HomeMy WebLinkAbout03-25-91 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.
7:30 p.m.
AGENDA
LAKE ELMO PLANNING COMMISSION
MARCH 25, 1991
MEETING CONVENES
1. AGENDA
2. MINUTES: March 11, 1991
3. LAKE ELMO PARK RESERVE MAINTENANCE BUILDING
SITE & PLAN REVIEW.
4. ARABIAN HILLS (continuation) Rezoning from RR to RE
and Preliminary Plat.
5. FOX FIRE MANNOR (continuation of Public Hearing)
REZONING FROM RR TO RED AND PRELIMINARY PLAT.
6. 1989 AUDIT REPORT.
7. OTHER
8. ADJOURN
Date Approved: 3-25-91
Date Issued: 4-5-91
LAKE ELMO PLANNING COMMISSION MINUTES
MARCH 11, 1991
JOINT MEETING WITH CITY COUNCIL
Mayor Dave Johnson called the Joint Meeting of the City Council and
the Planning Commission to order. Present: Mayor Johnson,
Councilmen: Mottaz, Johnson, Hunt, Williams, Chairman John, Conlin,
Johnston, Mcleod, Schubert, DeLapp, Stevens, Bucheck, Enes (departed:
9:00), Administrator. Kueffner, City Planner Black. Absent: Wilfong & Thomas.
Mr. Obi Sium of DNR presented a general overview of a recent seminar
put on by DNR addressing the State's New Shoreland Ordinance. The DNR
is holding four workshops this year as opposed to ten held last year.
Background information was touched on with regards to the MN
Legislative Acts. Shoreland District Standards were gone over. The
number one problem of shoreland development is non -conforming sewage
systems, and the number one pollutant of lakes and rivers is
agricultural runoff of sediment and chemicals. It was recommended the
best time to set up septic systems and water systems is at the time of
subdivision. Statewide Minimum Standards were gone over. Wetlands
are regulated under public permit. The Shoreland Impact Zone, a new
revision, states 50% of the structure setback requirement is
restricted from clear cutting, and only one water oriented structure
is allowed (total square footage not to exceed 250 sq.ft.). Another
new management guideline adopted by DNR is Best Management Practices
(BPM's) which address water quality, scenic values, visual quality
issues. The City is responsible as the governing body to enforce
Shoreland Ordinances, and may write stiffer ordinances.
The Joint Meeting was adjourned at 8:15 p.m. Chairman John called to
order the regular Planning Commission meeting at 8:20 p.m.
1. AGENDA
Add 2b. - ReApp Task Force Meeting.
M/S/P DeLapp/Stevens - to approve the Agenda as amended. (Motion
carried 9-0.)
2. MINUTES: February 25, 1991
M/S/P DeLapp/Conlin - to approve the February 25, 1991 minutes as
submitted. (Motion carried 8-0-1, abstain: Stevens.)
2b. ReAPP UPDATE
Commissioner Conlin, a member of ReAPP, stated there will be a ReAPP
task force meeting Thursday, March 21st at 7:30 p.m. here at Lake Elmo
City Hall. A video produced for the P.R. campaign will be shown. The
completion of the EIS is expected in April. Volunteers are needed
right now.
Lake Elmo Planning Commission Minutes March 11, 1991 Page 2
3. PUBLIC HEARING: Comp. Plan Amendment: (Future Land Use Map)
Clifford Adkins property.
Chairman John opened the Public Hearing at 8:30 p.m. The Public
Hearing notice was published in the St. Croix Valley Press February
27, 1991 and all property owners within 350 feet were notified. City
Planner Mike Black offered some general information regarding this
application and what is being considered. The property is designated
on the Future Land Use Map, which the City has recently adopted, as
SRD. The question is whether the City should consider amending this
designation to RED. SRD designation equals R1 zoning (1.5 acres).
The City has adopted the Comp. Plan which states there will be no more
new development at the R1 zone.
Paul Wolff, representing Mr. & Mrs. Adkins, stated approximately 12
acres is being discussed, and the Future Land Use Map is contained in
the Comprehensive Plan which has been adopted by the City, and
classifies the future land use for this property as SRD. The Adkins
were of the impression they would be able to develop under the R1
zone. Mr. Wolff requested the Planning Commission recommend to the
City Council the Future Land Use Map not be amended and SRD
designation be maintained.
Chairman John closed the Public Hearing at 8:45 p.m.
Commissioner: DeLapp stated the printer made the error on the map
concerning this property. Commissioner Bucheck stated this property
is in the flood plain. Commissioner Mcleod stated this property is
surrounded by R1 development, therefore SRD would be consistent.
