HomeMy WebLinkAbout09/13/2000 P&Z Packet•
CITY OF LINO LAKES
PLANNING & ZONING BOARD
AGENDA
Wednesday, September 13, 2000
6:30 P.M.
I. CALL TO ORDER AND ROLL CALL:
II. APPROVAL OF MINUTES: August 9, 2000
III. APPROVAL OF AGENDA:
IV. OPEN MIKE:
V. ACTION ITEMS:
A. Mark Pariseau, 6101 Centerville Road, Variance
B. PUBLIC HEARING, (Continue to October 11, 2000) Oasis Market,
7509 Lake Drive, Amended Conditional Use Permit
C. PUBLIC HEARING, Central Suburban Inc., 416 Lilac Street,
Conditional Use Permit and Site Plan Review
D. Deer Meadows, Dan Robinson, 407 Main Street, Site Plan Review
E. City of Lino Lakes, Otter Lake Road, Minor Subdivision
F. PUBLIC HEARING (Continuation), Ordinance 09 -00, Tree
Preservation Ordinance
VI. DISCUSSION ITEMS
A. Schedule of meetings, report packets
VII. ADJOURNMENT
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Planning & Zoning Board
August 9, 2000
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
L CALL TO ORDER AND ROLL CALL
Chair Schaps called the Lino Lakes Planning ping Board meeting to order at 6:30
p.m., August 9, 2000.
II. APPROVAL OF MINUTES — Jul
Mr. Rafferty requested a correction
discussion on the Tree Prese
then maybe it is just not sup
e his comment during the conclusion of the
ce to indicate that if all of that is required,
Mr. Zych made a MOTION to approve the revised minutes of the July 12, 2000, meeting
of the Lino Lakes Planning and Zoning Board, and was supported by Mr. Schilling.
Motion carried 5 -0.
Ms. Lane arrived at 6:32 p.m.
III. APPROVAL OF AGENDA
Chair Schaps advised that due to staff involvement in a Council workshop, the first item
for consideration will be Item F, Public Hearing (Continuation),Ordinance 09 -00, Tree
Preservation Ordinance.
The agenda was approved.
IV. OPEN MIKE
Chair Schaps declared Open Mike open at 6:33 p.m.
Planning & Zoning Board
August 9, 2000
Page 2
No one was present for Open Mike.
Mr. Schilling made a MOTION to close Open Mike at 6:34 p.m., and was supported by
Mr. Corson. Motion carried 6 -0.
Due to staff involvement at a Council worksession, Chair Schaps explained that Items F
and G would be considered first. Once staff was available, Item A would be considered.
V. ACTION ITEMS
F. PUBLIC HEARING (Continuation), Town Center Development Standards
Chair Schaps declared the public hearing reopened at 7:35 p.m.
Staff noted the Planning & Zoning Board opened the public hearing on the new standards
at the April meeting and kept it open to allow extensive discussion and public input. No
additional developers have expressed an interest in presenting information. The
Economic Development Advisory Committee met o gust 3, 2000 for further
discussion of the proposed standards and voted on ommendation. Staff advised
that their recommended revisions have been inc orate was explained that due to
the application for grant funds, it is now nece further the Town Center project.
Staff recommended the Board adopt the a dorse M w t statement as outlined in the staff
report. Staff explained that once the stan e dorsed, the Metropolitan Council
will be so advised and the grant funds qu . taff noted the revisions have been
identified in the standards by strike u rlined wording as well as the inclusion of
an index of revisions made. .
Mr. Corson asked if the are
Smyser stated that is correct, t
changed.
have not changed from the initial discussion. Mr.
boundaries of the Town Center have not been
Mr. Corson noted a previous presentation related to integration of housing densities and
asked if that would be implemented on the north side as well. Mr. Smyser presented a
map of the Town Center and noted the language revision from a restrictive statement on
the Land Use Plan to indicate the boundaries shown on the land use plan are approximate
and that as long as the development conforms to the regulating plan, boundaries may
change based on detailed site analysis. Mr. Smyser identified the land area that was
included in the concept submitted for the Livable Communities Grant. He noted the
overall residential densities will need to be maintained, however, the boundaries of those
densities are flexible.
Mr. Corson asked if the grant would apply to the entire area. Mr. Smyser pointed out the
southern area where the grant would be focused and stated he is unsure if those funds
could be transferred to the northern area.
Mr. Zych reviewed the language revision on Page 12 and asked if the bank and clinic
were included in the Highway Commercial zone. Mr. Smyser pointed out the location of
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Planning & Zoning Board
August 9, 2000
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those uses and stated they would be changed to Highway Commercial on the map since
those uses were similar to the uses designed for vehicle access rather than pedestrian
access.
Mr. Zych asked about the Rehbein property which is also identified to be added to the
Highway Commercial District. Mr. Smyser pointed out the Rehbein property located to
the south of the bank and clinic which would be changed to Highway Commercial since it
abuts the highway and would likely be designed primarily for vehicle access..
Mr. Zych asked if the County wants additional access for the highway. Mr. Smyser stated
the County will not allow another access to Lake Drive. Mr. Zych asked if the plan
indicates there will be limited access to these Highway Commercial parcels. Mr. Smyser
pointed out the access locations from Lake Drive, noting this is under County jurisdiction.
However, access from City Streets is a City decision.
Mr. Schilling asked what the next step is if the standards are endorsed. Mr. Smyser stated
it would be presented to the City Council with a recommendation that they approve the
same endorsement statement. Public hearings woul scheduled with the Board in
September and then returned with a recommenda p e City Council. He stated the
commercial areas were highlighted by most as
residential areas would be easier to revise sin
Mr. Smyser stated they will still need to re
there are not too many restrictions or unre�
rezoning process would then follow.
Ms. Lane asked if Mr. Fefercorn
the Town Center. Mr. Smyse
the Town Center idea of re
exit ramp with a double purpo
Town Center. Mr. Smyser stated
negotiations have not concluded.
co rns and he believed the
are less design and access issues.
ublic streetscape issues to assure
ctations. He stated the official
o ging direct access from the interstate into
hat Mr. Fefercorn had suggested "stretching"
freeway entry ramp to align with the northbound
g served to either enter the freeway or enter the
aff has debated that option with MnDOT but those
Mr. Rafferty commented on the need to assure, as the City grows and the needs of the
citizens are met, that the correct foundations are laid so a mistake is not made. He stated
staff and the consultants deserve a lot of credit for the documents they drafted. However,
while staff is comfortable with the standards and funding is being requested from the
Metropolitan Council, he thinks the City is trying to put a stamp of approval on a
document that is not, as yet, complete. Mr. Rafferty stated it may cost some dollars to
assure the document is properly completed but he would support a continuation until all
issues are "wrapped up." He stated he still has questions and does not believe he has
been given enough time to raise those questions or debate the issues involved.
Mr. Smyser stated staff's concern is funding of $1.5 million and if the opportunity is lost,
it would be a large impact. He stated staff is not requesting formal adoption but, rather,
an endorsement. Mr. Smyser stated it is very clear this is in no way a final stamp of
approval but the indication would be support for this direction and concept. He asked if
the Board would like to revise the language of the suggested endorsement. Mr. Smyser
Planning & Zoning Board
August 9, 2000
Page 4
reported that Lino Lakes' grant was highly ranked by the Metropolitan Council and the •
final funding decision will be made next month.
Mr. Rafferty suggested that continuing the public hearing would not result in a formal
approval but would show support of endorsement. He asked if the Metropolitan Council
requires the document to be finalized and stated the Board met for two and one -half
months several times to discuss these issues and held public hearings on the town center
but made no major changes were made. Mr. Rafferty stated he felt the presentation by
Mr. Fefercorn took the project intention in another direction.
Mr. Wessel clarified nothing improper is being done and staff is not suggesting adoption
but, rather, endorsement. He explained this is the public input portion of the process and
the City has been following a very public process with the grant application. However,
the work is behind schedule and this issue needs to be moved forward. Mr. Wessel stated
the planning funds to develop these standards makes it possible to be eligible for the
implementation funds. The review for the implementation grant is currently underway
and would totally fund the implementation of the livable communities regulations. Mr.
Wessel stated in early September, the next cut will b ade in the grant funding, advising
that the Lino Lakes grant is currently ranked num. E .. He stated he believes the Town
Center is vital and the staff request is for an ind' ion o ection which can be
presented to the City Council. He noted that ents can continue to occur to the
standards, even following the Council's e
Chair Schaps agreed the consideratio �a fo�`•orsement only, noting the zoning
ordinance will be presented before •:_ 'or to adoption which will provide another
forum to raise the valid concerns t e en expressed tonight. He suggested the
endorsement statement be rev s; ate the endorsement is of the "preliminary and
draft" Town Center standar the City may revise specific "language and"
requirements.
Staff indicated the suggested language would be acceptable.
Chair Schaps stated while he is comfortable with the basic framework of the standards,
there are issues that remain unresolved, such as the sign regulations.
In response to Mr. Zych, Mr. Wessel explained that the Comprehensive Plan was to have
been adopted by December of 1998, however that has not occurred. He stated that while
it would be best to have the Comprehensive Plan in place prior to ordinance amendments,
that may not occur and this process needs to move forward.
Ms. Lane indicated her support to endorse the standards. She asked if the normal process
would be followed for these considerations, to assure the Board is included in that
process. Mr. Smyser stated the Board will be included in that process. Ms. Lane asked
that the Board receive updates as that process is followed.
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Planning & Zoning Board
August 9, 2000
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Mr. Schilling stated he does not believe an endorsement will "tie the hands" of the Board
but, rather, this is in the schematic and design phase for the final document. He indicated
support for endorsement.
Mr. Rafferty stated he would like to clarify that there was nothing in his statements to
indicate something improper was being done. He stated he fully endorses what the staff
has done but Page 3, the summary of recommended changes to the Town Center
Standards, was not received until the meeting packet arrived and he would have
appreciated receiving the information ahead of time so there was enough time for review
and to ask questions. Based on that and rewording of the endorsement, he indicated he
would support endorsement.
Chair Schaps asked if anyone would like to make comment.
Ms. Lane made a MOTION to close the public hearing at 7:17 p.m., and was supported
by Mr. Corson. Motion carried 6 -0.
Mr. Corson made a MOTION to endorse the prelim
as recommended by staff with the understanding t
language and requirements in the standards. (T
temporarily pulled from the standards for furt
of the process for amending the City's zo
Town Center zoning district, and was sup
and draft Town Center standards
City may revise specific
a andards [Section 3.8] will be
ew.) Revisions would occur as part
ce to include standards for a new
s. Lane. Motion carried 6 -0.
G. PUBLIC HEARING, (Co .;j.„ 'o , rdinance 09 -00, Tree Preservation
Ordinance
Chair Schaps declared the p
reopened at 7:20 p.m.
Staff reviewed the Board's past c sideration of the proposed Tree Preservation
Ordinance. He reported that after the last meeting, staff analyzed a hypothetical
development with regard to the requirements of the draft Tree Preservation Ordinance.
The site analyzed is about 7.7 acres including road right -of -way and 17 lots. Staff
presented their findings and recommended the public hearing be continued to allow staff
to pursue this analysis further for presentation at the September meeting.
Ms. Lane made a MOTION to continue the public hearing to September 13, 2000 to
allow the staff to complete its analysis and recommendation, and was supported by Mr.
Schilling. Motion carried 6 -0.
Mr. Smyser thanked the audience for their patience, noting staff is now available to
present the staff reports for Items A -E.
A. Steve Benesch, 8251 Lake Drive, Minor Subdivision
Staff presented the application by Steve Benesch for a minor subdivision at 8251 Lake
Drive that would add a 1,777 square foot triangle (24' x 144') to his existing parcel of
property in order to correct an encroachment onto the neighbor's property created when a
Planning & Zoning Board
August 9, 2000
Page 6
garage slab was placed over the property line. The property owner at 8255 Lake Drive
has a "flag lot" with 2.35 acres and has agreed to sell this triangular parcel to the
applicant. The applicant's parcel is .72 acres in size and the driveway is located on the
northerly side of the 50 -foot strip of property. Staff noted the location of the mature trees
and septic system and recommended approval of the minor subdivision with the four
conditions outlined in the staff report.
Chair Schaps asked the applicant if he would like to make comment.
Steve Benesch, applicant, stated his neighbor is in full support of this request. It was
noted that Dave Stoppelman was present in the audience to comment, if needed.
Ms. Lane made a MOTION to approve the request of Steve Benesch for a minor
subdivision at 8251 Lake Drive that would add a 1,777 square foot triangle (24' x 144')
to his existing parcel of property in order to correct an encroachment onto the neighbor's
property, with the following conditions:
1. Proper building permits are issued prior to
2. The minor subdivision shall be recorded wi
any building permits.
3. Additional right -of -way shall be deed
reconstruction of Lake Drive if re • _ 'red
way shall be dedicated from Mr.
building permits.
4. No park dedication shall b
dditional construction.
ka County prior to issuance of
oka County for the future
e County. This additional right -of-
operty prior to issuance of any
h this minor subdivision.
The motion was supported by .,_��` °. y. Motion carried 6 -0.
B. Steve Kraus, 8025 W ck Trail, Variance
Staff presented the application by Steve Kraus for a variance to allow the construction of
a 40' x 40' (1,600 sq. ft.) detached garage in front of his home at 8025 Wood Duck Trail.
The property is zoned Rural and guided for low- density unsewered residential
development in the draft Comprehensive Plan. According to the Zoning Ordinance, Mr.
Kraus is allowed a total of 3,600 square feet of accessory building space on his 3.25
acres. Construction of this proposed structure will bring his total accessory building
space to 2,384 square feet which is well within the requirements of the Ordinance. The
Zoning Ordinance also provides that "No detached accessory structure shall be closer to
the front lot line than the principal building or its attached garage." Thus, the variance
requested is to allow the accessory building in front of the principal building. Staff
pointed out the location of the trees on this lot and presented the rationale required to be
found when considering a variance. Staff advised that Wood Duck Trail was added to the
MSA system so if reconstructed to those standards, an additional ten feet of right -of -way
would be needed at that time. Thus, the request for the garage to be relocated an
additional ten feet towards the west. Staff recommended approval subject to the two
conditions outlined in the staff report.
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Planning & Zoning Board
August 9, 2000
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• Chair Schaps asked the applicant if he would like to make comment.
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Steve Krause, applicant, stated he did not know the right -of -way was an issue until he
received the staff report. He stated he understands the reason for this request in case the
roadway is improved but he is not necessarily in agreement due to the location of his well
and low drainage area. Mr. Krause stated the proposed location is higher in elevation so
he would prefer that it not be relocated.
Chair Schaps explained the concern of the City to assure the garage meets the required
setbacks should the roadway be improved and widened. He asked if meeting this
requirement will be a problem.
Mr. Krause stated he has placed 32 dump loads of dirt in his proposed location and more
fill would be needed to relocate the garage. Also, trees would have to be removed to
assure proper drainage is maintained. Mr. Krause stated the driveway area has also been
filled.
Ms. Lane asked if it is feasible to drive over the area a well. Ms. Wyland stated a
distance needs to be maintained from the location ell.
Mr. Schilling asked if this size of garage is ne
heated, and used for his wood working ho
been completed in preparation for the con
r. Krause stated it is, it would be
ted all of the fill and grading have
Mr. Krause reviewed his work wit _ + learn the setback requirements prior to
purchasing the property in Janu. ,`I s. s. Wyland stated the general information
was provided over the teleph� s``s a plan was not provided and Mr. Krause was not
told that the accessory build ;., of be placed in front of the house.
Mr. Rafferty asked if a concern is e establishment of a precedent for future similar
requests. Chair Schaps stated that is a concern.
Ms. Lane made a MOTION to approve the request of Steve Kraus for a variance to allow
the construction of a 40' x 40' (1,600 sq. ft.) detached garage in front of his home at 8025
Wood Duck Trail, with the following conditions:
1. Proper building permits are obtained prior to any construction.
2. The accessory building is located 50' from the current front property line on
Wood Duck Trail.
The motion was supported by Mr. Corson. Motion carried 6 -0.
Since City Engineer Powell was not available, staff requested that Item D be considered
next. Item C will be considered when Mr. Powell is available.
Planning & Zoning Board
August 9, 2000
Page 8
D. PUBLIC HEARING, (Continuation), Twin City Fabrication, 295 Apollo
Drive, Site Plan Review and Conditional Use Permit
Chair Schaps declared the public hearing reopened at 7:47 p.m.
Staff presented the application by Twin City Fab, Inc. for Site Plan Review and
Conditional Use Permit for construction of a metal fabricating business in the private
Apollo Business Center. Some outdoor storage on a limited basis will be needed which
requires a Conditional Use Permit. The Planning & Zoning Board considered the project
at the July 12, 2000 meeting and continued the public hearing for the CUP. The applicant
has submitted a revised grading and utility plan. Staff reviewed their analysis of the
building and site issues and noted the requirements that must be met to consider a
Conditional Use Permit. Staff recommends approval subject to the 11 conditions as
outlined in the staff report.
Chair Schaps asked the applicant if he or his engineer would like to make comment.
Gary Nordness, representing the applicant, stated the gree with staff's
recommendations and the engineering plan submi includes curb and gutter. He
stated they would like to discuss the Environme i Bo recommendation for prairie
grass in the natural areas. He stated they are esting this recommendation but
would like consideration of what they sub r +'tte• .q explained this company is growing
at about 20% a year and it is expected an . ill be needed in the future. Since
the City does not have a formal ordin ing prairie grass in the industrial areas,
the applicant is requesting manicu i`:;; ront of the building. He stated the
applicant is environmentally consc as dedicated the entire rear area as prairie
grass. Mr. Nordness stated st .: z very cooperative in working through this
process, which they greatly
Mr. Smyser stated existing buildins along Apollo Drive currently have manicured lawns
but the Environmental Board has recommended some native prairie plantings on these
two sites. He advised that staff is recommending approval of the plan as submitted.
Mr. Nordness estimated the area of manicured lawn to be approximately 15 feet in width.
Upon inquiry, he reviewed the status of the surrounding properties.
Mr. Corson asked why prairie grass is being recommended rather than flowering species.
Mr. Smyser stated the Environmental Specialist and Environmental Board have
considered this plan and that is their recommendation. Mr. Corson reviewed the
problems experienced with a Vadnais Heights property due to the need to burn off the
plantings every several years.
Cliff Reeder stated the first time he came to City Hall, he questioned when the
landscaping would be completed. He stated he is spending a lot of money on this
building and many of their customers come to the site on a daily basis so he would prefer
to have a manicured appearing front lawn. Mr. Reeder stated his concern with the
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Planning & Zoning Board
August 9, 2000
Page 9
• management of native prairie plantings since the City has not presented a clear plan in
that regard.
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Mr. Nordness stated the front lawn area will be irrigated and the landscape architect and
Environmental Specialist have recommended that the area of natural plantings not be
irrigated.
Ms. Lane noted staff's recommendation does not refer to a requirement for prairie grass.
Mr. Smyser advised that the planting schedule is listed on the landscape plan. Ms. Lane
stated her agreement that a native front lawn would not fit well with an industrial area.
Mr. Schilling asked if galvanizing will occur on this site. Mr. Reeder stated they do no
finishing in their building.
Mr. Corson made a MOTION to close the public hearing at 8:05 p.m., and was supported
by Mr. Schilling. Motion carried 6 -0.
Ms. Lane made a MOTION to approve application b win City Fab, Inc. for Site Plan
Review and Conditional Use Permit for constructs u metal fabricating business in the
private Apollo Business Center, based on the r ' al e c • ` ``:a 'ned in the staff report and
with the following conditions:
1. A shared driveway agreement for 7o Apollo Drive must be submitted
for review and approval by th . , sty neer and recorded with the County.
2. An 8' chain link fence shal d storage area and ivy planted on the east
and west sides of the fence g ea.
3. Approval of the site p , itional use permit is not an implied approval of
signage. All signs r n permit and must comply with the sign ordinance.
4. Twenty -nine (29) parks ' s shall be constructed as shown on the site plan,
with additional area availa► e as shown as "proof of parking" on the site plan. If
the City determines parking is a problem, the property owner shall construct
additional parking.
5. The paved truck maneuvering area shall have curb around the perimeter.
6. All permits required by the Rice Creek Watershed District shall be obtained prior
to grading.
7. Final utility, grading, and drainage plans must obtain approval from the City
Engineer.
8. The City Engineer's concerns, included in the TKDA memo of July 29, 2000,
must be addressed to his satisfaction.
9. Park dedication shall be paid per City policy.
10. Any additions to the building will require a new site plan review and, possibly, an
amendment to the storage CUP.
11. Proper building permits must be obtained prior to any construction and 1% of the
construction costs must be put in escrow to insure completion of all site
improvements. Fire suppression sprinklers are required.
12. Removal of the requirement for native plantings on the Apollo Drive frontage.
Planning & Zoning Board
August 9, 2000
Page 10
The motion was supported by Mr. Schilling. Motion carried 6 -0.
C. PUBLIC HEARING, (Continued) Gary Uhde, Apollo Business Center,
Conditional Use Permit — Dirt Stockpile
Chair Schaps declared the public hearing reopened at 8:09 p.m.
Staff explained the project was originally considered by the Planning and Zoning Board
on July 12, 2000, but the Public Hearing was continued. Since that time, the applicant
has submitted additional detail and revised plans for the City's consideration. Staff
presented the request of G.M. Development (Gary Uhde) for a Conditional Use Permit to
develop an area known as the Apollo Business Center located east of Jon Avenue,
between the 74th Street alignment and I -35W. It was noted that in order to provide fill to
be sold to the Apollo Drive contractor, borrow pits were created in the Apollo Business
Center. It was expected these pits would be later utilized as storm water pond sites. In
order to modify the location of the excavations, and to provide fill for the proposed
building sites on Parcels D and E, the developer expects to move in excess of 80,000
cubic yards of material. Section 12B of the City's Z•a `' g Ordinance states "When five
thousand (5,000) or more cubic yards of material i _ °' .s,, emoved or deposited on any lot
or parcel, a Conditional Use Permit shall be re d " presented their analysis of
the request and recommended approval subje seven conditions outlined in the
staff report.
Chair Schaps asked the applicant if h hi to er would like to make comment.
John Johnson, representing the ap. - _. ained that Mr. Uhde is out of town and not
able to attend. He thanked st ork on this application and advised that
requirement for rock or wo •> 'ps _ r now included on their plans. He reported that
three more people have expres rest in this development so he expects to be
returning with those requests in th`- near future.
Robert King, 198 Marvey Street, stated he lives adjacent to this site, on the west side. He
stated his concern to maintain the berm strip that was discussed years ago when this was
first zoned and that trees be planted on either side of the berm, not just on top of the
berm, and that it be maintained.
Mr. Johnson stated they were required to berm and screen the single family homes to the
west and landscaping would be implemented as part of the site plan as the parcels
develop, not at this time. However, they would put the earthen berm in place at this time.
He reported that the Environmental Board recommended, after much discussion, that
landscaping would be a better solution than a berm. However, the applicant does not
think that would adequately screen headlights.
Mr. King stated his main issue is to assure the berm is installed to prevent vehicle
headlights from shining onto his property.
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Planning & Zoning Board
August 9, 2000
Page 11
Mr. Powell stated the trees and landscaping of the berm is beyond the scope of the
Conditional Use Permit under consideration. However, that can be addressed during
consideration of the individual site plans.
Ms. Lane made a MOTION to close the public hearing at 8:19 p.m., and was supported
by Mr. Corson. Motion carried 6 -0.
Ms. Lane asked about the comment of Mr. Johnson pertaining to rock and woodchips.
Mr. Powell stated the City received a submittal after the meeting information had been
sent so that condition may have been satisfied.
Ms. Lane made a MOTION to approve the request of G.M. Development (Gary Uhde) for
a Conditional Use Permit to develop an area known as the Apollo Business Center
located east of Jon Avenue, between the 74th Street alignment and I -35W, with the
following conditions:
1. A rock construction entrance must be included for erosion control. Location and a
detail are needed.
2. The permit must be acquired from the Ric y' Watershed District.
3. Any grading activity, including any hau of m ials, is restricted to the City's .
allowed working hours as follows:
Monday- Friday 7:0 . to 7:00 p.m.
Saturday ? .. . to 5:00 p.m.
Sundays/Holidays e working hours allowed
4. Provide a schedule, include n dates, for proposed grading. Interim
completion dates can be us 1` ° e development sites.
5. A Letter of Credit wil running to the City equal to 150% of the
construction cost.
6. An escrow deposit to r "Y e the City for the cost of periodic site visits would
be required.
7. Any work in the right -of -way requires approval from Anoka County.
The motion was supported by Mr. Rafferty. Motion carried 6 -0.
D. PUBLIC HEARING, (Continuation), Twin City Fabrication, 295 Apollo
Drive, Site Plan Review and Conditional Use Permit
This item was considered earlier in the meeting.
E. PUBLIC HEARING, (Continuation) Marmon Keystone, 265 Apollo Drive,
Site Plan Review and Conditional Use Permit
Chair Schaps declared the public hearing reopened at 8:23 p.m.
Staff presented the application by Marmon Keystone for Site Plan Review and
Conditional Use Permit. The Planning & Zoning Board considered the project at the.July
12, 2000 meeting and continued the public hearing for the CUP. The business processes
Planning & Zoning Board
August 9, 2000
Page 12
metal pipe and tubing. Some outdoor storage of pipe, tubing and other material will be
needed, which requires a conditional use permit. Staff presented their analysis of the
application and findings required for consideration of a Conditional Use Permit. Staff
recommended approval subject to the 12 conditions as outlined in the staff report.
Chair Schaps asked the applicant if he or his engineer would like to make comment.
John Johnson, representing the applicant, stated they have one issue related to the
requirement for prairie grass. He presented the site plan, noting there is less impervious
surface on this site but it is used for infiltration basins on either side of the buildings. Mr.
Johnson stated the applicant's concern is how to maintain prairie grass alongside of the
building since it cannot be burned off. However, the applicant is willing to maintain
prairie grass in the rear ponding area.
Paul Nolan, construction manager for the project, reviewed the area alongside the
building and abutting Apollo Drive which will be sodded and maintained. He stated a
landscape plan was submitted which identifies significant plantings along the roadways,
that will be truck irrigated the first year.
Chair Schaps asked what this applicant does. ow stated Marmon Keystone is a
pipe distributor and is currently located in Lit da in 30,000 square feet.
Mr. Rafferty inquired regarding the propo *s •.�� storage and how it will be screened.
Mr. Johnson stated the storage area w be .a.3 +t 0,000 square feet, considerably less
than would be allowed, and would d ` 'th chain link and planted with ivy to
provide screening.
Ms. Lane asked where the n ings would be located. Mr. Johnson pointed out
areas behind the driveway and = ; ' ` the erosion control along the pond bank.
Mr. Rafferty stated his concern is that a smaller manicured area is being proposed for
irrigation but the larger manicured area is not being proposed for irrigation. He stated his
concern that the un- irrigated area will not be properly maintained if irrigation is not being
installed. In this case, he suggested that prairie plantings may be a better option since it is
not being irrigated.
Mr. Nolan asked about the difference in appearance of native prairie grass and a
manicured lawn area He stated they would use a grass mix that is conducive to the soils.
present.
Chair Schaps asked if the proposal is to use a thick bladed grass. Mr. Nolan stated they
are working with City staff to assure the right grass type is selected and will till and
incorporate black dirt into the top soil.
Mr. Johnson stated they will be looking for a drought tolerant grass seed which may go
dormant but not die. He stated the applicant's concern is how to maintain a prairie grass
planting if it cannot be properly burned off.
•
•
•
•
Planning & Zoning Board
August 9, 2000
Page 13
Chair Schaps noted the great variety and number of trees being proposed, which are
expensive varieties.
Mr. Schilling concurred and noted this plan proposes more extensive plantings which
may offset the concern of aesthetics.
Mr. Schilling made a MOTION to close the public hearing at 8:39 p.m., and was
supported by Mr. Corson. Motion carried 6 -0.
Ms. Lane made a MOTION to approve the application by Marmon Keystone for Site Plan
Review and Conditional Use Permit, with the following conditions:
1. A shared driveway agreement for the access to Apollo Drive must be submitted
for review and approval by the City Engineer and recorded with the County.
2. Approval of the site plan and Conditional Use Permit is not an implied approval
of signage. All signs require a sign permit and must comply with the sign
ordinance.
3. Twenty -nine (29) parking stalls shall be co d as shown on the site plan,
with additional area available as shown futur king if required" on the site
plan. If the City determines parking i em, the property owner shall
construct additional parking.
4. The recycling bin must be screen ``'
y g � �; � n of screening must be submitted for
staff review before City Coun ap
5. Shoebox lighting fixtures s' e ' An additional fixture shall be added to
light the western portion o e area
6. The paved truck mane < shall have curb around the perimeter.
7. Outdoor storage rac be railroad ties or creosote- treated or penta - treated
wood.
8. The City Engineer's conce s, included in the TKDA memo of July 28, 2000,
must be addressed to his satisfaction.
9. All permits required by the Rice Creek Watershed District shall be obtained prior
to grading.
10. Final utility, grading, and drainage plans must obtain approval from the City
Engineer.
11. Park dedication shall be paid per City policy.
12. Proper building permits must be obtained prior to any construction and 1% of the
construction costs must be put in escrow to insure completion of all site
improvements. Fire suppression sprinklers are required.
13. Removal of the native planting requirements except for the north and east portions
of the site.
The motion was supported by Mr. Schilling. Motion carried 5 -1 (Corson).
Mr. Corson stated his support for requiring irrigation along Apollo Drive.
Planning & Zoning Board
August 9, 2000
Page 14
F. PUBLIC HEARING, (Continuation) Town Center Development Standards
G. PUBLIC HEARING, (Continuation) Ordinance 09 -00, Tree Preservation
Ordinance
These items were considered earlier in the meeting.
VI. DISCUSSION ITEMS
None.
VII. ADJOURNMENT
Mr. Schilling made a MOTION to adjourn the meeting at 8:43 p.m., and was supported
by Mr. Rafferty. Motion carried 6 -0.
Respectfully submitted,
Carla Wirth, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
•
•
•
AGENDA ITEM V A
STAFF ORIGINATOR: Mary Kay Wyland
MEETING DATE: September 13, 2000
TOPIC: Mark Pariseau, 6101 Centerville Road, Variance
DESCRIPTION:
This case involves a request to construct a 24 x 24 detached garage 21.5 feet from the
front property line, 2.5' behind the existing home. The property has an address of 6101
Centerville Road with the home facing Co. Rd. J. /Ash Street and being located 19.5 feet
from the front property line. The property is Zoned Rural and located on a collector
roadway requiring a front setback of 40'. The lot is considered to be a pre - existing non-
conforming lot of record due to the front setback and the lot size which is approximately
150 x 227 (10 acre minimum required).
There are four other properties west of this site that are also less than 10 acres in size with
varied front setbacks. According to the Zoning Ordinance, Sec. 3, Subd. 3.D.2.a. "Front
Setbacks. Where principal buildings or adjoining lots existing at the time of adoption of
this ordinance have a lesser setback from that required, the required front yard setback of
a new structure shall not be less than the average front yard of the adjacent buildings on
each side lot for four hundred (400) feet and in no case shall be less than twenty (20) feet.
This would allow the applicant to construct the proposed garage 68' from the centerline
of Co. Rd. J. or 35 feet from the front property line. The applicant is asking to construct
the garage 21.5' from the front property line for a variance of 13.5', according to Sec. 3,
Subd. 3.D.2.a.
Findings of Fact. In considering all requests for variance or appeal and in taking
subsequent action, the City shall make a finding of fact:
1. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
2. That the plight of the landowners is due to physical circumstances unique to his
property not created by the land owner.
3. That the hardship is not due to economic considerations alone and when a reasonable
use for the property exists under the terms of the ordinance.
4. That granting the variance requested will not confer on the applicant any special
privilege that would be denied by this ordinance to other lands, structures, or
buildings in the same district.
5. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Staff has reviewed this request and would comment that there are some hardships
involved in this case. The applicant has a mound type septic system behind the home
with a slight drainage swale in front of the system. Locating the garage according to the
setback requirement may hamper this drainage swale and place the building too close to
the septic system. The setback for a building from a septic system is 20', the garage, if
constructed at the 40' setback line, would be approximately 6' feet from the base of the
system. There is also an existing 8 x 10 storage building, on a slab, that would be located
1' from the garage, if constructed according to the applicants request. The State Uniform
Building Code requires a 3' setback between buildings.
Staff has received a letter from the adjoining property owner indicating no objection to
the Variance requested.
In review of this request Staff would suggest locating the proposed garage 5' from the
storage shed thus maintaining a setback of 32.5' from the front property line. This would
require approval of a variance for 2.5' from the 35' distance established by Sec. 3. Subd.
3.D.2.a. This would locate the garage approximately 12' behind the front of the home
allowing additional parking space in front of the garage.
OPTIONS:
1. Approve variance with following conditions:
1. Locate proposed garage 32.5 feet from the front property line or 65.5 feet from
the centerline of Co. Rd. J. thus requiring a Variance of 2.5' according to Sec.
3. Subd. 3.D.2.a.
2. Provide verification that the septic system is a minimum of 20' from the
proposed garage.
3. Proper building permits are obtained prior to construction.
2. Return to staff for further consideration.
3. Deny variance request.
RECOMMENDATION:
Option 1
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AGENDA ITEM V B
STAFF ORIGINATOR: Mary Kay Wyland
MEETING DATE: September 13, 2000
TOPIC: PUBLIC HEARING, Oasis Market, 7509 Lake Drive,
Amended Conditional Use Permit /Site Plan Review
DESCRIPTION:
The applicant is requesting an Amended Conditional Use Permit and Site Plan Review to
allow construction of a car wash at the Amoco /Oasis Market at 7509 Lake Drive. Staff
has met with the applicant and requested revisions to the plan based on several issues
including the future reconstruction of CSAH 23 /Lake Drive, future extension of Town
Center Parkway and other concerns. We have advised the applicant that this item will be
continued to the October 11, 2000 meeting to allow time for these revised plans to be
drafted and reviewed.
OPTIONS:
1. Open and Continue Public Hearing to October 11, 2000 Planning & Zoning Board
Meeting
RECOMMENDATION:
Option 1
•
AGENDA ITEM V C
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: September 13, 2000
TOPIC: Site & Building Plan Review
PUBLIC HEARING: Conditional Use Permit
Central Suburban, Inc., 416 Lilac Drive
BACKGROUND
The application includes a site plan and conditional use permit. The applicant, Central
Suburban, Inc., proposes to build an addition on the existing building and use the site for
its land development and construction business. All site and building plans for industrial
uses requires a site plan review.
The existing building is a pole barn. The expansion of a pole barn in an industrial district
requires a conditional use permit.
Central Suburban will use the fenced yard for storage of trucks, equipment, and material
such as pipe, manholes, culverts, lumber, sand, gravel, and the like. Under the current
zoning ordinance, outdoor storage also requires a CUP in the GI zone. However, the site
has been used for outdoor storage of equipment and material until recently. When an
existing use that was in place when the ordinance was adopted would require a CUP
under the ordinance, the City policy has been to consider that use as having a
" grandfathered" CUP.
Even so, for the protection of both the property owner and the City, it is a good idea to
define the conditions of the grandfathered conditional use to avoid confusion in the
future. The conditional use then will be recorded and there will be no question about the
right to conduct the specified activites. Staff recommends that the City takes the
opportunity to do this now.
Therefore, the CUP will cover both the building expansion and an amendment to the
grandfathered outdoor storage CUP.
This review is based on the following submittals:
Letter describing the application received 8/1/00
Survey, July 6, 2000 received 8/4/00
Elevations received 7/20/00
Floor plan received 7/20/00
Letter with detail information received 8/28/00
Central Suburban
September 13, 2000
page 2
ANALYSIS
The site is zoned GI General Industrial. The submittal complies with the GI Light
Industrial zoning standards as follows:
• Building
The existing building is 36' x 64' = 2304 sf. The addition is 20' x 44 ` = 880 sf. The
total new foot print will be 3184 sf.
The existing building is a pole barn and the expansion of a pole barn in an industrial
district requires a conditional use permit per Sec. 3 Subd. 4.B.2.b.2. of the zoning
ordinance. The expansion shall not be more than 50% the area of the existing building.
Fifty percent of 2304 sf is 1152 sf, so the addition of 880 sf is allowable.
The applicant will install new exterior siding on the front (north) side of the building. A
horizontal cedar siding will be added, with cedar shingles on the gable areas. The new
siding will be on the existing and added portions of the building. The new siding will be
a welcome visual improvement to this building in the General Industrial district.
The trash dumpster will be stored inside the building and wheeled outside only when the
trash is to be collected.
• Lighting
No additional lighting will be added as part of the project.
• Signage
Signage is governed by the City's sign ordinance and permits are required for all signs.
All signs will be reviewed with the sign permit applications.
•
•
Required
Proposed
Lot size minimum '
1 acre
1.07 acre
Lot width minimum
100 ft
155 ft
Setbacks: buildings
from street
rear lot line
side lot line
parking
from street
rear lot line
side lot line
50
15
10
15
5
10
67+
150+
10
existing
existing
existing
Bldg. height
45
21
Impervious max.
90%
90 %±
• Building
The existing building is 36' x 64' = 2304 sf. The addition is 20' x 44 ` = 880 sf. The
total new foot print will be 3184 sf.
The existing building is a pole barn and the expansion of a pole barn in an industrial
district requires a conditional use permit per Sec. 3 Subd. 4.B.2.b.2. of the zoning
ordinance. The expansion shall not be more than 50% the area of the existing building.
Fifty percent of 2304 sf is 1152 sf, so the addition of 880 sf is allowable.
The applicant will install new exterior siding on the front (north) side of the building. A
horizontal cedar siding will be added, with cedar shingles on the gable areas. The new
siding will be on the existing and added portions of the building. The new siding will be
a welcome visual improvement to this building in the General Industrial district.
The trash dumpster will be stored inside the building and wheeled outside only when the
trash is to be collected.
• Lighting
No additional lighting will be added as part of the project.
• Signage
Signage is governed by the City's sign ordinance and permits are required for all signs.
All signs will be reviewed with the sign permit applications.
•
•
•
•
Central Suburban
September 13, 2000
page 3
• Landscaping
Some landscape improvements will be added in the form of replacing existing, scraggly
shrubs. This industrial area of the City is not heavily landscaped.
• Utilities
The applicant will hook up to City sewer and water as part of this project. The existing
septic system must be properly abandoned. The well may be retained for irrigation at the
discretion of the landowner.
A drainage and utility easement 67 feet wide exists across the front of the property. The
City acquired this easement in anticipation of needs for utility installation in Lilac Drive.
The easement was not all needed, and no work will occur in it on this project.
• Parking, Roads, Access, Circulation
The applicant will pave a parking area as part of the project. For contractors' offices,
shops and yards, our code requires two parking stalls per employee. The applicant states
there are three office employees who will be in the building daily. This requires six
parking stalls. Other employees will be at the site only sporadically. The area to be
paved will accommodate five to seven cars. If parking becomes a problem, the City will
require additional parking. There is ample area to enlarge the parking lot if needed.
Access to Lilac Drive shall remain. If work is required in the County right of way, the
County requires permits. (As a point of information, Lilac Drive is no longer State Trunk
Highway 49. It was turned back to the County.)
• Park Dedication
No park dedication is needed for an addition to an existing building.
• Conditional Use Permit
The addition to the existing pole barn building requires a conditional use permit under
Sec. 3 Subd. 4.B.2.b.2.
Outdoor storage is allowed as a conditional use in the GI district. Though the storage on
this site is grandfathered, staff recommends defining the conditions of the CUP to clarify
the property owner's rights to the planned activities. This will ensure that the use can
continue and that future owners can engage in the same activities.
Therefore, the CUP will cover both the building expansion and an amendment to the
grandfathered outdoor storage CUP. Two sets of findings must then be made.
Central Suburban
September 13, 2000
page 4
Findings for All Conditional Use Permits: As stated in Sec. 2 Subd. 2.B.7., the
Planning and Zoning Board shall recommend a conditional use permit and the Council
shall order the issuance of such permit only if it can make findings that the proposed use
at the proposed location:
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the City.
b. Will be harmonious with the general and applicable specific plans and policies of
the comprehensive plan of the City and this ordinance.
c. Will be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing and/or intended character of the
general vicinity and will not change the essential character of that area.
d. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems, and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
e. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community.
f. 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.
g. Will have vehicular approaches to the property which are so designed as not to
create traffic congestion or an interference with traffic on surrounding public
thoroughfares.
h. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
i. Will conform to specific standards of this ordinance applicable to the particular
use.
Findings Specific to Outdoor Storage: Section 8 Subd. 2.I.7 lists conditional uses in
the General Industrial district, including:
Open and outdoor storage as an accessory use provided that:
a. The storage area is landscaped, fenced, and screened from view of neighboring
uses and abutting residential districts.
b. Storage is landscaped and screened from view from the public right -of -way.
c. Storage area is blacktopped or concrete surfaced unless specifically approved by
the City Council.
d. The storage area does not take up parking space or loading space as required for
conformity to this Ordinance.
•
•
•
•
Central Suburban
September 13, 2000
page 5
Recent screening of outdoor storage on light industrial sites has included ivy planted
along chain link fence. A fence exists on the site already. Staff recommends ivy will be
appropriate for the west property line fence to screen from the right of way (4th Ave.) and
residential uses to the northwest. A bituminous surface is not necessary and could be
damaged with the equipment movement and material storage. Staff recommends no
paving is necessary. Parking is in front of the building, storage to the side and rear.
With the conditions of approval listed below, staff recommends that the general and
specific findings apply.
CONDITIONS OF APPROVAL: SITE PLAN AND CONDITIONAL USE
PERMIT
1. An addition to the existing pole barn building shall be allowed that is 20' x 44'. The
addition shall be constructed as shown on the submitted certificate of survey, building
elevations, and floor plan.
2. The exterior of the north side of the existing building and addition shall be cedar
siding and cedar shingle, details as described in the August 28, 2000 letter.
3. Open outdoor storage shall be allowed, including semi - trucks, trailers, construction
trucks and equipment, materials such as pipe, concrete manholes and culverts,
casting, form lumber, sand, gravel, pumps, fuel & tool trailers, fiberglass pools and
spas, and other items and materials used with excavation and trucking operations.
4. Open outdoor storage on the site shall not include construction rubble or debris or
demolition debris. The intent is that material that is stored on this site is intended to
be installed on other sites.
5. The fence along the north side of the storage yard may be moved to be flush with the
front of the building.
6. The fence shall be repaired and ivy shall be planted along the entire west fence for
screening.
7. The site landscaping shall be, at a minimum, as shown on the submitted survey.
8. The applicant must obtain permits from the County for any work in the right of way.
9. The parking lot shall be paved as shown on the submitted survey. If parking becomes
an issue of concern for the public safety, the paved parking lot shall be enlarged.
10. The site shall connect to City sewer and water and all assessments paid.
Central Suburban
September 13, 2000
page 6
11. The existing septic system must be properly abandoned.
12. The well may be retained for irrigation only, at the discretion of the landowner. If the
well is not to be maintained for irrigation, it must be properly abandoned.
13. Proper building permits must be obtained prior to any construction and 1% of the
construction costs must be put in escrow to insure completion of all site
improvements.
OPTIONS
1. Approve the site plan and conditional use permit for expanding the pole building and
outdoor storage based on the listed findings and with the conditions listed above.
2. Return to staff with direction.
RECOMMENDATION
Option 1.
•
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1333 Osborne Road
Spring Lake Park, Minnesota 55432
(763) 786 -8642 fax (763) 780 -2746
•
August 1, 2000
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
RE: Use of 416 Lilac Drive
We are a land development company and will have exterior storage of semi - trucks, trailers,
gravel trucks, off road trucks, backhoes, bulldozers, and other construction equipment;
materials including pipe, concrete manholes & culverts, castings, form lumber, sand, gravel,
pumps, fuel £3 tool trailers, fiberglass pools & spas and other misc. items used with
excavation and trucking operations.
The proposed addition to the existing building will be used for the storage of smaller
equipment and misc. supplies.
In conjunction with the construction of the addition, we will be installing a new facade on
the existing building and installing a parking area at the front of the building. We will be
hooking up to the city utilities, abandoning the septic system and will re -shape and sod the
front area.
A sketch is attached showing fencing, parking and green areas.
Sincerely,
CENTRAL SUBURBAN, INC.
A. Menkveld
President/C.E.O.
RECEIVED
AUG 0 4 2000
CITY OF LINO LAKES
AUG. -28' 00 (MON) 10 :53 PREFERRED BUILDERS
TEL:612 780 -2746 P. 001
Central Suburban, Inc.
1333 Osborne Road
Spring Lake Park, Minnesota 55432
(763) 786 -8642 fax (763) 780-2746
August 28, 2000
Jeff Smizer
City of Lino Lakes
VIA FAX: 651 -982 -2499
RE: 416 Lilac Drive, Lino Lakes
Siding type and color:
Horizontal Siding
• Cedar - natural finish
• 2x6 cedar corner & trim boards - cream
Siding on gable area
• Cedar shingle, stained burgundy
Ivy will be planted on West fence for screening.
We have 3 office staff with o her employees in field only.
Sincerely,
CENTRAL SUBURBAN, INC.
A. Menkveld
esident/C.E.O.
CAINE & ASSOCIATES
LAND SURVEYORS, INC.
!7720 Highway 66 N.E. – Ham Lake, Minnesota 55304
434 -7646
CERTIFICATE OF SURVEY FOR: Central Suburban, Inc.
LEGAL DESCRIPTION: Lot 5, Block 1, LINO INDUSTRIAL PARK, according to the recorded plat thereof,
Anoka County, Minnesota.
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•
•
STAFF ORIGINATOR:
P & Z MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM V D
Jeff Smyser
September 13, 2000
Site & Building Plan Review
Deer Meadows Golf Range
407 Main St.
The application includes a site and building plan review for a small addition to the
existing building at the Deer Meadows Golf Range.
This review is based on the following submittals, all received 8/21/00:
Letter describing project
Existing Floor Plan
West View Elevation
ANALYSIS
'/2 section detail
Proposed Floor Plan
North View Elevation
The site is in the Rural zoning district. The building addition will not extend the building
any closer to any lot lines where setbacks would be an issue. Minimum lot dimensions
are not issues with this project because the lot is over 60 acres.
• Building
The addition will be 12' x 30', built on the north side of the building. The existing
building footprint is approximately 720 sf. The addition will add 360 sf for a total of
1080 sf. The addition will be slightly higher than the existing building, but well below
the 35 ft. maximum height. The exterior of the main building is masonite siding and the
addition will match it.
• Lighting
No additional exterior lighting will be added as part of this project.
• Signage
Signage is governed by the City's sign ordinance and permits are required for all signs.
Any signs will be reviewed with sign permit applications.
Deer Meadows Site Plan
September 13, 2000
page 2
• Landscaping
No additional landscaping is planned.
• Parking
For golf driving ranges, our code requires 10 spaces plus 1 space per 100 sf of building.
For the purposes of calculating parking spaces, the ordinance requirement is to use 90%
of the gross building area. The total requirement is 20 parking spaces. Though the
parking area is not striped, there is sufficient area for the required parking.
total footprint
90%
required spaces
1080 sf
972
10 + 10 = 20
• Roads, Access, Circulation
No change to the driveway access or parking area is planned.
CONDITIONS OF APPROVAL: SITE PLAN
Staff recommends the following conditions apply:
1. Approval of the site plan and conditional use permit is not an implied approval of
signage. Any signs require a sign permit and must comply with the sign ordinance.
2. No additional exterior lighting shall be installed.
3. Proper building permits must be obtained prior to any construction and 1% of the
construction costs must be put in escrow to insure completion of all site
improvements.
OPTIONS
1. Approve site plan and conditional use permit based on findings in this report and with
the conditions of approval listed above.
2. Return to staff with direction.
RECOMMENDATION
Option 1
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Deer Meadows Golf Range
407 Main Street
Lino Lakes, MN 55014
651 -7848338
August 21, 2000
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
RE: Addition to Existing Building, Building Permit
This request is in regards to a proposed addition to the existing building of Deer
Meadows Golf Range, at 407 Main Street, Lino Lakes. Construction is to begin
as soon as possible and is to last for a period of no more than three weeks from
the date proposed permit would be issued.
This is a simple enclosure, adding an office and floor space to the existing sales
area on the north side of the existing building. The proposed project will
measure 12 feet x 30 feet. Sewer, water, gas will not be affected by this project
and will remain as is.
If you have any questions or concerns, please contact me.
Sincerely,
Dan Robinson
Vice President, Deer Meadows, Inc.
DR/rs
RECEIVED
AUG 2 1 2000
CITY OF LINO LAKES
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AGENDA ITEM V E
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: September 13, 2000
TOPIC: Minor Subdivision, City of Lino Lakes
BACKGROUND
The City has purchased land for ponding and wetland mitigation in the Clearwater Creek
light industrial area. The purchased land must be divided from the larger parcel. The
attached sketch and description indicates the parcel to be created by the minor
subdivision.
The NSP power line strip is a parcel in itself, not just an easement. If this were a private
action we would be concerned about creating a parcel that is bisected this way by another
parcel. After discussion with the City Attorney, we have resolved the concern. Since this
is to be City land for ponding, there is no danger of a claim to a buildable lot on either
side of the NSP land. The attached letter from Mr. Hawkins supports this.
OPTIONS
1. Approve the minor subdivision.
2. Return to staff with direction
RECOMMENDATION
Option 1.
LAW OFFICES OF
William G. Hawkins and Associates
Legal Assistant
WILLIAM G. HAWKINS TAMMI J. UVEGES
BARRY A. SULLIVAN
August 17, 2000
Mr. Jeff Smyser
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
Dear Jeff:
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
PHONE (763) 427 -8877
FAX (763) 421 -4213
E -MAIL Haw1cLawl@aol.com
Pursuant to your request I am writing this letter concerning the proposed lot split that
will be processed as a result of the City's acquiring the property from Lino Lakes, LLC
for storm water ponding. I have reviewed this matter with you and John Powell and
• am writing to indicate that I have no legal problems with the approval of this lot split.
This property will be used only for public storm water holding purposes and there is
no reason why any further combination of the lots would be necessary.
Accordingly, I would recommend its approval.
Sinc: rely,
illiam G. Hawkins
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STAFF ORIGINATOR:
P & Z MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM V. F
Jeff Smyser
September 13, 2000
PUBLIC HEARING (continued): Ordinance 09 -00
Tree Preservation Ordinance
We continued the public hearing from last meeting to allow staff to analyze a sample
development project using the draft tree ordinance. We also needed to address the
requirements for individual home builders. Staff is asking P & Z to consider and discuss
the issues raised below and provide direction for revising the draft ordinance.
ANALYSIS
Sample Development Project Analysis
The example analysis resulted in the following data:
total land
7.7 acres
number of lots
17
total tree cover
4,000 caliper inches
tree loss
1,000 caliper inches
25% of the total tree cover
replacement requirement
50% of lost trees
500 caliper inches
estimated replacement cost
$38,000 total
per lot cost
$2235 per lot
one boulevard tree per lot would add
approx. $200
per acre cost
$4935
$5377 with boulevard trees
Two questions must be answered.
1. Does this exercise represent a typical development scenario in Lino Lakes?
2. Does the study result represent an acceptable cost to add on the cost of development?
1. Does this exercise represent a typical development scenario in Lino Lakes?
If this level of tree loss and replacement cost is not typical, we would be examining an
exceptional piece of land and should not be making policy based solely on such an
example. We could write into the ordinance some level of exception to account for
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Tree Preservation Ordinance
September 11, 2000
page 2
unusual situations. (Writing the exception into the ordinance would avoid the need for a
variance.)
For example, we could state that if the developer can demonstrate that there is not enough
land on the site to accommodate all the replacement trees, the City may allow less
replacement than is normally required by the ordinance.
Another means would be to put a cap on the per lot or per acre replacement cost.
If the exercise represents what we can expect to be a typical scenario, we must address
the second question regarding if the cost is too much. To see if the study site is typical,
staff compared the forested lands from the environmental inventory to the draft future
land use map. The analysis was by necessity a manual, visual comparison of two maps.
Nonetheless, it did show that there are numerous areas that could run into a high cost of
tree replacement. This would not be the majority of sites, however.
We expect that the preservation development approach offers the opportunity to reduce
tree loss and other environmental impacts. Even so, there will be some sites on which
tree loss and replacement could be significant.
2. Does the study result represent an acceptable cost to add on the cost of
development?
The exercise resulted in a cost of approximately $2400 per lot, or $5400 per acre. Is this
too much?
It is important to remember that developers will rarely simply absorb development costs:
the costs are passed on to the property buyer through the cost of the land. Any increase
in development cost increases the price of a lot and thus reduces affordability.
At the same time, preserving or replacing trees is an important goal in the community.
The hope is that the City can work with the developers to reduce tree loss through
sensitive design. This will require adjusting lot sizes and other methods available
through use of a planned development. This should not mean simply reducing the
number of lots, which will only serve as a disincentive to cooperation.
To reduce the cost of tree replacement, we have several options:
a. Count required boulevard trees toward the replacement requirement. The draft
ordinance does not allow this. City policy under a separate ordinance is one
boulevard tree per lot.
b. Put a cap on the replacement cost, as mentioned above. This could be a maximum
cost per lot or per acre.
c. As stated above, allow the developer the chance to demonstrate that the replacement
is not possible within the area of the project.
Tree Preservation Ordinance
September 11, 2000
page 3
d. Adjust the replacement percentages in the table in section V.A. of the draft ordinance.
We could shift the replacement requirements down, for example. For a 20% removal
situation, the replacement would be 0.4 instead of 0.5.
Individual Single Family Home Builders
The draft ordinance has extensive requirements for developers of plats. For individual
lot home builders, the ordinance requires only that they show which trees they plan to
remove and how they will protect the others. The P & Z expressed concern about
clarifying the requirements for a family building a home on a single family lot.
We will add the following language, as underlined:
IV. TREE PRESERVATION SUBMISSION REQUIREMENTS
A. Plan Submission Requirements (Individual Single Family Lots):
The City's intent for tree preservation plans for individual single family lots is to
provide guidance to the prospective resident on the best ways to protect the trees
the lot owner wants to protect. The City will not mandate which trees to cut or
save, but will make suggestions on this and how to preserve the selected trees.
The City shall not withhold a building permit simply because of the selection of
which trees the home builder wants to save or remove.
Applicants for building permits on single family lots shall submit the following
information in addition to plans required for a building permit:
1. A certificate of survey that accurately identifies the location and types of all
existing significant trees and woodlands to be removed and those to be preserved
on the lot. The drawing shall illustrate where protection devices will be placed
and areas to be used for material and equipment storage.
2. A description of the measures to be used to protect the trees and woodlands to be
preserved on the property. These measures shall be consistent with the measures
outlined in Section IV.B.3. unless otherwise approved by the City.
Staff is asking for any further revisions that the P & Z recommends on this.
RECOMMENDATION
Consider and discuss questions and suggested changes.
Direct staff to make preferred revisions in the draft ordinance for the next meeting.
Continue the public hearing to October 11.
AGENDA ITEM VI A
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STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: September 13, 2000
TOPIC: Discussion Item:
Meeting Schedule, Project Review Process, Reports
BACKGROUND
It is a good idea to periodically revisit the City's process for reviewing development
proposals. A member of the P & Z has asked about the schedule for staff reports and
delivery to the P & Z. This is a good opportunity to review the whole process.
I've attached the Application Deadline and Meeting Schedule. Several things influenced
this schedule. It must accommodate the meetings of citizen advisory boards, each of
which have different schedules. It also must accommodate the state law governing the
timeframe allowed to the City for reviewing applications. The schedule also must allow
enough time to research, negotiate changes, and write a complete report on the project.
The deadlines are keyed to the P & Z meetings. Previous to 1999, the application
deadlines were only three weeks before the P & Z meetings. We found that this often did
not allow enough time to prepare even minimal information or analysis for the
Environmental Board. We did two things to address this. One, we moved the deadline
back to four weeks before the P & Z meeting. Two, we changed the Environmental
Board meeting schedule from the fourth Wednesday to the last Wednesday of the month.
We also decided to stretch the time between the P & Z recommendation meeting and the
City Council meeting. Instead of going to the very next City Council meeting, we skip
one. This allows the applicant the opportunity to resolve outstanding issues that P & Z
may include as conditions of approval. Often, there are engineering issues that should be
resolved before Council approval but can be addressed between the P & Z meeting and
the Council meeting. This is particularly relevant to commercial /industrial site plans. In
the interest of meeting economic development goals, we like to keep projects moving
along if possible. However, you have seen that if there is a serious unresolved issue, staff
will recommend delaying the P & Z approval.
State law allows the City 60 days to approve a project. This means between the date of a
complete application submittal and approval by City Council. With proper notice, we
can extend this an additional 60 days. We automatically add this 60 -day extension to
accommodate our meeting schedule. Our new application form notifies the applicant that
we are doing so.
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Meeting Schedule, Review Process, Reports
September 13, 2000
page 2
Many projects require extensive research and review. This involves looking into past
records of the property, environmental features, and comparing the proposal to City
policies and ordinances. It requires information from several City departments. It often
requires communicating with other jurisdictions such as: Anoka County Highway Dept.,
Rice Creek Watershed District, Minnesota Dept. of Transportation, Minnesota Dept. of
Natural Resources, and possibly others. We avoid making staff recommendations until
we hear from these agencies. This all requires time. It is not unusual to receive
necessary information the day before the report must go to the P & Z.
City staff pulls together the recommendations from different City boards and other
agencies, as well as the information from researching the site. We combine all this
information into our reports and our recommendations to the P & Z.
We assemble the reports into the P & Z packets. The Police Dept. delivers the packets to
P & Z members on the Friday before the meeting. There have been glitches in deliveries,
but they are the exception. I have discussed this with the Chief of Police and he assures
me the packets will be delivered in a timely manner.
I have served on a planning commission and I appreciate the amount of time it requires to
read the packets.
City Council Meeting
(2nd & 4th Monday)
January 10, 2000
January 24, 2000
February 14, 2000
February 28
March 13
March 27 1
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April 24
May 8
May 22
June 12
June 26
July 10
July 24
August 14
August 28 — -
September 11
September 25
October 9
October 23
November 13
November 27
December 11
December 18
January 8, 2001
January 22, 2001
February 12, 2001
City Council Work
Session (Wednesday
before Council mtg.)
January 5, 2000
January 19, 2000
February 9, 2000
February 23
March 8
March 22
<
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May 3
May 17
June 7
June 21
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July 19
August 9
August 23
September 6
September 20
October 4
October 18
November 8
November 22
December 6
December 13
January 3, 2001
January 17, 2001
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February 7, 2001
Planning & Zoning Board
(2nd Wednesday)
December 8, 1999
January 12, 2000
February 9
March 8
April 12
May 10
June 14
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August 9
September 13
October 11
November 8
December 13
January 10, 2001
Park Board
(1st Monday, except Jan.,
July and Sept.)
December 6, 1999
January 4, 2000
EDAC Jan. 6
February 7
March 6
April 3
EDAC Apr. 6
May 1
EDAC May 4
June 5
July 11
August 7
September 5
EDAC Sep. 7
October 2
EDAC Oct. 5
November 6
December 4
EDAC Dec. 7
January 2, 2001 ( ? ?)
Environmental Board
(Last Wednesday)
December 1, 1999
EDAC Dec 2
December 29, 1999
January 26
EDAC Feb. 3
February 23
EDAC Mar. 2
March 29
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May 31
EDAC June 1
June 28
EDAC July 6
July 26
EDAC Aug. 3
August 30
September 27
October 25
EDAC Nov. 2
November 29
December 27
Application Deadline
(Monday four weeks before
P & Z mtg.)
November 8, 1999
li
December 13, 1999
January 10, 2000
February 7
March 13
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May 15
June 12
July 10
August 14
September 11
October 9
November 13
December 11 1