HomeMy WebLinkAbout04/11/2007 P&Z Minutes
CITY OF LINO LAKES
PLANNING & ZONING BOARD
APPROVED MINUTES
DATE : April 11, 2007
TIME STARTED : 6:33 P.M.
TIME ENDED : 9:57 P.M.
MEMBERS PRESENT : Michael Hyden, Perry Laden, Robert Nelson, Brian
Pogalz (Vice Chair), Rob Rafferty, Paul Tralle
(Chair); Michael Root; Perry Laden
MEMBERS ABSENT : None
STAFF PRESENT : Paul Bengtson, Jeff Smyser & Jim Studenski
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning a nd Zoning Board meeting to order at 6:33
p.m. on April 11, 2007.
II. APPROVAL OF AGENDA
The agenda was approved as presented
III. APPROVAL OF MINUTES:
February 14, 2007
Mr. Pogalz made a MOTION to approve th e February 14, 2007 Minutes. Motion was
supported by Mr. Rafferty. Motion carried 5 - 0.
IV. OPEN MIKE
Chair Tralle declared Op en Mike at 6:35 p.m.
There was no one present for Open Mike.
Mr. Hyden made a MOTION to close Open Mi ke at 6:36 p.m. Motion was supported by
Mr. Pogalz. Motion carried 5 - 0.
V. ACTION ITEMS
APPROVED MINUTES
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April 11, 2007
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APPROVED MINUTES
A. PUBLIC HEARING for a Rezone, Prelimin ary Plat, MUSA Allocation and Final
Plat for a two lot residential subdivision to be called Cox Estates, 554 Lois Lane,
Brennan Cox
Mr. Bengtson presented the staff report. (P erry Laden arrived at 6:37 p.m.) Staff
recommended approval subject to the seven conditions listed in the staff report.
Mr. Brennan J. Cox, 554 Lois Lane, appli cant, stated that he understands the
requirements and agrees to fo llow the conditions as proposed.
Mr. Tralle opened the Public Hearing at 6:41 p.m.
Debra Podlasek, 7859 Country Lane, asked fo r clarity of the proposed plan. Ms.
Podlasek wanted confirmation that there will only be one additional house and lot. She
asked for the proposed location of the new hous e. Mr. Bengtson clarified that the house
will be placed on the north side of the lot. Mr. Cox responded that he has no intention to
remove trees on the site.
Mr. Pogalz made a MOTION to close the Public Hearing at 6:45 p.m. Motion was
supported by Mr. Rafferty. Motion carried 6-0.
Mr. Pogalz made a MOTION to recommend approval of the Rezone, Preliminary Plat,
MUSA Allocation and Final Plat for Cox Estates subj ect to the following seven
conditions of approval:
1. All lots in the plat, includ ing the existing home, must agree to connect to City
utilities. The City will not approve th e final plat without legally enforceable
assurance that all properties will connect and existing onsite septic systems will be
appropriately abandoned.
2. Existing wells shall be capped when re quired by Minnesota Dept. of Health
requirements.
3. Issues discussed in the C ity Engineer review memo must be addressed to his
satisfaction.
4. A development agreement between the city and the developer must be executed prior
to the issuance of any building permits for the site.
5. Park dedication must be paid in acco rdance with the city’s fee schedule.
6. The Rice Creek Watershed District must revi ew the project prior to building permits
being issued by the city for any new construction.
7. A boulevard tree shall be provided for each lot frontage.
Motion was supported by Mr. Hyden.
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April 11, 2007
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APPROVED MINUTES
Mr. Rafferty recommended that staff consid er increasing the width requirements of
residential lots in the future.
Motion carried 6 - 0.
B. PUBLIC HEARING for a Conditional Use Permit Amendment for a building
addition at Molin Concrete, 415 Lilac Street
Mr. Bengtson presented the staff report. He noted that the proposed site plan and
building layout design had changed slightly si nce the staff report was written and that the
Rice Creek Watershed District (RCWD) had brought up some issues with the wetland
mitigation enhancement area on the grading pl an. He explained that Molin does not
intend to build into this ar ea now, and that the RCWD has not yet approved a permit for
this addition. Mr. Bengtson noted that sta ff has visited the site regarding landscaping
materials and Molin identified a stormwater outlet issue on the site that needs repair.
