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HomeMy WebLinkAbout03/08/2000 P&Z MinutesPlanning & Zoning Board March 8, 2000 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME =ENDED MEMBERS PRESE1 MEMBERS ABSENT STAFF PRESENT: /arch 8, 20 6:30 P.M. : 8:15. P.M. : Johnson, Corson, Schaps, Rafferty, Schilling, an Lane Zych City Planner, Smyser; and City Engineer, Powell I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planni p.m., March 8, 2000. II. APPROVAL OF MINUTES — F Ms. Lane made a MOTION the Lino Lakes Planning carried 6 -0. oard meeting to order at 6:30 minutes of the February 9, 2000, meeting of Board, and was supported by Mr. Corson. Motion III. APPROVAL O The agenda was app ved as presented. IV. OPEN MIKE Chair Schaps declared open mike open at 6:32 p.m. No one was present for open mike. Mr. Johnson moved to close open mike at 6:32 p.m., and was supported by Ms. Lane. Motion carried 6 -0. • Planning & Zoning Board March 8, 2000 Page 2 V. ACTION ITEMS A. PUBLIC HEARING: Bluebill Ponds, Main Street, Preliminary Plat Chair Schaps declared the public hearing open at 6:33 p.m. Staff advised that the applicant, Heritage Development, has submitted an application for a preliminary plat. The site is on the south side of Main Street across from Wood Duck Trail and Bluebill Lane. The original application came before the Planning & Zoning Board in October of 1999 and has been continued since then for various design reasons. It was noted that the City received the revised plat application on December 13, 1999 and State Statutes allow 120 days for the City to make a decision on a preliminary plat application. In order for the City Council to meet this statutory deadline, the Council must act at its March 27, 2000 meeting. Staff presented the preliminary plat as submitted for Bluebi family lots on a 35.35 acre site for a gross density of 2. completely within the existing MUSA. The site has Comprehensive Plan of SF Residential, and a desig Residential in the 1998 draft of the Comprehe property is R -1 SF Residential. create 77 single re. The site is use designation in the w Density Sewered e current zoning of the Staff presented information about the s of the preliminary ' P lat, parks and trails, stormwater management an utilities. Staff reported that the major transportation issue at this time ' t ain Street (CSAH 14). The City and Anoka County recently completed a s * agement study. Wood Duck Trail is the designated location for a f ,.,1 intersection. Bluebill Lane will be a limited access intersection. This mea B ill will be a right - in/right -out only intersection. In addition, the C looking to provide circulation in the area. Ultimately there will be 150+ dwel in Highland Meadows West, and 70+ dwelling units in Bluebill Ponds. A "A access intersection on Main Street is the appropriate connection, and Wood Duck Trai is the appropriate location for it. Staff explained the problem with the Main Street access is that the extension of Wood Duck Trail south of Main Street would cross the property of the House of Praise Church. The developer and the church are negotiating a land trade that would allow the Wood Duck extension. The church would best be served with a full intersection rather than partial access to Main Street. The developer would have better access for the new development. It will be safer for churchgoers to have an access on the new extended Wood Duck Trail than to access Main Street directly. The City will benefit from the improved safety because of the better access management, and from improved circulation in that area of the City. The goal is a result that benefits the developer, the church, and the City. • • • • Planning & Zoning Board March 8, 2000 Page 3 As proposed, the Bluebill Ponds plat is designed to have Bluebill Lane as its immediate access. A Wood Duck access could be created in the future. City staff believes the present proposal should be redesigned after the negotiations with the church are settled. The redesign should address the public safety concerns of access to Main Street and create the Wood Duck intersection. The landowners also have submitted a petition for public street improvements, which would include road access to Main Street. This petition will require a decision by the City as to whether the City will undertake an eminent domain action to take property from the House of Praise Church for the Wood Duck Trail extension. Mar Don Acres is immediately south of the Bluebill Ponds site. Following the first review of Bluebill Ponds by Planning and Zoning in October 1999, several residents of Mar Don Acres informed the City that they wanted the road built along the south border of Bluebill Ponds. Staff held a neighborhood meeting on November 9,1999 to discuss this issue. Residents along the alignment of the desired road wer �$��,d, including those in . Based on this staff found that six directed the developer Mar Don Acres, Sherwood Green, and unplatted properties meeting and follow -up calls to residents who were not of eight property owners in Mar Don Acres wanted t to include a road on the plat. It was noted the Environmental Board cons 29 and recommended a 50 foot buffer aro infiltration and overland runoff desig into the design, use of native veget topsoil. Staff recommends the pub plat and supply additio However, this would r period. If such a plat as submitted. ginal application on September rest on the east edge of the site, le, open spaces to be incorporated around wetlands, and deep tilling of g be continued to allow the applicant to redesign the on to address the issues discussed in staff's report. an agreement from the applicant to continue the plat review not granted, staff recommends denial of the preliminary Chair Schaps asked tie applicant if he understood the situation and if he was amenable to an extension. Tom VonBische, the developer, stated he understood there were problems with the plat and he understood that this probably cannot get past the City Council if this item goes forward. However, he pointed out that the Planning Commission had not been presented all of the information about the development, and that they had been presented only facts. Chair Schaps told Mr. VonBische that a lot had to be done to this plat before it can be approved and the standard procedure in this circumstance is to grant an extension on the project, otherwise there could be a recommendation of denial given to the City Council. Planning & Zoning Board March 8, 2000 Page 4 Mr. VonBische stated he would be willing to accept an extension on the application. He noted that he came to the property because of an individual who stated they wanted to sell, and there were 13 people who were selling this particular piece of property. Dorothy Kvitek , one of the individuals selling the property, said she would never leave the property as she had lived there all of her life, and she intends to remain there for the rest of her life. Mr. VonBische said he used to believe that families got along, that churches only wanted to do the right thing, that cities do the right thing for the residents, and that neighbors generally get along with one another. He commented that he does not believe these things any more. Mr. VonBische reported the House of Praise Church is being asked to split its parcel in half, right in the middle of the property. However, the Church believes it is going to expand, and the only way to do this is to acquire land. He reported the Church has two beliefs —one is that it is fine where it is for now, and the other is that it believes someone should expand the property for them. Mr. VonBische stated the City has told him that he is n County's plan. One alternative that the County has have an alternate connection to I -35W in this area. statement in the County's plan was ignored, bu ignored. Mr. VonBische went on to say that at developer should give them a road anything to the developer. Mr. the plat. Mr. VonBische pointe and he has done everyt City. He said his the site. He noted e with the at Main Street should the asked why this Wood Duck Trail was not ood meeting, the neighbors said the would subdivide the land and not pay ted these concerns have been addressed on property is guided and zoned R -1, it is in the MUSA, try and accommodate the Church, the neighbors, and the 11 go to great lengths to prove they have the right to develop reek Watershed District even thanked him for doing a project that increased and i '� oved the water quality of the area, and the plat meets the Watershed Districts r `'quirments. He said the Watershed District verbally approved the project at his meeting with them yesterday. He said the critical issue is the negotiations with the Church. He said the Church's request would make the property worth $150,000 per acre, and he was not able to pay that. He had determined the land to be worth about $28,000 per acre, and he offered the Church more than that, but the Church said it did not want that. Therefore, the Church would end up with a road down the middle of its property. Mr. VonBische distributed and referred to pictures of the Church, noting that one can see that it was first a ballroom, then a bar, and then a church. He said the building currently can not meet the applicable code requirements, and it could not meet any code requirements in the future if it were to expand. • • • • • Planning & Zoning Board March 8, 2000 Page 5 Mr. VonBische explained that he believed the City had five choices. The first choice would be to approve the plat and get an extension when the Church makes a decision. The second choice would be to approve the plat and the City could use it's power of eminent domain to acquire the Church property. The third choice would be to approve the