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Home My WebLink About12-04-1974 Joint Council and PC Work Session Minutes � � � � ' � � CITY OF ORONO � � Work Session Meeting of the City Council, and Planning Commission to discuss the � proposed zoning amendments and District � Boundaries, December 4, 1974. � �, The City Council and the Planning Commission met with staff and members of • i the public on the above date with the following members present: P�ayor Searles , � Councilmember Paurus , Planning Commission Chairman Guthrie, Planning Commission � member Van Nest. This work session meeting • had been announced at the December 2 , 1974 , special meeting of the City Council. � Searles reviewed the extensive 3 year study COMPREHEN5IVE GUIDE PLAN � : relating to the comprehensive guide plan and amendments to the zoning code. He � discussed the need for the changing of certain use district boundaries , uses ` permitted in certain use districts , and the sizes of lots that should be permitted in certain sections of the city. Searles noted that the comprehensive guide PRESERVATION OF QUALITY � pian and supporting studies have indicated OF WATER that certain areas of the city must be • rezoned in order to protect the health , wel- fare and safety of the citizens of Orono. • He noted that within the City of Orono was . Lake Minnetonka and the extensive water shed and wet lands servicing and draining into S Lake Minnetonka. The preservation of these natural features mandated additional changes � in the present zoning co�e in order to protect Lake Minnetonka and Long Lake from r continued pollution and in order to insure the continuance of Lake r�iinnetonka and the • quality of ground water in the area. He � nated that the only way to preserve the quality of water in Lake Minnetonka and � throughout the entire city is to precluc�e intense urban development in most of the � city. He noted that the Metropolitan Council had supported the findings of the � comprehensive guide plan and the proposed changes to the zoning code and use district ` boundaries stateci therein. � � • y � , ; .` � -. • MINUTES OF A COUNCIL r'iEETING HELD Page 2 �Searles noted that to insure the health, PRESERVATION OF QUALITY � safety, order, convenience, prosperity OF WATER and general welfare of the City of Orono, the (Continued) � city must enact amendments to the zoning ordinanCe to make different regulations for � the di£ferent districts , and to change the . use distriCt boundaries anc� to increase the required lot sizes in most use districts . � These changes would also implement the derivatives of comprehensive municipal plan � as adopted by the City Council on December 2 , 1974 . � Searles noted also that t�e guiding principle in • the comprehensive guide plan and one which must be followed in order to protect the safety and � welfare of the citizens of Orono is the preser- � vation of the wet lands and drainage ways serving Orono and the contiguous communities ar.c� the � preservation of Lake Minnetonka. He noted that soil tests indicate large areas of clay and � pockets of �eat, which together with the large number of slopes in Orono, serve to limit the • construction of building sewer systems as well • as access roads in some areas. He noted that the extension of public sewer and municipal services � to these rural areas of the city is too expensive and woulc� result in intense residential development � which would thereafter endanger the quality of storm water run-off into the water shed, wetlands � and Lake Minnetonka. He noted that scattered pre- mature �evelopments in the rural areas would result • in the costl� extension of municipal service • through other undeveloped areas . Such extension would place an unreasonable burden upon all other � property owners in the area. He note� that the Metropolitan Ccuncil ' s policX is to require � development of land in Close in communi_ties prior to further expansion into the rural areas . • Searles also noted that the proposed changes would STORM WATER RUN-OFF • be in line with the enviorr_mental purposes and regulations that have previously been followed � by the Department of Natural Resources of the � State of Minnesota, the Minnehaha Creek Water District, the Lake Minnetonka Conservation � District, and previous city ordinanCes . More- over, it was noted that the recent 5urface � Water Management Plan of September 19 , 1974 , and the Harza Studies of January, 1971 both reinforcec� � the finding of the CounCil that major chanqes in �land uses are necessary in orc�er to protect the quality of the surface storm water run-of.f within � the City of Orono. Basically, these pl�ns found that: � � � , � MINUTES OF A COUNCIL D7EETING HELD Page 3 � � � �l. The quality of storm water run-off is ad- STORM WATER RUN-OFF versely affected as the water shed and the (continued) � areas adjacent to the water shed become more densely urbanized and �eveloped. � 2. That the natural system of wet lands now � present within Orono provides the only practical , method of filtration and purification of storm water so vital to the preservation of Lake � Minnetonka and the ground water supplies in the area. � Van Nest noted that one of the objectives of � the zoning amendment was to divide the resi- dential development of the city in three major � classifications : urban residential, lakeshore � residential and rural residential. � Van Nest noted that the urban residential should be of the single family dwelling type of densi- � ties of 1 to 2 units per acre and that a limited amount of multiple dwellings consisting of patio • homes , town houses etc. , would be allowecx at greater densities per acre. Because of the severe � topography in Orono, he noted that housing should . be clustered whenever possible to preserve such natural amenities as slopes , wild life areas , � water bodies , and to provide open space to provide buffer zones between the housing and external pro- � blem areas such as major highways , railroads , and commercial and industrial areas . It was also noted • that these open spaces serve to protect the quality of storm water run-off into the watersheds and Lake � Minnetonka. Development of urban residential areas • should require public sewer and be located near or on streets of arterial designation to insure ade- � quate transportation. � Van Nest noted that land area within Orono that is LAKESHORE REGULATIONS within close proximity to Lake Minnetonka and Long � Lake has little or no natural filtration or puri- fication areas for the storm water run-off. There- • fore, it is mandatory that the lakeshore residen- • tial areas be regulated in such a way to protect the quality of storm water run-off. If the city � fails to so protect that storm water run-off , the resulting effect will be the destruction of � the quality of water in Lake Minnetonka and the ground water quality in the area. It was also r noted that one anc� one and a half acre lots for on-site sewage disposal systems were too small. � Therefore , in areas where public sanitary sewer � � � � �, , � � MINUTES OF A COUNCIL MEETING HELD Page 4 � is not available, the minimum building site LAKESHORE REGULATIONS �must be at least 2 acres . In order to pro- (Continued) � tect the watersheds and lake from additional pollution, the city should: � 1. Include a 75 foot building set back from the � shoreline; � 2. Prevent polluting fertilizer from entering � the lake; � 3. Stop erosion into the lake and watersheds ; � 4 . Limit the maximum hard cover allowed along the lakeshore; i 5 . Prevent the removal of trees and shrubbs � within 75 feet of the lakeshore , which removal � results in additional erosion and pollution of the lake; � 6 . Prohibit major changes cf natu�al land � contours by grading, filling, or dredging, which changes result in erosion into the lake. � These unregulated activities have in the past • proven to produce pollutants which have been carried into the lake and water shed areas . He ` noted that these standards are consistent with those of the Minnehaha Creek �aatershed District, � the Lake Minnetonka Conservation District, and the State of Minnesota. i Mr. Van Nest stated that the rural residential RURAL RESIDENTIAL � districts would be continued and increased under these zoning arlendments . The purpose � of these districts is to allow for the continu- � ation of agricultural activities and resiaen- tial uses. Additional restriction in these � areas are necessary because of the existence of numerous wet land and drainage ways to Lake � Minnestonka and Long Lake, steep slopes , in- terior soil types and other natural character- � istics. Because of the loCation of these areas and because of the expense involved, � it is necessary to minimize the need for ex- � pensive public services such a.s sanitary sewer, municipal water, major improvements in public � transportation, and most important, public storm water sewer and treatment faCilities ` for those areas . He noted that if these TWO ACRE MINIMU� SITES areas are allowed to develop as presently � allowed, i.e. 1 and 1 1/2 acre lots , then the � � � � •r ` I � � MINUTES OF A COUNCIL MEETING HELD Page 5 � city would be forcec� to extend the above pub- ylic services to these areas . The city can- � not affora to �o so; and if the ci.ty were able to do so, the affeCt would be the destruCtion � of the ability of the land to absorb storm water run-off �vhich would eventually destroy � the quality of water in Lake Minnetonka and • the ground water in the area. He noted that the Metro�olitan CounCil has supported � the policy of lanc� use Control to eliminate the need to extend additional metropolitan � sewer i.nterceptors and municipal sewer lines through rural lands with the resulting prohibi- � tory expense and enviornmental damage result- ing from such extensions . Van Nest noted � that in those rural areas , there shoulci be a . minimum lot size of at least 2 to 5 acres which would allow �n-site sewage and water w systems . The resulting population densities would then require no major changes in the � road system and would produce a minimum adverse enviornmental impact caused from storm � water run-off into Lake Minnetonka and Long Lake and the watersheds. � • Van Nest then proceeded to discuss specific MAPS SHOWING PROPOSED areas of the Village and the reasons why CHANGES � those areas must be rezoneu and must be sub- ject to new regulations in order to protect ` the citizens of Orono. Van Nest had prepare� and utilized a map of the Village of Orono � in order to discuss the various areas which were undergoing changes under the proposed � zoning amendment. The map is a Village of . Orono map anci has red lines which delineate the proposed boundaries for the new use dis- � tricts . On each map is a chart showing what the present zoning of the area is and the a present lot limitation for the area. The chart map shows what the proposec� zening and � lot size limitation will be for that area of the city. A seCond map that Van Nest used • was a map entitled Navarre Area, Proposed i Zoning Map for public hearing , December 18 , 1974. On this map he had delineated in red � the boundaries of those areas that would be rezoned and used letters of the alphabet in � order to identify these areas to be rezoned. � There was a general disCussion concerning the 1967 AMENDMENT INADEQUATE proposed amendment and it was the concensus � of the members present that the existing zoning � � � � � _. � � MINUTES OF A COUNCIL MEETIYZG HELD Page 6 r ordinance has been found to be inadequate in 1967 AMENDMENT INADEQUATE yface of conditions which have developed (Continued) � since its original enactment in 1967 . In some cases, these changing conditions affect + only a previously undeveloped area of the village and have little or no impact upon � the settle portion thereof, but, for the ` most part, the changes effect both the developed and undeveloped area of the village. In some S areas , the character and use of the zoning district in a surrounding area has so changed � that public safety and general welfare demand an amendment in order to ameliorate � those adverse and blighting conditions. It was noted that the present zoning code in � many ways did not conform to the guidelines of . the recently enacted comprehensive plan and that the proposed amendments would reflect , those guidelines and directions mandated by the comprehensive plan. � Van Pdest discussed the area noted as area A in AREA A RURAL RESIDENTIAL + the northwest corner of the City of Orono. R-1C to RR-lA The present zoning of area A is R-1C , 1 acre , � and the proposed zoning for the area is • RR-lA, 5 acres . The uses that will be permitted in the proposed zoning will be the same as in . the present zoning with a few exceptions . Van Nest noted that the comprehensive municipal � plan man�3ates that all areas be at least two acres in size if site sanitary sewage � disposal systems are allowed. He noted that the Metropolitan Council plan shows no � sewer whatsoever in the near future for the area A. The members present could not � foresee any sewer being extended to area A • for the next 10 to 20 years . It was noted the proposed five-acre classification would � allow the continuation of those limited agricultural uses which the people in the � area presently enjoy. Orono does not plan to sewer this area. There is some doubt � whether or not even the two-acre designa- • tion would be sufficient for area A and the Met Council and other regulatory agencies � have stated that two acres is probably not satisfactory for on site disposal systems . � � � � � � � � � , MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 7 � , � Since area A is outside of any sewer system �forseen for the future, it only makes sense that this area be classified as 5 acres so � that the danger of pollution to the water shed and to the ground water supply will be � eliminated. There was no doubt in their minds � that the consideration of public welfare required the change from 1 acre to 5 acre lot � designations. If the village rezoned the area from 1 to 2 acres and if the 2 acre site � proved to be inadequate, then the village would never be able to rectify that problem � by extending sewer to that area. In addition, the extension of a sewer to that area would be � prohibited because of extreme expense and • damage to the environment. The Metropolitan Council �uggests that 5 acres be used for i areas such as area A. It was noted that the community seminars that were held in 1972 � indicated that the people in the area also wanted the 5 acre designation. Moreover, an � analysis of the soil types in that area reveal that 5 acres would be necessary to preserve � the ground water supply from pollution from � on-site sanitary sewer disposal systems. Mayor Searles noted that in addition to the rezoning, � new sewer septic system regulations for on-site �disposal will be necessary. It was noted that the proposed amendment will allow for the con- tinuation of the uses and life styles presently � located in area A. It was noted that if the area were allowed to stay as 1 acre or even � as 2 acres, then municipal sewer would �ave to • be extended to that area in order to protect the citizens of Orono. If such an extension � were allowed or even possible, the way of life style would change immensely and the owners � in that area wvuld be forced to sell their farms in order to pay for the sewer assessment. � Moreover, if it stayed as a 1 acre area, the intense development which would occur on 1 � acre would result in the destruction of the wet • lands because of the poor storm water run-off. It was noted that the amendment would stop the * dense development from encroaching further into this rural residential zone. It was noted that � if allowed to stay at 1 acre, the area might later be developed in scattered subdivisions � which would necessitate the development of major roads and sewer systems to service that far ` corner of the village. The present road network . can barely service the development that is there �today. The traffic studies done by the village � � � � , � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 8 � and the county indicate that if this entire area were to be developed as 1 acre as presently * zoned, the present roads would be entirely inadequate and a major road network would be a • necessity. The general consensus was that the anticipated influx of population in that area � is presently not sufficiently restricted in light of a natural conditions of water supply, PRESENT PROBLEA7S HAD � sewage facilities and capabilities, land con- NOT BEEN FORSEEN tours, marshes and other topographical features . � None of the above problems had been forseen by the zoning amendment in 1967 . Van Nest noted � that the area drains into Painter Creek which • flows into Lake Minnetonka. Painter Creek already is a source of pollution and the development � of area A into 1 acre subdivisions would result in additional pollution to the watershed district � and Lake Minnetonka. Approximately 3/4 of area A is located in the Painter Creek drainage area. � It was noted that Grono is in a major water recharge area. The State Report on Surface Water Manage- � ment indicates that it is necessary to preserve i open areas in water recharge areas to allow for the protection of the ground water surface � supply. Searles noted that the report titled the Regulations for Disposal of Rural Domestic r Liquid Waste in Wisconsin, November, 1971 supports �the finding that this area must be rezoned from 1 to 5 acres in order to protect the public. It was also noted that the Metropolitan Council � guidelines and ground water guidelines of Feb- . ruary, 1973 support this conclusion. Moreover, the Metropolitan Council map show that these � areas have soils with severe limitations for urban development. This change would be consistent � with the Metropolitan Development Guide Plans and Open Space Policy Plans. It was stresed that the • Metropolitan Council and the comprehensive guide plan as adopted acknowledges the presence of � unique physical characteristics in this area i and the need to rezone the area form 1 to 5 acres. Morever, the village wlashes to provide � more continuation of this rural residential character without great population density in � order to provide a balanced land use for the entire village. Moreover, intense development i in trhat area would result in expensive sewers , water lines , road networks which the village � and the citizens cannot afford. The intense � development would disturb the ecological balance present existing which is necessary � to protect the value of homes and property, to protect the water quality and eliminate storm �water treatment facilities which would be necessary � � � �, MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 9 � , � if dense development were allowed. � It was noted that area A presently has 5 acre PRESENT USES IN AREA A type developments and that there are only a few platted areas of 1 acre. � Van nest indicated that the proposed boundaries � for the 5 acre zone make the most sense since • they are adjacent to major roads, and the ad- jacent districts will be 2 acres zones to � allow for a buffer between the 5 acre and the Lake Minnetonka area. It was noted that northwest � boundary of the zone was the village boundaries and that the land uses beyond those boundaries � are basically rural residential of 5 acre lots . At the northeast corner of area A will be the � proposed ring route and therefore it is also a • natural boundary. � Van Nest then discussed the area shown as area B AREA B RURAL RESIDENTIAL on the map. Area B is presently zoned as R-1C, R-1C to RR1B � 1 acre and the pr�posed zoning is RR-1B, 2 acres. The uses to be allowed in the RR-1B, are basic- � ally the same as those in the R-1C. It was noted this amendment would conform to the comprehen- • sive plan which has already been adopted. Moreover, � this amendment would allow the continuation of the variety of life styles which are present �in area B today. It was noted that the change from 1 to 2 acres would allow the continuation 1 ACRE and 1-1/2 ACRE � of on-site sewage disposal systems in the area. NOT SUFFICIENT It was clear that the 1 acre zoning was not � sufficient to allow for on-site disposal. There- fore, the rezoning to 2 acres was mandatory in � order to protect the public health, safety and • welfare. If the village allowed development in the area on 1 acre plots, the water quality in � the area would be destroyed by the resulting pollutents. It was noted that previously the � village was forced to sewer some areas which had been allowed to develop as 1 acre subdivisions. � Sewers were forced upon the village because the water tests showed that the on-site sewer � systems were polluting the ground water in the • area. It was noted that if area B were allowed to continue as 1 acre, then the village would � have to sewer the entire area, which would force economic hardships upon the village and � land owners in the area. Moreover, because of the physical characteristics of the land, in � some areas it would be virtually impossible to sewer them. If one were to sewer the entire � area, that would force even more dense develop- �ments in that area in order to pay for those sewers, which development would increase the storm � water run-off and the rEsulting pollutents � � � . MINUTES OF A COUNCIL NIE�TING HII�D DEC.E�'1BER 4, 1974 Page 10 � in the marshes and Lake NLinnetonka. It was noted that the zoning must provide a large enough lot size area to allaw the property awners to continue with the uses which are presently enjoyed in the area. STORM WATER This amendm�nt looks to the present future needs of the RUN-OFF ' • village in that it will elminate the continuation of pol- lution to the water system and will allow the continuation � of life styles in that area. The Surface Water Management Plan and the Harza Reports of January, 1971 indicate that � such a rezoning is necessazy. These reports also indicate that the single largest source of pullutents to the water � shed and to the lakes is frcgn the nutrient load contained in the sewage treai�rn.nt plants. The second largest source � of pollutents is the storm water run-off. If these areas . and other areas of the city were allawed to be densely de- veloped, then the entire area would have to be sewered and � in addition would have to be supplied with adequate storm sewer facilities to drain all of the storm water run-off , into a treatrnQ_nt plant for chemical treatznent to remr�ve at least 900 of the nutrients, prior to discharge into the � 1_akes. Such a program would bankrupt the village and force an increase in taxes which would force all the wealthiest � peop�.e to move from the village. It was noted in these . reports the only effective and practical means of purifi- cation ofstorm water run-off is through the natural marshes � and open lands presently located in area B and in those areas along the lakeshore. It was clear fran prior meet- � ings and reports which have been presented to the village that � the increased urbanization in this area would result in poorer storm water run-off and would result in the destruction of Lake NLinnetonka. Searles noted that Lake Minnetonka has � no adequate source of water except for the storm water run- • off. The village cannot allaw developmexlt as 1 acre lots which would destroy the lake. The village can recogriize � that its previous land use policies have been inadquate and must work to solve the pollution problems created by dense � development in this area by rezoning these areas frcen 1 to 2 acres. M�oreover, to allaa the area to be developed as 1 � acre would force the extension of public sewer to the area and force the village to develop major storm water treatment r plants, the cost of which �uld be astronanical. Searles • noted that Lake Minnetonka requires 25 years in order to turn over the water in the system. The lake must rely upon the � stonn water runroff and if that-s��ntwater run-off is not pure, then the lake will never be able to survive. Unlike � other lakes, there is no opportunity for natural flush-out of pollutents once they are in the Lake. He noted that the � studies by the City of Minneapolis concerning Lake Calhoun • indicate that storm water run-off is the major source of pollution to the lake. Searles � � � � � � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 11 � noted that the village of Orono was blessed with marshes and other perculation areas �presently that would act as natural filtration and purification areas for storm water run-off. The village can not allow these areas to be � densely developed. Searles noted that the report by Dr. Wood, Director of the Fresh Water Biolog- � ical Institute, Navarre Minnesota, on September 3 , • 1974 and various Metropolitan Council data support the findings of the Countil that these � areas must be rezoned. It was noted that keeping some of the areas of the village as 2 acres would � allow for the continuation of the life styles already enjoyed in that area. Searles intro- � duced a map from Minnesota Highway Department which indicated that Highway 12 would be ex- � tended beyond Wayzata through Orono and would ! bisect that area which is presently zoned as 1 acre and is proposed to be rezoned to 2 acres. � He noted that the project engineer for this project had given this map to the police depart- � ment of zhe village of Orono. A copy of this map is hereby incorporated. Searles noted that � the roads in area presently are sufficient to support 2 acre developments. The village and � county roads in the area would not be sufficient • to support 1 acre subdivisions in that area. �Members present thought it would be a disservice to the property owners in this area to allow for 1 acre subdivisions in the path of a major � freeway. The village just cannot allow for dense development in that area until the village has been t1 able to develop a complete network of arterial roads to service that area. It was noted that � the City of Long Lake which is located to the • northeast of area "B" has applied sewer hookings �Eor one small lake of sewer section of the area "B" � in the past. However , the City of Long Lake has refused to extend its sewers lines to service � any of the area in area "B" because they pre- sently have a lack of capacity for any sewer � increase. Moreover it was noted that to allow development in the area of 1 acre lots would cause � major traffic problems for the area and for the . Long Lake road system in downtown Long Lake which is presently inadaquate for the traffic � in that area. The Orono traffic counts which have been taken over the last several years � show the inadequacy of the roads presently in the area, which inadequacy would only be in- � tensified by development of the area as 1 acre lots. � � i • A MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 12 � Members present felt that the original zoning code had not adequately anticipated the effect of the influx of population upon this area in light of the natural conditions of water supply, sewage facilities and capabilities, marshes and � other topographical features. In 1967 the village did not realize the immense effect that the stor�t water run-off had on the watershed district on Lake • Minnetonka and on Long Lake. Moreover, the village at that time did not foresee the spiraling increase of costs which are incurred in any sewer or storm water project. It was noted that the � surface water management plan and the watershed maps indicated the drainage patterns in the area and show that area "B" drains into Tan- nager French and Classen Lakes. These lakes thereafter drain into Lake Minnetonka. It is . clear that area "B" serves as a drainage area for this part of the watershed. Searles noted � that the Regulations for Disposal of Rural Domestic Liquid Waste in Wisconsin, a report � dated November, 1971 supports the decision of the Council as do the other reports noted in � the Comprehensive Municipal Plan to rezone the area from 1 to 2 acres. It was noted that the WATER RECHARGE AREA � water table in this level in this area is extremely high and would be endangered by any dense development in that area. It was noted � again that this area is a recharge area for the entire water table. This fact supports the � findings that this area cannot be developed as 1 acre since the on-site septic systems would � be inadequate. If the village were to allow the continuation of area "A" as a 1 acre district, the � village would be forced to sewer the entire area, . the cost of which would be prohibitive. The sewering of the area would force dense develop- � ment and would result in the destruction of marshes and the lakes by the pollutants in the � storm water run-off which pollutants are inadequately purified today prior to discharge � into the lakes. It was noted that the area has presently been developed into 2 acre estates � and that this rezoning would be a continuation . of the present status in that area boundaries. It was noted that the area marked as "A" would � be adjacent to area "B" and would provide for a natural transition from "A" to "B" to the � more densely populated sections of the village along the lakeshore. It was noted that the area � to the south of area "B" is a lakeshore residen- tual area which will for zhe most part be zoned � r MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 13 as 2 acres also. However, that area will have additional restrictions a�d regulations since �t is even closer to the lake, It was noted that one small area in the middle of area "B" is presently developed as a 1 acre subdivision. � That is the Hackberry area and it is serviced by sewer from Long Lake which is only several blocks away. However, the City of Long Lake • does not have the sewer capacity to allow for any additional intense development in that area. It was noted that Hackberry had to be sewered when it was discovered that the 1 acre � on-site disposal systems were not adequate to protect the public from the pollutants caused by those on-site systems. There is one small pocket of industrial use . that is in the northern section of the "B" area and it is surrounded by railroad tracks, roads and is sewered by the City of Long Lake. � The members present noted that the development in this area as � acre lots would result in � extreme congestion on the village road system. This congestion would be deleterious to the � safety of the children in the area. It was noted that the Orono school system is located in the "B" area and that there presently are major traffic problems and hazards in that area even though it is basically undeveloped. � To allow development as 1 acre lots in the area would require major road networks which would � be a financial burden upon the people and the village, and would result in dense development � and the storm water run-off problem which . follow such development. � The members present noted that in order to prevent excessive and wasteful scattering of � population throughout area "B" , which develop- ments would force expensive sewers, water lines , road networks and which would result in the destruction of the ecological balance presently � existing, that area must be rezoned to 2 acre lots. Only by rezoning the area, would the village be able to protect the water quality and eliminate � the need for storm water treatment facilities, all in the interest of protecting the general health and � welfare of the citizens of Orono. It was noted that at the community seminars and at the public hearings previously, the residents � in the area requested also that the property be � rezoned from 1 to 2 acre lots. MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 14 Van Nest noted that area "B" also drains storm water trom Medina, North of the City of Orono, as well as the effulent from Long Lake through the Orono Marsh System into Lake Minnetonka. Presently, the marsh areas are fairly able to purify the storm water run-off in the area. If intense development were allowed in the area, the marshes would no longer be adequate and the lakes and ground water supply would be polluted. The village does not believe that the most appropriate land use in that area therefore is the 1 to 1-1/2 acre rural residential classi- fication. The village knows that the estab- lishment of the 2 acre rural residential area will provide for balanced land use and will not create an unfavorable impact upon the natural environment necessary to preserve the water quality and way of life. It was noted by Van Nest that the soil types in this area are definitely not sufficient for 1 acre on-site disposal plants. Van Nest noted that the school which is located on the northern section of area "B" is presently serviced by the Long Lake sewer. However� the City of Long Lake has indicated to Orono that it will not allow any additional hook ups to sewer systems since the capacity is presently overly extended. It was noted that the present uses in the area are basically 2 acre uses and therefore the amendment to the zoning code would allow the continuation of the present uses. The boundaries of the new RR�]iB zone consist of roads, railways and the boundaries city limits of Long Lake. In most instances , the property would border upon other 2 acre zones or upon the 5 acre zone previously noted as area "A" . Van Nest then discussed that area to be rezoned AREA C R-1C to R-1B noted as area "C" . The rezoning will be from R-1C, 1 acre to R-1B, 1/2 acre. The reason for this re�zoning is that it was developed as a 1/2 acre lot area pri:or to the original zoning as a 1 acre area. After that area had been developed as such, it was discovered that the on-site sewer disposal systems were not adequate MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 15 and therefore that area had to be sewered from Long Lake. That area today is a 1/2 acre and therefore the zoning amendment only reflects the present status of that zone. It should be noted that Long Lake refuses to allow any additional hookups to the sewer line in the area and therefore this area is limited in size. Van Nest next discussed area "D-1" . This area AREA D-1 R-1B to will be rezoned from R-1B, 1-1/2 acre to RR-1B RR-1B 2 acres. The only difference between area D-1 and Area "B" is that area D-1 is changing from 1-1/2 acres whereas area "B" changed from 1 to 2 acres. It was noted that Highway 12 would be upgraded HIGHWAY 12 in the future to bisect the area noted as D-1 the council could not allow 1 acre developments in the path of a major highway. The members prese�t felt that to allow 1-1/2 acre develop- ments in that area pursuant to the present zoning code would not promote the health, safety and general welfare of the people in that it has been shown that 1 acre and 1-1/2 acre on-site disposal systems are not adequate in Orono' s soil types to insure protection of the ground water. Rezoning to 2 acre lots is necessary to allow the continuation of on-site disAosal systems in that area. The members present then voiced the same concerns concerning the D-1 area as they did concerning the "B" area. Those comments stated for area "B" are hereby incorporated. It was noted that the proposed metropolitian interceptor may be located in part in the area designated as D-1. However, the Council noted � that the proposed interceptor was designed to solve the existing lakeshore problems and the � problems of the affluent from the Long Lake and Orono sewer plant to which is presently being ' discharged in the lake. � The Council noted that even if the sewer inter- , ceptor did go through the D-1 area, it would not be in the interests of the protection of the � health, safety and welfare of the people to allow � , �l � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 16 � � for more dense development in this area. Dense development in that area would result in increased � storm water run-off and would result in an � extreme congestion of the streets servicing the area which are already inadequate. Until � there are adequate highways for the area, it should not be developed as 1-1/2 acre lots. � The boundaries of the D-1 area which will be rezoned � to RR-1B zone are the railroad tracks to the south, � the village boundary lines to the east and north, and on the western boundary of the D-1 area is + the "B" area which will also