HomeMy WebLinkAbout04/10/2002 P&Z MinutesAPPROVED MINUTES
CITY OF LINO LAKES
PLANNING & ZONI NG BOARD MINUTES
I.CALL TO ORDE R AND ROLL CALL
Chair Schaps called the Lino Lakes Planning and Zoning Board meeting to order at 6:37
p.m., April 10, 2002.
II.APPROVAL OF AGENDA
The agenda was approved.
III.APPROVAL OF MINUTES – March 13, 2002
Ms. Lane made a MOTION to approve the minutes of the March 13, 2002, meeting of the
Lino Lakes Planning and Zoning Board, a nd was supported by Mr. Hyden. Motion
carried 4-0-1 (Mr. Rafferty abstained).
IV.OPEN MIKE
Chair Schaps declared open mike open at 6:38 p.m.
There was no one present for open mike.
Mr. Hyden made a MOTION to close Open Mike at 6:39 p.m., and was supported by Ms.
Lane. Motion carried 5-0.
V.ACTION ITEMS
A. PUBLIC HEARING – Bald Eagle Contractors, Lake Drive, CUP for
Outdoor Storage
DATE: April 10, 2002
TIME STARTED: 6:37 P.M.
TIME ENDED: 9:00 P.M.
MEMBERS PRESENT: Corson, Hyden, Lane, Rafferty, Schaps, and Zych.
MEMBERS ABSENT: Lyden.
STAFF PRESENT: City Planner, Jeff Smyser; City Engineer, James
Studenski; Community Development Director,
Michael Grochala
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April 10, 2002
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Chair Schaps opened the Public Hearing at 6:40 p.m.
Staff presented the application by Bald Ea gle Contractors CUP for Outdoor Storage.
Staff reviewed the background of the lot by explaining applicant had submitted an
application for a Conditional Use Permit (CUP) for outdoor storage. He stated applicants
wished to move his construction business to th e site and store vehicl es outdoors, such as
trucks and a construction traile r. He explained the current application did not include a
site plan review. Typically, a CUP applica tion such as this would be accompanied by
complete site plan information. He noted it was staff’s understandi ng that the applicant
wanted to find out if the outdoor storage wa s possible before committing to designing the
building, grading, utilities, and other elements.
Staff presented its analysis by explaining th e site consisted of two parcels totaling
approximately 1.3 acres. He explained th e City Council adopted Ordinance 02-2000 in
February, 2000. This amendment to the Zoni ng Ordinance established open and outdoor
storage as a conditional use in the Light Industrial Zoning Di strict. It also listed very
specific limitations regarding where such storage was allowed.
• Several requirements pertained to the de sign of the site. Staff did not have
specific design information necessary to judge if the application complied with
all the Ordinance requirements, such as those for lighting and parking.
• Staff can address the location requirement s now. The Ordinance stated that the
property could not abut prope rty zoned residential, rura l, or business. Abutting
included across the street. The subject site was directly across the street from an
R-3 zoning district.
Staff explained the intent of the Ordina nce was to allow outdoor storage only on light
industrial sites that were internal to the zoning district. He stated th e sites were not to be
on the edges of an L-1 zoning district, but toward the inside of the district. That way, the
storage sites would always be screened, no t only by onsite design features, but also by
other industrial properties.
He indicated the proposed site was exactly the type of lo cation prohibited by the outdoor
storage Ordinance.
• The Ordinance stated that the actual out door storage area c ould not abut a school
or park. The property abuts a stor m water pond on school property, but the
submitted sketch showed a fenced area for storage, which did not abut the school
property. An area with “grass s eed” is shown se parating the two.
Staff noted the seeded area appeared to cove r only half the entire site, according to the
drawing, rendering it unusable. Staff indicated it was probable that once the business and
storage were established, a successful construction bus iness would grow and need
additional storage area for equipment. Contra ctor yards typically accumulate more and
more equipment and material over time. Staff stated that because of the type of business
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April 10, 2002
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Bald Eagle was in, it would be difficult to keep fully one-half of the site unusable. Staff
noted even assuming the property owner properly requested expansion of the storage, the
City would have created for itself a diffi cult situation where an intended buffer was
threatened.
Staff noted that the school district was sent a letter stati ng it did not oppose the
application for outdoor storage. Staff stated while they appreciated th e district’s input, it
did not erase staff’s concerns.
With respect to the standard Conditional Use Permit requirements, staff stated most types
of conditional uses in the zoning ordinance had specific conditions, such as those
discussed above. In addition, th ere were general requirements that applied to all CUPs.
Staff explained one of those was the proposed use “will conf irm to specific standards of
his ordinance applicable to the particular use.” Staff noted as previously explained, the
property abuts a residential z oning district. This would not conform to the specific
standard of the zoning ordinance that pr ohibited outdoor storage on such a site.
Staff noted full site and building plans were required for CUP applications. He stated
staff had received only sparse information in the submittal. He indicated staff had
received grading, utility, and landscaping pl ans on April 3, 2002, which did not allow for
a complete site plan review for the P & Z meeting.
However, he stated, as a courtesy to th e applicant, staff had reviewed the CUP
application without the site and building plans. He noted it was staff’s understanding that
the applicant wanted to find out if the ou tdoor storage was possible before committing to
designing the building, grading, utilities, a nd other elements. He stated since the
proposal clearly did not comply with outdoor storage requirements, staff was comfortable
making a recommendation on the storage CUP alone.
With respect to the surrounding nonconforming uses, staff noted properties on the north
and south of the subject site had outdoor stor age. These were nonconforming uses. This
meant that the uses existed prior to the cha nge in zoning requiremen ts that would prohibit
such uses. He stated they had a right to continue as they were before the change.
However, the City was not obligated to, nor s hould it allow, new uses that did not comply
with its Ordinances.
Staff recommended denying the CUP applica tion because it did not comply with City
requirements, as explaine d in the staff report.
Chair Schaps invited appl icant to make comment.
Dave Biese, Bald Eagle Construction, and Greg Hayes, Shingobee Builders.
Mr. Hayes stated applicant wanted to store a boom truck and a trailer with mats on it that
would not be able to be stored inside. He indicated they understood that the School
District and the Church potentia lly were in conflict with th e CUP. He stated the Church
and school did not have any objection to that ty pe of outdoor storage. He stated they had
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modified the site plan to include a screening berm along Lake Drive, as well as a
perimeter fence for security seasons. He stated the type of building was precast
concrete.
Mr. Biese indicated the two prop erties on either side also ha d a lot of stuff on their lots.
He stated they did not fabricate any steel them selves, they just transported it to job sites.
Mr. Rafferty asked for the building dimensi ons. Mr. Hayes replied it was approximately
4500 square feet, 64 x 64.
Mr. Biese stated if they expanded in the future, they could expand out the back.
Chair Schaps stated the difficulty was that they were asking for approval when the Board
had little information as to what they wanted approval on.
Mr. Hayes stated they were attempting to be proactive in this and wanted to get staff’s
and the Board’s opinions prior to going forward with this.
Mr. Hayes stated the reason they were proceeding this way was because staff had
recommended they go through this process. He stated they were proceeding in a prudent
manner based on staff’s recommendation.
Mr. Corson asked what type of storage materi als they were intendi ng. Mr. Biese replied
all materials would be stored inside, except the loaded trailers, which would be outside.
Mr. Corson asked if they were talking vehicles only and not materials. Mr. Hayes replied
that was correct.
Mr. Corson stated he was confused whether they should proceed without all of the
information.
Chair Schaps expressed concern was that they were trying to prevent this from
happening, particularly along Lake Drive.
Mr. Corson stated he was not in favor of out side storage. He indicated this was an
important area of the City. He stated he wa s very sensitive as to how this would appear
from the street.
Chair Schaps asked the size of the trucks th at would be coming into the site. Mr. Biese
stated they would be semi trucks, but they would not always be on the property.
Bob Brouty, 437 Portion Lake Drive, stated he was not clear on three items. He asked if
they were talking about taki ng things off trucks and stor ing it on the ground, or were they
talking about putting thing on the truck only. Mr. Biese re plied they would be storing
materials inside.
Mr. Brouty stated whether or not the school district or the chur ch had no objection, did
not make any difference. There was an Ordi nance and the reason for the Ordinance, was
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to be followed. However, Mr. Brouty stated if they were only storing vehicles, he was
not sure if this fit into the Ordinance, as long as there was no storage of materials on the
property. He stated this business was a good neighbor and if the CUP was approved, the
CUP would need to be very specific as to not allowing materials to be stored outdoors.
Herman Zuetel, stated he was an environmen talist and indicate he was neither for nor
against this, but he was wondering if ther e was a possible hazardous materials issue
because he had been in the trucking indus try for many years and knew that boom trucks
leaked oil and fuel and asked the Board to consider this.
Mr. Corson made a MOTION to close the Public Hearing at 7:00 p.m., and was
supported by Ms. Lane. Motion carried 5-0.
Mr. Zych asked if there was anyw here else in the City the a pplicant could be directed for
outdoor storage. Mr. Smyser re plied light industrial zones w ould allow it, as long as the
storage was on the interior. He stated th e area over by Interstate 35E was zoned light
industrial and could accommodate a request such as this.
Mr. Corson stated he believed they were l ooking at a variance from the CUP. He stated
because it was zoned residential, they did not think they would consider this without a
variance to the CUP.
Mr. Corson made a MOTION to deny the request of Bald Eagle Construction for a
Conditional Use Permit (CUP) application for Outdoor Storage in L1 Zoning District.
The reason for the denial was because it does not comply with City requirement.
The motion was supported by Mr. Hyden.
Motion carried 5-0.
B.PUBLIC HEARING – Stoneybrook, Co mprehensive Plan Amendment/MUSA
Allocation, Rezoning, Preliminary Plat
Chair Schaps opened the public hearing at 7:05 p.m.
