HomeMy WebLinkAbout04/12/2000 P&Z Minutes•
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Planning & Zoning Board
April 12, 2000
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME- STARTED
TIME ENDED
1VIEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
April 12, 2000
6 :30 P.M.
9 :30 P.M.
: Johnson, Schaps, Rafferty, Schilling, Lane,
Zych
: Kirk Corsan
: City Planner, Smyser; Planning Coordinator
Wyland; and City Engineer, Powell
I. CALL TO ORDER AND ROLL CALL
Chair Schaps called the Lino Lakes Planni
p.m., April 12, 2000.
II. APPROVAL OF MINUTES —
Mr. Rafferty requested a co
Rafferty commented that
grates does become c
Mr. Rafferty mad
meeting of the Lin
Johnson. Motion c
Board meeting to order at 6:35
first paragraph of Page 8 to indicate: "Mr.
s become weed beds, and the low luster paint on the
atched."
to approve the corrected minutes of the March 8, 2000,
Planning and Zoning Board, and was supported by Mr.
ed 6 -0.
III. APPROVAL OF AGENDA
Chair Schaps informed those in attendance that while the Town Center Development
Standards will be discussed, it will be continued to the next meeting to allow an
opportunity for additional input.
The agenda was approved as presented.
IV. OPEN MIKE
Chair Schaps declared open mike open at 6:35 p.m. No one was present for open mike.
Planning & Zoning Board
April 12, 2000
Page 2
Mr. Johnson moved to close open mike at 6:36 p.m., and was supported by Mr. Schilling.
Motion carried 6 -0.
V. ACTION ITEMS
A. David Pearson, 6280 Ware Road, Variance
Chair Schaps declared the public hearing open at 6:37 p.m.
Staff advised that the applicant, David Pearson, has submitted an application for a
variance to allow a single family home at 6280 Ware Road to be located closer than the
required 40 feet from the property line on a collector roadway. The Ordinance requires a
minimum setback of 40 feet. The applicant has redesigned the proposed dwelling to
minimize the setback required which will be 30 feet at the north/west corner and 37.6 at
the south/west corner. The variance requested ranges from 2
only vacant lot in the area and contains wetlands which res
grade on the easterly side.
o ten feet. This is the
as well as the steep
Staff noted the criteria required for variance consid
fact. Staff advised this development has coven
value range and the applicant maintains the
but would not meet that value criteria if t
of the variance as requested.
ecommended findings of
'eh quire all homes within a
e meets that value as proposed
educed. Staff recommends approval
Chair Schaps asked if comment w�� °cep <' d from neighboring property owners. Ms.
Wyland stated notices were o • surrounding property owners. The
Metropolitan Council owt. R to the north and a single family residence is on the
east side of the wetlan
Mr. Johnson sug
site. He stated he
need for care and to
are be given to grading plans to assure a sufficient building
what occurred on this site. Ms. Wyland concurred with the
e a closer look at that aspect.
Mr. Rafferty asked about the actual elevations of the site. He noted it appears the garage
entrance is from the Coyote Trail side. Ms. Wyland stated that is correct and noted the
grading plan which indicates the elevations of the site.
Mr. Rafferty inquired regarding the mention of a setback of 7.5 feet from the back of the
house. Ms. Wyland stated that measures the distance from the drainage easement, there is
no required setback..
Mr. Rafferty asked if this particular plan had been before the Planning and Zoning Board
previously. Ms. Wyland stated it has not been.
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Planning & Zoning Board
April 12, 2000
Page 3
Mr. Rafferty noted the question of the value which Staff bases their hardship
consideration upon and asked about the style of the house. Ms. Wyland stated a walkout
style of house is proposed and the hardship is the wetland, not the value.
David Pearson, applicant, stated the house is a 1,360 square foot walkout home. He
stated they originally had the walkout toward the wetland but, due to elevations on the
site, have changed the walkout to the north side. Mr. Pearson stated they have modified
the plan to take the elevations and grading issues into consideration.
Mr. Rafferty asked Mr. Pearson if he will be the owner of the house. Mr. Pearson stated
he is building the house to sell it. Mr. Rafferty noted the surrounding homes are much
larger than the proposed house. Mr. Pearson stated the size of this house accommodates
the required setbacks, elevation, and grading issues. He advised of the location of other
homes he has constructed and reviewed the proposed exterior building materials. He
assured the Planning and Zoning Board that this house will h d curb appeal.
Mr. Rafferty noted the lot has been vacant for six years as �a ere is a concern
that this may not be a good location for a house. Mr. � s a d he believes it will be
attractive to buyers due to the changes in elevation d the value of the home
will be $250,000.
Chair Schaps commented on a house in a ® hers unity that was constructed close to
a wetland and has now had to be shores o r` arson stated this house will be 7.5 feet
from the wetland and the grade ca s it is today.
Mr. Powell stated the survey sional without indicating how the house will fit
on the existing grades. He • . e variance does not include approval of the survey and
the City will need to re • . tion on the elevations, citing of the house, and lowest
floor elevation. This i tion will be required to be submitted as well as a certified
survey.
Mr. Pearson stated is his final certificate of survey and is the second survey
conducted. He expla ed that by angling the house, they have been able to reduce the
variance request.
