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HomeMy WebLinkAbout12/12/1990 P&Z Minutes1 1 Design Review Board December 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: Monika Slatten, Robert King, Fred Chase, John Bergeson and Al Robinson. Also present were: City Planner, John Miller; City Engineer, Dan Boxrud; Building Official, Pete Kluegel; and Planning Secretary, Laura Elken. CONSIDERATION OF MINUTES Robert King moved to approve the November 14th minutes. John Bergeson seconded the motion and the motion was approved unanimously. OPEN MIKE Mike Koppy addressed the board. He would like to build a 800 square foot garage. He said a year ago this size of an accessory building would have been allowed. He wanted this garage to store items that otherwise would be left outside. Mr. Chase explained the process of applying for a variance. He explained that the board has worked on amending the zoning ordinance and in April of 1990 and a new ordinance was passed. Mr. Chase also explained that in order for the board to grant a variance they would have to feel that the six findings of facts were met. Mr. Koppy received a copy of the six findings of fact and if he feels that he can meet these he will formally apply for a variance. REQUEST FROM RON BIRCH FOR A CONDITIONAL USE PERMIT FOR LAND RECLAMATION ON PROPERTY LOCATED NEAR COUNTY ROAD J AND COUNTY ROAD 54, APPLICATION #90 -63. This item appeared before the board in November under open mike. Mr. Birch owns approximately 20 acres of land on the east shore of Lake Amelia. The land is about 500 feet north of C.R. J and I -35E interchange and west of C.R. 54. Birch wishes to use fill material to complete a berm adjacent to C.R. 54. This will protect the property from illegal dumping and buffer the area from C.R. 54 and I -35E. He wishes to develop the property for residential uses of relatively high value. The berm will protect the property from adverse affects of high traffic volumes and direct a homeowners attention to the lake amenity. Mr. Birch explained that concrete has been dumped in the area and that would also be covered with dirt as part of the berm. MOTION: Mr. King moved to recommend to the city council approval 1 1 1 1 Design Review Board December 12, 1990 of Application #90 -63 to grant a conditional use permit to fill certain areas adjacent to C.R. 54 with the following conditions: 1. No more than 15,000 cubic yards of fill be placed on the land. 2. No fill from other than the Centerville Road and sewer project. 3. The height of the berm shall not exceed ten feet above the elevation of C.R. 54. 4. No water or wetland area shall be filled, or altered, or diminished in any way. 5. The slope of the berm shall be no less than 4:1. 6. The land owner shall be responsible for obtaining permits from any other agencies having review and permit authority. 7. No concrete, asphalt, or metal shall be part of the fill material. 8. The land shall be finish graded and prepared for erosion control in a manner approved by the city engineer. 9. The applicant will check with the Vadnais Lake Water Management Association John Bergeson seconded the motion. Monika Slatten amended the motion by asking the applicant to submit a plan showing what the finished berm would look like. Ron Birch objected. He stated it wold be difficult to prepare a site plan because he is not sure how much dirt he will be able to obtain from the project. Mr. King asked that he contact the city engineer and let him know what his intent is. This must be approved by the city engineer. John Bergeson seconded the motion and the motion was approved unanimously. REQUEST FROM JACK MENKVELD FOR A MINOR SUBDIVISION FOR LAND ADJACENT TO SECOND AVENUE NEAR ELM STREET, APPLICATION #90 -62. Jack Menkveld wishes to subdivide Lot 6 of Block 3 of Ulmer's Rice Lake Addition. 2 Design Review Board December 12, 1990 The request is "to subdivide the backyard" of the existing one -acre lot to create two 75 x 150 residential lots. The city has approved several of these minor subdivisions in the past for parcels in Ulmer's Rice Lake Addition and Ulmer's 3rd Addition. MOTION: John Bergeson moved to recommend to the city council approval of a minor subdivision, Application #90 -60 for Jack Menkveld for property located on Lot 6, Block 3 of Ulmer's Rice Lake Addition with the following contingencies: 1. Revision of the certificate of Survey and preparation of easement documents to show a 5 foot side yard and 10 foot rear yard drainage easement. 2. Submittal of house pad elevations for approval by the city engineer. 