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HomeMy WebLinkAbout04/08/2009 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 Zon ing Board meeting to order at 6:30 p.m. on April 8, 2009. II. APROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF MINUTES: February 11, 2009 Mr. Nelson made a MOTION to approve the February 11 , 2009 Minutes as presented. Motion was supported by Mr. Pogalz. Motion carried 5 - 0. (Tralle and Laden abstained.) March 11, 2009 Mr. Nelson made a MOTION to approve the March 11, 2 009 Minutes as presented. Motion was supported by Mr. Laden. Motion carried 4 - 0. (Hyden and Brady abstained.) IV. OPEN MIKE Chair Tralle declared Open Mike at 6:34 p.m. There was no one present for Open Mike. DATE : April 8, 2009 TIME STARTED : 6:30 P.M. TIME ENDED : 10:02 P.M. MEMBERS PRESENT : Elizabeth Brady, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) MEMBERS ABSENT : None STAFF PRESENT : Paul Bengtson, Jeff Smyser, Jim S tudenski, Michael Grochala Planning & Zoning Board April 8, 2009 Page 2 APPROVED MINUTES Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by Mr. Laden. Motion carried 6 - 0. Mr. Tralle stated his appreciation for everyone who helped with the fire relief that took place the previous day in the northern part of the city. V. ACTION ITEMS A. PUBLIC HEARING for recommendation of the City of Li no Lakes 2030 Comprehensive Plan City Planner Jeff Smyser presented the staff report . He noted that the city held three open houses and this was the second public hearing to receive public input on the Comprehensive Plan. Ciara Schlichting, Bonestroo, provided an updated s tatus of the plan. Ms. Schlichting explained that the city council had recommended revisions to the draft plan. These revisions included a five year phasing plan to monitor growth, lowering density ranges, and revising the staging plan to re move some areas not anticipated for growth prior to 2030. The council also suggested a dding a policy regarding affordable housing. The city received thirteen comment letters from adj acent jurisdictions. Most comments were housekeeping items. Most recently, the City o f Columbus requested sanitary sewer services from Lino Lakes along Lake Drive, which Li no Lakes and Met Council do not planning on providing. City staff recommended adding language for flexibil ity of land use boundaries as well as language regarding snowmobile trails. Mr. Smyser reviewed the requested changes received by residents, as described in the staff report. Chair Tralle opened the Public Hearing at 7:09 p.m. Teresa Weinkauf, 797 Main Street, said she has been a resident for over 30 years and currently owns three properties in the city. Ms. W einkauf purchased the property in 2007 and was told by the city that the property was zone d commercial. She said at that time, staff realized a discrepancy between the zoning and the comp plan land use designation. She pointed out that the surrounding properties are also zoned commercial. She stated that the driveway is actually a separate parcel of land that she owns that provides service to the neighboring properties to the north. She sa id the drive is thirty feet wide and would allow plenty of room for parking. She was or iginally told by staff that the property was zoned commercial by mistake. Mike Withum, 211 Woodridge Lane, spoke on behalf of the neighbors of Woodridge Lane. They want to make sure that future developme nt is compatible with the existing Planning & Zoning Board April 8, 2009 Page 3 APPROVED MINUTES neighborhoods in the area. They are concerned abou t the proposed mixed use area west of Hodgson Road, specifically the lack of buffer ar ea shown between residential and commercial development. They would like the city t o consider rezoning the mixed use area to neighborhood business. They questioned why the housing projections are so high in this area. They wondered why a larger number of employees was proposed for the commercial area west of Hodgson versus the projecti on east of Hodgson. They asked that the city remember that this proposed gateway a rea includes a number of existing residential areas. Jeff Joyer, 8174 Lake Drive, Waldoch Farm, commente d on Ms. Weinkauf’s property, stating that he was an agent involved in that land transaction and that Ms. Weinkauf relied on the fact that the property was zoned comm ercial at the time of purchase. He added that he does not consider her gravel driveway to serve much as a buffer. He appreciated staff’s recommendation to include his p roperty in the staging area. He commented on his 39 acre parcel of land immediately north of the smaller parcel. He stated that the draft comp plan guides his 39-acre property as urban reserve, with no available sewer until 2030. He stated for the reco rd that he will return someday to a P&Z Meeting regarding development of this property as h e is accepting of accommodations by staff that there is room in the future for developm ent. He commended staff for their work throughout this process. Mr. Smyser responded to resident concerns. He expl ained that the 2002 Comprehensive Plan guided the Weinkauf property as residential, h owever the property is zoned commercial. Staff is not sure why discrepancies su ch as this exist, but they need to be corrected. According to MN State Statute, the comp rehensive plan is the guiding document for a city and changes should be made so t hat parcels conform. The Comprehensive Plan Advisory Panel determined that t his property should be residential. The property to the east will be zoned mixed use, w hich may include residential areas in addition to commercial uses. Staff does consider t he driveway to be a physical buffer. Staff’s continued recommendation is that the proper ty be zoned residential. Staff does not feel that the size of the property is compatibl e with a commercial use. Board member comments included that the greater goo d of the neighborhood should be considered rather than an individual good, and that a driveway that would potentially run between two commercial areas may not be compatible with a residential access. Ms. Weinkauf explained that her husband currently r uns a part time computer repair business, but it is possible that someday she may w ant to relocate her existing tax service business to this location. Staff’s suggestion was to review the current home o ccupations ordinance to consider expanding the allowances in order to accommodate th e type of business the Weinkaufs are considering. Staff did not feel it necessary t o guide the property for commercial in order to allow for the requested home occupation. Ms. Brady made a MOTION to recommend that the prope rty at 797 Main Street be guided as Low Density Residential as proposed in th e Draft 2030 Comprehensive Plan. Motion was supported by Mr. Laden. Planning & Zoning Board April 8, 2009 Page 4 APPROVED MINUTES The Board suggested that staff review and revise th e current regulations for home occupations. Motion carried 4 - 2. (Hyden and Root voting nay.) Staff stated that they intend to accommodate Ms. We inkauf’s intentions for her property. Mr. Smyser addressed the concerns of the residents from Woodridge Lane. He explained that as part of the 49/J Master Plan the city had t o estimate a need for sewer capacity in that area. The area west of Hodgson Road is suitab le for senior housing, which means higher density. Mixed use area housing units are b ased on estimates of what could happen there. Mr. Smyser explained that staff prop oses to add text in the Comp Plan to explain that proposed road designations are not def initive. Staff will have to refer to the 49/J Master Plan in order to verify the estimated n umbers on the east and west sides of Hodgson Road. Mr. Smyser commented on Mr. Joyer’s properties. St aff wanted to make it clear that although the city can make some accommodations for future development, the city cannot change building codes, such as sprinkler req uirements. While staff can amend zoning requirements, they cannot amend building cod e requirements. The city attempts to avoid commercial services in unsewered areas. S taff will need to determine what type of expansion may be allowed in the future prior to utility service availability. Staff did not say that they will be able to accommodate all r equests prior to utilities being available. Mr. Hyden made a MOTION to recommend that Mr. Joyer ’s 18-acre property (PIN 04- 31-22-34-0001) and the adjoining 2-acre parcel to t he east (PIN 04-31-22-34-0002) be included in the Stage 1A development area in the Dr aft 2030 Comprehensive Plan. Motion was supported by Mr. Nelson. Motion carried 6 - 0. Mr. Laden made a MOTION to recommend that the prope rty at 1370 Birch St. be guided as Urban Reserve as proposed in the Draft 2030 Comp rehensive Plan. Motion was supported by Mr. Hyden. Motion carried 6 - 0. Mr. Nelson made a MOTION to recommend that the prop erty at 2104 64 th Street be guided as Urban Reserve as proposed in the Draft 20 30 Comprehensive Plan, and to add text in the Planning District 3 section of the Plan discussing this area and the potential for amendment if a multi-property development plan is c reated. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Mr. Smyser stated that staff received two letters f rom Tere O’Connell of 1000 Main Street, requesting that her property be included in the stage 1 growth area and that the adjacent property not be guided medium density. St aff informed the board of a number of issues with Ms. O’Connell’s property, including sewer service capacity and elevation in that area. Staff recommended that both parcels remain as proposed. Planning & Zoning Board April 8, 2009 Page 5 APPROVED MINUTES Tere O’Connell, 1000 Main Street, stated concern th at Mr. Joyer’s property would develop into a large development. She said she is the only homeowner in that area and did not want a development near her like the develo pment on 79 th Street. She said if there was an option to hook up to sewer she would h ave liked to. She was concerned that everything around her would become medium density. She said she would not mind a limited number of lots on Mr. Joyer’s property, and that she would prefer to see five homes per acre throughout the city. Mr. Smyser responded that due to site and design fl exibility, that area is proposed for medium density. Ms. Schlichting added that the properties adjacent to Ms. O’Connell’s property include environmental protection areas, as designated by th e RCWD, which would make large development difficult. Ms. O’Connell stated that she just wanted to expres s her desire to keep the area as it is. Board Members commented that the city is required t o select areas for medium and high density where they are most suitable, that they are always sensitive to neighbors, and that they provide buffers where they can. Mr. Nelson made a MOTION to recommend that no chang es be made per Ms. O’Connell’s requests to the properties at 1000 Main Street and Mr. Joyer’s adjacent property. Motion was supported by Mr. Laden. Moti on carried 6 – 0. Mr. Pogalz made a MOTION to recommend approval of t he 2030 Comprehensive Plan, including the actions taken by the Planning & Zonin g Board, as well as staff’s revisions, comments from adjacent jurisdictions, and city coun cil recommendations as listed in the staff report. Mr. Nelson supported. Motion carrie d 6 - 0. Mr. Laden made a MOTION to close the Public Hearing at 9:15 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Chair Tralle called a ten minute break at 9:15 p.m. The meeting reconvened at 9:26 p.m. VI. DISCUSSION ITEMS A. Seasonal/Interim Commercial Activities Associate Planner Paul Bengtson presented the staff report. Mr. Bengtson explained that the city was approached by the owner’s agent of the former Schwan’s site on the southeast corner of Lake Drive and 77th Street with a request to temporarily use the property for a landscape/garden sales center. While this use does not currently fit within city ordinances for this site, the owner’s agent requested discussion by the board to consider if an amendment to the ordina nce would be supported to allow the Planning & Zoning Board April 8, 2009 Page 6 APPROVED MINUTES prospective use. Staff pointed out that no improvements have been ma de to the site that would meet the performance standards of the proposed use. State l aw prohibits a use variance, therefore staff would need to amend the ordinance to add a ne w use or an interim use. Dale Wazniak, property owner, said that he is tryin g to determine if it is possible to have an interim use on his property. He feels that city ordinances are too restrictive. He fully intends to market the property in a retail fashion when the market turns around. Upon discussion, the board determined that without the necessary improvements, this use woul not be suitable on the property. The Board re quested that staff review the existing ordinance and definitions regarding interim uses to determine what uses should be allowed and where. Board members suggested conside ration of seasonal uses such as farmer’s markets in the summer or tree sales in the winter. The Board suggested that staff consider revising the definition of a greenho use to allow for the sale of plants grown both on and off site. VII. ADJOURNMENT Ms. Brady made a MOTION to adjourn the meeting at 1 0:02 p.m. Motion was supported by Mr. Hyden. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant