HomeMy WebLinkAbout04/12/1990 P&Z Minutes1
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DESIGN REVIEW BOARD
April 12, 1990
Chairperson Fred Chase called the regular meeting of the
Design Review Board to order at 7:03 p.m. at the Lino Lakes
City Hall. Members present were: Chairperson Fred Chase,
Board Members Al Robinson, Monika Slatten, Robert King, and
John Bergeson. Also present were: Mayor Harold Bisel,
Council Member, Bill Bohjanen; City Planner, John Miller;
City Engineer, Dan Boxrud; and Planning Secretary, Laura
Elken.
CONSIDERATION OF MINUTES
Al Robinson pointed out that on page 12, paragraph 2, it
reads: The parcel is 1500 feet wide. This should read: The
parcel is 1500 feet long.
MOTION: Mr. Robinson moved to approve the March 14th Design
Review Board as corrected. Mr. Bergeson seconded the motion.
The motion was approved.
OPEN MIKE
A. Edward Schwankel, 598 Pine Street.
Mr. Schwankel owns 30 acres on Pine Street. On a ten acre
parcel lies his residence and a small mobile home. An
elderly man lives in the mobile home. This is a non-
conforming use of the parcel, but is grandfathered in.
Mr. Schwankel wishes to purchase a mobile home to replace the
one that is on his property now. This mobile home is a 1971
model, and will not last much longer.
Robert King explained to Mr. Schwankel that the city
ordinance is such that the mobile home is only accepted now
because it has been grandfathered in, although it cannot be
replaced. Mr. King added that this would be setting
precedence, and it may affect other residence.
The zoning on this parcel is Rural.
Al Robinson said that he has known Mr. Schwankel for many
years. He said that he wishes to upgrade this mobile home so
that this elderly man has a nicer place to live.
Mr. Chase stated that Mr. Schwankel would have to apply
formally with a variance in order to pursue this. He would
have to meet all of the six findings of fact in order for the
board to approve the variance and allow replacement of the
mobile home. Mr. Chase added that he feels it would be very
difficult for the board to find that this does meet the six
findings of fact to allow for a variance.
CONSIDERATION OF A PROPOSAL TO REZONE THE I -35E CORRIDOR.
FROM TABLE OF MARCH 14TH.
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April 12, 1990
John Miller explained that at the board's March 14th meeting
the rezoning of the I -35E corridor from "Rural" to "Rural -
Business Reserve" was again discussed and tabled.
The proposal originally would have rezoned about 1600 acres
from "Rural" to "Light Industrial ". Through public hearings
and neighborhood meetings it became apparent that current
landowners would lose property rights with Light Industrial
zoning.
To address the needs of both the landowners who meant to use
their property and the city which wishes to protect it from
premature development, the "Rural- Business Reserve District"
was created. This zone protects all current property rights
and it allows for orderly development of the land as the
market demands. A copy of the text was included in the
packet to the design review board members.
In addition the area of proposed rezoning has been reduced by
about 360 acres. The land removed is adjacent to 20th Avenue
and north of 80th Street - east of I -35E. A few adjacent
landowners feel they are better served by having part of the
corridor remain in the old Rural zoning district and this
reduction is quite frankly an effort to placate them.
The board members asked Mr. Miller to research the result of
the Don Marier request to have the text of the comprehensive
plan show this area reserved for commercial or industrial.
Here is what page 14 of the 1987 comprehensive plan states:
The city has identified the need for expanded commercial
and industrial development opportunities. Coupled with
the availability of ready access, both visually and
vehicular, to a regional arterial highway system, a
general study area has been outlined. This area is
bounded on the north by 80th Street, the east by I -35E,
the south by County 14, and the west by 20th Avenue. It
is the intent of the city to further review this area in
terms of its projected land use needs, infrastructure
requirements, natural restrictions, and adjacent land
use compatibilities.
This is exactly what the city has done. It has been found
that 1) the city needs to reserve near industrial and
commercial land, 2) the I -35E corridor can provide large
areas of flat, buildable highly visible, freeway accessible
land, 3) property rights of current land owners can be
protected with certain zoning ordinance amendments, and 4)
further detailed land use studies and plan amendments can
assure orderly growth from the C.R. 14 interchange to the
north.
The design review board received a copy of the proposal from
the Justice group dated March 11, 1990.
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John Miller added that the city has come up with a way of
retaining the rural character of the area until it is time
for building.
Fred Chase asked for a show of hands from the audience, who
considered themselves part of this justice group. Several
people raised their hands. Secretary's note: There were 78
letters sent out to residents living in this affected area.
Approximately 20 people raised their hands.
Ron Marier, Spokesperson for the Justice Group stated that
the group does want an area included in the "R -B -R" District,
but yet reserve the rural zone. Their proposal includes area
south of C.R. 14, on both sides of I -35E, an area north of
C.R. 14, on the west side of I -35E, and an area north of 80th
Street, east of I -35E, once this site becomes a freeway
interchange.
John Bergeson asked about the zoning classification of "RBR ".
A separate motion will have to be made to establish this new
zoning district.
Mr. Votell stated that he has a problem with the way the
Rural Business Reserve District is drafted. He wanted to go
on record stating that he is opposed to the RBR District.
The "trigger mechanism" is to assure the residents that the
city will allow businesses to start developing land in the
very southern area of the "RBR" district. Once an area is
near completion, a portion to the north would then be allowed
to develop. This will assure the residents that growth will
move to the north, and not be scattered throughout the area.
This was discussed as an option to be included in the "RBR"
district.
Mrs. Tiltgen stated that when the board considers John
Miller's proposal to include a specific trigger mechanism so
that as development occurs it would move north in 1/4 mile or
1/2 mile increments.
Once this area is rezoned to "Rural Business Reserve ", any
commercial or industrial developer will still have to come
before the design review board and the city council for
approval. At that time the parcel would have to be rezoned
to commercial or industrial. Fred Chase explained that this
assures the residents that a "trigger mechanism" will be
followed.
MOTION: John Bergeson moved to recommend to the city council
that the Rural Business Reserve District be established. The
purpose of this district is as follows: This district is
intended to preserve a rural, very low - density environment
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until such time as the land is needed for commercial and
industrial uses. Specific lot sizes and setbacks recommended
by John Miller and outlined in the Rural - Business Reserve
District are approved. Robert King seconded the motion and
the motion was approved unanimously.
MOTION: John Bergeson moved to recommend to the city council
that the following area be rezoned to Rural - Business
Reserve District:
1. All of Section 13
2. The easterly three - quarters of Section 12.
3. The easterly one -half of Section 1.
Monika Slatten seconded the motion and the motion was
approved unanimously.
John Miller's added: The zoning change supported by: 1) the
city's need for additional industrial and commercial land for
future development 2) an artificially high present tax rate,
3) study by the board which shows low - density, low -value
development immenent if preservation of the area is not
implemented, 4) added protection for area residents wishing
to maintain the rural character of the neighborhood as long
as possible, and 5) compliance with the city's 1987
comprehensive plan amendment.
The public hearing will be held May 14th. John Bergeson will
attend this meeting not as a design review board member, but
as a resident, stating his feelings on this issue.
PAUL HOWARD'S BALDWIN LAKE COURT REZONING, APPLICATION #90 -11
FROM TABLE OF MARCH 14TH MEETING.
Bill Chapman, Mr. Howard's Planner, approached the board and
presented a plan proposing a rezone from R -1 to R -6 and an
expansion of the Baldwin Mobile Home Court.
This was tabled a month ago. Since then Mr. Chapman met with
John Miller and Pete Kluegel and discussed:
1. Trunk sewer location.
2. Screening of the property from the R -1 property to
the south and adjacent to Hodgson Road
3. Elimination of driveways and entrances (there will
be a total of five with the proposed expansion)
adjacent to Hodgson Road.
4. Improvements with internal circulation and
accessibility.
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5. Overall land uses including 1) the motel, 2) the
two single- family houses, and 3) ultimate size of
the manufactured home park.
Chapman agreed to revise the plan and submit copies for the
design review board.
Unfortunately, Mr. Miller stated that the applicant's
proposal does not address all of the issues raised and it
does not reflect all of the specific concerns they discussed.
John Miller explained that the sewer issue is a big one and
must be addressed. An easement of at least 60 feet would
need to be obtained. Mr. Chapman stated that a temporary
easement could be worked out with Mr. Howard.
Mr. Miller added that the City of Lino Lakes is limited to
100 new sewer connections in Sewer Service Area 2. This is
because of capacity problems at the Laurene Street Lift
Station. Already this year we've liven written approval for
60 sewered lots in PineRidge Addition and another 40 in Birch
Ponds (the Montain property). Certainly all of these lots
will see new home construction this year. Now take into
account construction in Reshanau Park, South Reshanau Lake,
Woodridge Estates, and possibly Brandywood and it's easy to
see there is a sewer capacity problem. How can Lino Lakes
put another 21 sewer hook -ups into the Laurene Street Lift
Station?
In the last staff report John Miller prepared on this issue,
he suggested denial of the rezoning request for the following
reasons:
1. No city commissioned study or comprehensive plan
amendment exists to justify increasing either the
supply of mobile home lots or the expansion of
Baldwin Lake Court mobile home park.
2. No error has been found to exist in the existing
zoning map concerning Mr. Howard's property.
3. No changes in the overall need for additional low -
value housing have been documented.
4. Plan details for the expansion have not been
approved by the Department of Natural Resources,
Rice Creek Watershed District, or U.S. Army Corps
of Engineers.
5. Unresolved is a need for a sewer trunk line
location in or near the Howard's property as noted
in correspondence from Darrell Schneider, Lino
Lakes City Engineer.
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6. The Centennial School District which serves the
majority of Lino Lakes already has its share of
mobile homes with a total count of approximately
1500 units.
7. Howard was aware of the city policy regarding
expansion of the mobile home park before he
purchased the additional land and applied for
rezoning.
Mr. Miller has now added the following reasons:
8. While the manufactured home park is adjacent to the
lift station, no sewer capacity presently exists
for 21 additional dwellings.
9. The applicant has not submitted a plan for the park
that shows the area ultimate development, 2)
significant reduction of points of ingress and
egress, 3) ultimate use or changes with the single -
family homes and motel located in the park, and 4)
sensitivity to protection of the adjacent single -
family areas from the higher density development
proposed in the manufactured home park.
Mr. Chapman reviewed each of the issues that Miller raised.
He pointed out information taken from the recently completed
Maxfield Housing Study, and indicated that in this report it
states that 10% of home sales are valued at $200,000 or more
and 10% of homes sales are at $100,000 and lower. This
reflects that there is a need for moderately priced housing
in the city.
Chapman stated that he has not met with MNDOT as of yet.
When he does they will discuss access to the court.
He stated that single - family homes have move children per
household than do mobile homes. He didn't feel Mr. Miller's
concern about the school district was justified.
He stated that mobile homes bring more dollars to the city by
way of taxes, and utility payments.
Dan Boxrud stated that John Miller did address the sewer
concern accurately. Lino Lakes will run out of sewer
capacity, it is just a matter of when.
Bob Liecheidl, 6259 Laurene Avenue stated that he lives
within 200 feet of Baldwin Mobile Home Court. He is not in
favor of the expansion. He does not want to live next to the
problems that occur when you live next to a high density
area. He would like single family homes to be constructed at
this site. He said if mobile homes are so economically
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valuable, then why has Roseville and Shoreview stopped
allowing the construction of them.
MOTION: Robert King moved to recommend to the city council
denial of a rezoning request for approximately seven acres of
land from R -1 Single Family to R -6 Manufactured Home Park
District (Application #90 -11) for the reasons as stated in
Mr. Miller's memo dated April 3, 1990, and that are stated
above. Monika Slatten seconded the motion and the motion was
approved unanimously.
Ms. Slatten stated that her biggest concern is landscaping in
this area. There is not very much landscaping in the mobile
home park now, and she feels that it will have a negative
impact. She also felt this is an entrance to the city, and
the city needs to look at that when planning development.
Mr. Chase added that he was a board member a year ago when
Mr. Howard requested a rezone. At that time the applicant
did not have a site plan to look at. Chase stated that if he
would have seen this site plan a year ago, he would not have
approved the rezone. He was hoping for a plan that would
make this area look more aesthetically pleasing. These are
touchy areas and they require a site plan so that the board
is aware of what the area will look like after rezoning. He
was hoping for more screening, larger setbacks and less
density.
8:35 recess
9:45 the meeting was reconvened.
MINOR SUBDIVISION FOR THE ESTATE OF ELSIE WENZEL, APPLICATION
#90 -16.
Ellsworth Wenzel has operated a farm located on both the east
and west sides of Lake Drive and south of Elm Street for many
years. At present he has title to only a small area of land
that includes his house. The garage and other outbuildings
that comprise the farmstead are included in the Elsie Wenzel
estate.
At present Ellsworth Wenzel wishes to gain title to the
garage. The remainder of the estate is to be sold for
development and its sale appears to be imminent.
The board members received a certificate of survey showing
the parcel for which Mr. Wenzel will have title. It is for
slightly more than a half acre. The dimensions were
determined in a way that all buildings that Wenzel will have
will meet the city's setback requirements. A metal building
will be located close to the southeast corner of the property
but will be on land owned by the estate. It may survive
briefly as a construction shack but will disappear when
residential development is completed.
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The land is zoned for multiple family development. The
Wenzel residence will be a legal non - conforming use. Minimum
lot size is 25,000 square feet with 150 feet of frontage.
The new parcel has 25,704 square feet of area and 152 feet of
frontage on Lake Drive. There is no need for a variance.
Michael Flemming, Attorney for the Wenzel estate said that
Mr. Miller's report clearly summarizes the applicant's
request. He had nothing to add to it.
MOTION: Al Robinson moved to recommend to the city council
approval of Application #90 -16 permitting a minor subdivision
of land for Ellsworth Wenzel at 7158 Lake Drive. Mr. King
seconded the motion and the motion was approved unanimously.
This issue will go before council on April 23rd.
MINOR SUBDIVISION FOR ROSS AND ANNETTE REED, APPLICATION #90-
19 AND VARIANCE APPLICATION #90 -20.
The Reeds own a one -acre residential lot at 7133 Rice Lake
Drive. The lot has access to both Rice Lake Drive and the
new Second Avenue. Along with street access to Second Avenue
the Reeds also have access to city sewer and water. The
applicants wish to take advantage of this situation and
subdivide the rear of their large lot and create two new and
smaller sewer - available lots.
The two new lots would each measure 75 x 150 feet giving an
area of 11,250 square feet. The Reed's present residence
would cover an area measuring 150 x 150 feet. This larger
lot which covers slightly more than a half -acre could be
subdivided in the future when sewer becomes available on Rice
Lake Drive.
The land is planned for "urban residential" uses which
includes single- family homes on lots with an area of at least
11,250 square feet.
Presently a variance will be required to permit creation of
lots with a 75 as opposed to 80 foot front. The zoning
ordinance requires the city make six findings of fact in
granting a variance.
MOTION: John Bergeson moved to recommend to the city
council approval of a minor subdivision, Application #90 -19
for Ross and Annette Reed for property at 7133 Rice Lake
Drive contingent upon payment of an $800.00 park fee. Monika
Slatten seconded the motion and the motion was approved
unanimously.
MOTION: Robert King moved to recommend to city council
approval of a variance, Application #90 -20 to permit creation
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of two R -1 lots with 75 feet of frontage based on findings of
fact as required by law. John Bergeson seconded the motion
and the motion was approved unanimously.
REVIEW OF THE REVISED CONCEPT PLAN FOR BRANDYWOOD ESTATES,
DENNIS ERICKSON'S PROPERTY SOUTH OF BIRCH STREET AND EAST OF
12TH AVENUE.
Dan Boxrud reviewed this concept plan for Brandywood Estates
development at the southeast corner of 12th Avenue and Birch
Street. The revision is in response to concerns expressed
about the previous concept plan.
The concept plan now shows lots meeting the R -1X zoning
requirements of the city. This is consistent with current
zoning and the comprehensive plan.
Dan Boxrud discussed access and circulation. Double frontage
lots along Birch Street and along 12th Avenue for a short
distance is reasonable in this plat because of the necessary
street connections due to the contours on the land.
Dan Boxrud explained that the larger wetlands on the plat lie
within proposed lots which are much larger than required by
this zoning district. This makes it possible for the
wetlands to be utilized for storm water control of storm
water generated by this plat and other properties. The
grading and drainage plan will need to be worked out with the
Army Corps of Engineers, Rice Creek Watershed District, and
the city staff.
Sanitary sewer and watermain need to be extended to this plat
from the intersection of Black Duck Drive and Birch Street.
The feasibility of this utility extension will be explored
shortly.
Steve Johnston from Merilla & Associates informed the board
on issues regarding Brandywood Estates. Also present was
Mark Fitzgerald, builder for Dennis Erickson.
Mr. Johnston explained that monuments at two locations will
be installed at the entrance of Brandywood. Designs have not
yet been established.
Al Robinson asked about the wetlands. Mr. Johnston stated
that in- filling will be completed in portions of the low
areas.
This has not been before the park board for review yet,
although there is room for trails along the roadways.
MOTION: John Bergeson moved to approve the revised concept
plan for Brandywood Estates, owned by Dennis Erickson. Al
Robinson seconded the motion and the motion was approved
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unanimously.
REVIEW OF THE PROPOSED ACCESSORY BUILDING ORDINANCE. FROM
TABLE OF MARCH 14TH.
The board reviewed the proposed Accessory Building Ordinance.
MOTION: Al Robinson moved to recommend to the city council
approval of ordinance #05 -90 Amending Accessory Building
Sizes. Mr. King seconded the motion and the motion was
approved unanimously.
DISCUSSION OF RECOMMENDATION FROM THE ECONOMIC DEVELOPMENT
COMMITTEE TO COMPLETE A MARKET ANALYSIS FOR THE FREEWAY
INTERCHANGES.
The Economic Development Committee has been working to get
commercial and industrial development to Lino Lakes for the
last couple of years.
The committee has spent a considerable amount of time
studying the city's commercial and industrial needs.
There is only one work item left before the real work of
attracting businesses is started. The EDC and the DRB must
prepare a detailed land use plan for land adjacent to the two
diamond interchanges.
On March 7th the EDC interviewed three planning firms:
A. Benshoof and Associates
B. BRW, Inc.
C. Short, Elliot, Hendrickson
Short, Elliot, Hendrickson was awarded the job. The cost
will be $16,000.00. SEH will work with the EDC, will attend
all neighborhood meetings, and work with the people that own
the property and adjacent citizens.
The final product from this would be a land use plan showing
location of roads and other public improvements as well as
the locations of the different types of businesses, e.g.
office - warehouses, offices, light manufacturing, and
commercial support businesses.
The consultants agreed on an August 1st completion date that
would allow the city engineer to finish the sewer feasibility
report by September. This in turn would permit the city to
present the results of the planning and engineering work to
developers at a fall "Developer's Luncheon ". In theory then
interested developers would have the winter months to
complete paper work for spring 1991 construction.
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This will go before the city council on April 23rd. for
approval.
Mr. Chase felt that the land use study for the interstate
intersections is really important. He wondered if there may
be other key intersections and areas that should also require
review. For example, Lake Drive and 49, and the Lake Drive
corridor.
John Bergeson stated that Lake Drive and 49 is already
planned with the possible construction of Rice Lake Plaza,
but suggested the Lake Drive corridor, including the Main
Street /Lake Drive intersection.
It was decided that the land use study be completed for the
freeway interchanges at this time. Future land use studies
can be completed in the future.
MOTION: John Bergeson moved to recommend to the city council
approval of a proposal to complete a market analysis study on
the interchanges of I -35E and I -35W, and to award this study
to be completed by Short, Elliott, Hendrickson. Al Robinson
seconded the motion and the motion was approved unanimously.
MOTION: John Bergeson moved to recommend to the city council
that we direct the city planner to pursue proposals for the
possibility of an additional market analysis and land use
studies for the Lake Drive corridor including Main Street,
and also to include any other area within the city with
potential commercial development. Mr. King seconded the
motion and the motion was approved unanimously.
NEW BUSINESS
John Bergeson stated that last month the board ran out of
time and didn't get to the Comprehensive Plan. This will be
on the May Agenda.
OLD BUSINESS
Laura Elken stated that she is now working on the amended
zoning ordinance. This should be completed shortly, and
distributed to the board members. She asked if a work
session should be scheduled to review this. There is a
considerable amount of changes.
The board decided to see what the May agenda looked like. If
it is a smaller agenda the board will try to get to as much
of it as possible at the meeting.
King moved to adjourn the meeting. Robinson seconded.
Meeting adjourned at 9:35 p.m.
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