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HomeMy WebLinkAbout12/08/2004 P&Z Minutes CITY OF L I NO LAKE S PLANNING & Z O NING BOARD MINUT E S DATE : December 8, 2004 TIME STARTED : 6:34 P.M. TIME ENDED : 8:00 P.M. MEMBERS PRESENT : Hyden, Laden, Pogalz, Rafferty, and Tralle. MEMBERS ABSENT : Root. STAFF PRESENT : Jeff S m yser; Jam es Studenski; and Paul Be ngtson I. CAL L TO ORDE R AND ROL L CAL L Chair Rafferty called the Lino Lakes Planning and Zoning Boar d m eeting to order at 6:34 p.m ., Dece mber 8, 2004. II. APPROVAL OF AGENDA The agenda was approved. III. APPROVAL OF MINUTES: NO VEMBER 10, 2004 Chair Rafferty requested the follo wing correction: Page 12, 8 th paragraph, delete the words “prio r to” and in se rt th e word “a t”. Mr. Hyden m a de a MOTION approve the N ovember 10, 2004 Minutes as am ended and was supported by Mr. L a den. Motion carried 4-0. IV. OPEN MIKE Chair Rafferty declared open m i ke open at 6:37 p.m . There was no one present for Open Mike Mr. Tralle m a de a MOTION to close Open Mi ke at 6:38 p.m., and was supported by Mr. Pogalz. Motion carried 4-0. V. ACTION I TEMS APPR OVE D MINUTE S Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 2 APPROVED MINUTES A. Final Plat for Miller’s Crossroads 2 nd Addition, Bruggeman Properties, SE corner of Birch St. and Hodgson Rd. Staff stated the City Council approved the pre liminary plat for Miller’s Crossroads in September, 2003. The final plat for the firs t phase was approved by the City Council in February, 2004. The final plat conforms to the approved preliminary plat. The City Attorney reviewed the title commitment with the first final plat. The City Engineer is preparing a development agreement for the s econd addition. Conditions of approval have been addressed. The project includes a pha sing plan in four phases 2003 through 2006. Since the first phase did not occur in 2003, th e first two phases were combined in a the first final plat. A trail easement is necessary to include the trails constructed along Birch St. and Hodgson Rd. The trial easement documen t must be submitted to the City prior to City Council approval of th is final plat for the 2 nd Addition. Staff was recommending approval. Applicant, Greg Schlink, stated everything wa s consistent with the plat and he thanked the Planning and Zoning Board for considering this. Mr. Laden asked if banners, streamers, and di rectional signs were allowed in residential areas. Mr. Smyser replied banners were an on-going discussion and staff would look into this. Mr. Laden noted he was not trying to limit th eir ability to market their development. Mr. Pogalz made a MOTION to recommend approving the final plat for Miller’s Crossroads 2 nd Addition and was supported by Mr. Hyden. Motion carried 4-0. B. CONTINUED PUBLIC HEARING for a Conditi onal use Permit and Site Plan Review for Construction of a church, Kingdom Hall of Jehova’s Witnesses, 69XX Lake Drive Chair Rafferty reopened the publ ic hearing at 6:45 p.m. Staff stated this item is being continued from the November 10, 2004 Planning and Zoning Board meeting. Staff is working with th e applicant to address the concerns raised by the Environmental Board, City staff, and those brought up during the public hearing during the last meeting. At this time, sta ff has not received revised plans from the applicant and is recommending that this appl ication be continued to the January 12, 2004 meeting to allow enough time for the submittal and review of revised plans. Chair Rafferty noted this would be a conti nuation to at a minimum the January 12, 2004 meeting. Mr. Tralle asked if they have had a nei ghborhood meeting. Mr. Bengtson replied he did not know if the neighborhood m eeting had been held yet. Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 3 APPROVED MINUTES Mr. Pogalz asked if a church as appropriate in this resident ial area. Mr. Bengtson replied a church was an appropriate use, but it w ould be up to the Council and this Board to determine if it was appropriate in a residential area. William Loss, 6956 Lake Drive, stated he w ould rather see some homes built on those lots because of traffic concerns and no connect ions to water and sewer. He stated he was not in favor of this development. Carol Stanek, 6970 Lake Drive, stated previous ly the owner had wanted to get those lots split and the City would not allow that so that was the reason this was being sold as one lot. She stated it was her understanding that th e City did not want to run utilities to the