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HomeMy WebLinkAbout08/13/1997 P&Z Minutes• • • Planning & Zoning Board August 13. 1997 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., August 13, 1997. II. APPROVAL OF MINUTES - JULY 9, 1997 Mr. Robinson made a MOTION to approve the minutes of the July 9, 1997 Lino Lakes Planning & Zoning Board meeting, as submitted and was supported by Mr. Dunn. Motion carried, 5 -0 -1 abstain (Johnson). III. APPROVAL OF AGENDA There were no changes. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. There were no comments. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:34 p.m. and was supported by Ms. Dahl. Motion carried unanimously, 7 -0. Planning & Zoning Board August 13, 1997 Page 2 V. ACTION ITEMS A. Public Hearing Continuation - Rehbein Arena/BMX Bike Racing, 426 Pine Street, Amended Conditional Use Permit Chair Schaps declared the public hearing open at 6:35 p.m. Mr. Kirmis stated that Mr. Rehbein has applied for a conditional use permit to establish a commercial sports arena within a rural zoning district. The public hearing is continued from the June and July Planning & Zoning Board meetings in order for the adoption of an amendment to the zoning ordinance to make this use potentially allowable within the zoning district and to allow the applicant to address issues identified in the planning report. The amendment to the zoning ordinance has been adopted. Mr. Kirmis stated that the two lots on which the arena is located are combined. The applicant had intended to combine a third lot into that parcel, but it has a single family dwelling on it. There is concern that if the two lots are combined, there will be two principal uses on one lot of record. Mr. Kirmis read the conditions of approval in the staff report relating to Fire Chief requirements, parking, resurfacing the main parking lot, lighting, signage, off - street loading, on -site sewer and water facilities. Mr. Ahrens reported that on July 30, 1997, he and a consultant engineer of the City visited the site to review the sound system and were given a demonstration of the improvements made and design strategies to eliminate trespassing problems. The most effective way to minimize sound is to have the microphones as close to the crowd level as possible. They have been placed two feet above the audience attending events and aimed downward. The arena uses six speakers per side placed 10 feet apart. An equalizer is used to eliminate base sounds. The speakers being used were manufactured with a cutoff angle that keeps sound in a certain area. He believes Mr. Rehbein is sensitive to sound trespassing and has set up a careful speaker system. Mr. Ahrens stated that the proposed use and improvements do not change the site drainage patterns. The majority of the property drains to the large wetland located south of the single family home lot. There is a culvert under 4th Avenue for drainage to the west. Chair Schaps asked about the traffic speeding issue in the neighborhood. Ms. Wyland responded that the police have requested the use of a trailer that will identify the speed of each vehicle as it goes by. It is hoped that this device will be in place before the next Council meeting. Mr. Mark Sandberg, 2342 128th Avenue, Coon Rapids, stated that on July 30, 1997, he attended a sound demonstration at the arena. During the demonstration, he drove around the neighborhood to talk about the issue with surrounding neighbors. No one voiced any concerns. He explained that the amplification system is regulated to make sure it does not exceed a certain decibel. • • • • • • Planning & Zoning Board August 13, 1997 Page 3 Ms. Connie Bowman, 1183 4th Avenue, stated that she lives directly behind the arena. She was told that City staff have indicated that this application would automatically be approved. She intends to have the noise pollution patrol do an assessment on the area because they experience noise with every event. A big issue with residents is the safety of 4th Avenue. There are no shoulders, and the speed limit is 45 mph. At times there is a convoy of 50 cars or more, and the situation is dangerous. She requested that the Board limit the arena to one event per week. Some weeks there are events Friday, Saturday and Sunday with hundreds of screaming spectators in her back yard. Ms. Bowman requested the strictest possible monitoring of wetlands and low areas. The area already floods enough for ducks to swim. If any low areas are filled in, her yard will become the low area. She is a daycare provider, and if the water level rises on inch, she will be required to fence the area in order to continue her daycare business. She stated that she is saddened by the fact that money talks louder than caring for the environment and forces people to move. Mr. Wessel clarified the fact that the consulting planner recommendations are based on an investigation. Staff has nothing to say about what is approved. Recommendations are made, and the Board makes the decision. No decision is made until the Board votes. Ms. Rebecca Glewe stated that she lives next door to the Rehbein arena and has no complaints. She hears only a little from the crowds and a little music on the speakers. Her concern is with the young people. This arena is a positive thing that has brought families together and has given young people something to do. The speed issue on 4th Avenue is as much with local residents as spectators. It is a credit to the community, and she would like to see it remain. Mr. Roger Kolstad, stated that he lives directly to the west of the arena and is home on weekends. He has no problems with it and has experienced no environmental problems on his side. He is not opposed to it. Ms. Beverly Rust, 508 Pine Street, stated that when she called City Hall, it was her impression that this application would be approved. It is disruptive at times, but because of the location, few people are affected by the arena, and it seems like a losing battle. She noted that residents were not invited to a neighborhood meeting, and there was no invitation to respond to the sound system test. She purchased seven acres of secluded property on Pine Street. The issue is not only the sound system by traffic and erratic driving but maintenance of the road. Fourth Avenue is like a washboard with its own speed bumps and dips. People are afraid to allow their children to ride bikes in the street. She requested the Board to restrict the times of arena use. Residents were originally told it would be used one evening a week and one day during the weekend. Now they are looking at events occurring 17 days per month. If this application is approved, she plans to appeal the decision to the City Council, but she is tired of fighting and will probably move. Mr. Dennis Kohler stated that he has three children, and he believes it is great for the City to have a facility like this for kids. Mr. Bard Thue stated that he lives diagonally from the arena and has never experienced problems with sound. He lives north of Pine Street and has experienced few problems with traffic. Planning & Zoning Board August 13, 1997 Page 4 Mr. Ken Rehbein 8027 Danube, stated that races are usually held three nights per week. He stated that he would like to request a variance for the parking area to be surfaced with recycled class 5 concrete and gravel on top. Once in place, it will shed water like blacktop. Mr. Johnson noted that this proposed parking area surface would be less of a drainage problem than asphalt. Mr. Ahrens added that he expects a minimal increase of runoff on such a large site, but the drainage system needs to be cleaned. The watershed district is looking at the drainage system in the area. Mr. Dunn asked if the lot coverage requirement is met for impervious surface. Ms. Wyland responded that the plan is in compliance with the City's impervious surface requirement, and exceeds the limits set forth. Ms. Wyland stated reconfiguration of the lots would require a minor subdivision to avoid multiple uses on the property. The Board could act on the variance and consider the minor subdivision at a later time. Mr. Herr asked if the Board can grant partial approval. Mr. Kirmis stated that it is preferred that the Board act on the entire proposal package. The minor subdivision may raise unforeseen issues. Mr. Dunn asked the status of the Fire Chiefs recommendations and whether an evacuation route has been established. Ms. Wyland responded that the report received indicates that all recommendations are completed except for smoke detectors that will be changed to heat sensors. The Fire Chief has visited the site. She stated that evacuation signs can be posted to direct people to stairways. She will discuss this issue with the Fire Chief. She noted that the applicant has plans to consider privacy screening to further abate noise from adjacent neighbors. Mr. Don Rivard, 426 Pine Street, stated he spoke with the forester who stated there are two different kinds of spruce that would grow in the wetland to provide noise abatement. Chair Schaps asked if there is on -site sewer and water facilities, handicapped parking and a lighting plan. Ms. Wyland stated that there is an on -site sewer and water system. The staff report requests that the system be inspected to determine that it is adequate. Lighting has not been addressed out at this time. Mr. Rehbein stated that handicapped parking is available. Chair Schaps stated that with the arena already in operation, the entire site should be in compliance. • • • • • Planning & Zoning Board August 13, 1997 Page 5 Mr. Kirmis stated that appropriate lighting could be a condition of approval. Mr. Herr noted that City ordinance requires shielded, non - directed lighting. Mr. Johnson requested that the police check traffic speeds and traffic volume. Mr. Dunn asked if the number of events per week could be limited. Mr. Rehbein responded that he is currently operating three days per week, and it would be difficult to cut back. Ms. Dahl asked if increased events are planned for the future. Mr. Rehbein stated that he anticipates an average of three events per week. Mr. Kirmis suggested that approval stipulate a maximum number of events, so that an increase would require another public hearing. Mr. Robinson stated that the arena is a business and it does not make sense to make too many restrictions on its use. It is good involvement for young people and an asset to the community. His main concern is the speed problem on 4th Avenue. The road is too narrow for a 45 mph speed limit. It is a residential street, not a collector street and should be posted for 30 mph. Mr. Ahrens explained that speed limits on all roads are controlled by Mn/DOT. The City can request the state to do a speed study, which is the only way the speed limit can be changed. The state sets the speed limit at the 85th percentile of the speed of traffic. It is possible the speed may be reduced, but it could also increase to 50 mph. Mr. Robinson stated that he does not want to see a child killed, and something must be done now. He would like to see the City post 30 mph signs because it is a residential street. Chair Schaps agreed that the traffic speed is a legitimate concern. However, he would not want to post signs that would make the City liable in any way. It was agreed that Mr. Ahrens would pursue putting the county speed measure