Staff presented the application by Stone ybrook, Comprehensive Plan Amendment/MUSA
Allocation, Rezoning, and Preliminary Plat.
Staff reviewed the background of the lot by ex plaining Tollefson Development, Inc. had
submitted an pplication for preliminary pl at approval of Stoneybrook, a 102 lot single-
family residential subdivision. The request also required approval of a Comprehensive
Plan Amendment to allocate MUSA to the site and a Rezoning from R, Rural District to
R-1X, Single Family Executive Residential District.
Staff stated the site was loca ted adjacent to and south of Birch Street and a quarter mile
west of Centerville Road.
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Staff presented its analysis by explaining th e project consisted of a 78 acre parcel that
was currently an agricultural use cont aining approximately 19 acres of wetland.
Surrounding land uses included sewered resi dential to the north (Pheasant Hills
Preserve), unsewered large lo t residential to the west and south, and a single-family
dwelling, pasture and wetland to the east.
He noted the project site was currently zoned R, Rural Distri ct. Surrounding zoning
included R-1X, Single Family Executive to the north, and R, Rural to the east, west and
south.
With respect to the Comprehensive Pl an Amendment (MUSA Allocation), staff
explained the City’s 2002 Comprehensive Pl an was currently being reviewed by the
Metropolitan Council. There were approx imately 15.7 acres remaining in the City’s
MSUA bank. An existing development proposal , currently being re viewed by the City
(Pheasant Hills Preserve 12 th Addition), had requested 4.5 acre s. This potentially would
leave the City with 11.2 ac res until the Comprehensive Plan was approved by the
Metropolitan Council. He noted this was insufficient to cove r the re requested allocation
of 54.73 acres.
He noted with respect to rezoning, the City was not in a position to rezone the property
until the Comprehensive Plan had been approved and MUSA was available for
allocation.
With respect to the Preliminary Plat, he explained the minimum lot size of the R-1X
District was 12,825 square feet of buildable la nd. He noted that a ll lots met or exceed
this provision. However, the buildable ar eas identified for Lot 7, Block 1 and Lot 6,
Block 8 were, in part, bisected by wetland. He stated while the calculations were
consistent with the definition of buildable la nd, the intent was to insure a contiguous land
area suitable for development. The applican t should demonstrate th at the buildable area
included only that portion contiguou s to the proposed house pads.
He noted the minimum lot depth is 135 feet. Double frontage lots were required to have
a minimum lot depth of 145 feet. He stated all lots met or exceede d these provisions.
He stated the minimum lot width was 90 feet for standard lots and 115 feet for corner
lots. He noted all lots met or exceeded those standards with the exception of Lot 20,
Block 8. He stated this lot would need to be modified to conform to district standards.
With respect to outlots, he noted there were six outlots included in the proposed
subdivision. The outlots covered the majority of the ponds and wetland areas. It was
unclear whether these are intended for dedica tion to the City or proposed for ownership
by a Homeowners Association. He stated the applicant should be aware that any
proposed dedication of outlots to the City w ould not be accepted in fulfillment of park
dedication (payment in lieu) requirements. Ho wever, if the outlots were not intended for
dedication to the City, they should be adde d to the adjacent proposed residential lots.
With respect to setback, he explained th e required setbacks established in the R-1X
District were the greater of the following: 40 feet (Collector or Ar terial Street), 30 feet
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(Local Street), 30 feet (front yard), 30 feet (rear yard), and ten feet (side yard – principal
building). He stated the lots had adequa te dimensions to meet required setback.
However, the proposed building pad for Lo t 20, Block 8 encroaches into the 30-foot
setback for a local street (side yard). He e xplained this lot would n eed to be modified to
conform to district standards.
Staff explained in addition, ponds and wetland areas would mandate a significant setback
between proposed building sites and existing homes on adjacent properties. He stated the
building pad for Lot 2, Block 4 extended to within 18 feet of the existing wetland and
proposed 100 year High Water Elevation. He st ated every effort should be made to
maximize the usable ya rd space on this lot.
With respect to street and block design, he noted the site had two accesses, one from
Birch Street at the existing Pheasant Hills Drive, and one at the Sherman Lake Road
intersection. He noted Street A extended s outherly into the development from Birch
Street, looped back and tied into Street B. He stated Street B was proposed to extent
from Birch Street to the easte rly property line of the devel opment to provide a connection
for future development to the east. Th ere are five proposed cul-de-sacs, which
intersected with either Street A or Street B.
Staff recommended providing a street stub to the easterly property line for future street
extension, the developer should demonstrate how the street would service the adjacent
parcel. Staff noted there was a large wetla nd complex east of the proposed street stub
that would limit future alignment option. A dditionally, the street abutted the St. Paul
Water Utility property, which contained an existing large diameter water main. This
might cause conflicts with the sanitary se wer and water main stubs as well as the
roadways. Staff stated the water utility wa s currently reviewing the proposal for possible
impacts. Should the street be extended to the east property line, the applicant would be
required to provide a permanent easement for cu l-de-sac to be constructed until the street
was extended. Signage should also be located at the street terminus indicating the future
extension of the street.
