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
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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.
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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
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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.
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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.
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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.
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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
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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
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