HomeMy WebLinkAbout08/10/2005 P&Z Minutes
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE : August 10, 2005
TIME STARTED : 6:32 P.M.
TIME ENDED : 10:18 P.M.
MEMBERS PRESENT : Hyden (arrived at 6:50 p.m.), Laden, Nelson,
Pogalz, Rafferty, Root, and Tralle.
MEMBERS ABSENT : None.
STAFF PRESENT : Jeff Smyser; Mi chael Grochala; James Studenski;
and Paul Bengtson
I. CALL TO ORDE R AND ROLL CALL
Chair Rafferty called the Lino Lakes Planning and Zoning Boar d meeting to order at 6:32
p.m., August 10, 2005.
II. APPROVAL OF AGENDA
The agenda was approved.
III. APPROVAL OF MINUTES: July 13, 2005
Mr. Tralle made a MOTION approve the Ju ly 13, 2005 Minutes and was supported by
Mr. Nelson. Motion carried 5-0.
IV. OPEN MIKE
Chair Rafferty declared open mi ke open at 6:64 p.m.
There was no one present for Open Mike
Mr. Laden made a MOTION to close Open Mi ke at 6:35 p.m., and was supported by Mr.
Tralle. Motion carried 5-0.
V. ACTION ITEMS
A. PUBLIC HEARING for Preliminary Plat, Final Plat, E.G. Rud & Sons, Inc.,
6776 Lake Drive
APPROVED MINUTES
Planning & Zoning Board
August 10, 2005
Page 2
APPROVED MINUTES
Staff stated applicant had reque sted approval of a Preliminary and Final Plat for property
located adjacent to the north east corner of Lake Drive and Hodgson Road. The applicant
has already obtained Site and Building Plan Review approval administratively on July 18,
2005; executed a performance agreement for the site; and has pulled building permits for
construction of a 25,000 square foot multi-tenant building on the site. The applicant is
now pursuing a Preliminary and Final Plat to clean up the le gal descriptions and easement
documentation on the subject property. The subj ect site was purchased from the City of
Lino Lakes earlier this year.
Staff presented their analysis and reco mmended approval subject to the following
conditions:
1. The proposed addition is subject to Anoka County Highway Department
requirements, review, and approval.
Mr. Pogalz asked how many stores was the building. Mr. Bengston replied it was two
stories with a drive out garage on the back side of the building.
Chair Rafferty opened the public hearing at 6:37p.m.
Chair Rafferty invited applicant to make comment.
Jason Rud, President of E.G. Rud & Sons, asked if there were any questions. The
Commissioners had no questions.
Chair Rafferty invited anyone for or agai nst this proposal to make comment.
There were no comments made.
Mr. Nelson made a MOTION to close the pub lic hearing at 6:37 p.m. and was supported
by Mr. Pogalz. Motion carried 5-0.
Mr. Pogalz made a MOTION to recommend approval of the Pr eliminary Plat, Final Plat,
E.G. Rud & Sons, Inc., 6776 Lake Drive, s ubject to the condition as noted in staff’s
August 10, 2005 report and was supported by Mr. Tralle. Motion carried 5-0.
B. Variance to rear setback from Ordinary High Water Level to build an addition
to existing house, Benton Er ickson, 6868 W. Shadow Lake Drive
Staff stated the Shoreland Ordinance for the City of Lino Lakes requires a 100-foot
setback from the Ordinary High Water Line for any structure that is Unsewered. The
applicant is proposing an addition to the existing single family dwelling at 6868 West
Shadow Lake Drive that if approved w ould reduce that setback to 50.6 feet.
Staff presented their analysis and re commended denial of the variance.
Mr. Tralle asked if W. Shadow Lake Drive was scheduled for City sewer and water at
some point in the future. Mr. Bengston responded there was a referendum that would
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August 10, 2005
Page 3
APPROVED MINUTES
cause the redevelopment of the street and th e possibility of utilitie s being put in on W.
Shadow Lake Drive, but it woul d not affect this applicati on and Mr. Erickson would still
need to obtain the variance as they would be encroaching closer than the neighboring
properties.
Mr. Hyden arrived at 6:50 p.m.
Chair Rafferty invited applicant to make comment.
Brad Erickson, 6868 W. Shadow Lake Drive, stat ed they were upset with the City staff
and summarized the process they had followed for this variance. He indicated they were
over 100-feet from the lake. He noted they ha d worked closely with staff on this and had
spent a lot of money for this variance and moved ahead with their plans. He stated he
believed they had followed everything th e City staff had directed and he was
disappointed the staff was reco mmending denial. He indica ted they had spent several
thousand dollars on this, which they would not have done if they believed this would not
be approved. He indicated he wanted to be treated the same as everyone else in the
neighborhood. He stated he has lived in th e neighborhood for 25 years and has never had
any problems with flooding or wa ter sitting in his yard.
Chair Rafferty stated he belie ved staff was trying to help him through this variance, but
unfortunately, the DNR was saying there were other ways of doing this.
Mr. Erickson asked why was their neighbor allo wed to build a porch. He stated he did
not believe his project would affect the lake quality. He noted the City and DNR until
recently did not have any interest in the lake and if anything the residents had tried to
improve the quality of the lake. He noted most of the main structure was set closer to the
lake than he was.
Chair Rafferty stated he had l ooked at his site and the guidelin es in place were to keep
standardization and reducing a 100-foot setback to 50-feet, was pushing it. Mr. Erickson
noted there were a lot of houses on the lake sitting on the setback and most of those
houses were put in before setbacks were in place.
Chair Rafferty noted the elevation for the 100-year flood was farther up in his yard. Mr.
Erickson responded his neighbors had brought in f ill years ago to build up their yards, but
he had no need to do that because he did not have flooding issues.
Mr. Hyden asked if the 100-f oot setback would change if W. Shadow Lake Drive went
on City sewer and water. Mr. Bengston replie d it would be reduced to 75-feet, but this
property would still need a variance.
Mr. Hyden asked if the neighboring house ha d gone through a similar process. Mr.
Bengston replied staff had looked at this and there had been homes closer than 100 feet,
but they had met the shoreline ordinance. He noted there were a couple of homes that
were almost on top of the ordinary high water line that had been there for quite awhile.
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August 10, 2005
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APPROVED MINUTES
Mr. Nelson inquired about the other lots ha d been filled and the high water lot having
been moved. Mr. Bengston replied the DNR ha d not received any permits to bring in any
fill for these other properties and if this had been done the DNR would investigate as to
how this was permitted.
Chair Rafferty inquired about the decks on the other two adjoining lo ts. He asked how
were these structures able to be built. Mr. Bengston responded uncovered decks and
porches were allowed to encroach into se tback areas and in this case the shoreline
ordinance might not have been in effect when the decks/porches were built.
Mr. Laden asked what the side yard set back was. Mr. Bengston repl ied it was ten feet.
Mr. Laden asked if there was any reason why th e addition could not be built to the south.
Mr. Bengston replied according to setback standa rds, it did not appear there would be any
reason why the addition could not be built there, but there might be a drainage field on
that side. He indicated they would need to talk to the applicant about this.
Mr. Tralle made a MOTION to recommend denial of the Va riance to rear setback from
Ordinary High Water Level to build an addi tion to existing house, Benton Erickson, 6868
W. Shadow Lake Drive based on the Findings of Fact as noted in staff’s July 14, 2005
report and was supported by Mr. Root.
Mr. Root noted this was a tough decision and he understood everything the applicant said
and applicant’s concerns, but they had to follow the rules.
Mr. Nelson asked if applicant would have the opportunity to go back to the DNR because
he believed applicant did have a hardship in this situation. Mr. Bengston responded
applicant could contact the DNR, but noted the 1 00-foot setback was a City requirement.
Mr. Nelson asked if the high water line could be moved to be more e quitable to the other
lots. Mr. Bengston replied the only way for the line to change was if the DNR would
change it by lowering the lake or allowing fill to be brought in, but he was not sure if the
DNR would allow this.
Mr. Nelson suggested the applicant pursue this with the DNR.
Motion carried 6-0.
C. Final Plat for Foxborough, Royal Oaks Realty, a 50-acre development south of
Birch Street and east of Deerwood Lane, at the east end of Fox Road
Staff stated the developer has changed the na me of this project from Fox Den Acres to
Foxborough. The City Council approved the pr eliminary plat for the Fox Den Acres
planned unit development on January 10, 2005 w ith Resolution 04-196. This project is
the first to implement the new parks and open space plan through the use of a
conservation development. The conservation development approach, while often
discussed in Lino Lakes in the past, has not previously been pursued to the extent being
seen on this project.
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August 10, 2005
Page 5
APPROVED MINUTES
Staff noted the total site is 50 acres and th e permanent open space will include 28 acres,
about 56%. The preservation of open space on this site will be an important step in the
implementation of the community’s greenway vision. An overall conservation plan will
lay out what actions must occur to conserve and restore specified na tural features of the
site. The homeowners association will prepar e an annual implementation plan. The City
will review each annual implementa tion plan to make sure it is consistent with the overall
conservation plan. The City then will releas e funds for the activities described in the
annual plan.
Staff presented their analysis and recommended approval.
Chair Rafferty invited applicant to make comment.
Mike Black, Royal Oaks Realty, thanked staff for their work on this. He summarized the
development for the Board.
Chair Rafferty asked if there would be a homeo wners association. Mr. Black replied that
was correct.
Mr. Laden, made a MOTION to recommend ap proval of the Final Plat for Foxborough,
Royal Oaks Realty, a 50-acre development south of Birch St reet and east of Deerwood
Lane, at the east end of Fox Road and wa s supported by Mr. Nelson. Motion carried 6-0.
D. PUBLIC HEARING for a Rezone to R-1 and GB, Preliminary Plat and MUSA
Allocation, Pine Glen, 7930 Lake Drive
Staff stated applicant has re quested approval of a 78-lot si ngle-family residential and 2
lot commercial subdivision entitled Pine Glen. The subject property is located on the east
side of Lake Drive approximately 900 feet south of Main Street. The comprehensive
plan guides the site for low density sewered re sidential use and it is currently zoned R-1X
(Single Family Executive), R (Rural), and GB (General Business).
Staff indicated the applicant’s request in cludes a Rezoning to R-1 (Single Family
Residential) and GB (Gen eral Business); 44.78 acres of MUSA allocation; and a
preliminary plat for the 78 reside ntial and 2 commercial lots.
The applicant held a neighborhood meeting on Thursday, July 28 th , giving notice to
neighbors using mailing labels supplied by the City of Lino Lakes Community
Development Department.
Staff presented their analysis and reco mmended approval subject to the following
conditions:
1. Phase 1 of the project including 42 residen tial lots cannot be final platted until 2006.
The final plat for phase 2 of the project including 38 residential lots cannot be final
platted until 2007.
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August 10, 2005
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APPROVED MINUTES
2. A sign must be provided at the northern terminus of Street C and the southern
terminus of Street B that indicate that the road is intended to continue in the future.
3. Homeowner’s Association documentation must be submitted with the final plat
application.
4. Park dedication fees must be paid in accordance with the city fee schedule.
5. A site and building plan review must be completed for both of the commercial lots
prior to any commercial activities on those sites.
6. All existing structures must be removed prio r to the approval of a final plat for any
portion of Phase 1.
7. 4.08 acres of commercial MUSA is hereby a llocated to the commerc ial portion of the
site.
8. 20.7 acres of residential MUSA for the year 2006, and 20 acres of residential MUSA
for the year 2007 are hereby allocated to the residential por tion of the site.
9. City native seed mix must be used in a ll drainage ponds and we t areas and a 3-year
management plan must be established with a reputable management company.
10. Right-of-way for Lake Drive shall be dedicated as 60 feet from centerline.
11. A 15-foot wide trail easement along Lake Driv e will need to be de dicated to the City
prior to the City Council approving any fina l plat for the project. This easement will
need to be outside the ultimate right-of-way width for Lake Drive.
12. A sidewalk or trail connecti ng the private trail system to the commercial site and
ultimately to the Lake Drive trail must be built as part of the first phase of this
development.
13. The project is subject to Rice Creek Watershed review and approval.
14. The project is subject to Anoka County Highway Department review and approval.
15. A temporary cul-de-sac must be provided at the southern terminus of Street C.
16. Plans depicting the integration of Street A into Lois Lane must be submitted and
approved by the City Engineer.
17. The upland area of all lots must be c onfirmed to meet the 10,800 square foot
requirement prior to the preliminary pl at being reviewed by the City Council.
Mr. Root asked if a wood chip trail was acceptable. Mr. Be ngston replied because this
was not a required trail, the deve loper could propose any type of trail material he wanted.
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August 10, 2005
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APPROVED MINUTES
He noted the trail was meant to be used by th e residents of the development and the type
of material they were intending on using w ould not impede drainage in the area.
Mr. Root asked if the trail was underneath the utility lines. Mr. Bengs ton replied the trail
would be 40-feet north of the utility lines.
Mr. Root asked why the road could not go to the north and inquired about the spacing of
the intersections. Mr. Stude nski responded Anoka County’s requirement was ¼ mile for
any intersections for spacing. He noted staff tried to line things up for future
intersections.
Mr. Root asked if these distan ces were within ¼ mile. Mr. Studenski replied that was
correct. He indicated they were waiting for Anoka County comments at this time.
Mr. Tralle stated he had an issue with Stre et C going up to an existing home. He asked
what are the chances of that ever getting ex tended over to James Street. Mr. Bengston
responded the intention of staff was to provi de another access to potentially alleviate
some of the traffic in this area, particularly the Lake Drive and Main Street extension. He
stated if that would every happen, it would be up to the property owner who owned that
home to sell the land for the street and he believed the developer has spoken with that
property owner, but he did not know the result s of that discussion. He indicated they
wanted to leave this open as a possibility in the future.
Mr. Laden asked if the Street A would connect to Lois Lane. Mr. Bengston
acknowledged it would connect to Lois Lane.
Mr. Tralle asked what was on the back of Lo t 32. Mr. Bengston replied the back end was
a drainage retention pond and the developer would make sure the residents knew the
purpose of those ponds.
Mr. Hyden asked if Vicky Lane would be cl osed off. Mr. Bengston responded their
intention was to realign Vicky Lane.
Chair Rafferty opened the pub lic hearing at 7:55 p.m.
Chair Rafferty invited anyone for or agai nst this proposal to make comment.
Mark Westling, 947 Lois Lane, stated the back of his property was on the other side of
this proposed development. He asked if there had been a traffic analysis for the
connection to Lois Lane and asked what type of a traffic increase they could expect on
Lois Lane. He stated Lois Lane had no sidewalks and asked if they were increasing the
amount of traffic, would sidewalks be added. He asked if there was a specific length for
a cul-de-sac and why was one of the cul-de-s acs exceeding that length. He asked if the
proposed trail was going to be on the develope r’s property, or would it be in the easement
of the power line. He asked how set where they on the density. He noted they were
proposing a higher density along the back of hi s property and asked if the lots could be
increased to 100-feet wide. He asked if it would be possible to request the City vacate
the Dupont easement, which would allow him to regain the 15-feet that was left on the
Planning & Zoning Board
August 10, 2005
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APPROVED MINUTES
backside of his property line. He expressed concern about increasing the size of the road
and asked why there were no sidewalks within the development. He noted it was difficult
to go south on Lake Drive, especially on Fr idays and expressed c oncern about this new
development adding to that problem. He asked for a list of the builders from the
developer, which the developer had indicated he would provide.
Chair Rafferty asked everyone to keep th eir comments to two minutes or less.
Ken Dufresne, 940 James Street, stated the area was heavily wooded and strongly
recommended the City require the builder to ut ilize as much of the existing vegetation as
possible. He indicated if they utilized this property, it would be less impact on the
existing neighborhoods. He asked the builder to use some restraint as to how they
cleared land. He noted this would st and very well with the neighborhood.
Joann Lahlum, 931 Lois Lane, expressed concer n with respect to traffic and the proposed
semi-fore being put in at Lois Lane. She asked how would people access the four
businesses and Public Park without doing a “U” turn or going down Lois Lane.
John Humenansky, 989 Lois Lane, requested they deny the rezoning change and wait for
a suitable development that incorporated the R-1 designation. He stated future plans for
Lake Drive were currently unknown and traffic coming from the north would either have
to make a “U” turn or go through the nei ghborhoods to get to the businesses, which
would change the character of the neighborhood. He stated a major flaw in this plan was
that there was no exit to the north. He di d not believe there had been enough study on the
traffic flow and they did not have en ough information to pass this tonight.
Brenda Talley, 963 Lois Lane, stated on Lois Lane the traffic was slow, but it was “hilly”
and it was difficult to see. She expressed conc ern for the safety of the children in the
neighborhood with these types of site lines. She expressed concern about accessing Lake
Drive and the increase in traffic. She noted with additional stoplight s and stop signs this
increased her commute time and she was require d to get to her employment within 30
minutes after she was called. She expre ssed concern about the density of the
development. She expressed concern about the trail location and the possibility of
increase in crime. She requested there be a nother option for the traffic. She stated she
felt like they were getting squeezed out. She expressed concern about medians being put
in Lake Drive. She asked if there was the possibility to shift the school zoning district
because right now she had to send he r children to Forest Lake.
