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HomeMy WebLinkAbout09/09/2009 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 September 9, 2009. II. APROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MINUTES: July 8, 2009 Ms. Brady made a MOTION to approve the July 8, 2009 Minutes. Motion was supported by Mr. Nelson. Motion carried 5 - 0. August 12, 2009 Mr. Laden made a MOTION to table approval of the Au gust 12, 2009 minutes, because a quorum from the August meeting was not currently in attendance. Motion was supported by Ms. Brady. Motion carried 5-0. Following the Action Items portion of the agenda, a quorum of members from the August meeting was in attendance and the board made the fo llowing motion: Ms. Brady made a MOTION to approve the August 12, 2 009 Minutes. Motion was supported by Mr. Root. Motion carried 4 - 0. (Hyde n, Laden and Nelson abstained.) IV. OPEN MIKE Chair Tralle declared Open Mike at 6:34 p.m. DATE : September 9, 2009 TIME STARTED : 6:30P.M. TIME ENDED : 9:15 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 Planning & Zoning Board September 9, 2009 Page 2 APPROVED MINUTES There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS A. PUBLIC HEARING for a Conditional Use Permit to allo w a church to locate on property located at 7868 Lake Drive, North Sprin gs Church City Planner Jeff Smyser presented the staff report . Mr. Root arrived at 6:37 p.m. Mr. Smsyer explained that staff is focusing on a nu mber of outstanding issues that need to be addressed on the site before the site can be used. These issues are listed in the staff report and include needed improvements to lighting, landscaping, screening, access management, and curbing and parking areas. Staff has discussed the requirements with the appli cant, and assured the board that they will continue to work with the applicant to address the issues prior to going to the City Council for approval. Signage will be permitted according to the sign ord inance requirements. Staff explained that the Conditional Use Permit for the VFW has technically expired, but Council will take action to acknowledge that the pr evious CUP has expired and is no longer effective. Staff recommended approval of the Conditional Use P ermit based on the conditions as listed in the staff report. Board Members discussed the consideration of limiti ng the hours of lighting on the site. Mr. Smyser noted that there have been no problems w ith lighting of other existing churches in the city. The board discussed the amount of traffic this proj ect is expected to generate. Mr. Smyser noted that the maximum number of parking spa ce is for 90 cars, and that number can be accommodated with the existing plan. This i s the same number that was allowed for the VFW to allow for events in the party room. Staff does not feel that a traffic study is necessary at this time, but will consider requir ing one if problems arise. Board members agreed to amend Condition No. 5 to co mply with the standard allowable lighting hours in the business district. Board members agreed to amend Condition No. 19 to i nclude text that reads “This will be resolved prior to City Council approval.” Planning & Zoning Board September 9, 2009 Page 3 APPROVED MINUTES Board members were concerned that traffic may becom e an issue. Staff discussed ways to address traffic issues including the use of traf fic control officers and limiting the times of services. Staff noted that the church would be required to pay for traffic control if it should become necessary. Board members agreed to a mend Condition No. 8 to include text that reads “…or other measures which the church shall provide.” Chair Tralle opened the Public Hearing at 7:14 p.m. Mr. Edward Shawa, 1388 Pheasant Hills Dr, Lino Lake s, applicant, explained that North Springs Church has been meeting in the old Lino Lak es city hall building for the past 4 years. He stated that their anticipated special ev ents are Christmas and New Year’s Eve. He does not anticipate early morning services. The y currently have about 70 people attending. They could accommodate for traffic issu es by adding services if necessary. Mr. Shawa understands and agrees to comply with the conditions as required. Mr. Pogalz made a MOTION to close the Public Hearin g at 7:17 p.m. Motion was supported by Ms. Brady. Motion carried 6 - 0. Mr. Smyser explained that staff has been contemplat ing whether they will grant a certificate of occupancy prior to all conditions be ing met. Staff’s goal is to ensure that the site is safe prior to any occupancy being allow ed. Staff will devise a list of the conditions that must be completed in order for a C/O to be granted, which will be part of the Site Performance Agreement. Staff continues to encourage use of the site, and would like all items completed as soon as possible. Board members suggested adding a completion date to the items that will be done in the spring. Mr. Smyser replied that they could possibl y add some dates into the Site Performance Agreement, which is a legal document si gned by both the owner and the city. Dennis Batty, 22770 Imperial Ave. N., Forest Lake, MN, architect for the project explained that he is fully aware of what needs to b e completed. Mr. Batty stated that they currently have contractors defining the work that n eeds to be done, and an estimate for all remaining items will be prepared for the developmen t agreement prior to the City Council meeting. He noted that site work is very w eather sensitive and they plan on completing items as quickly as possible. They plan to have the majority of work completed this fall. Mr. Pogalz asked if staff had received comments fro m neighboring residents. Staff replied that they received one phone call regarding the church application, but no negative comments. Staff had advised Mr. & Mrs. Sh awa to speak directly with the next door neighbor to address the screening issues. Mr. Nelson made a MOTION to approve the Conditional Use Permit to allow a church to locate at 7868 Lake Drive with conditions as