Mr. Powell reiterated that another certificate of survey will be required prior to issuance
of the building permit.
Mr. Johnson made a MOTION to approve a variance ranging from 2.4 feet to 10 feet to
David Pearson, 6280 Ware Road, to allow a single family home to be located closer than
the required 40 foot setback from the property line on a collector roadway based on the
rational that the findings of fact for variance consideration have been met and was
supported by Ms. Lane. Motion carried 5 -1 (Rafferty).
B. Lyndal Nelson, 87 Lilac Street, Variance
Planning & Zoning Board
April 12, 2000
Page 4
Staff advised that the applicant, Lyndal Nelson, has submitted an application for a
variance to allow a 422 square foot addition to his existing attached garage. The
Ordinance requires a minimum setback of 30 feet from a local street. The south/east
corner of the garage would be 26.5 feet from the property line. The north/east corner of
the garage would be 32 feet from the property line. Therefore, the setback encroachment
applies only to the south/east corner of the garage. Although Mr. Nelson has a very large
lot, 1.6 acres, there is a low area behind the home and a large mound septic system. The
applicant prefers to construct a three -car attached garage because a detached garage
would need to be quite some distance from the house and would require the removal of an
existing storage building on the property to meet ordinance requirements. Staff noted the
criteria required for variance consideration and recommended findings of fact. In
reviewing the variance criteria, Staff noted that a large Maple tree exists directly behind
the north/east corner of the proposed addition creating a physical circumstance unique to
the property. The City's Environmental Specialist has inspec
that locating the garage ten feet or more from the tree will
system so Staff suggests moving the proposed addition
tree in an effort to minimize the requested variance.
variance with two conditions.
Chair Schaps asked if the applicant is in a
approval.
Lyndal Nelson, applicant, stated h
site and determined
pact to the root
eet of the Maple
ends approval of the
the suggested conditions of
Mr. Rafferty noted the moun �`� �tof within the location of the garage. Ms.
Wyland stated that is corr- t. ' afferty noted the comment about keeping the
aesthetic appeal of the , he need to maintain a buffer. He asked if the garage
will provide enough sp all of the vehicles and recreational items that are on the
site.
Mr. Nelson stated t ? og pen will be reduced in size if the garage is ten feet away from
the tree. He explaine+ they wanted a little buffer and an offset of the house front.
Mr. Rafferty stated he thinks the addition of the garage will help. He encouraged the
need to consider a buffer for Mustang Lane and to keep items within the garage.
Mr. Johnson asked how much of a variance is needed with the garage being relocated ten
feet from the Maple tree. Ms. Wyland stated the garage can be moved back by only four
feet.
Mr. Johnson made a MOTION to approve a 3.5 foot variance to Lyndal Nelson, 87 Lilac
Street, to allow a 442 square foot addition to the existing attached garage to be located
closer than the required 30 feet from a local street based on the rational that the findings
of fact for variance consideration have been met and subject to the following conditions:
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Planning & Zoning Board
April 12, 2000
Page 5
1. The proposed addition be located ten feet south of the existing Maple tree to
minimize the variance required on the south/east corner.
2. The proposed addition be sided to match the existing house and garage.
The motion was supported by Mr. Schilling. Motion carried 6 -0.
C. Rick Carlson, 62nd Street, Minor Subdivision
Staff advised that the property owners at 599 and 607 62nd Street are requesting a minor
subdivision to allow their homes to be split from the balance of their property which has
been purchased by Mr. Carlson and is intended for future development. The property is
currently zoned Rural and guided for low density sewer residential in the draft
Comprehensive Plan. Staff reviewed the past action to approve a minor subdivision for
the Junes property that split the parcel into three pieces. Parc as dedicated to the
City for park as a part of the Miller's South Glen Plat with dedication credit
for future development. This park land was added to B. wo 'es Park. Parcel B
was retained by the Junes and contains their existin: parcel C was retained
by Mr. Carlson for future development. Following r. Carlson secured a
purchase agreement with the Rehbeins at 607 • t ®t (` cels E and F) and proceeded
to plat that property and the Junes Parcel C . dow Ponds. That development
was approved by the Planning and Zonin oarY a d continued at the November 23,
1998 City Council meeting. Mr. Carl ' es tly requested a delay in Council
action which is still pending.
Staff advised of the size of e d requirement for at least 20% of upland. The
City Engineer is recomme ice:• tal of 40 foot of right -of -way north of the 62nd Street
centerline. This will r tal of a new survey document prior to Council action
dedicating an additiona feet along Parcels B, E, and F for future reconstruction of
62nd Street. Thi should provide one acre exclusive of right -of -way for
Parcel E. Staff re approval of this minor subdivision as provided for within the
Zoning Ordinance e two conditions.
Chair Schaps asked if you can combine two parcels to get above the ten acre limit. He
noted you can reduce the size of a lot to one acre as long as the remaining lot is ten acres
or served by public water and sewer. He asked if each parcel will comply under this 10
acre limit. Ms. Wyland stated they will not.
Mr. Smyser explained each of the two existing houses can be on a lot smaller than the ten
acres according to an exception stated in the Code.
