HomeMy WebLinkAbout02/09/2011 P&Z Packet0 CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, February 9, 2011
6:30 p.m.
Council Chambers
(Scheduled to be televised on Ch. 16)
Please be courteous and turn off all electronic devices during the meeting.
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: December 8, 2010
IV. OPEN MIKE
V. ACTION ITEMS
Ill A. PUBLIC HEARING to consider Amending sections of Chapter 1010 of the City
Code relating to the regulation of signs in election years
VI. DISCUSSION ITEMS
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A. 2010 P &Z Board Action Summary
B. 2011 P &Z Board Meeting Dates
VII. ADJOURN
Meeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — 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:
• 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.
• Open Mike is for items not on the agenda.
• A spokesperson must represent a group of five or more — groups will have 8 minutes.
• The Presiding Officer 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. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
• The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
• Staff will present their report on the proposal.
• Board members will then ask City Staff questions about the proposal.
• The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
• After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
• The Board will then discuss the proposal. No further public comments are allowed.
• The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
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.
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
: December 8,'2010
. 6:32 P.M.
. 7:44 P.M.
: Neil Evenson, Michael Hyden, Perry Laden, Brian
Pogalz (Vice Chair), Michael Root, Paul Tralle
(Chair)
: Robert Nelson
Jeff Smyser, Paul Bengtson
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:32
p.m. on December 8, 2010.
II. APROVAL OF AGENDA
The Agenda was approved as presented.
HI. APPROVAL OF MINUT
November 10, 2010
Mr. Hyden made a MOTION to approve the November 10, 2010 Minutes. Motion was
supported by Mr. Laden. Motion carried 4 - 0. (Pogalz abstained.)
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:33 p.m.
There was no one present for Open Mike.
Mr. Pogalz made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by
Mr. Evenson. Motion carried 4- 0.
DRAFT MINUTES
Planning & Zoning Board
December 8, 2010
Page 2
V. ACTION ITEMS
A. PUBLIC HEARING to consider a Conditional Use Permit to allow a
Veterinary Hospital to be located at 6511 Ware Road, #140
Associate Planner, Paul Bengtson, presented the staff report. Staff recommended
approval of the conditional use permit.
Chair Tralle declared the Public Hearing open at 6:40 p.m.
Dr. Janelle Hansen, wife of applicant Brian Hansen, was available for questions. Mrs.
Hansen noted that her husband was on his way, but stuck in traffic. She noted she is also
a veterinarian, but that Brian will be the proprietor / -owner of the vet hospital.
Pam Feltman, resident of Spirit Hills Development (6549 Sioux Lane), stated that she
lives adjacent to the shopping center and has concerns about a vet clinic going into the
strip mall. Her concerns included the soundproofing of barking dogs, sick animals, and
dogs potentially being walked through the neighborhood. She was of the opinion that
this use was not suited for such a residential area, specifically next to a restaurant and
where people and children will be accessing the neighboring businesses.
Chair Tralle responded that the property is zoned for this use, that the applicant will
install soundproofing to reduce noise, and there will be no outdoor kennels on the site.
Mr. Root Arrived at 6 :43 p.m.
Mr. Laden made a MOTION to Close the Public Hearing at 6:45 p.m. Motion was
supported by Mr. Hyden. Motion carried 4 - 0. (Root abstained.)
Mr. Pogalz made a MOTION to recommend approval of the Conditional Use Permit to
allow a Veterinary Hospital to be located at 6511 Ware Road, #140. Motion was
supported by Mr. Hyden. Motion carried 4 - 0. (Root abstained.)
B. PUBLIC HEARING to consider Amending the Planned Unit Development
(PUD) for Century Farm North: amend the Development Stage
Plan/Preliminary Plat and amend the Final Plan/Final Plat for the 4th Addition,
and vacate drainage and utility easements
City Planner, Jeff Smyser, presented the staff report. Staff recommended approval of the
PUD Amendment, Final Plat and Easement Vacations, subject to the conditions listed in
the staff report.
Staff noted that the city attorney is reviewing documentation regarding the homeowner's
association to ensure that the association is in agreement with the revisions.
DRAFT MINUTES
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Planning & Zoning Board
December 8, 2010
Page 3
Board members discussed proposed lot sizes. Staff reminded the board that a Planned
Unit Development allows for variation to standard requirements, therefore smaller lot
sizes are allowed. Mr. Smyser explained that a Planned Unit Development offers the city
public elements that are not typically offered in a standard development. He specified
that the Century Farm North development includes a very large park area as well as
unique stormwater areas, and that overall the property is less than three units per acre.
Chair Tralle declared the Public Hearing open at 7:08 p.m.
Mr. Gary Uhde, Century Farm Development, was present for uestions. Mr. Uhde noted
that his engineer was unable to attend due to illness. Mr explained that the sale to
the builder of this addition closed in 2006, but only tw of the single family detached
townhome units have been sold by Sharper Homes sine that time. Uhde was
approached by Sharper Homes a number of year, to discuss potential revisions, but
Mr. Uhde thought it was premature to propos anges at that time. He was approached
by Sharper again about six months ago an , brought the concerns to the city. The
city was receptive to the requested chang s. fated tl questions and concerns
regarding the homeowner association had been As the developer, Mr. Uhde is
hoping that the single family homes will sell better the townhomes did. He added
that each single family home will offer an undergrouno'6 ' er system, exterior curb
appeal, and a variety of color options. Mr. Uhde noted /9 e size, quality and pricing
of the single family homes will remain approximately the s , as the townhomes.
Mr. Pogalz made a MOTION to close the Public Hearing' at 7:15 p.m. Motion was
supported by Mr. Hyd otion carried 5 - 0.
to recommen
t ddition, s ject to the following conditions:
Mr. Hyden , rn iNIOTI •°
Plan/Preliminary P14 for
ust . is luded on a evised preliminary plat that is submitted for
onsideration of the preliminary plat by the City Council. The
strated with a detail on the preliminary plat.
proval of the Development Stage
review prior
setbacks can b
2. Documentation of the status of the Rice Creek Watershed Permit must be submitted
for review prior to consideration of the preliminary plat by the City Council
Motion was supported by Mr. Pogalz. Motion carried 5- 0.
Mr. Laden made a MOTION to recommend approval of the Final Plan/Final Plat for the
5th Addition, subject to the following conditions:
1. The preliminary plat of Century Farm North 5th Addition must be approved prior to
consideration of the final plat by the City Council.
DRAFT MINUTES
Planning & Zoning Board
December 8, 2010
Page 4
2. The dedication paragraph on the final plat must include the Park parcel. This must be
added on a revised final plat that is submitted for review prior to consideration of the
final plat by the City Council.
3. Lot line easements must be shown on a revised final plat that is submitted for review
prior to consideration of the final plat by the City Council.
4. The city attorney approval of the title commitment is needed prior to consideration of
the final plat by the City Council.
5. The City must have documentation that the Rice Creek Watershed District (RCWD)
permit is current. Such documentation must be submitted for review prior to
consideration of the final plat by the City Council.
6. Outlot B of the 3rd Addition must be dedicated to the City. A deed for this parcel
shall be submitted and found acceptable prior to consideration of the final plat by the
City Council.
Motion was supported by Mr. Hyden. Motion care
C. PUBLIC HEARING to consider Amending the Zoning Ordinance to modify the
requirements for Outdoor Sales Lots
Associate Planner, Pau "Bengtson, presented the staffeport. Staff recommended
approval of the zoning ordinance amendment.
Chair Tralle declared the Public Hearing open at 7:32 p.m.
There was no one present to speak.
Pogalz made a MOTION to Close the Public Hearing at 7:33 p.m. Motion was
supported by Mr. Hyden. Motion carried 5 - 0.
