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HomeMy WebLinkAbout05/08/1996 P&Z PacketPLANNING & ZONING BOARD AGENDA May 8, 1996 SCANNED 6:30 P.M. I. Call to Order and Roll Call: II. Approval of Minutes: April 14, 1996 III. Approval of Agenda - Changes/Additions IV. Open Mike: V. Action Items: A. Hal Leibel, 7566 Peltier Lake Drive, Minor Subdivision B. Duff Dorschner, 307 Lilac, Minor Subdivision/Variance C. Jeff Kelley, 20th Avenue, Site Plan Review/Text Amendment to allow golf driving range VI. Discussion Items A. Bruce Hanson, Rezone GB property to R1, PDO to allow residential homes with sea plane hangers, Aqua Lane VII. Adjournment CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES 1. CALL TO ORDER AND ROLL CALL: II. APPROVAL OF MINUTES: Page 15, First Full Paragraph: Gelbmann requested that a correction be made to read "He felt it was in the City's best interest to justify a signal light at Elm Streeet and Lake Drive. He expressed concern that the students would not use the light at 4th Avenue if it were installed." William Johnson made a MOTION to approve the minutes of March 13, 1996 meeting with the above correction and was supported by Gelbmann. Motion carried 5-0-1. (James Schaps abstained, as he was not present at the March 13, 1996 meeting.) 111. APPROVAL OF AGENDA: Chair Schaps noted that Mr. Carlson's site plan review and rezoning application was withdrawn from consideration at this meeting. IV. OPEN MIKE: Chair Schaps declared the Open Mike portion of the meeting .open at 6:34 p.m. Hearing no public comments at this time, Al Robinson made a MOTION to close the Open Mike portion of the meeting at 6:37 p.m. and was supported by William Johnson. All voted aye. Motion carried. ACTION ITEMS: A. Taymark, 2300 Main. Street, Site Plan Review Economic Development Director Wessel stated that Taymark 'is a subsidiary of the Taylor Corporation from Mankato. They are currently. located in White Bear Lake and haveoutgrown that facility. Eight other communities were considered for the project, and Lino Lakes was Planning & Zoning Board April 10, 1996 fortunate to be selected. Taymark will have a new name at this proposed location which will be a spinoff from the original company. The site is a gateway to the entire Clearwater Creek area, and he is very pleased to be presenting this quality project. Planning Coordinator Wyland reviewed the staff report regarding Taymark's application to build a 138,400 square foot building with 108,800 square feet of future production expansion area on Main Street, just west of the Laborer's Training Facility. The company will be receiving tax increment financing (TIF). Ms. Wyland indicated that staff would recommend approval of the site plan review, subject to the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to insure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. The Developer receive access permits from Anoka County. 5. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 6. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 7 Permits shall be obtained from the RCWD for grading and on- site ponding, if required. 8. Signage shall comply with the City Sign Ordinance and proper permits obtained. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. Mr. Steve Peterson, President, Taymark, stated that the company used to be Anderson Party Supplies. The company serves high schools with. 2 Planning & Zoning Board April 10, 1996 decorating items for proms and homecomings and also sells specialty advertising supplies to businesses. Mr. Johnson asked if Taymark intends to use the building in White Bear Lake. Mr. Peterson explained that the decorating and printing functions will be split. The printing operation will move to Lino Lakes. Chair Schaps asked when construction would begin. Mr. Wessel responded that given approval at this meeting, a special Economic Development Authority and Council meeting will be called for April 29, 1996, at 5:00 p.m., when the Development Agreement will be prepared. As soon as the final documents are submitted and building permit review concluded, Taymark will be able to break ground, probably in early May. Mr. Gelbmann asked if traffic between the two sites is anticipated. Mr. Peterson stated that there would not be more than one truck per day between the two sites. The businesses are separate and little back -and - forth traffic is anticipated. Mr. Johnson asked if parking would be expanded to the west. Mr. Peterson stated that future parking expansion would continue on the south side of the site. Mr. Johnson asked for a review of the drainage plan for the site. Mr. Wessel stated that storm water management will be covered by the review of the Rice Creek Watershed (RCWD), who will issue a permit for the project. It is his understanding that a temporary pond will be provided on the south side of the site pending approval and construction of area wide ponding in the proposed Greenway Corridor along Clearwater Creek. Mr. Robinson asked how much further east Otter Lake Road will be moved with the realignment. Mr. Wessel stated that the question will be better answered with the presentation of Northern Wholesale, as it is directly related to that project. Mr. Herr asked for a description of the building exterior. Planning & Zoning Board April 10, 1996 The Project Architect, stated that the entire building is concrete. The front of the building will be precast concrete panels. The back of the building, not visible from the highway, will be exposed aggregate panels. William Johnson made a MOTION to approve the Site Plan with the _ conditions outlined in the staff report. Mr. Herr seconded the motion. All members voted in favor. Motion carried. B. Northern Wholesale, 6810 Otter Lake Road, Site Plan Review & Minor Subdivision Mr. Wessel reported that Northern Wholesale is seeking to build a 100,000 square foot building at the corner of Cedar and Otter Lake Road. Freeway visibility is very important to the company which has been located in Maplewood at the intersection of Highways 36 and 61 for 20 years. This proposed site is a planning challenge with the growing nearby residential area. The land is zoned Light Industrial. In answer to Mr. Robinson's earlier question, the road realignment extends south of Taymark, to Zink up with Old Otter Lake Road. The realignment creates an opportunity to access lots from the realigned road and reorient the Business Park to take traffic pressure off Cedar. The plan is to access the Northern Wholesale both from Otter Lake Road and Cedar to minimize impact on the residential community to the south of Cedar. Otter Lake Road will remain a City street, and a utility corridor will be included with the realignment. Ms. Wyland reviewed the staff report and noted that retail, warehousing and manufacturing are all permitted in Light Industrial Districts. Staff has recommended approval of the minor subdivision as submitted and the site plan with the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to insure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. The Developer receive access permits from Anoka County. 5 Roof top heating and ventilating units shall be screened and/or. blended with the design and coloring of the building. Planning & Zoning Board April 10, 1996 6. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 7 Permits be obtained from the RCWD for grading and on-site ponding, if required. 8. Signage shall comply with the City Sigh Ordinance and proper permits obtained. 9. The Developer shall participate in the reconstruction of Cedar Street at a cost to be determined by the City Engineer. 10. Delivery vehicles and truck traffic shall be limited to the hours of 7:00 a.m. to 8:00 p.m. when and if this traffic is allowed on Cedar Street, and this condition shall apply to tenants as well. 11. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. Curb and gutter shall not be required on the northern access drive in the proposed expansion area. 12. The site plan shall be modified to reflect a 50 -foot setback from Cedar Street. Mr. Nick Gargaro, President of Northern Wholesale, stated that he has owned the business for 12 years. The present facility in Maplewood is 50,000 square feet which the company has outgrown. He is pleased to be moving to Lino Lakes and anticipates bringing an immediate 50 jobs to the community. Within a few years, he expects the company to employ. between 75 and 100 people. The company sells equipment for RV's, snowmobiles, marine products, residential heating products and some mobile home products. Some products are on display. Chair Schaps asked the height of the berm. Ms. Wyland stated that the berm will be 4 feet. The developer has agreed to increase plantings on the southeast corner of the site to provide additional screening for residents to the south. The Project Architect stated that primarily evergreen .trees will be .planted on top of the berm for year-round color. Mr. Robinson asked if the existing house on the corner will be taken out. Mr. Gargaro answered, yes. Planning & Zoning Board April 10, 1996 Chair Schaps asked if Northern Wholesale will own and lease the building. Mr. Gargaro stated that space will be leased on a short-term basis, as he believes Northern Wholesale will need most of the space within five years. Mr. Wessel noted that the City would review any tenant prospects to assure their appropriateness for the site. Mr. Herr asked which direction any future expansion would take place. The Project Architect stated that future expansion would be to the north. Mr. Herr asked if the temporary pond is similar to the one Taymark will have and if the design is the same as a permanent one. Mr. Ahrens responded that the ponding situation for Northern Wholesale is the same as with Taymark. The temporary pond design is the same as a permanent pond. The area will be excavated to handle appropriate volume runoff with approval and authorization permits from the RCWD. It is anticipated that the roadway and utilities will be built at the same time as this development. By the time the building is ready to be occupied, he expects that the City will have adequate ponding in place in the Greenway. If that occurs, a temporary pond will not be necessary, and runoff will flow to the Greenway pond and not take up site space. Mr. Robinson asked if the full length of Cedar Street will be upgraded. Mr. Ahrens answered that the portion of Cedar to be upgraded is from County Road 84 to the east property line of Northern Wholesale, just past Clearwater Creek Drive. Mr. Johnson asked if there will be a trail connection from the residential Clearwater Creek Development to the Greenway area. Mr. Ahrens stated that he anticipates a trail on the east side of Otter Lake Road. The City's Trail Comprehensive Plan indicates a trail along Otter Lake Road and Cedar Street to the Main Street right-of-way. Mr. Wessel added that trail options were discussed with the Park Board. Originally a park was planned to provide access from residential areas to the Greenway, as it is important to connect the two amenities. If a connection can be made for residential areas without using the roadway, it will be done. Planning & Zoning Board April 10, 1996 Mr. Robinson asked Mr. Gargaro if he agrees to condition No. 9 regarding the Developer's cost participation in upgrading Cedar Street which is vague. Mr. Wessel responded that a cost has been determined under condition No. 9, which the Developer has accepted. Mr. Johnson made a MOTION to approve the site plan review with the conditions outlined in the staff report. Mr. Gelbmann seconded. All voted in favor. Motion carried. Mr. Robinson made a MOTION to approve the minor subdivision as submitted. Mr. Herr seconded. All voted in favor. Motion carried. C. Emtech, 400 Apollo Drive, Site Plan Review Ms. Wyland reviewed the staff report, noting a slight revision from the packet. The plan is to add a 5400 sq. ft. plastic shop addition and a 3600 sq. ft. machine shop addition. Staff would recommend approval with the following conditions, excluding No. 7, No. 8 renumbered to No. 7: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to insure completion of all site improvements. 2. The City Engineer shall review and approve the grading, utility and drainage Plans. 3. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 4. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 5. Permits be obtained from RCWD for grading and on-site ponding, if required. 6. Signage shall comply with the City Sign Ordinance and proper permits obtained. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. Chair Schaps noted that the revision to the plan is to slice off a portion of the building so that it is aligned in a straight line. Planning & Zoning Board April 10, 1996 Mr. Johnson asked if the driveway access on the west side needed to be a joint access for further development. Mr. Wessel stated that this was not necessary in this case as a ponding area exists to the north. Mr. Johnson made a MOTION to approve the site plan review with the conditions listed in the staff report, excluding No. 7 and renumbering No. 8 to No. 7. Mr. Robinson seconded the motion. All voted in favor. Motion carried. D. Thomas Vacha, 7702 Lake Drive, Minor Subdivision Ms. Wyland reviewed the staff report indicating that the request is to split .31 acres from one parcel and add it to another. The rearrangement of lot lines would provide a lot .72 acres in size and 1.1 acres in size. Both lots are currently considered non -conforming as there are no utilities available and a 10 acre minimum is required by City Ordinance. Staff has recommended approval of the project with the following conditions: 1. Parcel B shall be legally combined with Parcel A and recorded as such with Anoka County. Parcel B shall not be considered a buildable lot. At some time in the future, when sewer and water become available to 77th Street, Mr. Vacha could then resubdivide the site and provide an additional building site if so desired. 2. The 10 -foot drainage and utility easement located on the west side of Parcel B shall be vacated by the City Council. 3. Ten -foot drainage and utility easements shall be provided on all property lines as required by the Subdivision Ordinance. Chair Schaps asked if the property would be required to hook up to City utilities with further subdivision. Ms. Wyland stated that Parcel B could not be split from Parcel A without connecting to City utilities. Mr. Herr asked if Mr. Vacha intends to expand his business onto Parcel B. Ms. Wyland stated that it is her understanding that Parcel B will be used to provide a buffer until sewer and water are available. The existing site is zoned Rural and Mr: Vacha would not be allowed to expand without rezoning to a business category. Planning & Zoning Board April 10, 1996 Mr. Vacha added that he has no intention of expanding to Parcel B at the present time. There are no current plans for water and sewer to be put in on 77th Street. If utilities are put in, he may consider expansion but would have to apply for a permit. Chair Schaps asked if this proposal increases the non -conforming status of the site. Ms. Wyland responded that the non -conformity decreases for one parcel and increases for the other. The non -conforming use, however, is not being expanded. Mr. Robinson asked if this action would allow Mr. Vacha to be able to homestead the property. Mr. Vacha answered, yes. Mr. Robinson asked if notification of neighbors for a public hearing is required. Ms. Wyland stated that a public is not required for a minor subdivision. Mr. Robinson asked if it is true that 77th Street is not in the proper location. Mr. Ahrens responded that the survey indicates that the existing roadway may have been shifted south 15 to 20 feet. Mr. Robinson made a MOTION to approve the minor subdivision as requested with the conditions outlined in the staff report. Mr. Johnson seconded the motion. All voted in favor. Motion carried. Mr. Johnson made a MOTION to approve the variance as submitted with the conditions outlined in the staff report. Mr. Gelbmann seconded. All voted in favor. Motion carried. VI. DISCUSSION ITEMS: Mr. Wessel expressed his appreciation to the Board for their ongoing responsiveness and support of quality economic development projects. Ms. Wyland reminded members of a work session scheduled for the Planning & Zoning Board on Friday, April 12, 1996, at 7:00 a.m., at City Hall. Mr. Dick Mantina, 405 Ash,asked if a decision was made on the Rick Carlson application. Planning & Zoning Board April 10, 1996 Chair Schaps responded that he announced at the beginning of the meeting that the Rick Carlson application was withdrawn from this agenda. It may be on the May or June calendar and urged Mr. Mantina to contact staff for further information. Mr. Mantina stated that his concern is about $200,000 worth of development. near his property which would require road improvements. His property is only worth $85,000. He will be assessed for those road improvements, and he would like to see developers pay their share. Ms. Wyland stated that funding for road improvements to 62nd Street will be considered with Mr. Carlson's site plan. A notice will be published in the newspaper when the project is on the agenda. VII. ADJOURNMENT: William Johnson made a MOTION to adjourn the meeting at 8:00 p.m. and was supported by Al Robinson. All voted in favor. Motion carried. 10 AGENDA ITEM A STAFF ORIGINATOR Mary Kay Wyland DATE May 2, 1996 TOPIC Hal Leibel, 7566 Peltier Lake Drive, Minor Subdivision This minor subdivision involves a request by Mr. Hal Leibel to split a 2.36 acre parcel, containing the original homestead, from a 125.4 acre parcel located on the east side of Peltier Lake Drive, south of the Rehbein's Peltier View Subdivision. The property is zoned Rural and indicated as such on the City's Comprehensive Plan. The City's Zoning Ordinance provides for a 10 acre minimum lot size in a rural zoning district. However, in October of 1993 the City Counicl adopted Ordinance No. 93-18 which provides, in part "Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one (1) acre if the balance of the property results in a parcel of ten (10) acres..." The minor subdivision proposed meets the criteria established by this Ordinance No. 93-18. The existing homestead is approximately 80 years old and the balance of the property will exceed 10 acres. Additionally, no wetlands are located on this site according to the NWI Map. Currently the property is wooded and can provide alternate site(s) for an on-site septic system should that be necessary. City sewer and water will not be available to serve this property for some quite time. Staff would recommend approval of this minor subdivision request. We would also recommend that the Park Dedication Fee be waived on this subdivision as it is not creating any additional housing units. We would adivse the Board that when future development of the property occurs, a park dedication requirement will be enforced. 