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HomeMy WebLinkAbout08/11/2004 P&Z Minutes CITY OF L I NO LAKE S PLANNING & Z O NING BOARD MINUT E S DATE : August 11, 2004 TIME STARTED : 6:33 P.M. TIME ENDED : 9:21 P.M. MEMBERS PRESENT : Hyden, Pogal z , Rafferty, Root (arrived at 6:50 p.m.), and Tralle. MEMBERS ABS E NT : Lane. STAFF PRESENT : Jeff S m yser; Michael Grochala; and James Studenski I. CAL L TO ORDE R AND ROL L CAL L Chair Rafferty called the Lino Lakes Planning and Zoning Boar d m eeting to order at 6:33 p.m ., Augus t 11, 2004. II. APPROVAL OF AGENDA Mr. Pogalz requested item 5C be m o ved to item 5A. III. APPROVAL OF MINUTES: Jul y 14, 2004 Chair Rafferty requested his statem ent on page 9, third paragraph be deleted and replaced with the following: Chair Rafferty stated sta ff had done an excellent job in trying to help the City a l o ng with the com p rehensive pl an, which was approved and now staff was asking to look at things that ne eded to be adjusted. He noted he felt there was confusion at the City Council level and th e City Council needed to com e to the conclusion that they should work with staff on any com p r e hensive plan changes or am endm ent s . Mr. Pogalz m a de a MOTION approve the Ju ly 14, 2004 Minutes as am ended and was supported by Mr. Tralle. Motion carried 3-0. IV. OPEN MIKE Chair Rafferty declared open m i ke open at 6:38 p.m . There was no one present for Open Mike Mr. Hyden m a de a MOTION to close Open Mi ke at 6:39 p.m., and was supported by Mr. Pogalz. Motion carried 3-0. APPR OVE D MINUTE S Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 2 APPROVED MINUTES V. ACTION ITEMS A. CONTINUED PUBLIC HEARING for Condi tional Use Permit/Planned Unit Development/Preliminary Plat for Marshan Townhomes 2 nd Addition, a 23-unit medium density residential development, NE corner of Lake Drive and Aqua Lane Staff stated Hokanson Development had subm itted a request for a conditional use permit for a residential planned unit developmen t (PUD), and development stage plan (preliminary plat). The subject site is four acres of property at the northeast corner of Lake Drive and Aqua Lane, adjacent to th e existing Marshan Lake Condominiums. A PUD is required for multi-family development in a shoreland area. The site was rezoned to R-3 earlier this year, making it consistent with the comprehensive plan. The P&Z opened the public hearing at th e June 9 meeting, continued it to July and then closed the hearing. The application was then tabled to the August meeting to a llow the applicant to make design changes. Staff presented their analysis. Staff was recommending approval subj ect to the following conditions: 1. Additional right-of-way shall be dedicated to Anoka County to total 60 feet from centerline for Lake Drive (CSAH 23). 2. The right of access shall be dedicate d to Anoka County along CSAH 23 on the final plat. 3. A new landscaping plan shall be submitted with the following changes three weeks prior to City Council cons ideration of the application: -change Colorado spruce to white spruce 4. The final plat must include larger indivi dual unit lots to ensure that the eaves and any building projection meets the property line separation to meet fire protection requirements in the building code. 5. A revised preliminary utility plan and pr eliminary grading must be prepared and submitted three weeks prior to City Council consideration of the application. The previous submittals are void due to the revised layout of the project. The City Engineer’s comments in the July 9, 2 004 memo and the August 6 memo must be met to his satisfaction. 6. Park dedication shall be $28,170. 7. Existing buildings on the site shall be removed. 8. The existing well and onsite septic system shall be properly abandoned. 9. Brick or stone veneer base shall be in cluded on all four sides of the buildings. 10. The project shall not be final platte d until 2005 to comply with the growth management policy. 11. Approval from the Rice Creek Watershed district for this new layout shall be obtained. Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 3 APPROVED MINUTES Mr. Pogalz asked if there had been any furthe r progress regarding the park dedication fee. Mr. Smyser replied he had not discussed this with applicant, but staff was continuing to recommend the park dedication of $28,170.00. Chair Rafferty invited applicant to make comment. Ron Fuchs, 9174 Isanti Street NE, Blaine, stated they woul d like to move forward and they had done everything they had asked to do and were willing to work with staff on the color scheme. With respect to the conditions of approval, he stated they were working with the Rice Creek Watershed and the cha nged plans submitted to the City would be reviewed by the Rice Creek Watershed District in the near future. He stated he believed they would get the approval of the Rice Creek Watershed Distri ct. He stated they were still working on the park dedication with staff. With respect to condition number 9, they were in agreement with a stone or brick veneer face. Chair Rafferty stated he had been in contact with staff and Mr. Hokanson regarding the color scheme and believed this size of a development would not warrant a variety of colors. He suggested they attempt to do the nor th and south edge of a darker color with a lighter accent with the interi or units being the opposite. Mr. Root arrived at 6:50 p.m. Mr. Tralle stated he did not have a problem if they changed the color scheme as long as there was a variety of colors and not just one color. He thanked applicant for addressing his concerns. He stated he liked wh at he saw in this development now. Mr. Pogalz thanked applicant for working thr ough this difficult process with them. He asked what the price range of the units woul d be. Mr. Fuchs replied the price range had not been set as of yet. Mr. Root also thanked applicant for working with the P & Z Board. He appreciated the improved landscaping and had no objection to this development. Chair Rafferty agreed the development had evolved for the better a nd this was a nicer development for the existing neighborhood and the City. Chair Rafferty requested a conditi on number twelve to read: 12. Review of the color and schemes to be approved by staff. Mr. Pogalz made a MOTION to recomm end approval of the Conditional Use Permit/Planned Unit Development/Preliminary Plat for Marshan Townhomes 2 nd Addition, a 23-unit medium density residential development, NE corner of Lake Drive and Aqua Lane subject to the 12 conditions as outlined and was supported by Mr. Tralle. Motion carried 4-0. B. Final Plat for Marshan Estates, 5 Lot Residential Subdivision located adjacent to Marshan Lane Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 4 APPROVED MINUTES Staff stated Marshan Estates is a 5-lot residential subdivi sion located adjacent to the existing Marshan Lane. The project also in cludes six outlots whic h are intended to be deeded to adjacent property owners to co rrect ambiguities in existing property descriptions. The City Council approved th e preliminary plat on March 8, 2004. On July 26, 2004, the City Council approved the development agreement for the subdivision and ordered the extension of sanitary sewer and water infrastructure to service the development. The final plat conforms to the approved preliminary plat. The title commitment for the property has been forwarded to the City Attorney for review. As required under the conditions of preliminary plat approval, the de veloper has provided a 10-foot pedestrian/bicycle easement along Lot 1, Block 1, adjacent to Lake Drive as well as a 20-foot conservation easement adj acent to County Ditch No. 10. All park dedication, securities and fees have been s ubmitted. All other conditions of approval will be met with building permit review of the new houses. Staff was recommending approval of the Fina l Plat for Elm Street Estates. Mr. Rafferty asked if the large pine trees in the main drive were going to be removed. Mr. Grochala replied there woul d be some pine removal along Lake Drive, but they were trying to preserve the pines on Marshan Lane. Mr. Studenski stated there woul d be some tree loss as the se rvices and driveways get put in, but it would be minimal. Mr. Hyden made a MOTION to recommend approval of the Final plat for Marshan Estates, 5-lot residential s ubdivision located adjacent to Ma rshan Lane and was supported by Mr. Tralle. Motion carried 4-0. C. Final Plat for Crystal Cove, North Subur ban Development, SW corner of Lake Drive and 79 th Street Staff stated the City Council approved the preliminary plat for Crystal Cove with Resolution 03-141 on September 8, 2003. This project involves deve loping Outlot B of Highland Meadows East, which is on the south side of 79 th St. just west of Lake Drive. He indicated the final plat conforms to the approved preliminary plat. The development agreement is in progress and will be complete d prior to City Counc il review. The City Attorney’s review of the title commitment is underway and will be fully resolved prior to City Council consideration of the final plat . Conditions of approval will be addressed within the development agreement. He noted one additional issue requires resoluti on. An easement is needed on property to the south for a utility connection. This easem ent must be obtained with a deed from the adjacent property owner. This deed must be submitted for review prior to City Council review. He indicated they would normally require completion of this prior to P&Z review, but this can be dealt with before approval by the City Council. Staff was recommending approval of th e Final Plat for Crystal Cove. Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 5 APPROVED MINUTES Chair Rafferty inquired about the twin home located on the property. Mr. Smyser replied there would be a zero lot line with the middle of the twin home being located on the lot line. He indicated each twin home would then have a piece of property. Chair Rafferty stated he did not mind common property, but he was not in favor of a 40- foot lot. However, this did conform to the preliminary plat. Mr. Smyser noted this was an unusual situation. Mr. Pogalz made a MOTION to recommend approval of the Fi nal Plat for Crystal Cove, North Suburban Development, SW corner of Lake Drive and 79 th Street and was supported by Mr. Hyden. Motion carried 4-0. D. Recommendation on Parks, Natural Open Space/Greenways and Trail System Plan Staff stated Brauer and Asso ciates has prepared the City’s new Parks, Natural Open Space/Greenways and Trail Plan. This plan lays out an important new direction by establishing goals in open space planning, which require some new approaches to development review. Staff requested a r ecommendation from the P&Z that the City Council approve the new plan. Jeff Schoenbauer, Brauer and Associates , presented the propo sed Natural Open Space/Greenways and Trail Plan. He discusse d how the plan could be implemented and what it would look like. He st ated the City was at a thres hold point and it was important to set aside the open space/greenwa ys and trail systems now. Mr. Root stated he liked the concept, but it was important to also look at the maintenance cost for the City. He stated he liked the c oncept of a park dedicat ion fee, but asked how would a trail system plan work. He indicat ed he would like to see something firm and defined like the park dedication fee requirement. He stated they needed to figure out how to do this when staff already had their hands full. He asked for something concrete that developers would cl early understand. Mr. Schoenbauer stated it had been his experience the best way to illustrate how this happened would be to go through a prototype process. He believed the most creative development plans came out of the creative pr ocess and not a regulatory process. He noted the unique thing about a conserva tion development was the City laid out proactively what they wanted to achieve on a piece of property and then staff applied those concepts to the plan. He stated ther e was only so many hours staff could put into a development proposal, and if staff could be much more in the forefront and proactive with the developer, the devel oper can actually be influenced right from the beginning to achieve what the City was looking for, which made the approval process easier and quicker. He stated he was confident this ty pe of a process would work, but he respected Mr. Root’s concerns. Mr. Grochala stated from staff’s standpoint, they want ed to go this way on new developments. He indicated there was a window of opportunity here and they wanted to Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 6 APPROVED MINUTES preserve the amenities the City had to offer. He noted this was a complete change on how the City and developers approached development. Mr. Schoenbauer noted traditional approaches had not resulted in preservation of green space and the City needed to look at differe nt concepts to preserve open space. Mr. Tralle expressed concern about the City budget for the preservation of green space being one of the first budgets to be cut in economic hard times. Mr. Schoenbauer stated this was an economic consideration and he s uggested the City have some type of an endowment set up to ensure there would be funds to maintain the green space. Mr. Tralle asked who would maintain the open space. Mr. Schoenbauer replied it depended how the developer and City wanted to deal with it, but the most common way was the developer setting aside funds into an endowment fund and the interest earned from that fund would manage the resources. He noted a homeowners association could also pay through their monthly dues for th e maintenance of these areas. He acknowledged these were difficu lt concepts to regulate into a process, but it was his experience that these types of concepts worked well. He noted staff needed the latitude to negotiate with the developer and the City need ed to realize that they might have to give up some things to get a good development. Mr. Tralle asked what were the plans for bi ke trails on already established areas. Mr. Schoenbauer replied there were multiple la yers proposed through the City, even for established areas. However, he acknowledged there were economic c onsiderations to be looked at also. Mr. Root asked what was the City’s levera ge on these developments. Mr. Schoenbauer replied there were a lot of tools the City had to get the developments where they wanted them and he was working with staff and th e City Attorney to look at these various options. Chair Rafferty asked if the City needed to be proactive in preserving open space. Mr. Schoenbauer replied that was correct and it wa s important these area s be preserved now as the developments were coming forward. He noted it was important staff had the ability to work with the develope rs to obtain the green space. Mr. Tralle expressed concern that the Rice Creek Watershed Distri ct was working with old maps and data. He asked what were they doing to be looking at current data. Mr. Schoenbauer replied the Rice Creek Watershed District realized this and they had contacted a consultant to work with them on obtaining current information. Mr. Grochala stated it was th e intent of Rice Creek Waters hed District to look at the entire City