Chair Schaps asked if Parcels B and C could request to split off Parcel C. Ms. Wyland
stated in that case, Staff would recommend Parcel C be combined with the parcel to the
north. She explained the intention is to hold the property until public water and sewer is
available.
Planning & Zoning Board
April 12, 2000
Page 6
Chair Schaps asked if this is approved, does it require use of the sewer system in the
future. Ms. Wyland stated that any parcel smaller than ten acres would be required to
connect.
With regard to a lot being less than ten acres, Mr. Smyser explained it is alleviated since
the lot would be combined, at the same time, with another parcel.
Rick Carlson, applicant, stated he has nothing to add to Staff's report.
Mr. Schilling made a MOTION to approve the minor subdivision request of Rick Carlson
as provided for within the Zoning Ordinance with the following conditions:
1. The newly created Parcels C and F be combined into one tax parcel with the
previously approved (1997) Parcel C.
2. Additional right -of -way is dedicated to 62nd Street to ovi 4 0 feet from the
centerline along Parcels B, E, and F. Parcel E i jus = , provide one (1) acre
in area exclusive of right -of -way.
The motion was supported by Ms. Lane. Moti
D. PUBLIC HEARING, SSR & W ent, 7920 Lake Drive, Rezone and
Minor Subdivision
Chair Schaps declared the publi _° o at 7:15 p.m.
Staff advised that the
of property at 7930 L
immediately to the eas
split the westerly
some commercial
Drive. The current
appla� ' & W Development is the owner of a .68 acre parcel
d CB, Central Business and the 80+ acres
is zoned RX, Rural Executive. The applicant would like to
om the 80+ acres and rezone it to CB, Central Business (or
n) and add it to the .68 acre parcel having frontage on Lake
mprehensive Plan guides the westerly 40 acres of this 80+ acre
parcel as single famil +residential. The draft plan guides the entire 80+ acres as low
density sewered residential in the Phase 1 growth area (1998 - 2010). Both parcels of
property are outside the current MUSA boundary, however, sewer and water are available
on Lake Drive.
Staff reviewed the existing zoning of surrounding property and noted the property owner
does not currently have a specific development for this parcel of property but believes
that a larger site would be better suited to commercial development and enhances the
developability of the .68 acre parcel. The applicant is anticipating a future platting of the
area that would provide access from Lake Drive, subject to Anoka County review, should
the rezone request be approved. Utilities are currently available on Lake Drive to serve
this development, however, until adoption of a Comprehensive Plan, no MUSA
designation is available for this site. It was noted that any future development of the site
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Planning & Zoning Board
April 12, 2000
Page 7
• will be contingent upon City approval of MUSA, a preliminary/final plat, access /roadway
configuration, and site and building plan review.
Staff noted the City's EDAC had reviewed this request and unanimously recommended
approval. Staff recommends approval of the rezoning with two conditions and approval
of the minor subdivision with the combination of two parcels. If denial is considered
Staff has identified two reasons for denial.
Chair Schaps asked the applicant if he had anything to add to Staff's presentation.
Willard Morton, applicant indicated he had nothing to add to the Staff report which he
found to be very thorough.
Chair Schaps asked for further public input. There being none, he entertained a motion to
close the public hearing.
Mr. Johnson made a MOTION to close the public heari t g` ., and was
supported by Ms. Lane. Motion carried 6 -0.
Upon inquiry, Ms. Wyland reviewed the uses s $ ' n g P is site and explained that
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property owners within 600 feet were notif lephone calls were received, but
no comments received from the VFW.
Mr. Rafferty asked if there were c
Wyland stated the questions ask
parcel but no concerns were
sed by the residents on Lois Lane. Ms.
applicant intended to rezone the entire
arding the four (4) acre parcel..
Mr. Rafferty asked wh d = c, not parallel to Lake Drive rather than a larger
rectangular shaped piek goes through a residential area
Mr. Morton explai have had a number of people familiar with commercial
development study site and it was viewed as being more versatile in this
configuration. He ad %ised that a sketch plan of five lots had been developed based on
this configuration.
Mr. Rafferty asked Mr. Morton if he owns any additional property on Lake Drive. Mr.
Morton stated he owns a sliver of land currently zoned commercial but it is too small to
be functional. Thus their request for a combination.
Mr. Rafferty asked Mr. Morton if he has heard any concerns expressed by residents. Mr.
Morton stated he has personally visited ten to twelve home owners along Lois Lane and
their concern is that they do not want 80 acres of commercial but had no objection to this
proposal.
Planning & Zoning Board
April 12, 2000
Page 8
Chair Schaps stated he spoke with Mr. Evenson who had expressed that same comment
but no concern as long as the access is on Lake Drive.
Mr. Schilling asked if there is concern about the burden on the utilities of commercial
versus residential. Mr. Powell stated there is no concern with utilities but there is concern
about the impact to the roadways and the need to orient most of the traffic on Lake Drive.
Mr. Johnson stated he attended the Economic Development Board meeting and it was felt
this was such a small parcel for commercial it would not be effectively developed but
adding this portion would result in more flexibility for development, access can be placed
on Lake Drive, and it would provide a benefit to the City's tax base.
Ms. Lane concurred and indicated support for gaining additional commercial land when
adjacent to major roadways such as Lake Drive.
Ms. Lane made a MOTION to approve the rezoning to CB, v tra usiness, and was
supported by Mr. Schilling. Motion carried 6 -0.
Ms. Lane made a MOTION to approve the minor s i `• bject to the following
conditions:
1. The draft comprehensive land use ; aps amended to reflect a commercial
designation for the newly crea • e . cel prior to adoption of the Plan.
tee: ��
2. A minor subdivision is app • ® newly created 4 acre parcel and that
parcel is legally combine • �� e�'�: acre parcel fronting on Lake Drive.
3. Development of the s ent upon adoption of the Comprehensive Plan
and allocation of
4. Access shall be
sively to Lake Drive
The motion was e• ; Mr. Schilling. Motion carried 6 -0.
E. PUBLIC H BRING, Lino Lakes State Bank, Otter Lake Road & New
Service Road, Conditional Use, Site Plan Review, Minor Subdivision
Chair Schaps stated that since he has a financial interest in the Lino Lakes State Bank, he
will not participate in the discussion or vote and will only open the public hearing and
call for the motion and vote.
Chair Schaps declared the public hearing open at 7:30 p.m.
Staff advised that the applicant, Lino Lakes State Bank, has submitted an application for a
conditional use permit, site plan review, and minor subdivision to allow the construction
of a branch bank at Otter Lake Road and a "to be constructed" new roadway. The
property is zoned GB, General Business, and guided for commercial development in the
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Planning & Zoning Board
April 12, 2000
Page 9
• current and draft Comprehensive Plan. A bank building with drive - through capacity
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requires a conditional use peiniit.
Staff noted the submittal complies with the requirements of the GB zoning district and
reviewed the proposed building appearance which is similar to the existing structure at
Lake Drive and Town Center Parking. Staff reviewed their analysis of the project aspects
including lighting, signage, landscaping, utilities, road, access and circulation, and
parking. With regard to the minor subdivision needed to facilitate the necessary minor
subdivision, the proposed lot will be 150' x 250' for 62,500 square feet. The current
survey document indicates no structures so Staff would require a survey document
containing the building placement prior to issuance of the building permits. Staff
recommends approval with minor revision to the site plan and subject to eleven
conditions.
Chair Schaps asked the applicant if he had anything to add to ''presentation.
John Milbauer, applicant and president of the Lino Lak tats stated he had
nothing to add.
Mr. Rafferty inquired regarding the shingles . au stated there will be a
significant cost savings by shifting to shin • �•t 1.
Chair Schaps asked for further public being none, he entertained a motion to
close the public hearing.
Mr. Zych made a MOTION
by Mr. Johnson. Motion c
ublic hearing at 7:39 p.m., and was supported
M. Schilling inquired r g the significant drainage and elevation issues. Mr. Powell
stated a regional M •u. pond is located south/east of the site and the concern is to
control the rate of i a ® rom this site He stated this is commonly done in developed
areas and Staff is co ortable they can revise the site to accommodate Staff's concerns.
Mr. Rafferty asked if the road will be directly behind this. Mr. Millbauer stated the road is
380 feet south of the County Road centerline. Mr. Powell stated that is correct and the
recommended conditions allowed additional right -of -way dedication on Otter Lake Road.
Ms. Lane made a MOTION to approve the minor subdivision for Lino Lakes State Bank,
to allow the construction of a branch bank at Otter Lake Road and a to be constructed
service road and was supported by Mr. Johnson. Motion carried 5 -0 -1 (Chair Schaps
abstained).
Mr. Johnson made a MOTION to approve the conditional use permit, and site plan review
for Lino Lakes State Bank, to allow the construction of a branch bank at Otter Lake Drive
and a to be constructed service road subject to the following conditions:
Planning & Zoning Board
April 12, 2000
Page 10
1. A survey document indicating building placement is provided prior to issuance of
building permits.
2. A cash park dedication fee, based on City Ordinance, is submitted with the
building permit.
3. The western parking area is shifted to within 10 feet of the side property line
providing a 40 foot setback on the eastern side of the site. The site plan and
landscaping plan shall be modified to reflect this revision.
4. Proper building permits are obtained and include a 1% escrow deposit to insure
completion of site improvements. Building plans will be subject to the review
and comment of the City's CPTED Officer.
5. A photometric lighting plan is submitted prior to issuance of any building permits
and approved by City Staff.
6. Sign permits are obtained prior to installation.
7. Utility, grading, and drainage plans are subject to the �, and approval of the
City Engineer.
8. Permits are obtained from the Rice Creek Wate d ® prior to any site
work.
9. Concerns addressed by the City Engineer in � �,�` April 6, 2000 are
addressed prior to any site work.
10. The trash handling areas are screen
11. A shared driveway agreement is p
The motion was supported by Mr.
abstained).
F. PUBLIC HEARIN
Use Permit and Site PAM vi
by City Staff.
for to issuance of building permits.
ion carried 5 -0 -1 (Chair Schaps
y Queen, Northern Lights Boulevard, Conditional
Chair Schaps dec
lic hearing open at 7:41 p.m.