residential homes. She wondered why it woul d be okay to put sewer and water in for a small church, where it would not be okay to do this for two residential homes. She expressed concern about the safety in the pa rking lot and the lights being on all of the time if there was a safety incident. Mr. Smys er replied there were many areas in the City where utility extensions coul d be put in, but the assessm ent that would be put on a residential area was very expensive and many residents did not want to pay for the assessment and the City could not make a resident put in utilities. He stated that was the reason that they did not allow a lot split. He noted the Church would be charged an assessment for utilities and they were a larger user so they were more able to afford the assessment cost. He stated a church was allowed in this area with a Conditional Use Permit. Ms. Stanek noted if utilities were unaffordable as one lot, they would be unaffordable as two lots. Mr. Smyser replied there were tw o lots out there now and one of those lots were being sold to the church. He noted there was no subdivision. Ms. Stanek asked why was the subdivision no t allowed. Mr. Smyser replied it was very difficult to bring utilities to the residential area. Mr. Pogalz asked if the plan was for the Church to put in a septic system and well. Mr. Smyser replied that was correct. Dave Knutson, 38 West Golden Lake Road, Ci rcle Pines, stated he represented the congregation that was purchasi ng the lot. He stated they were still waiting on the County’s review and approval, bu t he would be getting everything into them in the next few days. He stated he had left a message for the Stanek’s, but they have not been able to connect yet. He stated they wanted to be as good of a ne ighbor as they could and the light issue was a concern. He stated the lights would be on a motion sensor and they would not be on all night. Mr. Laden stated one of the concerns was the size of the parking lot. He asked if the parking lot could be reduced. Mr. Knuts on replied he understood they had one excess parking space. Mr. Bengtson replied in his re port he talked about how th e setbacks were not in the ordinance, but the actual parking requirem ents had to be met whether it was in a Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 4 APPROVED MINUTES residential or commercial area. He stated the only way they would have a smaller parking lot, was by granting of a variance. Mr. Knutson replied the maximum capacity of the building was 170 and there were 59 parking spots. Chair Rafferty asked for clarificati on on the lights for the next meeting. Mr. Hyden encouraged Mr. Knutson to have the neighborhood meeting. Rosemary Storberg, 6978 Lake Drive, stated sh e has lived in the City for 25 years. She stated the lot they were ta king about was 200 feet wide by 800 feet long. She indicated only half of the lot was buildable and asked if they had contacted the Watershed District. Chair Rafferty replied if the Watershed Distri ct said this could not happen, it would not happen. He stated this was being worked on and this development would need to have Watershed District approval. Ms. Storberg expressed concern about the Chur ch using a septic system with 75 people using it. She stated what eventually w ould happen is that the lake and neighboring properties would be contaminated and then the residents would be forced to put in utilities. Chair Rafferty stated he firmly believed the City Engineer would not allow something to be put in that would not work. Ms. Storberg stated septic systems tended to jam up and that was the reason that Shirley Kayes and the funeral home had to put in sewe r. She stated the church could go 300 feet up the road next to the mortuary, which w ould be a better loca tion for a Church. Chair Rafferty asked if she owned that lo t. Ms. Storberg replied she did not. Chair Rafferty stated the City staff woul d make sure everything worked on this development before it was approved. Ms. Storberg replied she was not against this Church, but it was bei ng put into the wrong location. Chair Rafferty stated there were re gulations that allowed a Church in this location. Ms. Storberg asked if they knew that part of that property on La ke Drive was owned by the State and when Mr. Hanson was going to sell the property, they were going to take an extra 25 feet for widening of Lake Drive. Chair Rafferty stated State, County, and Watershed District would all need to be aw are of this development and the staff would make sure this was verified. Ms. Storberg stated if the Church was havi ng meetings, there would be noise from people flying their Seaplanes and repairing them at the Sea Base and she wanted the Church to be aware of this noise issue. Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 5 APPROVED MINUTES Mr. Bengtson stated he did not have the plans with him, but he would get Ms. Storberg the information she wants if she would leave a phone number. Ms. St orberg replied they could give her this information at the next meeting. Chair Rafferty stated there were guidelines a nd things that had to be followed by the City staff and these were the things that st aff and the Board had to deal with. Ms. Storberg stated the main concern was c ontamination from the Church septic system and the residents being forced to hook up to the utilities without being given an option. Mr. Knutson stated this church would not have a daycare or school and the building would probably be used only 5 or 6 hours a w eek. He stated there would be very light usage of the building. He noted they did not even have garbage removal because someone took the garbage home with them for disposal. Chair Rafferty noted the neighbors were bringing up very valid concer ns and those concerns needed to be acknowledged and worked with. Mr. Knutson replied they could not build a church on commercial property and therefore they could not move 300 feet down the roa d. Ms. Storberg rep lied the lot could be rezoned. Mr. Pogalz made a MOTION to Continue the public hear ing to the January 12, 2004 Planning and Zoning Board Meeting and was supported by Mr. Tralle. Motion carried 4- 0. C. CONTINUED PUBLIC HEARING for a Prelim inary Plat for a 5-lot residential development named Vaughan Addition, Michael Vaughan, 600 Birch Street Chair Rafferty reopened the publ ic hearing at 7:18 p.m. Staff stated applicant had re quested approval of a five lo t single-family residential subdivision entitled Vaughan Addition. The subj ect property is located on the south side of Birch Street approximately 2,180 feet east of Ware Road. The comprehensive plan guides the site for low-density sewered resident ial use and it is zoned R-1. The site is also within the existing MU SA. This item was continued from the November 10, 2004 Planning and Zoning meeting to allow the appl icant time to meet with the neighbors and for them to work with staff to examine the possibility of providing a road stub for the future development of the property to the west. Staff presented its analysis and recomm ended approval subject to the following conditions: 1. Right of access shall be de dicated to Anoka County al ong Birch Street on the final plat. 2. The project must apply for a permit from the Rice Creek Watershed District prior to final approval by the City Council. 3. Issues discussed in the C ity Engineer review memo must be addressed to his satisfaction. Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 6 APPROVED MINUTES 4. The project must obtain a permit from Anoka county for any work in the Birch Street right-of-way. 5. Prior to approval of the final plat documentation must be submitted depicting conformance to the minimum 50-foot setback of drainage ponds to existing wells. 6. Park dedication fee shall be paid according to city policy. 7. Existing buildings on the site shall be removed. Mr. Pogalz asked if the 8 lots that were fr eed up because of the Pheasant Hills Island not taking place. Mr. Smyser replied they still ha d the right to build Pheasant Hills Island. Mr. Pogalz asked if this went forward would the property to the west be able to put in an access. Mr. Bengtson stated they had to have access to their site a nd the City would need to provide an access. Mr. Pogalz asked if the City was suggesting two cul-de-sacs. Mr. Bengtson stated he had received comments from Anoka County that th ey required a right turn access to the cul- de-sac, with this becoming a right-in, right-out only access at some point in the future. Ron Miller, 597 Chippewa Trail, stated they had a meeting on Monday with Mr. Vaughan and they had some major concerns with this proposal. He stated this was a privacy issue with his propert y because the houses would be too close to his backyard. He expressed concern about overdeveloping this area and with the increase in the traffic. He stated new homes were not selling in the ar ea and to put more in, did not make sense. He presented a Quad Community Press article talking about being stuck in traffic on Birch Street and the homes be ing too close to Birch. He stated the City should be concerned about their open space. He stat ed many neighbors felt their voices would not be heard and that was the reason they were not at tonight’s meeting. He expressed concern about the City being overdeveloped. Mike Olson, 593 Chippewa Trail, stated he was in attendance at the meeting on Monday night and he was concerned about the lower wa ter table and the drainage. He stated he has had water in his yard before. He expres sed concern about contamination of the wells to the south. He asked if there was c ontamination of the wells because of this development, who would be responsible for it. He stated it would be ni ce to have four or maybe three houses in this development to pres erve some of the woods. He stated he has lived in the City for ten years. Mr. Tralle made a MOTION to close the pub lic hearing at 7:39 p.m. and was supported by Mr. Pogalz. Motion carried 4-0. Mike Vaughan, 600 Birch Street, stated he had attempted to address the neighborhood’s concerns at the neighborhood meeting. He st ated he understood their concerns with drainage and they would be putting in water gardens. Mr. Laden stated if it turned out if this piece of property was only suitable for 4 lots, would it still be developed. Mr. Vaughan replied he would like to keep it at five lots, but it would not be feasible at 4 lo ts. He stated they could put in up to seven lots, but that would be a tight fit. Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 7 APPROVED MINUTES Chair Rafferty asked for an explanation of a rain garden. Mr. Stude nski replied a rain garden was not the sole stormwater entity th at would address the concerns. He stated there would still be ponding put in. He stated rain gardens were a way of incorporating restoration, plantings, etc. He noted it was not a typical wet pond. Chair Rafferty asked if Mr. Vaughan was in agreement with staff’s conditions. Mr. Studenski stated they would be required to meet Anoka County requirements and the County was requiring a turn lane be put in. John Donovan, 7200 Hemlock Lane, Maple Grove, Loucks Associates, applicant’s engineer, stated he had receive d the conditions and they were in agreement with them, as well as the requirement for a turn lane requi red by Anoka County. He stated rainwater gardens were encouraged by the Rice Creek Wa tershed District. He stated they would use more of the native grasses in the water ga rden. Mr. Tralle encouraged him to not use a lower standard native grasses. Mr. Donovan replied he would ta ke Mr. Tralle’s advice and th ey would also work with the Rice Creek Watershed District on this. He stated this would be a nice, visible area, with a variety of native grasses. Chair Rafferty asked if they were trying to save trees. Mr. Bengtson replied there was a tree preservation plan and applicant was usi ng retaining walls to attempt to preserve substantial trees. Chair Rafferty asked what was the majority of the species of trees being preserved. Mr. Donovan replied the majority of the trees would be oak. Chair Rafferty asked if construction got within a certain range of the trees, they would die. Mr. Donovan replied typica lly if they graded within the canopy of the trees, there was less chance of survival, but it was possibl e to grade within the canopy and the tree still survive. He stated all of the lots w ould be custom built and they would preserve as many trees as possible. Mr. Tralle made a MOTION to recommend approving the Pre liminary Plat for a 5-lot residential development named Vaughan Add ition, subject to the seven conditions as noted in staff’s December 8, 2004 report and adding a condition 8 to read: Installation of a right turn lane. Motion failed for a lack of a second. Mr. Laden made a MOTION to re commend denial based on the belief that the design was not in the best interest of the City at this time. Motion failed for a lack of a second. Mr. Tralle made a MOTION to recommend approving the Pre liminary Plat for a 5-lot residential development named Vaughan Add ition, subject to the seven conditions as noted in staff’s December 8, 2004 report and was supported by Mr. Hyden. Motion carried 3-2 (Laden and Pogalz). VI. DISCUSSION ITEMS Pl anni ng & Zo ni n g B o ar d Decem ber 8, 2004 Page 8 APPROVED MINUTES None. VII. ADJOURNMENT Mr. Tralle made a MOTION to adjourn the meeting at 8:00 p.m., and was supported by Mr. Laden. Motion carried 4-0. Respectfully submitted, Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc .