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.
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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.
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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.
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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.
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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.
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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
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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.