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Item 3
• ` I Item # 3. iffk -�-� River MEMORANDUM TO: Planning Commission FROM: Michele McPherso , Director of Planning DATE: July 8, 2003 SUBJECT: Review Outline of Draft Business Park Ordinance Attachment • • Draft Business Park Ordinance As we have discussed the past two months, staff has prepared changes to the Business Park District Ordinance. We have removed the reference to the underlying Land Use of Highway Business and have added as Conditional Uses daycares,Montessori Schools, and Class I (sit- down) restaurants. Outdoor storage has been added as an Accessory Use. We made no changes to the design standards, as we have heard from the market they are not a detriment to siting a client in Elk River. We are also proposing to change the minimum lot area requirement to one acre,reduce the rear yard setback to 20 feet (consistent with the other • two industrial districts), and to increase the height to 50 feet. Staff requests that the Commission provide input to these changes. Specifically,staff requests that you discuss the pros and cons of the changes and any other conditions,which should be included for the regulation of daycares,Montessori Schools, restaurants, and outdoor storage in this district. • S:\PLANNING\Michele McPherson\PLREPRTS\5-13 Bus Pk Ord.doc Key: • Strikcthrough = language to be deleted Sec. 30-1294. BP business park district. Underline = language to be added (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are Pi= compatible with and complement each other as well as the surrounding land g=1 uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and Q commercial uses are allowed where the land use designation is highway business. 0 (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses,which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Permitted uses allowed when the underlying land use i3 light indu3trial are as follows: • a. Light manufacturing. b. Research and development laboratories. c. Government, business, and professional offices. d. Mail order operations. e. Telecommunication operations. f. Sherburne County fair. g. Warehouse space not exceeding 50 percent of the entire building. h. Showroom space. i. Repair and maintenance, excluding auto repair. (2) Permitted 113C3 allowed when the underlying land use is highway busincs3 arc a3 followa: PF= a. Health athletic club3. n (� b. Pcr3onal 3crvicc c3tabliahmcnt3. Ji_IL, c. Financial in3titutions. (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Off-street parking lots or facilities. (2) Private recreational facilities. n (3) Public shelters and essential services. (4) Retail sales, provided the following conditions are met: • a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. Draft Business Park May 6,2003 Page 2 • b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic. (6) Temporary signs as permitted in section 30-851 et seq. (7) Permanent signs. (8) Outdoor storage, provided that it is located in the side or rear yard, does not exceed more than 15% of the lot, is in a clearly demarcated area, and is screened from public view by opaque fencing, berming, landscaping, or a combination • thereof. The outdoor storage area shall not reduce the amount of required parking or greenspace. Items stored shall be related to the business and shall not exceed the height of the screening. (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Conditional uses ...- _ - --- -- -- _ --- .. _ . - . :B.- :- -.. are as follows: a. Warehouse space exceeding 50 percent of the total building floor area up to a maximum of 65 percent. b. Vocational, technical and trade schools. c. Loading areas/overhead doors when located in front yards. d. Aboveground storage tanks. e. Government buildings and facilities. f. Daycare and Montessori schools provided that they are located in a freestanding building and adjacent to a collector or arterial street on the outer edge of the business park. g. Class 1 Restaurants provided that they are located in a freestanding building and adjacent to a collector or arterial street on the outer edge of the business park. Such facilities shall not exceed in lot area 5% of the net business park land area. 410 (2) Conditional uses allowed when the underlying land use is highway busincss arc a:, f ollows: a. Hotels and motels. Draft Business Park May 6,2003 Page 3 • b. Licensed day care facilities. c. Retail shops and