HomeMy WebLinkAbout09-14-98 PZMCITY OF
LAKE
ELMO
City of Lake Elmo
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
MEETING NOTICE
The Lake Elmo Planning Commission will meet Monday, September 14, 1998 at 7:00 p.m. in the
Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota.
AGENDA
1. Agenda
2. Minutes August 24, 1998
3. PUBLIC HEARING
Oakdale Gun Club
Northeast Quadrant of 10th Street and Keats Avenue
Amended Conditional Use Permit
(Note: OP Memo for your information)
4. PUBLIC HEARING
Zoning Ordinance Amendments — PUBLIC FACILITIES
5. Zoning Ordinance Amendments — ACCESSORY STRUCTURES
6. Zoning Ordinance — FENCE
7. OTHER
8. Adjourn
irs
printed on recycled paper
Approved
City of Lake Elmo
Planning Commission
Meeting Minutes
Monday, September 14, 1998
Chairman Armstrong called the meeting to order at 7 p.m. in the Council Chambers of City Hall, 3800
Laverne Avenue North, Lake Elmo, Minnesota. Present: Commissioners Berg, Carlson, Helwig, Herber,
Mandel and Sessing. Absent: Commissioners Brass and Graczyk and Councilmember Johnston. Also
present, City Planner Dillerud.
1. AGENDA
7.a Chairman Armstrong; add discussion — OP.
M/S/P Helwig/Sessing — to approve the agenda, as amended.
(Motion Passed 7-0).
2. MINUTES
M/S/P Sessing/Berg — to accept the minutes from the August 24, 1998 meeting, as presented.
(Motion Passed 7-0).
3. PUBLIC HEARING — Oakdale Gun Club
Northeast Quadrant of 10th Street and Keats Avenue
Amendment to CUP
City Planner Dillerud reviewed the history of the Oakdale Gun Club which extends back to 1965 and
most likely further. He said it appears that the most current CUP was issued by the City in 1988 and has
been annually renewed. He said the demolition of the existing barn structure was nearly completed. He
said the Gun Club proposed the construction of a replacement storage structure of 2,800 square feet and
noted the location; demolition of the caretaker's residence and replacing that with a new residence of
1.175 square fee with an additional 3-car garage of 832 square feet; relocation of the main access road to
the site approximately 600 feet to the west of the existing entrance. Said staff recommends approval of
the CUP amendment as proposed, based on the opinion of the City Attorney, they also recommend that
the approval action be conditioned on the amendment of the Comprehensive Plan to reclassify the west 40
acres of the Gun Club site from OP to AG, as it was classified prior to the "OP Amendment" to the
Comprehensive Plan.
Chairman Armstrong opened and closed the comment portion of the PH at 7:15 p.m., NO
COMMENTS.
Chairman Armstrong and Commissioner Berg stated they are not opposed to the proposed amendment
and support the issue, in terms of the intention of the OP reclassification. Commissioner Helwig said he
had heard off -hour shooting. The applicant said there were plans to install an electronic gate and that
should help remedy any unlawful activity.
M/S/P Mandel/Carlson — to recommend approval of Resolution No. , granting a Conditional
Use Permit Amendment to the Oakdale Gun Club to allow construction of a caretaker residence
and storage building based on the following findings:
1. The proposed CUP Amendment will not result in additional impact on the public
health, safety, morals or general welfare of surrounding property. The operation of the
Gun Club will not be altered from that which presently is experienced as the result of
this amendment.
City Of Lake Elmo Planning Commission Meeting Minutes September 14, 1998 1
2. The anticipated traffic conditions related to the use of this site may actually improve as
the result of this amendment by substantially increased setback of the residence, and the
enhanced traffic stacking area from 10th Street.
3. Effect on public utilities and school capacity is not applicable.
4. There may be improved visual impact and adjoining property values resulting from
removal of the barn and existing residence.
