Loading...
HomeMy WebLinkAbout09/08/2021 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 p.m. on September 8, 2021. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was approved as presented. IV. APPROVAL OF MINUTES: Mr. Root made a correction to the August 11, 2021 meeting minutes. On page two, paragraph two, the sentence should be revised to note Mr. Root recommended making a record of the meeting in order to ensure neighborhood concerns are addressed. He clarified he was not necessarily recommending recording the meeting visually or audibly. Mr. Root made a MOTION to approve the August 11, 2021 meeting minutes as amended. Motion was supported by Mr. Vojtech. Motion carried 6 – 0. Chair Tralle abstained. V. OPEN MIKE Chair Tralle declared Open Mike at 6:33 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:33 p.m. Motion was supported by Mr. Wipperfurth. Motion carried 6 – 0. Chair Tralle abstained. DATE: September 8, 2021 TIME STARTED: 6:30 P.M. TIME ENDED: 7:47 P.M. MEMBERS PRESENT: Paul Tralle (Chair), Michael Root, Neil Evenson, Isaac Wipperfurth, Nathan Vojtech, Perry Laden, Jeff Reinert STAFF PRESENT: Michael Grochala, Katie Larsen, Kelsey Gelhar, Janele Waterman, Jessica Eller Planning & Zoning Board September 8, 2021 Page 2 APPROVED MINUTES VI. ACTION ITEMS A. PUBLIC HEARING: Lake Amelia Woods Preliminary Plat Ms. Larsen, City Planner, presented the staff report. The applicant, Tom Budzynski of TJB Homes, Inc., submitted a land use application for a preliminary plat. The applicant proposes to subdivide 2 existing parcels into four, 10 acre rural lots in order to construct four (4) new single family homes. The site is located on the east side of Amelia Lake and is 40.85 gross acres as measured above the OHWL. Staff recommended continuation of the public hearing for a preliminary plat for Lake Amelia Woods. Board Comments Mr. Reinert expressed concern with the idea of prohibiting motorized watercraft on the lake without first receiving input from current residents as well as the new incoming residents. Mr. Root said it is not appropriate for the Board to consider implementing a ban on the lake as part of approving the preliminary plat. He commented the minutes from the Environmental Board meeting did not specify why the Board recommended prohibiting watercraft on the lake and he questioned what their rationale was. He asked Ms. Larsen if the ghost plat submittal is regarded more as a formality or if it is reviewed and adjusted per her recommendations. Ms. Larsen said she reviews the ghost plat to make sure it is logical and the house is properly located. She explained the ghost plat the Board received is the applicant’s third plat submission. She has been actively working with the applicant to ensure any necessary changes are made to the ghost plat. She noted lots 1 and 2 have the most opportunity for redevelopment. However, lots 3 and 4 do not have the potential to redevelop given the topography and terrain. Mr. Evenson asked Ms. Larsen if she could explain the drinking water supply management area since he had not heard of it. Ms. Larsen asked Mr. Grochala if he would address Mr. Evenson’s question. Mr. Grochala explained the City owns six wells which provide water for a significant majority of City. The drinking water supply management area is a specific area where it has been determined groundwater can reach the aquifer that the City uses. This management area is a part of the overall plan to protect the aquifer from potential contamination. He said the applicant’s current plans have filtration basins within the 150 ft. OHWL setbacks. This needs to be revised because, with the Planning & Zoning Board September 8, 2021 Page 3 APPROVED MINUTES filtration basins in their current position, surface water and possible contaminants can reach the aquifer quickly. Regarding the idea of prohibiting motorized watercraft, Mr. Evenson questioned how many residents live on the lake. Ms. Larsen said there are six property owners. Mr. Evenson stated, since the property owners have resided there for a while, he would oppose prohibiting motorized watercraft on the lake. Mr. Wipperfurth wondered if the new homeowners would be able to remove the raingardens and stormwater management ponds once they obtain ownership. Ms. Larsen said the new owners would be required to maintain the raingardens and the stormwater management ponds. She clarified stormwater maintenance agreements are recorded against the properties and the agreements declare the homeowners are responsible for the maintenance of the stormwater ponds. Mr. Wipperfurth questioned if anyone checks whether the stormwater ponds are being maintained or not. Ms. Larsen explained the City is responsible for making sure private stormwater ponds are being maintained. If the homeowner is not maintaining the pond, the City has the ability to go in and maintain it. Mr. Wipperfurth asked, since the homes are close to groundwater, does the City require sump pumps or sump pits. Ms. Gelhar said that question would be best addressed by the City’s Building Official, Patrick Moonen. She stated she would ask Mr. Moonen and inform the Board of his response. Regarding groundwater, Ms. Gelhar clarified, once our team of engineers receives the low floor elevations based on the soil borings, they check to make sure the houses are 4 ft. above groundwater. With this application, she explained there were some instances where the engineers could not tell if the house pads were 4 ft. above groundwater because they either did not encounter groundwater or where they went down to was not 4 ft. from what the applicant was proposing. The applicant, Tom Budzynski, commented sump pumps will be installed in every house. He noted drain tile will be installed inside and outside and rock will be placed under the basement floor. Mr. Wipperfurth asked Ms. Gelhar what she uses to find groundwater. Ms. Gelhar stated groundwater is normally indicated on the soil boring report. Planning & Zoning Board September 8, 2021 Page 4 APPROVED MINUTES Mr. Vojtech questioned since these homes will be located off of interstate 35E, does the City have any concern for noise. Ms. Larsen said given the lots are 10 acres and the houses will be placed far away from interstate 35E and highway 54, the City is not taking noise issues into consideration. She said the applicant could construct a screen or plant evergreen trees, but the City is not requiring them to do so. Mr. Vojtech inquired if the lake across the street, Otter Lake, prohibits motorized watercraft. Ms. Larsen commented she is not aware of any such bans on Otter Lake. Mr. Vojtech asked if there are any rules in place that would prohibit individuals from driving recreational vehicles within the wetland buffer. Ms. Larsen explained, in general, wetland buffers are a no impact area and they should be maintained in their natural, vegetative state. Mr. Vojtech wondered if no impact means residents will not be able to mow the area either. Ms. Larsen verified the mowing of wetland buffers is not allowed except for the 20 ft. wide access that is permitted down to the lake. Mr. Vojtech asked if individuals who purchase the homes are informed of the wetland buffer restrictions. Ms. Larsen stated wetland declarations are recorded against each property. Moreover, she said signs will be placed around the perimeter of the wetland buffers in order to notify individuals a wetland is present. Chair Tralle asked if the applicant can add dirt and increase the house pad to get above the four feet to groundwater requirement. Ms. Larsen said yes, the applicant has to build up the site in order to meet the four foot requirement. Chair Tralle commented the discussion concerning whether or not to prohibit motorized boats on the lake is none of the Board’s business. He elaborated if the property owners on the lake want to have a motor limit of 25 horsepower they can make that decision. He concluded he is not in favor of boat restrictions. Ms. Larsen noted the lake is shallow and there is no public access. Chair Tralle asked if the depth of the lake is known. Planning & Zoning Board September 8, 2021 Page 5 APPROVED MINUTES Steve Gallop, a resident who lives on Amelia Lake, said on a normal year, the lake is approximately 5 or 6 feet deep. However, he commented, this year he could see blue herons standing in the water. Moreover, he explained if anyone tried to canoe their paddle would hit the muck. Applicant’s Comments Chair Tralle asked the applicant if he was involved with the previous land use applications concerning this property. Tom Budzynski, with TJB Homes, Inc. located at 9100 Baltimore Street NE, Blaine, MN 55443 introduced himself to the Board. He stated the property is owned by John and Patricia Commers. Several years ago, he worked with the owners on a proposal to construct single family lots. Later, they proposed an apartment concept where they would bring sewer and water in from White Bear Lake, but those plans fell through. Today, they are proposing four 10 acre lots. He said the lots are pretty rural and have a feeling similar to being up north. He commented once the homes are up for sale, he anticipates they will sell quickly. He stated Amelia Lake is generally not a motorized lake rather it is a canoe and kayak lake. Chair Tralle asked Mr. Budzynski if he understood the Board’s feedback. Mr. Budzynski said he understood. He stated his engineer needs to move a few raingardens and wells on the site. However, he acknowledged they need to first plot out the homes before they can determine the placement of the wells since the wells need to be so far away from the septic system and driveway. Chair Tralle asked Mr. Budzynski if he had any questions for the Board. Mr. Budzynski recalled a water willow survey is required and he questioned what that is. Ms. Larsen stated it is a rare species survey. Mr. Budzynski said the rare species survey has already been ordered. He shared the owner to the north of the site was given an easement to cross the property. Powerline easements were also granted because wires were positioned in places where initially no rights were granted. He said he has done nearly everything he can to move forward on the project. He commented the houses will be nice and the price point per home will range from 1.2 to 1.8 million. Chair Tralle declared the Public Hearing open at 7:07 p.m. Steve Gallop, 6102 Centerville Rd, said he owns the land on the south end of Amelia Lake from Centerville Road to the freeway and from the freeway to Otter Lake. He stated when he purchased his home, only three homes had access to the lake. He Planning & Zoning Board September 8, 2021 Page 6 APPROVED MINUTES commented, due to the lack of rain this year, the floating bogs are now anchored which makes it more difficult to access the lake. He said the water level is only a few feet deep and most of the lake is mud. Due to the lake’s shallow condition, Mr. Gallop supported the idea of implementing a motor restriction on the lake. He commented even a small motor stirs up the mud and it produces an unpleasant smell. However, he said he would not recommend a boat restriction. He stated he served on the Shoreview Lake Regulations Committee for 15 years and during his time, the Committee implemented several regulations on the lake as requested by homeowners and lake associations. He said lake regulations need to be approved by the Department of Natural Resources. Chair Tralle explained it is not the Board’s responsibility to regulate boat use. Moreover, he said it is likely the current condition of the lake would not entice boating enthusiasts. He thanked Mr. Gallop for attending the meeting. Mr. Reinert made a MOTION to recommend continuation of the public hearing for preliminary plat for Lake Amelia Woods. Motion was supported by Mr. Evenson. Motion carried 6 – 0. Chair Tralle abstained. B. PUBLIC HEARING: Interim Ordinance Creating a Moratorium for Mini Self- Storage Facilities Ms. Larsen, City Planner, presented the staff report. On October 9, 2019, the Planning & Zoning Board and staff discussed the possible need for additional regulations regarding mini self-storage facilities. Recently, staff received inquiries from developers wanting to construct more mini self-storage facilities. Since the City is currently updating its zoning ordinance, staff recommended a one (1) year moratorium on mini self-storage facilities to allow time to review and possibly amend the ordinance. Staff recommended approval of the interim ordinance creating a moratorium for mini self-storage facilities. Board Comments Mr. Wipperfurth asked if developers need to get a conditional use permit to build mini self-storage facilities. Ms. Larsen said yes, a conditional use permit is required. Mr. Wipperfurth questioned if a conditional use permit allows the City to enforce different restrictions and negotiate a procedure with the contractor. Ms. Larsen explained there are three required conditions of a conditional use permit and it is at the City’s discretion to add other reasonable conditions. She Planning & Zoning Board September 8, 2021 Page 7 APPROVED MINUTES recommended revising the zoning ordinance to include specific details about where the City would like to have mini self-storage facilities located and whether the City would like to see single building storage facilities constructed. Mr. Wipperfurth asked how a large single building storage facility compares in value to a large distribution warehouse such as Distribution Alternatives. He further questioned if the City would want a large single building storage facility built in the same industrial areas as our warehouses. Ms. Larsen clarified mini self-storage facilities can only be constructed in our industrial areas. She said the valuation of a large single building storage facility would not be as high as Distribution Alternatives. Mr. Wipperfurth said he is in favor of creating a moratorium, discussing mini self- storage facilities further, and revising the zoning ordinance. Mr. Reinert commented the City of Lino Lakes has implemented moratoriums before. He said Lino Lakes is thoughtful about development. Since mini self-storage is growing in popularity, he supported creating a moratorium in order to give the City more time to determine how mini self-storage facilities ought to be constructed in Lino Lakes. Mr. Laden asked Ms. Larsen how long it will take to revise and approve the zoning ordinance to include mini self-storage facilities. He recalled the topic of mini self- storage facilities was brought up two years ago, but no further conversation ensued. He said creating a moratorium is a drastic move and should be a last resort. Ms. Larsen explained since we do not want to change the ordinance multiple times, the goal is to include mini self-storage facilities within the zoning ordinance update. She said it will likely take one (1) year to adopt the zoning ordinance, but if it gets approved by City Council and through the public hearings quickly, then it may be approved sooner. Mr. Laden wondered since there is demand for mini self-storage facilities now, will the City miss out on development opportunities if a moratorium is created. Ms. Larsen said the developers will return. She stated the City ordinance needs to have more thorough language in place regarding mini self-storage facilities. Mr. Laden questioned why the City would not push the mini self-storage facilities ordinance amendment through if there is demand for mini self-storage now. Ms. Larsen explained the City needs time to discuss where the facilities should be constructed, whether in commercial or industrial districts, and what will the conditions be. She stated the City is discussing such topics right now with the zoning Planning & Zoning Board September 8, 2021 Page 8 APPROVED MINUTES ordinance update. Therefore, it would not be an efficient use of City time to repeat the process twice. Mr. Reinert agreed with Mr. Laden’s comment that a moratorium is a drastic move. He said a moratorium was implemented in Lino Lakes 20 years ago. It was a difficult decision, but the City felt they did not have the right ordinances in place to handle development at the time. As a result of the moratorium, Mr. Reinert stated the City was well built out. He said although moratoriums are a drastic move, sometimes it is a good move. He commented if the City is concerned about not having the proper ordinances in place to address mini self-storage facilities, he would support implementing a moratorium. He added, if the Board is concerned about losing development opportunities, the Board should suggest a nine month moratorium instead of one year. Chair Tralle disagreed with Mr. Reinert. He said Lino Lakes has not developed its business or industrial areas to their full potential. Mr. Reinert clarified the moratorium 20 years ago was for residential construction. Chair Tralle commented as a result of the lifting of the moratorium, homes were constructed which brought an influx of businesses to Lino Lakes. He stated Lino Lakes is not a business friendly community and the City does not encourage businesses to come here. He said the City waits for contractors to come and ask about development, but then the City does not develop. He agreed with Mr. Laden’s comment the topic of mini self-storage facilities was brought up two years ago, but no action was taken. He said he would be in favor of a six month moratorium, but not a year. He concurred with Mr. Laden stating if there is demand for mini self-storage now waiting a year would not be wise. Mr. Grochala said the point in reviewing the mini self-storage facilities with the zoning ordinance update is to reconsider where we want those facilities located and to discuss whether the conditional use permit requirements should be revised. He commented there have been several things occurring over the past two years and a significant portion of the Board’s time, City Council’s time, and staff time was dedicated to the 2040 Comprehensive Plan. He noted once the comprehensive plan is finalized, the City reviews and updates the zoning ordinance accordingly. Chair Tralle asked who determines what the City wants regarding development in Lino Lakes specifically regarding the lot next to the American Legion. Chair Tralle recalled, if the lot is not developed within two years, the City will buy it back. He also thought the City decided any service or auto repair will not be allowed on the lot. Mr. Grochala said the Planning and Zoning Board provides direction and the City Council makes the final decision on development in the City. He commented concerning the lot, since the City sold the property for the purpose of economic development, the City requires that it is developed within a specific period of time. If Planning & Zoning Board September 8, 2021 Page 9 APPROVED MINUTES the parcel is not developed within that time period, ownership will revert back to the City. In 2007, when the City was considering selling the lot, the decision was made to not allow a convenience store in that location so as to not compete with existing businesses in town. As the land owner, the City has the sole discretion to place such conditions on parcels. Mr. Reinert commented the Planning and Zoning Board and City Council does not approve businesses because a business can fail within a year and a new business then would occupy the space. Rather, he said, the Board and City Council approves buildings. Chair Tralle then asked about the approval of G Will Liquors. He questioned if the Board approved the building, but not the liquor store. He noted a license was issued to the company as well. Mr. Reinert reiterated G Will Liquors could have went out of business in six months and some other business entity could have then moved in. Mr. Vojtech said he utilizes mini storage. He stated, when he wanted a unit, he called several companies around Lino Lakes and Columbus and no one had an opening. He commented mini self-storage units are clearly utilized by residents. He said he is in favor of implementing a moratorium for mini self-storage. Mr. Root recommended the City review the current zoning ordinance to ensure they have particular uses in the right locations even if there is development pressure now. He said he doubts the development pressure will disappear within a year, but even if it does, the City will have the right conditions and standards in place. Chair Tralle declared the Public Hearing open at 7:30 p.m. There was no one present for the Public Hearing. Mr. Vojtech made a MOTION to close the Public Hearing at 7:31 p.m. Motion was supported by Mr. Wipperfurth. Motion carried 6 – 0. Chair Tralle abstained. Board Discussion Mr. Wipperfurth commented if there was a lot of business interest in mini self-storage units, developers would be present speaking out against the notion of a moratorium. Mr. Reinert asked if the moratorium is established for one year and the City is able to approve the zoning ordinance and get through the public hearings within nine months, would the City then approach the Board and ask to lift the moratorium early. Planning & Zoning Board September 8, 2021 Page 10 APPROVED MINUTES Mr. Grochala said yes. He added the timeline of the moratorium is set to no more than one year; however, as soon as the City completes the zoning ordinance and it is adopted then the moratorium will be terminated. Mr. Laden encouraged staff to unbundle the mini self-storage facilities ordinance amendment from the zoning ordinance update and move forward on the amendment process quickly. Mr. Root made a MOTION to recommend approval of the interim ordinance creating a moratorium for mini self-storage facilities. Motion was supported by Mr. Reinert. Motion carried 5 – 1. Chair Tralle abstained. VII. DISCUSSION ITEMS A. Project Updates Staff provided verbal updates to the Board on current City projects. VIII. ADJOURNMENT Mr. Evenson made a MOTION to adjourn the meeting at 7:47 p.m. Motion was supported by Mr. Wipperfurth. Motion carried 6 – 0. Chair Tralle abstained. Respectfully submitted, Janele Waterman, Community Development Administrative Assistant