Staff recommends continuation of this item to the next meeting so that Molin can further
address the outstanding issues.
Mr. Hyden asked about the status of the landscaping on the back berm. Mr. Bengtson
replied that Mr. Asleson has checked the site a nd will visit the site ag ain in the future to
confirm that the landscaping is esta blished to the city’s satisfaction.
Mr. Rafferty asked if staff follows up on ite ms only when a new application on that
particular site comes in, or are issues bei ng checked up on. Rafferty stated that he would
like Molin to address previous concerns prior to coming back for additional approvals.
Mr. Bengtson remarked that Molin has worked with staff in the past to make sure
landscape issues are being addressed. He e xplained that Molin ha s aggressively been
growing and expanding recently, and therefore have been before the city more frequently.
He noted that landscaping issues can only be addressed at certain times of the year.
Mr. Rafferty clarified that he just wanted to make sure that they are not losing site of past
issues and that staff is on top of things.
Mr. Hyden explained that he brought up the landscaping issue because a number of
residents were concerned about the berm a nd screening that was required in the past.
Mr. Tralle asked if a continuation of the item would negatively affe ct Molin’s timeline of
the project. Mr. Tralle co mmented that he thought Mo lin has been doing a good job
following up on issues.
Randy Molin, facilities manager at Molin Conrete, was concer ned about what issues the
board members were referring to that were not addressed. Mr. Moli n stated that very
heavy rains hindered the completion of the berm area, and that they completed all
plantings as soon as they could and city sta ff checked on the progress. He added that the
City has checked every year to make sure that these areas are addressed. Mr. Molin
stated he has worked with Mr. Asleson at th e city to stay on top of things and it seems
when they come before the board it happens to be a bad time of year to look at plantings.
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April 11, 2007
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APPROVED MINUTES
Mr. Molin said that they have gone above and beyond the city’s landscaping expectations
and have ultimately included more plantings than were necessary.
Mr. Rafferty thanked Mr. Molin for clarifyi ng the issue for board members and citizens
that they are meeting required conditions.
Mr. Molin added that they increased the buffer zone by planting additional trees and that
Rice Creek is very happy with what they have accomplished and have signed off on their
stormwater management plan.
Mr. Molin specified that they report quarter ly to the MPCA regarding the stormwater
culvert that is covered by a 1994 permit to di scharge water and expl ained that the outlet
was damaged due to heavy snowfall. Mr. Moli n stated that they are working with Plowe
Engineering to redesign the outlet to avoid this problem in the future.
Mr. Molin explained that the request for a dditional office space is due to growing
business. Mr. Molin stated that continuing this item would not be an issue for them. He
said they plan to request a building permit in June.
Mr. Nelson commented that Molin has been a great partner with th e city and explained
that the board has become very sensitive to resident complaints. Mr. Nelson stated that
they are happy to have been educated on past issues.
Mr. Tralle opened the Public Hearing 7:12 p.m. No one was present to speak.
Mr. Rafferty made a MOTION to table the Public Hearing to the Planning & Zoning
Board Meeting on May 9. Motion was s upported by Mr. Hyden. Motion passed 6-0
C. PUBLIC HEARING for a Conditional Use P ermit for earth mate rial storage at
6644 20 th Avenue, Royal Oaks Realty
Mr. Studenski stated that th e applicant had a family issu e and was therefore unable to
attend the meeting. Staff has confirmed with the applicant that the board will table
tonight’s action to next mont h’s P&Z meeting. Mr. Studenski suggested that the board
open the Public Hearing to get the concerns of the residents that were present.
Mr. Studenski distributed copi es of two petitions that were received by the city on
Monday. He noted that the pe tition dated 4-9-07 stated concern of eight neighboring
residents regarding the proposed project. He noted that the second petition was a
historical petition dated March 3, 2005 from concerned residents opposed to additional
truck traffic going down 20 th Ave. The neighbors submitted this petition to show that
they have been concerned about this issue for a long time.
Mr. Studenski clarified for residents and the board that a Conditional Use Permit has not
been approved for this project. He explai ned that the city is following the standard
procedure for all Conditional Use Permit Reque sts: Neighboring residents were notified,
concerns will be heard at the Public H earing, the Planning & Zoning Board will make a
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April 11, 2007
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APPROVED MINUTES
recommendation to the Council & ultimately th e Council will make the final decision on
the request for a CUP.
Mr. Studenski presented the staff report. He clarified the location of the site and listed
some of the 14 prerequisite conditions that are necessary for approval of a permit. He
added that the applicant stated to the Environmental Board th at the dirt pile will not
exceed 7000 cubic yards.
Mr. Studenski noted that the city increased the area of Public Noti ce to property owners
within one quarter mile of the property in orde r to reach more residents. He stated that
the request has been forwarded to the Anoka County Highway Department for review of
two necessary permits for this application. Sta ff noted that the city is under a timeline to
act on all applications, and that the deadline for this request is June 6. Therefore the
Council would have to take action at the Ma y 29 meeting, and because the item is being
tabled, staff will send a letter to th e applicant extending the deadline.
Staff noted that the applicant will need to do a tree preservation plan or move the
stockpile 50 feet away from existing trees on the site. Mr. Studenski added that the
applicant stored the material on the site wit hout prior approval, ther efore the board will
need to decide if this use fits the site. Staff stated that Anoka County has jurisdiction
over the road, but the city must consider ne ighboring homes and traffic. Staff would like
feedback from residents and board members prior to the next meeting.
Board members discussed concer ns about increased traffic accessing the site, the amount
of material to be stored on the site, locati on of the berm, truck noise and --- to nearby
roads. They debated whether or not this was an appropriate use for the area.
Mr. Studenski clarified that the number of allo wable trips was generated by staff, and that
one trip included driving in and out of the site.
Mr. Smyser pointed out that this particular type of activity is not described within city
ordinances. He noted that according to city ordinance, anyone can move earth, reclaim
and dig holes in any zone. He stated that the city can regulate how much is moved and
how it is done.
Mr. Studenski stated that there is no specific route to be used to access the site and he
does not see a need to limit an access route. He clarified that the city does not
specifically restrict th is use in any zone.
Mr. Laden pointed out that if they approve the CUP they would be able to regulate the
use through conditions, but wit hout a CUP the applicant w ould have less regulated
activity on the site.
Mr. Tralle opened the P.H. at 8:05 p.m.
Mr. John Pignato, 6709 20 th Avenue, thanked Mr. Studenski for all of the work staff has
done. He stated that in the past the traffic was rural and never before had semis at 60
mph. He said the residents were never notified of an increased weight limit to the road.
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APPROVED MINUTES
He stated that 60 trucks went by in an hour and that side loaders are going through there.
He is seeing increased traffic. He was c oncerned about runoff. He hopes the P&Z Board
denies this application.
Ms. Patrice Carpenter 6748 20 th Avenue, stated that a huge mountain of dirt is already
there. She was concerned about pollution and trucks. She said her house is 400 feet from
the road and she looks at a dirt pile from her dining room window. She believes the pile
is currently in excess of 35 feet high. She has lived there for 20 some years and
understands and can deal with ch ange, however feels that a big pile of dirt in their back
yard is unreasonable. She had concerns about erosion control. She wondered if there are
guarantees that there were precautions taken pr ior to storing the dirt on the site. She is
concerned about where the dirt came from, if it is clean or infested with insects, and if it
had been tested, because they have nearby wells. She said that her property is the host to
the main culvert and that any drainage is goi ng south to the wetlands. Whatever is going
north is going to back yards and to the culvert. She said that the drainage area is a natural
drainage ditch going straight into the lakes and private wells. She stated that dirt and dust
blow into her house through her open windows and feels like she is living in a dust bowl
all summer. She said she is no longer able to dry her clothes outside. She said that there
is a dusty haze when trucks are there and stated that the small fence that has been placed
there cannot contain the dust from the huge mo untain of dirt. Ms. Carpenter stated
concern that nobody showed up for the meeting on behalf of the applicant. She was
concerned about the amount of daily truck traffic. She wondered if someone could
guarantee that pollution hasn’t al ready been dumped there and if they could prove it. She
urged the board to require that th e existing dirt pile be removed.
Julie McNeely, 6687 20 th Ave S., stated that she lives th ree driveways north of site. She
was grateful for the questions brought up this evening. She expressed concern of the
sensory assault of truck traffic. She ag reed that on a summer day she cannot open
windows or hang wash out to dry. She stated that the sound of truck engines breaking is
deafening to the ears. She stated that ma ny neighbors have experien ced cups vibrating on
the tables due to their houses shaking. She asked that board members consider the
sensory level issues as if it were their homes.