listed in the staff report as well as the modifications to Conditions 5, 8, and 19 as previou sly described. Motion was supported by Ms. Brady. Motion carried 6 - 0. Planning & Zoning Board September 9, 2009 Page 4 APPROVED MINUTES At this time, the board discussed Item 6A, as liste d under Discussion Items. B. CONTINUED PUBLIC HEARING to consider amending the Z oning Ordinance to clarify requirements for Home Occupati ons and Residential Storage/Parking Associate Planner Paul Bengtson presented the staff report. Chair Tralle reopened the Public Hearing at 7:50 p.m. Mr. Bengtson pointed out amendments that staff made since the last meeting. Board Member discussion included hours of operation , trip generation and permit fees for home businesses. Staff explained the reason for a fee is that a home business is considered a special use that is above and beyond a single-family use of a home. Staff explained that a permit will be issued for the life time of the business, therefore a one-time only fee will be required. Limitations for the all owed use will go into city records and staff will then have the ability to pull informatio n from a file if complaints or problems should occur. Board members thought it was reasonable to set limi ts on hours of operation for noise generating activities. The Board suggested consist ency with the allowable hours found in existing ordinances. Staff agreed to draft a numbe r of options for the board to consider. Staff reminded the board that the focus is to prote ct the residential character of a neighborhood when addressing home business. Chair Tralle called a break at 8:35 p.m. The meeti ng reconvened at 8:43 p.m. On-street parking was discussed. The city currentl y does not restrict on-street parking. The Board requested that the city council consider on-street parking requirements within the city. Mr. Bengtson responded that staff would discuss the issue of on-street parking. Board Members discussed alternate options for parki ng surfaces. Board Members pointed out that any environmental options would ne ed to be approved by the city engineer to make sure all aspects of proper drainag e are addressed. Staff will amend text to clarify that recreational vehicles cannot be used as additional living quarters and that recreational vehicles and trailers shall be considered the same. Staff will make additional amendments based on boar d recommendations and bring a final draft to the October meeting for the board to review. Ms. Brady made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupati ons and Residential Storage/Parking to the October P&Z Meeting. Motion was supported by Mr. Pogalz. Motion carried 6-0. Planning & Zoning Board September 9, 2009 Page 5 APPROVED MINUTES VI. DISCUSSION ITEMS A. Kraus-Anderson, 49/J Update Mr. Smyser informed the board that the Council Work Session on Tuesday, September 8 included a discussion with developer Kraus Anderson regarding a proposal for a “big box” grocer to be located on the 17-acre site north west of the 49/J Intersection. Mr. Smyser stated that the city has not yet received an application for this project, so there is no formal project to review at this time. Staff ex plained that the discussion at the Council Work Session was at the developer’s request. The d eveloper was seeking reaction from the council, as the next step would be to generate a traffic analysis to determine what would need to happen if this project were to go for ward. The developer held two neighborhood meetings, neither of which was hosted by the city. Kraus Anderson showed the council a potential plan of the site. S enior housing may be proposed, but no user has been determined. City Council reaction se emed to be mixed. Questions were raised regarding a 24-hour business, senior housing , etc. Staff wanted the Planning and Zoning Board to be aware of the situation and reite rated that there is no project to review, therefore no recommendation is needed. Staff is not aware of any anticipated timing for an application to be submitted. Mike Witham, 211 Woodridge Lane, commented that he realizes that no formal plan has been submitted. However, speaking for his neighbor s, they wanted to state that the plan the neighbors were shown does not seem to mesh with the master plan for this area. They are aware of traffic issues. The neighbors feel th e master plan was a good plan and they would like to see it carried out. Mr. Smsyer explained that staff used assumptions of what could develop when creating the master plan for the area. He noted that Anoka County based their review on different analyses. At the time the master plan was created, the county said they would not allow a traffic signal at this location. There is potentia l that the county could change their decision regarding a signal. If this proposal were to go through, the master plan would need to be revised. Staff has discussed alternate potential locations w ith the developer. Mike Witham added that the neighborhood has additio nal concerns in excess of traffic. They believe that a single piece of property should not change the entire master plan. Mr. Tralle commented that the city and boards can p lan for a development, and hope for a direction, however until a developer wants to do so mething, the plan does no good. He said a good example is Legacy at Woods Edge, in whi ch development was hoped for and it has not happened. B. Comprehensive Plan Update Mr. Smyser stated that the Draft 2030 Comprehensive Plan was submitted to the Metropolitan Council on August 28. By statute, the Met Council has 120 days to review Planning & Zoning Board September 9, 2009 Page 6 APPROVED MINUTES the document and make comment. Staff is anticipati ng comments in the near future and will bring comments back to the board for dicussion . Staff will continue to address implementation of the plan through ordinances, zoni ng, etc. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9:13 p.m. Motion was supported by Mr. Nelson. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant