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HomeMy WebLinkAbout11/14/2012 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL : Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6 :30 p.m . on November 14 , 201 2 . II. A PROVAL OF AGEND A T he Agenda was a pproved as presented . I II . A PPROVAL OF MINUTES: September 12 , 201 2 M r. Hyden made a MOTION to approve the September 12 , 2012 Meeting Minutes with the following correction: Vice Chair Hyden Chair Tralle declared Open Mike at 6:32 p.m. Motion was supported by Mr. Laden . Motion carried 5 - 0 . IV . OPEN MIKE Chair Tralle declared O pen M ike at 6:30 p.m . Ellen Tuskin 8016 Danube St ., requested a foot path along M ain Street. She asked that staff please forward this request to the Cit y Council. D ATE : November 14 , 201 2 TIME STARTED : 6 :30 P.M . TIME ENDED : 9 :45 P.M. MEMBERS PRESENT : Neil Evenson, Michael Hyden (Vice Chair), Perry Laden, Lou Masonick, Robert Nelson, Paul Tralle (Chair) MEMBERS ABSENT : Michael Root STAFF PRESENT : M ichael Grochala , Jason Wedel Planning & Zoning Board November 14, 2012 Page 2 APPROVED MINUTES Gary Schmidt , 8027 Danube St ., asked what portion of the cost the city is paying for the signal project at Lake Dr ./Main St. Mr. Schmidt commented that the base of the light posts being installed appear to be very old. He suggested that the c ity should be getting new equipment if the city is paying for the lights. Staff responded that the cost is split between Anoka County and the c ity. Mr. Grochala added that the County is paying some additional costs for overlay on M ain S t. south of 77 th a s well as improvements at Marketplace Dr. Ri chard Dick, 8061 Lake Dr., asked about the zoning of property across from the gas station . Mr. Grochala stated that Mr. Dick’s property in the NW quadrant of Main St./Lake Drive is zoned Light Industrial while guided as Mixed Use. Staff noted that t he City would have to rezone the property to reflect the 2030 Comp Plan. Gary Schmidt addressed some unsuccessful projects in the city and the cost to taxpayers. He asked for comment as to why businesses such as the Hampton Inn , local s trip malls and other businesses have not done well . Chair Tralle stated that develop ers have every right to build an allowable use on their property. Mr. Nelson made a MOTION to close Open Mike at 6 :42 p.m. M otion was supported b y M r .Laden . Motion carried 5 - 0 . V. ACTION ITEMS A. PUBLIC HEARING to consider a Preliminary Plat for a two -lot subdivision and Conditional Use Permit & Site Plan Review for a motor fuel station at the NE corner of Lake Drive/Main Street Br eanne Rothstei n, WSB & Associates, pres ented the staff report on behalf of the city. Staff recommended approval of the Preliminary Plat, C.U.P. and Site Plan Review for the NE corner of Lake Dr./Main St . Ms. Rothstein updated the board on some revisions that the appli cant has offered since the writing of the staff report. Staff addressed questions of the board. M s . Rothstein clarified that the liquor store is a permit t ed use in the GB, District and subject only to administrative review . She noted that the board woul d be only be reviewing the preliminary plat and the conditional use permit for the motor fuel station . Mr. Grochala provided a history of zoning and land use on th e site. Mr. Tralle asked about the type of rain garden proposed for the site. Mr . Grochala stated that the proposed pond would include standard city seed mix for pond areas which would likely include grasses and native flowers . Cattails would likely grow within the ponds. Planning & Zoning Board November 14, 2012 Page 3 APPROVED MINUTES Staff confirmed that the proposed trail will be paved. Mr. Laden requ ested a sidewalk or striped crosswalk for bicycle s/pedestrian s from Main Street to the gas station, from Lake Drive to the liquor store, and between the gas station and the liquor store. Ms. Rothstein suggested that the city can work with the applicant fo r a solution. Applicant, Grant Rademacher, 14021 Round Lake Boulevard, stated that he is the Operation Manager for Bill’s Superette and G. Will Liquors. Mr . Rademacher explained that the proposed fen c e will be made of a composite/maintenance free materia l. He added that they are a s mall family owned company . His father started the business and he is moving forward with it. They plan to hire approximately 40 -50 e mployees from the neighboring area. He said that based on the approvals, they hope to be bu ilt in the spring with an opening in June or July 