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HomeMy WebLinkAbout07/12/2006 P&Z Packet• CITY OF LINO LAKES • • PLANNING & ZONING BOARD MEETING Wednesday, July 12, 2006 6:30 p.m. City Council Chambers (scheduled to be televised on Ch. 16) AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: June 14, 2006 IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING for a Conditional Use Permit to allow a residential dog kennel at 575 Ash Street — Paul Bengtson VI. DISCUSSION ITEMS A. Meeting Rules B. Comprehensive Plan Update Process VII. ADJOURN • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT . MEMBERS ABSENT . STAFF PRESENT June 14, 2006 6:30 P.M. 8:22 P.M. Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Michael Root and Paul Tralle (Chair) None Paul Bengtson, Jeff Smyser, & Tom Prew (TKDA) I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 p.m., June 14, 2006. II. APPROVAL OF AGENDA The agenda was approved. III. APPROVAL OF MINUTES: May 10, 2006 Mr. Hyden made a MOTION to approve the May 10, 2006 Minutes as presented and was supported by Mr. Rafferty. Motion carried 6 -0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Rafferty made a MOTION to close Open Mike at 6:33 p.m., and was supported by Mr. Hyden. Motion carried 6 -0. V. ACTION ITEMS DRAFT MINUTES Planning & Zoning Board April 12, 2006 Page 2 • A. CONTINUED PUBLIC HEARING for a Rezone, Preliminary Plat and MUSA Allocation for Pheasant Stroll Estates Mr. Smyser presented the staff report. Staff recommended denial of the application due to inadequate road issues with the project. Mr. Smyser noted that no revised plans had been submitted since the last P &Z meeting. Wayne Brunn, Brunn Construction, stated that they had received no written comment or direction on the road alignment from city staff. Mr. Brunn explained some benefits of the development as proposed. He expressed that he felt their proposal will work well with the Comp Plan. Mr. Brunn requested some direction from the Planning & Zoning Board as to the location of the access for the road. He asked if the site would have to connect to the commercial property, and if they favored an access point off of Ware Rd. Mr. Brunn asked if the P &Z Board would allow for MUSA allocation for the site. Board members expressed concern over road issues, including the length of the cul de sac, parking, and access points. Board members stated that the plan needs to meet setbacks and County requirements. Board members agreed that the proposed plan would not work, and that the property should be considered as part of the CSAH 49 /County Rd J Master Plan. Board members encouraged staff to complete the master plan for this area as soon as possible. • Mr. Root made a motion to close the public hearing. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Staff commented that they intend to complete the 49/J master plan as soon as possible, and noted that they have been working with the county on the issue of access points. Staff will attempt to have some design proposals prior to the next P &Z meeting. Mr. Brunn expressed concern over the buildable timeline due to the approved lot maximum per year. Mr. Brunn would like to get going on a redesign as soon as possible. Mr. Pogalz made a MOTION to recommend denial of the Rezone, Preliminary Plat and MUSA Allocation for Pheasant Stroll Estates. Motion was supported by Mr. Root. Motion carried 6 - 0. B. CONTINUED PUBLIC HEARING for Rezone to Planned Unit Development and Development Stage Plan/Preliminary Plat for The Preserve Mr. Smyser presented the staff report. Mr. Smyser noted this item was continued from the May Planning & Zoning Board meeting. Staff recommended approval of the application. Mr. Smyser expanded on stewardship for the project, noting that the developer will do most of the restoration work up front with the development and that homeowner contributions will contribute to maintenance. DRAFT MINUTES • Planning & Zoning Board April 12, 2006 Page 3 Mr. Pogalz asked what had happened with parking /traffic issues. Staff replied that parking will be prohibited on one side of street with signage as part of development. Staff was unsure of the policy on speed limit signs. Mr. Laden questioned how trails are designated from the street. Staff replied that an on- street trail means people walk on the shoulder of the road. Due to limits on financial resources, this is a common means of providing pedestrian routes in Lino Lakes. Board members agreed that a trail should be exclusive from the roadway. At a minimum, a trail should be striped or signed. Board members were concerned about the safety issues, and agreed that on- street trails were not a desirable design for the city. Board members suggested adding turn lanes on Birch Street as part of the development. Staff noted that the Stoneybrook project was adjacent to Birch St., therefore it was allowable to do this. Staff stated that they are attempting to improve Birch St. with each opportunity. Brian Bourassa, MFRA Engineering, representing Integra Homes, was present for questions. Board members stated concern over potential complications with trucks hauling in dirt to the site, and suggested that the developer make it clear to haulers, residents, and anyone involved to be conscientious that impositions to homeowners may occur. Mr. Bourassa committed to implementing any suggestions by staff and agreed to converse with the grading contractor to avoid any issues. Staff added that they will take a proactive approach to avoid problems with this development. Mr. Tralle reopened the public hearing. Michael Prieve , 1047 Aspen Lane, stated that he has two concerns with the proposed development. He pointed out that the connection to Birch Street in this area is unique in that Black Duck to the north has an excessive number of residents, therefore two very large neighborhoods will compete for access in the same area. He stated that this will be a bad situation until roads go through. Mr. Prieve's second concern was how conservation would affect the neighboring properties. He wondered if land would be burned, if a number of trees would be removed, and how the neighboring residents might be affected. Mr. Prieve also wondered if there would be any additional burning in the future. He requested that there be an acceptable plan in place because area residents are concerned about the affects on their quality of life. Mr. Pogalz made a Motion to close the Public Hearing at 8:05 p.m. Motion was supported by Mr. Nelson. Motion carried 6 -0. City staff suggested that Mr. Husveth be present at the City Council meeting to address these issues. Staff also suggested that Mr. Prieve contact Marty Asleson, the city's environmental coordinator, to answer questions regarding burns and wetland areas. Mr. Nelson made a MOTION to approve the the Planned Unit Development and Development Stage Plan/Preliminary Plat for The Preserve. Motion was supported by Mr.Pogalz. Motion carried 5 — 1. (Laden voting nay). DRAFT MINUTES Planning & Zoning Board April 12, 2006 Page 4 • VI. DISCUSSION ITEMS • • A. Rules of Conduct Board members agreed that a bulleted handout of meeting rules and conduct could be helpful for attendees who have never attended a meeting before. An alternate suggestion made was to print the rules on the back of all agendas. Board members made a recommendation for staff to propose that the City Council adopt the seven rules listed on the city of Hugo's Public Hearing Guidelines and add them to Lino Lakes' existing rules of conduct, as well as reorganize the existing Open Mike rules. B. Summary of Joint Meeting for Nature's Refuge Mr. Smyser asked for additional comments from the joint council/board/committee meeting that took place on May 31, 2006 at 6:30 p.m. to comment on development of the proposed site. Mr. Pogalz and Mr. Nelson noted that they were not able to attend the meeting. Board members agreed that the joint meeting was worthwhile and a good opportunity to give residents the ability to comment. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 8:22 p.m. Motion was supported by Mr. Rafferty. Motion carried 6 -0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • AGENDA ITEM V.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: July 12, 2006 TOPIC: PUBLIC HEARING: Conditional Use Permit — Private Dog Kennel 575 Ash Street BACKGROUND Margo Polta has requested approval of a Conditional Use Permit to allow a private dog kennel at 575 Ash Street. This application is required due to the current animal ordinance which limits the number of dogs kept on this property. The dog ordinance of the city code limits the number of dogs on a property to two. This can be increased to four with the approval by the city of a Conditional Use Permit and a license for a private dog kennel. The applicant is proposing to keep three adult dogs on the premises. ANALYSIS cs omprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Single Family Residential Low Density Unsewered Residential Rural North Vacant Low Density Unsewered Residential Rural South Ash Street Right of Way N/A East Single Family Residential Low Density Unsewered Residential Rural West Single Family Residential Low Density Unsewered Residential Rural Proposed Use The applicant is proposing to keep 3 adult dogs which exceeds the number allowed without the approval of a dog kennel on site. A Dog Kennel is listed as a conditional use within the Rural zoning district and the conditions included are as follows: a. The applicable provisions of Section 503 of the City Code relating to the keeping of animals are determined to be satisfied. Section 503 of the City Code is the basic animal portion of the city code. Section 502 and 607 include specific standards for dogs and dog kennels that will need to be complied with on this site. A staff recommended condition is included with the report which requires compliance with both City Code sections. •Administration As listed in the Zoning Ordinance, the Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: • a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. With only three animals on site, staff feels that all six on the Conditional Use Permit requirements are being met on the site. This application was filed concurrently with a dog kennel license with the Police Department. A public hearing is required for the license application at the City Council as well. Staff intends to take both items to the July 24th City Council meeting. • RECOMMENDATION Staff recommends approval of the request subject to the following conditions: 1. Ongoing compliance with Sections 502 and 503 and 607 of the City Code. 2. At no time shall dogs that are not owned by the occupant of the dwelling be allowed to remain on the property overnight. 3. A maximum of three dogs over the age of six months shall be kept on the property at any one time. 4. All animals kept on the property shall be licensed in accordance with city policies. 5. Failure to comply with any of the conditions of this conditional use permit shall constitute grounds for revocation of the license of such kennel. •ATTACHMENTS 1. Location Map 2. Applicant's Kennel License application submitted May 12, 2006. 3. Site Plan submitted on May 12, 2006. • • Location Map 575 Ash Street Birch Street nILL1,11 jumAr amp ■1i1 OM 1 71111 0 A D • 1'>iulJ'J r1111 r. �rrrt� �1 _q IIw :s _«I• %nnuu r all 1111111Lnn= # ID aBIT r r ■.�� �rruniu Is i •� tlf, g ik111141 0111 a 1 MS � itI %ITCH+ For II. Mt Miff t` au �E si _ P•111111•11:11E mums umm 1■■N11■� Irk i N ausIngit WOW ■101°.4410 ■■w i Subject Property Ash Street /City Limits • APPLICATION FOR KENNEL LICENSE CITY OF LINO LAKES 1. Type of kennel applying for: Commercial Kennel Applicant Name: Private Kennel Applicant Address: 5 1 5 As h e_t- Home Telephone Number: 4Q 5 \ Lf S 2.., -07 b Work Telephone Number: IQ / t\ Contact Person if Property Owner is unable to be reached in case of emergency: 3hon,) n Pc)I+0,- Contact Telephone Number: ( 51- 7 1, 1 - 1 J 3 3. Number of Adult Dogs to be kept on the premise: 3 The term "Adult" shall include any dog over six months of age. 4. Do you intend to breed the dogs? Yes No If yes, please answer the questions below. 4A. How often do you plan to breed dog(s)? 4B. What is the expected size of the litter(s)? 5. Method intend to use tp k ep — our premise in a sanitary manner: am \I j i��5 c�a S QC e. \ar ``%1 6. ethod you i tend to us - to keep the dogs quiet: ' �o • _ ' �► 1 • \A.0Y� 5 e ,�CC��� 0 • • TO BE SUBMITTED WITH APPLICATION: A site plan is required showing the location, size and type of all structures for housing, fencing, and runs for dogs.* *Separate house and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, which ever is greater. If the dogs are to be kept primarily within a building, the applicant shall so state. I have obtained a copy of City Ordinance No. 03 -96 and agree to adhere to the regulations therein. I agree to let a qualified person from the City inspect my premise at any reasonable time. ��• G Signature of ...licant Date of Applicant Please contact a Community Service Officer if you have questions regarding the licensing of your dogs. A Community Service Officer can be reached at 651- 982 -2300. Parcel "A" The East 1r<N. :1(1 ;eet or the Srlut!, ', of HI Southwest '4 of Section 32, Township '1I, P roe l.l. Parcel "11" The Last '') •1rrel nF the F051 ', :•f I!Ir• South of .h^ S;,ulh•arast. '4 of Secl inn 17 Tnwnshi.;, !i, Ron0e 72, except the I.ISt 16'.i'1 root Iherenf. , NORTH LINE OF SOUTH 1/2 OF S.W. 1/4 OF SEC. 32 494.310 - 165.00/1-10' 41 Cj ANOKA COUNTY C.I.M. S.W. CORNER SEC. 32, T. 31, R. 22 LAIN % LANn SURVLY 1 r, 494. A PARCEL "A" r o -" SOUTH LINE OF S.W. 1/4 CREST CERTIFY THAT THIS SURVEY WAS PREPARED DT ME OR UNDER MY DIRECT SUPERVISION NO THAT I AN ADULT ESISTENED LAN 1410WVET R UNDER TNEdAWS OP THE STATE OF MINNESOTA. S ISNED /•.'%'/ 1,. r' DATE • ;V ' "?3/ REGISTRATION NO AS *O MINN. R S -IIS2 WISC No encroachments located other then shown et LINE OF S.W. CITY OF LINO LAKES ■ TO , O 33.00 5' R D . J- -. ANOKA COUNTY C.1.11. S. X1/4 CORNER OF SEC.:: 32,'T. 31, R.22 SCALE 1 INCH. ..2.2.9 FEET - INOICAT f• 1NON MONUMENT EST INOIC•tts IRON MONUMENT POUND J ) • • City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES The purpose of a Board meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines. Open Mike — An opportunity to present comments on an issue that is not on the agenda. • Please address the meeting Chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business: but remember that Open Mike is for items not on the agenda. • The Chair may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. opportunity to tell the Board how you feel about issues scheduled t follows these steps: c hearing segment is your Typically, a hearing • The Chair will announce the proposal to be reviewed . . ask for the staff r , • rt. The Chair shall maintain strict order and etiquette at all meetings. • City Staff will present their report on the proposal. • Board members will then ask City Staff questions about the . • po • 1. • The Chair will then open up the public he • yone pres who wishes to comment on the proposal. This is the time for the public . m.' e co . - •ts •r ask questions about the proposal. • When you are called upon for your comments, - .e ste I • the microphone at the podium and state your name and address for the rec • Comments should be limited t •ur (4) inutes s further time is granted by the Chair. • A spokesperson must repres _rou - • ore. • All comments should be directed e Board as a body and not to any individual Board Member or City Staff Member .. issio g ted by the Chair. No person shall be permitted to enter into any discussio ther direc . or t gh a member of the Board without the permission of the Chair. • After everyone in the a • 'ence .hing to speak has given his/her comments, the Chair shall close the public hearing. • The Board will then discus e proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board.