1. Approve minor subdivision to split 2.36 acres from remaining 124 acres and waive park dedication requirement. 2. Approve minor subdivision to split 2.36 acres from remaining 124 acres with the condition that a park dedication fee in the amount of $5510 be collected prior to recording of the subdivision with Anoka County. Option; 1 iV ReTH .L/NE OF GOv'r. LOT /, 773/,ah'.22 NoArt, .Y4 CORNER '%HAFQ.Gtt; CAR Noo 1 - /45, 8B iv89° 35'06"W - •NCM = 40 FEET h - 282,00_ 5 89"35 O6 "� - 248, 85 - 109056: 'x'83 4(D , ALRg W/ H‘9/ 0\ X07 i p / / if)) I t 1 f, / 3405, / r-, 1 tae .?,5f 5.95 9 5 - 3z0. 7/- C. 949t,�c '� - 354 76 - 1 N88°58'52'yV SOUTH L./NE of NORTH 74' OF SOY -27 .COT / AS Mp/YUMENTG 17 1 x Ij2 of Government Lot 1, Section 14, Township 31, Range 22, Anoka County, follows: , 1 PELTIER LAKE (No,- ARM) Al COATI' [14161 PELTIER LAKE NUMBER 47 3 REVISED ITV OF CENTERVILLE ,142.112 r- CREE ®DDEE7� D suw soL gnl�tD,t, yt;r..r 4e .ACO�v FJ i En00 0 9 ��°0'zr.2? RI a � dp 0 0�© O 0 ._!LE, o, `� P GREE KC 11 ©�pw� rail ®_ minaCZNOMan 41 eo©oma°aeErl'41F r -a.' ` NWRER 4 ' (''urgoan ©� Q1 Qtta T` r: T:.r■lu�vf[i q pUpl •.' 5 . *!� O 1161001=k4 11 OF LINO LM(ES V= imarg!� ©mi SD mil♦ faQEZ9 .'24. V OF LINO ;■:1:11 WI 01O1 vj J��,YIL G ,. 0441 alis 1!1 7� 4 SI. ��O� o on.©2 um �a . prE'er ii;____ 4 d lard Etliatimi FIR MAIM I onning • mi _NI 411• pp .,1 ��','. 51601 I .ION _u NUMBER 48 .41 anagannwA� m d�4 a��o ft��a©oiM °onom©a8 8� T AGENDA ITEM B STAFF ORIGINATOR Mary Kay Nyland DATE May 2, 1996 TOPIC Duff Dorschner, 307 Lilac, Minor Subdivision/Variance This case involves a request for a minor subdivision and variance to allow the easterly 10' of Lot 1, Block 1, Behm's Century Farms 1st Addition to be split from that lot and added to Mr. Duff Dorschner's property at 307 Lilac, immediately to the east. The purpose for the subdivision is to allow Mr. Dorschner more maneuvering room to enter his existing garage at 307 Lilac, the garage faces due west. Should the subdivision be approved, a variance would be necessary in order to allow Lot 1, Block 1 to be 125' in lot depth. The Zoning Ordinance requires a minimum depth of 135'. No variance would be needed for lot area as the reduced parcel size would be 13,625 square feet. Both properties are Zone R-1 Single Family Residential and indicated as single family in the Comprehensive Plan. Mr. Dorchner's property is currently 165 feet wide and 600 feet deep. When the dwelling was originally constructed, in 1982, the City did not require a lot survey and apparently this home was constructed too close to the westerly property line Considering the garage orientation. Two driveways have been serving the site for several years with the westerly driveway encroaching on the Behm's property. Access to the existing attached garage is from the westerly driveway. Additionally, Mr. Dorchner has constructed a fence which is also over the property line. To eliminate this access problem, Mr. Gary Uhde, the developer of Behm's Century Farms, has agreed to sell Mr. Dorchner 10' of Lot 1, Block 1 subject to City Approval. This would allow the fence to remain and Mr. Dorchner to maintain access to his garage. As an alternative, Mr. Uhde has offered to provide a temporary easement over Lot 1, Block 1 to allow time to reorient the garage entrance to the front of the home. This would require an addition to the existing garage and possibly the living area over the garage. Mr. Dorchner is not in a position, at this time, to facilitate this construction and would prefer the subdivision route. In considering the variance, the City must make a finding of fact: A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. As it exists, the garage will be difficult to enter without the additional 10' provided with this subdivision. However, an easement would allow the same access. B. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. Although the access problem was not created by the current property owner, Mr. Dorschner, the original building/owner created the problem by orienting the garage entrance to the west with only 28 feet to access. C. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. This hardship could be considered economic as the problem would be eliminated with the reorientation of the garage to face Lilac. However, a reasonable use for the existing garage does not exist unless the subdivision is approved or an easement obtained. D. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. No special privilege would be afforded this applicant that would not be offered to another under similar circumstances. E. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. Property values should not be "unreasonably" diminished with the variance or easement arrangement. F. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The intent of the ordinance is to provide for single family residential use of the property. That shall be maintained in either case. ................................. OPTIONS ................................. .................................. ................................. 1. Approve Minor Subdivision with variance to allow Lot 1, Block 1, Behm's Century Farms a lot depth of 125'. 2. Deny minor subdivision and variance and suggest Mr. Dorchner secure an easement from Mr. Uhde to allow use of the westerly 10' of Lot 1, Block 1, Behm's Century Farms until his garage can be reoriented to Lilac Street. RECOMMENDATION Option 2 wrAbN ____ 1111111 IN tiiT!11 ��" 3 3 ��ry OM � q 4 4 � I�eIN r �. �,1QL • / �- 5 :�REHABILITATION CENTER 1 °L" S Qp in ilia_ 2 1vso 1sis'� Ira iM II!III1l!U.�"' .1.14.9942E1'125 �viii i c0000pr�oo: v1... i 6 r./ I ♦ 1 1 r–n 1\ I V I w«u r «�.« LANE WOCTI I -9 [. ii VI ln - e I' "-11`.o. NI L IF 4 gI ‘th�. 13 gI ic.�'I: 0Lohl, I$ 2 gl a915-1 x I I I �' 4'i 11;101% F_ �_ J M 0aa'21J1 �, -°9P.°61�.aa- , loamy "Is -121 Ii Io I� g I I l I�gJ.; „ 12g �1041 Le 13� .00— IM 4 �$�4�JL$'•14O1�$ 122.00J COUNTY OF AN AGENDA ITEM C STAFF ORIGINATOR Mary Kay Nyland DATE May 2, 1996 TOPIC Jeff Kelley, 73xx 20th Avenue, Site Plan Review/Zoning Ordinance Text Amendment to allow golf driving range Mr. Jeff Kelley has made application for an Interim Use Permit that would allow a golf driving range and future mini golf facility on 20th Avenue in the Rural Business Reserve Zoning District. At this time, that Zoning District allows the following uses: Single-family detached dwellings Agriculture, gardening and sod farming Temporary stands for the sale of agricultural products produced on the premises. Stock raising, dairying, and stables in accordance with Lino Lakes City Code, Section 503 Commercial greenhouses and nurseries Home occupations as provided in Section 4, Subdivision 4 Conditional uses include the following: Commercial riding stables Feedlots Public Buildings Commercial horse breeding and operation Commercial boarding stables Livery stables Horse arena In January of 1994, the City Council adopted Ordinance No. 93-24 which added Interim Uses to the Zoning Ordinance. A general standard of that ordinance provided, "new uses: the use is allowed as an interim use in the respective zoning district". Additionally, it was the City's intent at that time, to add interim uses as the need arose. It would, therefore, be appropriate at this time, to process a text amendment that would add golf courses/driving range as an interim use to this Zoning District. As you are aware, the purpose of an interim use is to A. Allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. C. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. In the current review of the City's Zoning Ordinance, it has been the P & Z's recommendation to add the permitted uses from the Rural Zoning District to the R -BR District. This will not be facilitated, however, until later this Fall which does not meet with Mr. Kelley's time schedule. Adding a golf course/driving range to the interim use category in the R -BR Zoning District and subsequently changing that particular use to permitted would actually bring the use into conformance with the Code as indicated in B above. Should the Planning & Zoning Board consider this a reasonable request, we would suggest that a public hearing be scheduled for June to review a text amendment. An alternative would be to require Mr. Kelley to wait until the full Ordinance review is complete which would eliminate any golf range use this season. SITE PLAN REVIEW The property in question is 20 acres in size and located on the east side of 20th Avenue in the 7300 block. A parking area, club house (garage), portable sanitation, fencing, tee boxes, and netting are proposed for the site. A future mini golf area is also outlined on the plan. EDAB has reviewed this plan and recommended approval. The proposed use could be considered temporary in nature and should not impede future commercial development of the R -BR Zoning District. EDAB has also concurred with the P & Z recommendation to add the permitted uses in the Rural Zoning District to the R -BR District. Should the P & Z determined to approve this site plan and subsequently hold a public hearing to review a text amendment to the Zoning Code, we would recommend the following conditions of approval: 1. Proper building permits be obtained prior to any construction. A deposit equal to 1% of construction costs shall be posted to insure completion of site improvements. 2. The driveway and parking area be provided with a dustless surface approved by the City Engineer. 3. Lighting standards be of the type to provide minimum disruption to the adjoining property owners as determined by the City. 4 The sanitation facilities be located inside the club house/garage area. If this is not possible, screening be provided to adequately screen the facilities from the street right of way and adjoining properties. This screening should be subject to the review of the City Forester and/or Community Service Officer. 5. A landscaping plan shall be provided and reviewed by the City Forester. 6. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 7. Netting serving the golf range shall be durable and secured to poles subject to approval of the City Engineer. A detail of the fencing/netting shall be provided for City review. 8. Set Public Hearing to add golf course/driving range as interim use to the R -BR Zoning District. 9. Other conditions as imposed by the City. OPTIONS,, 1. Approve Site Plan Review and Interim Use Permit with conditions outlined above. 2. Deny request and require applicant to wait until full Zoning Ordinance Update complete. RECOMMENDATION Option 1 Council Member Kuether introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDIANNCE NO. 93-24 AN ORDINANCE PROVIDING FOR INTERIM USES The City Council of the City of Lido Lakes -hereby ordains as follows: Section 1. Section 3, Subd. 2 of the City Zoning Ordinance is amended to include the following definition: Interim Use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. Section 2. Section 4 of the City Zoning Ordinance is amended to add the following subdivision: Subd. 3-6 - Interim Uses (1) PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: (A) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (B) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (C) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. (2) PROCEDURE: (A) Existing Uses: Uses defined as interim uses which presently exist as a legal use or a legal non -conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses. (B) New Uses: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by sections, subdivision of this Ordinance 1 (3) GENERAL STANDARDS: An interim use shall comply with the following: (A) Existing Uses: Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. (B) New Uses: (i) Meets the standards of a conditional use permit set forth in Section 5, Subd. 5 of this Ordinance. (ii) Conforms to the applicable performance standards of this ordinance. (iii)The use is allowed as an interim use in the respective zoning district. (iv) The date or event that will terminate the use can be identified with certainty. (v) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. (vi) The user agrees to any conditions that the City Council deems appropriate for permission of the use. (4) TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs: (A) The date stated in the permit. (B) Upon violation of conditions under which the permit was issued. (C) Upon change in the City's zoning regulations which renders the use non -conforming. (D) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall become effective immediately upon its passage and publications. Adopted by the Council of the City o Lino Lakes this 24th day of January , 1994. ATT ST Mari yn Anderson, City Clerk Vernon F. Reinert, Mayor 2 The motion for the adoption of the foregoing Ordinance was duly seconded by. Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof, Bergerson, Elliott, Kuether, Neal, Reinert The following voted against same: None Whereupon said Ordinance was declared duly passed and adopted. 3 NUM. PELTIER LAKE odesifirimat ,.00h naIet 904 0 ;ISO op nriuts O��C�CF9tiC�ty' ®pT w Iwo vacs O0 1�, 07�L9Z\`al®� T OF GENTENNLLE' tlIttktion933 ririt:i"trang Int `""aod�6a ROW:A.6% Rriuimoseii Hww�yy-. Sib MMID op Qilan ehaita 0� ';71. mm1 MIL It INE -1 dos Itt aimmona 25' HI NETTING FUTURE MINI GOLF #1 SPLIT RAIL FENCE SHRUBS& SHRUBS FUTURE MINI GOLF #2 5 LIGHT POLES 25' HI NETTING KELLEY GREENS DRIVING RANGE 110014 1.10E Of THE flit Of THE WW / SF THE 3W1` Of SEC 13, T. Si.122 --- 330.7f --- i IzE • O N 33 ww •40019 1102 RACE S69 . efe. - --132126-- 2044 "3., E NMAm TO► CENTER Of •,4,. 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