2013. Chair Tralle declared the Public Hearing open at 7 :05 p.m. Mr. Tralle stated that comments should be addressed to the Chair and once everyone has an opportunity to speak, the concerns will be addres sed. Quinn B e r gman , 990 Lois Lane, was present with his father -in -law Lyle Carpenter who lives across the street from the proposed site. Mr. Bergman asked where sewer and water will come from , if there will be any assessments, and if there are plans for any other bus inesses on the west side that might be able to tap into the sewer & water. Amy B ar r on, 8019 Elbe St., resident for 8 years, asked why the city needs another liquor store. She stated that there are already four liquor stores withi n about a mi le. She added that the MGM store opened and lasted about a year . She said that it does not make sense to put a gas station and liquor store across from a gas station and liquor store. She asked if this was the b est development proposal for that area . M ichelle Apman, 8015 D anube St ., adj acent property , asked if city sewer will be available to adjacent property owners in the next few years. She also noted that there are three liquor stores within blocks of each other. M s . Apman has been a resident for 1 7 years and u nderstands that the city is excited for a business to come in. Sh e requested a 10 ft. fence instead of the proposed 6 ft. fence to prevent foot traffic running through her yard. She stated that her property value will likely go down with a g as station in the back yard and that it could pos e a hazard to her property , such as a gas explosion, fights, etc. As for the fence, she asked for reassurance that the fence would be fixed if needed in a reasonable amount of time. She was concerned about runoff onto her property and asked how far from the property line the buffer will be located. She asked if they have a car wash . She wanted to verify that six trees are propose d on the back side of the lot and asked h ow tall they will be when they are pl anted . She asked for verification of where the fence and trees will be located. Ne a l Testin, 8016 D anube S t ., asked if there was a height code for the buildings and canopy and wondered if they will remain within t he limits. H e noted that the site is on a Planning & Zoning Board November 14, 2012 Page 4 APPROVED MINUTES hill , so the canopy will be visible from his neighborhood. He stated concerns about the safety of the neighboring wells being located next to a gas station. He wanted to clarify that the applicant is paying the entire cost of bringing sewer in and repa iring streets upon c ompletion. He asked if an environmental study had been completed to addre ss spillage . Ellen Testin, 8016 D anube St., expressed concern over another gas sta t ion and another liquor store. She reiterated that there are already four with in ½ mile. She was d isappointed with the P&Z Board that the application has go ne this far. She supported the issues that her husband addressed. She was concerned that a gas leakage would ruin her ground water. She has lived there for 20 years and is ve ry concerned about her quiet neighborhood. She asked for a different business. Richard Dick, 806 1 Lake Dr., also had environmental concerns and wondered if a base groundwater study had been done or if mon itoring could be done for the future. David Metzg er, 8019 E lbe S t., agree s that this type of business is unnecessary and he would prefer a different business. He does not want to see the existing businesses get driven out of business. Lou J ungbauer , 679 A ndall S t., stated that he has been a resident fo r 27 years and is open to more options. However, he stated concern about the existing number of vacant stores already in the city. He is concerned about the success of the existing gas station and liquor store already in that area. He appreciated the op portunity to speak at this forum. He h as heard a history of problem s wi th groundwater in the area. He is concerned about the success of business in the city. He added that p eople like business owners that live in the area and employ local residents. He wants the current owners to remain successful. He is not opposed to new business unless it will drive existing business away. He added that empty businesses are very noticeable along Lake Dr. He wondered if the city has any information on the success o f the applicant in other locations. Gary Schmidt , 8027 D anube S t., pointed out that there is an elementary school within ¼ mile of t h at location. He was concerned about the safety of