Betsy Friesen, 975 James Street, expressed conc ern about the traffic. She stated they
needed to consider the infrastructure first a nd not last. She noted Street A would be an
uncontrolled intersection until Vicky Lane had been addressed. She stated it was very
difficult to get out onto Lake Drive, especia lly on Friday nights. She noted the City
needed to get a handle on the traffic and plan for the future, instead of planning
backwards.
Kevin Kuznia, 1018 Lois Lane, proposed to keep the Lois Lane neighborhood the way it
was. He noted right now traffic was minimal. He stated if people knew they could go
down Lois Lane to get to another connection, it would increase traffic and safety issues.
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August 10, 2005
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APPROVED MINUTES
Trish Yotter, 874 Lois Lane, asked if ther e had been any consideration about the
economic impact on th e existing neighborhoods.
Chair Rafferty requested staff address the questions asked so far.
Mr. Bengston stated it was up to Anoka Count y as to what was going to happen with
Lake Drive and the City or developer had no cont rol over this. With respect to the traffic
analysis on Lois Lane, there was not a study done on this because traffic was designed to
go to the main entrance and exit point and tr aveling through Lois La ne was a longer route
for the people to take. He stated it was not studied how many people would go through
Lois Lane and this would be scientifically im possible to determine. With respect to the
cul-de-sac, it was required to be no more than 500-feet. The trail was on the developer’s
property, even though there was an easement in place. He stated the trail was within the
tree and brush trimming area beyond the easement. With respect to the density level, this
was guided by the Comprehensive Plan and th is property was well below the allowable
level. With respect to vacating Dupont Av enue, this was a possibility and staff would
need to look at this to determ ine if this was the best course of action, but if there was an
application made, they would look at this. He noted no sidewalks were being proposed
or required for this development. With re spect to the existing trees on the site, the
developer had indicated they would try and pr eserve as many trees as possible as this
would increase the properties values, but it mi ght not be possible to save all of the trees
they would like to because of grading issues . He noted until they staked the properties,
they would not know how many trees they would be able to preserve. With respect to the
density, this was a low density residential a nd they were within and below those density
levels. With respect to the north exit, Street C was set up to connect in the future, but as
the developer did not own the property to the north, it was impossible to require the
developer to provide this access. He stated it was their intent to provide as many access
points as possible due to emerge ncy services being able to ac cess the area. He noted the
Lois Lane access would provide a secondary a ccess into the area, as well as providing
another access onto Lois Lane.
Chair Rafferty invited applicant to make comment.
Larry Olson, LSJ Engineering, stated they woul d put a list of builder s together that they
would provide to staff. He noted this would probably not be a final list as the list of
builders was usually not prepared as a part of the preliminary plat pr ocess, but this list
would give a good representation of what they were proposing. He noted this plan had
gone before staff for some time and initially this was going to be townhomes. He noted
they had some size constraints, which did not allow them to be very creative.
Mr. Laden asked if they would be open to th e possibility of provi ding a sidewalk through
Street A. Mr. Olson replied he would br ing this up to the de veloper (23 LLC) for
consideration.
Mr. Tralle asked if there were any other developments 23 LLC has done anywhere else.
Mr. Olson responded this was the first devel opment for 23 LLC, but some of the partners
in 23 LLC were also the pa rtners for Clearwater Creek.
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August 10, 2005
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APPROVED MINUTES
Chair Rafferty stated it would have been nice if they would have presented options at the
neighborhood meeting. Mr. Ols on stated he was not at th e neighborhood meeting, so he
did not know what was presented.
Quinn Bergman, 990 Lois Lane, he asked the Boar d to addressed the fact that there were
no plans to improve Lake Drive and to take into consider th e amount of traffic increase.
He stated it was an inconvenience for him to get into his neighborhood at this time and
did not believe people would not use Lois Lane as an access. He asked the Board to not
approve this until a decision was made about Lake Drive. He indicated this was already a
high density area with respect to traffic.
Tom Weirns, 1015 Lois Lane, stated he had bought his land 22 years ago and he lived
there because he wanted to not because he had to. He realized this had to be developed
and requested this be developed properly with nice size home and lots and to leave Lois
Lane the way it was and to not connect Lois La ne to this development. He stated he
wanted to preserve what he had. He asked them to keep the two neighborhoods
completely separate.
Ray Radtke, 860 James Street, st ated James Street also had a lot of traffic going down it
on a Friday night.
Mr. Hyden made a MOTION to close the pub lic hearing at 8:48 p.m. and was supported
by Mr. Pogalz. Motion carried 6-0.
Mr. Hyden asked if this was currently zoned R1X. Mr. Smyser explained the zoning in
this area, noting it was zoned RX and Rural.
Mr. Root stated he believed there were some open issues including traffic. He requested
an analysis at both Lois Lane the way it sits now and with the proposed Street A. He
asked for the traffic counts at peak time. He stated until they understood better what
Anoka County was going to do with the inters ection and Lake Drive, he was not sure he
could vote on this tonight. He noted the de veloper was also not in attendance and he had
some questions for the developer such as ha ving all of the properties complying with the
R1X zoning. He stated he also wanted to know if the develope r would be willing to
install sidewalks. He indicated because of these open issues, he wanted to see these
answered first prior to voting.
Mr. Bengston stated they had done a traffic st udy and he would provide this to the Board
members. He noted there was no scientif ic basis for determining how many people
would use Lois Lane as an access. He noted the traffic study had been reviewed by the
City Engineer and they had approved this.
Mr. Root stated he wanted to see the details of the traffic counts, the peak times, and the
Lois Lane traffic also, as well as James Stre et and Vicky Street. Mr. Bengston responded
he would get them copies to review.
Planning & Zoning Board
August 10, 2005
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APPROVED MINUTES
Chair Rafferty stated he believed it would be inappropriate to approve this tonight until
he had a better understanding as to what was going on with Lake Drive.
Mr. Tralle noted he lived on the north side of the City and he knew about the traffic
problems in this area. He indicated every Fr iday night he fights the traffic and the only
way they were going to alleviate this probl em was for the residents to “bug” Anoka
County about putting in a stop light at Lake Drive and Main St reet. He stated connecting
Lois Lane and Street A was important to keep traffic flowing and allow emergency
access and as P & Z members, they needed to make sure they did not create pockets
where there was insufficient access. He stated he could not approve this tonight because
of the unanswered questions.
Mr. Nelson agreed with Mr. Tr alle to not dead end Lois Lane. He recommended Lois
Lane be connected to Street A. He reque sted staff follow up with Anoka County as to
their plans for Lake Drive and would they line up Vicky Lane as a part of this
development. He stated he did not k now how requiring sidewalks in this new
development would improve the traffic or pedestrian traffi c on Lois Lane.
Mr. Pogalz stated he also agreed with the previous comments made. He noted traffic
studies were difficult to unders tand and did not always make sense. He indicated these
studies were not the perfect an swer, but to not connect Street A to Lois Lane would be a
huge mistake and they needed to have this access. He stated he understood their concerns
about the additional traffic and the safety of their children, but the developer had the right
to develop his property. He noted the proposed density was pretty good considering they
were originally going to propos e a townhouse development. He agreed this development
had a ways to go from his point and they we re doing the best th ey could with their
options. He stated they were not going to vot e for this tonight and the developer had to
show up to answer their questions. He stat ed the Board would do everything they could
for the existing neighborhood.
Mr. Hyden stated he would like to see this development be more harmonious with the
existing neighborhood, which meant having bigger lots and fewer homes. He noted
development was inevitable, but they needed to plan a good development. He indicated
there were things about this development that were very good, but they had a ways to go.
He stated infrastructure w ould not happen until it got bad. He believed Anoka County
did not have any plans until they saw that things were really bad and it would take a lot of
public pressure on the County Commissioners to get anything done. He noted this was
unfortunate, but that was the way the system worked.
Mr. Pogalz asked what was the timeline on th is application. Mr. Bengston replied the
application came in July, 2005 and they had 120-da ys to make a decision, so tabling this
would not be an issue.
Mr. Laden made a MOTION to table the Rezo ne to R-1 and GB, Preliminary Plat and
MUSA Allocation, Pine Glen, 7930 Lake Dr ive and was supported by Mr. Tralle.
Motion carried 6-0.
Chair Rafferty recessed the meeting at 9:13 p.m . and reconvened the meeting at 9:22 p.m.
Planning & Zoning Board
August 10, 2005
Page 12
APPROVED MINUTES
E. CONTINUED PUBLIC HEARING to Amend Sign Ordinance text to address
temporary signage and additional wall signs
Chair Rafferty continued the publ ic hearing at 9:23 p.m.
Staff stated the Planning & Zoning opened the public hearing fo r the sign ordinance
amendments at the July 13 meeting. The disc ussion raised a number of questions. Staff
has reviewed the draft ordina nce and made revisions.
The Boardmembers reviewed the revisions a nd made various comments and suggestions.
Chair Rafferty invited anyone for or agai nst this proposal to make comment.
There were no comments made.
Mr. Pogalz made a MOTION to close the pub lic hearing at 9:46 p.m. and was supported
by Mr. Tralle. Motion carried 6-0.
Mr. Hyden made a MOTION to recommend ap proving the amended Sign Ordinance text
to address temporary signage and additional walls signs with the changes made and
forward this onto City Council and was s upported by Mr. Pogalz. Motion carried 6-0.
F. PUBLIC HEARING to Amend the Zoning Or dinance to address metal panels on
commercial buildings
Chair Rafferty opened the pub lic hearing at 9:49 p.m.
Staff stated the zoning ordinance includes re quirements for exterior building material.
The existing text imposes only minimal restri ctions on building materials for commercial,
industrial, and institutional bui ldings. The community standa rds regarding the quality of
buildings have changed over time. Specifica lly, metal-skinned buildings that are or
resemble pole barns no longer are acceptable. Th is type of construction is appropriate for
agricultural uses or storage in rural areas. It is not acceptable for new commercial,
industrial, or institut ional structures.
Staff recommended approving the proposed amendments to the zoning ordinance.
Mr. Root stated he believed this was too re strictive in an indust rial park area.
Chair Rafferty asked if the metal was not structural, but it was allowable to add metal to
the outside of an existing wall. Mr. Smyser replied that was correct.
Mr. Root asked if two pieces of metal would be allowed. Mr. Smyser stated if it looked
like a pole barn, it would not be allowed, even if they put something “pretty” on the
outside.
Chair Rafferty invited anyone for or agai nst this proposal to make comment.
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August 10, 2005
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APPROVED MINUTES
There were no public comments made.
Mr. Hyden made a MOTION to close the public hearing at 10:00 p.m. and was supported
by Mr. Pogalz. Motion carried 6-0.
Mr. Root stated he agreed with having no me tal pole barns, but he believed they were
being too restrictive, which would discourage businesses from coming into the City and
he would be voting against this.
Mr. Laden asked if this was eliminating pol e barns throughout the City. Mr. Smyser
replied this would only eliminate pole barns in industrial, commercial, and institutional
buildings. He indicate d private residences would still be allowed to construct pole barns
as long as they followed the current ordinances.
Chair Rafferty stated he did not believe the City had enough la nd left to worry about this,
but he appreciated staff was trying to address this.
Mr. Laden asked if decorative metal panels we re allowed. Mr. Smyser replied they were.
Mr. Pogalz made a MOTION to recommend amending the Zoning Ordinance to address
metal panels on commercial buildings and was supported by Mr. Hyden. Motion carried
5-1 (Mr. Root opposed).
VI. DISCUSSION ITEMS
A. VILLAGE OF HARDWOOD CREEK DEVELOPMENT UPDATE (I-35E
CORRIDOR) & SCHEDULE SPECIAL MEETING DATE
Staff stated it is likely they will receive an application to amend the comprehensive plan
to provide for the development of 360 acres in the I-35E corridor. Th is project will be
large and somewhat complex. Staff anticipates it will be necessary to hold an additional,
special P&Z meeting devoted excl usively to this project.
The application likely will be considered at the normal September 14 meeting. Staff is
requesting the P&Z members consider a special meeting on Tuesday, September 27.
Mr. Laden stated he could not make the September 27 meeting, but he would be in
attendance at the regular meeting.
B. REQUIRING SIDEWALKS IN SUBDIVISIONS
Mr. Root suggested they postpone this to a future meeting.
C. AUAR UPDATE
Mr. Smyser gave an AUAR update to the Board.
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August 10, 2005
Page 14
APPROVED MINUTES
D. MEETING RULES
Staff stated at the last mee ting, the question arose regardi ng adopting rules of conduct for
public hearing. Staff contacted the City of Hugo and receiv ed information. These rules
are presented as information for consideration only.
VII. ADJOURNMENT
Mr. Tralle made a MOTION to adjourn the meeting at 10:18 p.m., and was supported by
Mr. Root. Motion carried 6-0.
Respectfully submitted,
Kathy Altman, Recording Secretary
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