Also, permits to build would not be issued if in the flood plain.
M/S/F DeLapp/Stevens - to recommend the City Council amending the
Future Land Use Map designation of this property from SRD to RED.
(Motion failed 2-5-1, against: Bucheck, Conlin, John, Mcleod,
Johnston, abstain: Schubert, reasons: Bucheck: voted against Durand
change to RED; Conlin, Johnston & Mcleod: should follow the Future
Land Use Map; John: property owner would be held hostage).
M/S/P Conlin/Mcleod - to recommend to City Council that Adkins land
stay as designated on the Future Land Use Map as SRD. (Motion carried
4-3-1, abstain: Schubert).
4. ARABIAN HILLS (continuation) Rezoning from RR to RE and
Preliminary Plat
Chairman John re -opened the public hearing at 9:15 p.m. All property
owners within 350 feet were re -notified.
Roger Kolstad, developer of Arabian Hills, presented the most recent
preliminary plat. The park was removed from the plat to accomodate
some lots within the 100 year flood plain and were hoping to give a
park dedication fee in lieu of land dedication. Also, the road
connection to the existing 53rd street was altered slightly.
Lake Elmo Planning Commission Minutes March 11, 1991 Page 3
Keith Raleigh, 5435 Keats Ave., stated there should be a park, and was
of the understanding the City could require 10% of the development for
a park.
Peter Eggen, 5250 Keats Ave., made the Commission aware there is a
State law guarding a farmer's right to farm the land and not be held
responsible for dirt, debris or odors. Mr. Eggen stated he farms
seven acres and is concerned about people moving into this development
and complaining about his farming. Also, will there have to be a
public hearing to give up the option on Tauer's road easement? The
commission answered no public hearing is necessary and they have the
power to give up the option.
Steve Korhel, 5240 Keats Ave., suggested developers should be held
liable for negative impacts on adjoining property owners. Mr. Korhel
also stated that on the County tax roll Mr. Cletus Tauer owns only
five acres which is illegal in RR zoning unless a public hearing is
held.
It was pointed out to Mr. Korhel that Mr. Tauer has a contract for
deed with Northern Lakes Diversified and therefore is still an owner
of the property and co -applicant of the plat.
George Dege, 5193 Keats Ave., stated he would like to see a more
detailed landscape plan.
Chairman John closed the Public Hearing at 10:30 p.m.
A request was made of Mr. Chuck Nelson, president of Northern Lakes
Div., that he put in his protective covenants a statement to the
effect that potential property owners must be made aware of existing
farm operations, including noise and odor that exist and the farmers
cannot be adversly affected by new property owners. Mr. Nelson agreed
to this.
M/S/F Conlin/Johnston - recommend the City Council approve rezoning
from RR to RED and approve the Preliminary Plat subject to City
Planner Black's seven recommendations from his March 8th report and
the Planning Commission to see the protective covenants with
recognition to the rights of farmers included. (Motion failed 4-4,
against: Schubert, Stevens, DeLapp, Bucheck; Point of order: Schubert
is an adjoining/affected property owner.)
M/S/P DeLapp/Bucheck - to table this subject for two weeks at which
time an updated road plan and the protective covenants be submitted
for review by the Planning Commission and written comment from the
Parks Commission regarding this plat. (Motion carried 5-2-1, abstain:
Schubert, against: Johnston, Conlin.)
M/S/P Bucheck/DeLapp - to postpone discussion of LBD, put the 1989
Auditors report on a future agenda, Chairman John discuss meeting with
Chauncey Case from the Airports Commission and the VBWD survey with
Administrator Kueffner, and Commissioners that wish to attend the PUD
seminar contact Kathy, and adjourn the meeting at 11:10 p.m.. (Motion
carried 8-0.)
REQUEST FOR PLANNING COm^?ISSION REVIE:•T
AGENDA TOPIC:
Meeting Date: March 25, 1991
SITE & PLAN REVIEW: Lake Elmo Park
Reserve Maintenance Building.
ITEM
NO.
3
9
Attached is an application for Site & Building Plan Review from James
Luger of Washington County Parks Dept. for a Parks Maintenance
Building to be located in the Lake Elmo Park Reserve. (Please return
these site plans to me after the meeting, as they can be recycled for
the use of the Council, thank you.)
{
: ?.CFmENT APFLICATIC:! FCRN
Ccmorehersive Plan Amendment
Zoning District Amend:rent
Text Amendment
Conditional Use Permit
Variance
Appeals
Trailer Park
XSite & Bldg. Plan Review
Mining Parnits
Applicant James 'Luger
Owner
•(Name)
Si:role Lot Division
.Large Lot Subdivision
Subdivision
• Sketch •
. Preliminary
Final
Subdivision Variance
Flood Plain Conditional Use
permit
2horel_nd Pert
• • Planned Unit De.,elopment
•11660 Myeron RoadN., Stillwater, MN 55082 •439-6058
(Address) (phone)•
Washington County Parks •11660 Myeron Road N., Stillwater, MN 55082 439-6058
(Name) (Address) (phone)
Property location (Street Address and Legal Description):
Lake Elmo Park Reserve, Lake Elmo, MN 55042
N1/2 of NE1/4, SE1/4, SW1/4, Section 14, T29N, R21W
Description and/or Reason for Request (Cite Ordinance Section):
This project includes the construction of a 7,000 square foot concrete panel random
rib maintenance building, with an adjacent 25 car pared parking lot, and 44,000 —
square foot storage yard. This building will be the headquarters for Washington
County Parks Maintenance.
• In sig_o ing this application, I hereby acknowledge that _I have read and fully under—
stand the applicable provisions of the Zoning and Subdivision Ordinances and current
administrative oracedtires. I further acknowledge the fee explanation as outlined i_ '
the application procedures and hereby agree to pay all statements received ircm the
City pertaining to addition application expense.
$100 Permit Application
$250 Escrow
e ata e of Applicant
13 Hardi 1?1/
Date
REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date:
March 25, 1991
AGENDA TOPIC: ARABIAN HILLS (continuation) Rezoning from
RR to RED and Preliminary Plato
ITE_i
No. 4.
Attached is the preliminary plat map with the road plan, drainage
plan, landscape plan for Arabian Hills.. Also attached are the
protective covenants for this development and the recommendation from
the Parks Commission regarding park dedication.
Lake Elmo Park Commission Minutes March 18, 1991 Page 2
Roger Kolstad, developer of Arabian Hills, deleted the original park
agreed upon due to Valley Branch Watershed's report to Mr. Kolstad
regarding the 100 year. flood. An offer of $700.00 per lot was offered
as a park dedication fee in lieu of.
City Planner Black stated each application for subdivision is separate
and should be treated as such. According to the present code the park
land dedication for Arabian Hills would be 2.8 acres, and from Fox
Fire Mannor and Rolling Hills would be 1.8 acres each.
The Parks Commission feels that 2.8 or 1.8 acres is too small for a
neighborhood park.
Councilman Johnson stated Fox Fire Mannor and Rolling Hills must be
developed together in order to have a continuous street (55th), the
code will not allow a cul-de-sac of that length. Councilman Johnson
stated he sees no reason why one developer can't pay cash to the other
developer to dedicate the full amount of land dedication between the
three plats.
M/S/P Lyall/Enes - to request six (6) continuous acres from the three
developments currently applied for (Arabian Hills, Fox Fire Mannor,
Rolling Hills).
-'if
ARAF.tTAN HILLS DECLARATION OF COWSNA 4TS AND RLS i'ICTIONS
WHEREAS, Henry G. Harvey, June E. Harvey, Cletus J. Tauer, and
Ramona L. Tauer are the fee owners of ARABIAN HILLS ESTATES,
Washington County, Minnesota; and
WHEREAS, Northern Lakes Diversified, Inc., is the owner of the
Vendees' interest in the above -described real property; and
WHEREAS, Henry G. Harvey, June E. Harvey, Cletus J. Tauer, and
Ramona L. Tauer, and Northern Lakes Diversified/ Inc. desire to
impose certain conditions, restrictions, reservations and covenants
upon the above -described property for the benefit of all of the
present and future owners thereof;
NOW, THEREFORE, the above -named owners hereby impose upon the
subject the ,above -described real property to the following
conditions, restrictions, reservations and covenants, which shall
run with the land and be binding upon the present owners of the
above -described property and each and every successor in interest;
1. No building shall be erected, placed or permitted to
remain on any lot other than one single family dwelling. No earth
homes, dome homes, foam homes or other uncommon type of houses will
be allowed. *io garish colors will be allowed.
2. All residences shall have a minimum of 1,800 square feet
finished living area. All two-story dwellings located on said lots
shall have not leas than 1.000 square feet of finished living area
on the first floor. All split level or split entry dwellings shall
have a minimum of not less than 1,500 square feet of finished
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P.
living area on the main floor. 4Main floor" au used herein and
hereinafter shall mean the upper two levels.
3. All residences will have a minimum.of three -car garage and
that garage shall conform in.style and arbhitecture to the dwelling
to which it is appurtenant, It alao shall he directly attached to
the residence and be constructed of the same exterior materials as
the main structure,
4. No structures shall be,erected, placed, or altered cn any
lot or plot until the construction plan and specifications, and a
plan showing the location of the structure have been approved in
writing by Northern Lakes Diversified, tnc., A Minnesota
Corporation, and/or its agents and assigned, as to harmony of
external design with existing structure, and as to location with
respect to topography and finished grade elevation. However, in
the event that Northern Lakes Diversified, Inc., a Minnesota
Corporation, its agents or assigns fail to approve or disapprove of
such plans within thirty (30) days, then such approval will not
thereafter be required.
5. All fences installed must not exceed a height of 54
inches, must conform and blend in with the surroundings, and must
allow at least 30% or more see -through apace. exceptions to this
will be where certain rules and regulations override; such as
enclosure regulations for swimming pools, etc.
6. No animals of any kind shay- be raised, bred, or kept on
any lot except that dogs, cats, or other domestic pate may ha kept
provided they are not kept for any commercial purpose.
7. No trailer, basement, tent, shack, garage, barn or out-
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.._.. l?`: IO:07
it
building erected on the premises that' Lt any time to used as a
residence, temporarily or permanently, nor shall any structure of
any temporary character be erected, used or occupied for residence
purposes.
B. No part of the individual lots or•boulevards shall be used
at any time for the storage or abandonment of junked automobiles or
other motor equipment.. No lot shall be used or maintained as a
dumping ground for rubbish, trash, garbage or other waste.
Garbage, rubbish and trash shall not ba kept on said premises
except in sanitary containers.. All incinerators or other equipment
used or kept for the storage or disposal of such material shall be
kept in a clean and sanitary condition.
9. No lot shall be used except for residential purposes. No
structure shall be erected, altered, placd, or permitted to remain
on any lot other than one detached single family dwelling.
10. All construction must be new, except buildings existing at
the time of the recording of these covenants, and no used buildings
of any kind shall be moved to, or placed on any of the premises.
11. No noxious or offensive trade or activity shall be carried
on or upon any lot, nor shall anything be done thereon which may be
or'nay become an annoyance or nuisance to the adjoining residential
lots and neighborhood.
12. All owners of said lots shall plant at least six (6) trees
or. the premises no later than one year after constriction of the
residence has finished, and a total of t'denty-five (25) trees must
be planted over the five-year period starting from the finished
construction date. The back fifty feet (50') of each lot must be
left in its natural state to preSer're iylie original ttata of the
property Unless adverse conditions, such as drainage, etc., prevent
this from being done. In addition, a total of three hundred (300)
seedlings must be planted on this stated back fifty feet of natural
area no later than three (3) years after the construction of the
residence has finished.
13. These covenants shall run with the land and shall be
binding upon al? parties an: all persons claiming an interest in
said property until thirty (30) years from the data hereof, at
which time these covenants shall cease and terminate.
14. Enforcement of there covenants shall be by actions
brought by Northern Lakes Diversified, Inc., or by the owner or
owners of the above described property. Said legal action may be
brought only to restrain violations.
15. validity of any ore of these covenants by judgement or
court order, or by law, shall in no way affect any of the other
covenants, which shall remain in full force and effect.
le. That the above provisions may be revised, -amended,
rescinded or superseded by the written consent of a two-thirds
na j or i.ts of the owners of the above described property. The
consent of any mortgagee, vendee, or l Lertholder shall not be
required _o a1 Y4r tee provisions.
"Owner" as used in this declaration shall mean and refer.
L.
the .a �:ar.�-- �.� _tithe: cno or more pee s ns c: ent t3�.es of any
record ..+ +�
of said lots, but notwithstanding any tic?usable theory or
�+ L 1 not mean or rate= to the mortgage, ' mess ad_.sn..il
��e.��y: .. L.. r M- .� 1 .� �
acc u e title ocrsaa:.t :o forscicsura or arty
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.. _S. t .1 10:09 P. 3
proceeding in lieu cf foreclosure.
IN TESTIMONY WHEREOF Northern Lakes Diversified, Inc., Henry G.
Harvey, June E. Harvey, Cletus J. Tauer, and Ramona L. Tauer, have
caused these presents to be executed this day of
1991.
Northern Lakes Diversified, Inc.
By:
Charles R. Nelson, President
By:
Henry G. Harvey
By:
June E. Harvey
By:
Cletus J. Tauer
By:
Ramona t. Tauer
STATE OF MINtNESOTA}
COUNTY OF WASHINGTON}
The fcregoing, instrument was acknowledged before me this day of
, 1991, by Charles R. Nelsen, President of Northern
Lakes Diversified, Inc., a Minnesota Corporation, on 'behalf of the
corporation, by Henry G. Harvey and Jung E. Harvey, and by Cletus
J. Tauer and Ramona L. Tauer.
Mctary Public
County, Hinneecta
REQUEST FOR PLANNING COM'1ISSION REVIEW
Meeting Date:
AGENDA TOPIC: PUBLIC NEARING: (continuation),FOX FIRE
MANNOR Rezoning to RED and Preliminary Pia
March 25, 1991
ITEM
CVO. 5.
Attached is a Preliminary Plat for Fox Fire Mannor along with
protective covenants. This is a continuation of the Public Hearing
which was started at your. Febraury llth meeting and tabled at that
meeting. All property owners within 350 feet were re -notified and
attached are copies of the City Engineer's report and the City
Planner's report.
DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this day of , 1991,
by Pacesetter Property Management, Inc. and Carl Brogren and
Sandra Brogren, hereinafter referred to as "DECLARANTS".
WITNESSETH:
WHEREAS, DECLARANTS are the owner and proprietor and in possession
of the property described as follows, to -wit: _
Lots 1,2,3,4, Block 1; Lots 1,2,3, Block 2; and Lots 1,2,3,4,5,
Block 3; all in Fox Fire Manor, according to the plat thereof on
file and of record in the office of the Register of Deeds, in and
for Washington County, Minnesota.
WHEREAS, DECLARANTS desire to impose certain restrictions on the
above described property to promote the orderly and reasonable
development of such property;
NOW, THEREFORE, DECLARANTS hereby declare that all of the property
described above shall be held, sold and conveyed subject to the
following covenants and restrictions which are for the purpose of
protecting the value and desirability of, and which shall run with
the real property and be binding on all parties having any right,
title or interest in the described property or any part thereof,
their heirs, successors, personal representatives and assigns, and
shall inure to the benefit of each owner thereof;
1. LAND BUILDING TYPE
No lot shall be used except for residential purposes. No building
shall be erected, placed or permitted to remain on any lot other
than one single family dwelling, not to exceed two and one-half
stories in height; one accessory building, not to exceed 150
square feet in area. The accessory building shall be constructed
of the same exterior materials and style of the main structure.
The exterior colors of the main structure and the accessory
building shall be identical. No earth homes, log homes, dome
homes, foam homes or other uncommon type of houses will be
allowed. No garish colors will be allowed and approval from the
Architectural Control Committee must be obtained.
2. ARCHITECTURAL CONTROL
No building, fence or wall shall be erected, placed or altered on
any lot until the plans and specifications and a plan showing the
location of the structure, fence or wall, have been approved by
the Architectural Control Committee as to the quality of
workmanship and materials, harmony of external design and colors
with existing structures, and as to location with respect to
topography and finish grade elevation.
3. DWELLING SIZE
A one story dwelling with basement shall have a minimum floor area
of 1800 square feet above grade finished. A one story dwelling
without a basement shall have a minimum floor area of 2000 square
feet above grade finished. A two story or two and one-half story
dwelling shall have a minimum total floor area of 2200 square feet
above grade finished. A split -foyer dwelling shall have a minimum
floor area of 1800 square feet finished on the main floor. The
above minimum square footage is computed on the main structure,
exclusive of porches and garages.
4. BUILDING LOCATION
No building shall be located nearer than 100 feet to the front lot
line, nor nearer than 80 feet to any side street line, nor nearer
than 50 feet to any interior lot line, nor nearer than 100 feet to
any rear lot line. For the purpose of this covenant, eaves, decks
and steps shall not be considered as part of a building, provided,
however, that this shall not be construed to permit any portion of
eaves, decks or steps on a lot to encroach upon another lot.
5. EASEMENTS
Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat.
Within these easements, no structures, planting or other materials
shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities, or
which may change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of water
through drainage channels in the easements. In addition, no
structures of any type shall be erected or installed in or on the
drainage easement areas except as may be specifically approved by
the City of Lake Elmo. Prohibited structures shall include, with
limitation, fences, boat docks, animal shelters, tree housed,
storage sheds, observation platforms, and the like. The objective
is to maintain the drainage areas in a natural state to the extent
feasible and practical. Use of said drainage areas shall be as
authorized and regulated by the City of Lake Elmo; this shall
include water level controls, recreational use, and preservation
and protection of shore land. The easement area of each lot and
all improvements in it shall be maintained continuously by the
owner of the lot, except for these improvements for which a public
authority or utility company is responsible.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any lot
nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. No motor bikes or
cycles, snowmobiles or noisy vehicles shall be operated on said
lots other than to bring them to the point of storage.