3. Payment of a $800.00 park fee. Al Robinson seconded the motion and the motion was approved unanimously. MOTION: John Bergeson moved to recommend to the city council a variance, Application #90 -67 permitting creation of two 75 foot wide residential lots on the parcel of land known as the west half of Lot 6 Block 3 of Ulmer's Rice Lake Addition. Robert King seconded the motion and the motion was approved unanimously. CONSIDERATION OF A PRELIMINARY PLAT SUBMITTED BY BOB ADAMSON FOR OAK BROOK PENINSULA, APPLICATION #90 -06, AND VARIANCE, APPLICATION X90 -66. Bob Adamson addressed the board. He owns a 25 acre parcel on Otter Lake. He wishes to build five home sites on the parcel. There are wetlands to the north and east of the site and the lake on the south and west side of the plat. John Bergeson asked Mr. Adamson to describe the creek running through the site. He explained that it was approved by the DNR. There is a 10 foot x 10 foot box culvert that will allow most boats to have access to the lake. Also a 30" diameter metal pipe culvert will be placed from the channel to permit wildlife to cross the roadway. Dan Boxrud stated that a key issue is the length of the cul -de -sac. it is proposed at 1200 feet. This is a public safety factor and both the police department and fire department have been asked to comment. 3 1 1 1 1 1 1 Design Review Board December 12, 1990 Dan Boxrud recommends approval of the preliminary plat providing the variance is approved. Ron Zorwater approached the board. He is a neighbor and was concerned about who would pay for the street improvements. Mr. Boxrud explained that the street assessment should not affect any other homes. The Historical Society evaluated the site and determined that there are some indian artifacts within the development and in some cases asked that homes be placed in a certain areas of the lot to avoid disrupting the land. The Historical Society is also aware of the road placement. John Bergeson added that as the design review board is concerned the applicant has met all the requirements and they cannot deny the application. The only question remaining is the cul -de -sac length. Alan LaTourneau - 2018 Otter Lake Road is concerned about the development. He stated that the 10x10 culvert would not allow his 14' pontoon boat access to the lake. Mr. Boxrud stated that with the 10' culvert there would be approximately an average of 6' clearance. Fred Chase stated the property owners have to work out the creek issue between themselves. It is not the boards decision. MOTION: John Bergeson moved to recommend to the city council approval of a preliminary plat for Oak Brook Peninsula, Application #90 -06 contingent upon the following comments from the City Engineer: 1. A determination must be made that a 2,700 foot long cul- de -sac can be granted a variance to the 500 foot maximum length specified by city code. 2. Final design must meet all permitting agency requirements. 3. The street must be constructed to city standards, with deviations in design detail allowed by the public works director where environmentally appropriate. 4. Additional percolation tests must be taken before preparation of a final plat. 5. Minimum basement elevation should be determined as 4 feet above the water table as measured, or elevation 915 as a minimum. 4 Design Review Board December 12, 1990 6. The easement area over the pond on Lots 4 and 5 should be increased to cover all land below elevation 919. Approval is also contingent upon purchasing land from Marlin Hansen to provide access to the land. Approval is also contingent upon payment of park fees as required by the park board. Robert King seconded the motion and the motion was approved unanimously. VARIANCE MOTION: John Bergeson moved to recommend to the city council approval of a variance, Application #90 -66 to permit a cul -de -sac greater than 500 feet in length. Variance is based on the findings that no other access is possible to the site because of topography. Al Robinson seconded the motion and the motion was approved unanimously. CONSIDERATION OF A MINOR SUBDIVISION FROM MARLIN HANSEN, APPLICATION #90-15 AND VARIANCE APPLICATION #90 -65. Bob Adamson stated that this minor subdivision is in conjunction with Oak Brook Peninsula. He needs to purchase the land from Hansen for the roadway to the plat. Remnants of his land would also be a part of a park association. He is requesting to purchase a 2 1/2 acre parcel. Al LaTourneau addressed the board. He said that three years ago Marlin Hansen applied before the P &Z board requesting to combine his two parcels to create one 10 acre parcel. John Miller stated Hansen was interested in building an accessory building. John Miller requested this item be tabled so that a certificate of survey explaining the minor subdivision can be given to the board members to better explain the issue. MOTION: John Bergeson moved to table this item due to unanswered questions. Mr. King seconded the motion and the motion was approved unanimously. Mr. Chase said that at the DRB work session last week this item was discussed. The board would like the applicant to purchase land all the way to the east boarder of the parcel. This would create a 2 1/2 acre lot and not require any variances for an undersized lot. CONCEPT PLAN REVIEW FOR HIGHLAND MEADOWS /MENKVELD PROPERTY. 5 1 1 1 1 1 1 Design Review Board December 12, 1990 Jack Menkveld has purchased the Arlo Morehouse land located at the end of 79th Street. The land is a square parcel covering 40 acres with the exception of a five acre parcel owned by the Morehouse's daughter and son -in -law. The daughter is willing to sell a large piece of that parcel, leaving them with slightly less than an acre. Dan Boxrud asked that Mr. Menkveld create a plat including the Morehouse's daughters parcel for future subdivision. Dan Boxrud stated that the plan indicates street connections at all four borders of the site. Boxrud felt that internal circulation could be improved by realigning Lois Lane as it enters the west side of the plat so as to connect relatively directly with 79th Street. The residents along Lois Lane west of this plat will want to gain access to Lake Drive through Highland Meadows. He felt a more direct route would be safer. The board agreed this should be indicated in the preliminary plat. MOTION: Robert King moved to approve the concept plan for Highland Meadows contingent upon: 1. Review and approval by the Lino Lakes Park Board. 2. Availability of city sewer and water. 3. Implementation of the recommendations given by the City Engineer. 4. Increase the radius of Marilyn Drive to thirty (30) feet. Monika Slatten seconded the motion and the motion was approved unanimously. PRELIMINARY PLAT FOR LAKE CREST SUBDIVISION FOR LAND ON BIRCH STREET NEAR BLACK DUCK DRIVE, APPLICATION #90 -64, AND VARIANCE APPLICATION #90 -67. John Miller visited with the applicant and the Engineer. Some changes will have to be made and the application would like to appear before the board next month. MOTION: Robert King moved to table this item until January. Al Robinson seconded the motion and the motion was approved. DISCUSSION OF POSSIBLE ORDINANCE AMENDMENT TO PERMIT HENRY LASKA TO OPERATE A LANDSCAPE CONTRACTORS BUSINESS IN A SUBURBAN RESIDENTIAL 6 Design Review Board December 12, 1990 ZONING DISTRICT ADJACENT TO LAKE DRIVE. Mr. Chase stated that this is the second time this item has been before the board. Mr. Laska was not present at the meeting. He was informed by mail that this item would be on the agenda. John Miller addressed the board. He stated that this was placed on last month's agenda regarding the location of Banshee Enterprises (a landscape contractor) on land zoned for "Suburban Residential" uses. The site of the business is on Lake Drive approximately one - quarter mile south of the north city limits. Mr. Laska was not present at this meeting. Mr. Laska wants the city to do something to allow him to continue the business use of the residentially zoned property. The land use is not a legal non - conforming use as it was started within the last 24 months and the land was zoned residential in 1983. Bill Hawkins, the City Attorney, and Peter Kluegel, the City Building Official are attempting to enforce the city's zoning ordinance and have the business relocated to a zoning district where it would be permitted. Robert King stated that the board cannot set precedence with this issue. Mr. Laska knew that this was a residentially zoned area. MOTION: Mr. King moved to recommend to the city council that the City Attorney, Bill Hawkins handle this issue. Laska has used residential property for his business for three years. It does not serve the long term interests of the city to have another contractor's storage yard located on Lake Drive. Monika Slatten seconded the motion and the motion was approved with Mr. Robinson abstaining. John Bergeson stated this item is a legal issue. If Laska wishes to relocate his business the legal enforcement could be delayed. REVIEW AND COMMENT ON PARK BOARD RECOMMENDATION FOR AMENDING PARK DEDICATION REQUIREMENTS. John Miller addressed the board. The Lino Lakes Park Board is responsible for negotiating with land developers for both land and park facilities. In either late 1987 or early 1988 the park fee for residential lots was increased from about $150 to $400 per lot. Since that time land values have increased in the city and the board members are looking at increasing the cash dedication. 7 1 1 1 1 1 1 Design Review Board December 12, 1990 In their negotiations with the developers, the members have noted that most of them were more interested in paying the $400 than in giving a land dedication. Obviously the cash was a better deal for the developers when actually there should be little financial difference between the two options of land or cash. In any attempt, to rectify this situation the board and the city staff assigned to them have proposed the following: A. Each lot in a minor subdivision would have the fee increased from $400 to $500. B. For other subdivisions this formula would apply: (Land cost) (.10) (Total Acreage) = Dollars /lot Number of Lots The land cost is defined as a minimum of $10,000 an acre. Professional Opinion: So what does the formula produce in way of park fees? Let's look at some examples: Applied to D. Erickson's Willow Ponds this is the result: (10,000) (.10) (13) = $481. 27 Well that shows a modest increase. Let's look at Sunrise Meadows. Even though its already developed it should be a good test for the formula. (10,000) (.10) (42) = $407. 103 Hmmm. Some improvement over the current $400. but not too much. Let's try Woodridge Estates. (10,000) (.10) (38) = $542. 70 OK. Now the pattern emerges. Development with lower densities pay higher rates with the formula. Here all the R -1X developments will pay more if the park board asks for cash. Subdivisions in R -1 areas will pay lesser amounts. Now there are two ways of looking at this. First it can be argued that the bigger lots are more valuable and a higher dedication is fair. And it can also be argued that large lots cover a greater land area so they should pay more; you know, closer to the ten per cent rule. 8 Design Review Board December 12, 1990 The other way of arguing this is that residential areas with greater densities need more park facilities because each lot is smaller. Hence, the cash dedication should be greater. There are after all more people to serve in an R -1 area vis -a -vis an R -1X district. Let's go back to some analysis. Using the draft formula a residential development with a density of 25 homes per acre (about average) would pay $400. per lot - exactly what the current rate is. With the draft formula any density greater than 25 homes per acre actually would pay less than the current amount. For example three lots per acre would provide a fee of only $333. each. A development with two homes per acre would pay $500. for each lot. John Miller Recommend approval of the formula but just as there is a minimum land value there should be a minimum park fee. The city should increase that fee to $450. per lot. If the formula produces a greater amount then fine. But if not the developer would pay the $450. fee. MOTION: Robert King moved to ask the park board to review this item and look at considering a minimum and possibly a maximum cash dedication fee per lot. The board feels that this formula would be a great hardship for developers with only a few lots within their plat. John Bergeson seconded the motion and the motion was approved unanimously. Fred Chase also asked that the park board discuss how park dedication both cash and land would be handled for apartment complexes. RECONSIDERATION OF A MINOR SUBDIVISION FOR EARL OLSON, A REPLAT WITH PARK DEDICATION INCLUDED. John Miller stated that this is a 40 acre parcel of land located south east of city hall. This was approved previously by the design review board. After council approval the park board decided they wanted to collect 10% of the land for park purposes. Prior to this point the applicant was going to pay a $400.00 per lot cash dedication. The property owners do not care either way if it is cash or land, they just want four buildable parcels. Breaking down the 40 acre parcel would leave four 10 acre parcels which is in accordance with the city code. The park board required the applicant to give the city a revised certificate of survey showing park land. The site plan shows a 4 acre parcel that is 9 1 1 1 1 Design Review Board December 12, 1990 land locked. The city does not allow land locked parcels. By taking the park land it leaves two lots that are under the 10 acre minimum for the zone and a variance would be required to allow for undersized parcels. The board felt that the new certificate of survey should have been drawn up to show three lots that would be conforming to city code. The design review board would like the park board to accept the cash dedication and keep the four 10 acre parcels as originally presented. MOTION: Robert King moved to recommend to the city council denial of this minor subdivision due to the fact that it would create two non - conforming parcels. The park parcel would be land locked. The design review board would like the park board to accept a cash dedication of $400.00 per lot in lieu of land. Al Robinson seconded the motion and the motion was approved unanimously. CONSIDERATION OF THE FREEWAY INTERCHANGE LAND USE AND MARKETING PLAN. John Bergeson moved to table this item until January. Monika Slatten seconded the motion and the motion was approved. Al Robinson moved to adjourn the meeting. King seconded. Meeting adjourned 8:46 p.m. 10