plat with an alternate entrance. The fourth choice would be a denial of the plat. The fifth choice would be to table the item and continue negotiations. He explained that he just wanted fairness as he has done everything he can do within reason to meet the requirements of the plat. The burden now was with the City to determine if a road is really worth it. Chair Schaps responded by telling Mr. VonBische that it sounded like he was asking the City to do what he is supposed to do as a developer, and that it was easy for Mr. VonBische to tell the City to use the power of eminent domain to acquire Church property. The City has told Mr. VonBische exactly what it needs, but Mr. VonBische cannot get the deal done. Mr. VonBische said the City would be denying a lando to access a County road, and the right to develop his property. He note • � get the road in the future if it wants, it just needs to plan for it. He sai 'e A ing to build the road and pay for it. If the Church does not want to mak. • 1, t 't is the way it is, and the City should use the power of eminent domain to property. Chair Schaps reiterated it is not the C 's t to , what the developer cannot do. He suggested that Mr. VonBische do . • get the deal done as it is his business. The City's job is to make sure t • •p t meets all of the ordinances. He commented the City has bee g s this item for six months now and the project has gone nowhere, even t .0 a g e minor changes have been made. Mr. Corson stated he c • " mpathize with the developer, but agreed that it is not in the City's interest to urch property. He asked if Bluebill Lane was considered as an alternate for a •, s, rsection. Mr. Powell responde and said Bluebill Lane is not a four -way intersection, and the median will make it a right -in, right -out. The rationale for not considering it as an alternate for a major intersection is the spacing between 4th Avenue and Lake Drive and that Wood Duck Trail serves a larger area. Mr. Corson questioned why a Wood Duck Trail shift would not work. Mr. Powell stated Wood Duck Trail is a future signalized intersection, and a shift in the south leg would not work. Mr. Corson stated his agreement with Chair Schaps , and said it was not in the City's best • interest to condemn Church property. Planning & Zoning Board March 8, 2000 Page 6 Mr. Corson made a MOTION to close the public hearing at 7:22 p.m., and was supported by Mr. Schilling. Motion carried 6 -0. Mr. Smyser clarified that if the Planning Commission chose to table the item, it would need an agreement from the developer to do so. If the Planning Commission chose to send the item on to the City Council, it needed to make a recommendation. Mr. Johnson asked how long it would be before the applicant could bring back another proprosal if the item was denied. Mr. Smyser stated the City did not have a one year restriction on this application, but the City Council could waive any waiting period if they choose, and the applicant could then reapply if the issues and problems had been addressed, and it would require a new application fee. Mr. Rafferty asked what the application fee is for this appli Mr Smyser reported the City charges $650 for the a to cover staff time, and this is sometimes inadequat working on this item since October, 1999. explained the fee goes ed that staff had been Mr. Rafferty asked the developer how the > - got ons worked with the other 12 property owners if Dorothy Kvitek would not t " .fro. ty. Mr. VonBische said the 13 pro struck an agreement with the Mr. VonBische said he has_t would sell. o not like each other, and Dorothy Kvitek k a reduction so she could stay on the property. rothy Kvitek that she could live on the property if she Mr. Johnson mad ' O to table the Preliminary Plat for Bluebill Ponds for 60 days conditional u plicant being in agreement with the extension. If the applicant was not a _ eable to the extension, Mr. Johnson would move to deny the application, and was ` pported by Mr. Corson. Motion carried 6 -0. The developer stated he was in agreement to the extension so the item was tabled for 60 days. • • • • • • Planning & Zoning Board March 8, 2000 Page 7 VI. DISCUSSION ITEMS A. Town Center Guidelines Mr. Smyser clarified for the public that the City is in the process of designing a new zoning district for the Town Center area. The City has contracted with Calthorpe and Associates to prepare a master plan with a new urbanism element that will accomplish and old town -Main Street effect. The City has a draft plan, and has held discussions on parts of the plan at different times. He explained that staff will pull together changes based on these discussions with the consultant and a public hearing will be held on the draft on April 12, 2000. Mr. Smyser presented the last part of the draft of the Town Center standards, noting the need for staff input regarding lighting, street furniture, etc. Zoning Board review past discussions, questions, clarificati on signage; and discuss Chapters and 5 and 6. He expl off with the residential portion of the standards, and ested the Planning & a general discussion ast discussion left at discussion. Mr. Schilling asked if dormers would be accep i he` "sidential areas. Mr. Smyser explained that dormers could. ° y work and staff will explore this issue further. Mr. Smyser went on to thoroug n l public improvement standards, and talked about street design. He expl ons for allowable street sections. Mr. Corson asked if th _� s shown on the commercial street sections on page 60 of the draft would be ed by an association. Mr. Smyser explai details of the maint to maintain the strip. rip of grass would be part of the stree right -of -way and the nce need to be worked out. He envisioned it would be the City'job Mr. Corson said that details of the maintenance of the strip should be included in the draft. Mr. Powell commented that the strip may not be vegetation, but could be built of brick or similar material in front of the stores. Therefore, the store owners could take more ownership for this area. Mr. Smyser explained the lighting, furniture, traffic calming devices, street trees, street light standards and gateway features that were listed in the draft. He also explained the Open Space District standards and the Public Infrastructure section of the draft. Planning & Zoning Board March 8, 2000 Page 8 Mr. Rafferty commented that tree grates become weed beds, and the low luster paint on the grates become chipped and scratched. He had a concern about those items, and even though they can be wonderful protection for the trees, the grates can become full of weeds and you do not see people taking care of the weeds very often. Mr. Corson noted that trash tends to accumulate in the swales, and when water flows through the swales the trash sticks in certain areas. This could become a maintenance problem. Mr. Smyser reiterated that maintenance will require more attention in the draft. He said he would look at these issues further. Mr. Rafferty noted his thanks for the beautification efforts in the draft, but said he is concerned about the long -term maintenance of these efforts. Mr. Smyser said he would make an effort to come up with Commission to review that would include information e data for the e costs. Mr. Powell noted that some cities have done these es t scapes, and this information may already be assembled somew Mr. Johnson asked if the City should con minimizing the noise for the homeowners who live along the freew is Id affect their property values. He suggested looking at enhancing th n these areas. Ms. Lane questioned if the C commented that if these tr potentially be lost. Sh streets. t all of the same trees on one street. She e diseased, all of the trees on one street could uld like to see a variety of species of trees on the Mr. Smyser said h ok into the tree issue. Chair Schaps sugges `" d the Commission hold a workshop during the last week of March before the public hearing so all of the questions can be worked out. Mr. Smyser reported that he did not expect everything to be all neatly tied up at the time of the public hearing, but the document would incorporate all comments so far, and questions should be answered. He said the Commission could get through the signage portion of the draft at the meeting before the public hearing. Mr. Johnson asked if home occupations need a special attention in the signage chapter of the draft. • • • • Planning & Zoning Board March 8, 2000 Page 9 Mr. Corson suggested staff look at how to set up an association to handle the maintenance for the area. Unless the City is willing to participate, a board will be needed to handle the maintenance. Mr. Smyser explained that, optimally, the City would not need an association for the commercial areas, but one could possibly be needed in the residential areas. Chair Schaps said the workshop would be held on Tuesday, April 4 at 7:00 a.m. Ms. Lane asked if it was important to hold the public hearing in April. She asked if there was a time frame and if there were people who wanted to develop in the area. Mr. Smyser said he thought the property owners want to develop, and the potential shopping center in Blaine could have an impact on development. Mr. Rafferty asked what would happen if Mr. Tagg had a d develop his land today, and what would happen if these Mr. Smyser commented that the City cannot enforc that he did not think that scenario would happ work with the developer on making the dev • VII. ADJOURNMENT • at wanted to not get adopted. that is not in place, and id ppen, the City would try to t the new standards. Mr. Johnson made a MOTION . meeting at 8:15 p.m., and was supported by Mr. Corson. Motion carr Respectfully Submitte Lori Thomsen, Re La ecretary TimeSaver Off Site retarial, Inc.