7. TEMPORARY STRUCTURES
No structures of a temporary character, trailer, basement, motor
homes, tents, shack, barn or other building shall be used on any
lot at any time as a residence either temporarily or permanently
8. SIGNS
No sign of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one square foot,
and one sign of not more than four square feet advertising
property for sale or rent, provided, however, that a reasonable
number of signs of not more than 32 square feet each may be used
by a builder or the DECLARANTS to advertise the property during
the construction and sales periods thereof.
9. LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised,
bred or kept on any lots, except that dogs, cats or other domestic
household pets may be kept, provided they are not kept, bred or
maintained for any commercial purposes.
10. GARBAGE AND REFUSE DISPOSAL
No part of the individual lots or boulevards shall be used at any
time for the storage or abandonment of junked automobiles or other
motor equipment. No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage or other waste. Garbage,
rubbish and trash shall not be kept on said premises except in
sanitary containers. All incinerators or other equipment used or
kept for the storage or disposal of such material shall be kept in
a clean and sanitary condition.
11. SOIL CONTROL
Except as approved by the Architectural Control Committee, no sod,
soil or gravel shall be sold or removed from the premises in this
subdivision and all soil or gravel available from any excavation
for the construction or alteration of a residence or any
appurtenance on any lot and by whomsoever owned shall be hauled
and disposed of at the discretion of the Architectural Control
Committee.
12. TREES
No live trees shall be removed, damaged or altered in appearance
except as may reasonably be necessary for initial construction of
single family homes, attached garages and initial establishment of
private yard areas by the original developer. Nothing in this
provision, however, shall prevent careful removal of dead or
diseased trees or limbs.
-13. NATURE OF CONSTRUCTION
All construction must be new and no used building of any kind
shall be moved to, or placed on any of the premises.
14. ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee shall be appointed by
Pacesetter Property Management, Inc. The committee may designate
a representative to act for it. In the event of the death or
resignation of any member of the Committee, the remaining members
shall have full authority to designate a successor. Neither the
members of the Committee nor its designated representative shall
be entitled to any compensation for services performed pursuant to
this Covenant. At any time, the record owners of a majority of
the lots in said subdivision shall have the power, through a duly
recorded instrument, to change membership of the Committee or
restore to it any of its powers and duties. The Committee's
approval or disapproval as required in these Covenants shall be in
writing, and, in the event the Committee or its designated
representative fails to approve or disapprove within 30 days after
contracts, plans and specifications have been submitted to it, or
in any event, if no suit to enjoin the construction has been
commenced prior to the completion thereof, approval will not be
required and the related covenants shall be deemed to have been
fully complied with.
15. TERM
These restrictions and covenants are to run with the land and
shall be binding upon all parties and all persons claiming under
them for a period of thirty years from the date these covenants
are recorded, after which time said restrictions and covenants
shall be automatically extended for successive periods of ten
years unless an instrument signed by a majority of the then owners
of the lots has been recorded agreeing to change said covenants in
whole or in part.
16. REVISIONS AND MODIFICATIONS
Any of the protective covenants and restrictions herein contained
may be revised or modified by the affirmative vote of a two-thirds
majority of all the owners of said lots at a special meeting
called for that purpose held at a reasonably convenient time and
place no less than ten days after written notice of such meeting
and its purpose is delivered to said owners or mailed to said
owners at their last known address. The notice of said special
meeting required herein shall contain a written statement of the
protective covenants or restrictions proposed for revision or
modification and the proposed revisions or modifications thereof.
Each owner shall have one vote for each lot owned by him. When
more than one person holds an interest in any lot, the vote for
such lot shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to
any lot. In lieu of casting a vote at such meeting, any owner of
any of said lots may indicate his approval of any such proposed
revision or modification by submitting written approval thereof to
the person or persons proposing the revisions or modifications or
their representative prior to said meeting.
17. ENFORCEMENT
If there shall be a violation or attempt to violate any of these
covenants or restrictions, any person or persons owning real
estate situated in this subdivision may prosecute any proceedings
at law or in equity against the person or persons violating or
attempting to violate any such covenant or restriction, and either
prevent him or them from so doing or to recover damages for such
violation.
18. DEFINITIONS
"Owner" as used in this declaration shall mean and refer to the
record owner, whether one or more persons or entities of any of
said lots but notwithstanding any applicable theory or mortgage,
shall not mean or refer to the mortgagee unless and until such
mortgagee shall acquire title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
19. SEVERABILITY
Invalidation of any of these covenants or restrictions by judgment
or court order shall in nowise affect any of the other provisions
which shall remain in full force.
IN TESTIMONY WHEREOF Pacesetter Property Management, Inc. and Carl
Brogren and Sandra Brogren, have caused these presents to be -
executed this day of , 1991.
Pacesetter Property Management, Inc.
By:
By:
By:
Mark A. Schweitzer, Its CEO
Carl Brogren
Sandra Brogren
STATE OF MINNESOTA I
COUNTY OF WASHINGTON 1
The foregoing instrument was acknowledged before me this day
of , 1991, by Mark A. Schweitzer, CEO of Pacesetter
Property Management, Inc., a Minnesota Corporation, on behalf of
the corporation, and by Carl Brogren and Sandra Brogren.
Notary Public County, Minnesota
THIS INSTRUMENT DRAFTED BY:
Pacesetter Property Management, Inc.
5926 Bass Lake Road
Crystal, MN. 55429
PHONE: 537-0235
1 1;
TKDA
ENGINEERS ARCHITECTS PLANNERS
March 20, 1991
Planning Commission Members
3800 Laverne Avenue
Lake Elmo, Minnesota
Re: Pteliminary Plat Review
Foxfu'e Manor
Lake Elmo, Minnesota
Conunission No. 9150-001
TOLTZ, KING, DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101-1093
012/292-4400
FAX 012/292-0003
Dear Commission Members:
Submitted to the Engineer were plans dated March 6, 1991. The following are our comments:
Soils
The developer has tested Lots 1 and 2, Block 1; and Lots 1, 2 and 3 of Block 2, for septic system
drainfields. All these lots have the required 20,000 square feet suitable for drainfield purposes.
Drainage
Drainage computations have been submitted and are in conformance with the City Code.
Site Flan
A site plan has been submitted. A ponding easement on Lot 3, Block 2, will be needed when the
final plat is submitted.
Street Design
The street design meets our standards.
Planning Commission
Lake Elmo, Minnesota
March 20, 1991
Page Two
Conclusion
We recommend approval of this preliminary plat.
Sincerely yours,
Thomas D. Prew, P.E.
TDP:j
cc: McCombs, Frank, Roos Associates
Pacesetter Properties
fl P-22-'91 FRI 10:07 ID:JRNES R HILL INC
TEL NO:612 890-6244 #155 PO2
\\y JAMES R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
2500 WEST COUNTY Run 42, SUITE 120, BURNSVILLE, MINNESOu 55337 (612) 890.6044 FAX 890-6244
pLANNTNC; RFPCRT
TO: Lake Elmo Planning Cpmmission and
City Adminis ra or, Mary Kueffner
FROM: Mike Black
DATE; March 21, 1991
RE; Rezoning and Preliminary Plat
FOX FIRE MANOR
Mr. Larry Liles on behalf of Pacesetter Property Management, Inc. has
requested the rezoning and preliminary plat approval of 40.0 acres
located in the northwest quarter of Section 3. A location map is
attached. The owner of the property is Carl E. Brogram, 9376 55th
Street, Lake Elmo. The applicants are requesting to rezone the land
co RE - Residential Estate and to subdivide the property into 12 single
family lots.
This report and recommendation is based upon the following exhibits
prepared by McCombs Frank Roos Associates, Inc. and submitted by the
applicant:
1. Soil Test, dated 2-27-91.
2. Declaration of Protective Covenants and Restrictions.
3. Drainage Study and Calculations by McCombs Frank Roos
Associates, Inc., dated 3-8-91.
4. Drainage Area Map, revision date 3-6-91.
5. Boundary Survey, dated 4-30-90.
6. Preliminary Plat, revision date 3-6-91.
7. Preliminary Grading and Drainage Plan, revision date 3-6-91.
8. Preliminary Landscape and Waste Water Disposal Plan, dated
3-6-91.
9. Sail Map, revision date 3-6-91.
MRR-22-'91 FPI 10:03 ID:JRMES R HILL INC TEL NO:612 890-62.14
t155 PO_
Lake Elmo Planning Commission
March 21, 1991
Page 2
REZONIJ'IG
The applicant tag requacted-a-xacuning of the 40 acres to RE -Residential
Estate. The subject property is currently zoned R-R Rural Residential.
The property is designated as RED Residential Estate Density on the
City's Future Land Use Map.. The proposed rezoning to Residential Estate
would be in compliance with the City's Comprehensive Plan.
PRELIMINARY PLAT
The subject property consists o£ rolling terrain with a topographical
difference of approximately 80 feet across the land. The high elevation
in the northwest of the site is 1036 and the low elevation is 952 in the
south end of the site. The property is within the Valley Branch
Watershed District and a permit from that agency will be required.
The soils map for the property does show areas with moderate to severe
limitations for on -site sewer systems. The lots in question - Lots 1
and 2, Block 1 and Lots 1, 2, and 3, Block 2 - have been tested for
percolation rates. On all lots a primary and secondary drainfield area
of 20,000 square feet has been designated.
The proposed 12 single family lots on the 40 gross acres does meet the
density standards of the RE zone. The lots also meet the other
performance standards of the RE zone.
The subdivision plan calls for the extension of 55th Street North
approximately 1800 feet north. The developer will be responsible for
constructing the street between his property and the existing cul-de-
sac. All final construction plans will be subject to approval by the
City's Engineer. The proposed street section shown on Sheet 3 is
consistent with City Policy.
PLANNING RECj?MMFNDATION
I recommend that the Planning Commission pass a motion recommending to
the City Council approval of the rezoning from R-R Rural Residential to
RE Residential Estates for the following reasons:
1. The proposed rezoning does comply with the RED land use
designation in the Comprehensive Plan.
2. The existing zoning of R-R would not permit the density and
policies of the RED land use described in the Comprehensive Plan.
3. The RE zone and the development of the land in accordance with all
RE standards will provide land use compatibility with adjacent
properties.
MAP- :2-' 91 FRI 10:08 ID: JPMES R HILL INC
TEL NO:612 890-G244 4155 PO4
Lake Elmo Planning Commission
March 21, 1991
Page 3
I also recommend that the Planning Commission pass a motion recommending
to the City Council approval of the preliminary plat of Fox Fire Manor
(with revision date 3-6-91) subject to:
F
1.• All final grading, drainage and street plans shall be approved by
the City Engineer prior to the commencement of site grading.
2. A permit shall be obtained from the Valley Branch Watershed
district prior to site grading.
3. A revised landscaping plan shall be submitted which specifically
denotes the size, type and approximate location of trees to be
planted.
4. Prior to the construction of a home on any lot, the proposed
drainfie1d area shall bo roped off to N,.ulalblL the driving of
vehicles over the area.
5. The applicant shall be required to satisfy the Park Dedication
requirement according to the City Ordinance.
POP-22—'91 FPI 10:09 ID:JANES P HILL INC
TEL 110:613 390-5244 #155 P05
22.50
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REQUEST FOR PLANNING COMMISSION REVIEW
Meeting Date:
{
AGENDA TOPIC: 1989 Audit Report.
March 25, 1991
ITEM
NO. 6.
The Planning Commission asked to have the 1989 Management Report from
the Auditor put on the Agenda for discussion. Most of the commission
members have a copy of the report (handed out to them by Commissioner
Bucheck at the February 25th meeting). If you do not have a copy of
the report, contact the City Office for a copy, otherwise copies will
be available at the meeting.
City of Oakdale. N1in nesota
1 '<4 I-iudIc' \ enuc North 5512ti
1:/7?9-5t) h
FAX 7 0--17;
March 7, 1991
In order to better inform local residents and/or property owners
of requests for temporary or permanent property usage changes,
the Oakdale City Council desires that residents within the
immediate area to be affected be notified that such a change is
being requested and considered.
YOU ARE INVITED TO ATTEND a Planning Commission Public Hearing at
7:00 p.m., THURSDAY, MARCH 28, 1991, at the Oakdale Municipal
Building in the City of Oakdale, 1584 Hadley Avenue North, to
review and make recommendation on an Annexation Area Plan for
Sections 32 and 33 or the property located in the northeast
quadrant of I-694/494 and I-94. This hearing will include an
Inventory and Issues, Development Framework, and Implementation
process for the 800 acre area.
*****************************************************************
Planning Commission Meeting: Thursday, March 28, 1991 at
7:00 p.m. in the City Council Chambers
*****************************************************************
If you are unable to attend this meeting, please send written
comments, if you so desire, to:
ATTN: Brent Brommer, Community Development Director
OAKDALE PLANNING COMMISSION
1584 Hadley Avenue North
Oakdale, MN 55128
We welcome your participation.
OAKDALE PLANNING COMMISSION AND OAKDALE CITY COUNCIL
tal/BB:LTR.ANN