trailer on 4th Avenue to get an idea of what the result of a speed study would be through Mn/DOT before one is requested to the state. He will also consult with the City Attorney regarding 30 mph signs being posted by the City on this residential street. Ms. Dahl suggested that concerned residents draw up a petition to Mn/DOT regarding the speed limit. Mr. Dunn stated that if the added parking space means that there will be adequate parking on the site for expected participants, he would like a condition of approval that there will be no on- street parking permitted during events. Planning & Zoning Board August 13, 1997 Page 6 Mr. Gelbmann stated that the drainage pattern for the area is vague and requested more detailed information on the flow of water at the next meeting. Mr. Robinson made a MOTION to table action for a conditional use permit for the Rehbein BMX Arena and continue the public hearing until the September 10, 1997 Planning & Zoning Board meeting. Mr. Johnson seconded the motion. Motion carried unanimously, 7 -0. Mr. Dunn stated that adoption of the amended ordinance was the decision to allow this project. The remaining decision is how it is put in place. He requested that the following items be addressed at the next meeting: Fire Chief final report, amplifier system, limitation on the number of events to the current number, no on- street parking, landscape plan with a focus on the area closest to residents to buffer noise. Mr. Herr stated that he is not certain he would support limiting the number of events. He asked how often the conditional use permit is reviewed. Ms. Wyland stated that the conditional use permit does not expire. They are reviewed annually by staff. They are not reviewed by the Board unless a condition is so stipulated and/or there is a problem. B. Public Hearing - Bruce Hanson, Aqua Lane, Rezone, Preliminary Plat and Planned Development Overlay (PDO) Chair Schaps declared the public hearing open at 7:50 p.m. Mr. Kirmis stated that the application is a plan to develop air strip accessible lots on 18.6 acres south of Aqua Lane and east of County Road 23. This project was previously considered and approved by the Board at its June meeting. However, the application was withdrawn before review by the City Council pending the updated Comprehensive Plan land use for this area. The application has not changed, and a Comprehensive Plan amendment is not necessary, but rezoning is required from GB General Business to R- 1 X/PDO to accommodate oversized accessory buildings. Staff is recommending approval, subject to the conditions stated in the staff report. There were no comments from the public. Mr. Robinson made a MOTION to close the public hearing and was supported by Mr. Dunn. Motion carried unanimously, 7 -0. Chair Schaps declared the public hearing closed at 7:55 p.m. Mr. Wessel noted that when this project was originally approved, there was one condition that focused on the business related property. That condition is no longer necessary, as the Comprehensive Plan approved for District 1 attempted to cluster commercial areas so as not to interfere with this development. He is confident that there will be opportunities to develop other commercial areas in the City. • • • • • • Planning & Zoning Board August 13, 1997 Page 7 Mr. Johnson made a MOTION approve the original findings of the June 1996 report and approve rezoning from GB to R -1 X with a PDO. He was supported by Mr. Herr. Motion carried unanimously, 7 -0. Mr. Johnson made a MOTION to approve the preliminary plat as presented and was supported by Mr. Dunn, subject to the following conditions: 1. The preliminary plat is revised such that Lot 6 and Outlot A are combined with the adjacent Surfside Seaplane base property. 2. Hanger building materials and heights are specified and found to comply with applicable City requirements. 3. Seaplane hangers not exceed 2,400 square feet in size. 4. No detached accessory building other than the seaplane hangers are allowed. 5. A copy of restrictive covenants to be applied to the proposed residential lots are submitted for City review and approval. Such covenants must address architectural requirements for hangers and include a provision that such hangers are to be used solely for airplane (seaplane) and related equipment storage. 6. It is demonstrated to the City that wetland boundaries have been delineated by a qualified individual and drainage and utility easements are placed along all lot lines and over all wetland areas subject to the review and approval of the City Engineer. 7. Park dedication requirements are applied as determined by the Park Board. 8. Grading /drainage /utility plans are reviewed and approved by the City Engineer. 9. All conditions of operation as required by the FAA and/or Minnesota Department of Aeronautics are satisfied. 10. Other conditions as recommended. Motion carried unanimously, 7 -0. C. Public Hearing - Highland Meadows, 79th Street, Rezone, Preliminary Plat and Planned Development Overlay (PDO) Chair Schaps declared the public hearing open at 7:59 p.m. Mr. Kirmis stated that North Suburban Development, Inc. has submitted a proposal for 166 residential units of mixed density that include 108 single family homes and 60 townhomes in 15 four -plex structures. The development parcel is a 56 -acre tract located on the west side of Lake Drive between Main Street and Barbara Avenue. A number of approvals are requested that include: 1) Comprehensive Plan amendment to change a portion of the suggested land use from single family residential to medium density; 2) rezoning a portion of the property to medium density; 3) PDO to allow flexibility with lot area and width requirements; and 4) preliminary plat approval. Mr. Kirmis stated that there are Comprehensive Plan policies to both support and discourage a change to medium density use. The policy that encourages the change relates to providing a variety of housing styles and option in the City. The policy that discourages the change relates to land use compatibility, as there are several surrounding single family neighborhoods. He noted that the plat is unique in that it covers setback variables along the lot line and adds green space along the front lot lines. If the Board Planning & Zoning Board August 13, 1997 Page 8 deems the land use and varied setbacks to be acceptable, he would recommend approval of the preliminary plat, subject to the conditions stated in the staff report. Mr. John Hagen, Consulting Engineer, SEH, stated that he completed an analysis of the traffic impact of the proposed development during the day and at peak hours for 77th Street and 79th Street. Access to the development is on 79th Street, Marilyn Drive and Lois Lane. Based on the type of dwelling units shown and the Manual of the Institute of Transportation Engineers, the estimated total daily trips is 1,450. He would predict that peak hour traffic will correspond to adjacent roadways. In the a.m. peak hour, 110 trips per day are anticipated. The p.m. peak hour estimate is 146 trips. Approximately 75 percent of the traffic will enter and exit the development on 79th Street; 23 percent on Marilyn Drive and 2 percent from Lois Lane. Turning movements were monitored on August 6 and 7 at the intersections of Lake Drive and 77th Street; Lake Drive and 79th Street. With the new development, it is projected that 2,002 turning movements per day will occur. Operational issues were reviewed which relate to the level of service (LOS) rating of the efficiency of the intersection, which is based on the average stop delay per vehicle. The ratings are A through F, A being the most efficient. Both intersections were found to be operating at an LOS of A. It is projected that by the year 2002, with the proposed development, the LOS of both intersections will remain at A. However, at peak traffic hours, the LOS would be C. Without the proposed development, the LOS would be B at peak hours. The same projections were found without the proposed development. Therefore, no significant traffic impact or road improvements are anticipated. Mr. Dunn asked if this analysis takes into consideration the cumulative effect of other development occurring along Lake Drive. Mr. Ahrens responded that at the time of the study, there were no other developments. Mr. Herr asked whether the traffic study would be altered if the proposed development were all single family homes. Mr. Hagen stated that a totally single family development would generate more traffic than the housing unit breakdown being proposed. Single family houses generate 10 trips per day on average. Multi - family housing generates an average of 7 or 8 trips per day. The reason is that multi - family housing will have one trash hauler for the development as opposed to a trash hauler for each house. Also, many single people or people without children live in multi - family units. Mr. Kevin Murphy, 583 Lois Lane, stated that he believes the LOS rating of A is meaningless because nobody cares at 10:30 a.m. What matters is how the traffic functions at peak times. He can see residents from Mardon Acres using Lois Lane if it is opened to the Highland development to get to Lake Drive. Since Lois Lane is a dead end road now, he would prefer that it not be opened to cross traffic to neighboring developments. There has been a recent increase in crime, and opening Lois Lane would give criminals an easy access to homes. Ms. Cindy Brunberg stated that she lives on Nancy Drive. She was notified approximately eight months ago that this project is contingent upon City sewer and water. She asked if City sewer and water have been approved to be constructed. • • • • • • Planning & Zoning Board August 13. 1997 Page 9 Mr. Ahrens stated that the City's consultant engineer prepared a feasibility study to extend trunk utilities to serve this development and areas on Main Street. A public hearing was held for the project and was closed Monday evening, August 11, 1997. There is a 60 -day waiting period to make sure no one petitions against it. He anticipates that the Council will order the project in October. A number of optional routes were considered for the utilities. It was decided that following the Lake Drive alignment would ultimately best serve the whole area. Nancy Drive is not proposed for a utility extension at this time. When an extension on Nancy Drive is considered, residents will be notified. Residents outside the Lake Drive project area were not notified. Ms. Brunberg asked if the school district has been notified, as they are at capacity and Forest Lake is unable to pass a bond. This issue needs to be addressed. Mr. Dunn asked if this project will fill the culvert referred to in the previous project. Mr. Ahrens answered, yes. Ms. Arlene Averbeck, 7855 Lake Drive, stated that when she received the notice of this proposed development, she looked at the plat of her own property to make sure the development is not on her property. Ms. Wyland stated that the developer was asked to address how adjoining properties would fit with the proposed development. They were also asked to hold a neighborhood meeting to see if there would be any interest on the part of neighboring residents with large properties to be included. Mr. Kent Jacobson stated that he lives on Barbara Lane. His main concern is overcrowding at the school. Children ride their bikes on Marilyn Avenue without traffic because it is a cul -de -sac. Additional traffic of 300 trips per day would change that. He asked if the present roads are capable of handling the added traffic. He asked if it is possible that utilities will be extended on Marilyn Avenue and if the water runoff system be upgraded. Mr. Ahrens stated that the impact of car traffic on road conditions is minimal. The damage is done by construction traffic. No construction traffic will be on Marilyn Avenue. The impact of an additional 300 cars per day would not accelerate deterioration of the road. The utility extension is planned along Lake Drive from Lilac Street to 79th Avenue. He added that he has walked the ditch system in the area and is working on a project to clean it. That can be done independently of the proposed project. Mr. Jacobson stated that he is concerned about property values decreasing with increased traffic. He would prefer to see new roads put in with curb and gutter and utilities under the Bisel Amendment, rather than dig out the current drainage ditch. Ms. Lorie Bombeck, 626 Main Street, stated that her main concern is the school system, but she is also concerned about the park and access to it. There is already a problem with kids hanging out there. She asked if the park would be fenced. She also asked if her property would be connected to utilities. Ms. Wyland stated that the Comprehensive Park Plan shows 10 acres in this vicinity. This development is being asked to dedicate 5.5 acres of park land. The remainder will Planning & Zoning Board August 13, 1997 Page 10 be picked up with future development. Once development is substantially completed in the area, the Park Board usually holds a neighborhood meeting for input into planning the park. Typically, parks are not fenced. Mr. Ahrens stated that the City's Charter protects residents from being required to hook up to City utilities. Residents have the right to petition against utilities and assessments. Residents are only assessed at the time of connection to City utilities. Mr. Mike Broker, 720 79th Avenue, noted the several single family developments surrounding the proposed development site. He is concerned about the mixed use of townhouses in the midst of a large area of single family development. He is also concerned about the traffic impact on the roads. He stated that he did not receive a notice of the neighborhood meeting. Ms. Wyland stated that the developer is requested to hold a neighborhood meeting aside from the City public hearing. The same list of residents notified of the public hearing are notified of the neighborhood meeting. Ms. Gail Judd, 670 79th Avenue, stated that 79th dead ends at her yard. There is a lot of privacy, and property on 79th has always been privately owned with ingress and egress easements. The developer has an easement on her title. The purpose of the easement is for ingress and egress, but she believes the developer is extending the easement to turn 79th Avenue into a formal road with major traffic. She has tried to contact the developer without success. She requested the Board to not approve this preliminary plat until she has time to investigate this matter with the developer. She expressed concern that the park area will be considered vacant land. Kids already party there with bonfires. It is becoming a big problem, and nothing is being done by the developer. She further asked if access could be off Main Street rather than 79th Avenue for a more equitable distribution of traffic. Ms. Mary Lee, 7782 Marilyn Drive, stated that her concern is drainage and runoff which now runs through front yards. With added ponds behind her property for this development, she will have runoff in front and back. She stated that she also did not receive a notice of the neighborhood meeting. Ms. Kim Jacobson stated that she agrees with many of the concerns expressed. She asked if there will be a townhouse association to maintain the townhouse development. Mr. Kirmis stated that the townhouses will not be rental property which means that an association will be required for maintenance. Mr. Bruce Krueger, General Manager, North Suburban Development, Inc., stated that 60 letters were sent out regarding the neighborhood meeting to a list of residents received from the City. Three residents attended. Chair Schaps asked if the developer would be willing to hold another neighborhood meeting. Mr. Krueger agreed. • • • • • • Planning & Zoning Board August 13. 1997 Page 11 Mr. Dunn asked the price range of the homes. Mr. Krueger stated that the homes will be priced between $120,000 and $130,000. Mr. Robinson made a MOTION to call a five- minute break at 9:20 p.m. to allow the set up of a model illustration of the proposed development. Ms. Dahl seconded the motion. Motion carried unanimously, 7 -0. Chair Schaps reconvened the meeting at 9:25 p.m. Mr. Rick Harrison, Development Planner, stated that the development is planned in a cove design. Lot widths are narrower at the setback line, approximately 80 feet. With the change in width, more green space will be in front yards for a visually pleasing streetscape. There is a reduction of lineal feet of pavement needed for the street with the coving design. Homes are set further back on the curved roads. The average lot size is over 13,000 square feet. Lots are bigger by cutting down on the amount of road needed. All homes will have three -car garages. Where possible three -way T intersections are planned and four -way intersections are avoided unless there is an existing road. Mr. Dunn asked the lot widths at the curb line. Mr. Harrison stated that he does not have an accurate answer. The width is less than standard, perhaps 45 to 50 