Mr. Laden made a MOTION to recommend approval of a Zoning Ordinance
Amendment to modify the requirements for Outdoor Sales Lots as described in the staff
report, and including the following amendments discussed by the board and staff:
• Amend the definition of Motor Vehicle Sales Lot to state: ...or lease of new "and
used" vehicles...
• Amend Section 7. Subd. 3.H.9.e. to state: ...an "average" minimum of three
hundred eighty (380) square feet...
Motion was supported by Mr. Hyden. Motion carried 5 - 0.
DRAFT MINUTES
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Planning & Zoning Board
December 8, 2010
Page 5
D. PUBLIC HEARING to consider Amending the Zoning Ordinance to modify the
requirements for Home Occupations
Associate Planner, Paul Bengtson, presented the staff report. Staff recommended
approval of the zoning ordinance amendment.
Chair Tralle declared the Public Hearing open at 7:42 p.m.
There was no one present to speak.
Mr. Pogalz made a MOTION to close the Public Hearin at 7:43 p.m. Motion was
supported by Mr. Hyden. Motion carried 5 - 0.
Mr. Root made a MOTION to recommend approval of a Zoning Ordinance%
Amendment to modify the requirements for Home Occupations as described in the staff
report. Motion was supported by Mr. Evenson. ' Motion 5 - 0.
VI. DISCUSSION ITEMS
A. None
VII. ADJOURNMENT
Mr. Pogalz made a MOTION to adjourn the
by Mr Hyden. Motion carried 5- 0.
Respectfully submitted,
Dawn Bugge
Community Development A tant
eeting at 7:44 p.m. Motion was supported
DRAFT MINUTES
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AGENDA ITEM V A.
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: February 9, 2011
TOPIC: PUBLIC HEARING: Amending Chapter 1010 of the City Code
Relating to the Regulation of Signs in Election Years
BACKGROUND
Signs in election years have been a point of discussion, confusion, and dissention in Lino Lakes
for years. State law includes a provision governing signs in years with state elections, which are
in even - numbered years. However, city elections occur in odd - numbered years, so the state law
does not cover city election years.
The City's sign regulations have one set of requirement for state election years, and a different
set of requirements for city election years. The requirements for city elections are directed
specifically at campaign signs, which raises constitutional free speech issues. Numerous court
cases across the country have determined that sign regulations must be content neutral in
order to comply with constitutional protections of free speech. That is, a city cannot
regulate signs based on what the signs say. Political campaign signs are a form of
noncommercial speech and sign regulations must treat all noncommercial speech equally.
Commercial speech (advertising) can be regulated differently from and to a much greater
degree than noncommercial speech.
ANALYSIS
Election Year Dates
State law establishes that state elections will be held in each even - numbered year. The primary
election is held on the second Tuesday in August, and the general election is on the first Tuesday
after the first Monday in November.
As required by the City Charter, City elections are held in odd - numbered years, though the day is
the same as general state elections. The City does not have primary elections.
MN Statute 204D.03 TIME OF STATE ELECTIONS.
Subdivision 1. State primary. The state primary shall be held on the second Tuesday in
August in each even - numbered year to select the nominees of the major political parties
for partisan offices and the nominees for nonpartisan offices to be filled at the state
general election, other than presidential electors.
Subd. 2. State general election. The state general election shall be held on the first
Tuesday after the first Monday in November in each even - numbered year.
Lino Lakes City Charter: CHAPTER IV. NOMINATIONS AND ELECTIONS
Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the
first Tuesday after the first Monday in November of each odd numbered year commencing in
1983 at such places as the City Council shall designate.
Sign Regulation
Minnesota Statute: State law addresses campaign signs as noncommercial signage and
grants permission for almost unlimited noncommercial signage in election years. In state
election years, state law requires that any size or number of noncommercial signs is
allowed from 46 days before the primary election until 10 days after the election. This
law overrules any contrary municipal sign regulation, but only in a state election year.
MN Statute 211B.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether
or not the municipality has an ordinance that regulates the size or number of
noncommercial signs, all noncommercial signs of any size may be posted in any number
from 46 days before the state primary in a state general election year until ten days
following the state general election.
Lino Lakes City Code: The City's current sign regulations adopt the state law for state
election years. City election years are different, and a completely different set of
requirements apply that refer specifically to campaign signs. Regulations that apply only
to campaign signs raise free speech issues and should be revised to be content neutral.
§1010.006 GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
(13) Campaign Signs.
(a) State General Election years: In a state general election year, the size and
duration of campaign sign display shall comply with the provisions of Minnesota Statute
211.B.045 as amended. These signs shall be confined within private property provided that the
property owner's permission has been obtained.
(b) Other Election Years: In years when no state general election is to take place,
signs announcing candidates seeking public political office and other data pertinent thereto shall
be permitted up to a total area of eight (8) square feet in size and dimensions not greater than
two (2) feet by four (4) feet. These signs shall be confined within private property, provided that
the property owner's permission has been obtained. A maximum of two (2) signs per candidate is
allowed on any residential lot within the Single Family (R -I) and Single - Family Executive (R -1 X)
zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate
every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be
placed in front of the polling places. Campaign signs may be displayed twenty -five (25) days prior
and five (5) days after the election for which they are intended. Notwithstanding any provision
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contained in this chapter, the City, upon three (3) days notice, may remove any campaign sign in
violation of this chapter. The sign enforcement authorities for the City of Lino Lakes are
authorized to request enforcement of campaign sign violations through agencies and individuals
not employed by the City of Lino Lakes
Proposed Amendment to Lino Lakes Sign Regulations
Based on the above information, staff is proposing to amend the City's sign ordinance as shown
in ATTACHMENT A. Under the proposed amendments, sign regulation will be the same in all
election years. Even though the City does not hold primary elections, it is easy to incorporate the
same timeline as the state primary and general elections.
The proposed changes accomplish several things. First, city regulations will be consistent with
state and constitutional law and thus eliminate free speech concerns. Second, we will eliminate
confusion about campaign signs from year to year, which is very common and generates
numerous calls to the city.
OPTIONS
1. Recommend approval of amendments to sign regulations.
2. Return to staff with direction.
RECOMMENDATION
Option 1
ATTACHMENT A
Proposed Amendment to Lino Lakes Sign Regulations (City Code Chapter 1010)
Text to be added is underlined, text to be deleted is in strikethrough.
CHAPTER 1010: SIGNS
§1010.006 GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
(13) Signs in Election Years: In state general election years, the provisions of Minnesota
Statute 211B.045, as amended, shall apply. Notwithstanding other provisions of this chapter
regulating the allowed size or number of signs, in city election years all temporary
noncommercial signs of any size may be posted in any number without a permit from 46
days before the second Tuesday in August until ten days following the city election. Other
requirements of this chapter, including those regarding the location of signs, shall continue to
apply.
(13) Campaign Signs.
(a) State General Election years: In a state general election year, the size and duration
of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.015 aJ
owner's permission has been obtained.
(b) Other Election Years: In years when no state general election is to take place, signs
announcing candidates seeking public political office and other data pertinent thereto shall be
permitted up to a total area of eight (8) square feet in size and dimensions not greater than two
allowed on any residential lot within the Single Family (R 1) and Single Family Executive (R
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candidate shall be placed in front of the polling places. Campaign signs may be displayed
twenty five (25) days prior and five (5) days after the election for which they are intended.
Notwithstanding any provision contained in this chapter, the City, upon three (3) days notice,
the City of Lino Lakes are authorized to request enforcement of campaign sign violations
through agencies and individuals not employed by the City of Lino Lake)
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Memorandum
To: Planning and Zoning Board
From: Dawn Bugge, Community Development Assistant
Date: February 9, 2011
Re: Agenda Item 6A:
2010 P &Z Board Action Summary
Attached is a summary of the actions taken by the Planning and Zoning
Board in the year 2010.
The summary includes the final outcome of the applications (City Council
action, withdrawal, etc.) as well as a section covering the administrative
actions taken by staff in 2010.
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2010 Planning and Zoning Board Summary
Action 1
Approved
Approved
Approved
Approved
Approved
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Denied
Denied
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Approved
Approved
Council Datel
2/22/2010
3/8/2010
withdrawn
by applicant
4/12/2010
4/26/2010
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6uipued
7/26/2010
8/23/2010
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10/11/2010
1/24/2011
1 Recommendation l
Approval
Approval
0
Approval
Approval
Approval
Approval
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Approval
Approval
Approval
Date
2/10/2010
2/10/2010
3/10/2010
3/10/2010
4/14/2010
5/12/2010
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7/14/2010
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7/14/2010
9/8/2010
11/10/2010
Conditional Use Permit for placement of fill in a floodplain for
replacement of bridges in Chomonix Golf Course
Amend requirements for outdoor seating /dining and define
golf course uses
Variance to the maximum number and area of accessory
structures to allow for construction of an accessory structure
to be located at 1288 Main St.
Amend the Planned Unit Development for Legacy at Woods
Edge to modify requirements for outdoor seating in the Lino
Lakes Town Center Design and Development Guide
Interim Use Permit for open and outdoor storage as a
principal use in the Light Industrial zone at 2209 Phelps Road
Modify the requirements for Accessory Buildings and
Structures
Amend the Zoning Ordinance and the subdivision chapter of
the City Code regarding development in environmentally
sensitive areas, tree preservation, landscaping, planned unit
developments, and platting
Comprehensive Plan Amendment, Rezone, and Conditional
Use Permit to allow the addition of automobile sales to an
existing auto repair shop at 909 Maple Street
Variance to allow the expansion of a non - conforming structure
and reduction of a front setback for a proposed entry addition
to the building at 909 Maple Street
PUD Final Plan /Final Plat for Preserve at Lino Lakes
Modify the requirements for Swimming Pools and Fences &
Walls
Modify requirements for Temporary Outdoor Sales, Farmer's
Markets, and Community Gardens
Chomonix Bridge Replacement
Zoning Ordinance Amendment
Nordstrom Variance
Legacy at Woods Edge
Arnt Interim Use Permit
Zoning Ordinance Amendment
Zoning Ordinance Amendment
K.I. Auto Body
K.I. Auto Body
The Preserve at Lino Lakes
Zoning Ordinance Amendment
Zoning Ordinance Amendment
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2010 Planning and Zoning Board Summary
Approved
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0
Approved
Approved
12/20/2010
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1/24/2011
1/24/2011
Ir
Approval
Approval
Approval
Approval
0
Home Occupation Permit at 7774 Lake Drive
Home Occupation Permit at 7122 Mourning Dove Rd.
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Home Occ - Level B
Conditional Use Permit to allow a Veterinary Hospital to be
located at 6511 Ware Road, #140
Development Stage Plan /Preliminary Plat & Final Plan /Final
Plat for Century Farm N. 5th Addition
Modify the requirements for Outdoor Sales Lots
Modify the requirements for Home Occupations
Rice Creek Animal Hospital
Century Farm North 5th Addn.
Zoning Ordinance Amendment
Zoning Ordinance Amendment
2010 Administrative Approvals
2010 Planning and Zoning Board Summary
C.
C.
N
N
12/15/2010
Home Occupation Permit at 7774 Lake Drive
Home Occupation Permit at 7122 Mourning Dove Rd.
Home Occ - Level B
Home Occ - Level B
2010 Planning and Zoning Board Summary
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Memorandum
To: Planning and Zoning Board
From: Dawn Bugge, Community Development Assistant
Date: February 9, 2011
Re: Agenda Item 6B:
2011 P &Z Board Meeting Dates
Planning & Zoning Board Meetings take place on the 2nd Wednesday of each
month at 6:30 p.m. The following dates are set for P &Z Board Meetings in
2011:
January 12
February 9
March 9
April 13
May 11
June 8
July 13
August 10
September 14
October 12
November 9
December 14