be rezoned to the 2 acre zone. � It was noted that the sewers that service the � lakeshore areas could not adequately service the D-1 area since there is a topographical formation r which runs approximately along the railroad track which separates the area to be zoned RR-1B, from � the area to be rezoned to the LR-lA. � Van Nest then discussed that area of the map that AREA D-2 R-1B to R-lA � has been marked as area D-2. That area will be rezoned from R-1B, 1-1/2 acres, to LR-lA, 2 acres. � The resulting LR-lA area will be a lakeshore residential community without sewer. • � It was noted that this amendment conforms to the Comprehensive Municipal Plan which has already � been adopted by the Council. � Paurus discussed the overall convern that the City had concerning the development of those land areas � within Orono which are within close proximity to Lake Minnetonka and Long Lake. • • It was noted that due to this proximity, there were little natural filtration or purification � areas in which the storm water run-off could be naturally treated prior to its discharge into � Lake Minnetonka. Generally all the land within the lakeshore residential district is within a � 1000 to 1500 feet of Lake Minnetonka. � The City Council felt that envirnmental protection • of Lake Minnetonka was paramount in the decision to change this lakeshore area from 1-1/2 acres to + 2 acres at least. It was felt in areas where public � � � � � w � � , � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 17 � sanitary sewer is not available, that the minimum �uilding lot should be at least 2 acres to allow � on-site sewage disposal systems. w It was noted that the 2 acre designation was supported by the Metropolitan Council , by the � findings of the Surface Water Management Plan, � by the findings of the Harza Report this desig- nation complied with the LMCD storm water � run-off and shore land guide lines policy statement. It complied with the position and � regulations of the Department of Natural Resources , the proposed DNR regulations for Urban areas , � and the FWBI Reports by Dr. Wood which had been discussed previously. • � Moreover, the rezoning of this area from 1-1/2 to 2 acres would support the Rules and Regula- � tions adopted by the Minnehaha Creek Watershed District. � It was noted that these reports and findings by PROTECTION OF LAKE • the Council and Planning Commission indicated that additional environmental protection � requirements should include a 75 foot building set back from the shore line, restrictions �on the use of fertilizer along lake shores, �, regulations to control erosion, regulations to limit the maximum hard cover in the area, � and regulations to prevent the removal of trees and shrubs within 75 feet of the lakeshore. • Moreover, it was stressed that there should be � a probhibition against major changes of natural � land contours by grading, filling, or dredging in these areas. � At this time, Van Nest incorporated into the LAKESHORE AREAS : � discussion, the discussion concerning the area F ,G,H,K, R-1C , R-1B, marked as F on the map which is presently R-1C, to LR-lA • 1 acre, which will be rezoned to LR-lA, 2 acres , area G which presently is designated as R-1B, • 1-1/2 acres , which will be rezoned to LR-lA, 2 � acres, area H which is presently zoned as R-1C, 1 acre, which will be rezoned to LR-lA, � 2 acres, and area K which is presently zoned as R-1C, 1 acre, which will be rezoned to LR-lA-1, � 2 acres. � � � � � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 18 The members present concurred that the discus- sions of all these areas should be held together since the environmental factors , and the geographical factors and other relevant factors were similar in all cases . These areas are presently zoned for lot sizes from 1-1/2 to 1 acres. As had been discussed previously, it is well known that buildings should not be buil� on any lots which are smaller than 2 acres if on-site sewage disposals are allowed. In these areas, there is no public sanitary sewer system, and therefore only on-site sewage systems would be possible. To allow on-site sewage systems on 1 acre and 1-1/2 acres would result in the pollution of the ground water in the area and would result in the direct pollution of Lake Minnetonka. The problems that were present in areas A and B are intensified in these areas since these areas are all within close proximity to Lake Minnetonka. Moreover, it was noted that �ntense development in an area results in increased water run-off as well as greater levels of nutrients. Therefore, the pollutants which are generated by urban living in this area would pass directly into Lake Minnetonka before having an opportunity to be processed through the natural filtration and purfication systems such as wetlands and marshlands. A general discussion followed concerning the effects of the removal of trees and the dis- turbance of the lakeshore area within 75 feet in length _of the lake. Tree removal and exca- vation have caused major erosion and pollution into Lake Minnetonka Therefore, it is of a paramount importance to stop the stripping of the vegetation within 75 feet of the lake and the disturbance of the property in that area in the future. It was noted that these areas are serviced only INADEQUATE ROADS by old roads which are adjacent to the lake which have previously been designated as park- ways. The roads are already inadequate for the development along the lakeshore areas. To a11ow for denser development create major traffic hazards and increase the congestion and pollution to Lake Minnetonka that is already presento � � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 19 � It was noted that these are narrow winding roads �v,�hich are very dangerous at the present time. � Moreover, the bridges that are servicing this area would be inadequate for additional vehicular loads . � The members present also noted that to allow HARDCOVER � intense developments in this area would force RESTRICTIONS the village to sewer this entire area. The laying r of sewer pipe in the area would be destructive • to the environment and would result in erosion problems which would cause pollution to Lake ! Minnetonka. Moreover, the cost of sewering this entire area would be prohibitive. If this area had � to be sewered, then this area would be forced into even more dense development in order to support • the cost of sewering an area such as this with so many topographical and ecological problems . Dense � development would then lead to increased storm � water run-off and result in pollution of Lake D�innetonka. � The members present noted that the proposed amend- � ments would prohibit any excavating, filling, hard cover, temporary or permanent structures within 75 • feet of the shoreline. Within 75 to 250 feet of the shoreline, there would be no greater than 25% � hard cover. Within 250 to 500 feet of the shore- • line there would be no greater than 30% hard cover allowed. Within 500 to 1000 feet of the shoreline � there would be no greater than 35% hard cover allowed. • The members present felt that these restrictions � were necessary in order to prevent the rapid storm water run-off which is presently occurring in the • developed areas along the lakeshore. � It was noted that the Surface Water Management � Plan, the Harza studies, and the various guide- lines by the watershed districts and the Lake � Minnetonka Conservation District also supported these regulations . � Moreover, it was noted that D N R had previously • promulgated guidlines for unincorporated areas . which supported these type of designations. � Van Nest then shifted the discussion to the area AREA E-2 marked as E-2. The area known as E-2 is presently B-1 to RR-1B � �-1 Commercial and will be rezoned to RR-1B, 2 acres. It was noted that within the E-2 area, � r � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 20 the property has been already developed for residential uses. The area is unsewered and therefore any lot sizes smaller than 2 acres would result in the pollution of the ground water and the pollution of Lake Minnetonka. The E-2 area is 2, 000 to 3, 000 fee� from the Lakeshore. Moreover, those portions of the E-2 area, which are presently zoned B-1 Commercial, which are not residentially developed are owned by Orono and are used for municipal buildings . The United States Post Office owns one small lot in the area presently being used for a Post Office. Since the area is basically residential and surrounded by residential property which have or will have the same 2 acre designation, it � was natural that this area should be rezoned to compatible use. It was noted that the original zoning code had FORMER USES shown this area as B-1 Commercial because at one time the railroad had a station here and a lumber company had been located here in order to utilize the tracking facilities. However, the railroad had removed the station and the lumber yard had removed its structures years ago. Thereafter the area developed as a residential community and was in fact today a residential community. It was noted that this amendment would again con- INADEQUATE ROADS form to the Comprehensive Municipal Plan. The council felt that if this area which is presently being used for residential uses were ever to be developed for commercial uses, then the road system in the area would be inadequate to service it and the resultant commercial uses in this area would result in the diminution in value to the residential prope�ty nearby. Moreover, any B-1 uses in that area would require sanitary sewer, and there is none available. It was noted that the present road that services the area passes through residential areas and that to allow commercial development in this area would increase traffic loads on this road which increaae would result in danger to the children and people in the area. MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 21 Moreover, any commercial development in that area would result in additional storm water run-off which due to the proximity of the lake would re- sult in the creation of an ecological imbalance and subsequent pollution of Lake Minnetonka. Van Nest then discussed that area marked as E-l. AREA E-1 E-1 is presently zoned B-1 Commercial , and will B-1 to LR-lA be rezoned to LR-lA, 2 acres. The E-1 area is within 1, 000 feet of the lake and part of E-1 is vacant property. The property is surrounded by residential development and, in fact approximately two-thirds of the 10 to 12 acre site is presently developed as large lot resid�ntial . There�ore, the rezoning of this area from a vacant B-1 lot to an LR-lA residential area would reflect the present status of the propety, i.e. use as large lot residential. Moreover, it was noted that sanitary sewer is not available in this area, and therefore any sort of B-1 commercial develop- ment in that area would result in excessive storm water run-off directly into the lake, and would result in the pollution of the ground water supply since the site would not be adequate for on-sight disposal systems. v� (�F",�..�,^•� t Moreover, that part of the �-1 area which is not � developed now is predominantly marsh land which � could not be developed for any purposes anyway. It was noted that at least 15 years aqo the railroad company maintained a station on that vcaant lot. However, the station has long since been removed and the propety has been allowed to remain vacant. Moreover, the E-1 area is surrounded by a developed residential area and the only roads leading to that vacant lot are small roads that pass through the residential neighborhood. Any increase in traffic there would result in traffic hazards for the children and the residents in that area. Part of the E-1 area includes a small area consisting of 1 or 2 lots which is adjacent to the highway and the lake. This area had been zoned B-1 years ago to allow for the construction of a gas station there. The gas station is located there presently and the entire area around it, other than the B-2 operation on the lake, is residential. The gas station would be allowed to continue as a non-conforming use to service the highway and the people living in the residential community. It was felt that any addi- tional development on that site other than the small gas station would result in traffic hazards at the corner and at other residential streets that are contiguous to the gas station. Moreover, it was noted that any additional commercial development in that area would result in an extension of the deteri- ation and blight caused by the commercial activities already present in that residential area. !, , � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 22 � Van Nest then discussed that area marked as AREA I yarea I . Van Nest noted that this area would R-1C to RR-1B � be rezoned from R-1C, 1 acre residential to RR-1B, 2 acre residential. The Council stated � that the reasons for the rezoning of this area to 2 acres are similar to the reasons that were � discussed in the rezoning of area B. Both areas after the zoning would be RR-1B, 2 acre � residential. It was noted that this amendment • would conform to the comprehensive plan which has already been adopted. Moreover, this amendment � would allow the continuation of the variety of life styles that are present in area I today. � It was noted that the change from 1 to 2 acres was necessary in order to allow the continuation � of on-site sewage disposal systems in the area. � It was noted that village in adopting the • original zoning code had been mistaken in the assumption that the 1 acre site would be sufficient � for an on-sight sewer disposal. A minimum of 2 acre sight is mandatory for any on-sight sewer r disposal system. To provide for any lessor size site woula be to invote pollution into Lake � D�innetonka and into the ground water supply and area is vital to the continuing health and • welfare of the citizens of the entire area. It + was noted that the roads in the area would be inadequate to support any 1 acre development in � the area and that to add additional roads in the area would result in more intense development � and increase storm water run-off into the lake . Moreover, it was noted that intense development r in this area as 1 acre lots under the present code would force expensive sewers , water lines , r road networks that the city cannot afford and ' the resulting in intense development would dis- turb the ecological balance presently existing i which is necessary to protect the value of the homes and other property, to protect the water � quality, to eliminate the need for water treat- ment facilities , and to protect the general health � and welfare of the citizens . � The north boundary of the I area which will be • rezoned to 2 acres is the Bay Side road. This road acts as the natural dividing line between � this 2 acre area and the area to the north which will be rezoned to 5 acres . To the east of the � I area, a bounaary is the North Arm Lane and the North Arm Drive. The property to the east will � be zoned as a lakeshore residential and is also �a 2 acre zone. The jagged boundary on the south part of the area A reflects the topo- • graphical features in that area which preclude the extension of sewage sewer systems from the � south of area I into the southern portion of � �. . MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 23 � � I area. The western boundary is the city boun- ydary and is also a highway. To the west of that � highway is the City of Independence which has zoned the area in a similar manner. It should � be noted that the soil types in this area are again of sub-standard types for on-site sewage � disposal systems . Therefore , the change from • 1 to 2 acres in not only recommended, but man- datory to preserve the health, safety and wel- � fare of the citizens of Orono. � � � � � i • • • • • • i • i s • s • � • � • � • � • 1 MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 24 Van Nest then shifted the discussion to an analysis COMMERCIAL AND of the present commercial and industrial zones INDUSTRIAL AREAS located within the Navarre area. He referred IN NAVARRE specifically to the Navarre area proposed zoning map for public hearing, December 18 , 1974 , on which he had outlined in red the various districts to be rezoned and had provided letters designating each parcel. In some instances, a letter is used for several parcels and in each case, the letters are given sub-number, i.e. L1, L2, L3 etc . Mayor Searles noted that commercial.T and�=�hopping�� facilities in Navarre serve Orono residents who are living in the nearby community. However, on both sides of Orono are regional shopping centers with a wide range of commercial services that service those citizens of Orono who live at the eastern half of the village, and those citizens who live on the westeIIn�and.;s�oe��n sections of the village. It was noted that the city of Long Lake provides neighborhood commercial facilities in the north central part of Orono, and Spring Lake and Mound are all used by the Orono residents who live in the western part of the city. At the outset, it was noted that the commercial and indus- trial centers other than one industrial center in the northern section of the village near the City of Long Lake, are located on an island, known as the Navarre area, and therefore each district is �within 1, 000 to 2, 000 feet of Lake Minnetonka. The Mayor noted that several years ago the village had asked the businessmen in the area and citizens in the area to prepare a report concerning the future of the presently zoned commercial areas. It was noted that Special Navarre Plan Force Study recom- mended that the existing commercially zoned property on the Navarre island be reduced in size to a more moderate area and that in the vicinity of the inter- section of Highways 15 and 19 the ��remaining open land use be used for low density residential or office building purposes to minimize traffic con- gestion and maximize the environmental protection of Lake Minnetonka. It was noted that any new use of the vacant property should be regulated in order to protect the lake := from excessively dense hard cover of the land area and to eliminate increase in trfffic volume. The Council members view any expansion of the hard cover, road size or traffic volume as detrimental to the lakeshore environment and the quality of the water in the lake itself. A review of the map indicates that there are only two major roads servicing this cdensely populated � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 25 � � island. To the north of these commercial areas are located residential communities that have yprevious�y been developed as 1/2 acre residential � zones. To the south of these commercial centers are located residential communities that have � previously been developed in 1/2 and 1 acre lots. Al1 of these areas are presently sewered. The mem- � bers present discussed some factors that apply to � the rezoning of all those areas marked as L, M, N, O, P, Q, R, and S. They noted that the Comprehen- a sive Plan mandated that these areas be rezoned to different commercial uses and in some instances , eliminated as commercial zones. It was noted that almost all of these sites are within 1, 000 to � 2, 000 feet of the lake and that any dense develop- ment or hard cover in the area would result in the � rapid run-off of the storm water directly into the lake without first having had been purified � or filtrated by the marsh and wetlands which in . other sections of the village act to purify the water prior to discharge into the lake. The + basic fact to be noted is that these areas are located on an island with limited highway access. � Therefore, these areas should be designed to serve the local people only and should not serve to � attract traffic from other sections of the village • onto the small island which is of extreme ecological and environmental importance. Any additional attrac- . tion of traffic to this area would result in additional congestion to streets and highways that are already � inadequate and thereby cause major traffic hazards and dangeYs to the children and residents who live � in the area, and to the children who attend the school system nearby. � • Van Nest then discussed the property noted as L-l. AREA L-1 Members present indicated that the L-1 parcel property B-1 to Lr-1C � consisted of the Hennepin County maintenance facility for highway vehicles. It was located almost across � the street from the Elizabeth Gardner School and created traffic hazards due to its location. The � roads servicing the Hennepin County maintenance build- ing are residential in nature and are presently � inadequate for the present uses. Moreover, any • intense development on that property would result in storm water run-off that would discharge immedi- • ately into the lake taking with it the oil and gas spillage from the operation and the other pollutants � that are developed by such a land use. The traffic counts in the past indicated that roads in this area � cannot support additional traffic loads. Therefore, this property should be zoned from the B-1 commercial � to LR-1C 1/2 acre residential. In the future if � � � � ` � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 2� � yHennepin County were to terminate its present use of the property, then the property would be used � for the development of 1/2 acre residential lots. Such a use would not increase the traffic load to � the extent that the present use does and would not result in the increased flow of storm water run-off � directly into the lake that any commercial use would � create. � Mayor Searles noted that this area is presently used AREA L-2 , B-1 for the water tower that is owne� by the Village of to LR-1C � Orono. It was felt that for the same reasons as expressed and related to the area L-1 property, � that this property should be rezoned to LR-1C, 1/2 acre residential so that in the future, if the � water tower were moved, the use of that property • would be compatible to the uses in the surrounding area and would not result in increased traffic � loads on County Road 15. r Van Nest then discussed the area marked as L-3 AREA L-3 which is presently zoned as B-1 Commercial and will B-1 to LR-1C � be rezoned to LR-1C, 1/2 acre residential. It was noted that this triangular piece of land is located � at the junction of County Road 15 and B1ain Avenue. Therefore, any use of this property as commercial • would create a direct traffic flow onto the � already congested County Road 15 . Moreover, it was noted that this triangular piece of property in- � creased the traffic leading onto Blaine Avenue , which is a residential road serving the community � of Casco Point. It was noted this property is located adjacent to an area that has been develcped � into residential uses . The telephone company pre- • sently has a building located on the parcel of property but the majority of the lot is presently � vacant. It was noted that if this entire piece of property were developed as a commercial use in the � future, the increased traffic generated by that use would create additional hazards both for the � children in the area who attend the schools there and for other people who are using County Road 15 . � It was noted that at the time of the original draft- • ing of the Zoning Code in 1967 , the village did not foresee the increased traffic loads for this area � and the increase� dangers created by the use of property on Navarre Island as commercial uses. � Moreover, the village at that time did not un�er- stand the consequences of storm water run-off in an area that is so close to Lake Minnetonka. It was noted that the property once rezoned to residential would be compatible with the uses of the property � across the street an� to the south, west and east of the subject property. It was noted that the re- � zoning of this property would assist in stopping the continuation of the spread of the deteriation � and blight which is caused by the commercial uses in � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 27 �. � this area presently. It was noted that the safety and welfare of the children in the area would be �promoted by rezoning the property and that the � prevention of the pollution of the ground water sources and Lake Minnetonka would be promoted also. � It was noted that to a11ow these areas to develop as commercial uses would force major road develop- � ment into the area in order to service the increased � traffic loads generated by such uses . Such an increase in road networks is virtually impossible � since the property is on the Navarre Island and the extension of additional highways to the area is � physically impossible. Moreover, it was noted that the various businessmens ' reports and other reports � before the Planning Commission and the Council in the past indicated that presently there is no adequate � use or demand for the vacant commercial property • in this part ot the village. . The discussion then shifted to that area marked AREA L-4 as area L-4 on the Navarre area map. This area is TO LR-1C , 1/2 ACRE presently zoned as B-1 commercial and will be re- zoned to LR-1C, 1/2 acre resi�ential. It was � noted that this property is presently being used for 1/2 acre residential uses. It was noted that � the land is not used for any commercial uses . The contour of the land is such that in order for it to be developed as commercial uses , i� would require major excavatians in that zone. Such excavations would create increased erosion into the lake and � would result in the diminution of real estate values in the surrounding property. It is doubtful � that the city would a11ow the owners of that pro- perty to complete major excavation in order to � remove the natural topography present. The area • immediately to the north ot the proposes area to be rezoned is presently used as residential. It was • noted that the p�operty itself because of the topo- graphy would be ideal for residential uses but � not for any corlmercial pu�poses . It was noted that there was theretore a mistake in the original zoning � of this property to commercial use. Moreover, the Council noted that to allow this property to be S developed as a conunercial use would result in an . intollerable increase in the traffic flow which is already present on County Road 15 . It was noted � that to allow this property to be developed as com- mercial would result in the continuing expansion � of the blight caused by the commercial uses in the area and the deleterious effect on the residential community surrounding the small pockets of cor,zmercial uses . � � � � � � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Paqe 28 That property noted as L-5 was next discussed by AREA L-5 Mr. Va�- Nest. That area is presently B-1 commer- B-1 to LR-1C cial and will be rezoned to LR-1C, 1/2 acre residential. The area is contiguous to a presently developed residential area to the north and is contiguous to property to the south which will be rezoned to LR-1C, 1/2 acre residential also. It was noted that at the time of the original zoning of this property the road that is on the south side of the property was the main road from the east of the village to the west of the village. At that time it made sense to have this property zoned commercial since it would be contiguous to a major traffic artery. How- ever, years ago the road was terminated so that now it is a dead end road and is not part of a through traffic pattern. The property to the south of this property is open vacant property and the subject property itself is vacant except for the use of a small section of the property as a church and a small section of the property has vacant buildings on it. It was noted that because there was no adequate road access to it it could never be used for commercial purposes. If commercial purposes were allowed to be developed on the property, it would result in a blight and have deleterious effects to the residential properties located to the north of the subject ��i- property. Moreover, any of the roads in that area if used for commercial purposes would be inadequate for same and would result in traffic hazards and dangers to the children and residents in the area. Moreover, the majority of this land is now in use as 1/2 acre residential. Development of that area as a commercial use would result in additional atorm water run-off directly into Lake Minnetonka. The use of the property would be ideal for residential since it is located on a street which �s inadequate for any other use, it would then be part of an entire residential community located to the north of County Road 15. Moreover, it would blend in perfectly.:��th�the residential communities which are located to the east of the Navarre area in Minnetonka Beach. The City Council stated that the most appropriate land use for this area would be the L�-1C use and that such a use would be compatible with the uses in the area and would allow for a buffer zone between the County Road and the residential community to the north. Council members reiterated that increased development in this area would necessitate redevelopment of the entire road network. The redevelopment of the road network is virtually impossible because of the topography and the location of this area on this island. MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 29 The discussion then shifted to that parcel of prop- Area M, N, I erty noted as area M and that parcel of property to-LR-1C-1 and noted as area N. The two properties were discussed B-1-to-LR-1C-1 together because members present felt that they were similar in nature. The property marked M will be rezoned from industrial to LR-1C-1, 1/2 acre residential with a provision for additional d��si�y' cr�d�ts. The area marked as N is ' zoned as B-1, commercial and will be rezoned to LR-1C-1, 1/2 acre residential. It was noted that the area marked M was originally zoned industrial , for specific use that was planned several years ago. However, the property has never been used for industrial use and has remained vacant. More- over, during that interim period, the City Council and Planning Commission have learned more about the deleterious effects of increased storm water run-off and the effects that it has upon the quality of the water in the area and the quality of the water in Lake Minnetonka. Moreover, during that interim period, the City Council and Planning Commission have learned more about the deleterious effects of increased storm water run-off and the effects that it.dhas �u�bnr�he quality of the water in the area and the quality of the water in Lake Minnetonka. Moreover, since the adoption of the original zoning code affecting this property, the entire residential area has been developed to such a point that the roads in that area are inadequate for residential use, and very inadequate for increased industrial or commercial use. Any development of the property in the area known as M & N as an industrial or commercial site would result in increased traffic loads on County Road 15 which cannot be sustained by that road. More- over, such increase in traffic would result in dangers to the children in the residential communities and to the children attending the Elizabeth Gardner School which is located on property directly south of the property which is presently zoned commercial and industrial. The only adequate access for this property other than on the residential roads is on County Road 15. County Road 15 cannot handle additional traffic especially during the morning and late afternoon hours when the majority of traffic for those sort of uses are generated. The present use of the property marked as M & N are as follows: there is one residential house, an abandoned storage business , two vacant lots, an open drive-in theatre, an additional residential house on property known as N, an old gas station, and a large marsh area located in areas known as M & N. A change of this � ' MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 30 property from the present uses which are basically �acant property and residential to a denser residential zone would not result in any changes in the present use of the property as zoned for commercial reasons. The present commercial properties would continue as nonconforming uses in the area. The development of this area as a denser residential area would provide an adequate buffer zone between the highway and the less densely developed residential areas immedi- ately to the north of the highway. Throughout the discussion of the zones known as L, M, N, O, P, Q, R, S, it has been stressed that general office use and commercial use and industrial use generate approximately 4 times the traffic per acre that residential dwellings produce. The traffic in this area is already too great for the roads. Additional traffic during those time � periods in the morning and the late afternoon when employees arrive and leave from these areas and during which shoppers would arrive and leave from these areas would only serve to make a. hazardous road more hazardous in the future. Residential traffic generated by these rezonings is spread a throughout the day and is more apt to be present in the early mornings as people are leaving for work and in the late evenings when people are returning from work. By rezoning these areas from commercial and industrial to residential , the City Council has attempted to eliminate a present traffic problem and preclude worse problems in the future. The discussion then shifted to that property marked AREA 0-1 as 0-1. That property is presently zoned B-1 B-1 to B-4 Commercial and will be rezoned to B-4 Commercial . The B-4 commercial would allow for the development of this property for office buildings but would prohibit the proliferation of the retail sales and service buildings which are present to the east of the property marked as 0-l. This property is contiguous to the county road and for the traffic reasons stated previously, it should not be allowed to develop to a high traffic generating B-1 business area. Moreover, it was noted that , the topography of this property is such that the lots are not very deep and that it is almost impossible to provide for off-street parking for any commercial uses which would be allowed under the present or proposed zoning code. It was noted that the property immediately north of the 0-1 area is developed for residential � purposes and that the property to the east of the 0 area will be developed as 1/2 acre residential . MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Pa�e 31 �The subject property presently is being used for non-commercial purposes. There is one small building which would qualify as a B-1 commercial use presently and will be allowed to continue as a nonconforming use in the future. The Council and Planning Commission members next AREA 0-2 discussed the property marked as 0-2 . That B-1 to B-4 property is presently zoned B-1 commercial and will be rezoned to B-4 commercial . It is located along County Road 19 and is on the south side of that road. Presently the property is being used for a bank, a clinic and an office building. However, it is primarily vacant land. Therefore, the rezoning of this property to a B-4 will change the zoning classification to allow for the uses * that are presently in that area. It should be noted that this area marked as 0-2 is across the street from another area that is presently zoned commercial that will be rezoned to a B-4 commercial. All of these areas are adjacent to County Road 19 which is the major traffic thoroughfare from the south eastern part of the village and from the City of Excelsior into Navarre. The traffic � studies have shown that a B-4 district will generate approximately l�� of the traffic that . the B-1 commercial will generate. County Road 19 is already overly traveled and cannot be up- graded in the future. Any additional traffic in this area would result in traffic hazards for all those using that road. Moreover, a B-4 commercial use in this area would more likely involve less hard cover and would therefore not cause as fast a storm water run-off into the lake as B-1 uses in this area would cause. It was noted that the owners of the property in this area had previously expressed � a preference for a B-4 designation for this property to allow for the development of office uses . The property across the street from the area marked AREA 0-3 as 0-2 was next discussed. This property is marked B-1 to B-4 on the map as 0-3. This property is presently zoned B-1 commercial and will be rezoned to B-4 commercial. The property is approximately 8 acres in size. The Fresh Water Biolo�ical institute uses 5 acres of the property and is a B-4 type use presently. The remaining 3 acres is vacant. Therefore, the reclassification of this property from a B-1 to a B-4 would result in the continuation of the use of this property as it is presently being used, i.e. office use. Again the traffic c�nsiderations are of paramount importance to the village in the � rezoning of this property. Moreover the property is contiguous to the residential property located � • MINUTES OF A COUNCIL MEETING HELD DECEMBER 4, 1974 Page 32 � to the east and contiguous to property which will � be rezoned to residential to the north of this site. • The discussion then switched to that property marked AREA P, N-2 as P and N-2. These properties are on the same side R-1C to LR-1C-1 � of County Road 15 and are adjacent to the residential B-1 to LR-1C-1 � communities which are developed to the south. The property known as P will be rezoned from R-1C, 1 � acre residential to LR-1C-1, 1/2 acre residential. The property is presently vacant. The owner of the � property is desirous of having the property rezoned to the LR-1C-1 1/2 acre residential. Such a rezoning � would allow for an additional buffer area. The propertyknown as N-2 is presently B-1 commercial and • will also be rezoned to LR-1C-1, 1/2 acre residential. • The rezoning of this property will make it compatible with the residential property to the south. Moreover, � this property known as P border upon the highway and is low land property which would have to be filled in in � order to make the property usable for any sort of commercial site. The village would not allow the � major filling in this area because such filling would result in additional errosion and the deposit of � pollutants in Lake Minnetonka. � The property marked as Q on the map is a west parcel AREA Q � of property that is located on Kelly Avenue, and B-1 to B-3 borders upon County Road 15. This property is to � be rezoned from B-1 Commercial to B-3 Commercial. B-3 Commercial zone will allow this property to be � consistent with the parcel east of Kelly Avenue and both parcels will be developed as a shopping center � business district. Because of the location of this � property at the intersection of two major county roads and also the intersection of Kelly Avenue and County � Road 15, it is necessary to limit the amount of additional traffic that will discharge onto the county � road at this point because the roads are presently inadequate for the development of this property for � uses that are more compatible to the residential zones located to the south of this property. f • The members present then discussed that property AREA R-1 as R-l. The R-1 property is presently zoned B-1 B-1 to LR-1B � Commercial, and will be rezoned to LR-1B, 1 acre residential. The property is presently vacant and • � � � � � � • � � . � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 33 � is contiguous to vacant property to the north and �contiguous to property which is being developed � for residential purposes to the east, south and the west. There is a need to rezone this � property to a residential use because increased commercial uses in this area will result in � traffic hazards on County Road 19. Moreover, • the property borders upon a marsh land area and development of this area as commercial � uses would not be ecologically sound. Moreover, development of this small area as a commercial � use would result in the diminution in value of the surrounding real estate used for residential � purposes. The change to LR-1B will result in additional protection to the environment and • marsh lands in the area which act as a purifica- tion and filtration process for the storn water run- � off in the area. It was noted that the results , Harza studies and the Surface Water Management Plan indicate that to develop areas such as ` these more intensely would result in a massive increase in the pollutants discharged into Lake � Minnetonka • That property known as area R-2 was next discussed. AREA R-2 That property will be rezoned from a B-1 commercial B-1 to LR-1B �to an LR-1B, 1 acre residential. The property is � presently vacant and includes a large marsh area. The property is adjacent to the Old Beach Road � which is a rural residential road with limited ca.pac- ity for additional traffic. Part of the property � is contiguous to County Road 19 and County Road 15 . Both of these roads already are congested and pose • serious traffic problems for the people who live in • the area and travel upon these roads. If this property were to be developed as B-1 commercial, � the storm water run-off would run directly into the Lake Minnetonka or else into the marsh land � which is too close to the lake to allow for adequate filtration of the pollutants in storm � water. Moreover, the site with the marsh land present is almost unusable as a B-1 zone. The vil- � lage would not allow the destruction of the marsh S land because of the ecological and environmental importance of its preservation. The proposed � use of this property as residential would result in its being more compatible with the residential r property now located to the east and to the north of the site. � � � � � • ��Id�TTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page34 The next property discussed was property marked as AREA R-3 R-3 . This property will be rezoned from B-1 commer- B-1 to LF-1B cial to LR-1B, 1 acre residential. This property is approximately 8 acres, 5. 69 acres of this is devoted to marsh land. The area presently has poor access on a dead-end road to the north which is in the middle of a residential zone. This property was originally zoned as B-1 because at one time the road to the north was the major thoroughfare for the area. However, that road has since been closed. The property immediately to the east of the subject property is zoned for residential and is located in another municipality. , That municipality has previously indicated that it feels that a rezoning of the property adjacent to the subject property to anything other than 1 acre residential would be deleterious to the health and welfare of the people of Minnetonka Beach. Minnetonka Beach has recently turned down a request to rezone this land to a more dense use. Moreover, any use of this property for B-1 uses would result in traffic hazards on County Road 15 and traffic hazards for those streets which are nearby in a residential zoneo The property is vacant except for 1 residential home. ' The property marked as area S is presently zoned AREA S as R-1D 1/2 acre, it will be rezoned to LR-1B R-1D to LR-1B 1 acre. The property has been platted into an area of 7 or 8 , 1/2 acre lots. There are 2 or 3 homes which have been developed in the area and the lots will be nonconforming after the rezoning of the property. The Council feels that it is necessary to rezone this property �ecause of the residential neighborhood nearby which is limited to 1 acre development and because the dense development of this property in 1/2 acre lots would result in increased traffic on a residential road. The residential roads in those areas are old and basically inadequate for the present traffic flow. The Council members then discussed the proposed AREA J rezoning of that area marked J on the map. That B-2 to LR-1C-1 area is presently zoned B-2 commercial and will be rezoned to LR-1C-1, 1/2 acre residential. It was noted that the Comprehensive Municipal Guide Plan stated that the village should limit the growth of lakeshore commercial areas and the growth of the uses in existing lakeshore � � � areas in order to protect the environment and water quality of the lake from excessively dense use and in order to protect the surrounding MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Pa�e 35 residential areas from the visual blight and traffic hazards which have been generated by the present B-2 uses. The Comprehensive Plan noted and the Council adopts the policies of the Department of Natural Resources, the Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District as they relate to the use of Lake Minnetonka and the protection of the shore land along the lake. The Comprehensive Plan recommends that these B-2 areas be restored to green belt status, using native trees and shrubs, to depth of 75 feet from the sho�eF�line, in accordance with the Department of Natural Resources and the Minnehaha Creek Watershed District standards. The recommended steps to improve the relationship of these lakeshore commercial sites to the surrounding residential uses and to the lake itself include: 1) the re-establishment of shore land vegetation to a depth of 75 feet from the shoreline; 2) the screening of the buildings and materials in the area from the public road and adjacent residential uses by means of appropriate new plantings of the trees and shrubs; 3) redesignation of approved uses in the lake shore commercial areas to give priority to services such as boat docking, repair and engine service; 4) classification and control of the density of boat storage so as to be consistent with the land available and to comply with the boat density regulations as promulgated by the Lake Minnetonka Conservation District; 5) stop the development of B-2 uses on vacant property or other property used for non B-2 uses. The Council and the Planning Commission Members present felt th�t the excessive stripping of trees and other vegetation from the land has in many cases become total and directly affects the shore land erosion and lake water quality. All limnological studies consistently refer to the fact that the strip- ping of the lakeshore vegetation results in the poor water quality and poor condition of the lake. Moreover, the real estate values of nearby residential properties are adversely affected by the develop- ment of B-2 commercial uses. The Council noted that it would be desireable to retain the natural shoreline as ungraded, unfilled and unexcavated, with its native trees and vegetation undisturbed. However, it was noted that most of the B-2 areas are already completely developed for B-2 uses . �, � , � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 36 � yHowever, in that area marked as J, there still is a considerable area of property which had ` previously been zoned as B-2 but which has been . always used for residential purposes. The Council indicated that it is of an utmost � importance to the preservation of the lake and to the balancing of the use of the lake for � commercial and recreational purposes , that this property be rezoned to a residential zone in order � to preserve and promote the principles heretofore stated and in order to protect the residential � community nearby. Secondarily, this course • of action will serve an additional public purpose of maintaining the natural shoreline appearance � in that area and providing for additional screening from public view the appearance which attends � most marina operations. As it concerns specifically that property noted as J, Mayor Searles noted � that the Special B-2 Committee Report indicated that this area should be rezoned from B-2 to a LR-1 C-1 • 1/2 acre residential zone. By so doing, the • village would be able to stop the spread of the marinas and the blight resulting froffr� that � spread. It was noted that the B-2 areas were originally zoned to allow for commercial uses � to provide services for row boats and for the few motor boats that were present on Lake � Minnetonka. These zones were created to allow for small lakeshore resorts and for the rental � of row boats for fishing. An aerial photograph • as late as 1945 shows no significant dock obstruction on Maxwell Bay in the present B-2 zone � A review of the aerial photo taken in 1971 reveals that that B-2 zone had proliferated to such a � point that the original B-2 area was beyond recogni- tion. It was noted that the original zoning � ordinance created the B-2 zone for limited commercial purposes and to allow resorts to � provide areas where row boats could be rented. � These uses have been completely subverted to a point where now the B-2 areas are used for major � commercial activities with the accompanying deleterious effect and diminution of values � to the surrounding residential property. More- over, many of these B-2 areas have expanded beyond � the limits allowed in the present ordinance and have operated for the most part in flagrant � violation of the village ordinances. It was noted ! that in addition to the above, at the time of the adoption of the B-2 zones, the village Council � and planning commission did not understand the � � � � � . � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 37 � affects that commercial activities would have on adjacent residential properties and on the lake. � These adverse economic affects have been illustrated time and time again by the residents who have � appeared befo�e the council and by the village assessor who has reported to the staff and council r in the past that the nearby residential property • suffers a great diminution in value because of the presence of a B-2 operation. Moreover, the � village Council in the past did not know the extent of the adverse affects that were caused by the � sotrm water run-off directly into Lake Minnetonka without first having been purified. Moreover, � at the time the original adoption of the B-2 zones, there were very few boats on the lake and � there were no problems with boat density or boat ! congestion. Recent studies have shown that Lake Minnetonka can no longer be used by the citizens i around the lake and by those people who are commercially storing their boats for use at the � Marinas if additional development of these B-2 areas is allowed, with the resulting increased boat � density. All the reports point to the fact the pres- sure on the lake presently is too great and that � increased boat density must be curtailed and, • in some cases, ameliorated. Moreover, at the time of the enactment of the original B-2 amendment, � the entire area of Orono had not been developed for residential purposes to the extent that it is � now developed. The northshore drive along and servicing this B-2 area to be rezoned was at one � time more than adequate for the traffic loads in the area. However, now due to the increased develop- � ment in. the area and to the increased traffic . loads generated by the present B-2 uses in that area, the northshore road is totally inadequate � for the present traffic loads. It should be noted that this B-2 area is basically located � on an island serviced by 3 small bridges. The areas that are immediately to the east of the � area to be rezoned are presently developed as residential properties, the area immediately to � the south is presently developed as residential • properties , the area to the west of the present B-2 zone has been residentially developed also. � The present B-2 zone is a pocket of commercial activity on a penninsula serviced by the long � narrow residential road and is surrounded by a residential community. This was not the situation � years ago when the B-2 zones were originally created. The Harza Study and the Surface Water � Management Plan all indicate that intense ��evelopment of this type near a lake results in an increased pollution of the lake water. The � � � � . � MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 38 � spillage o� gas and oil and the tra�h generated by ythese comme�cial uses result in pollution of � the ground water supply and pollution of the lake itself. This pollution is deletarious to the � health, safety and welfare to the people of Orono. Moreover, it leads to the destruction of the � environmental asset which is of inetropolitan . significance. The Metropolitan Council has reviewed the Comprehensive Plan and has acknowledged � that this is the case, that Lake Minnetonka must be protected from commercial , industrial and dense � development which will otherwise result in its destruction. � The Council at this time reviewed the Special B-2 � Committee Report dated November 2 , 1974 , and the . addendum thereto dated November 31 , 1974 , and adopted the report and the facts and figures � of the other reports incorporated therein. Mayor Searles and Councilman Paurus reviewed the ` report and highlighted those reasons set forth therein which indicated that a rezoning is � mandatory in this area. � Mayor Searles summarized the discussion by • stating that in recognition of the foregoing, in order to balance and better regulate the � shore land uses for both public and private use of the waters of Maxwell Bay and of Lake � Minnetonka, the Council recommended that the village support the reduction and the multiple dock lengths � in accordance with LMCD Ordinances, and that the present B-2 area east of the Northstar Marina be � rezoned to a residential classification, LR-1C-1 • in order to protect the use of the lake and Maxwell Bay, especially, for the present and future � generations , in order to provide a buffer zone between the present B-2 operations and the � residential zone immediately adjacent thereto. Moreover, the Council recommended the screening � and restoration provisions as set forth in the B-2 Committee Report as previously discussed and adopted � as part of the proposed zoning amendment. The • Council and Planning Commission recommended that a new marina lincesing and ordinance be drafted � which would set forth provisions mandated by the Comprehensive Municipal Plan and which have been � previously discussed with the Planning Commis- sion and Council. In addition to the parking � requirements which have previously been discussed, the council recommended that in each of the B-2 � districts there be created lakeshore land land- �scaping areas of a depth that is equal to at leas� l00 of the average lot depth, but in no case shall � be less than 25 feet and no more than 75 feet. That � i �. � . �� MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 39 S breaks in this landscaping area for access to the ylake would not exceed an agragate width of 30 � feet for each licensed marina operation. There should be side yard landscaping areas that � are parallel to the side lot line and not within the lakeshore landscaping area or front yard land- � scaping area and these areas shall not be less • than 10 feet deep. There shall also be front yard landscaping areas that are parallel to the street � or opposite the lakeshore landscaping area and these should not be less than 30 feet deep. � One 50 foot wide break in the front yard land- scaping area should be allowed for an access � road. It was noted that a professional � � � � r � � � � � � � � � � � � � � � � � � � � 1 � \ S MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 40 � landscape plan for each of these landscaping areas should provide for a natural woods area containing primarily evergreen and deciduous � trees not less than 6 feet in height. 5hrubs • should be disbursed among the trees so as to eventually provide at maturity a natural � screen that will not be less than 100� opaque during the summer months . This screening is � necessary to protect the adjacent residential property and in order to obscure the blight � conditions that are created by a commercial operation, and in order to enhance the beauty � of Lake Minnetonka and the opportunity for all • people to enjoy that environmental asset. The landscaping area should be used only for land- � scaping and should not be used for any part of the B-2 operations . A privacy fence may be � required in addition to the natural landscaping during the period until maturity of the natural r landscaping which has been planted to meet the reguirements of this comprehensive plan and r proposed ordinance. The Council discussed the • need to limit the hours of operation in order to protect the adjacent residential properties . �� The Council stated that presently restaurants and other uses of that sort were not allowed in the B-2 area. The present B-2 code allows for � the sale of pre-packaged foods but not for the sale of any food which might be considered as • "a full course meal. " Nor does the present code . allow the sale of liquor. The Council felt that any sort of development in a B-2 area for those � uses would be extremely deleterious to the public safety, health and welfare in the area and would � result in a substantial diminution of property values to the adjacent residential areas . � It was noted that one-half to approximately two- � thirds of the area to be rezoned to LR-1C-1 is • presently being used for residential uses . Approximately one-third of the area to be rezoned � is being used presently as a B-2 use. This B-2 use would be allowed to continue as a non-conforming � use. It was noted that the proposed residential rezoning of the area would make that area compatible � with the residential property to the east and south of the area to be rezoned. The Council again stressed the volume of traffic in the area that . is there presently and the additional volume that � would be created by an expansion of the B-2 uses in the area. Moreover, it was noted that the road � � 4 i• � � .' • MKNUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 41 � in that area is narrow and there is a sharp turn in that area where any access point to an expanded B-2 operation would be located. The B-2 commercial activities have previously resulted in the blight • on the area. Moreover, any expansion of the B-2 activities would result in the pollution of the � lake and the visual pollution of the entire area. The creation of LR-1C-1 zone would create an � excellent buffer between the present B-2 uses and the adjacent residential community. The � Council stated that only by rezoning this area . would the village be able to maintain the necessary balance between the commercial and residential uses ( in the area and on Maxwell Bay. To allow an expan- � sion of the B-2 area into that area to be rezoned � would result in the continued blight which presently afflicts the property owners and those people who � desire to use Lake Minnetonka. It was also noted that this B-2 area as it is presently zoned is at � least twice as large as any other B-2 area in the village. If this B-2 area had not been zoned to � such an extent previously, there perhaps would not • be the problems that there are there today. It was noted that after the rezoning of this property, the remaining B-2 zone would be more isolated on the � peninsula would would help to act as a buffer zone . But to allow the expansion of the B-2 uses into what has been developed as a residential district � would destroy any sort of buffer that is presently there and would result in substantial diminution � in property values to those properties adjacent . thereto. Mayor Searles then stated that the Council had relied upon its knowledge of the area, upon the � B-2 committee report, upon the LMCD boat density policy statement of September 19 , 1974 , and upon � the joint Hennepin County-LMCD boat counts , on the LMCD shoreline guidelines , upon the 1945 and 1971 � aerial photos of natural bay and other data in their decision-making process to rezone this area. More- � over, the various limnological studies and the . Surface Water Management Plan all indicate that areas such as these must be restricted in order � to preserve Lake Minnetonka. � It was noted by the Council that the facts that were discussed during this work session did not � purport to include all facts, data and reports that have previously been presented to the planning commission and Council concerning the proposed . amendment to the zoning code, the zoning map and � the marina licensing ordinance. � � �.� MINUTES OF A COUNCIL MEETING HELD DECEMBER 4 , 1974 Page 42 The work session meeting adjouned at 4 : 30 p.m. ADJOURNMENT � • j� '1�2� �-` ��Ki�.� � � Robert L. Searles , Mayor �' � /� _. ..._.. / �f j�, � A t te s t: �� `�- � �'7--� Walter R. enson, Clerk- Ac:ministrator � � i • • • • • • • • • � • • � •