Staff advised that th'° pplicant, Dairy Queen, has submitted an application for a site plan
and conditional use p e rmit to construct a new Dairy Queen on 21st Avenue at Northern
Lights Boulevard. The site is zoned GB General Business. Restaurants with a drive -
through facility require a conditional use permit in the GB district. The site is part of a
preliminary plat that was approved by the City in December of 1997. However, no final
plat was approved. Staff recommended it is best to clean up this situation by requiring
that a final plat be approved as a condition of approval for the Dairy Queen. Staff
indicated they would address the site plan, conditional use permit and platting issues.
Staff advised that the applicant for the Dairy Queen project is not the landowner who is
responsible for the platting requirements. However, the plat issues must be resolved
before additional development occurs.
Staff advised the submittal complies with the GB zoning standards. Staff presented their
analysis of the building footprint and architecture, trash enclosure, lighting, and signage.
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Planning & Zoning Board
April 12, 2000
• Page 11
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It was emphasized that sign permits are required for all signs and the consideration
tonight would imply no approval with regard to the signage. With regard to the landscape
plan, Staff advised that a revised landscaping plan was received on April 4, 2000 and
Staff will work with the applicant to improve that plan.
Staff next addressed plat issues and read the conditions of approval as declared for the
preliminary plat in 1997. It was noted that sewer and water does exist on the site but the
utilities have not yet been turned over to the City so that will be addressed at the time of
final plat considerations. Staff reviewed the parking space requirements as well as road,
access, and circulation around the site. It was noted there will be one driveway access
from Northern Lights Boulevard. That roadway will need to be dedicated to the City and
addressed as part of the final plat review.
Staff recommended the conditional use permit findings, including the list of conditions,
and indicated they believe the application meet those finding recommends
approval of the site plan and conditional use permit subject ` ditions of approval
and the project complying with these required findings.
Chair Schaps asked why this did not go to final pla er stated his understanding
that all the issues did not come together to the aeon ° all parties. Chair Schaps
noted it could take several months to comp lat approval process, estimating
it could take five months to get the 1-EM • olved.
Mr. Rafferty noted the reading tha . • a final plat conforms with the preliminary
plat, approval is a technicality. e. + i e difference is the split into two lots.
Mr. Smyser identified the . + of the subject site of the preliminary plat and the
location of the request _ + to� ate the Dairy Queen site. He explained the City
would not be considen.rov. of anything that increases the use of the site. He
stated it is not un development projects to include outlots in the final plat if
they have not yet i users. Mr. Smyser stated if the final plat proposal included a
larger number of lo an the preliminary plat, Staff would require a new preliminary
plat.
Mr. Rafferty stated his understanding that the rules for residential and commercial plats
are the same. Mr. Smyser stated that is correct and explained the types of changes that
can be made to the final plat while still remaining within substantial conformance of the
preliminary plat.
With regard to the road width, the past meeting minutes indicate that the Council
discussed the width of the street and the City Engineer, at that time, indicated a width of
60 feet would be adequate and it was approved by the Council.
Mr. Johnson inquired how the Amoco project was approved without final plat approval.
Mr. Smyser concurred that should not have been possible.
Planning & Zoning Board
April 12, 2000
Page 12
Chair Schaps asked for further public input. There being none, he entertained a motion to
close the public hearing.
Mr. Johnson made a MOTION to close the public hearing at 8:05 p.m., and was
supported by Ms. Lane. Motion carried 6 -0.
Archie Lessard stated he is applying for the permit for the Dairy Queen but is not the
developer and is unable to answer the platting questions. He stated he has no objection to
the recommended conditions of approval and is aware there may be a delay in the process
due to the need to address the final plat issues.
Mr. Rafferty referenced the approval for the Amoco application and asked, in
consideration of that issue, if there is anything that can be done to speed this process for
Dairy Queen.
Mr. Smyser stated that consideration would not follow
recommend the City make the same mistake twice.
Queen application but believes this is the proper ti
e would not
supports the Dairy
the final plat approval.
Mr. Rafferty encouraged Staff to do whatev to speed this process.
Mr. Powell advised of road constructi
determine the boundaries of the pr
could take up to 1.5 years whic
the FEMA consideration is u
Ms. Lane asked if this
month, 12 hour a day,
this area and Staff's work to
ed the FEMA map revision process
stantial work which has been completed and
onth facility. Mr. Lessard stated it will be a 12
Ms. Lane inquired : A.. , $�- number of parking spaces to be provided. Mr. Lessard stated
this is a Dairy Quee tandard and has been working well in other locations.
Ms. Lane asked if five to six spaces could be added to the north/east corner of the site if
parking became an issue. Mr. Lessard stated he would consider that in an effort to gain
more customers.
Mr. Johnson made a MOTION to approve the site plan and conditional use permit to
construct a Dairy Queen on 21st Avenue at Northern Lights Boulevard, subject to the
findings of fact as identified in the Staff report and subject to the following conditions:
1. The final plat must obtain approval from the City before a building permit is
issued for the Dairy Queen. The conditions of approval for the preliminary plat
must be met before final plat approval.
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Planning & Zoning Board
• April 12, 2000
Page 13
2. Building material shall be as shown on revised exterior elevations received April
4, 2000, showing EFIS as the primary materials, rather than corrugated metal.
The fence around the cooler and the trash enclosure shall be painted cedar wood,
not corrugated metal. These materials shall be reflected on building permit
submittals.
