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HomeMy WebLinkAbout04/08/2009 P&Z Packet• • CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, April 8, 2009 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: February 11, 2009 & March 11, 2009 IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING for recommendation of the City of Lino Lakes 2030 Comprehensive Plan — Jeff Smyser VI. DISCUSSION ITEMS A. Seasonal/Interim Commercial Activities 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. • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTE TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT • Febru : 6 46 P.M. : 9:03 P. : Elizabeth Brady, Michael Hyden, Robert Nelso Brian Pogalz (Vice Chair), Miehael Root : Paul Tralle (Chair), Perry Laden : Paul Bengtson, Jeff Smyser, Jim Studen I. CALL TO ORDER AND ROLL CALL: Acting Chair Pogalz called the Lino des Planning an at 6:46 p.m. on February 11, 2009. II. SWEARING IN OF APPOINTED BOARD MEMBERS: g Board meeting to order Mayor John Bergeson sword in newly appointed board member Elizabeth Brady. Mr. Pogalz noted that Paul Tralle was reappointed to the board but unable to attend the meeting \\,Therefore, Mayor Berg latend a future meeting to swear in Mr. Tralle. ROV AGENDA-, Agenda was approved as IV. AL OF MINUTES: Janu sented. Mr. Root made '`''a MOTION to approve the January 14, 2009 Minutes as presented. Motion was supported by Mr. Hyden. Motion carried 4 - 0. (Brady abstained.) V. OPEN MIKE Acting Chair Pogalz declared Open Mike at 6:50 p.m. There was no one present for Open Mike. DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 2 Mr. Nelson made a MOTION to close Open Mike at 6:51 p.m. Motion was supported by Ms. Brady. Motion carried 4 - 0. VI. ACTION ITEMS A. PUBLIC HEARING for a Comprehensive Plan Amendment to change the land use designation from Low Density Sewered Residential to Commercial, Rezone from Rural to General Business, and Conditional Use Permit for an Outdoor Sales Lot, in order to allow the addition of automobile sales to an existing auto repair shop located at 909 Maple Street. Paul Bengtson, Associate Planner, presented the staff re Mr. Bengtson explained that the existing use of the site1:s considered a non - conforming use and as such the current use is allowed only as rig as no changes to the use, and no increase to the current use, occurs on the site.. ii Staff's recommendation was that no changes occur on the site until the Merouncil has adopted the updated Comprehensive Plan. Staff suggested that the site be examined further to determine what zoning district is the mostopriate for the site. Mr. Bengtson added that a change of use on the site would uire the property to comply with the regulations of the current `mance. Staff received two phoned inquiries and one w ' " "o eht as a result of the public notice. The written comment included concerns about -street parking and pollutants on the site, and was included as part of the staff report. The phone inquiries included a question about the application type and concern about the parking situation. Board members discussed f e concerns with staff. Staff clarified tr. if the site were rezoned to General Business, then any type of use under GB coulpplied for in the future — and if all conditions of the use are met, by the city would have to allow the use on the site. In or for the requested Conditional Use Permit to be granted, the property would have to be zoned GB Gene Business. In order to rezone the site GB General Business, the site would need to be within the current MUSA boundary and have immediate access to city sewer and war. Even though the draft 2030 Comprehensive Plan would do away with MUSA arcs, staff would seek to amend the zoning ordinance to prevent unsewered commercial development in a different manner. A variance for parking would be required in order to make the use legal. Lighting concerns were minimal after staff noted that no additional lighting was shown on the plans, and that the existing building light is directed downward and is not on all night. DRAFT MINUTES • • • • Planning & Zoning Board February 11, 2009 Page 3 Hazardous Waste on the site was a concern. The applicant would need to renew their Hazardous Materials license with Anoka County, and the county would be responsible for enforcement. The EPA (Environmental Protection Agency) has been involved and the MPCA (Minnesota Pollution Control Agency) could be involved if there were any future concerns. The city does not license this type of business, however a required state license usually includes a zoning verification signature by the city. Applicant, Kevin Halversen, 9116 Lexington, MN, stated that he dealt with (city engineer) Jim Studenski and Rud Land Surveying to address issues. He said that the lights on site are timed to shut off at 6:00 p.m. Their recycling is kept in a can that goes inside the building at night. He has had numerous discussions with staff but he was not aware of the negative concerns by staff. He spoke with the fire department and the state, and spent money on plan review. He said that th4ffevious owner, Auto, didn't listen to the concerns of the neighbors. He would like to take the negative issues and tum them positive. He stated that staff told him what should be submitted and that the city is in the process of change. Mr. Halversen stated that he is noj really changing the use. He stated that vehicles get pulled inside the garage at nighf4le requested additional time by staff in order to meet requirements. He explained that all they are doing is adding the sales to become an onsite dealer. the transactions. He explained that surveyor, and met with the city enger. cY would like to finance the cars like a bank and do ubmitted what the city requested, hired a land stated that he had a copy of the previous Conditional Use Permit for the site. fie said that staff informed him that they don't want the business in the arm He spoke withCity Planner Jeff Smyser to try and make this a positive add -on to his existing successful, = business. fie said they are in the used car business, not new, and they want to sell them and they want to do it right. He said they are not changing the buildings or the lights. They are trying to get their license and do the right things. r Dan Obermiller, Rud Land Surveying, said he was asked to do a survey for the applicant. • As part of the application, this included a site plan, utility plan, and grading plan showing the site and improvements. 1 le ed that plans showed improvements including striping for the car sales area as well as a bituminous parking area. He stated that drainage on the site goes toward the street and into the street, and the plans will not increase the drainage or the direction. He said there is no potential for pollutants. He said there are no proposed changes to utilities, adding that the sewer system will work as it does now. There is an on-s eptic system with no storm sewer in the area. Mr. Halversen stated the septic system had been brought up to code. He tried to make sure things were done in a positive way. He asked that the board understand what it is like to be a small business owner. He is here to add on to an existing business to make it profitable. He said the State of Minnesota is okay with the proposal. Acting Chair Pogalz opened the Public Hearing at 7:45 p.m. Kevin Hedgers, 862 Maple Street, distributed a compilation of points of concern from the residents of Maple Street. The residents are opposed to the proposed applications and all DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 4 but one resident was in attendance. (The documents are filed as part of the city's public record.) Maple Street residents were concerned that they were uninformed about a previous business change on the property. Staff explained that certain applications require a public notice, but a change of ownership does not warrant a notice to the neighborhood. Terry Johnson, 987 Maple Street, stated that although vehicles are kept behind the fence, they are in the road during the day and sometimes block the road. Richard VanCleave, 907 Maple Street, stated that he didn't want to speak. However, he was upset that they were not informed of the business changejn 1991. He said that he likes Ivan (of K.I. Auto) and he goes over there to talk to them when there are issues. He was not so concerned about the lighting. He stated that is drive ay has cracks from trucks turning around in his driveway. He added that people sometimes knock on his door as late as 11:00 p.m. asking about the busiess next door. He spoke with Ivan who informed him that he is not a sales person, all he does is fix insurance company cars but he does not sell them. He doesn't like any of that is going on. If he had known what was going on in 1991, he would have opposed it the'rst time he has come to the city to make a complaint. He said that he was there= :E s the others to voice his concerns. He doesn't need people working door late at night le has resolved issues with Ivan in the past. Mr. Hedgers added concern about the water ana guested at it be posted that any hazardous fluids are dealt with in the correct manner Board membe ked the applicant to address resident concerns. Mr. Halversen sta ed that business hours would be from 10:00 a.m. to 6:00 p.m. and they are not able sell cars on Sundays. fie saki he could display a sign posting the hours and asking people to please leave quietly. tle said the "bus" on his property was used to haul recycle materials offsite, but the vehicle went up for sale following a resident complaint. The recycling material will now be kept inside. He said that he will follow rules as stated in the conditions of approval. He stated that if the neighbors didn't like the use of the property, they could have bought it. He said they want to be productive and get along with people. He has no particular plans to expand the site. He acknowledged that situations have occurred with turnarounds and parking. Mr. Halversen explained that 15 different insurance companies contact them with cars that need repair, they in turn purchase the vehicles and resell them, and now they would like to sell the cars on the lot rather than going to an alternate location to transact the sale. Board Members commented that although they encourage local business, they must consider the effect to residents as well. They pointed out that the proposed change in business would increase the amount of traffic to the site. The current business is repair and not sales, therefore adding sales would increase the volume of customer traffic to the site. The Board asked Mr. Halversen if he plans to see a net change in the number of people accessing the site. Mr. Halversen replied yes, he hopes there is a big change and DRAFT MINUTES • Planning & Zoning Board February 11, 2009 Page 5 • they are planning to have more people show up. He is looking to increase his business. Mr. Halversen stated he expects to sell approximately 30 cars per month on this lot. Mr. Halversen stated that they made no attempt to meet or discuss the situation with the neighbors. He said he did not want to disturb them. Board members suggested that it would have shown an effort on his behalf if he would have contacted the residents directly. Mr. Hedgers added that hazardous issues on the site do not follow the betterment of the city. Mr. VanCleave added that he feels the applicant is more impact on his neighbors and the community. reed about money than the Dennis Ramsden, 871 Maple Street, stated concern` oufcars being. pped off if the applicant gets this permit. Teresa Johnson, 987 Maple Street, stated concern that it is hard to drive down the street because cars are worked on in the street and flatbeds are at tiMes in the street. She added that cars turn around in driveways, and was concerned that ambulances and busses could not get down the street. Diane Schally, 892 Maple Street, stated c€ ern that the existing car business was there. She complained about the noise especially la $ :,9 She pointed out that there are only nine residents on the street, and that all but on Tgas in attendance. She stated that the neighborhood has taken a lot of abuse Mr. Root made a..MOTION to close the Public Hearing. Motion was seconded by Mr.Hyden. Motion passed Mr ted out that any car sales on the site had ceased for well over a year, refore the us W1 1 longer valid on the site. Mr. Halversen stated he was not aware of son stated conform with the xisting conditional use permit. / enforcement steps will be made by staff to address the non- Staff pointed o that the property may not meet all requirements of General Business. The city wouldot allow a new business to occur without sewer and water. As stated in the Comprehensive Plan, no new commercial/industrial areas will be created without sewer & water. Mr. Bengtson explained that an application fee and submittal materials are required in order for staff to process a review. He added that there most certainly were indications from staff that the application may be denied during discussions with the applicant. Mr. Bengtson wanted to clarify that a non - conforming use within the city can be reestablished if it reoccurs within a year, and the city is not required to notify the public. DRAFT MINUTES Planning & Zoning Board February 11, 2009 Page 6 However, if a use ceases to exist for a year, then starting that use again would require applications that include a public hearing. The city wants to reinstitute the condition of approval that would ensure that all conditions are being met and not causing issues with public welfare. A condition of approval can require annual review. Board members agreed that they want to see business survive in Lino Lakes. However, there are currently problems with the existing business being located too close to homes within a residential area. Board members agreed that there is an existing impact to the neighborhood with the existing business. They hope that the neighbors and business owner can continue to work together and get through their issues with the current repair business on the site. However, board members agreed that an expansion of the business would increase the impacts to the neighborhood. They determined that this was not the appropriate location for the proposed type of business. In addition, board members pointed out that if this would open up additional issues as to what future Bess were approved but fails, this ss could apply. Ms. Brady made a MOTION to recommend denial of the Comprehensive Plan Amendment to change the land use designation from Low 1 'a''ty Sewered Residential to Commercial at 909 Maple Street. Motion was supported y Mr. Hyden. Motion carried 4 -0. Mr. Hyden made a MOT General Business at 909 passed 4 -0. i to recommend denial of the Rezoning from Rural to le Street. Motion was supported by Mr. Nelson. Motion Mr. Root'' madde a 1VIOTION to recommend denial of the Conditional Use Permit for an Outdoor Sales Lot, in order to allo the addition of automobile sales to an existing auto repair shop located at 909 Maple =street. Motion was supported by Mr. Nelson. Motion carried 4 -0. The Board informed the applicant that he can still pursue his application with the city council if he so: chooses. Mr. Halversen announced that he was displeased with staff and that he was uninformed about the problems with his application. VII. DISCUSSION ITEMS A. 2008 Year End Review Mr. Smyser noted that enclosed in the board member meeting packets was a summary of actions taken by the board in 2008. Mr. Smyser added that items approved DRAFT MINUTES • Planning & Zoning Board February 11, 2009 Page 7 • administratively by staff in 2008 were included on the reverse side of the report. • • B. Comp Plan Update Mr. Smyser updated the board on the progress of the 2030 Comprehensive Plan. He noted that some proposed changes were discussed at the council work session on February 2. He stated that another Public Hearing will be held at a future P &Z Meeting once all jurisdictions have commented on the plan. VIII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 90 Motion was supported by Mr. Nelson. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES March 11, 2009 6.32 P.M. 8 :17 P.M. Perry Laden,'' Robert Nelson, Brian P± Chair), 1lichael Root, Paul Tralle (Cha Elizabeth B , Michae Hydein ,,. °mil lntson. Jeff Wiser, Jim Stud+e acl Grochala I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes P1Rnning and Zonin •p.m. on March 11, 2009. \\��\ II. SWEARING IN OF APPOINTED BOARD MEMBERS: • Mayor John Bergeson s d meeting to order at 6:32 in re- appointed board member Paul Tralle. III. ELECTION OF CHAIR AND VICE CHAIR: ted PaaTralle as Chan' and Brian Pogalz as Vice -Chair for 2009. APPROVAL OF,AENDA V. APPROVAL OF MV. February 11, 2 Mr. Nelson made a MOTION to table the approval of the February 11, 2009 Minutes to the April meeting. Motion was supported by Mr. Root. Motion carried 4 - 0. (Laden abstained.) VI. OPEN MIKE Chair Tralle declared Open Mike at 6:40 p.m. DRAFT MINUTES Planning & Zoning Board March 11, 2009 Page 2 There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:41 p.m. Motion was supported by Mr. Pogalz. Motion carried 4 - 0. VII. ACTION ITEMS A. None VIII. DISCUSSION ITEMS A. Birch Street Corridor Study — SRF Consulting G Community Development Director Michael Grochala`vided amary of the CSAH 34 (Birch St) Corridor Study as described in the staffreport. Mr. `Grochala introduced representatives of SRF Consulting Group and Anoka County Highwa artment to provide an update of the study. Brian Shorten, SRF Consulting Group, explained the main objectives of the study. He shared input received to date from the focus group and the open house. Meetings occurred with several focus gt s consisting of Spirit Hills Mall Business Owners, Local Property Owners, Pie " " "andEmergency Responders, Schools, and Environmental Agencies. y Five high crash locations have been ide ied and are noted in the report. Areas of Birch Street are overcapacity. SRF examined the of intersections due to feedback that it can be very difficult to merge onto Birch Street at certain times of the day. Potential :F been identi: cle an d pedestrian improvements, including trails along Birch Street, have important because crossing Birch St. has become increasingly difficult. ironmental resources and wildlife corridors will be avoided. Federal Funding can assist in avoiding impact to parks. Birch Street is currently classified as a minor arterial, however it acts more like a minor collector because of the number of accesses. An access inventory identified a substantial amount of access that exceed the existing guidelines. The more accesses per mile, the higher the crasri ate. A good access management plan is necessary for the eastern end of Birch Street in order to handle future development. Access reduction may be identified on the west side of Birch. Future conditions will be based on the city's current land use plan and the county's traffic model. SRF provided an analysis of what the corridor may look like in 2030 if no changes occur. They have identified a need for capacity improvement. DRAFT MINUTES • • Planning & Zoning Board March 11, 2009 Page 3 Mr. Shorten distributed copies of the comments that were received from the Corridor Study Open House, including a detailed analysis of the comments. Two additional open houses will be held to help guide the study. SRF may explore the possibility of improvements to County Road J to see if they could alleviate traffic on Birch Street, per public comment. Mr. Short explained that the 18 -month process will be completed by April 2010. They will return to the P &Z Board in October with some concepts and options based on their findings. A draft report is planned for March 2010 for review & comment. Mr. Shorten summarized the goals of the remaining study period. Jack Corkle, Anoka County Highway Department, added that no county funding has been budgeted for improvements in this location. She that grants could be considered for this area, but are not probable unless an accident causes a fatality. She clarified that even when a grant is offered, there is a del, time from when the grant is awarded to when the construction would actually take place. Comments received from the open house included stions to lower the speed limit on Birch Street. Ms. Corkle explained that speed limits are controlled by MnDOT. She stated that the process requires a speed study that could potentially cause the speed limit to be raised in this area. She suggested that an option might be to redesign the roadway to one of a lower speed standard. B. Compreh ensfif e' an Update i. Requestsor Changes to Land Use Map and Staging Map Jeff Smyser, pity Planner, informed the board that a second public hearing for review of the draft 2030 Comprehensive Plan is scheduled for the April 8, 2009 Planning and ring Board Meeting. Thi,dditional hearing will provide an opportunity to receive is comment from any proposed and requested changes since the first public hearing. Mr. S er explained that the city has received four additional requests for change to the proposed land use map and/or staging map. Mr. Smyser summarized the requests in order to give oard members an opportunity for discussion prior to the public hearing in April. ii. Comments from Adjacent Jurisdictions Mr. Bengtson noted that the city had received feedback from a number of jurisdictions. The letters received were included in board member packets, as well as a summary of the comments and staff s analysis of action to be taken based on the comments. Staff will distribute any future comments that are received, and there will be more opportunities for questions and discussion throughout the process. Staff reminded the board that the deadline for jurisdictional review is May 14, 2009. DRAFT MINUTES Planning & Zoning Board March 11, 2009 Page 4 VIII. ADJOURNMENT Mr. Nelson made a MOTION to adjourn the meeting at 8:17 p.m. Motion was supported by Mr. Laden. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • • • AGENDA ITEM V. A STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: April 8, 2009 TOPIC: PUBLIC HEARING: Draft 2030 Comprehensive Plan BACKGROUND Under state law, every city within the Seven County Metropolitan Area must update its comprehensive plan every ten years and submit it to the Metropolitan Council. This ensures that city plans do not conflict with metropolitan system plans. The deadline was December 31, but Lino Lakes received an extension. We must submit it to the Metropolitan Council by May 29, 2009. Staff and our consultants worked for two years with a citizen group called the Comprehensive Plan Advisory Panel. The Panel met monthly or more since early 2007. We have held three open houses, inviting the general public to ask questions and learn about the plan process. We learned much from the citizens at these events, as well. The Planning & Zoning Board held the first public hearing on September 9, 2008 to consider the draft 2030 Comprehensive Plan. The Board recommended approval with some minor revisions. Since then, the City Council met with the Comprehensive Plan Advisory Panel in January and has been discussing the plan. The City Council decided that the P & Z Board should hold a second public hearing to provide for public discussion of comments received and revisions made since September. After the P & Z recommends approval again, the next step will be approval by the City Council to submit the plan for Metropolitan Council review. City staff will work with Met Council staff on any issues that arise in that review. Ultimately, the plan will be approved by the Met Council and the City Council will adopt it. Comments From Adjacent Jurisdictions, Others As required by law, we sent out the draft plan to adjacent jurisdictions in November. We have received comments from a number of those jurisdictions and staff has recommendations on how to address them. The majority of the comments require simple clarifications. Attachment A lists the comments and the recommended actions. Draft 2030 Comprehensive Plan P & Z Board April 8, 2009 page 2 Staff Review Revisions Staff has found a number of needed clarifications or corrections to the text of the November draft document, based on other revisions and discussions that have occurred. The attached memo of March 23, 2009 from Michael Grochala to Bonestroo lists these (Attachment B). Staff is recommending these changes be approved also. Most are minor However, the statement about flexibility on the actual boundaries of the land use categories is important (# 8 on the memo). At the September public hearing, the Rice Creek Snowmobile Trail Association asked for recognition of the trails they manage. A statement will be added to the parks and trails plan in chapter two and the transportation plan in chapter six. Revisions to Goals, Policies, Land Use Categories, and Staging Discussions by the City Council, including the January meeting with the Advisory Panel, resulted in several important revisions since the November draft document. 1. The Growth Management Policy was revised as follows: • To more closely monitor and manage growth, the 10 -year staging areas were further divided into 5 -year phases. Stage 1 (2008 -2020) is divided into 1A 2008 -2015 and 1B 2015 -2020 Stage 2 (2020 -2030 is divided into 2A 2020 -2025 and 2B 2025 -2030 These are shown on the revised Utility Staging Map (Attachment C). • Provide for an intensive Comp Plan review every five years in addition to the biannual review already in the draft policy. This will mean a review in the third year, an intense review in year five, then less intense reviews in years seven and nine, followed by the next ten -year major update. 