stores which complement and serve the business park, subject to the standards set forth in subsections (c)(1)e and f of this section. d. Motor vehicle specialty service stations. e. Loading areas/overhead doors when located in front yards. f. Class I restaurants. (e) Additional standards. The following additional standards apply in the BP district: (1) Loading spaces and overhead doors. a. Loading spaces/overhead doors shall be located in designated rear yards and secondarily in designated side yards. Loading areas/overhead doors shall not be located in designated front yards unless approved as a conditional use. b. Loading spaces and overhead doors shall be designed to be compatible with the principal building.Architectural techniques and landscaping shall be employed to reduce visual impacts from adjacent properties and roadways. (2) Dumpsters and refuse enclosures. a. All dumpsters shall be completely screened from public view by using enclosures constructed of similar material as the principal building. b. Refuse enclosures shall include gates and be located in designated rear or side yards. (3) Rooftop or ground electrical equipment; signs. a. All utility equipment shall either be: • 1. Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; 2. Painted to match or complement the building structures; or 3. Incorporated into an architectural design, as approved by the building and zoning administrator. b. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: 1. All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. 2. One on-premises business wall sign per occupancy,not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. (4) Exterior building finishes. a. It is the intent of the city to promote and encourage high standards of creative architectural design in the business park district. b. In the business park zoning district,the following are acceptable building materials and finishes: 1. Brick. 2. Natural or cut stone. 3. Integrally colored split face (rock face), burnished, or glazed concrete masonry unit (excluding plain or painted). • 4. Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, plain,uncolored, or raked finish) or specially designed, cast-in-place concrete. Draft Business Park May 6,2003 Page 4 • 5. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion-resistant design. 6. Stucco, E.I.F.S., and other cementitious coating. 7. Wood,provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, and/or cypress. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street,public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code,whichever is less), neither of which are to be concentrated in any one location,unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or • more acceptable materials shall not apply to the loading dock wall. d. Major exterior surfaces that are adjacent to any public street,public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof),with at least two feet of such change to be in the entire height of the facade. e. Alternatively, exterior wall surfaces are to be designed with architectural interest through multiple design techniques such as, but not limited to, architectural forms,reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes in parapet elevations.The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c of this section shall require site plan review and approval by the city planning commission. f. The building shall be designed so as to prevent the appearance of straight,unbroken lines in the horizontal and vertical surfaces. g. Main entrances shall be emphasized with a complementary material which is different from the primary building material. h. Garage doors shall have a color that matches or coordinates with the building's primary body color. i. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from the adjacent public street, public path/trail, or adjacent residentially zoned property at the same elevation of the first floor of the building. • (5) Landscaping.Notwithstanding the provisions of subdivision IV of division 5 of this article,the following requirements shall be met: Draft Business Park May 6,2003 Page 5 • a. Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. b. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. c. Underground irrigation shall be installed within the front yard and all landscaped areas adjacent to a public right-of-way. (Code 1982, § 900.12(16); Ord.No. 00-11, S 1, 6-19-2000; Ord.No. 00-16, §§ 1--3, 9-18- 2000; Ord.No. 01-13, S 1, 8-20-2001; Ord.No. 02-01, § 1, 1-22-2002; Ord.No. 02-04, § 2, 4-15-2002) Secs. 30-1295--30-1310. Reserved. Subdivision II. Dimensional Regulations Sec. 30-1311. Principal structures. Principal structures shall comply with the following dimensional regulations: TABLE INSET: Building Setbacks Zoning Minimum Lot Front Side Rear Maximum Maximum District Lot Width Setback Setback Setback Lot Height Requirements (feet) (feet) (feet) Coverage • I-1 1 acre 100 feet 30 25 20 40% 45 I-2 1 acre 100 feet 30 25 20 40% 60 BP 1 'h acres 35 20 38 40% 45 1 acre 20 50 1 Must hook up to city sewer and water if within the city sewer district. (Code 1982, § 900.18(1)) • • LAND DEVELOPMENT REGULATIONS §30-1292 Sec. 30-1042. Accessory structure setbacks. Accessory structures shall comply with the following dimensional regulations: Maximum Front Setback Side Setback Rear Setback Height Agricultural District (feet) (feet) (feet) (feet) - ces Buildings C-1 No limits 45 0 — C-2 15 10 10 0 — C-3 25 10 10 35 0 — Swimming — 0 — poolsl 1 Swimming pools shall be set back . I um of eight feet from the side yard and rear yard lot lines and must comply with the requi ront yard setback as per this subdivision. Swimming pools must be completely enclosed with . • ..ague chainlink or equivalent fence at least four feet high with a lockable gate. (Code 1982, •;..18(2)) - . 30-1043-30-1291. Reserved. DIVISION 8. INDUSTRIAL AND BUSINESS (4) Wholesale businesses. PARK DISTRICTS* (5) Medical, dental, and optical labs. • Subdivision I. In General (6) Light manufacturing. (c) Accessory uses. Accessory uses in the I-1 Sec. 30-1292. I-1 district. district are as follows: (a) Purpose. The I-1 district shall serve as a (1) Retail sales, provided: transition between more industrial uses and res- a. The retail sales activity is not lo- idential and other business uses. This district is cated in an administrative office fa- appropriate for manufacturing,warehousing, and cility, but is located within a busi- similar industrial uses because of access to ware- ness, the principal use of which is housing, thoroughfares, the full complement of not commercial sales. urban services such as sewer and water, and distance from residential districts. These areas b. The retail sales activity does not are intended to encourage the development of occupy more than 15 percent of the industrial uses which are clean, quiet, and free of gross floor area of the occupied guar- hazardous or objectionable elements such as noise, ters. odor,dust,smoke,glare,or other pollutants.These c. The retail sales activity is accessory industries shall be compatible with each other to the principal use. and with surrounding land uses. d. No sign identifying the retail sales is (b) Permitted uses. Permitted uses in the I-1 visible from the outside of the build- district are as follows: mg. (1) Offices. (2) Temporary signs as permitted in section 30-851 et seq. (2) Warehouses. (3) Permanent signs. (3) Research/design facilities. a. One permanent area identification • *Cross reference—Licenses and business regulations,ch. sign per neighborhood, subdivision, 38. or development not to exceed 64 CD30:133 • 30-1292 ELK RIVER CODE square feet in sign area. The area monopole structural standard • identification sign shall be located and shall have underground wir- on the same premises as the devel- ing. opment it identifies. 4. The base of any advertising sign b. One on-premises freestanding busi must be landscaped with at least ness sign per premises,not to exceed grass and must be properly two square feet in sign area for each maintained. linear foot of street frontage up to a 5. Advertising signs shall not ex- maximum of 64 square feet. Such ceed 400 square feet in area or signs shall not exceed a height of 20 25 feet in height as measured feet.Where a lot has in excess of 300 perpendicularly from the height feet of street frontage,one additional of the highest point of the sign freestanding business sign will be structure to the grade level di allowed. These signs shall be subject rectly below the sign.The exist to the size and height limitations of ing grade may not be altered the first allowed freestanding sign for the purpose of increasing and may be placed no closer than sign height. 150 feet to any other freestanding 6. Advertising signs shall be con- sign on the same premises. All free- sidered a principal use of the standing signs shall have a mini- property. Existing advertising mum setback of ten feet from any signs must be removed when • public right-of-way measured to any the parcel upon which they are portion of the sign and a minimum situated is devoted to another clearance of eight feet above any principal use. vehicular use area and over any pe- 7. The city shall perform a yearly destrian use area. inspection of the advertising de- vices to ensure compliance of c. One on-premises business wall sign the advertising structure with per occupancy, not to exceed two the provisions of this subdivi- square feet in sign area for each sion and other provisions of this linear foot of building frontage,up to article. The fee for the inspec- a maximum of 128 square feet per tion shall be set by the city occupancy. council by resolution. d. Advertising signs, which shall only 8. Such advertising signs shall only be allowed subject to the following be allowed in industrial zoned requirements: property adjacent to the right- of-way for State Highway Num- 1. Off-premises signs are prohib- ber 10 and State Highway Num- ited within 100 feet of the in- ber 169. tersection of the highway right- of-way and any other right-of- (d) Conditional uses. Conditional uses in the way or driveway. I-1 district are as follows: 2. Advertising signs are prohib- (1) Outdoor storage area accessory to princi- ited within 1,200 feet of an- pal use. other advertising sign on the (2) Single-family residential dwelling units same side of the right-of-way. accessory to principal uses,provided that: S3. All advertising signs shall be a. The nature of the principal use of erected with a single pole or the property makes it necessary or CD30:134 5 LAND DEVELOPMENT REGULATIONS § 30-1293 highly desirable from both the prop- fore automatically expire if the prin- erty owner's and the city's perspec- cipal use of the property changes or tive to have a 24-hour-a-day care- the ownership of either the property taker or security person reside on or the principal use of the property the property. changes. b. The proposed dwelling unit is de- (3) Recycling processing centers. signed for and will be used exclu- sively by caretakers or security per- sonnel responsible for the security of (5) Ministorage. the property and the principal use (6) Water/sewage treatment. thereof. c. The proposed building unit will be (7) Auto repair shops. occupied by no more than two per- (8) Grain and feed elevators. sons, neither of whom may be under (9) Sexually oriented land uses. 18 years of age. d. There will be only one dwelling unit (10) Temporary structures. per lot or, if one principal use is (11) Government buildings and facilities. located on several adjoining lots, per (12) Broadcasting studios and facilities. principal use. (13) Truck and implement sales. e. The proposed dwelling unit will not exceed 800 square feet in size and (14) Commercial kennels (indoor). Swillbe located within a building serv- ing (15) Commercial recreation (unplatted land the principal use of the property only). which is no less than 10,000 square feet in size. (e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) per- f. The principal use of the property is taming to building finish and subsection 30- not of such a nature that it would be 938(3) pertaining to roofs applies to this district. dangerous or hazardous to residents (Code 1982, § 900.12(14)) of the proposed dwelling unit. g. The proposed dwelling unit meets all Sec. 30-1293. I-2 district. other requirements of this Code and (a) Purpose. The I-2 district is intend-. to Minnesota Uniform Building Code accommodate more intense manufactu • g and for occupancy as a dwelling unit by a processing than would be allowed in - I-1 dis- single family.The city council may,if trict. Proposed uses would include •anufactur- it finds it necessary to do so for the ing, production, warehousing wi heavy truck protection of the health, safety and traffic and other uses which m generate nomi- welfare of persons who may occupy nal off-site impacts. the proposed dwelling unit, impose additional reasonable requirements (b) Permitted uses. P: itted uses in the I-2 or conditions on the construction and district are as follows: use of the dwelling unit. (1) Offices. h. The conditional use allowing such a (2) Wholese businesses. dwelling unit in an industrial zone is deemed to be unique to the principal (3) Lig. manufacturing. use of the property and the owner- (4) '- arehouses. S ship of the property and the princi- pal use.Any conditional use permits (5 Auto repair shops. granted under this section shall there- 6) Bottling and distribution. CD30:135 I Ile rrv,MCI rlc,,vlrelo ...� y.,. vu, 11V OM.. - ""'D ••••••••••••••••• -••� �■ .� a variety of e-mail conservation, ... Why the difference? Although the long dry spell — metro area saw little rain. Il. 11 rom a Reasons for the dispari 'Y, Some rain amounts: 0 Friday e g business- keeping but the biggest factor is aiby WATERING RESTRICTIONS,6B Tigr week-in-review mailing smaller cities to conserve wa er in Minneapolis .03" to a daily breaking case of an emergency. ' St.Paul .18 move news update. Register emergency "Our primary goal is to always On Page 8B:Campfires restricted St.Cloud .01 for your free have drinking water and, in case of in tibowdown area of Superior Warroad 29 B1 subscriptions at an emergency, have sufficient National Forest. needs at the reserves to fight a fire, said Tom Online:Read more about the International Falls .09 www.twincities.com. � " Windom 1.43 Click on News by Email to Ozzello,Woodbury utility supervisor. hot life in the Weather Weblog at The WE select from seven topics. forefront. Woodbury conserves water by www.twincities.com. ditionally the year between t .-� SOUTH ST. PAUL programs ''-am';..''x' :' " But it 1 • • . :,, i ;w. ; neapolis, Council turns down road extension all public ' k `: ' : week in ai ;'w tirY ', "Some) �,� fig '".max Y '"# pened in i dealing blow to developer's plans y^,`;;h , ' lic Librar3 }i „ill `,••""'-i* � r it has hal F>./,:.. ,;"- p°LIS 1 ' ' -i during the 3' BY BRIAN BONNER day night not to construct a 700- went to court to stop the develop- i• 3 ., ' _- • " . Out of Pioneer Press foot extension of a road around ment.The housing plan was also �- s`. . ONO ' be the cit which Danner had planned to opposed by Minnesota Depart- ,?`;,....t ‘,.j q ,., library, al Marley Danner had hoped to build many of the new houses. ment of Natural Resources offi ,,,1-f :,,f;', . '' ,T :" the Bookn ,1:::';r:,- -3. r _ The build 20 new high-priced homes The vote to nix the paving of cials,who said that construction - '' �. .-'.A.1,. <; : . (wwwmpl on a scenic river bluff near the Evans Avenue,between Stanley in the steep,heavily wooded iota- "�.+:'; -�,�, ..,r,?:-- L �* ;�:�... h��', .�-,,� , Mississippi Riven For the fore- and Outlook avenues, kills for tion could irreversibly harm =..!, -i3 t� ,_ "' `. -'`'sY ,, n', operate,is seeable future, however, the now Danner's plan to build in an runoff and wildlife in an area - =< `.`" i = =-<- -' f ' `' system a developer is merely the owner environmentally sensitive corri- protected by state law. GINGER PINSON,PIONEER PRESS FILE PHOTO option to of a couple of acres in a thickly dor known as the Mississippi The vote represents a rever- A City Council vote Monday derailed Marley Danner's disabled. wooded ravine. River Critical Area. sal in the city's position. Last development plans in South St. Paul. In 2001, Danner for born That's because the South St. The decision is a victory for a deployed pigs as weapons in a different development Paul City Council voted 6-0 Mon- group of area residents who ROAD EXTENSION,3B dispute with Inver Grove Heights neighbors. LIB 1 ;'t:t S ,.z Road selling price appears realistic.A Development short distance away, the city is of land blocked • selling 14 lots (outside the see- extension cial environmental zone) for The South St.Paul City Council Hea even higher prices as part of the voted 6-0 Monday night not to • Wilson Heights development. pave Evans Avenue. Developer (continued) During Monday night's City Marley Danner had hoped to build homes alongthe east side Specie Council meeting, Danner noted of the avenue,wich is part of isyear,a different City Council led last year's support from the pre an area protected by state law as ,, a " by the previous mayor endorsed vious seven member council, an environmentally sensitive the project. But a year of five of whom remain on the cur- location. s the ger intense criticism and litigation rent council. Proposed construction area —some of which is still pending "I think it's your obligation to P populate —changed minds. give me that street," Danner ages, the Danner is not going to give said. "The other council �r ' `-,. .. demand for thera up the fight, however. Shortly approved this road project. I ,r • -,..-;•,, services will incre before the City Council's vote, ,guess I want to know why it's - '- �' This is good ne he suggested that further litiga- being eliminated." - k- 4, -10.4,,, physical therapist tion is possible. "I'm not walk- City Attorney Roger Miller ButlerAve.400 d?r �, �, tants and aides. 1 ing away from this thing,"Dan- gave the answer. He said that, �` 4- professionals heli ner said in a telephone since the previous council'svote, officials became more cal therapists interview• aware of the restrictions to ' Q ST.PAUL services that h pro elp building in the Mississippi River .‘e•-`-•/ a N improve mobility "It's good for the Critical Area. Miller said the ' •�- ,� pain, and preven EramleS'st limit permanent project could still theoretically DAKOTA communit• to look at "- , cal disabilities of y happen, assuming that the new thompsopkie COUNTY houses do not substantially dis- - patients Bufferin€ the environmental turb the ravine's slope. A Nov. PIONEER PRESS injuries or diseas 20 ruling by District Court Patients may it effects before you Judge Martha Simonett made it accident victims, clear, Miller said, that the road mental effects before you make people with disal make changesyou and housing projects are linked changes you can't reverse." conditions, such and would require a formal The Mississippi River Criti- back pain, arthri can't reverse." study of their environmental cal Area is a 72-mile corridor tures or head inji effects. ' that follows the river through Assistants help 411 ; BETH KERB Residents are not yet declot the metro area, encompassing procedures and i River Ravine Rescue ing victory. Beth Kerr,part of a some 54,000 acres of adjacent the patient's rest to treatment.group of neighbors that formed land. While development is not est River Ravine Rescue,is worried prohibited in the corridor,a 1973 for c Most of banner's 20 lots are that Danner will find a way to law provided for joint state and responsible in the special environmental build the homes incrementally. local supervision to minimize treatment areas corridor. Stil,Monday's vote was a turn- environmental harm. and organized, a He had hoped to sell the lots ing point. moving patients. for $60,000 apiece — a total of "I don't know if it's winning," Brian Bonner can be reached at Because they are $1.2 million — on land he said Kerr said."It's good for the coin- bbonner@pioneerpress.com or licensed, aides d he purchased for $150,000. His munity to look at the environ- 651-228-2173. !� /U� perform clinical (/ [/ Healthcare BLOOMINGTON • a• 421 Careers �in ]1 Siding i ''n g ADMINISTRATOR Police investigate Jam/1 Uu l��J auric Site Administrator Why 299900 A airy g mel clinic death of 3-month-old ,., cia ty medico) clinic Paint. is searchingg for a U to 1000 chmc Srte Adminis- p trabr of o 49-ph si- ` . •` MM ':b Sq Ft uan site locabdy{n ,ti , `�� .. • central Minnesota Bloomington police were „,• r,• a- The qualified Minnesota } - .;,, 1„ , BENEFITS dot 5 must have a investigating the death of a 3 1101e __-_ k 6acRp lots Degree in /� --.Its ' *Lifetime Warrany health are or leve n / — \ = tit q month-old boy Tuesday night �_ i *Adds Value�Beauy pes�, five yearsS<��0. - _=___ _��, •athcare mann e-===_ *No Maintenance entex eri nail m a after being called to a resi- � � __._-______- __�_,____v� ., r� p1 _ -- — — -_ m'.il.. *No More Painting) clinic have and dente on a report of a child r., ; +'4 est have strong lIJ _� .0 leadership and or- not breathing. k,'.'` � _i INCLUDES ganizafianal ,k u5 to �I. "__� - +v' coordinate the r r- Mie;;.--•;�.„- ,..- t-..,'; _ *Premium Vinyl c?or of the clinic Police received the 911 call E'- - ,,;.a��.� ,.i,,_ -",-�5--' -~ fix,: , = *Installation srtq Interested can- about 8:30 m.and responded i.�,••,_; _ - �.�y =T�'`_ di ares s as reply p• Pe► ,.- -= x *Clean up d�Haul Away by g-26-24003 to to a residence near 82nd 41:' it Taxes&Permits Executive Administrator Street and Second Avenue � 51�a' �' f w< (eetrafare Flit • South. Efforts to resuscitate 03CallTod ayl i 00 6th Ave N • St Cloud MN 56303 the child were unsuccessfulHOME Mtrocare co IMPROVEMENT,INC. 651-659-9888 llf cenEOE/rAAom —Bill Gardner R Siding,Windows is Mon_ • ',:i Minnesota License 55336 Quantities Limited - !- + t 0 ** StarTribune Sunday,M, w -moo? 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Photographs by Tom Sweeney/Star Tribune Linda Johnson and her day-care kids returned to her home from a nearby park.The dead-end road ahead of her borders her 21/2-acre • property,at right,and was Intended to connect to a large housing development that Is now mostly on hold.She and other neighbors worry about the density of the growth and the heavy traffic it could bring:"My kids wouldn't be able to ride bikes in their own neighborhood." ' out the welcomeoz.:47:.:_i:',,:i!.4.. ki:,.. :,,- , �Rollin mat < .,„ rp' r' ,.. .�. '..t'AN i ■ it �o roll back— and tr in tup .;. . m ,„y, 4 . m -1*.3 By David Peterson a .,-.,•" € has cost him as much as i new faces into office. 3 '-';- �'t `t ':v' �, Star Tribune Staff Writer $1 million. "Some units of government ,.` - ° alt= � t,• -J.-- 4r On Thursday, the Minneso- follow the law and treat every- ` i Hirt e''fi-, Linda Johnson takes care of to Court of Appeals will hear one fairly," said Bruce Malker- 4,i''/. ''.'2., .itiv� 3 12 children in a home day care oral arguments in the case, son,a leadingreal-estate attor- ,,,,,_„1:.:,3 t- _ GD`'L �� out in the country.The streets with a decision expected by the ney, "But all too often a group ,,Anplta-G©pnty . �-• are so quiet that she doesn't end of the summer. of rogues do what they want, Area Ala fence. Hanover is not the only when they want. I have found shown ne of my biggest selling place where this kind of con- in my experience that manyat p„ nts is the room the kids flict occurs.After first planning units of government impose Hennepin have to run and play,"she said. for fast growth, city after city moratoriums in situations that ,County-'_ ' "The parents love that." has imposed moratoriums on I do not believe are allowed as a ,_-'.',•" Twin elfg - So it scares her to think growth after upset residents ei- matter of law. `=01 Cities"'_ Ffi what might happen in the ther storm City Hall or — as meadow next door: Hundreds they did in Hanover — vote HANOVER continues on B9 of new homes, followed by 4:- " ' hundreds of cars, turning her .- "'{ = ;c- __ •=."? 'A;,,.',::x;';`• peaceful haven into a danger- .- ous thoroughfare. _�'»",'`,`- _ y'yM:e`° ;, The rebellion that she and _;,:fit; �,;1', hzt ,. '. "`a ,i;#4- her neighbors in Hanover _- I ia- f;-S�; . -- - ! ',':..,_, -PA,:; 1,`� ' launched when they heard of - . - - " .''w :,. ..,r,,.,,,•,4, -,, ; ,� tr ��� ^., the impending development - =--. `: .=: ^, "a'x„'`''. � could windup affecting the en- - -; • - -, ,', -�' '' -'r, r .'., _1� ,1^-;” VA"' 1 4 ''f-,r`�, }'r^'''�"€," Ply`` 4,,,,,.,,,.-_,._' `,,r(., r3,.,,4 ",,,,-:- - '�_' t5 :, +4 t" '" ry`r � 4 ,, ,1. i",ti, . ,•F, r +'.'y,.k iMryit tire metropolitan area. �;:,,r.. Y..,,,7-0,,-;,:,,A.,,,-'' •'�' r• - -�����°' - ���' �" For now, the Hanover de- ,K': '..,,,-,,.,_:::#t � ,,,,` 4^,,,,' ,�"'M�w `5rt a•,ti - s '*.-"ty,-- " velo ment is on hold;residents [" ' P :ir',�x_n }" :,,,.-4,,, ..- , .cam. F-4V.;' ; - _ changed the balance of power �3, E "'' :' ','' `,-- t....,. .1- v,3 -; ,'-k; ;=w ";t'," f, enough on the CityCouncil ;;:1;':.'',;,3,,,,,.,,_ r _ ..sq..-,-" -';3- _ ,v= . `-';Y _40, -' = council promptly ,_;. ;, 4.:";=ys,:; = „ti, r 4 'fi.' '? y`; ,, , __ that the new P P Y ''t;3, ,r,(,. _ - ,ti,,' • �t _ slapped a moratorium on k;,l - ?,; y-` , • - ._, '�s, W, "," : �-'-,. ' ,ir",4 ; growth. ..................... • .'- �.�. "` . .6.„,,,,o&-_' The developer, believing a In a development by Semler Construction,some units were built before the city—under newly elected deal had been broken, sued, leadership—imposed a moratorium.Now the streets in that phase end abruptly at barriers.Plans had claiming that the moratorium called for 368 homes and 100 townhouses to be phased in over eight years. • HANOVER from B3. A: ' . '"--"t7-,:;1 -; '''`""' . . 4, '°' t;--if...; feel that improper or unpopu- ?r ;, ,, •• ' &,�"`"` lar decisions by city councils s x,,,, � '0?",,,.-r.‘,44.• fy * , threaten the stability of their Residents objected to density ; ' " ' �- �" . .w :� :�.: >.r_ , communities. homes ,,,] evw,"^' ` . "You went by the school on of homes in exurban meadow ' ilill • , the way out here," Johnson ";'", _ '",',,,',,„..t':-...- :'",,.<•, ." 1. •y"-.i.4 W said."Did it look bigenou h-to • " :� hold huge numbers of new stu- Most often, developers say, "I'm probably the only *, " H •.M"kms .•,,4 ,4,,-" ,4,?7w ;,; -,,,,, , `x- 44; ,.x, dents?" And with heavy traffic they dare not sue, even when three year planning commis •Ys'g,, • ,' .".;,.. ,• �,-. E - ,. _: ;.• ;• ,. "74.:,, ," , "':•;• - -,, --;'4',',•• •••,‘'-,.,' " -: r and no sidewalks, "mykids theythink theyhave the Sion member who has never ,- , A•, �',. � �,_` fl ,� „ �; : :•.*r,,- d � wouldn t be able to ride biles grounds to do so. planned anything, said Jim • -•N.M':� .•M -,,•,•VI'.‹,';, " • "We have a saying," said Stromberg, who heads the rte;=`""''=r �`"'' � '"'';• • ' ,y v,' ",''1 in their own neighborhood."_ _ „ ,.. �,��, :.;a�;- �.?s..� �' , asp, • .� 4 ,� rx, • ill ,• . _ . , , • t backs developer in dispute with HanoverCour ��r,m .,�p=���;n���n'�l��� r '''' 't••1k,,,;41,40;4' The ,fir , ruling:The City Tuesday. ing life more volatileu� ,1 Y . *."' o e for devel- do that" `°^' 4' �, The panel told the city of opers and city councils alike. In November 2000,voters in `:' =fir--;; ,, s •.00, ,-, Council didn't have Hanover, a small community "We see more and more Hanover changed the balance " " m-r' ryi'' . - the right to reverse on the western edge of Henne- communities considering no- of power on their council afternaer?;'moi_ ,;: � in County, i''F7`�•1ti�assan ' p ty that local leaders growth or slow-growth initis- council members approved :';� ��.�hpltw_,, M�pa�i�rttr.,�ue.• the prior councils had no right to revoke the pre- tives, using a variety of tools, plans that would have tripled kw' �r,lianoveT T.,,, gig' liminary approval of a housing said Remi Stone, public policy the city s size within a few v:4;- -,;,4� '.4- initial OK of a project. project that had been granted director for the.Builders Asso- years.The new council slapped <64,-;k3 -Zoiavli, ,i; , ,,, by the previous City Council. ciation of the Twin Cities. 'a moratorium on the develop- ;7 ivt�ee��;;:4�_`�� _F;.�.;�r,�D,�ti�:,.'- � se©;� By David Peterson The newer council had been "We believe this case is im- ment plans, a move that >0 ''2., , ,9- ''-'N_____rf , Star Tribune StaffWriter elected as a result of a citizen ' portant because it sets a duet- Semler Construction, of Ando- Area effort to stop plans to build tion that we as a region have an ver, said has cost it more than k Cities must honor their hundreds of new homes. obligation to continue to ac- $1 million. "; `,yew shown commitments to developers The dispute has been de- commodate new residents that ' ' `='` even if the local political cli- scribed in recent months as a are coming here.You can't just RULING continues on B5• 11011)0010e,.,1-w;! • • mate no longer favors rapid key test of local powers in an . say, 'not in my back yard,'and —Judge:Preliminary approval y ; ,s � growth,an exasperated Minne- era when congestion and other elect a new city council to isn't like a preseason NFL ' YW%� !,,,,-.,,..-- sota Court of Appeals ruled growth-related woes are mak- prove your point.It's not OK to game(which doesn't count). gti:``• .r��x RULING from B1 mean it's like a preseason NFL ously disappointed with court's hardt was equally tight-lipped, ' _ • game that doesn't count, he decision and will take a look at saying only that the opinion Preliminary added. it and consult our client before was "well-reasoned, well-writ- The city had prevailed be- deciding what to do next." ten and frankly what we ex- OK seen as fore a local judge, Dale Mosey in Wright County — the city to OptionstheMinnesota include anSupreme appeal petted.We were verypleased." commistraddles the Wright-Hennepin Court,he said. DavidPeterson is tment border. But the Appeals Court Semler attorney David Len- dapeterson@startribune.com. reversed that decision and told Writing Tuesday for a three- the city to deal with Semler in - judge panel, Appeals Court good faith, adding that Hano- Judge R.A. (Jim) Randall was ver could face financial penal- . withering at times,using italics ties if it fails to do so. to emphasize his view that one Stone said it was clear that of the city's key claims "should attorneys for the city had to not even be in dispute"and say- "stretch" to find legal reasons ing that other city arguments to justify what was essentially a were beyond the court's corn- political decision. The area's prehension. homebuilders are "thrilled" In essence,he wrote,the old with the decision,she said. council's grant of preliminary George Hoff,an attorney for plat approval was a major com- the city, said he would not mitment. Just because it's comment on the case other • called "preliminary" doesn't than to say that "we're obvi- *_•,