Staff indicated Street A was proposed as a large loop at the sout hern half of the
development. While this section had two acce ss points, they form the same intersection
and create a situation similar to a long cul-de-sac. Staff had evaluated other alignment
options, however it appeared that these would cause additional wetland impacts. Staff
stated they were reviewing this issue w ith the Public Safety Department and the
Centennial Lakes Fire Department to determ ine if there were any access concerns with
the proposed layout.
Staff stated they were also recommending th at the applicant eval uate a possible street
stud alignment to the south of the developmen t in the approximate location of Street G.
This would allow for a future connection with East Holly Drive. The 2001
Transportation Plan identified East Holly Dr ive as a Minor Collector and proposed its
future connection with Holly Drive to the we st and Ash Street (County Road J) to the
south. While these projects were not planne d in the near term, it would be practical to
reserve the option to connect this subdivision to Ho lly Drive in the future.
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With respect to grading and drainage, staff stated a grading plan had been submitted and
was subject to the review and approval of the City Engineer. A Rice Creek Watershed
District (RCWD) Land Development Permit was also required. The house pad on Lot 9,
Block 9 should be reoriented to provide a mo re suitable building pa d. The plan does not
identify the Normal or High Water Level for wetlands No. 12 and No. 13.
Staff noted mitigation sites were proposed to be fenced off after grading was completed
to restrict construction traffic. According to the plans, there were no provisions for
bringing materials onto the si te or hauling off the site.
With respect to utilities, staff stated a preliminary plan had been submitted and was
subject to the review and approval of the Ci ty Engineer. Sanitary Sewer was proposed to
be expected to the site from its existing lo cation in Sherman Lake Road, north of Birch
Street. Water would be provided by connec tion to the existing 16” trunk water main
lying adjacent to the property on the south si de of Birch Street. The water main was
proposed to be looped back to the system by crossing Birch Street at Pheasant Hills
Drive. Staff indicated adequate capacity exis ted in the sanitary sewer system to service
the proposed development. In addition, the Black Duck Lift Station, which served the
area, was scheduled for replacement in 2003.
Staff stated with respect to drainage and utility easements were being proposed five feet
in width at adjoining lot lines, and 10 feet in width at adjoin ing street lines and rear lot
lines as required. Drainage and Utility easements covering the 100 year High Water
Level and those covering underground storm sewe rs were subject to review and approval
by the City Engineer. Easements would be provided to access all pond and wetland
areas. Specifically, easements should be provided to access Outlot F and cover the
emergency overflow on Lots 6, 9 and 10, Block 8.
With respect to Parkland dedication, staff st ated the Park Board discussed the proposed
subdivision at its February 4, 2002 meeti ng. The Board was recommending 100% cash
payment in lieu of parkland dedication. As e xplained in the Public Services Director’s
February 5, 2002 memorandum, the proposed development lies outside the planning
limits of the Comprehensive Park and Trial System Plan. The Park Board looked at
several alternatives and recommended the payment in lieu as the preferred option.
Regarding floodplain, staff stated portions of th e site lies within the Floor Plain Zone A.
Zone A represented areas of 100-year floor where based floor elevations had not been
determined. The City’s Floodplain Manage ment Ordinance required that principal
structures be located no lower than one foot above the regulatory flood protection
elevation. The City’s subdivision Ordinan ce required that proposed basements be four
(4) feet above the water tabl e (normal water level) and tw o (2) feet above the design
flood levels of ponding areas.
Staff stated the submitted grading plan id entified proposed 100 feet High Water Level
elevations. Conformance to the requirements could not be determined for Lots 23 and
27, Block 8 due to lack of documentation on the normal and high water levels of
wetlands No. 12 and No. 13. The applicant s hould submit this documentation. All other
lots were in conformance.
Planning & Zoning Board
April 10, 2002
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Staff indicated the proposal wa s subject to the review and approval of the City Engineer
and Rice Creek Watershed District. If the proposed subdivision was approved, the
Developer would be required to make app lication to FEMA for a Letter of Map
Amendment (LOMA) or Letter of Map Revi sion (LOMR) to revise the existing Floor
Plain maps consistent with the proposed grading.
With respect to wetlands, staff stated the project site contained 19.39 acres of wetland.
2.06 acres of wetland were proposed to be impacted by the site development. The
wetland mitigation would take place on-site , by creating two new wetlands and three
water quality ponds, which would have a total area of 2.51 acres and 3.27 acres,
respectively. A portion (.20 acres) of one of the existing wetland areas would be
converted from a Type 2 wet meadow to a Type 3 shallow marsh wetland to help
facilitate site drainage.
Staff stated the developer was proposing to install sign demarcatin g the wetland edge as
property corners of where the wetland e dge changed drastically within a lot.
Approximately 35 to 40 signs would be in stalled (1 sign per two homes) along the
wetland edge. The sign would de signate the area as a protected wetland zone. The sign
would also inform homeowners that movi ng or cutting beyond the sign was not allowed.
The plans also delineate a wetland buffer easement adjacent to wetland to provide
additional transition from culture d lawns to native vegetation.
Staff indicated the application also incl uded a Monitoring Plan that provided for
monitoring of the newly created wetlands fo r a 5-year period. The report would be
submitted to Rice Creek Watershed District (RCWD) on a yearly basis. The RCWD was
a Regulatory Government Unit (RGU) for ad ministration of the Wetland Conservation
Act.
Staff stated security should be required within the developmen t agreement to insure
installation of signs as well as the required monitoring. This requirement would need to
be coordinated with the RCWD.
Staff indicated all exposed soils above the Normal Water Level should be seeded with
mixes consistent with City seed mixtures. The applicant should coordinate seed types
with the City’s Environmental Specialists.
With respect to tree preserva tion, staff stated the site cont ained a number of oaks in the
extreme southeast corner of the proposed de velopment and one on the north side adjacent
to Birch Street. There was no anticipated tree loss as part of his project. Although a
fence area was shown around the tree on the si te, a more detailed description of tree
preservation should be submitted. Fences must be placed at a distance from the trees
equal to one-foot radius for each inch of tree trunk diameter measured at 4.5 feet above
the ground. The developer should coordinate all three preservation activities with the
City’s Environmental Specialist.
Planning & Zoning Board
April 10, 2002
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Staff stated Officer Mike Rumpsa prepared a review on January 21, 2002. He expressed
concern with the additional traffic load on Bi rch Street, particularly with morning rush
hour traffic.
Staff stated a landscaping plan for screen ing along Birch Street had been submitted as
required. The plan consisted of a combina tion of deciduous and coniferous trees. The
City’s Environmental Specialist was recommending replacement of the proposed
Colorado Spruce with White Spruce.
Staff indicated the City’s Environmental Board reviewed the request on March 27, 2002,
and recommended denial of th e request citing the need to submit plans to the St. Paul
Regional Water Utility and the Vadnais Lakes Watershed District. They also submitted
recommendation to consider if the proposal was approved.
Staff stated the developer had made applic ation to the RCWD for approval of a Land
Development Plan and a Wetland Alteration Pl an. The application was scheduled for
review by the District on April 24, 2002. It wa s City policy to withhold any development
approvals until the RCWD has approved, at a minimum, a TWAFAA (Tabled with
Authorization for Administrative Action).
Staff indicated the County was preparing comments with regard to the proposed
subdivision and impact on Birch Street. It was staff’s recommendation that
improvements to Birch Street, adjacent to the project site, might be required by the
County.
Staff stated they had received by fax t oday a letter from Anoka County Highway
Department expressing their concern with th e safety issues that may occur on CSAH 10
as a result of this development.
Staff stated a preliminary review by the City Engineer indicated the final construction
plans would need to be designed to City St andards. City Standards for storm sewer,
sanitary sewer, and watermain would need to be shown in the plans. The detail for the
outlet control structure called for a treated lumber weir. The weir would need to be
concrete. The City’s design standards for storm sewer were minimum full velocity – 3
fps; minimum mainline storm sewer size – 15” RC pipe; minimum culvert size – 15” RC
pipe. The submitted design seemed to use a minimum full velocity of 2.5 fps and
minimum pipe size of 12” RC pipe. The City ’s Local Water Management Plan called for
ponds to be built with a 15 foot, 10:1 side slope bench. The pond detail submitted
showed a 10-foot, 10:1 side slope bench. This detail would need to be corrected and the
proposed pond adjusted to a 15-foot wide be nch. Supporting information regarding soil
types and land uses used to determine the curve numbers would need to be submitted.
An SCS TR-55 method should be used to dete rmine the Time of C oncentrations, not the
Lag method. Pond 6 was landlocked, according to the model. The 100-year floor
elevation for the pond would need to be de termined allowing for a 100-year snowmelt,
10-day runoff of 7.2 inches and a Curve Number of 100. Groundwater information was
not provided. The City’s Local Water Mana gement plan called for the minimum floor
elevation, including basement to be 4 f eet above the groundwater, 4 feet above the
normal water level, or 2 feet above the 100-year flood elevation, whichever was greatest.
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The lowest opening was also requ ired to be at least 1 foot above the emergency overflow.
Approval from Rice Creek Watershed was also needed.
Staff explained the current status of th e City’s 2001 Comprehensive Plan and the
associated MUSA allocation prevented th e City from moving forward with this
application. He stated, in addition, there were several preliminary plat issues that needed
to be resolved, including the revi ew by Rice Creek Watershed District.
Staff recommended tabeling the action on the MUSA allocation, Rezoning, and
Preliminary Plat requests to obtain additiona l information and modifications as contained
in staff’s report.
Ms. Lane asked how the Comprehensive Plan had this area zoned. Mr. Grochala replied
it was zoned Low Density sewered residential, and this plan met that zoning requirement.
Mr. Rafferty asked what MUSA meant and the importance of MUSA. Mr. Grochala
explained what MUSA meant and why it was important.