5. While the existing land use (target range) appears to be inconsistent with the
Comprehensive Plan since 1996, the single family residence and storage building
replacement proposed by this application as an amendment to the existing Conditional
Use Permit would not be.
And, including the following conditions:
1. Compliance with all terms and conditions of City Council Resolution No. 88-5,
Approving a Conditional Use Permit for an outdoor target range to Oakdale Gun Club.
2. Demolition of the existing residence.
3. Amendment of the Land Use Element of the Comprehensive Plan to reclassify the west
40 acres of the Oakdale Gun Club property from OP (Open Space Preservation) to AG
(Agricultural). The reguiding of the land should be in the context of the overall
Comprehensive Plan Amendment.
(Motion Passed 7-0).
4. PUBLIC HEARING — PUBLIC FACILITIES
Zoning Ordinance Amendments
City Planner Dillerud reviewed the process in creating standards, to date. He presented two overhead
views of Public Facility guided locations in the City, existing and future. Advised the Commission to
keep citywide impact in mind when making recommendations. He asked them to measure the entire City,
not one specific site.
Chairman Armstrong noted, for the record, letters to the Planning Commission; 1) Joan and Steve
Ziertman; 2) Lakewood Evangelical Free Church. (attached)
Chairman Armstrong opened the comment portion of the Public Hearing at 7:43 p.m.
Bryan Latchaw Pastor-Parkview Community Church
10240 Stillwater Blvd.
Asked what are the Citywide considerations and if Pastors can be involved in the decision making
process.
Dan Dennison - Pastor -River Valley Christian Church
5900 Lake Elmo Ave.
Has concerns regarding Subd.2. b.4, 5, 6. and Subd.6. a. vii. of the proposed ordinance.
Reminded the Planning Commission that when a daycare business in Lake Elmo had a fire which
destroyed their facility, it was a Lake Elmo Church that offered their facility until the daycare business
was rebuilt.
Charles Palmer - Lakewood Evangelical Church
660 Edith Avenue
Mahtomedi, MN 55115
Read a prepared statement. (Attached)
Jerry Schwartz
82 Cimarron
City Of Lake Elmo Planning Commission Meeting Minutes September 14, 1998 2
He asked the Planning Commission to take a closer look at this ordinance. Said he felt that churches and
the programs they offer are an investment in the youth of the future.
Jeffrey Roos — MFRA
Representing Apostolic Bible Church
15050 N. 23rd Ave.
Plymouth, MN
He said his church had discussed building and currently the church is a permitted use on the property,
but this ordinance reflects a substantial change. He discussed the buffering areas, and presented
drawings of several d fferent scenarios showing where a facility would be situated and how the 200 ft.
setback would negatively affect a church's ability to grow. He said there is a willingness to co-operate
with the City in future planning regarding PF. He also presented a letter dated September 14, 1998
(attached).
Jim Bonhom
8549 Cherrywood Trail
He said he has been a resident and coached youth for many years. He said going to a high school or
another public facility is not always an option, and sees athletic fields and such at a local church as a
place that could be free of drugs, and drinking, etc. He said the youth of the community need a safe
place.
Jim Arkell
8131 Hidden Bay Trail
He said when he read the proposed ordinance that he felt its purpose was to create a "country church"
on a small bit of land. He said this is not the case anymore, needs have changed and the community
cannot be served by less than a multifunctional church. He asked that this issue be sent back to
committee.
Penny Demko — Resident and Local Business Owner; Lake Elmo Floral
3929 Innsdale Avenue
She said as a business owner and parent of children in the community, she donates time and money to
community programs such as the "scouts" and other events. Said these programs are typically connected
with a local church. Said she goes to a church outside Lake Elmo because Lake Elmo does not have a
church that meets her needs, regarding daycare and sports center, etc. Feels this ordinance is too
restrictive regarding churches.
Joe Kvaase
4605 Olson Lake Trail
Thinks this ordinance is an extreme reaction and hates to see government controlling what a church can
and cannot do. She said this is not the horse and buggy days and with the moral decay lately, we need to
offer more church facilities. She said she sees the church as the backbone of our culture and wants this
sent back to committee.