and have a plan that made sens e for water quality, water flow, and wildlife preservation. He noted it did not make sense to have pockets of wetlands. Mr. Hyden asked what happened when they fill ed in a wetland. Mr. Schoenbauer replied it depended on the soil condition and the dr ainage, but they inte nded on working with Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 7 APPROVED MINUTES developers on grading to ensure property drainage. He noted a lot of developments were based on an engineered approach in stead of an ecological approach. Mr. Grochala stated if the poor soils were removed and replaced with good soils, there should not be an issue with dr ainage or wet basements. Mr. Pogalz stated they had the option of getting the money per lot and disburse it throughout the City, or the tr adeoff was to negotiate with the developer and possibly relax some of their requirements to create the open space. Mr. Schoenbauer stated he encouraged them to look at th is as the City going to the table in good faith and indicating what they wanted to achieve with each deve lopment. He noted the developer would go back and look at the City’s proposals and hope fully and state they would do it, but they needed X, Y, and Z in exchange. He stated th e City needed to remain flexible instead of having a major dollar exchange. He stated each development proposal should be judged by the value the City got out of it an d if it achieved the City’s mission. Mr. Grochala stated staff would recommend the P & Z Board recommend approval of the plan to move forward to the City Council. He stated the park plan would be going to the Council sometime in the near future. Mr. Root made a MOTION to recommend approval of the Parks, Natural Open Space/Greenways and Trail System Plan and was supported by Mr. Hyden. Mr. Tralle stated he was not sure what they were approving. Mr. Gr ochala replied this was one element of the comprehensive plan and it would set up the framework for the Parks, Natural Open Space/Greenways and Trail System Plan. Chair Rafferty noted staff had indicated they believed this was a good and solid solution to grasp the realities of devel opment and without this type of a plan they risked the ability to find these answers each time a development came forward. He stated this was a framework for the City and it should be used as a tool to assist them in dealing with developments and the open space. Mr. Pogalz stated he did not have an y issues with appr oving this on staff’s recommendation, but he did have some concer n that they had not been able to cover everything in the plan. Mr. Grochala indicated the Park and Environmental Boards had also been heavily involved in this proce ss and had thoroughly reviewed the Plan. He stated this plan incorporated what wa s already in the comprehensive plan and consolidated everything into one document. Chair Rafferty stated he wa s comfortable going forward w ith staff’s recommendation. He noted if they did not make an attempt to preserve the open space now, they could not get the land back at a later date. Motion carried 4-0. E. Preliminary Plat for Fox Den Acres, R oyal Oaks Realty, a 50-acre development south of Birch Street and east of Deerw ood Lane, at the east end of Fox Road Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 8 APPROVED MINUTES Staff stated applicant had re quested approval of a single-fa mily residential development called Fox Den Acres. This is a new submittal of a plan that is different from the previous design reviewed several months a go. The comprehensive plan guides the site for low-density residential use and it is zone d R-1. The site is in the existing MUSA. A public hearing is required for a preliminar y plat. Unfortunatel y, staff neglected to publish a public hearing notice fo r this meeting and it will publish this for the September meeting. Staff noted they typically do not recommend approval until they receive the preliminary approval by the Rice Creek Watershed District and they had not received approval by the Watershed for this project. In addition, th ere are some design issues that must be addressed. Therefore, staff would be r ecommending continuing the project to the September meeting. Mr. Hyden asked about the negative impact of vacating the easement on Block 4. Mr. Smyser replied they did not fully know what all of the implications would be, but this would be one of the things they looked at under the conservation approach. Mr. Pogalz expressed concern about getting the same set of plans back that they had looked at previously and being e xpected to feel differently about the project. He stated his concerns were still there, including traffic, and had not been addressed in this new proposal. He asked if they were doing the right thing by developi ng this land and making the traffic worse. Mr. Grochala replied th ere were a number of i ssues on the previous proposal for denial, with traffi c being only one of those issu es and quite a few of those issues had been addressed in this new proposal. Bob Schack, 763 Fox Road, stated he found out about this meeting two days ago. He stated the association was not trying to st op this development, but they wanted to minimize the impact to their development. He noted they had concerns about waterflow into their basements on the east side. He e xpressed concern about the impact of this development on their existing ponds. He expre ssed concern about the increase of traffic and requested they address the one access into and out of the development. Mr. Grochala replied staff had been working on the waterflow of the site. He stated they were trying to minimize large holding ponds and get water flowing through the site. Mike Black, applicant, stated developers we re used to the regula tory process and the more that was regulated would make it easier to work through the pr ocess. He indicated developers needed to look at their process, investment and what they were trying to accomplish also. He noted developers also liked plans that did not require variances. He stated this development was a very low-de nsity development they were proposing. He indicated they were not reque sting a Comprehensive Plan Amendment with this new plan as they had in the past and he believed that had been a major concern of the City. He stated they had 8 less lots, the wetland imp act was about the same, and the grading plan had been addressed. He stated they had met with staff and they had another meeting set up for next week to discuss the open space. He stated as a developer he liked the regulatory process and the give and take process being propo sed in the open space plan Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 9 APPROVED MINUTES was something that was hard to get a hold of and give the City what they wanted. He noted time was important for them on this deve lopment. He stated this development met the City’s requirements and requested it be l ooked at as presented, but he was willing to talk with staff about the possibility of an open space corridor and a trailway. Mr. Root thanked the applicant for their willingness to work with staff on this. He stated he supported the open space concept, but they had to figure out how to do this effectively. He encouraged applicant to be as flexible as they could be. Mr. Black replied it would assist developers if the City put in the regulations and ordinances what the open space requirements were going to be, so the devel opers had something conc rete to work with and knew what was required prior to starti ng work on developments plans. Mr. Tralle asked if they had spoken with th e owner of the propert y where the tower was located. Mr. Black replied they had not spoken with that property owner, who he believed was Comcast, and while they could plan for a second access, he was not the owner of the property. Mr. Tralle suggested Mr. Black contact Comcast to see if there was any possibility in the future of purchasing that pr operty. Mr. Black replied he was not sure he wanted to purchase that land. Mr. Grochala noted having an access off the Comcast property would only bring another traffic issue at Old Birch. He indicated a second access w ould not alleviate the traffic concerns. Mr. Black noted they had an expert c onsultant prepare a traffic study and he recommended the City have their consultant look at their report a nd determine if it was accurate or not. Mr. Tralle noted every ne w development in this area created a domino effect with respect to traffic. He indicated the next development to go in would have the same traffic issues as this development was having. Chair Rafferty thanked applicant for working with the City, but expressed concern about the impact of the development to the west. He also expressed concern about the traffic and the access. He asked Mr. Black to look at the possibility of a dding an access to the north. He stated the residen tial homes immediately to the we st of this development he believed would be impacted by this developmen t. He stated he believed the open space plan as presented by Mr. Schoenbauer was a good one with respect to the western edge of this development. He asked applicant to look at the western lot issue and the access concerns for the next meeting. Mr. Root made a MOTION to table Preliminary Plat for Fox Den Acres, Royal Oaks Realty, a 50-acre development south of Birch Street and east of Deerwood Lane, at the east end of Fox Road to the September P & Z meeting and was supported by Mr. Hyden. Motion carried 4-0. VI. DISCUSSION ITEMS A. Temporary Signage update Pl anni ng & Zo ni n g B o ar d A ugu st 11, 2 004 Page 10 APPROVED MINUTES Mr. Smyser stated one of the issues they we re attempting to pursue was the contracts with cigarette and liquor wholesalers requiring certain signage. He stated they had attempted to contact the wholesalers to find out mo re about this with little success. Chair Rafferty requested sta ff continue their attempt to obtain further information regarding those contract requirements. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the m eeting at 9:21 p.m., and was supported by Mr. Pogalz. Motion carried 4-0. Respectfully submitted, Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc .