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HomeMy WebLinkAbout10/12/2022 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Vice Chair Michael Root called the Lino Lakes Planning and Zoning Board meeting to order at 6:31 p.m. on October 12, 2022. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was approved as presented. IV. APPROVAL OF MINUTES: Mr. Issac Wipperfurth made a motion to approve the September 14, 2022 meeting minutes. Motion was supported by Mr. Nathan Vojtech. Motion carried 5 – 0. V. OPEN MIKE Mr. Root declared Open Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Root addressed the following email received from Ryan Johnson – 7840 Knoll Road, Lino Lakes MN 55014: Thanked the board for their service. Requested additional mikes for Mr. Michael Grochala and Ms. Katie Larsen separately. It is difficult to hear both of them if they are providing information simultaneously. Mr. Johnson made an observation on the ordinance regulating delivery of edible cannabinoid products and liquor ordinance. He stated neighboring businesses can deliver to residents here in Lino Lakes and that gives the local businesses a disadvantage. DATE: October 12, 2022 TIME STARTED: 6:31 P.M. TIME ENDED: 9:11 P.M. MEMBERS PRESENT: Michael Root, Neil Evenson, Isaac Wipperfurth Nathan Vojtech, Perry Laden MEMBERS ABSENT: None STAFF PRESENT: Michael Grochala, Katie Larsen, Kelsey Gelhar Planning & Zoning Board October 12, 2022 Page 2 DRAFT MINUTES Mr. Wipperfurth said this question should be addressed by City Council. Mr. Root called for a motion to close open Mike. Mr. Vojtech made a motion. Motion was supported by Mr. Neil Evenson. Open Mike was closed at 6:34 p.m. VI. ACTION ITEMS A. PUBLIC HEARING: Amending City Code Chapter 1007: Zoning Map Mr. Kevin Shay presented the report from Landform. Board members asked for clarification on various issues regarding the rezoning. Mr. Shay, Mr. Grochala and Ms. Larsen answered them. Mr. Root opened the public hearing at 7:05 p.m.  Michael Rucinski – 915 Main Street, Lino Lakes MN 55014 Mr. Rucinski wanted to know if property would be taken when sewer and water come into his area. Mr. Shay stated earlier the City would not have to acquire the property and wanted to know if the City would just take it with the rezoning. Mr. Grochala stated zoning has nothing to do with the acquisition of any property. Any acquisition of land would be related to a public improvement project. Roads and sewer and water lines will be covered in public right of way or an easement. In the event we are completing a public improvement project and the City needs to build outside the land they have to build it the City would have to acquire it regardless of zoning.  Jim Nelson for Carl and Doris Nelson – 1709 Birch Street Hugo, MN 55038 If they are in a FUD Zone does it mean sewer will come in by the 2040 Plan and does it allow for people to petition for it before that time? Mr. Grochala said timing is estimated and based on a progression in 5 year increments. It does not guarantee that it will be there in that 20 years. It is dependent on when the property owner develops where the line is to extend to the next person. Mr. Root stated it is still dependent on whoever is developing the property to extend the sewer into the development.  Roger Scheunemann – 7865 4th Avenue, Lino Lakes, MN 55014 His property is Rural and is going into FUD. Is there anything not permitted in FUD that is under Rural. Planning & Zoning Board October 12, 2022 Page 3 DRAFT MINUTES There has been nothing eliminated from the FUD that was in the Rural. They are identical permitted uses. Why was the residents not notified sooner if we have been working on this since 2021? Mr. Grochala said we finish the comp plan and review the documents and identify changes. We compile that into a draft ordinance and then we present to the public for comments. During the comp plan we did a number of open houses through the two year process. The Board has done a good job of going through the comp plan and coming up with a proposal to be reviewed by the residents and City Council and then make a decision to move forward. Mr. Root then confirmed what Mr. Grochala said. He stated at this meeting the Board would recommend or not recommend the zoning map as presented with whatever changes. He stated this is the official public hearing. Mr. Grochala said the comments and the recommendation of the Board will be forwarded to City Council which will be reviewed for a 1st ready on November 14th. The second reading will be November 28th. If the ordinance is approved by the City Council it will be published in the Quad Press and will go into effect 30 days after publication. January 1, 2023 is close when it would go into effect.  Justin Hanna – 1612 Birch Street, Lino Lakes, MN 55038 Mr. Hanna’s property went from Rural to FUD and the rule now is the owner is allowed 3 accessory buildings. Can he add more under the FUD? Permitted uses stays the same. The size of the parcel dictates the number and size of the buildings. None of that is changing due to the zoning. Is FUD making it easier to split lots to acre lots if you have under the 20 acres? The cluster does not apply in the FUD stage. That would be in the Rural district. If you are in the FUD you are in the staging zone and means utilities are close. If you are close to it you are guided for sanitary sewer so you could rezone if you are in the staging area. From that standpoint you would be able to sub divide into smaller lots as soon as utilities are available.  Kit Swanson– 890 Oak Lane, Lino Lakes, MN 55014 Due to switching from Rural to FUD if someone sells and it is rezoned could you possibly have a multi-level complexes next to single family homes or any type of mix where a neighborhood be changed over to a commercial space? Planning & Zoning Board October 12, 2022 Page 4 DRAFT MINUTES How a property is zoned and developed is dictated by the Comphrensive Plan. The FUD identification holds it in a holding pattern and does not change the underlying land use that is proposed on that parcel. There could be FUD properties that are guided commercial use. Those would need to be rezoned to Commercial. Mr. Grochala stated if you look at the zoning map you can see how the area is zoned around you in the future. Mr. Root stated there would be a buffer between different zones.  Linda Broussard Vickers – 6756 Centerville Road, Centerville 55038 Ms. Linda Broussard Vickers believes this is being done because a 20 acre parcel is more valuable to future developers not putting the needs of the owner before the developer. Owners have always believed that they could split their land into 10 acre parcels which she believes has more value to a seller. She spoke to the County to see if there would be a tax increase with the new zoning for her property of 38 acres and was told at this point it will not be changing. He did say if you divide it down they would change the land value making each parcel worth more therefore paying more taxes. She said it would be worth it if she went to sell the parcels. Ms. Broussard Vickers stated by doing this rezoning we are potentially taking away someone’s nest egg or not allowing children to have the 10 acre parcels nearby. This rezoning is preventing them from using their land the way they wanted to when purchasing the land. The City’s intent to maintaining those larger sizes is to efficiently expand urban services as they become available. The City is not looking at it from a developer point of view. The City believes it is a benefit to the property owner because they will be able to sell the land off for more units. If they can develop with sewer and water that will also bring more value to the property. Property that can be sold more units per acre will yield a higher price per acre than one that can sell 1 unit per 10 acres. Ms. Broussard Vickers believes developed land would be more value in the new FUD zone. You don’t have to rezone to identify for future development or change the lot size. Any lot can be changed from what it is with a comp plan amendment. These things are not changing availability they are just more attractive. Mr. Root said her comments and concerns are noted. Property is developed with efficiency with where to put roads to open space. The decision was to rezone to FUD. It will move forward to council the comp plan can always be changed as needed as it’s been done before. The City is showing their intent on how properties can be developed in the future and the standards they would have to abide by. The zoning codes are set up to balance the rights of property owners with the needs of the community.  Lydia Becker for Richard Dick – 8061 Lake Drive, Lino Lakes, MN 55014 Ms. Lydia Becker wanted to know the time line that it would take effect. Around January 1, 2023 Planning & Zoning Board October 12, 2022 Page 5 DRAFT MINUTES  Scott Robinson – 8179 4th Avenue, Lino Lakes, MN 55014 The City has been talking about this for a long time and he does not see any credence in what the City says or what we do with it. He wanted to know what was his assurance that it was going to happen. He asked if any developers have come in to say a parcel was not big enough to build on. He wanted the public to see who the additional 3 letters that were from residents who could not make it to the meeting? Mr. Root said they will be read them at the end of the public hearing. Mr. Robinson also agreed with Linda when planning for future family that wants to live on the farm, if we divide the land into 20 acres they will not be able to afford a mortgage because the land value is more. The intent is not to drive up any individual land price. Obviously buying more land would be more expensive. Our intent is to make properties more efficient for a sub division when a property is ready to do that. It is a saving to the property owner and the community.  Nicholas Schintgen – 59 Marvy Street, Lino Lakes, MN 55014 Mr. Schintgen voiced that people want to be involved and that is why they are here. They want to know what FUD means. He was concerned about how two citizens in this meeting were treated when they asked about going from 10 to 20 acres and that it was their “opinion”. Mr. Root we are not disregarding anyone’s comments. The Board openly invited anyone to come forward even after the public hearing. We do listen and try to understand the concerns. It does not necessarily mean we will vote that way but the board does listen. Mr. Schintgen stated 20 acres is worth more than 10 acres and the City already has a plan where the sewer and water are going so changing from FUD to Rural does not change where any of that is going. What is the purpose and how does it affect residents selling land in the future? He said the city wants to bring more people in so the City can get more taxes. He said he already sees traffic increasing and asked if there would be improvements to the roads. He said the residents do want to know where the Comphrensive Plan is and they want to read it to make decisions for the future. He does not want to see the zoning changed to FUD because there is no reason to. Mr. Root stated they understood the concern for the 10 to 20 minimum lot size. It’s understood the concern was it was more of value to the developers and a disadvantage to home owners who wish to split off the land for family purposes. The Board will Planning & Zoning Board October 12, 2022 Page 6 DRAFT MINUTES balance the best it can while keeping in mind the concerns of the residents. The City is not driving the development but we are trying to manage it in areas of traffic and water to name a couple. Mr. Root asked Mr. Grochala if someone disagrees with the vote tonight what their next recourse would be. Mr. Grochala stated the ordinance is not approved until the City Council approves it. They can send questions to the City Council or attend the reading of the ordinance.  Jeff Joyer – 8174 Lake Drive, Lino Lakes, MN 55014 VIA EMAIL Mr. Joyer wanted more consideration given to the 50’ setbacks. He stated several of the existing structures on his property would not meet this requirement. He wanted to know if existing structures and roadways would be grandfathered in. He also wanted to know if this section was needed. Ms. Larsen stated she responded via email. She said tonight is about the zoning map and that would be a text amendment conversation. Any building that is there now would be legal and non-conforming and can remain in place. His 18 acre property is designated medium density in the proposed 2030 Plan. It is proposed FUD in the 2040 plan. He wanted to know if this preclude medium density now or leave the option to be designated high density in the future. He would like to see zoning remain the same as previously planned. Ms. Larsen clarified zoning concerns via email.  Scott & Carol Featherstone – 631 Andall Street, Lino Lakes, MN 55014 VIA EMAIL How can the P & Z board change zones? Vicky Lane development was originally zoned single family residential and now it is being zoned to medium density residential. If a developer comes in and requests it does the P & Z board change it? The concern is having low density homes adjacent to their property. They feel low density should be defined as 1 to 2 homes per acre and that the developers will put the most they can on the land to make more money. Ms. Larsen understands the confusion with the comp plan, land use and density vs what the property is zoned. She spoke to Mrs. Featherstone on the telephone and answered her zoning questions. Questioned if a designation of R or R-X cover the possibility of a developer building homes with a minimum density of one house per acre or one house per 3 acres? The Rural zoning is not tied to the density. Planning & Zoning Board October 12, 2022 Page 7 DRAFT MINUTES  Ken Lundgren – 1197 Ash Street, Lino Lakes, MN 55014 VIA EMAIL Mr. Ken Lundgren expressed he would like their zoning to remain Rural and is against the proposed change. He feels the change from 10 acres to 20 acres restricts what he can potentially do with his property. Mr. Lundgren also sees no mention of future urban Development zoning or changing the lot size for his property from 10 to 20 acres within the Comphrensive Plan. Ms. Larsen spoke to Mr. Lundgren on the phone. Mr. Wipperfurth informed the residents that all the meetings are public and anyone is welcome to come to them. The minutes and video of the meetings are published online. Mr. Root added there are two empty seats on the board if anyone is interested in filling them. The board discussed the public comments and their concerns. Mr. Wipperfurth stated he was against the 20 acre rule. The board discussed the ordinance and received clarification regarding board and public concerns. Mr. Root asked for a motion to recommend approval or not recommend approval. Mr. Wipperfurth made a motion for approval of the map without the FUD designation. Mr. Vojtech supported the motion. Motion carried 5-0 After a recess the meeting was called back to order at 8:17 p.m. B. Watermark PUD Concept Plan for Amendment #4 – Land Use Plan Ms. Larsen presented the staff report and went over Lennar’s proposed changes. Josh Metzer with Lennar at 16305 Avenue, Plymouth MN answered questions that the board had regarding this development. The Board discussed the lot sizes and that there should be more diversity of homes and demographics in the development. C. Belland Farms Second Addition Final Plat Ms. Larsen presented the staff report and requested for the board to approve the final plat. Mr. Vojtech made a motion to approve the final plat. Motion was supported by Mr. Evenson and carried 5 – 0. VII. DISCUSSION ITEMS A. Project Updates Mr. Grochala updated the committee on current City projects. Planning & Zoning Board October 12, 2022 Page 8 DRAFT MINUTES VIII. ADJOURNMENT Mr. Vojtech made a motion to adjourn the meeting at 9:11 p.m. Motion was supported by Mr. Wipperfurth, and passed unanimously. Respectfully submitted, Julie Whitney, Community Development Administrative Assistant