percent phospho-
rous. The proposed ordinance calls
fora limit of 7.1 percent.
The Minnesota Pollution Control
Agency and the Metropolitan Waste
Control Commission recently began
a study to detcrrnine how much
phosphorous enters the Mississippi
River in wastewater discharges from
the commission's big Metropolitan
treatment plant al Pigs Eye Lake in
5t. Paul,
Mark Hanson. a Minneapolis attor-
ney representing the Natural Soap
and Detergent Association. said in an
interview yesterday that the trade
group would prefer that the cities
wait until after That study is complet-
ed before they might consider new
restrictions on phosphorous in deter-
gents.
Klobuchar Continued
price.
"My experience in juvenile court,"
said Judge Alien Oleisky, "tells me
that most abusers were victims
themselves earlier in life. They
learned i1. Women learned to be
victims. We have to etoo the cycle.
Other members Of the environmental
coalition are Arden Hills, Coon Rap-
ids, Cottage Grove, Eagan, Falcon
Heights, Golden Valley, Inver Grove
Heights, Mankato, Minnetonka,
Plymouth, Robbinsdale, St. Louis
Park and Shoreview.
•
Allen Friedman. a St. Louis Park
City Council member, said the pro-
posed ordinances could become a
model for statewide legislation.
Elected officials from the 16 cities
would testify at the Legislature in
support of such measures.
Six other cities, including four in the
metropolitan area, are interested in
joining the coalition. Those in the
metro area are Apple Valley, Bloom-
ington. Hastings and Shakopee. Oth-
ers are Red Wing and Winona.
from page 1B
women refuse to come forward to
support their complaints ofdomestic
assault Does this mean the case is
groundless and the blame is the
woman's? Hardly. "There are reasons
and reasons," Roberta Levy said.
"The victims may be dependent.
They may be controlled. They may
a
t• '
A
•:
METROPOLITAN AIRPORTS COMMISSION
Minneapolis -Saint Paul International Airport
6040 - 28th Avenue South • Minneapolis, MN 55450
Phone (6121 726-8100• Fax (612) 726-5296
a�eaf4,%er 15, 1990
Ms. Harriet McPherson
State Representative
243 State Office Building
St. Paul, Minnesota 55155
RE: Lake Elmo Airport Master Plan
Dear Representative McPherson:
As agreed at our September 18, 1990 meeting, I want to provide you an update
as to where things stand regarding completion of the Lake Elmo Airport
Comprehensive Plan (Master Plan).
Presently we are drafting a "Memorandum to citizens in the vicinity of Lake
Elmo Airport". It is our intention that this letter, when finalized, be
distributed to all residents in Lake Elmo, West Lakeland and Baytown Township.
This letter is intended as a "primer" as to what the Metropolitan Airports
Commission planning process is, and what it is not. We would truly appreciate
your review and comment on this letter so that we can distribute it as soon
as practical. I will forward the letter this week.
Regarding the status of the Master Plan Update, we are presently analyzing
additional aircraft noise monitoring data compiled at the airport over the
past several weeks. This noise monitoring information will supplement that
compiled earlier and hopefully can address some of the concerns expressed at
the three public meetings held in recent months. Besides the noise
information, we are compiling a list of aircraft owners who base their
aircraft at the Lake Elmo Airport. This listing should provide a more
specific indication of the "service area" of aircraft owners located at the
airport.
In my next report to you, later this month, I will be able to provide some
more specific information regarding the public information/hearing process
that we intend to provide for this Master Plan Update. Currently, our
thinking is that it would best serve the interested citizens if we were to
hold a public information meeting, possibly between 6 and 8 pm, and follow it
up with a more formal public hearing about 8 pm. Such a format would allow
considerable open discussion prior to the actual hearing. In the past, our
hearing process has required a minimum of 15 days notice of hearing followed
by a 5-10 day open hearing record. I see no reason why this process could not
apply here.
The Metropolitan Airports Commission is an affirmative action employer.
I trust you will take an opportunity to review and provide
soon to follow draft letter and that you will get back to
your earliest convenience. I have copied this letter to
Baytown Township so that they too can provide input to the
Sincerely,
Richardson
Deputy Executive Director -Airports
ELMO-MAS/MR
cc: 4Mayor"of.Lake'Elmo`!
Baytown Township Chairman
West Lakeland Townboard Chair
any comments on the
me, or Mark Ryan at
both Lake Elmo and
information letter.
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