feet. With the house set further back on the lots, there will be longer driveways and more parking area. The townhouse area will be used as a transition from single family development to the commercial area south east of the development. Chair Schaps suggested that the Board table action and continue the public hearing until the September meeting to give the developer time to hold another neighborhood meeting and address the many questions and concerns that have been raised at this hearing. Neighboring residents do not know enough about this project, as evidenced by the many questions and concerns. He noted that the school district is informed about new development. Sometimes the City receives a response but not always. He agreed that it would be appropriate to seek a response from the school district regarding this proposal. Mr. Gelbmann stated that there are disadvantages with small back yards. He also noted that the intersection at 79th Avenue appears to be a difficult corner and expressed concern about traffic problems there. Mr. Krueger stated that according to the traffic study, a very low traffic impact is expected. It is anticipated that only two cars at a time will be stacked at the intersection of 79th Avenue. Mr. Johnson stated that one of the conditions of PDO zoning is that in return for flexibility in relaxing stipulations of lot design, the City would receive a quality product. Curved streets are visually pleasing, but sight distance is limited. Traffic may be slower, but unexpected situations can be encountered. He suggested contacting the Police Chief for his input. Mr. Krueger responded that whether the development is with a cove design or the same as other blocks makes no difference to him. Actually, coving creates more work, but the result looks great. Planning & Zoning Board August 13, 1997 Page 12 Mr. Dunn stated that he needs to understand how the City is going to benefit from this approach as compared to a more traditional approach. A traditional approach could cut down on traffic concerns. He also stated that he has difficulty accepting 45- and 50 -foot front lot widths. Mr. Herr made a MOTION to table action and continue the public hearing for Highland Meadows to the September 10, 1997 meeting and was supported by Mr. Gelbmann. Motion carried, 6 -0 -1 abstain (Robinson). D. Public Hearing - Kathy Hansmann /Ashland Oil, 7611 and 7621 Lake Drive, Conditional Use Permit for Motor Fuel Station /Car Wash Mr. Kirmis stated that the application is to establish a convenience gas station and detached accessory car wash on a 1.7 acre parcel north of Lilac Street and west of Lake Drive. The zoning designation allows motor fuel facilities on a conditional use permit. He stated that it is important to note that there is a plan to extend Apollo Drive north, and this site will ultimately be accessed on the north by Apollo Drive. Once that access is in place, the intersection with Lilac Street would be eliminated. Staff is recommending approval, subject to the stated conditions in the staff report. He noted that the applicant is being asked to revise the turn maneuver in the vacuum lane for more space. Chair Schaps declared the public hearing open at 10:00 p.m. Mr. Ahrens stated that there is concern about the proximity of the Lilac Street access, 55 feet, to the Lake Drive intersection. The feasibility report to extend Apollo Drive has been approved, and it is hoped that construction will begin in the spring of 1998. A right - in- right -out access on Lake Drive has been proposed when the Lilac Street access is terminated. However, this may not be acceptable to the County because it may create a conflict with the future turning lane for I -35W. Staff will work with the County to resolve these issues. Mr. Dunn asked if the setback will accommodate the Lake Drive expansion to a four -lane road. Mr. Ahrens stated that he will check that issue with the County. He noted that the City has not been notified by the County for the need of additional right -of -way for that expansion. Mr. Wessel stated that Town Center is all four quadrants of the interchange at Lake Drive and I -35W. He noted condition No. 8 which requires design plans to be reviewed and approved by the Town Center Architectural Review Board if this proposal is approved by the Planning & Zoning Board. Mr. Whitney, 7651 Lake Drive, stated that his property is two houses away from this site, and he will be affected by the lights and traffic. It is difficult to get onto I -35W already. Also, approval of this application will drive FINA out of business. He thought FINA was to put in a car wash. • • • • Planning & Zoning Board August 13, 1997 Page 13 Ms. Hansmann, Developer, stated that she has worked closely with City officials to select this site. She is not interested in putting anyone out of business but would like to become part of the community. There is a need which is why she is pursuing the option. The City requested that she designate off - street parking for the site which has been done on the revised site plan, and the area will be striped. Unloading deliveries will be done during off hours. The curb barrier has been extended and a drive - through lane provided for an efficient flow of traffic. The trash area will be fenced and hidden from view. She also will abide by the City Engineer's recommendations regarding the turn maneuver for the vacuum lane. The detailed grading and drainage plans, lighting, sign and landscaping plans are not completed but will be available for review by he Town Center Architectural Review Board. The plans are complicated with having to move the access to Apollo Drive in the future. If her site does not border Apollo Drive when it is extended, she requested an easement access. Mr. Johnson asked if there will be a median put in when Lake Drive is expanded. Mr. Ahrens stated that Lake Drive will have a median. It is conceivable the same will be true for Apollo Drive. These issues must be worked out through the feasibility report. Mr. Johnson stated that if there is a right turn lane on Lake Drive, it would begin where Lilac now intersects it which will be a directly conflict with right out traffic from this site and right turn traffic onto the freeway. • Mr. Ahrens stated that the right turn for I -35W starts at Lilac Street. He will work further with the County on this issue. • Mr. Robinson made a MOTION to close the public hearing and was supported by Mr. Dunn. Motion carried unanimously, 7 -0. Chair Schaps declared the public hearing closed at 10:38 p.m. Mr. Herr made a MOTION to approve the conditional use permit for the Ashland Motor Fuel Station at Lake Drive and Lilac Street and was supported by Mr. Robinson, subject to the following conditions: 1. All proposed curb cut widths are approved by the City Engineer. 2. The proposed right -in- right -out turning arrangement is subject to review and approval by the City Engineer and Anoka County Highway Department. 3. The site plan is revised to illustrate an off - street loading space. 4. The site plan is revised such to accommodate proposed "U -turn" maneuvers from the vacuum cleaner lane to the car wash. 5. The drive - through land (alongside the menu board) is delineated via striping or curb island extension. 6. One -way circulation routes are specifically identified on the site via pavement or other appropriate signage. 7. A curb barrier is provided at the northern edge of the site's eastern most row of parking (as shown on Exhibit C). 8. All final design plans are subject to review and approval by the Town Center Architectural Review Board. 9. A detailed landscape plan is submitted which identifies the location, type and size of all proposed site plantings. Such plan shall be subject to City approval. Planning & Zoning Board August 13, 1997 Page 14 10. All trash handling equipment is screened from view of adjacent properties and public right -of -way by a fence or wall at least six feet in height with a maximum opaqueness of 80 percent. 11. A grading and drainage plan is submitted. Such plan shall be subject to review and approval by the City Engineer. 12. Elevations of the proposed canopy and car wash are submitted and subject to City review and approval. 13. The site plan is modified to identify exterior lighting locations. All exterior lighting shall be hooded and directed such that the source of the light is not visible from any adjacent residential properties or public rights -of -way. 14. All applicable MPCA requirements are satisfied in regard to the bulk storage of fuel. 15. Detailed sign plans are submitted. All site signage shall comply with applicable provisions of the City's Sign Ordinance. 16. Comments of other City staff. Motion carried unanimously, 7 -0. G. John Johnson, 6657 East Shadow Lake Drive - Variance Ms. Wyland stated that Mr. Johnson is requesting to build an addition to his home that would be 46 feet from the Ordinary High Watermark (OHW). The house is currently 60 feet form the OHW. The City's Shoreland Management Ordinance requires a 75 -foot setback from the OHW on a Recreational Development Lake that is sewered, such as Reshanau Lake. The Shoreland Ordinance also takes into consideration whether: 1) the property is used seasonally or year- round; and 2) the characteristics of development on adjacent properties. This is year -round residence, and adjacent properties range from 60 feet from the OHW to 25 feet from the OHW and one deck 15 feet from the OHW. DNR officials indicated that generally an average of the setback of adjacent properties is used, which would be 40 feet in this case. Staff believes there is justification for granting the variance and recommends approval, subject to obtaining the proper permits. No objections from neighbors have been received regarding the proposed expansion. Mr. Robinson made a MOTION to grant the 46 -foot variance to the Ordinary High Watermark at 6657 East Shadow Lake Drive, subject to obtaining the proper permits and was supported by Mr. Herr. Motion carried unanimously, 7 -0. F. Lino Elementary School, 725 Main Street - Variance and Site Plan Review Ms. Wyland stated that the Lino Elementary School has requested a variance to allow construction of a larger parking area to accommodate 135 to 145 cars and bus lane in front of the school that would be 10 feet from the front property line. The City ordinance requirement is a 15 -foot setback which would allow 117 to 127 cars. However, the minimum parking requirement for a facility this size is 201 spaces. Staff recognizes this expansion need and would recommend approval of the site plan. However, staff would recommend denial of the variance because it does not fulfill the criteria for a variance as stated in the City Code. • • • • Planning & Zoning Board August 13, 1997 Page 15 Mr. Johnson suggested that additional parking could be put on the northeast side of the school. Chair Schaps asked how many students are in the school. The Principal of the school answered, 500. He added that a comprehensive report has been presented to the School Board and district administration who are very aware of what is happening in this area. The school district has not been successful in passing a bond issue. Mr. Lee Meyers, KKE Architectural Firm, stated that the parking lot dates to 1957. The parking is needed to accommodate staff, parent volunteers and other activities. The Principal stated that a parent group has put $13,000 into improving the playground on the north side. The north side was chosen specifically for safety reasons. He does not want to put parking and car movement in the northeast corner near where children are playing. School officials are not concerned about the 10 -foot setback because students are not in front. Approximately 99 percent of the students ride the bus. Chair Schaps asked if there is concern about walking 10 feet from a highway that has a speed limit of 40 mph. • Mr. Robinson noted that there is a wide, paved shoulder on the road. He noted that the County is considering making a four -lane highway. The Principal stated that the student population will change by the time the County reconstructs the highway. Mr. Dunn asked if angle parking would be more accessible. Mr. Meyers stated that angle parking is not necessarily safer. The Principal stated that this request originally was initiated by the Police Department for safety reasons as many people were parking on the street. Mr. Johnson suggested expanding parking in the area of the portable classrooms. Mr. Meyers stated that if there is no referendum, portable classrooms will be added. Mr. Herr asked if the grass in the right -of -way is protected. The Principal responded that the grass and trees in the right -of -way would be protected. Mr. Herr asked if the County has a setback regulation for a four -lane road. Mr. Ahrens stated that setbacks are regulated by the City. It is a four -lane road now, and • he expects it will stay the way it is. Planning & Zoning Board August 13, 1997 Page 16 Mr. Robinson made a MOTION to approve the site plan for the Lino Elementary parking lot expansion, subject to the following conditions and was supported by Mr. Gelbmann: 1. Proper building permits be obtained prior to any construction. 2. An access permit be obtained from Anoka County prior to any construction. 3. All parking areas shall be provided with a bituminous surface, concrete curb and gutter and striped to delineate parking spaces. 4. Handicapped parking shall be provided according to the ADA Rules and Regulations. Motion carried unanimously, 7 -0. Mr. Robinson made a MOTION to approve the variance request for a 10 -foot setback and was supported by Mr. Gelbmann. Motion carried, 6 -1 (Johnson opposed). H. City of Lino Lakes, 1189 Main Street, Site Plan Review for Storage Building Ms. Wyland stated that the Public Works Department would like to construct a storage building of 4,800 square feet. The design is wood frame with a concrete floor to blend in with existing buildings. Should a new City Hall be built, it is anticipated that the Public Works Department would remain in this location. Staff recommends approval subject to the conditions stated in the staff report. Chair Schaps asked if there will be signage. Ms. Wyland stated that no signage is anticipated. The building will be heated. No chemicals will be stored. Mr. Johnson made a MOTION to approve the site plan subject to the following conditions and was supported by Mr. Robinson: 1. Proper building permits be obtained prior to any construction on the site and the building be constructed according to State UBC Requirements. 2. The City Engineer shall review and approve the grading, utility and drainage plans. 3. Permits shall be obtained form the RCWD for grading, if required. 4. A lighting plan shall be reviewed and approved by the CPTED Officer if additional lighting is to be installed. Motion carried unanimously, 7 -0. E. Public Hearing - An Ordinance Establishing Regulations for the Construction and Placement of Wireless Communication Towers, Equipment and Facilities Chair Schaps declared the public hearing open at 11:05 p.m. Mr. Wessel stated that staff is requesting that this item be continued to the September meeting because the City received a letter of inquiry today form the Larkin Hoffman Daly • • • • • • Planning & Zoning Board August 13, 1997 Page 17 Law Firm regarding this proposed ordinance. Also, providers have requested a meeting with staff to discuss the ordinance. Mr. Kirmis stated that the ordinance addresses cellular antennas for wireless communication technology. The intent is to encourage antenna location on existing public or private structures through administrative approval. New towers must be approved through the conditional use permit process. If an antenna tower provides co- location for two providers, the height can be up to 100 feet; 120 feet if three providers can co- locate. The setback required for new towers is 50 percent of the tower height. Temporary mobile towers of 100 feet in height will be allowed through an administrative permit for up to 120 days. Commercial public transmitting antennas are allowed by conditional use permit in rural and industrial areas with no specific height limit. The setback shall be equal to the height, unless the tower is collapsible. The ordinance is a result of the Telecommunications Act of 1996. Mr. Dunn asked for a summary of where these towers can be located, especially in residential areas and the regulations in residential districts. He referred to page 3 and suggested that allowing obsolete antennas to be left up as long as 12 months is too long. He would prefer to see three or six months. Mr. Robinson made a MOTION to continue the public hearing for the Lino Lakes Antenna Ordinance to the September 10, 1997 meeting and was supported by Ms. Dahl. Motion carried unanimously. VI. DISCUSSION ITEMS A. Grading Plans/Policy Due to the late hour, this item was postponed to the September meeting. VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 11:20 p.m. and was supported by Mr. Herr. Motion carried unanimously, 7 -0.