children with additional traffic in this area. He was also concerned t hat this business will bring down the property values of neighboring homes. Michelle Apman, 8015 Danube St ., added that she had concerns about lighting. Adam La M ere, owner of Lakes Liquor at 786 0 Lake Dr., stated that his business is a family owned oper ation for 17 years. He noted that l iquor stores are highly regulated and unable to compete with each other without a loss of revenue resulting in someone going out of business. He believes that the market and the community should decide on the type of bu siness allowed. He a sked that City Council set criteria to allow additional liquor stores into the city such as limiting the number of licenses, limiting the proximity, etc. He stated that most cities set limits. He asked that the city work together to develop business that the residents want, such as restaurants and retail. Planning & Zoning Board November 14, 2012 Page 5 APPROVED MINUTES Ja s on P ate , 7291 S avanna C t ., resident for 15 years, stated concerns about the effect of the proposed business on the existing smaller businesses . He is concerned that the smaller stores will likely go out of business. He suggested that the city come up with some incentives to draw new types of business into the city and consider setting limitations on distance or population for allowing the same type of business. S ergey Nazarenko , o wner of Eagle L iquor at 730 Apollo Dr., stated that he took over the liquor store about 1 ½ years ago. He asked that the city focus on h elping existing business rather than bringing in new business. He stated that the city has concentrated on regulati ng the existing business es and limiting their success by requirements such as signage. He stated that if they have to split their customer base with a new business, somebody will have to go. He s aid that the city will likely end up with another empty spa ce in a strip mall and potentially even drive away the developer. He stated that he employ s only four employees versus the 20 – 2 5 employees that the new liquor store plans to hire. He thinks that is too many employees. He said that he was forced to rem ove signage on the front of his building in order to put a sign on the 35W side. He wo uld like the city to support and help the existing businesses. He is pretty sure that his business or another existing liquor store will be driven away by the competiti on. The Board and City Staff addressed concerns regarding: • Sanitary s ewer • Gas s pillage/p otential r unoff • Grading • Lighting • Buffer area • Fence and Landscaping • Car wash (no longer proposed ) • Liquor l icensing • Property v alues • Signage • Liquor laws • Trails • Building and Canopy heights Mr. Grochala explained the city’s role in allowing a business . He noted that a property owner is allowed to bring a business into the city if it is an allowable use. He added that the C ity is obligated by law to allow a use that meets city requirements. Mr. Grochala stated that there are seve ral opportunities over the course of time for residents to pa rticipate in the city process. Gary Schmidt stated concerns about property values and s peed limits. Staff explained the process invol ved in changing a speed limit. Planning & Zoning Board November 14, 2012 Page 6 APPROVED MINUTES Mr. Jungbauer thanked the board and city staff for the ir patience and education on the process . Wes l ey G iddi ngs, 87 th Ave., Blaine, stated concerns about the empty businesses in the city and expressed that he does not think this is the best business for the city. Mr. Hyden made a MOTION to close the Public Hearing at 8 :25 p.m. Motion was supported by Mr. Nelson . Motion carried 5 - 0. Staff discussed the trail proposed for Main Street. Staff feels comfortable moving fo rward with the minor changes that need to be addressed prior to review by the city council. Staff noted that some of the conditions on the staff report have already been addressed while some of the conditions will remain with the conditional use permit. Mr. Nelson made a MOTION to recommend approval of the Preliminary Plat for the NE corner of Lake Dr./Main St. subject to the following conditions : 1) Submission of a revised plan set that incorporates the comments from the City Engineer’s memo dated November 5, 2012; 2) An oil/grit separator is submitted and meets the approval of the City Engineer; 3) Submission of a soils report, and review by City Engineer; 4) Cross access easements are submitted and approved by city staff to allow both businesses to utilize both ac cesses; 5) Submission of a revised plan set indicating the installation of right turn lanes into the site from both Main Street and Lake Drive; 6) Submission of a revised plan set that shows the driveway widths to a maximum of 36 feet; 7) The plat shall dedicate an additional 15 feet of right of way along Main Street; 8) Access along Lake Drive and Main Street shall be dedicated on the plat to Anoka County; 9) Obtain all necessary permits from the Rice Creek Watershed District, and provide a copy of that permit to the cit y; 10) Pond areas must be planted with a native seed mix acceptable to the city and managed for a minimum of three years by an approved city contractor; 11) Sign and enter a maintenance agreement to the city for the maintenance and operation of the storm water inf rastructure onsite prior to issuance of a building permit; 12) Revised plans are submitted that indicate the addition of raised landscaping beds on both buildings, and that such beds are clearly marked on the plan set; 13) Submission of colored elevations of the g as canopy and pump islands that meets city code; 14) Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. and 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy light level shall be significantly reduced to approximately 10 percent of full illumination; Planning & Zoning Board November 14, 2012 Page 7 APPROVED MINUTES 15) The public address system shall be limited to an intercom system and shall not play music or advertising; 16) Any video advertising devices integrated into the fuel pumps shall be inaudible from the sur rounding properties and rights -of -way; 17) The proposed motor fuel stations meets all noise and lighting ordinance at all times; 18) All outstanding land use or escrows shall be paid in full prior to issuance of a building permit; 19) Title work satisfactory to the Ci ty Attorney shall be submitted and reviewed prior to final plat recording; 20) Preliminary plat approval shall be valid for one year from the date of this approval. The plat and associated development agreement shall be recorded within one year of approval. A dditional conditions: • Trails installed along both Lake Dr. and Main St. • Internal crosswalks and sidewalks be incorporated into plans linking trails Motion was supported by Mr. Hyden . Motion carried 5 - 0 . Mr. Nelson made a MOTION to recommend approval of the Conditional Use Permit for the NE corner of Lake Dr./Main St. subject to the same conditions as the Plat. Motion was supported by Mr. Hyden . Motion carried 5 - 0 . Mr. Tralle called for a five -minute break at 8:48 p.m. Board reconvened at 8:55 p.m. V I DISCUSSION ITEMS A. Temporary Signage Mr. Grochala explained that the city has spent a lot of time on sign age regulations and that every city has varying sign requirements. He stated that signs are an ongoing code enforcement issue and difficult to regulate. He added that temporary signs are an aesthetic and maintenance issue. The c ity is currently addressing concerns of business owners regarding temporary and permanent signage. T he City Council has requested feedback from t he P&Z Board rega rding sign requirements . Board members discussed signage issues including allowances for banners and reader boards, changeable signage and how restrictive the city should be. Planning & Zoning Board November 14, 2012 Page 8 APPROVED MINUTES The board asked for comments from local business owners present at the meetin g. The following comments were received: - One sign should be allowed per building wall. - It is not aesthetic to have a b usiness front with out signage. - All businesses need to follow rules . - City should be consistent with their enforcement. - S ignage is ve ry expensive and should be aesthetically pleasing. - Temporary signage allowed in windows is sufficient . - It does not pay to have a sign that people cannot see to advertise their business. - City should allow 30 -sq foot for changeable signage. - City should consi der lowering fees for temp orary signs . - City should consider an expansion of an LED sign allowance . - Sign age need s to be visible for cars that are driving past businesses . The Board requested that staff send letters to the city’s business owners and invite them to participate in a discussion regarding signage at next month’s meeting. V I I . ADJOURNMENT M r. Neslon made a MOTION to a djourn the meeting at 9 :45 p .m. Motion was supported by M r. Masonick . Motion carried 5 - 0 . Respectfully submitted, Dawn Bugg e Community Development Ass istant