HomeMy WebLinkAbout06/09/2004 P&Z Minutes
CITY OF L I NO LAKE S
PLANNING & Z O NING BOARD MINUT E S
APPR OVE D MINUTE S
I. CAL L TO ORDE R AND ROL L CAL L
Chair Schaps called the Lino Lakes Planning and Zoning Board m eeting to order at 6:46
p.m ., June 9, 2004.
II. APPROVAL OF AGENDA
Chair Schaps noted they would be taking the ac tion item s in the following order: B, C ,
A.
III. APPROVAL OF MINUTES: MAY 12, 2004
Mr. Tralle m a de a MOTION approve th e May 12, 2004 Minutes and w a s supported by
Mr. Rafferty. Motion carried 6-0-1 (Ms. Lane abstained).
IV. OPEN MIKE
Chair Schaps declared open m i ke open at 6:49 p.m.
There was no one present for Open Mike
Ms. Lane made a MOTION to close Open Mike at 6:50 p.m ., and was supported by Mr.
Rafferty. Motion carried 6-0.
V. ACTION I TEMS
A. PUBLI C HEARI NG, for Conditional Use Permit/Planned Unit
Development/Preliminary Plat for Marshan Townhomes 2 nd Addition, a 23-unit
DATE : June 9, 2004
TIME STARTED : 6:46 P.M.
TIME ENDED : 9:14 P.M.
MEMBERS PRESENT : Hyden, Lane, Pogalz , Rafferty, R oot, Schaps, and
Tralle.
MEMBERS ABS E NT : None.
STAFF PRESENT : Jeff S m yser and James Studenski (arrived at 7:42
p.m.)
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APPROVED MINUTES
medium density residential development, NE corner of Lake Drive and Aqua
Lane
Chair Schaps opened the public hearing at 7:40 p.m.
Staff stated applicant had submitted a request for a conditional use permit for a residential
planned unit development (PUD), and developmen t stage plan (preliminary plat). The
subject site is four acres of property at the northe ast corner of Lake Drive and Aqua Lane,
adjacent to the existing Marshan Lake C ondominiums. A PUD is required for multi-
family development in a shoreland area. Th e applicant withdrew a previous application,
so this is considered a new application. No rezoning or comprehensive plan amendment
is needed or requested. The s ite was rezoned to R-3 earlier this year, making it consistent
with the comprehensive plan.
Staff reviewed their analysis and reco mmended approval subject to the following
conditions:
1. Additional right of way shall be dedicated to Anoka County to total 60 feet from
centerline for Lake Drive (CSAH 23).
2. Right of access shall be dedicated to Anoka County along CSAH 23 on the final
plat.
3. A new landscaping plan shall be submitted with the following changes three
weeks prior to City Council cons ideration of the application:
-change black ash to green ash or a native oak species
-change Austrian pine to red or white spruce
-change Colorado spruce to white spruce
-change autumn applause to northern pin oak
-three spruce at the Aqua Lane corner shall be moved eas t at least 20 feet
4. Exterior building materials must be submitted three weeks prior to City Council
consideration of the application.
5. The project must obtain approval by the Rice Creek Watershed District prior to
City Council considerat ion of the application.
6. The City Engineer’s comments in the June 4, 2004 memo must be met to his
satisfaction.
7. Park dedication be paid.
8. All existing buildings be removed.
9. Septic systems removed and wells capped.
10. Guest parking be installed.
Mr. Pogalz asked if both the buildings located on the prope rty would be removed. Mr.
Smsyer replied all structures on site would be removed.
Mr. Pogalz asked if wells and septic systems would also be removed. Mr. Smyser replied
they would be required to be removed and he would add this as a condition of approval.
Mr. Pogalz stated there was no guest park ing shown and with the narrow road, he
believed guest parking should be required. He recommended expanding the roads to 28
feet, or at a minimum gues t parking being added.
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APPROVED MINUTES
Mr. Pogalz stated he would like units 1-4 be a stub street. He suggested the fourth stub
street north that was currently in the townho mes that were built would need to slightly
skewed to the northeast as the stub street for unit 27.