2. Several existing, unsewered neighborhoods were removed from the staging areas. That is, the City will not plan on providing utility service to those neighborhoods until after year 2030. They have been designated Stage 3, Post -2030, on the Utility Staging Map. This also removes them from the Low Density Residential category and into the Urban Reserve category on the 2030 Future Land Use Map (Attachment D). • • • Draft 2030 Comprehensive Plan P & Z Board April 8, 2009 page 3 3. The densities in the residential land use categories were modified to the following: • Low Density Residential 1.5 — 3.5 units per acre (no change) • Medium Density Residential 3.6 — 6.9 units per acre (instead of 3.6 — 7.9) • High Density Residential 7.0 — 12.0 units per acre (instead of 8.0 or greater) • Increase the percentage of residential development of the following Mixed Use areas: Lake Dr./ Main St., and Centerville Rd..CR J. Changes 2 and 3 above result in an overall net density of 3.04 units /acre, which is consistent with Metropolitan Council Policy. 4. In the Housing chapter, Goal 5 is "Improve availability of affordable and life -cycle housing." A new policy was added: "Strive to integrate affordable housing in all residential land use districts." Landowner Requests to Revise Future Land Use Map and Utility Staging Map The discussion in September included some requested changes to the land use designations and the staging map. Since then, we received four additional requests to change the land use map and/or the staging map. They include: 1. Beecher property, 797 Main St.: Request to guide the site Mixed Use to allow for home business computer service and sales. 2. Nogai property, 1370 Birch St.: Request to bring the site into pre -2030 staging area. 3. Joyer property, Main St. west of Elbe St.: Request to bring the site into Stage 1 (2009- 2020). 4. Leroux property, 2104 64th St.: Request to bring the site into pre -2030 staging area. The attached information indicates the locations of these properties and includes information analyzing the requests as well as staff recommendations (Attachment E). RECOMMENDATION P & Z recommend City Council approval of the Comprehensive Plan, with the revisions recommended in this report and attachments. 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SCHOOL DISTRICT PAGE / CHAPTER FIGURE COMMENT ANALYSIS RECOMMENCED REVISION 1 Concur with #1 Goal: Maintain the first- No action necessary No action necessary class education that the children of Lino Lakes are receiving, while also providing opportunities for additional education for adults. 2 Would be happy to discuss any No action necessary No action necessary additional educational programs that we feel would be of interest to the community. Y O o as U U J Q a) a) O N c = (1) CO - Oar U O- a) O .O Q U 0 c a) Q Jc6 c -O 'O 3 o -0 — O 4_ N c E E O U No action necessary 0 S E 0E 0 \ 2 / 0 / 0 ki co = $ o U 2 .§ k • § // LO ' c C 002 _ 0- ca Ems/ c 0 0 / f O 03 t O co % I o- / c 77/ \ 22 G /E - < c0c o c� t.2 -k/ / §R SRF will confirm this with Anoka County § / j 0 co ƒ SRF will confirm this with Anoka County Confirm classification of CR 53 TKDA will correct. TKDA will correct the maps and figures. U) 0 § 0 % 22 Transportation Transportation Transportation Transportation > 0 / \ q CO m o / . L• as ) /k k k No action necessary e o ! _C 0 o • To o @ c c: 2 2-// I— Ea _se /���2 o s o =i ƒ _§ c > 61. k F- N -J0 § & CD f k k 0 TKDA will insert text. TKDA revise figure. TKDA will correct the maps and figures. �.2 k 0) .2 -0 / fk .0 \ @ k a. • as 0) c • 220)0 / • k = C\� _ • a) m :w Q m -o / / % (0 2 c J &E E .0 0 0 � \/ c c 0 o 0o2 (0 u- SRF will confirm the number of trips 7 • 2: �k0 ©f -0 • c \0 » CO k CO «250 0 =a /E2 a) E E k ta5 0. / E / e 0 § k / E f k § O 1- w ku) q C Ca • Ca 0 a§� k\ 532 gym£ 0 •4D E2E OE � E � o mom# n 0 k k -j Transportation Transportation k \ mm & /k q n d- m 0 w • a) a) L O _ L 0) 0 O c C Y O a) = • Oi 'y a — CN c > .0 . a -0 L a) �> a 0_•-•• 45 " C F Ca)0�2 w rnN ca) 1 � a) E � rnE c > p E O • C — a) a) > .O Oa 0 p ‘,,L) -E CO Lt z- OL-0 OOOENa) a WEc Fa p -0 (`L a) N (o cn w .1_ — _C c0 O C L U) CO a) >+ 0) a) O •N U L c U> I__>, -C 0 = 3 O 1'Q" 3Q >C1)o(moo c a) a) 0 0 0 c p w 0 7 t U L L a a)U� O�� c N p O m E }' = U .c •� .N m c •c L O ?� cd O U) U) a) c E C Y 4_ a) >, D O L p w,- 0 E N as m ) p 0 () c0 < 0 E c ca r.-' (00 0- -O U o 0_ N O N T m C a3 - p E N CO a) u) 1� 0 3Na)�c o N H M .— 0_ L W U) — -0 - Y E a) O c t c 0 ._ o a) a) O L O (0 O Q C O Y 0) O 0 c0 0 u) _ >, O •— CD a) (3 > (0 _ O C u CO t 0 (A 0 -p 0 D O (� L N V) C O a) '0 mcP c0 5. f9 O O 0 cr 0) Y _ N c a) - c C C (1) O O N N N — 0 Q c LL (U N m 0- 0) O Q To- C U -0 O O `- ((1) E t, a) v0) U F- -0 c No action necessary No action necessary L c O (0 O a) y)� 0- w > Q — o 'V U) c o 0- ei "= O a) • O C C -O >Ew 12 a) E .c = a) O C -0 O 0 (0 Q 0 0 a) O X a) N U (a EE O a) N E cu C 0 0 0 -o 0 . Y a as O E u) cu U) — o L -c N U 2 lli 0 > c E Comment 1 r_ c O Ca 0 " o a) _c rncn (2 cca L O U) 0_2 If L • c U L c0 p a) L =� U L g O (0.- a) C c u) a) p a) .a3 E E > E co) > U • c c as a) C O tea) O N O "0 co := c E c E E O U) O p _ U 0 (p a) -C C 0 05 (A 0- •— •0 0_ O cu (v) o_ c 0 0 I. r (0 LL LL N 0 N (0 0) 0 LL LL 0 M a) -D U CL 0 to CM CU c O Q 0) N L a) CL J L m O as C (1) Q 0 O O .2 a L C O a) O c U w-3 U L 0 Transportation Transportation Transportation Transportation Transportation L co L 'c 3 as a) O c uJ E •U C (a m a 0 N (v) cn O ti CO 0) // o ES Ts • % //0 1 ƒ �/ [ k . 2 E 0o \ k E S LL %>c O ai c / k / & ai c / § k § m k= -0 % \ � 0 o� / 0)/ [.2 E o o a) k LL E >c ® _ E2-o k¥$ k/� c cc &� Q c: (1) E33E §= E > c 2 8 2 =&� 2 �R �• § §\ a E£& z re 0 � k 1 e: K ƒ� I- R ° «2 =m- W w zzo D7§ -J 020 $ � �S C 2��o= k 5If < 2w .9= % § �/ LU w z�gw� �ƒf 0:1 wee °��SI-�xt £moo x �w2� >-zL� :� c w MD U) 2« R Ce ■ - » x R co - - - O o . 2J 2 wC.)0Z «■B o2 < < 0<5< a0aaWa5ao0. g 88 ƒ2 2 E 2 2 m_ o. • • to 7 (0 • \ "5 1- (0 a)o • 0) • • £ Alf 2#� 2 s k0 -a E$\ -0 0 <'■2 Transportation q Transportation n N a) 0) N L 0 0 L a) (C E O 1=3 0 0 • o O 0 c 0- o 0 m a 0 a) 0) c (0 L 0 0 L a) (0 E o .o 0 0 w 0 0 c °- oo_ 2 0 a) a) m c "0 as a) L > O 0 • L a� (5 a) ( L E 0 U o cC oa) O (n o c a Q m n. N a 0 L O — c O L 0. ca 0) 0r L • C O QO (NI U a) C a) e — 0) a)� 0 N N N N N M N a) 0) c N L 0 a) L a) as E 0 oaui c--;) 0 O c Q- mo o_ Cr cn a) a) 0 (0 a) L • 0 > L a) a L a� (a0 (0 f0 L E U o CL o o a) (-7) c o <• ma N O 0 Q N a) N a) (0 0 N O Q a) as � f6 O 9 c c 0 a) 0) c (0 L 0 a) L a) Y E o .0 0 0 0 c °- o 0 m a a 2 0 a) a) 0 c "0 CO CL) L > 0 O L 0. (aa) N Y • (0 L E 0 U 0 Ce o -c a0i — c Q m remove "Draft" from Lino Lakes RMP a) 0) O 0. 0 0. m a cn O T 0 0 L O cn a) m m2 C il X_ c a) a 0. N Co) (f) 1 Parks and Plan was well -writt n and addressed all No action necessary " ary No action necessary Trails areas of concern to the county il 2 Water Supply Suggested changes to the plan in TKDA will review the report mentioned TKDA has reviewed, no changes regards to water supply adequacy for to determine if any change is necessary needed. future development levels. i 3 Water Supply Replace all references to "Groundwater TKDA will make this change in the TKDA will make this change. Protection Plan" to read "Wellhead Water Supply chapter. Protection Plan "`' 4 Water Supply Disagree with city's contention that the TKDA will change the text to state that TKDA will change the text. z ; northern section of the city doesn't there are no 'compatible' aquifers ` have a suitable aquifer. instead of 'suitable aquifers. 5 Comm. Add text to summarize programs & Bonestroo will work with the Text has been prepared. F it acilities facilities available to residents to Environmental Services Coordinator to manage waste add text. 64 k 6 Comm. Fig. 9 -1 revise map to include location of Rice Bonestroo will work with the Bonestroo will revise figure. `' w. Facilities Creek Chain of Lakes Compost Site Environmental Services Coordinator to _ _ add the Compost Site to this figure. _ 7 Transportation pg. 6 -1 Goal 2: Rationale - consider using the This goal was written as part of the No action necessary PAGE 2 term "crash" instead of "accidents" citizen participation process, is not inaccurate, and should not be changed. 8 Transportation pg. 6 -2 Goal 6: consider removing "and rail" This goal was written as part of the No action necessary PAGE 3 since rail is a form of transit. citizen participation process, is not inaccurate, and should not be changed. 9 Transportation Fig. 6 -2 Issues Map - Consider enlarging figure Staff feels that this figure serves the No action necessary FIG 6 -3 PAGE to make easier to read. purpose it is intended for, to show the 8 location of transportation system issues. V? 10 Transportation pg. 6 -7 insert the Existing Functional - . ' - - - e- - ' • - • - . - - , No action necessary or, FIG 6 -5 PAGE Classification System Map into short clarity. It is in the full plan as Fig 6 -5 s; t ' 14 plan on page 14 11 Transportation pg. 6 -9 fix typo by removing redundant text SRF will remove the redundant text as SRF will remove the redundant text as PAGE 12 (CSAH 32 is listed twice) commented. commented. 12 JEFF PAGE 12 make correction: 62n6 Street. not SRF will revise the text as commented Via; COMMENT 62nd Avenue" c m w N a) 0) C CO L U 0 C a) a) w co Q a) 0 v a) H c (5 a)ci) C O a) C U C E a) o 0) 0- � N a) -C U 3 � a)ca aa) • a) D o � O 0 a CO N a 0 0 a) co M O L 0 (o "o O O L_ V) 3 .� E 3 _ (o o E • ('n o axi ().�. C > -0 m w (o 05 N O E (6,� • c o� O. .N m o 0 CO 7 fo O > • N a) U U Q • a) E E 'r) O LL a) N a) 0) (o CO E O 0 a) a)'- C .a O 0 (n 0 t L y 0 U a) • (n 3 8 O a) o_ ow° O E0 c • O� O C -0 m W a) U a) O i; c 0 Q 0 0 a) a) 0) Y U J c 0 c Q ( co _c E 0 0o) a) L• U 0) LL a) E E U Li a) 0) c L • O fo r-. ,c2 U 0,d) 0- m 0 C C • o_ O CO 13 d C co 5 (o 3 � � oaco oc (1) O 0 H U .� a) L 0)=6 N C O a) 0 N U U (0 0 0 I (0 a) a) N c O co 1 • U o L- O IR • W CD a) 0) — C L O .0) o-gg o C c • o +) C O t o (n N U Q C (5 U (o Ws a o 0) c j (n O 0 t•`N a) H 'U •c 12 C (o _ 0) (1) C c O N E "E O O O O c O • •N U .- (0 L To 0 C C� •u) co W 0 CO O) O _c O O To C c O (0 Q c 2 LL a) c T N U) . w a) as - 9- -C N a)Nc (o N as .c 0 n N (o .-. X a) c (o C c) a a) a) L a) > O E t 5) c 3 a) • E E o (0 a) X C (o c 0 0 a) L a) O L LL E U) U X ate) c (o 0 C 6• a) a),0 o) • C O to E= ,(1) • M 0 0_ Q X N • • • .,,, , : --,K‘,,i, ;„,- . r.?,,,7: /A> -1, ' ;',--,t-,/'% i) ,,-.\ ',', AN,'N , > „ `;• ''''ie, ,,, ,.. 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' - ,e'sX:mi,1,,,*', „-ik ' ,,,, ,, ''''',, ;',.',,, % , ,,,' 1., ,,' ,<,,..; ,(0,4, vv., „.„., „z.,...„ ,,,:1,/ ,„, , , ,, , ,,, , ,„:,,,,,„,,,;.„... , ‘,„4,,,,N,„ ,:s„:. ,4. „:,„„, :4 ..,, :,,,, „..,„, „: „,:4 :: a:. ,:::,,,, ,,,, . 3-:rfns:O:t111;;i:1:4)171Pig'.- 1;110 '''14"f■Ai!14:0 : Arterials: I confirm iitll County SRF ' will confirm the future daepspigpnrpaitpiognly. pAfncoRka53Co(suuntnysecot Anfvirempeude)thweiliepxateansion FIG 6-6 PAGE the future designation of CR 53 (Sunset with the County and amend 16 Ave) - adjust accordingly future counuClassification tryroad. Anoka County will c with their consistency n sfi Ism t efnuct y future w "B" Minor Arterials: revise text to refer SRF will revise the text to reflect the SRF will revise thetexttoplanoni 14 Transportation pg. 6-11 note the PAGE 15 to the future classification of CSAH 34 CSAH 34 study that has already begun. page 31) uCnSpAeHrw3a4y(aBpirpcthhSattrteheet)fusttuurdayfcuunrprteipnptlayl 11 to be a result of the Corridor Study (note model language on pag it classification and future lanes needs part %,, 'i. will be developed as a ','e, ofofrthCaStAstH 4ud3y. ... r 4., 15 JEFF'S PAGE 18 BULLET PARAGRAPH UNDER SRF will revise the text as commented. COMMENT "Anoka County" DESCRIBES CSAH .0: 14 PROJECT: MAYBE UPDATE -4, I REFERENCE TO COMPLETION IU DATE 16 JEFF'S PAGE 19 IN "COORDINATION" PARAGRAPH, SRF will revise the text as commented. A.* COMMENT AFTER 'ANOKA COUNTY' ADD ''. RAMSEY COUNTY 8 WASHINGTON / COUNTY: WE SHARE BORDERS/ROADS (.' '.$, 17 JEFF'S PAGE 26 • ri BULLET IN LIST AT BOTTOM SRF will revise the text as commented. COMMENT OF PAGE, ROADS TO EXCEED CAPACITY IN 2030: ..,-,. K CSAH 32 — from the west city , limits to future extension of . Shadow Lake Drive West • 8th BULLET: CR 53, not CSAH 53 .-:-, 18 JEFF'S PAGE 29 • 1s( BULLET IN LIST OF ROADS SRF will revise the text as commented. IA COMMENT 'APPROACHING CAPACITY BY ; 4; 2030': ,6-' CSAH 32 — from future extension of Shadow Lake Drive West to a new.... N ,c cn m O t M c m o c c_ O O a .c m o [Q -0(0 a� m O, oh W a 1- u . W O CD • N W O a 1- WO CO • • o> W a CO co —_ ca) ° —� p 0 XN.c p 0 XNL— '` m0 • "'3 Cr) a)N oa) to N > " °) a) > p) .- O N a o. O c (0 N o a 0_ O 00 c c c o O cy) E 0) .E = o a) p +. 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W 0 CL • ATTACHMENT B P & Z 4/8/09 MEMORANDUM DATE: March 23, 2009 TO: Ciara Schlichting, Bonestroo FROM: Michael Grochala, Community Development Director RE: 2030 Comp Plan Revisions Staff has reviewed the draft 2030 plan and have the following changes /revisions: II1. Pg. 2 -31; 4th paragraph, last sentence. We believe figure reference should be Figure 2 -8. • 2. Pg. 2 -33; Clarify what text is amending Park Plan (May want to format differently). Please reference section/page of Park Plan amended. 3. Parks section should include statement regarding snowmobile trails in the trail system plan. 4. Parks section should include implantation items listed in Chapter 11. 5. Pg. 3 -11; Change densities in table 3 -2 6. 3 -15 Change densities in Medium Density and High Density paragraphs. 7. Pg. 3 -13 & 3 -24: Revise maps 3 -3 (Land Use Plan) and 3 -4 (Staging Plan) to reflect phasing and land use changers per City Council and CPAP joint meeting. 8. Pg. 3 -14; Insert land use district flexibility language (Sent by Jeff on 2/11/09) "While establishing the importance of the 2030 Future Land Use Map, it's important to acknowledge the realities of land development. Future development may involve assembling several land parcels. Site layouts may need some flexibility to ensure efficient design and safety, especially internal circulation. In addition, natural features don't follow linear property boundaries. Because of these and other factors, the actual boundaries on the Proposed Land Use Map should be considered somewhat flexible in order to accommodate development or redevelopment proposals. For example, the City may consider averaging out different land use densities across the project site for a project that includes areas mapped for several residential land uses." 9. Pg. 3 -17; Change mixed use table (Table 3 -4) to reflect CC /CPAP changes 10. Pg. 3 -23; Revise Table 3 -5 to reflect changes in land use categories and density methodology (RR low density <10 acres). 11. Pg. 3 -25; Growth Management Policy. Insert revisions regarding 5 year intensive review and phasing. 12. Pg. 3 -27, 5th bullet change Net Density 3.04 unit/acre. Rewrite to reflect change in density calculation methodology. 13. Pg. 4 -2; Insert new goal 5 "Strive to integrate..." from CC /CPAP mtg. 14. Pg. 4 -14; table 4 -6 — Same revisions as table 3 -5 15. Pg. 4 -17; 1st paragraph, last sentence - change density 8 units /ac reference. 16. Pg. 10-5; 3rd bullet add City of Shoreview. • • • • • ATTACHMENT C jURAB • ILK 111.1•1 II ABA &LULL WM IPJUUL111.1 JEWS • • p.A.M.A.MA MMMMM =so • • w :65 • • • 11 w w.41•••111•Nr104•0w 4111111111 yja •••■ r..t.:417• ^P.t 101 • • • •• • amino' • ZAAJLLAIL1. a.umvuuNAAPLIA&LIJUINIAMILLIMJUIJAILLNI.10144./LAAMAAIALIARANKI • • • • • •• - • • • • • ••.. 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" 11114 Th- II • Otter Lake Almilligli■mm 111 V *OS 41111 .i4 Nit • • V.1%17" A IN 2030 Future Land Use Map City of Lino Lakes 2008 Comprehensive Plan Update 4,000 0 4,000 Feet =1 Municipal Boundary Permanent Rural Urban Reserve Low Density Residential Medium Density Residential INN High Density Residential MI Commercial Mixed Use Industrial Civic/Institutional Park/Open Space Private Airfield Right-of-Way Open Water Februari2T 2009 Prepaed by Bonestoo vz4ctrvabolt.GsserveriECOR6-06031-C PrOatescarplat20313buirad 1. Beecher property, 797 Main St. ATTACHMENT E page 1 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation 030 • Site is on edge of neighborhood, separated from the proposed Mixed Use area by a Low Density Residential Guide the site Mixed Use Low Density Sewered General Business separate property that is a segment of a driveway for several other lots. The driveway is to allow for home business Residential comprised of other parcels and easements under different ownership and is 1200 feet Stage 1 A (2009 -2015) computer service and sales. Stage 1 (1998 -2010) single family home on site long. This driveway serves as a good dividing line between the residential neighborhood and future commercial /mixed uses. • Recommend: Guide as Low Density Residential as proposed • Recommend: Rezone site to R -1 Residential like the rest of the neighborhood. • Recommend: Revise home occupation requirements in zoning ordinance. This would occur with amendments of ordinances to implement new comp plan. Example: home offices & small service activities allowed in residential zones with restrictions that will consider such things as maximum square footage for such activities. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP 2. Nogai property, 1370 Birch St. ATTACHMENT E page 2 2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Utilities must be brought from White Oak Road and Birch by development of small Urban Reserve through Bring the site into pre -2030 Low Density Unsewered Rural properties to west. Also would require running utilities down Joyer Lane to lot Residential Stages 1 & 2 (2009 -2030) Low Density Residential staging area. single family home on site boundary. The site would accommodate three lots, or maybe four with a small interior cul de sac and removal of existing house. The financial viability of all this is questionable without a larger utilities project serving the neighborhood. Stage 3 (after 2030) • Recommend: This would be appropriate for a future comp plan amendment for a larger utilities and road reconstruction project initiated by property owners in the neighborhood. • Recommend: Guide as proposed, Urban Reserve to 2030, then Low Density Residential. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP • • • 3.' Jbyer property, Main St. west of Elbe St. • ATTACHMENT E page 3 030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Development of this site would require utilities, increasing possibility to serve Urban Reserve through Bring the site into Medium Density Rural neighborhoods along Main St., which are in same sewer subdistrict. Stages 1 & 2 (2009 -2030) Stage 1 (2009- 2020). Residential • Removal from utilities service plan of existing older neighborhood in same sewer Stage 2 (2010 -2020) vacant subdistrict freed enough capacity to comfortably serve this site. Medium Density Residential • Access to Main St. and stubbed 81st St. (though a new Main St. access would be a right in/out street per the access management plan.) Stage 3 (after 2030) • Recommend: Include this parcel in Stage 1, 2009 -2020. (1A or 1B to be determined) • Recommend: Also include adjacent small lot with existing house (dashed outline). AERIAL PHOTO • 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP 4. Leroux property, 2104 64th St. ATTACHMENT E page 4 2030 draft comp plan request 2002 (existing) comp plan existing zoning and use analysis and recommendation • Utilities are stubbed in Clearwater Creek, but it is unknown if all of this area can be Urban Reserve through Bring the site into pre -2030 Low Density Sewered Rural served by this sanitary sewer pipe because of depth and land elevation. Two properties Stages 1 & 2 (2009 -2030) staging area. Residential to the north must develop first to bring utilities to the site. Low Density Residential Stage 2 (2010 -2020) single family home on site • Development of area would require construction of 64th St. to provide adequate access, and connection to Flora Court in Clearwater Creek neighborhood. Stage 3 (after 2030) • If this area of 70± acres with potential for 100+ lots is moved into earlier stage, should consider removing land from that stage or adding units to city forecast. • Recommend: This would be appropriate for a future comp plan amendment for a larger utilities and road reconstruction project initiated by property owners in the area. • Recommend: Add text in Planning District 3 section of comp plan discussing this area and potential for amendment if multi - property development plan is created. • Recommend: guide as proposed, Urban Reserve to 2030, then Low Density Residential. AERIAL PHOTO 2030 COMPREHENSIVE PLAN PROPOSED LAND USE MAP . • • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: April 8, 2009 TOPIC: Discussion of Outdoor Sales Lot — Seasonal /Interim BACKGROUND Staff has been approached by the owner's agent for the former Schwan's site on the southeast corner of Lake Drive and 77th Street, with the prospect of placing a landscape /garden center that would stock trees in pots or balled /burlapped as well as a temporary greenhouse structure to house smaller plants. The use would last the planting season, and then could potentially include the sale of Christmas trees over the holiday season. A rendering of the prospective use is attached. ANALYSIS The site is currently zoned GB (General Business) and the current (and proposed) comprehensive plan include it in the Mixed Use land use designation. The site has immediate access to city sewer and water and to Marketplace Drive which then intersects with Lake Drive. The zoning ordinance includes a use entitled `Commercial greenhouses and nurseries' which is listed as a permitted use in the GB (General Business) zoning district. The definition of the use is as follows: Greenhouse /Nursery, Commercial. An enterprise that conducts the retail and /or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. (A greenhouse /nursery that does not conduct retail or wholesale is considered horticulture.) That definition requires the plant products to be grown on site. This would not be the case for this prospective user. The closest permitted use in the zoning ordinance would be `Retail Business' which is defined as: Retail Business. An establishment engaged in the display and sale of products produced off -site directly to consumers within a building or portion of a building excluding any exterior display and sales. IPThe obstacle there is that the definition specifically prohibits exterior display and sales. The prospective use is therefore considered by staff to be an `Outdoor Sales Lot', which is a Conditional Use in the GB (General Business) zoning district. The zoning ordinance does not define this term, but rather defines a similar term 'Open Sales Lot', which staff considers being one in the same. That definition is as follows: Open Sales Lot. Any open land use or occupied for the purpose of buying, selling, and /or renting merchandise and for the storing of the same prior to sale. The conditions for an 'Outdoor Sales Lot' in the GB (General Business) district are as follows: Outdoor sales lots (not outdoor storage) provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.Q of this Ordinance. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. c. The entire sales lot and off - street parking area is paved. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. e. A perimeter curb is provided around the sales /parking lot. f. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. g. Materials for sale shall be displayed in an orderly manner and shall not constitute junk as defined by this Ordinance. The issue faced by the property owner and prospective tenant is that the conditions require a 1,000 square foot building, and a fully improved parking area appropriate for the use. All of which the property owner /prospective tenant consider (along with the connection to water and sewer) to be cost prohibitive. The property owner and prospective tenant would like the city to consider some relief from these requirements since this use is probably not the ultimate, final use of the site. The property owner is still seeking other development opportunities for the site. They are requesting the ability to do this use on an interim basis until final development of the • • • site occurs. The zoning ordinance does include Interim Uses, but includes none within the GB (General Business) zoning district. The purpose and intent of the Interim Use Permit is as follows: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Since the surrounding area has been developed with high quality, permanent commercial structures, a temporary/interim use like this would be quite dissimilar and not in keeping with the design standards of the surrounding uses. • In addition to the statements of purpose and intent, the zoning ordinance also includes General Standards for an Interim Use, those standars are as follows: 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. b. Conforms to the applicable performance standards of this Ordinance. c. The use is allowed in an interim use in the respective zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. As the applicable performance standards of the zoning ordinance would include appropriate parking surfaces and curb for all commercial parking areas, staff does not see any relief from those standards within the current ordinance. Additionally, as was mentioned previously in the report, the GB (General Business) zoning district does not currently allow any interim uses and the City Council would need to determine if an interim use such as this should be allowed in all portions of the city that are zoned GB (General Business). The owner's agent would still like to discuss the prospective use with the board to determine if an amendment of the ordinance would be supported. • • S89'26'22 "E --387.81-- PARCEL A 181.03 .. V,J I `I 58926'22 "E (M) —1587.48-- N. LINE —S 1/2—SE 1/4—SEC 8 206.78 ?m. `26'22 °E .`.1.97.78.. .'. 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