Chair Schaps asked why this project was ou tside the moratorium. Mr. Grochala stated
when the City Council was approving the moratorium, this development application had
been submitted that day. Council elected to accept any applicati ons received as of
January 14, 2002 and therefore, this deve lopment was allowed to come through.
Mr. Rafferty stated it appeared the Anoka County’s concern wa s regarding the speed
limit and the amount of additional traffic. He asked how would this development affect
the current residents in the ar ea. Mr. Grochala replied one of the purposes of getting a
street through was to provide access to the de velopment to the east. He indicated by
providing the street at the particular loca tion would provide for two access points to a
future development. He stated the wetlands might also create a problem for street access.
He indicated they would look at all options. He stated their major plan would be to put a
sign up indicating that a road may go through at so me point in the future. He stated in the
past, the problems from the existing resident s occurred when the residents did not know
that the road was planned to go through.
Mr. Rafferty asked if it was a concept to c onnect east Holly to west Holly. Mr. Grochala
replied it was a concept plan and it w ould provide a good connect ion through the City.
He stated the problem with Birch Street wa s that there was no other alternative road to
use. If east Holly and west Holly were connect ed at some point in the future, this would
create another traffic alternative.
Mr. Corson asked if the Met Council wanted th e future land plans be consistent with the
zoning, there would be no action taken for severa l months. Mr. Grochala stated this was
a decision they would have to make. He st ated he was not comfortable at this time
making this kind of a decision.
Mr. Corson stated considering the land use pl an had not been approved, they should not
be making any decision on this developmen t until that issue had been resolved.
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April 10, 2002
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Mr. Corson asked who would take care of the wetland buffers signs. Mr. Grochala stated
that would need to be worked out with the de veloper. They would be responsible for the
installation and reseeding of the wetland areas. He stated the City would not replace
those signs; this might be something a homeo wners association would be responsible for
maintaining.
Chair Schaps asked if Met Council would approve the Comprehensive Plan this year.
Mr. Grochala replied a lot of that would de pend on the City Council. He expected the
Met Council to give their input on the Plan shortly and then the City would need to
respond to their comments. He stated furthe r discussions would need to be held, which
would dictate how long it would take.
Chair Schaps invited appl icant to make comment.
Matthew Weiland and Brian Krystofiak, Tollefson Development, Inc.
Mr. Weiland stated they realized that traffic and safety was a big concern for this project.
He stated they attempted to design this projec t to protect the wetlands on site. He stated
they would work closely with Rice Creek Wate rshed. He realized they were waiting for
the Comprehensive Plan approval and they had issues to work out with the
Comprehensive Plan before th is project would be approved.
Chair Schaps asked if they would be opposed to tabling this issue. Mr. Weiland replied
they would not be opposed to that, and he had discussed this option previously with staff
as long as it would continue to forward and would not preclude them from looking at the
plat.
Chair Schaps asked the price of the lots and homes. Mr. Weiland replied the lot prices
would be the mid-90’s and the home values would be around $350,000.00.
Chair Schaps asked if they had resolved any of the residents’ concerns from the
neighborhood meetings. Mr. Weiland replied they were still working on the traffic issue.
He stated they were not opposed do do ing additional landscaping for buffering.
Chair Schaps asked if they opposed the signs on the streets. Mr. Weiland stated they did
not have a problem with making this th e homeowners association’s responsibility.
Mr. Rafferty asked if they had any draft of the guidelines/covenants for the common
areas. Mr. Weiland stated they did not have a draft of the covenants yet, but he would be
willing to look at other development covenants.
Ms. Lane stated there was no MUSA applicati on for this, and she di d not see that there
was any purpose in looking at this proposal right now. Sh e stated Met Council would not
necessarily give the City what they wanted.
Lou Masonick, stated they had three nei ghborhood meetings, not two. He stated they
were not against development, but expre ssed concern it might be going too fast. He
presented to the Board a summary of the concerns and questions by the neighboring
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April 10, 2002
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APPROVED MINUTES
properties. He stated while they did not oppose the development of the property, they felt
the development should take place in a respons ible manner that increased the quality of
life of all taxpaying citizens of Lino Lakes. He stated they neighbors had a concern
regarding the City sewer capacity would not handle the proposed increase with the
approximately 100 new homes. He asked if the existing sewer could handle the new
load. If not, who would pay to correct it? He stated seve ral property owners on or near
the Birch Street had been told that they could not hook up to ex isting sewer because it
was already at capacity because of Pheasant Hills Preserve. As taxpayers, there was a
consensus that capacity issues on sewer s hould include existing property owners, and that
those owners have the opportunity to hook up once sewer was available.
Mr. Masonick stated there was a great deal of concern on the traffic of Birch. Both
adjacent Centerville Road and Birch Street already had problems with existing traffic.
The addition of approximately 100 x 2 (ave rage cars/household) equaled 200 more cars
driving on that ¼ mile stretch that c ould create a number of problems impacting
pedestrians, drivers, noise, pollution, and quality of life in the area. He asked if Birch
street would be upgraded to accommodate more traffic and if so, when and how, and if
not, why not. He asked if Centerville Road would be upgraded to accommodate more
traffic, and if so, how and if not, why not. He asked if there woul d be outlets from the
Stoneybrook development onto other streets (s uch as Holly Drive) and how would the
greater traffic affect the existing roads, traffi c, and quality of life of area residents. He
asked if there would be ongoing traffic studies once development was underway and
what would happened if they showed traffi c was too much. He asked if development
slowed down while roads were improved.
Mr. Masonick stated it was well known that the property owner selling was a member of
the Rice Creek Watershed District and they be lieved this was a conflict of interest. He
stated neighboring property owners expressed concern that an outside watershed district
board of neutral party should review the pr oposed plans to ensure there was no conflict of
interest. He stated it was no a generally acc epted fact that residential development was a
far greater source of run-off pollutants – es pecially fertilizers – to watersheds than
farming or highly regulated industry. He asked what w ould be done to ensure that
properties and ponds adjacent to the proposed development are not impacted by the
proposed development. He asked if there we re any contingency plans in place should it
be shown the development-impacted wetlands. He asked how the wetlands be
maintained and monitored once the development was complete. He asked who held
liability for these issues if there was such an impact.
Mr. Masonick asked if there would be any st udies on the impact this development would
have on wildlife in the area. He asked what would be done if wildlife was impacted. He
stated there was a general consensus amongst area neighbors that loss of wildlife would
affect the quality of life. He indicated th ere were a number of nesting migratory birds,
waterfowl, prairie species, fox, deer, wild turnkeys, pheasants, and smaller mammals in
the area.
Mr. Masonick stated the increase in tr affic on Birch would impact the ability of
pedestrians to cross Birch and access trail systems in Pheasant Hills Park Preserve, as
well as eventual trail systems that hook into Ch ain of Lakes Park. He stated the safety of
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April 10, 2002
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children crossing Birch Street to visit friends in Pheasant Hills Preserve and access park
trails was of particular concern. He asked if there were any plan s to create pedestrian
crosswalks/bridges/lights in the area for residents on the South side of Birch to ultimately
access Chain of Lakes Park. He asked if ther e were any plans to extend pedestrian/bike
trails along Birch and if so, when and if not , why. He noted that having to get into a
vehicle to cross the street because of tra ffic was a lower quality of life standard than
being able to bike or walk. He stated th ere was concern that th e proposed development
did not “live up to” the adjacent balance of recreational parks/wetlands/trails and
residential housing in Pheasant Hills. He st ated there was essentia lly no recreational park
property in the proposed pl an and no trail system.
Mr. Masonick pointed out that the schools were already fu ll and expressed concern that
continued growth in development in the City would create the need for more taxes to
build more schools to accommodate the increase in population. He stated eventually this
would detract from the quality of schools. He asked if any studies had been performed to
evaluate optimal growth.
Mr. Masonick asked if any studies had been performed to determine if existing City
Services such as police, fire and other city services could handle the increased load from
this project. If not, what would be done. He asked if the increased tax revenue from the
homes would pay for the needed services, or w ould all of the residents of the City pay for
the growth through incr eased property taxes.
Mr. Masonick stated there was a general c oncern among the area residents that the “blind
faith” adherence to the proposed zoning plan for the City was negatively impacting the
quality of life in Lino Lakes. He stated many residents had moved to the City because of
the open space and “county like/rural” atmos phere, which was conveniently located near
the Twin Cities as well as the schools. He stated the perception was that both of these
were negatively impacted by this kind of hi gh-density development. He stated soon the
City would be no different from Richfield, Roseville, Fridley, etc. where high density
“suburbia” was plentiful. He stated there was a general concern that the added “tax
benefit” of increased resident s to the City detracted rath er than added by creating the
need for more City, County, and State services. He stated this in turn caused greater and
higher cost to already overworked City empl oyees creating the need for infrastructure
growth. He asked if studies had been perfor med to determine if added tax revenue would
actually benefit the City, or would it detract from the Cit y. He asked what was the
eventual impact of development on property value. He asked if this development would
benefit the City.
Mr. Masonick stated if development positiv ely impacted property values, what would be
done to ensure existing long-term residents w ould not be “taxed off of their properties”
because of the rising property values. He st ated many retired long-term residents were on
“fixed incomes”.
Mr. Masonick stated the current plan for th is development called for a two-year growth
period. Given the concern over roadways a nd other existing services, it seemed prudent
to the neighboring property owners that a sl ower growth, over a l onger time period would
make sense. He stated this way roads a nd services could be improved without being
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April 10, 2002
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APPROVED MINUTES
“suddenly overwhelmed by the growth”. He asked if it was possible to make this a
longer period (such as 5 years) rather than two years. He asked if growth was occurring
too fast, could the plan be modified with less homes once the project was started.
Bernie Rolstad, 1505 East Holly Drive, stat ed he had lived on Holly Drive since 1960
and he had watched a lot of growth and cha nge within the City. He expressed concern
about the density of the project and the incr ease of traffic. He expressed concern about
the traffic on Centerville Road. He stated if they put 200 more cars on Centerville Road,
this would make a great impact. He stated he had spoken with Anoka County and there
was no plan in the immediate future to improve Centerville Road. He stated this increase
would make it difficult for people living on Holly Drive to get onto Centerville Road.
Herman Zurtel, expressed concern regardi ng the wetland area. He emphasized the
wetland area had not been delineated. He st ated he believed the City’s maps did not
show the wetland accurately. He expressed concern about the road going through the
wetland area. He stated progress was comi ng and he did not know what could be done
about it. He stated in previous discussion wi th the City, they were told that as far as
MUSA went they could not get MUSA from the west, that they had to get MUSA from
some other area. He asked if there was a pl an for this, should it be included in MUSA.
He asked that they look at the fu ture and what was going to happen.
Harold Breyer, 1521 East Holly Drive, stated he liked wh at he heard. However, he
expressed concern about the property owner who was going to have a road right next to
their home. He asked what was going to happen with the wildlife in the area while
construction was going on.
Gil Johnson, Holly Lane, stated he lived on Holly Lane since 1983 and he expressed
concern about the increased traffic and density. He stated they had always realized the
property would be developed at some point, but he did not realize th e density would be so
high. He stated the develop had planned to jam as many homes as possible in this area.
He stated 102 homes on 70 acres was too dense. He stated he believed the City also
believed the density was too high or they w ould not require traffi c/road studies. He
stated he would like to see a much lower density of homes in this project.
Mr. Weiland stated they were the fee owners of the property and they were not denying
that there was not going to any impact of tra ffic, but they were go ing to be sensitive to
this issue and would be willing to work wi th the City and County regarding this issue.
Mr. Rafferty made a MOTION to close th e Public Hearing at 8:40 p.m., and was
supported by Ms. Lane. Motion carried 5-0.
Chair Schaps asked if this was the densest pr oject in the City. Mr . Grochala stated this
density was lower than previous projects. He asked if this was tabled, how long would
this be tabled for.
Mr. Corson clarified a road w ould not go through a resident’s property, it may go up to it,
but not through it.
Planning & Zoning Board
April 10, 2002
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APPROVED MINUTES
Mr. Hyden asked if they were removing any wetlands. Mr. Weiland replied they would
be impacting some of the wetlands, but they were not completely removing any. He
stated they were impacting 2 acres and it wa s being replaced 2 to 1 on site. They were
replacing more than they were required to repl ace. He stated they were meeting the Rice
Creek Watershed rules regarding this.
Mr. Hyden asked what was the penalty if futu re residents impacted the wetlands. Mr.
Weiland stated this would be up to the City and their rules.
Mr. Hyden asked who was overseeing that the future residents would not impact the
wetlands. Mr. Weiland stated as the devel oper they were required to monitor the
wetlands they created, but beyond that, it wa s under City’s control and monitoring. He
stated the monitoring they were talking abou t was the wetlands they created to make sure
they got established.
Mr. Corson asked if they could extend their util ities across the St. Paul Waterline. Brian
Krystofiak stated they could cross over it, but they had strict guide lines that would need
to be followed and they would work closely with them on this.
Mr. Grochala replied with respect to tabl ing it would need to wait on the Met Council’s
comments on the Comprehensive Plan, but this project did meet the Plan as it stood today
and they would continue to work with the de veloper and residents to attempt to work out
any remaining issues.
Mr. Corson requested another not ice be sent to the reside nts once this item was brought
back.
Chair Schaps asked if further public comments could be made even though the public
hearing had been closed. Mr. Smyser rep lied they could reopen the public hearing upon
notice.
Ms. Lane made a MOTION to table Stone ybrook’s MUSA Allocation, Rezoning, and
Preliminary Plat requests to obtain additiona l information and modifications as noted in
staff’s report until staff directs the item s hould be placed on the Planning and Zoning
Board’s agenda.
The motion was supported by Mr. Corson.
Motion carried 5-0.
Mr. Zych left the meeting at 8:55 p.m.
VI. DISCUSSION ITEMS
Ms. Lane asked how the Ordinance Task Fo rce was coming along. Chair Schaps replied
they were having meetings and they were al most on track. He stated the meetings were
going well and he believed they would be caught up in two weeks.
Planning & Zoning Board
April 10, 2002
Page 17
APPROVED MINUTES
Mr. Corson asked what the City did if a resi dent impacted the wetland. He stated he
would like to discuss this at a future meeting. Mr. Grochala replied all of the wetlands
were dedicated as easements and they had to st ay as they were. Filling in wetlands was a
violation of the Wetland Conservation Law, which was a federal law and was overseen
by the Rice Creek Watershed District. He stat ed enforcement was the issue. There were
penalties in place, but this was an e ducational process with the residents.
VII.ADJOURNMENT
Ms. Lane made a MOTION to adjourn the meeting at 9:00 p.m., and was supported by
Mr. Corson. Motion carried 5-0.
Respectfully submitted,
Kathy Altman, Recording Secretary
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