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HomeMy WebLinkAbout03/08/1978 P&Z MinutesMarch 8, 1978 A special meeting of the Lino Lakes Planning and Zoning Board was called to order at 8:08 P.M., Wednesday, March 8, 1978 by Chairman Gourley. Members present: Gourley, Shearen, Reinert, Schwankl, Mattson. Members absent: Hill. Mr. Locher, Mr. Gotwald and Mayor Karth were also present. Mr. Gourley said the purpose of the meeting was to clear up some questions and or discrepancies regarding platting procedures. Mr. Gourley turned the meeting over to Mr. Gotwald. Mr. Gotwald first asked what ordinance would prevail in platting. Mr. Locher said Ordinance #56. He also said that he would like to clarify the philosophy of platt- ing Forest Glen was considered. The concern here is the western border that meets Sunset Oaks. There is an outlot platted on the eastern border for future road purposes. The Planning and Zoning Board had felt there should be an outlot or easement on the Forest Glen plat for a future 60' road. However, the lots in Forest Glen would then abutt on two streets. This is not allowed by the City ordinance. Mr. Gotwald felt this would not be a problem since the road would not be installed until sewers are available and then the lots would be split. Mr. Minkveld suggested platting a utility easement on the Forest Glen plat. Mr. Gotwald pointed out that you cannot plat a road easement in Anoka County. Mr. Locher suggested making sure each deed on lots 1 - 8, block 7 and lots 1-8 in block 8 of Forest Glen contain a 30' easement. Then these lots could be split in two when the street is completed on the easement. Mr. Gourley noted that Ulmers Plat was platted with the idea of splitting the lots into four lots. Mr. McLean felt that not many people buy lots with the intention of splitting them in the future. Mr. Reinert asked what other communities are doing in this area. Mr. Gotwald explained that nearer the City the lots are platted minimal size because sewer and water are available. Further out of the Cities, Tots are platted in 22 to 5 acre lots and these problems still exist. Mr. Gotwald further questioned, should we be concerned about future replatting or redividing? We would be trying to second guess buyers and future Councils and Plann- ing and Zoning Boards. This is not possible. He could not see the sense of platting a through steet between Sunset Oaks and Forest Glen at this time. Mr. Minkveld noted that the developers of Sunset Oaks still own Outlot "J". Mr. Gotwald said the City may have to purchase this lot if a future road is developed there. Mr. Shearen asked if we are looking down the road to far? Mr. Gotwald said yes, but felt it is time to consider a master throughfare plan. Mr. Gourley asked Mr. Gotwald what were his suggestions regarding Forest Glen. Mr. Gotwald said that we could follow Mr. Lochers suggestion and require all deeds on the western border be recorded with a 30' utility easement. Mr. Gourley pointed out that our ordinance excludes easements from the one acre cal- culation in lot sizes. Mr. Gotwald said he felt the ordinance was a guideline and • Page -2- March 8, 1978 not intended to impose undo hardship. He felt this part of the ordinance was directed to power lines and those who were splitting off from acreage and calculating the lot size from the center of the road, not necessarily utility easements or in some cases road easements. He also noted that if that particular street were completed the lots would be legal size since water and sewer would be available. Mr. Reinert suggested that when Mr. Gotwald makes written comments on plats in the future that he include comments on how the plat fits future City development. Mr. Gotwald suggested he could take a Z section map and draw in the new proposed plat. Mr. McLean asked if we have a master city map. Mr. Gotwald said no, but as each new area is platted he adds the streets to the City map. He said he could make a separ- ate map, however, it will not be an official map. Mr. Gourley asked if Mr. Menkvelds plat could be acted upon tonight showing a utility easement on all of the western boundry lots with the easement reconded on all deeds. Mr. Locher -said that ultimately whoever owns outlot "J" in Sunset Oaks will get tired of paying taxes on it and will abandon it or try to sell it to the City. If the ease- ment in Forest Glen is recorded as a utility easement and the City decides to build a road there using outlot "J", the City will have to condemn outlot "J" and buy it. Since the easement in Forest Glen is a utility easement whoever owns tha lot will pay taxes on it and maintain it until the time the easement is used by the City. Mr. Gourley asked who would insure that the easement gets recorded. Mr. LOcher said it would appear on the final plat map as an easement and the Clerk will have to in- sist on seeing the deed to make sure the easement was recorded on the deed before a building permit could be issued. It was also noted that proof of ownership is not presently required at the time persons apply for special use permits, variances, rezoning and platting. Mr. Gotwald suggested that persons who wish to change the land use appear with the prospective buyer at the Planning and Zoning Board meeting or the public hearing. Mr. Karth suggested that once a person obtains a purchase agreement he does have a vested interest in the property. Mr. Shearen moved to recommend to Council that the Forest Glan Plat be accepted with a utility and dreainage easement recorded on the west border line for a future road and that the easement be recorded on each deed and subject to recommendations of the Planner, Engineer, Rice Creek Watershed District Board and Anoka County Highway Dep- artment. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Gourley asked for suggestions on the Mar Don plat. Mr. Gotwald said that the future extension of 79th would have to be provided for. After further discussion, Mr. Reinert moved to recommend to Council that the Mar Don Plat be approved subject to the requirement that the fee owner shall, after the fil- ing of the plat execute a deed dedication to the City of Lino Lakes, of an easement for street and public utility purposes, on the north 30 feet of Tots one through eight, both inclusive, Block one of said plat and that no building permits shall be issued until such deed is delivered to the City and accepted by the Council. The in- tent shall be that such street shall not be opened or/and uless and until further dev- elopment demands the opening and use thereof and until the property owner to the north dedicates a 30 foot similar easement immediately north of and contiguous to said Page -3- March 8, 1978 easement. Mr. Shearen seconded the motion. Motion carried unanimously. Mr. Reinert moved to approve enlargement of the lots abutting the United Power Assn. easement if the Power Assn. agrees to a smaller easement and subject to Mr. Gotwalds approval or verification. Seconded by Mr. Shearen. Motion carried unanimously. Mr. Gotwald suggested outling a procedure for prospective platters to follow, instead of just handing them a bunch of ordinances. Mr. Reinert felt Mr. Gotwald would be the logical person to design this outline. Mr. Gotwald said he would get together with the Clerk and work it out. Mr. Gotwald also noted that he is attempting to get reports and plat maps to the Clerk ten days ahead of the regular Planning and Zoning Board meeting. Mr. McLean asked if some of the review of plats done by Mr. Gotwald and Mr. Short is overlapping and a waste of someones time. Mr. Gotwald said he tries to comment on areas that pertain to his field and Mr. Short comments on the esthetics, overall plan, parks, zoning, etc. and matters relating to total City planning. Mr. McLean wondered if it was necessary for both Consultants to review each plat. Mr. Gotwald felt it was but they should also feel free not to comment unless waranted. Mr. Shearen felt something could be missed if both consultants did not look at each plat. Mr. Reinert commented somethimes two heads are better than one. Mr. Gotwald said he would recommend that all plats be sent to both Planner and Eng- ineer and tell each one to comment if necessary. If there is no comment just send a note to the Clerk to that effect. Mr. Gotwald said he is getting concerned that Rice Creek Watershed District is over stepping their authority. He would like to see their by-laws. When they comment, are they recommending or demanding. Can their recommendations be ignored by the City and developer? Mr. McLean suggested that possibly the Planning and Zoning Board and Council meet with a representative of the RCWD. There should be some kind of understanding. Mr. Reinert said he had heard that there is proposed legislation regarding the RCWD and he thought it was tabled for this year but surely will come up again next year. The City should be talking to their legislators regarding this matter. He felt the County Commissioners should be aware of what is happening as well. Mr. Gotwald informed the Board about 160 acres bordering Birch Street that is being developed by meets and bounds. There will be a road constructed in the property. He said he would have to see the plans and specs on the road and drainage before he would approve it for City maintenance. Mr. Gotwald said there is 300+ acres north of Birch Street but in the same area as the above 160 acres that possibly will be developed this year. Mr. McLean asked what other development could be forseen. Mr. Gotwald said Drovers State Bank and the Griffin Companies has directed that Outlot H and Blackduck in Country Lakes be completed. He also noted that Mr. Herbst is still working on his plan for the Lake Amelia area. The street right of way where West Shadow Lake Drive meets 7th Avenue was discussed. The Board will consider this when the plat is considered on March 15, 1978. P.ge>.-4- March 8, 1978 Mr. Karth asked the Board to consider a recommendation for a new member for the Plann- ing and Zoning Board. Mr. Reinert moved to adjourn at 10:20 P.M. Mr. Mattson seconded the motion. Aye