Mr. Rafferty made a MOTION to table the Pu blic Hearing to the Planning and Zoning
Board Meeting on May 9. Motion was suppor ted by Mr. Hyden. Motion carried 6-0.
Mr. Studenski asked for issues from the board that should be addressed.
The majority of the board members stated that they would be inclined to deny the
application because they feel the use is a busin ess and is not compatible in this zone. Mr.
Nelson suggested rezoning the property.
Mr. Pogalz stated that the pr operty is in a rural area and that farming is an allowable
business. He pointed out that the property owner could farm the property which would
cause dust, etc. as this does. He pointed out th at the road will take a beating in the future
when the area develops. He stated that the property owner pays a road tax and has the
right to use the roads. He pointed out that if the RCWD sees an issue with erosion
control, then they will not allow the use. He doesn’t think the board can decide to deny a
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April 11, 2007
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APPROVED MINUTES
use because they don’t like it. He believes there need to be c ontrols over the use, but they
need to allow it.
Mr. Tralle thanked the residents for attending the Public Hearing.
Mr. Tralle called a 10-mi nute recess at 8:27 p.m.
The meeting reconvened at 8:37 p.m.
D. Final Plat for Holiday Stationstores Li no Lakes First Addition at 7509 Lake
Drive, Holiday Companies
Mr. Bengtson presented the staff report. St aff recommended approva l of the final plat.
Mr. Dave Edquist, 16771 Jacksonville Ct., Lakev ille, MN, was present as representative
of the project. He apprec iated the board’s review and hopes they recommend approval.
Mr. Pogalz asked if they plan to add back the two gas pumps that were removed in the
past. Mr. Edquist stated that they did request to add back the pumps to increase business.
Mr. Rafferty made a MOTION to recommend approval of the Final Plat for the Holiday
Stationstore at 7509 Lake Driv e. Motion was supported by Mr. Pogalz. Motion carried 6
- 0.
VI. DISCUSSION ITEMS
A. Hardwood Creek Update
Mr. Smyser presented the staff report, giving a background of the Hardwood Creek site
and noting that no official application has b een received. Staff is simply educating the
board on the progress of plans for the site.
Mr. Smyser explained the proposed process in cludes application for a PUD, which will
include approval of the framework and basi c parameters, open space and park land, and
possibly a preliminary plat for the commercial area. He explai ned that individual
development will come in by phases as it develops . Because the site is so large, the main
elements will be approved first and individual development will be approved to fit into
the area.
Kendra Lindahl, Landform, stated that they hope to submit plans for preliminary plat in
June, with a presentation at the council work session on May 7.
Ms. Lindahl added that they will submit design guidelines with the PUD. They hope to
get final approvals and start site grading in the fall with construction beginning next year,
starting with commercial. She explained th at Shingobee is no longer a partner, but
United Properties has taken over the commercia l piece and is working on potential users.
She added that they do not have a re sidential developer at this time.
B. Comprehensive Plan Update
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APPROVED MINUTES
Mr. Smyser summarized that the Advisory Pa nel met on April 4 and put together draft
goals & policies. He said that a revised draft will go to th e boards and EDAC for review
and comment. He added that the document will not be brought to a P&Z Board Meeting
since all P&Z members are on the Advisory Pane l. Mr. Smyser stated that staff believed
the meeting on the 4 th was very productive. He noted that members of the panel
recognized they all had different views and to make one thing happen means other things
must then happen. Mr. Smyser asked board members for comments on the meeting or
the process itself.
Mr. Laden said that he left with a positive feeling that through this process, the Comp
Plan will include a lot of resident input.
Mr. Nelson commented that there was a good re cognition that there is cause and effect
with development.
Mr. Rafferty found it positive that everyone seemed to be thinking about other people’s
opinions and addressing issues that might be of concern.
The next meeting of the Advi sory Panel is on April 18, 2007.
VII. ADJOURNMENT
Mr. Root made a MOTION to adjourn the m eeting at 9:57 p.m. Motion was supported
by Mr. Pogalz. Motion carried 6-0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant