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HomeMy WebLinkAbout12/12/2007 P&Z Minutes CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : December 12, 2007 TIME STARTED : 6:32 P.M. TIME ENDED : 8:25 P.M. MEMBERS PRESENT : Michael Hyde n, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) MEMBERS ABSENT : Rob Rafferty STAFF PRESENT : Jeff Smyser, Paul Bengtson, Michael Grochala, Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning a nd Zoning Board meeting to order at 6:32 p.m. on December 12, 2007. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MINUTES: October 10, 2007 & November 14, 2007 Mr. Hyden made a MOTION to approve the October 10, 2007 and November 14, 2007 Minutes. Motion was supported by Mr . Nelson. Motion carried 4 - 0. IV. OPEN MIKE Chair Tralle declared Op en Mike at 6:34 p.m. 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 4 - 0. V. ACTION ITEMS A. PUBLIC HEARING for a Preliminary Plat for a two lot residential subdivision to be called Marshan Meadows 2 nd Addition, located at 7332 Stagecoach Trail APPROVED MINUTES Planning & Zoning Board December 12, 2007 Page 2 APPROVED MINUTES Paul Bengtson, Associate Planner, presented the staff report. Mr. Root arrived at 6:39 p.m. Staff recommended approval subject to the eigh t conditions listed in the staff report. Mr. Tralle opened the Public Hearing at 6:42 p.m. Steve Gaffney, Bruggeman Properties, was in attendance for questions. Mr. Pogalz made a Motion to close the P ublic Hearing at 6:43 p.m. Motion was supported by Mr. Hyden. Motion carried 5-0. Mr. Laden made a MOTION to recommend AP PROVAL of the Preliminary Plat for Marshan Meadows 2 nd Addition subject to the foll owing conditions of approval: 1. Issues discussed in the C ity Engineer review memo must be addressed to his satisfaction. 2. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 3. Park dedication must be paid in acco rdance with the city’s fee schedule. 4. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Ma rshan Lake. Easement restrictions shall be defined prior to city council appr oval of the final plat. 5. The Rice Creek Watershed District must review 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. The drainage and utility easement show n on the south property line of Lot 2, Block 1 shall be reduced to 5 feet in width prior to the final plat mylar being signed and released by the city. 8. The signs for the conservation easement must be in place prior to the issuance of building permits for either of the newly created lots. Motion was supported by Mr. Hyden. Motion carried 5 - 0. B. PUBLIC HEARING for a Preliminary Plat for a one lot residential subdivision 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 th e staff report. Mr. Bengtson stated that Planning & Zoning Board December 12, 2007 Page 3 APPROVED MINUTES upon review of the application, staff determined a need for a rezoning of the property and the potential need for a Cond itional Use Permit and Variance. Staff recommended that the board continue this item to the next mee ting to allow for the necessary revisions to be made. Mr. Bengtson noted that city staff is working w ith the project engineer on corrections to the submitted documents. Staff encouraged the board to open the Public Hearing in order to address any concerns of the public. Chair Tralle opened the Pub lic Hearing at 6:48 p.m. Larry Leibel, 1281 Birch St., Lino Lakes, stated that Mr. Vaughan has been an excellent neighbor, however was concerned that any fill may cause wate r to flow onto his property. Kirk Corson, 6662 Ruffed Grouse Road, stated that the previous Comprehensive Plan showed a trail on this property. He wondered if this had been addre ssed as he would like access to a trail as previously proposed. Mr. Studenski stated that no earthwork will o ccur near Birch Street, therefore drainage will not affect Mr. Leibel’s property. Mr. Smyser stated that the previous trail pl an showed a trail going through the property, however the latest trail plan does not include a trail in this area . He stated that there is no interest for the city to place a trail in that location, and th at staff cannot put a trail on someone’s property just because someone wants it there. Mr. Ed Vaughan, applicant, was present to address the board. Mr. Pogalz made a MOTION to CONTINUE the Public Heari ng for the Preliminary Plat for Vaughan’s 1 st Addition to the January meeting. Motion was supported by Mr. Nelson. Motion carried 5 - 0. C. Variance to allow an existing detached accessory structure to encroach into the side setback, 2221 Reiling Road Paul Bengtson, Associate Planner, presented th e staff report. He not ed that staff still needs to review the revised survey with the city attorney. Therefore staff recommended tabling the item to the January meeting as di scussion at this time would be premature. Mr. Tralle suggested that the item be tabl ed without opening the item for discussion. Mr. Root made a MOTION to TABLE the Va riance to allow an existing detached accessory structure to encroach into the side setback at 2221 Reiling Road to the January meeting. Motion was supported by Mr . Nelson. Motion carried 5 - 0. Chair Tralle called a five minute recess at 7:02 p.m. Chair Tralle reconvened the meeting at 7:07 p.m. Planning & Zoning Board December 12, 2007 Page 4 APPROVED MINUTES D. PUBLIC HEARING for a Conditional Us e Permit for a Commercial Planned Unit Development; a PUD Preliminary Development Plan/Preliminary Plat; a Conditional Use Permit for a motor fuel st ation; a Conditional Use Permit for a car wash; and two Conditional Use Permits for outdoor dining, for a four lot commercial development to be called Main St reet Village located at the SE Corner of I-35E and Main Street Jeff Smyser, City Planner, pres ented the staff report. Mr. Sm yser noted that some of the data received in the traffic report was incorrec t. He stated that revisions are necessary and should resolve a number of issues th at staff had with the submittal. Staff recommended that the board open the public hearing for comment and continue the hearing to the January meeting. Board Members wondered if outdoor seating could be allowed as part of the PUD without requiring a CUP. Mr. Smyser stated that there is flexibility with a PUD that could allow for outdoor seating as part of th e approval depending on the conditions of the seating area. Mr. Laden asked if the car wash meets the guidelines for a stand alone building. He suggested more detail be added to the car wash building. Mr. Smyser stated that a three foot wi de canopy over the gas pumps is not unique. Mr. Hyden was concerned about traffic flow a nd exiting onto a busy road in traffic. Mr. Smyser responded that circulation and access points are primary concerns. Mr. Tralle opened the Public Hearing at 7:48 p.m. Kathy Anderson, Architectural Consortium, encouraged approval of the outdoor amenities that are similar to those in the Blaine Village. She stated that the likelihood of a large restaurant is remote. She explaine d that a sidewalk w ill connect the entire development from Otter Lake Road to ensure a safe circulation. She pointed out that the McDonald’s includes the updated EIFS. Representatives of Azure Properties, Sun tide Realty, QuikTrip & McDonald’s were present. Mr. Laden commended the applicants on the changes made since the last submittal. Mr. Pogalz questioned why a Kwik Trip would be located so close to another Kwik Trip store. Scott Tygen, chief national officer for Kwik Tri p, stated they believe they will be able to sustain stores on each side of the road. He explained that Kwik Trip originated from the grocery side and since added gas to their faci lities. There are curre ntly 3080 stores. Mr. Tygen noted that they are a strong Chri stian-based, family owned, profit-sharing company, voted best community store in the United States. Planning & Zoning Board December 12, 2007 Page 5 APPROVED MINUTES Mr. Hyden complimented the use of simulated rock. Mr. Tralle commented that this project should be a very nice presence on the corner and the applicant has listened well and resolved issues. Mr. Tom Schuette, Azure Properties, Little Cana da stated that they are working to meet AUAR requirements for drainage and infiltration . He added that they originally thought the requirements could not be met, but Pioneer Engineering has done a great job. Mr. Schuette explained that a great deal of effort was involved to make the traffic circulation work. He said they struggled w ith the suggestion by the city that traffic be one-way southbound to the entrance, but tena nts insist that no rthbound travelers need access to the west. He said this is critical to the development, and is convinced that the proposed plan is safe and workab le and provides good traffic flow. Mr. Schuette stated that they prefer to rough grade the road to the south by the water tower, and possibly pave with the second phase of the development. He said they would like to keep flexibility of fu ture possibilities for this development. He stated Mr. Milbauer, Lino Lake State Bank, suggests m oving the access approximately 20 - 30 feet eastward to keep the tw o entrances to the bank. Mr. Smyser stated that staff will examine th e changes in the traffic study and work with the county to address access details. Mr. Laden requested a plan s howing pedestrian circulation areas for the next meeting. Mr. Schuette stated they would lik e to begin building in the spring. Mr. Tygen said it is imperative for Kwik Tr ip that both access points be maintained for both customers and delivery trucks. Mr. Hyden made a MOTION to TABLE the reco mmendation for the Main Street Village project to the January meeting. Motion was supported by Mr. Laden. Motion carried 5 - 0. E. PUBLIC HEARING for an amendment to the City of Lino Lakes Zoning Ordinance, Section 3, Subd. 4. related to th e completion of permitted exterior work on buildings Jeff Smyser, City Planner, presented the st aff report. Mr. Smyser noted that this amendment is proposed because the city build ing official and building inspectors have had issues with the delay of work being completed in a reasonable amount of time. Pete Kluegel, Building Official, explained that the city has r eceived a lot of complaints in this area. He noted that finishing the ex terior does not provide any undue hardship and that this amendment is necessary to improve the city. Planning & Zoning Board December 12, 2007 Page 6 APPROVED MINUTES Mr. Laden asked what type of enforcement m echanism the city would have. Mr. Smyser replied that staff would charge offenders with violation of the zoning ordinance and could take them to court. Mr. Tralle opened the Public Hearing at 8:22 p.m. Mr. Pogalz made a Motion to close the P ublic Hearing at 8:23 p.m. Motion was supported by Mr. Hyden. Motion carried 5-0 Mr. Pogalz made a MOTION to recommend AP PROVAL of the Amendment to the City of Lino Lakes Zoning Ordinance, Section 3, Subd. 4, related to the completion of permitted exterior work on buildings. Motion was supported by Mr. Hyden. Motion carried 5 - 0. VI. DISCUSSION ITEMS A. Update on Comp Plan Process – Open House Mr. Tralle stated that the board accepts that the Comprehensive Plan process is progressive. VII. ADJOURNMENT Mr. Pogalz made a MOTION to adjourn the m eeting at 8:25 p.m. Motion was supported by Mr. Hyden. Motion carried 5-0. Respectfully submitted, Dawn Bugge Community Development Assistant