Dr. Jerry Rouse — Sr. Pastor Lakewood Evangelical
5111 Hilltop
Said he feels this ordinance is unfriendly to churches. He said he feels it crosses a fine line between
church and state issues and it goes to far to restrict how a church can serve the general public. He said
public schools, which are an allowed use, can provide athletic facilities but a church cannot, according to
this ordinance.
Ken Larson
8200 Hidden Bay Trail
He asked the commission to reconsider and feels the y should encourage churches into the community.
Said he felt this ordinance was too harsh and restrictive to churches. He said that many hospitals,
City Of Lake Elmo Planning Commission Meeting Minutes September 14, 1998 3
educational and other public service institutions are the direct result of churches. He asked that this
issue be tabled.
Larry Feldhahn
7898 DeMontreville Trail N.
He thanked the Planning Commission and Chuck Dillerud for their hard work on this ordinance. He said
he was cautious about the seminary reference and also that the 50% maximum impervious surface figure
may be out of line. He said he wanted the commission to consider 1st Amendment rights by churches.
Chairman Armstrong closed the comment portion of the PH at 8:45 p.m.
Chairman Armstrong said that usually, the planning commission had an "empty room" at meetings and
urged the public to participate in the process. Encouraged the audience to keep up with their input to City
staff.
City Planner Dillerud said he had kept track of specific questions from the public and would be happy to
address them. He said in his experience it is better to start off with "more ordinance" rather than too
little. He pointed out that over and over again the desire of the community has been to remain "rural" in
appearance and character. He said there has to be a way to blend the contemporary church setting with
the rural desires of the community. He said to look at churches in the community now, and they represent
what the City has in mind. He asked the planning commissioners to tell him what they want, and he will
draft it. Regarding specific issues raised in the testimony heard: Outside athletic fields; Goal prohibiting
them - intent was to try to make this a Sunday religious organization. Education; Religious education, a
day school would be a business operation and impact a neighborhood. Daycare Centers; Common in
churches but again, day to day operation. Services to the General Public; same as the others, impact of
ministries and seminaries will have an effect on residential neighborhoods. Broadcasting; intent was to
preclude the "antennae farm"that would go along with a major broadcast. This would not preclude
videotaping and rebroadcast. Siding; Intent is that additions exterior be consistent with the existing
building. Lot size/structure 15 acre maximum; Lake Elmo may not be in a position culturally to deal
with a "mega -church". He agreed that 50% impervious surface was too high. Non -conforming uses for
all existing churches; yes, they would be. The intent is not to be unfriendly to churches, the impact
potential is apparent. Agrees that churches are the fabric of any community.
Chairman Armstrong encouraged all the representatives from the local churches put into writing and
direct to the City Planner, the current uses and goals and what they may feel will be restricted by the
ordinance as it is proposed.
M/S/P Carlson/Armstrong — to table the PF ordinance discussion until its September 28, 1998
meeting and notice be sent to the local church officials in order for them to have an opportunity to
provide input.
(Motion Passed 7-0).
Commissioner Carlson left the meeting at 9:20 p.m.
TEN MINUTE BREAK
5. Zoning Ordinance Amendments: Accessory Structures
City Planner Dillerud reviewed the changes made to the Accessory Structures
M/S/F Helwig/Berg — to change the size of accessory structures in the residential zoning district of
over 2 acres to 1500 square feet.
(Motion Failed 2-4-0).
City Of Lake Elmo Planning Commission Meeting Minutes September 14, 1998 4
M/S/P Armstrong/Mandel to direct staff to call a Public Hearing for the October 14, 1998 Planning
Commission Meeting.
(Motion Passed 6-0).
6. Fence Ordinance
City Planner Dillerud said the main issue facing the commission at this time is the snow fence portion of
the fence section of the code. He said it was not necessary to have a Public Hearing on this issue.
Chairman Armstrong said the main concern with snow fencing is neighbor impact. Discussion continued.
City Planner Dillerud will bring draft amendments to the next meeting.
7. Other: OP Ordinance
The Commissioners discussed the OP Ordinance fundamentals.
M/S/P Armstrong/Sessing — to: 1) Repeal the OP Future Land Use map back to pre-1996 status;
2) Re-establish the OP in the Comprehensive Plan as an overlay district; 3) Give special concern
to avoid RED development patterns.
(Motion Passed 4-2). Opposed: Berg, Helwig.
Chairman Armstrong adjourned the meeting at 10:05 p.m.
Respectfully submitted, Cynthia Young -Recording Secretary
City Of Lake Elmo Planning Commission Meeting Minutes September 14, 1998 5
To: The Lake Elmo Planning Commission members
From: Joan and Steve Ziertman
5761 Keats Ave
Date: September 14, 1998
RE: Proposed changes to the Public Facilities Ordinance
We would like to take this opportunity to express our views
regarding the proposed changes to the public facilities
ordinance. We would like to express our opposition to item #6
under Churches and places of Worship. We feel that this item is
very restrictive and prohibits things that would be greatly
beneficial to the community.
Being one of many young families in the community, we feel that
a day care in a Church or place of Worship would be a great asset
to the community. Many parents of young children would like the
security of knowing that their children are in a safe place. We
don't understand why you would want to prohibit services to the
general public. Churches and places of Worship can offer many
good services to the residents of Lake Elmo. Examples of this
would be support groups, Boy Scouts, Girl Scouts, Etc. We are
confused by the fact that in item #6 schools are prohibited by
the church, but back in item #H a private school is an allowable
use. Private schools normally are affiliated with a Church or
place or Worship.
Joan, having grown up less than two blocks from a very large
Church with a grade school, can attest to the fact that Churches
and places of Worship can greatly enhance a community if given
the opportunity. The facilities there are utilized not only by
members of the Church and School, but also by the other members
of the community.
We feel that by placing so many restrictions on the Churches
and places of Worship in Lake Elmo, you are robbing the community
of some valuable resources. Please reconsider some of these
items and think about the positive impact that they could have on
the community as a whole. Thank you for your time and
consideration.
Sincerely,
Steve
Ziertman
Joan Ziertman
CC: City Council Members
—m 1nri
Lakewood Evangelical Free Church
2600 East County Road E • White Bear Lake, Minnesota 55110 • (612) 770-3172
September 11, 1998
Tom Armstrong
Chairman, Planning & Zoning Commission
City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, MN 55042
Dear Mr. Armstrong,
It is with grave concern and disappointment that we read the proposed zoning
requirements for PF facilities in the city of Lake Elmo. From the standpoint of a church,
some of these requirements seem overtly restrictive and decidedly unfriendly.
For instance, the requirement that the lot size maximum be 15 acres, with an impervious
surface coverage maximum of 50% not only restricts the scope of a church's ministry,
but it requires a church to consolidate buildings and parking lots into a small area rather
than a campus like setting. This lot size maximum seems arbitrary and unnecessarily
restrictive.
Our reading of the proposed ordinance would seem to eliminate the possibility that a
church could provide day-care in its facility. With the documented shortage of day care
facilities in the metro area, this requirement seems to be very anti -family. We believe
adequate childcare adds to the desirability of a community and provides for legitimate
needs where two parents work or where single parents must work. This provision is, in
our view, an unnecessary restriction, which may negatively impact the children and
working parents in the city of Lake Elmo.
The proposed requirement stating "no exterior athletic fields or interior athletic facilities
shall be permitted" deprives church congregations of important ministry opportunities
for young people. How many schools, which also serve young people, would not have a
gym or athletic fields? We find it hard to believe that the city would consciously seek to
restrict a church's ability to serve the young people in it's community.
Our congregation has been seeking to work cooperatively with the city of Lake Elmo to
resolve issues related to property we own in order to provide eventual rezoning for PF.
Several of our members asked to provide input in this process to ensure that the needs
of churches were met. Despite these specific requests to provide input, we were not
Our Mission — To Make Disciples of Jesus Christ
Several of our members asked to provide input in this process to ensure that the needs
of churches were met. Despite these specific requests to provide input, we Were not
given this opportunity. We believe that many of the PF zoning requirements as
proposed, are arbitrary, unfriendly to churches and need to be revisited and adamantly
request that the city reconsider the specific needs of congregations before adopting a PF
zoning ordinance.
We write this letter as a land holder in the city of Lake Elmo who is deeply dismayed
and surprised at the proposed ordinance and the provisions outlined above which are
anti -family, unfriendly to churches, deprive young people of athletic facilities and
overly restrictive to organizations whose primary mission is to provide valuable
facilities to the public.
Therefore, we ask you, and the planning commission, to send the proposed ordinance
back to the committee and to seek significant input from churches in the community
before adopting a PF ordinance.
Sincerely,
.414-0
Timothy J. Addington
Chairman, Lakewood Evangelical Free Church
Cc: \Wyn John, Mayor, City of Lake Elmo
City Planner
City Administrator
Planning & Zoning Committee Members
City Council Members
Public Facilities Ordinance Public Hearing
Lake Elmo City Hall
September 14, 1998
Thank you, Mr. Chairman, and members of the Planning and Zoning
Commission for allowing me to speak tonight.
My name is Charles Palmer and I am here to speak to you about the
proposed Public Facilities Ordinance on behalf of Lakewood Church,
which, as you probably know, owns a piece of land at the Southeast
corner of Highway 36 and Keats Avenue.
The Leadership, Pastoral staff and people of Lakewood Church are a
reasonable group of, people who simply wish to build a Church on the
land we own in Lake Elmo. I think it is important to note, without
reviewing all of the detail of the last two years, that you approved a
re -zoning request which we placed before you several years ago, and
for that we thank you. Shortly after that time the City Council, upon
the advice of the City Attorney, made a decision to reject a change in
the Comprehensive Land Use Plan which, in essence, forced us to
withdraw our request for re -zoning at that time.
The reason this ordinance is so important to us is because we have
been told repeatedly that the City of Lake Elmo currently has a poor
Public Facilities Ordinance. Directly and indirectly we have been told
that no one is against building a church in Lake Elmo, it's just that a
new Public Facilities Ordinance must be in place to appropriately
regulate what we would do with the land when it is re -zoned.
Although we did not like the answer we received, we accepted it and
began to seek ways to work with the City to have input to a new
Public Facilities Ordinance. I heard many times, in meetings held by
the City Council, that they needed a Public Facilities Ordinance,
which would work for all Public Facilities, including Churches. The
new Ordinance the City Council seeks would provide direction and
some clear cut answers and regulations as to what can and cannot
be done in a Public Facilities zoned area under a conditional use
permit.
This is why I was surprised and extremely disappointed by the Final
Draft of the new Public Facilities Ordinance for which this Public
Hearing is being held tonight. Several months ago I appeared before
this Commission and offered to work with you, as a concerned
individual, to explore regulations and provide feedback as you
developed a new Public Facilities ordinance. I suggested that
information we, and others in the community, could provide would
help shape an ordinance that was good for the entire community. I
have learned in 25 years of business that working with a group of
concerned individuals, up front, is generally the most effective way to
come up with an excellent result. I believe that working with an "ad
hoc" citizens group, including representatives of your local Churches,
is the way that drafts of new ordinances should be developed in a
community. Involving people up front, especially when they
specifically ask to be involved, can in the long run save a lot of time
and reduce the negative feedback such as you are hearing tonight.
To the best of our knowledge, this draft was made final without any
input from those it most affects and we believe this is most
unfortunate.
Now to the specifics of the proposed final draft of a Public Facilities
ordinance:
Subd. 2. (b) 1 limits Churches and Places of Worship (I'II refer to
them as Churches as I respond to points in the draft) to a location
which has direct access to a public street classified by the
Comprehensive Plan as Major Collector or Arterial. This "one size fits
all approach" is overly restrictive to Churches and some other public
facilities. We understand the need to have appropriate capacity to
handle the traffic of certain public facilities, but others, and a small
Church could be one of these, may not need, and should not be
restricted to, being on a Major Collector or Arterial road. We suggest
a change to this section, and many of the other sections such as
cemeteries or parks, which would provide a graduated scale which
regulates the type of road a PF is located on based on the anticipated
traffic generation, i.e. the required capacity. This is reasonable,
logical and fair. It is also easy to use since each PF has to identify its
intended use and traffic impact when the conditional use permit is
requested.
Subd. 2. (b) 4 prohibiting exterior athletic fields or interior athletic
facilities is a totally unnecessary provision. We are puzzled as to why
it is even in the ordinance related to Churches. Any Church built
today wants to serve its youth and provide recreational opportunities
to its congregation. Virtually every Church in our country either has
indoor and/or outdoor recreational facilities, is planning to add them,
or wishes they could add them, but are restricted by finances or lack
of building space. In my community there are very few public
facilities offering recreational facilities. As a taxpayer it hit my
pocketbook when the City had to build several ball fields and a soccer
field at a huge cost. Churches offer these facilities not only to their
own congregation, but also to, in general, the youth of the community.
I ask you to consider why you would want a PF Ordinance to prohibit
free recreational facilities for the people of the Lake Elmo
community? We ask that this provision be removed from the
Ordinance because, at best, it serves no purpose for the public good,
and at worst, is unfriendly to the youth of the community.
Subd. 2. (b) 5. We object to, and request the removal from this
ordinance of the restrictions on broadcast of religious services or
other telecasts by Churches. We believe this overly restricts our
freedom to use this medium to minister to the people of the
community at large. This provision is unnecessary, and although we
have not sought specific legal counsel, probably illegal in the manner
in which it specifically and only prohibits this of Churches, and is so
broad in its application as to prohibit any broadcast or telecast except
if we use the local cable system.
Subd. 2. (b) 6. When I first read this prohibition on Church schools,
day care and other Church offices I thought that it was a
typographical error. When I finished reading the whole ordinance
was even more confused because Subd. 2. (h) provides for Public
and Private Schools. Why are you specifically excluding Church
schools in one provision of the ordinance, and allowing private
schools in another? A Church school is a private religious school,
this leads me to ask you if a Church can have a school under the
draft ordinance? Even more importantly to Churches is why, in the
first place, you would exclude a private Church school in your
community and allow any other private school.
The ordinance also excludes many other Church facilities which we
think is unnecessary, but the one that causes us the most concern is
the total prohibition of day care, not just in Churches, but in Public
Facilities in general. The media recently announced that there is a
shortage in the Metro area of day care for over 4,000 children in
Washington, Ramsey, Anoka, Dakota and Hennepin counties.
recently heard that some parents in our community are grumbling
because a large Church only a few miles from here has closed their
day care enrollment because they are full and they have no place to
take their kids. Surely you have working parents in Lake Elmo who
would benefit from a reasonably priced, safe and healthy day care
center which could be provided by a Church or another Public Facility
like a YMCA, or Community center. Please do the working families of
your community a favor and remove the day care prohibitions from
this ordinance.
don't know what to say about the statement in the Church section of
the draft ordinance which states "services to the general public is
prohibited". Churches exist for the benefits of both its members and
non -members —the general public. In our Church Vision statement
we have a provision on Community Impact. It reads:
"We envision a congregation that serves our community
through personal involvement and the sharing of resources and
facilities. We desire to meet community needs as we are able."
Other Churches, I am sure, have similar visions that are, in my literal
reading, prohibited by this ordinance. Currently the Senior Citizens
meet in our facility twice a week. The YMCA T-Ball groups have
used the ball fields. The Clown Club meets in our fireside room. This
ordinance, in my view, could be interpreted as a prohibition of these
kinds of "general services to the public" and could mean that
Churches would not be able to offer these valuable services to the
Lake Elmo Community!! Clarification of this statement is needed or it
should be removed from the ordinance!!
Finally, I would like to address the restriction on lot size. Again, you
have attempted a "one size fits all" solution. Each type of Public
Facility has different needs and requirements. Even among
Churches one Church may be very happy with a local ministry that is
well served by only a few acres while another Church has a more
4
regional view and desire a campus setting requiring 40 or more
acres. In fact, most Churches today cannot afford to put up their
entire facility at one time and use a phased approach. They begin
with a fellowship hall which is also used for Worship, and maybe a
modest gym and Christian education wing, hoping they have enough
money left to pave a small parking lot. They'll later expand the gym
into a youth center and add some more Christian education space,
outdoor ball fields, and maybe a little more parking. As growth occurs
they may finally, after many years, get to the Worship center they
really need and desire. This is almost always done in a campus
approach, which requires a lot of space. Space is also very desirable
to keep the noise and lighting issues to a minimum. We believe that
another approach needs to be developed in the wording of the
ordinance to allow for different kinds of needs by public facilities and
that 15 acres is an arbitrary and restrictive lot size maximum which
must be changed.
In conclusion, Mr. Chairman and members of the Commission, we
believe that this draft ordinance is extremely restrictive and
unnecessarily prohibitive to Churches, while saying little or nothing
about how to deal with other types of Public Facilities. I do not
believe, from what I heard in various meetings of the City Council I
attended, that this draft accomplishes the goals and instructions of
the City Council to develop a sound and comprehensive Public
Facilities ordinance. We strongly request that this draft ordinance be
sent back to committee. We believe that this committee should work
with an "ad hoc" committee of concerned citizens, including
representatives of the Churches, to develop a fair, reasonable and
legally defensible Public Facilities Ordinance for the City of Lake
Elmo. If you are willing to take a step back, work with this group of
concerned citizens, and then come back to Public Hearing, I think you
will find a completely different atmosphere —one of support,
appreciation and affirmation for a job well done. Together we can
design a model ordinance, which will serve the community well for
many years to come.
know I took a long time to explain our views, but this is a very
complex and important matter —important to the Churches, but also
very important to all the citizens of the City of Lake Elmo. Thank you
for your kind consideration. I am sure that after hearing this, and
what others have to say, you will want to send this ordinance back to
committee for the appropriate and fair revisions it requires!
5
Engineering • Planning • Surveying
ceNIFRA
McCombs Frank Roos
Associates, Inc.
September 14, 1998
Lake Elmo Planning Commission
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
SUBJECT Public Hearing
Revised PF Zoning District Ordinance
MFRA #8815
Dear Commissioners:
Thank you for the opportunity to have input on the revisions to the PF Zoning Ordinance. Before
making specific comments, we would like to give a brief history of events that pertain to our site.
In 1988 the Apostolic Bible Church purchased approximately 38 acres of property on 10th Street
North in Lake Elmo. The intention was to build a church on a portion of the property and so, the
church proceeded in 1989 to have 14.352 acres of the site rezoned to "PF." Since that time, the
City's Comprehensive Plan Maps and Zoning Maps have shown this area as a Public Facilities site.
It is still the church's intention to build on this site. In November 1997, representatives from the
church met with the Lake Elmo City Planner and informed the City that the church had retained an
architect and that construction would begin in 1998. We were told that the church was a permitted
use in the PF Zoning District and then given a copy of Chapter 3, Section 300, Subsection M., Public
Facilities and Quasi -Public Uses, We were also told that in addition to a building permit we needed
permits from the Valley Branch Watershed District and Washington County Public Works
Department.
The basic design of the church was completed during the winter months and in June 1998, we again
met with City staff to review the initial site layouts. To our surprise, we were informed that without
notification to us, a moratorium had been placed on the development of PF Zoned properties. That
action has interrupted the schedule the church had presented to the City and has now prevented us
from beginning work this year.
15050 23rd Avenue North • Plymouth, Minnesota • 55447
phone 612/475-6010 • fax 612/476-8532
e-mail: mfra@mfracorn
Lake Elmo Planning Commission
September 14, 1998
Page 2
We since have been advised that the City was revising the PF Zoning portion of the Ordinance and
that our first opportunity to participate in the process would be the public hearing on September 14,
1998. The following are our initial comments, which generally compare the proposed revisions to
the existing Ordinance which was used in the planning of our site.
Item 1
Subd. 1, Purnose and Intent — We suggest the word "subordinate" be replaced with the
word "appertaining." The word subordinate implies uses of less importance while the
work appertaining implies uses that are naturally associated with the other overall land
uses.
Item 2 Conditional Use versus Permitted Uses — This is a substantial change from the existing
Ordinance and involves much more than just adding an additional level of process. Our
existing PF Zoned site has been through the public hearing process and has been planned
and zoned prior to any abutting development activity. This change in the Ordinance
severely hampers this church's or any church's ability to build under a phased program,
since every phase could be subjected to a different set of rules.
Item 3 ISTS Restrictions — Any church ISTS design will include a dosing tank which will
gradually discharge peak daily flows (Sunday) throughout the remaining days of the
week. Two of the restrictions, 235 gallons per day per net acre of land or 5,000 gallons
per day system are reasonable limits. The 3.0 SAC units per 3.5 acres is much more
restrictive and does not have technical basis for being so. We would like to suggest
combining the subsections 2(b)2 and 2(b)3 and using 235 gallons per day per net acre of
land or 5,000 gallons per day, whichever is more restrictive. This would also allow the
church to examine a common ISTS that would serve both the church and some abutting
residential sites.
Item 4
Athletic Facilities — We do not understand the exclusion or prohibition of athletic
facilities in church campuses. Weekly play activities are a big part of every church
community's life. Fellowship halls double as recreation areas, open areas are used for
organized activities during daily vacation bible school, etc. We recommend that this
subsection either be deleted or rewritten to allow reasonable athletic activities that are
typically associated with modern churches.
Item 6 Structure Uses — Church structures help provide space for many community needs
beyond those directly related with the church's religious programs.
Examples would be senior citizen activities, scouting activities, polling stations, recitals,
day care, special schooling (tutoring), and many others that need the space and facilities
that a church can provide. A church is a quasi -community center and we sincerely request
these uses be allowed.
Lake Elmo Planning Commission
September 14, 1998
Page 3
Item 7
Minimum District Requirements
a. Lot Size Maximum — 15-acres — this is a small "maximum" limitation. All other
horizontal criteria are minimums. This could be restrictive for churches unless other
limitations are changed.
b. Structure Setbacks — 75-feet — This is more than the existing Ordinance, but is
reasonable for structures with a height of 50-feet.
c. Buffering — the insertion of this requirement is an unreasonable demand and
effectively prohibits the development of church sites in Lake Elmo. There are
adequate setback and landscaping standards to provide buffering without this
exorbitant demand.
The Ordinance as written prevents the development of a viable church facility in the City of Lake
Elmo and places most, if not all existing churches in an untenable, non -conforming status. Unless
rewritten, it will, in our opinion, constitute a public taking of our existing property.
Throughout our meetings with the City of Lake Elmo, we have always stressed a willingness to
cooperate, work within existing standards and develop a church facility which will be a benefit to the
entire community. That is still our objective and we will continue to work with the City towards that
end.
Sincerely,
McCOMBS FRANK ROOS ASSOCIATES, INC.
'Jef re J. Roos, P.E.
JJR:pry
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