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HomeMy WebLinkAbout01/09/2008 P&Z Minutes CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : January 9, 2008 TIME STARTED : 6:35 P.M. TIME ENDED : 9:09 P.M. MEMBERS PRESENT : Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Rob Rafferty, Michael Hyden MEMBERS ABSENT : Paul Tralle (Chair) STAFF PRESENT : Paul Bengts on, Jeff Smyser, Jim Studenski, Michael Grochala I. CALL TO ORDER AND ROLL CALL: Vice Chair Pogalz called the Lino Lakes Planni ng and Zoning Board meeting to order at 6:35 p.m. on January 9, 2008. Mr. Pogalz noted that Chair Tralle was unable to attend and that Michael Hyden would be arriving late. II. APPROVAL OF AGENDA Mr. Pogalz requested postponing the approval of minutes until Mr. Hyden is present. The agenda was approved with requested change. III. APPROVAL OF MINUTES: December 12, 2007 Action for this item was taken after all other action items were completed. Mr. Hyden made a MOTION to approve the December 12, 2007 Minutes. Motion was supported by Mr. Laden. Motion carried 4 - 0. IV. OPEN MIKE Mr. Pogalz declared Open Mike at 6:36 p.m. There was no one present for Open Mike. Mr. Rafferty made a MOTION to close Open Mike at 6:38 p.m. Motion was supported by Mr. Nelson. Motion carried 4 - 0. APPROVED MINUTES Planning & Zoning Board January 9, 2008 Page 2 APPROVED MINUTES V. ACTION ITEMS A. CONTINUED PUBLIC HEARING for a Rezone, Preliminary Plat and Variance for a one lot residential s ubdivision to be called Vaughan’s 1 st Addition, located at the north end of Ruffed Grouse Road on Outlot D, Pheasant Hills Preserve Paul Bengtson, Associate Planner, presented the staff report. City Staff recommended approval of the request subject to the eight conditions listed in the staff report. Mr. Laden asked what the just ification would be for approvi ng the requested variance. Mr. Bengtson explained that staff’s recommendation for the variance was based on condition number one which would limit the deve lopment to one lot at the end of Ruffed Grouse Road. He added that with only one lot, the adjacent dwellings would be closer to the OHWL than what is being proposed and a variance would no longer be necessary. He continued that findings would be made for a variance if stil l necessary at City Council. Mr. Laden asked about the possibility of reduc ing the front yard setback instead of the OHWL setback. Mr. Bengtson re plied that they could ente rtain that possibility, but wanted to maintain the character of the neighborhood as much as possible. Mr. Kevin Gardner, Metro Land Surveying & Engineering, was presen t to represent the applicant. Mr. Gardner apol ogized that Mr. Vaughan was una ble to attend the meeting. Mr. Gardner stated that Mr. Vaughan did not agree with the first condition of approval, and asked that the board discuss alternate opti ons than enlarging the lot line. He did note that Mr. Vaughan may have been unaware that staff would be favorable to an easement across Lot 1 that would allow for future acce ss to the island if the lot line was adjusted. The board members and Mr. Gardner discussed what would be the best action taken by the board without delaying this application any further. Mr. Pogalz reopened the Pub lic Hearing at 7:09 p.m. Sandy Seebold, 6668 Ruffed Grouse Road, asked the board members to look closely at this request. She would like Lot 1 to include all of the upland area and wants to make sure that the city’s Shoreland Ordinance is fo llowed. She stated the lot is a very low lot and suggested that P&Z Board Members look at previous DNR records regarding this lot. She stated that the neighbors estimated the necessary fill to be about 10,000 yards and require about 80 trucks to haul. She stated th at the roads would not be able to allow for this impact. She said she is not against th e development of one house, but does not want to agree that he can sell in the future. She asked the board to consider this application closely. Mr. Rafferty asked who determined the estimate d number of trucks to fill the area. Ms. Seebold stated that the neighborhood estimated that 80 trucks would be required. Ms. Seebold stated that there is detailed inform ation on the fill from the previous application. She also noted that the cul-de-sac was moved forward to deter from variances. Planning & Zoning Board January 9, 2008 Page 3 APPROVED MINUTES Jeff Melby, 6685 Ruffed Grouse Road, stated that he is a lawyer and a registered civil engineer and he helped with th e hauling estimations. He said that truck hauling is a big concern. He noted that state law had changed since the last application was approved and that a private bridge would no longer be allowed to the island according to state law. He agreed that he is okay with one additional nei ghbor, but not with poten tial nine that could live on the island. Mr. Bengtson stated that staff recomme nds taking action tonight due to timeline constraints. Mr. Rafferty asked if the developer has the ab ility to ask the counc il for an extension. Mr. Bengtson stated yes he could requ est an extension at any time. Mr. Pogalz clarified that the applicant would be able to pull the application at any time and make amendments to come b ack to the board if preferred. Mr. Root made a MOTION to close the Publ ic Hearing at 7:20 p.m. Motion was seconded by Mr. Nelson. Motion carried 4-0. Mr. Nelson clarified that the island is not part of the discussion. Mr. Rafferty made a MOTION to recommend approval of the Rezone, Preliminary Plat and Variance to the OHWL setback for Vaughan’s 1 st Addition, subject to the following conditions of approval: 1. Lot 1 must be enlarged to encompass the en tire upland area at the north end of Ruffed Grouse Road. 2. Issues discussed in the C ity Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. The final plat must clearly depict all required easements. 5. The Rice Creek Watershed District must revi ew the project prior to building permits being issued by the city for any new construction. 6. A boulevard tree shall be provided for each lot frontage. 7. Park dedication must be paid in acco rdance with the city’s fee schedule. 8. Any development of the land contained in Outlot A will first require replatting that land as a developable lot. Motion was supported by Mr. Nelson. Motion ca rried 3 - 2. (Laden & Root voting nay) Planning & Zoning Board January 9, 2008 Page 4 APPROVED MINUTES B. CONTINUED PUBLIC HEARING for a Conditional Use Permit for a Commercial Planned Unit Development; a PUD Preliminary Development Plan/Preliminary Plat; a Conditional Use Pe rmit for a motor fuel station; and a Conditional Use Permit for a car wash; for a four lot commercial development to be called Main Street Village located at the SE Corner of I-35E and Main Street Jeff Smyser, City Planner, distributed a suppl emental memo to board members at the start of the meeting. Mr. Smyser discussed the memo and updated the board on the status of the project. Staff recommended the board re open the public hearing, take comment, and continue the public hearing to the February meeting to address outstanding issues. Mr. Hyden arrived at 7:55 p.m. Mr. Nelson asked if the board were to ma ke a recommendation, what would happen if staff discovered an issue upon further review. Mr. Smyser stated that staff could request changes prior to city council approval. Mr. Smyser stated he is comfortable with th e application but does not feel that review time has been adequate for approval. Mr. Smyser updated the board on the results of discussion of this item at the Council Work Session. Mr. Smyser stated that with the cooperation of the development team, staff should be able to address and finalize any outstandi ng issues prior to Council action. Mr. Smyser explained that the deadline for city action is March 1, and this includes a 60- day extension. Mr. Smyser explained it is possible for the item to go to the February P&Z Meeting and then to the 2 nd Council Meeting with a clea n submittal. Mr. Smyser would prefer not to force council to take action on a project at its first review. He noted it is common for council to request additional m eetings for approval. He added that the developer does not agree with an additional 30-day extension. Board members agreed that if staff feels they can resolve outstanding issues, they would prefer council to have an additional meeti ng for review instead of P&Z extending the item to another meeting. Mr. Grochala pointed out that Final Plat approval will give the board a chance to make sure that all conditions have been fulfilled. Sam VanTassel, representative of Kwik Trip st ore, stated that the on-site architect was on vacation over the holidays. He explained so me of the changes made to the Kwik Trip store, including reducing the structure to one bay and the parki ng lot spaces. He explained that employees will use the least convenient parking spots on the site, located behind the building. Mr. VanTassel pointed out that there are 20 parking spaces under the canopy that are not considered by Lino La kes, yet 2/3 of purchasing patrons will be parked under the canopy getting gas. He stated that the canopy stripe is four inches and fits canopy requirements. He noted that fewer trucks will be delivering to their store than Planning & Zoning Board January 9, 2008 Page 5 APPROVED MINUTES most convenient stores and described how th e trucks will access and use the site. He believes they meet all requirements with the proposed changes. He displayed colored elevations for the Kwik Trip store and stated that he hoped to have addressed all concerns for the Kwik Trip site. Mr. Laden asked staff if the city requires trash enclosures to be attached to the building. Mr. Smyser replied this is not a requirement. Mr. Laden commented that he would prefer the revised car wash over an attached trash enclosure. Tom Schuette, Azure Properties, stressed approv al from the board this evening pointing out that they have been before P&Z Board three times. He also explained accommodations that have been made. He a dded that they were invited to attend the council workshop by council members, and that Mr. Schreier did expr ess frustration of this project at the work session. Kathy Anderson, Architectural Consortium, stated that architectural drawings were submitted for the project. She agreed that the trail location could be amended per the board. Mr. Pogalz reopened the Pub lic Hearing at 8:34 p.m. There was no one present to speak. Mr. Laden made a motion to close the Public Hearing at 8:35 p.m. Motion was seconded by Mr. Rafferty. Motion carried 5-0. Mr. Laden requested a condition concerning a tr ail connection. Mr. Root requested a condition regarding snow removal. Ms. Anderson pointed out that a snow removal plan is typically pa rt of the developer’s agreement. Mr. Rafferty announced he would abstain fr om voting due to his absence at prior meetings. Mr. Laden made a MOTION to recommend appr oval of the Main Street Village project, subject to the following 15 conditions of approval: 1. On the sites of the multi-user retail bu ildings, there must be enough parking to accommodate all uses of the entire building. No individual use may create a parking demand that uses up the parking and does not allow enough for other uses of the building. The City may deny building permits or otherwise preven t an individual use of the sites if this condition would be violated. 2. The mitigation area and ponding there must be revised to comply with the AUAR requirements, including a 6:1 slope. Planning & Zoning Board January 9, 2008 Page 6 APPROVED MINUTES 3. Any restaurant use that includes outdoor seating with serv ice by wait staff will require a conditional use permit and must meet conditions listed in the Zoning Ordinance. 4. The permit from the Rice Creek Watershed District must be obtained and a copy submitted to the City prior to site work commencing. 5. City Engineer review comments must be addressed to his satisfaction. 6. The new landscaping plans (1/3/08) shall be re-reviewed by the City Environmental Coordinator. 7. McDonald’s shall supply information stati ng how truck circulation is addressed such as trucks will not deliver during business hours. 8. The Kwik Trip truck diagram dated 1/3/08 appears to show the gasoline tanker trailer does not clear the southern gas pump island. This should be clarified. 9. An easement for access to the City water tower is required and must be submitted for review prior to final plat approval. 10. The timing of the road relative to phased development shall be determined prior to City Council consideration and included as a condition of approval by the City Council. 11. Any comments from the Anoka County Hi ghway Department must be addressed prior to site work commencing. 12. The information received via e-mail on January 3 shows the canopy height at 3’ with one red stripe. If this stripe is no more than 4”, this design would comply with our standards. These design revisions s hould be verified with full elevations. 13. The location of the bank driveway must be agreed to between the developer and the bank prior to site work commencing. 14. The developer will work with city staff to develop a pedestrian connection to the proposed path along Main St. 15. A snow removal plan will be addressed prior to final plat and shall be included in the property owners association documents. Motion was supported by Mr. Root. Motion carr ied 4 - 0. (Rafferty & Pogalz abstained) Mr. Pogalz called for a five minute recess at 8:40 p.m. Mr. Rafferty left the meeting at 8:40 p.m. Mr. Pogalz called the meeti ng to order at 8:46 p.m. Planning & Zoning Board January 9, 2008 Page 7 APPROVED MINUTES C. Variance to allow an existing detached accessory structure to encroach into the side setback, 2221 Reiling Road Paul Bengtson, Associate Planner, presented the staff report. City Staff recommended approval of the variance request. Kenneth and Debra Muehlstedt, applicants, we re present for questions. No questions were asked of the applicants. Sally Bachmeier, 2215 Reiling Road, stated that the letters from the city to the applicant to remove the encroachment were in 2004 not 2005. Ms. Bachmeier explained that they had a survey that shows a different lot line. She added that the garage does not meet code. She said she had a meeting on Dec. 19 w ith Mike Grochala and he said that it was already decided that Mr. Mueh lstedt was going to receive th e variance and that all fees had been waived. Mr. Grochala explained that he had me t with Ms. Bachmeier and Mr. Chalupsky on December 19 and informed the residents that it was likely that staff would recommend approval of the variance based on the survey information. He expl ained that staff did waive the fees because this variance was duplic ative of a previous variance request and that staff had spent significant time dealing wi th related code enforcement issues for both properties. Mr. Bengtson pointed out that the difference between the two surveys is minimal, and that staff is basing their recommendation on the survey submitted by the applicant as it was recently signed by a licensed surveyor. Mr. Pogalz noted that the board has allowed minimal variances for existing structures in the past. Mr. Bengtson clarified that the wi dth of the encroachi ng area is two feet. Mr. Nelson made a MOTION to recommend ap proval of the Variance to allow an existing detached accessory structure to encr oach into the side setback at 2221 Reiling Road. Motion was supported by Mr. Laden. Motion carried 4 - 0. Minutes from December were approved. (As listed under item III.) VI. DISCUSSION ITEMS A. 2007 Year End Board Review Mr. Bengtson stated that board members ha d received a summary of action taken by the Planning & Zoning Board in 2007 for their review. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9:09 p.m. Motion was supported by Mr. Nelson. Motion carried 4-0. Planning & Zoning Board January 9, 2008 Page 8 APPROVED MINUTES Respectfully submitted, Dawn Bugge Community Development Assistant