Mr. Smyser replied in an Urban PUD, there was a minimum 50 percent open space and
they had just barely enough. He stated if they could not meet those requirement, they
might end up losing a unit.
Mr. Root agreed they needed guest parking. He requested staff check with the Fire
Department and/or Police Department re garding emergency access with the narrow
street.
Chair Schaps invited applicant to make comment.
Chair Schaps asked if applicant agreed to all of the condition s. Ron Fuchs, representative
of Hokanson Development, stated they would like further discussion on the park
dedication. He stated the Environmental Review Board had requested excess parking
areas be removed. He noted there were f our parking spaces for each dwelling unit, two
inside the garage and two outside the garage.
Chair Schaps stated four parki ng spaces per unit was not enough.
Mr. Fuchs stated they could evaluate the site where additional spaces could be provided.
Chair Schaps stated guest parking was a necessity and he could not recommend approval
if it was not provided.
Mr. Tralle asked what was the color of the siding on the building. Mr. Fuchs replied it
was a taupe color. He reviewed the remaining color scheme for the Board.
Mr. Tralle asked if all 23 units would l ook the same. Mr. Fuchs replied they would.
Mr. Tralle stated the same co lor units would not be acceptabl e. He recommended at least
four different color variations. Mr. Fuchs re plied they would take that under advisement
and confer with the developer.
Mr. Pogalz stated if they went with the same color, it would make sense to go with
yellow and green to match the existing area.
Mr. Rafferty stated the plan had improved dramatically, but he wa s concerned about the
consistency of the colors. He stated guest parking was a must and impervious surface
was a problem and if necessary, they might need to eliminate a unit. He stated he was in
favor of rotating 1 and 2.
Mr. Root agreed the guest parking was essen tial. Mr. Fuchs replie d they will look into
this with staff as well as review the colo r schemes, but requested a recommendation be
forwarded to the City Council regarding this project.
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APPROVED MINUTES
Chair Schaps added condition number 11 to read use of a four-color scheme variation in
the exterior.
Mr. Pogalz noted applicant would not be able to build for a minimum of six months and
asked if this would be tabled to their next meeting, how w ould this impact them. Mr.
Fuchs replied it came down to time and mone y and by delaying it it ultimately delayed
the decision. He offered to review all of th e conditions with staff and work with them.
He indicated by working with staff it would save time.
Chair Schaps noted he did not see they were going to lose much by continuing this for
one month.
Roger Hokanson, developer, stated they could not lose any more units and if they could
not redesign it in anyway, he could not develop this. He stated they could not keep
spending money on this. He stated he was hoping to get a lot more units when the land
was purchased and now that the City had rest ricted development, they needed the units
they were proposing. He stated changing the colors of the buildings were not an issue,
but by adding more blacktop he did not think the development would work. He stated if
guest parking was held against them, they could not meet the requirements.
Mr. Smyser replied he understood it was the Board’s opinion that as long as they could
add guest parking, they could play with the impervious surface numbers. He stated from
a time standpoint, the probably of going to the City Council with a positive
recommendation was the important issue. He noted by adding guest parking, did not
necessarily mean losing a unit. However, he was comfortable with this being tabled for
one month also.
Mr. Rafferty stated he did not think it would cost Mr. Hokanson that much money to have
this tabled for one month. He noted there was nothing lost or gained by flipping 13, 14
and 15 to the opposite side of the street a nd by shifting 20 and 21 down would impact this
development either. Mr. Hokanson noted the outside units were th e most profitable and
sold the best.
Mr. Rafferty stated there were ways to work with this without eliminating a unit and
stated they would have a much better situat ion at Council if this was continued for one
month to work on the Board’s suggestions. He stated the refinements requested would
assist Council in their decision.
Mr. Hokanson stated if he agreed with Mr. Ra fferty’s suggestions and worked with staff,
could this be approved tonight . Mr. Rafferty replied he be lieved Mr. Hokanson’s verbal
word was good, but it was the Board’s prefer ence to see things in writing.
Mr. Hokanson stated if they redrew it per the Board’s suggestion and worked with staff
on it, why did they have to wait for the next meeting. Chair Schaps stated years ago, that
would have been the procedur e, but now the Board wanted to see the revised plans.
Mr. Tralle stated he was not willing to give the plan a “rubber stamp” and he wanted to
see the plan again at next month’s meeting.
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APPROVED MINUTES
Chair Schaps noted the Board was willing to work on the open space requirement if guest
parking was accommodated for and he suggested he accept the offer of tabling this to
next month’s meeting to address the c oncerns brought up at tonight’s meeting.
Mr. Hokanson stated he would agree to the tabl ing. He pointed out that the park fees had
been previously paid. Chair Schaps stated th ey would need to work out park fees with
staff.
Mr. Pogalz noted four parking spots per home was true in theory, but people also needed
their garage for storage, so more than likel y, there would not be four spots available for
parking. He suggested they remove units 22 and 23 from the existing location, going
over to units 1, 2, 3 and 4 and create a sepa rate stub street creating their own area and
creating either 3-two ho me units or 2-three home units. He noted this might cost more in
asphalt, but what they were saving on the l ong driveways and the utility cost would also
be less. He noted new open space would be created at the southwest corner and
additional green space would be created around units 5, 6, 7, and 8. Mr. Hokanson
replied by following Mr. Pogalz suggestion, they would lose a lot of existing trees.
Mr. Pogalz replied he believed they might lo se a couple of trees and asked them to look
at this proposal.
Jim Crawford, President of Mars han Lake Townhomes, stated he had reviewed and plan.
He stated the townhomes that were along A qua Lane had the rear building facing the
street. He stated this plan would not fit in to the existing area because their development
had the front of their buildings facing Aqua La ne. He noted he did not know if this was a
concern, but believed it would look out of place and it would disrupt the continuity of the
area. He asked if the volume of the water coming off of this development would have an
impact on their pond. He requested this be l ooked at. Mr. Studenski replied this was
incorporated into the development and this would not be a problem.
Mr. Crawford expressed concern about this development parking in their existing guest
parking. He stated extra parking was cr itical in a townhome association.
Mr. Root asked if he had the opportunity to review the landscaping plan. Mr. Crawford
replied he had not seen the landscaping plan.
Mr. Root pointed out that there would be la ndscaping along the back of this development
facing the street and suggested he look at these plans.
Mr. Rafferty made a MOTION to recommend tabling this i ssue and continue the public
hearing to the July 14, 2004 meeting and wa s supported by Mr. Tralle. Motion carried 6-
0.
B. CONTINUED PUBLIC HEARING, for a Rezoning (from R, Rural to R-1X,
Single Family Executive) and Preliminary Plat, as well as MUSA Reserve
Allocation, for Junes Addition, located at 599 – 62 nd Street
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APPROVED MINUTES
Chair Schaps reopened the pub lic hearing at 6:55 p.m.
Dick Thompson, planner for developer, stated applicant is proposing to create three lots
from 6.18 acres located north of 62 nd Street and west of West Shadow Lake Drive in Lino
Lakes. The property currentl y has a home and barn loca ted on proposed Lot 3. Mr.
Junes’ property is zoned as Rural and he proposes the property be zoned Residential
Exclusive (R-1X). Mr. Junes is requesting that sewer and water be supplied to the
proposed Lots 1 and 2.
Mr. Thompson noted the creation of these lots involves the disturbance of approximately
9,771 square feet of wetland. Mr. Junes has prop osed to fill the wetland and relocate the
wetland to the rear portion of Lot 3, where the existing barn is located. The application
has sent this permit request to the Rice Cr eek Watershed District (RCWD). The RCWD
initially denied the request for permit based on Minnesota Rules 8420.0548. However,
the applicant has since been directed by th e RCWD to apply for sequencing flexibility
under WACA, which would allow him to relocate the wetland.
Staff reviewed their analysis and the e ngineering recommendations as follows:
1. The Developer is to be aware that the City of Lino Lakes is currently
reconstructing 62 nd Street. Prior to final approval of the Site Plans, the Grading
Plan must show the changes that the st reet project will cause to each of the
proposed three lots.
2. Prior to final City approval of the Site and Grading Plans, the Plans need to show
that Lino Lakes City Engineering Standard s are being followed. That is, a detail
Site and Grading Plan will need to be submitted before final approval is given.
3. Approval of the preliminary plat wi ll be contingent upon the review and
consequent approval of the City Engineer . Drainage and utility easements along
property lines will be required. Easement s over designated wetlands will also be
required.
4. Copies to the City of the Rice Creek Wa tershed District permit approval process.
5. The homes to be constructed must follow City of Lino Lakes design flood
elevations. For this loca tion, the design 100-year flood elevation to be used is
894.2. The emergency overflow elevation to be used is 895.3. Thus, City
requirements are as follows: low floor/b asement elevation must be two (2) feet
above the 100-year flood elevations, lo w floor/basement must be one (1) foot
above the emergency overflow elevation and the low floor/basement elevation
must be four (4) feet above the gr oundwater or normal ponding elevation.
Staff recommended approval of the rezoning fr om Rural to Residential Executive (R-1X),
MUSA capacity be allocated for this parcel, the project shall not be final platted until
2005 to comply with the City’s growth management policy, and the preliminary plat be
approved subject to th e following conditions:
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APPROVED MINUTES
1. Issuance of the sequencing permit by the RCWD, based on Application No.
03-090.
2. That relocating the wetl and will not adversely aff ect neighboring properties.
3. That location of propos ed driveways be shown.
4. That appropriate park fees are provided.
5. That the City Engineer’s r ecommendations be included in these
recommendations.
Chair Schaps invited applicant to make comment.
Chair Schaps questioned if the Rice Creek Wa tershed would be approving this and asked
if they were approving this t oo soon. He noted this was a big leap to assume this was
going to be approved.
Mr. Rafferty asked if this would not be pr esented until 2005. Mr. Smyser replied that
was correct.
Mr. Root stated there were a lot of conditions and he believed it put a lot of burdens on
the staff to make sure the contingencies we re complied with and he believed this was
something they should be dealing with.
Mr. Pogalz asked if the original request wa s denied as presented. Mr. Thompson replied
that was correct.
Mr. Pogalz stated it was his understanding a pplicant was now proceeding with the Rice
Creek Watershed District’s suggestions. Mr . Thompson replied he believed that was
accurate.
Mr. Pogalz asked if this was a good time fo r the applicant to get a stub now to the
utilities. Mr. Thompson repl ied with the road repair taking place now, this was an
appropriate time to obtain a stub.
Mr. Pogalz stated he did not wa nt to miss the applicant’s to have the opportunity to put in
a stub at this time and end up tearing up a newl y constructed road in the next couple of
year.
Tim Macki, applicant’s engineer and surveyor, stated they ne ver got denied from the Rice
Creek Watershed District initially. He st ated they were in discussion with Carl
Hammers, which pushed their plans back, a nd this was tabled by the District pending
receipt by the various information they required.
Chair Schaps asked where would they be a month from now with respect to Rice Creek
Watershed District. Mr. Macki replied he anticipated they woul d have their permit.
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APPROVED MINUTES
Mr. Thompson clarified the Rice Creek Wa tershed District’s initial decision.
Mr. Smyser noted it appeared they did get initial approval from the Rice Creek
Watershed District.
Chair Schaps noted it appeared that items 3A and B had now been satisfied.
Marvin Emily, 590 62 nd Street, stated he was opposed to the filling in wetlands, but he
was not opposed to his neighbors building on thei r property. He stated they needed to
take care of the drainage problems before they take any more wetlands.
Chair Schaps noted this had been approved by the Rice Creek Watershed District and this
Board were not engineering e xperts and had to rely on the experts who are saying this
would not create any additional drainage problems.
Wayne Junes, applicant, presented some photogr aphs to the Board as to what would be
removed. He stated he did not believe there would be a drainage issue.
Mr. Tralle asked if he was sure there was going to be culverts there. Mr. Junes stated he
believed the road development w ould need to put in culverts.
Mr. Smyser replied he did not have the engine ering drawings before him, but the street
standards was that you could not make water flow off your property to another property
and these things were taken into account as the Engineer’s reviewed the project.
Mr. Rafferty asked where the drainage ditch was located. Mr. Junes pointed out on the
map where the ditch was going.
Ms. Lane made a MOTION to close the public hearing at 7:26 p.m. and was supported by
Mr. Pogalz. Motion carried 6-0.
Mr. Rafferty asked for clarification on items 3A and 3B. Chair Schaps replied the Rice
Creek Watershed District had issued a Cap Roc, which was a preliminary approval and
there was no need to table this, bu t it would still remain a condition.
Mr. Root asked if the remain ing conditions, except for A and B, were not too burdensome
on staff that they get complete d prior to this going to Counc il. Mr. Smyser replied most
of the conditions were standard conditions, which would not additional burden to staff’s
time.
Mr. Rafferty made a MOTION to recommend rezoning from Rural to Residential
Executive (R-1X) approval and was suppor ted by Mr. Hyden. Motion carried 6-0.
Ms. Lane made a MOTION to recommend that MUSA capacity be allocated for this
parcel and was supported by Mr. Ra fferty. Motion carried 6-0.
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APPROVED MINUTES
Mr. Rafferty made a MOTION to recommend the preliminary pl at be approved subject to
the conditions as noted in staff’s June 9, 2004 report, including conditions added at
tonight’s meeting and was supported by Mr. Pogalz. Motion carried 6-0.
Mr. Smyser stated this would to go the City Council on July 12, 2004.
C. CONTINUED PUBLIC HEARING, for a Rezoning (from R, Rural to R-1X,
Single Family Executive) and Preliminary Plat, as well as MUSA Reserve
Allocation, for West Shadow Ponds 2 nd Addition, located at 607 – 62 nd Street
Chair Schaps reopened the pub lic hearing at 7:33 p.m.
Mr. Thompson stated applicant had submitted an application to subdivide an existing lot
into two lots. This will require a rezoning from Rural to R-1X, a preliminary plat, and
the allocation of 0.74 acres of MUSA reserve. The site is guided for Low Density
Sewered Residential land use and is with in the Stage 1 (pre -2010) growth area.
Mr. Thompson indicated the proj ect involves filling some we tland to create build able
area for one of the proposed lots. Filli ng a wetland needs approval of the wetland
mitigation from the Rice Creek Watershed District. The applicant has revised his
proposal to minimize wetland fill to 394 square feet, which qualifies as a de minimus
wetland fill.
Mr. Thompson noted the notification of a pub lic hearing was published and mailed to
surrounding property owners. The Planning and Zoning Commission opened the public
hearing and continued it to the June 9, 2004 meeting. Reconstruction of 62 nd Street will
occur this summer. Sanitary sewer and water will be extended west from the intersection
with West Shadow Lake Drive to serve this property.
Staff reviewed the engineer’s recommendations, which included:
1. The developer is to be aware that the C ity of Lino Lakes is cu rrently reconstructing
62 nd Street. Prior to final appr oval of the Site Plans, the Grading Plan must show the
changes that the street project with cause to each of the proposed lots.
2. Prior to final City approval of the Site and Grading Plans, the Plans needed to show
that Lino Lakes City Engineering Standards are being followed. That is, a detail Site
and Grading Plan will need to be submitted for before final approval is given.
3. Approval of the preliminary plat will be contingent upon the review and consequent
approval of the City Engineer. Drainage and utility easements along property lines
will be required. Easements over designa ted wetlands will also be required.
4. The homes to be constructed must follow C ity of Lino Lakes design flood elevations.
For this location, the design 100-year fl ood elevation to be used is 894.2. The
emergency over flow elevation to be used is 895.3. Thus, City requirements are as
follows: Low floor/basement elevation must be two (2) feet above the 100-year flood
elevation, low floor/basement must be one (1) foot above the emergency overflow
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APPROVED MINUTES
elevation and the low floor/basement elev ation must be four (4) feet above the
groundwater or normal ponding elevation.
Staff reviewed their analysis and reco mmended approval subject to the following
conditions:
1. That driveway access for Lot 2 is determined.
2. That RCWD approval for the de minimus wetland fill be approved.
3. The easement around the wetland must include additional buffer as
proposed by the applicant. Wetland a nd buffer areas are to be identified
with signs saying no fill, cutting, or dumping. Native seed mix from the
City’s list is to be used in these areas.
4. The project shall not be final platte d until 2005 to comply with the City’s
growth management policy.
5. The subject property be rez oned rural to residential.
6. That MUSA be allocated for this parcel.
7. The City’s engineer’s comments must be addressed to his satisfaction.
8. The park dedication be paid.
Mr. Rafferty asked if the driveway would enter 62 nd . Mr. Thompson replied that was
correct.
Chair Schaps invited applicant to make comment.
Mr. Matke, representative of applicant, st ated the wetland on the eas t side would preclude
and access, so the access would be on 62 nd . He requested the driveways be put on the
high side of the lot.
Mr. Pogalz made a MOTION to recommend closing the public hearing at 7:39 p.m. and
was supported by Mr. Rafferty. Motion carried 6-0.
Mr. Tralle made a MOTION to recommend approval of the rezoning from Rural to R-1X
and was supported by Mr. Poga lz. Motion carried 6-0.
Mr. Tralle made a MOTION to recommend approval of the MUSA reallocation and was
supported by Ms. Lane. Motion carried 6-0.
Mr. Tralle made a MOTION to recommend the preliminary plat subject to the conditions
as noted in staff’s June 9, 2004 report and th e conditions added at tonight’s meeting and
was supported by Mr. Rafferty. Motion carried 6-0.
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APPROVED MINUTES
D. ELECT CHAIR AND VICE-CHAIR FOR REMAINDER OF 2004
Staff stated due to the resigna tion of Chair Schaps, the Board needed to elect a new chair
and vice-chair for th e remainder of 2004.
Mr. Pogalz nominated Mr. Raffe rty to move from the Vice Chair position to the Chair
position.
Mr. Hyden nominated Mr. Tralle as Chair.
Ms. Lane suggested the person who did not make Chair became the Vice Chair.
Mr. Hyden stated the Chair was a lot of work and a lot of commitment.
Mr. Rafferty stated the current Chair’s positi on would be difficult to fill. He thanked
Chair Schaps for his service and acknowledge d this would require a lot of commitment
and hoped he could fill the Chair position adequately.
Mr. Tralle stated he agreed with Mr. Rafferty. He stated what he brought to the Board
was extensive experience in running mee tings through his Church and union meetings.
A closed ballot was conducted.
Chair Schaps announced that Mr. Rafferty wa s elected as Chair and Mr. Tralle was
elected as Vice Chair.
Chair Schaps congratulated the new Chai r and Vice Chair and wished them luck.
Mr. Smyser thanked Chair Schaps for all of his hard work and he was sorry to see him
go. He stated he led the Board in a directi on that he believed it needed to be lead.
Chair Schaps thanked the City for this oppor tunity. He noted the City was a truly
beautiful community. He stated he had the honor to serve with a number of great people
in the City including the Mayors, Councils, and staff. He stated the City has had great
Boardmembers throughout the ye ars and thanked them for thei r service to the City. He
indicated he was leaving the City at a time of great strength. He thanked the citizens for
all of their input over the years. He wished everyone luck in the future.
VI. DISCUSSION ITEMS
A. REMINDER OF SPECIAL MEETING TO DISCUSS SIGNAGE: JUNE 16,
2004.
Mr. Smyser reminded the Commission of the June 16, 2004 meting to discuss signage.
He stated no action would be taken at that meeting, it would only be a discussion to
discuss signage. He indicated the 30 to 40 business owners had been notified of this
meeting.
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APPROVED MINUTES
VII. ADJOURNMENT
Ms. Lane made a MOTION to adjourn the meeting at 9:14 p.m., and was supported by
Mr. Tralle. Motion carried 6-0.
Respectfully submitted,
Kathy Altman, Recording Secretary
TimeSaver Off Site Secretarial, Inc .