3. A lighting plan for the Dairy Queen site must be submitted and must meet City
lighting requirements before a building permit is issued. Lighting information
shall include a photometric plan as well as figures of any lot and exterior building
fixtures. Lighting shall be directed downward and not up into the night sky.
4. 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.
5. 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. Prior to issuance of building permits, building plans must be
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reviewed by the City CSO for compliance with CPTE
6. All permits required by the Rice Creek Watershed
to additional grading on the Dairy Queen site.
Watershed District permit requirements will
7. Final utility, grading, and drainage plans m
Engineer and Rice Creek Watershed Di
8. The City Engineer's concerns, inclu
addressed to his satisfaction.
9. A landscaping plan must meet
Specialist
10. Park dedication shall be
mendations.
11 be obtained prior
ure to comply with
t approval by the City.
proval from the City
mo of April 6, 2000, must be
oval of the City Environmental
The motion was supporte • b ych. Motion carried 6 -0.
G. PUBLIC HEA ` -: , Town Center Development Standards
Chair Schaps decl .. public hearing open at 8:13 p.m.
Staff advised of the 'ork undertaken by City Staff on the Town Center Development
Standards, meetings held, and consultant hired to assist in that process. Staff noted the
design standards have been developed and the recommendation is to create a new zoning
district with the design standards becoming the standards of that zoning district to assure
the development of an orderly, high quality downtown Town Center. Staff presented a
colored site plan identifying roadways, land use categories, open space /park, boulevard
design creating a linear park, and natural environment areas. Staff commented on the
effort that will be made to create environmentally - friendly developments with regard to
grading and ponding.
Staff noted the area identified for highway commercial (gas stations and fast food
restaurants) and mixed use areas that would be more pedestrian oriented and include
standards and concepts that are pedestrian friendly through setbacks being on the roadway
Planning & Zoning Board
April 12, 2000
Page 14
to create an "old town" environment. Parking would be on- street or behind the buildings
and wide sidewalks would abut the storefronts. Staff pointed out the area identified for
housing types including high density.
Staff stated that architectural standards will be included that require diversity and
articulation of the facade, as opposed to large expanses of concrete block. The parking
requirements will allow shared parking between compatible uses where possible in an
attempt to reduce the amount of impervious surface. Staff presented a diagram of street
alignment and noted that on- street parking would also be allowed. Another consideration
will be floor area ratio as opposed to considering a maximum amount of impervious
surface. He noted this is possible because of the large expanses of green space within the
district.
Staff presented the residential component, noting the areas allowed for ground floor retail
with residential units on the upper floors. The types of residi ses are not defined
but the minimum and maximum densities have been identi noted areas
anticipated for higher density that will support the retai as, • e for life -cycle
housing, and work toward livable community goals. to ce areas and
requirements within the residential areas were note S d the residential buildings
will be placed close to the street with parking . d e b dings for multi- density and
garages set back from the street for other re a� s. This is being considered in an
attempt to avoid a streetscape comprised garages.
Mr. Smyser noted the Planning an
document and provide input.
has met five times to review this
Chair Schaps restated that c hearing will not be closed tonight to allow
additional comment at y 000 meeting. He invited public comments to be
made.
Tim Baylor, repre DT Development Group, stated one of his clients is
McDonalds Restau . He stated he has specific concerns as the plan relates to their site
as well as general comments. Mr. Baylor stated he is a Planning Commissioner in the
City of Minneapolis and shares the sentiments about the proliferation of development and
appreciates the amount of work involved in the redrafting of such a document. He
suggested a lack of a macrovision in looking at a plan of this size and its impact and, on
the other hand, having no mention of any zoning or planning on the other side of Lake
Drive.
Mr. Baylor stated he has talked with the consultant and learned they used no local
comparable and all were from different parts of the country such as Florida and other
areas which are vastly different from Lino Lakes. He noted their comparable contained
nothing from the Midwest which is a concern to him. Mr. Baylor stated this is a detailed
plan and appears it should be market driven rather than municipality driven. He
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Page 15
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suggested that some of the property owners may indicate they want to be compensated for
the taking of their land due to over regulation.
Mr. Baylor stated the highway commercial /shopping district currently is one of the most
intense zoning designations the City has. It is along the freeway and appropriately zoned
because of its access and location. He stated that to put that intense zoning next to open
space and a park seems somewhat contradictory especially since north of Apollo Drive is
more intense development. He stated they are ready to proceed with the McDonalds
Restaurant and have been before the City for over two years. He stated they do not have
the luxury of waiting to see what happens and they want to move forward with a certainty
as to what will be happening. In April of 1999, the Planning and Zoning Board and
Council approved the PDO. Mr. Baylor stated it is his understanding that the design
standard incorporated the vision of the document being discussed tonight. About three
weeks ago, the Mayor signed the final plat, reconfirming the PDO so they can commence
with the project.
Mr. Baylor read a portion of the City's Zoning Ordinan ce s the purpose of the
PDO, noting the PDO has already been approved . at through the PDO
process, most of the City's objectives can be reach •u oncerned that changing
the Land Use Plan and zoning designations wil e a ct the marketability and
economics of his project and, thus, jeopard .tea have been working on several
years to develop. Mr. Baylor asked the P d Zoning Board to consider his
comments and to assure the ability fo 'ec • proceed.
Peter Coyle stated he is speakin Joel and Elise Tagg who own property
south and east of 35W and e k r. e echoed Mr. Baylor's comments regarding
Staff's effort to reach out . t < _gs and obtain their input. He noted this area will be
an important part of th h • ° ' opment but stated he also shares concerns that the
proposed plan goes too s e stated it is intended to assure compatibility of land uses
but without the h • e aying that is how it must be He respectfully suggested the
document goes to �. ill have an unintended consequence of making it more
difficult, more expe ve, and thus less likely for the desirable development to occur. Mr.
Coyle stated a docum nt is difficult to create that includes a collective vision and he fears
the current document does not reflect the community's vision for Lino Lakes but, rather,
the visions that have worked in other regions of the United States. He noted there is no
indication if the design criteria is economically feasible or desirable by developers to
pursue. He stated they want the Town Center to be a successful part of the City and
development of the Tagg property to occur.
Mr. Coyle noted the road configuration identified on the land use map was indicated to be
a "must do" road configuration which means if a large developer came forward, they
would be handed a grid of how the roads must be, regardless of their idea or cost
effectiveness. He asserted this would "close doors" that do not, at this time, need to be
closed since the City's ordinances allow the ability to make those site specific
considerations once a viable site plan is before the Planning and Zoning Board and/or
Planning & Zoning Board
April 12, 2000
Page 16
City Council. Also, it will be cost prohibitive for a small family -owned enterprise to
comply with the required design elements, monuments, etc. He explained that if the land
has a certain market value, and the business has a certain economic proforma, the costs
reflected by the document need to fit within the developer's budget including the cost of
the property itself. He encouraged the City to retain the good elements and to look at how
the document can be "softened" or included in the zoning ordinance. Mr. Coyle noted the
proposed zoning classifications identified on the land use map for the Tagg property and
commented on the restriction it imposes in that a developer may have a different proposal
in mind. He suggested an overlay district be considered which would allow that not to
occur. He stated another concern is the extent to which the City will commit itself to
providing financial resources to accomplish this plan. He suggested the City will have to
demonstrate it is willing to place some "money on the table" to assure the architectural
requirements of the plan becomes a reality.
Mr. Coyle commented on the substantial development occurr aple Grove along
the freeway, noting it is the "hottest" development area in t ..longside two major
freeways, and Maple Grove has financed the infrastruct an • '�� ' other
considerations. He stated he was part of that proces w difficult it was for
the developer to commit prior to the City coming f• financial assistance of
some kind. Mr. Coyle stated he thinks the Lin e to as done a terrific job in
drafting a credible plan but there is a delic ween a plan that shows credible
visions and plans and one that goes too fa in urged the City to soften the
requirements to assure it is feasible toc
Chair Schaps asked if there is a e e City should become involved in
absorbing financial costs to ' m attractive. Mr. Coyle stated he has had some
discussion with the City ate• • and understands the restrictions placed on TIF use but
he thinks the City sho # • ,, a to adopt a TIF district, possibly with the
intervention of the Leg `< e, to facilitate future development. He stated he is not
presuming to say y should spend its dollars on since the developers may be
willing to cover so -� -m. However, there may be some good projects that are
marginal and unabl . + "clear the bar" especially with the desired housing projects. Mr.
Coyle commented on a Chanhassen project where the Metropolitan Council contributed
$700,000 toward the streetscape. He suggested that may be the type of commitment that
needs to be present to assure the developer that the City wants these design criteria met.
Chair Schaps stated it has been mentioned this plan includes "San Diego" type features
and asked if that is a viable type of development for Lino Lakes. Mr. Coyle stated the
Maple Grove plan, which is a new urbanist plan, would not have happened but for the
City's involvement in a substantial way. He stated it is his personal view that you need a
fairly significant population density potential to warrant that type of development and for
it to work. He noted the metropolitan area is more accustomed to low density designs and
he does not know if the Maple Grove type of development is feasible everywhere else.
He urged caution in this consideration and suggested further discussion with the City's
consultants.
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April 12, 2000
•Page 17
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Mike Winge, Marshan Lane, stated he is a minority property owner with Glen Rehbein.
He stated he shares the comments made by the first two speakers. Mr. Winge stated that
while visiting Florida he saw a development that was the same concept as being
suggested in this plan. He stated that it was enjoyed by all, some even driving their golf
carts to the businesses. However, when the whether turned cold, he noticed that the
businesses were not patronized. Mr. Winge noted the winter weather in Minnesota will
be a negative impact for this type of design. Also, they are being taxed for 40 acres of
commercial land and the plan proposes a lot of residential.
Tom Vacha, 7702 Lake Drive, stated his concern with the plan that shows an access point
to Lake Drive but no provision for any berm or trees for residents on Carolyn Drive or
77th Street. He noted that Lake Drive is also heavily traveled and access is difficult.
Greda Jacott, 719 77th Street, pointed out the location of her
about the roadway. She stated they have the youngest child
the proposed plan results in their having to back out int
this will be a concern for other homes in the neighb
neighborhood children use the roadway to practice
concerned for their safety.
Darrel Silverness, YMCA Director, state
He explained they are working with a
preparing some site plan drawings
for a second access point and if
money. He explained that o
and require street facade.
lot side, meaning they
YMCA is built and thi
development is d
believe they have
nd stated her concern
neighborhood and
. Ms. Achott stated
She advised that
eboard so she is
like to offer preliminary comments.
o is reviewing design standards and
of the requirement results in the need
a the cost, they would need to raise more
ed site, two sides will be considered street sides
most of their users will be entering from the parking
e decorative sides. Mr. Silverness stated if the
s developed within three years, they will be thrilled. But, if
membership will be negatively impacted. He stated they
site for the YMCA.
James Kauth, West 7 Street, noted the location of his house and asked if the site plan
depicts the existing structures or new buildings at the corner of 77th Street. Mr. Smyser
stated it depicts the long term vision that the site will be redeveloped.
Mr. Kauth asked about the price of housing in the residential area and if it includes public
housing. Chair Schaps explained there has been no discussion of price or type of housing
that would be included. Mr. Smyser stated that is correct.
Mr. Kauth asked about the density for the residential. Mr. Smyser stated that is not yet
known, but there is a possibility for townhomes.
Mr. Coyle noted the Tagg quadrant has two commercial operations in existence and asked
how those facilities measure up to the proposed Town Center standards. Mr. Smyser
Planning & Zoning Board
April 12, 2000
Page 18
responded that some aspects do comply but some do not. The location of the building on
the lot and large parking areas do not comply. He stated the buildings are quite nice and
were negotiated designs. Since that time, Staff found the investment in the structures
could have been more in the street level. With the new standards, the parking areas
would have been combined. Mr. Smyser stated the design and placement of those two
commercial uses are more compatible with the highway district as opposed to the mixed
use area.
Mr. Smyser stated that good comments have been received tonight and at next month's
hearing additional information will be provided on the roadway issues that were raised
tonight. He thanked all in attendance for their comments.
Mr. Johnson made a MOTION to continue the public hearing to the May 10, 2000
Planning and Zoning Board meeting., and was supported by Mr. Rafferty. Motion carried
6 -0.
VI. DISCUSSION ITEMS
A. DNR Smart Growth Greenways Plan
Mr. Smyser advised that Lino Lakes and th ' °t cooperating in a DNR initiated
program called the Wildland Urban Interf. = e Pr• ,am. The DNR's goal is to assist local
governments with preserving habitat • • dl , water quality, and other natural
resources. The DNR has asked Li ugo to be the two cities to participate in
this program to work with urb i ities to attempt to minimize the impact on
natural resources. Mr. Smys w he three parts to this program and the indication
from the DNR that they w . u • further refinements of the natural resource inventory
and will make suggesti� • h• o improve the City's method. The City of Hugo will
work with a landowner . "development project to create a model for subdivisions that
have less negativ „a . ct'• he environment. The City of Lino Lakes is under no
obligation to follo�'���ommendations from the DNR. Mr. Smyser noted that Staff
has considered deve ing a guidebook to assist small acreage landowners in resource
management and the NR program gives the City an opportunity to have the DNR do a
large amount of that work. Mr. Smyser stated this is being provided as informational
since it may result in the need for ordinance amendments.
Chair Schaps inquired regarding "smart growth" initiatives. Mr. Smyser explained it is a
combination of using less land to accommodate development (more density) and to be
more environmentally friendly with fewer natural impacts. He stated in the City's Town
Center, clustering, the preservation program, and sustainable development all addresses
smart growth initiatives.
Chair Schaps asked if the DNR is asking for the opportunity to become involved, review
projects, site plans, etc., and then offer suggestions on how it could be done in a more
environmentally friendly or smarter manner but the City has no obligation to follow their
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Planning & Zoning Board
April 12, 2000
Page 19
suggestions. Mr. Smyser stated they do not want to be involved in the City's design
review process. He explained how an open space management plan could be useful to the
City in development considerations.
Mr. Johnson stated he sees this program as working with certain DNR staff people who
have expertise in areas of nature and who will provide an additional prospective on
different approaches, similar to the City's Environmental Board.
Mr. Smyser stated that is his impression as well and he thinks the DNR will benefit by
learning what is being done in Lino Lakes.
Ms. Lane stated she saw a presentation on Smart Growth and noted it is a way to prevent
urban sprawl.
Mr. Schilling asked if the City will receive the full attention • °DNR if Lino Lakes
does not participate in their entire program. Mr. Smyser ex ned "'s program is
entirely new and being created and he sees nothing to 1• • rating.
Chair Schaps noted the consensus of the Planning
caution to participate in the DNR collaborative
resource guidance to enhance smart growt
oard to proceed with
ca d "Integrating natural
rban interface communities."
B. Bluebill Ponds, Preliminary Plat
Mr. Smyser advised that negoti o e en occurring with Mr. Powell being the lead
facilitator. Staff expects to preliminary plat at the May 10, 2000 meeting
which works toward the as of the City, property owner, and developer.
Mr. Powell addressed
VII. ADJOURNMEN
ns o the members relating to the negotiations.
Mr. Johnson made a OTION to adjourn the meeting at 9:30 p.m., and was supported
by Ms. Lane. Motion carried 6 -0.
Respectfully submitted,
Carla Wirth, Recording Secretary
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