HomeMy WebLinkAbout05/09/2001 P&Z MinutesPlanning & Zoning Board
May 9, 2001
Page 1
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT .
STAFF PRESENT
May 9, 2001
6:30 P.M.
10:30 P.M.
Corson, Lane, Lyden, Rafferty, Schaps, and Zych
(arrived at 7:14 p.m.)
None
City Engineer Powell; Economic Development
Director Brian Wessel (part); Cindy Sherman
(NAC)
I. CALL TO ORDER AND ROLL CALL
Chair Schaps called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m., May 9, 2001.
• II. APPROVAL OF MINUTES — April 11, 2001
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Mr. Lyden made a MOTION to approve the minutes of the April 11, 2001, meeting of the
Lino Lakes Planning and Zoning Board as presented, and was supported by Ms. Lane.
Motion carried 5 -0.
III. APPROVAL OF AGENDA
The agenda was approved as prese
IV. OPEN MIKE
Chair Schaps declared Open Mike open at 6:37 p.m.
Theresa O'Connell introduced herself as a member of the Environmental Board and
offered to answer questions the Planning and Zoning Board may have regarding their
recommendations,
No one else was present for Open Mike.
Ms. Lane made a MOTION to close Open Mike at 6:38 p.m., and was supported by Mr.
Corson. Motion carried 5 -0.
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Planning & Zoning Board
May 9, 2001
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V. ACTION ITEMS
A. John Cartier, 2088 80th Street E., Variance
Staff presented the application by explaining the applicant, Mr. Cartier, has submitted an
application for a variance from the prohibition on building an accessory building closer to
the front lot line than the principal building.
Staff presented its analysis of the request by explaining the City's zoning ordinance states
that "no detached accessory structure shall be closer to the front lot line than the principal
building or its attached garage (Section 3 Subd. 4.D.1.c.)." The existing house is toward
the southwest corner of the property and the septic system is to the southwest of the
house. Considering the need for an alternate drainfield site, there is little land left for an
accessory building. It was noted that the land to the southeast of the house is lowland and
unbuildable. Staff noted the aerial photo does show an area that appears to be a pocket
pond, possibly wetland. The area noted as "drainage" on the drawing corresponds to a
type of soil with seasonally high water table, according to the County soil survey prepared
by the Soil Conservation Service.
Staff noted it is possible that the accessory building could be built in the far southeast
corner of the site, but that would require driving through the wet area to reach it from the
house. Mr. Cartier wants to build a 40' by 60' or 40' by 70' accessory building. This site
is approximately ten acres so the applicant can have a total of 4,200 square feet of
accessory space, including the attached garage. The garage is approximately 868 square
feet, which leaves 3,332 square feet. A 40' by 70' building would be 2,800 square feet.
Staff read the five findings of fact, as stated in the zoning ordinance, that the City shall
make in considering all requests for variance in taking subsequent action.
Staff noted it would be unreasonable to require a driveway through the wet area to reach
the far southeast corner of the property. The landowner's intent to use the new building
for an agriculture use fits with the purpose of the Rural zoning district. Staff recommends
approving the variance conditioned on a building permit being obtained before
construction of the accessory building begins.
Chair Schaps invited the applicant to make comment.
John Cartier, applicant, stated he has nothing to add to the staff report and would
appreciate approval of his variance request since there is no other location that would
work.
Chair Schaps asked if any of the neighbors have raised objections. Mr. Cartier stated
there have been no objections.
Mr. Corson asked the intended use. Mr. Cartier stated he has ten acres but has access to
additional family -owned property and would like to use the building to park his
equipment inside.
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Mr. Corson asked if he is aware that a business cannot be operated from this building.
Mr. Cartier stated he does understand that and plans to keep a dirt floor; however, he
would like to sell vegetables.
Mr. Corson explained that a contracting or other type of business operation cannot be run
from this accessory building. Mr. Cartier stated he does not intend to do so.
Mr. Lyden explained the intent of the ordinance is to protect the neighbors and asked how
close this building will be to the neighbor's property. Mr. Cartier explained that the
buildings are approximately ten acres apart in distance and his neighbors have not voiced
any objections.
Mr. Corson made a MOTION to recommend approval of the variance request of John
Cartier at 2088 80th Street to construct an accessory building closer to the front lot line
than the principal building conditioned on the following:
1. A building permit must be obtained before construction of the accessory building
begins.
The motion was supported by Mr. Lyden. Motion carried 5 -0.
B. Glenn Valentine, 64th Street and 20th Avenue, Variance
Staff recommended this item be tabled to the June 13, 2001 Board meeting since there
was not adequate time to prepare a report.
Ms. Lane made a MOTION to continue consideration of the variance request of Glenn
Valentine at 64th Street and 20th Avenue, to the June 13, 2001 meeting, and was
supported by Mr. Corson. Motion carried 5 -0.
C. PUBLIC HEARING, Stat Transport Systems, 416 Lilac Street, Conditional
Use Permit
Chair Schaps declared the public hearing opened at 6:45 p.m.
Staff presented the application by explaining the applicant, Craig Hubbard and Steve
Lawrence of Stat Transportation, have submitted an application for a conditional use
permit to allow the operation of a truck freight transfer service station on the property
located at 416 Lilac Drive. The subject property is zoned GI, General Industrial District.
Truck freight transfer service stations are a conditionally permitted use in the GI District.
Staff advised that the subject property has two existing conditional use permits, granted in
September of 2000. The first allowed expansion of an existing pole barn, while the
second allowed outdoor storage. Together, these permits allowed Central Suburban, Inc.
to operate a land development and construction company on this site. This use involved
the storage of trucks, equipment, and construction materials.
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Staff explained that the new use will be a trucking company. The company operates six
straight trucks and five semis. These trucks depart the site daily between 7:00 a.m. and
8:30 a.m., Monday through Friday, and return between 3:00 p.m. and 5:00 p.m. for
parking overnight. Occasionally, trucks will return to the site with freight that is stored
overnight and delivered the next day. The site contains an existing building which the
applicant will use for a small office for administrative purposes and a shop area for
maintenance of the trucks and trailers.
Staff presented its analysis of the request by explaining that the applicant has indicated
that they plan to add a loading dock. The applicant must submit a site plan showing the
location of this loading dock and demonstrate that it conforms with Section 3,
Subdivision 6 of the City Code.
Staff presented the eight conditions, according to Section 8, Subdivision 2.I.8, that must
be weighed when considering a conditional use permit to allow the operation of a truck
freight transfer service in the GI District. Staff also presented staff's findings related to
each of the eight conditions as listed below:
1. Vehicle access points shall be located along roadways having sufficient capacity
to accommodate the traffic generated by the use and subject to the approval of the
City Engineer.
Finding: Access to the site comes from Lilac Drive. The 1997 Transportation Plan
designates Lilac Drive as a minor collector. This road should be capable of
accommodating the traffic from this site However, the City Engineer should confirm this
finding.
2. A drainage system subject to the approval of the City Engineer shall be installed.
Finding: The applicant's survey shows a drainage and utility easement along the site's
south property line. The survey also indicates that only a small portion of the parking and
storage area will be surfaced with black top, while the balance will be gravel. The City
Engineer should review this survey and determine if this design is capable of
accommodating the site's drainage needs.
3. Storage areas are landscaped, screened from view of neighboring uses, abutting
residential zoning districts, and public rights -of -way in compliance with Section
3, Subdivision 4.S.
Finding: According to the applicant's survey, there is an existing fence surrounding the
area designated for truck parking, loading and storage. However, it does not indicate the
type or height of this fence. According to Section 3, Subdivision 4.S, this fence must be
six feet high and provide a solid screen. Staff assumes that this existing fence meets
these standards
4. Each light standard base shall be landscaped.
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Finding: According to the applicant's survey, the site contains no light standards.
5. Vehicle access points shall create a minimum of conflict with through traffic
movement and shall be subject to approval of the City Engineer.
Finding: This site has one access to Lilac Drive along its northern property line. This
access should provide adequate vehicle movement through the site.
6. All signing and informational or visual communication devices shall be in
compliance with the applicable provisions of Appendix C of the City Code.
Finding: Staff assumes that Stat Transportation will install new signage. All new signs
must comply with the City's Sign Ordinance and a separate permit is required.
7. Provisions shall be made to control and minimize noise, air and water pollution.
Finding: As with all commercial and industrial properties, this site will be required to
meet the performance standards for noise, air and water pollution.
8. All conditions pertaining to a specific site are subject to change when the Council,
upon investigation in relation to a formal request, finds that the general welfare or
public betterment can be served as well or better by modifying the conditions.
Finding: The City may review the conditions of this permit and require the applicant to
comply with any changes necessary to ensure the original intent of the permit as well as
the health, safety and general welfare of the community.
Staff recommended approval of a conditional use permit to allow the operation of a Truck
Freight Transfer Service Station on the property located at 416 Lilac Drive based on the
findings and subject to the four conditions listed in the staff report.
Chair Schaps invited the applicant to make comment.
Steve Lawrence, applicant, explained their delivery business and stated they are currently
operating from Mr. Hubbard's basement.
Craig Hubbard, applicant, explained the need for better organization.
Chair Schaps asked about the typical hours of operation. Mr. Hubbard stated they have
six straight tucks and would operate from 7:00 a.m. to 5:00 p.m. Mr. Lawrence estimated
one semitruck in town at a time.
Chair Schaps asked if deliveries will come in during the day hours. Mr. Lawrence stated
that could occur on occasion.
Planning & Zoning Board
May 9, 2001
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• Chair Schaps asked if neighbors have voiced objections. Mr. Lawrence stated they are
not aware of any objections.
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Ms. Lane asked if the semitrucks will idle all night. Mr. Lawrence stated they have plug -
ins so the trucks will not be idling all night.
Mr. Corson made a MOTION to close the public hearing at 6:51 p.m., and was supported
by Mr. Lyden. Motion carried 5 -0.
Mr. Lyden stated he understands that this is an appropriate use for this Industrially zoned
property; however, it is his opinion that it is not good to have semitrucks using the same
streets that the neighborhoods use. He asked about point #5 and whether this is a
legitimate concern.
Mr. Powell stated this road is a collector County street and does not go through the
neighborhood. He noted this lot was used by a previous trucking /hauling firm and there
were no significant problems with that prior use. He stated staff anticipates no conflict
with the proposed use.
Mr. Lyden stated it is his personal opinion that the Lake Drive corridor is where families
live and there are large acreage parcels on the east side of the City for commercial service
areas that would not result in a mixed use situation.
Mr. Corson asked if an annual review of this conditional use permit would be appropriate
or if it could be reviewed should problems occur Mr. Powell stated conditional use
permits run with the property but it is staffs intent to review them annually. He noted
that conditions can be placed on the approval and if the conditions are violated,
revocation could result.
Ms. Lane made a MOTION to recommend approval of a conditional use permit to allow
the operation of a Truck Freight Transfer Service Station on the property located at 416
Lilac Drive, based on the findings contained in the staff report and subject to the
following conditions.
1. All drainage plans are subject to the review and approval of the City Engineer.
2. The site's perimeter fence must comply with the performance standards outlined
in Section 3, Subdivision 4.S.
3. All signage must comply with the City Sign Ordinance.
4. This site must comply with all applicable or unmet conditions outlined in the
September 25, 2000 staff report for Central Suburban, Inc.
5. The trucks will not be allowed to idle when not in use or between the hours of
6:00 p.m. to 6:00 a.m.
• The motion was supported by Mr. Corson.
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Mr. Lyden asked about on -site maintenance of these trucks. Mr. Hubbard stated they will
do minor truck maintenance but would pull the truck into the garage bay. He explained
that any major maintenance would probably be done off -site.
Motion carried 5 -0.
D. PUBLIC HEARING, Highland Meadows West 3rd Addition, Preliminary
Plat (Continue Public Hearing)
Staff advised the applicant has withdrawn this application so it can be revised and
recommended it be tabled to the June 13, 2001 Board meeting.
Mr. Corson made a MOTION to continue consideration of the Highland Meadows West
3rd Addition preliminary plat to the June 13, 2001 meeting, and was supported by Mr.
Lyden. Motion carried 5 -0.
E. PUBLIC HEARING, Community National Bank, Rezone
Chair Schaps declared the public hearing opened at 7:00 p.m.
Staff presented the application by Community National Bank for a rezoning of the
property located at 7651 Lake Drive from NB, Neighborhood Business District to GB,
General Business District. The subject property is located directly north of the existing
bank and the rezoning will allow the bank to expand its existing parking lot. The
applicant will also need to receive site plan approval prior to construction of the parking
lot.
Staff presented its analysis of the request, noting that according to Section 2, Subdivision
1, of the City Code, the Planning Commission and City Council shall weigh five factors
when considering a rezoning request. These factors and staff's findings for each were
presented as follows:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the City's official
Comprehensive Plan.
Finding: Rezoning this site from NB, Neighborhood Business District to GB, General
Business District is consistent with policies and provisions of the City's Comprehensive
Plan. However, these policies and provisions should also be examined during the site
plan review process. Examples of these policies include:
a. The Proposed Land Use Map guides this area for commercial use.
b. Develop service and commercial centers as cohesive, highly interrelated
units with adequate off - street parking.
c. Blend commercial redevelopment which is of a similar size and scale with
existing businesses and which is supportable by available markets.
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2. The proposed use is or will be compatible with present and future land uses of the
area.
Finding: The Existing Land Use Map indicates that the subject property is bordered by a
commercial use to the south, vacant land to the east (across Lake Drive), and residential
uses to the north and west. The Proposed Land Use Map guides the surrounding
properties for commercial use. Therefore, expansion of the bank use on this site is
consistent with the future land use plan for this area.
3. The proposed use conforms with all performance standards contained herein.
Finding: At this time, the applicant is only requesting a rezoning. That application
appears to meet the standards for rezoning outlined in the City Code. However, prior to
actual construction of the proposed parking lot, the applicant must receive approval of a
site plan in compliance with all applicable performance standards and combine this lot
with that of the existing bank.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
Finding: Rezoning this site from NB, Neighborhood Business District to GB, General
Business District will not overburden the City's service capacity. However, this finding
is contingent on the applicant combining this property with the bank site. Creating an
independent General Business lot in this location could have other issues.
Nevertheless, the planned development of an additional parking area on this site may
affect the capacity of City service. Prior to issuance of a building permit, the applicant
will be required to receive approval of a site plan. During this review, staff will more
closely examine this development's effect on City services.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: Rezoning this site from NB, Neighborhood Business District to GB, General
Business District will not have an adverse effect on traffic at the site. However, the
actual design of the parking lot may have an effect on future traffic flow. Staff will more
thoroughly examine traffic issues during the site plan review process.
Staff presented the options of consideration available to the Board and recommended
rezoning the property located at 7651 Lake Drive from NB, Neighborhood Business
District to GB, General Business District. This recommendation is based on the findings
and two conditions contained in the staff report.
Chair Schaps invited the applicant to make comment.
Curt Martinson, representing Community National Bank, explained they need additional
parking since they now have a total of 35 employees, eight to nine at this location. In
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addition, they hold real estate closings which result in the need for additional parking.
Mr. Martinson stated they purchased additional property that is zoned Neighborhood
Business and are requesting a rezoning to General Business so it can be used for parking.
Mr. Corson asked if the driveway from Lake Drive will be used. Mr. Martinson answered
affirmatively and stated Anoka County Commissioner Margaret Langfeld has obtained a
letter of approval from Anoka County Highway Engineer Jon Olson.
Mr. Lyden asked if they will add drive -thru lanes. Mr. Martinson stated they have no
plans at the present time.
Ms. Lane asked if this will be a divided roadway in the future. Mr. Powell stated the
County has initiated a reconstruction road project and will propose a divided section.
However, the City has indicated it prefers one lane in each direction with a shared turn
lane.
Mr. Martinson stated they are aware of that project in their discussions with the County.
Ms. Lane made a MOTION to close the public hearing at 7:05 p.m., and was supported
by Mr. Rafferty. Motion carried 5 -0.
Ms. Lane asked if the homes to the north are zoned for commercial in the proposed
Comprehensive Plan. Mr. Martinson stated the property adjacent to the lot they
purchased currently contains a house but is being used as a commercial chiropractic
office.
Mr. Powell stated the draft Land Use Plan identifies that parcel as Commercial.
Mr. Lyden made a MOTION to recommend approval of rezoning the property located at
7651 Lake Drive from NB, Neighborhood Business District to GB, General Business
District based on the findings made in the staff report and subject to the following
conditions.
1. The applicant must submit and receive approval of a minor subdivision
application prior to construction of any kind on this site.
2. The applicant shall submit and receive approval of a detailed site plan in
conformance with all applicable performance standards for properties in the GB
District prior to construction of any kind on this site.
The motion was supported by Mr. Corson. Motion carried 5 -0.
F. PUBLIC HEARING, Pinnacle Towers, 870 Birch Street, Rezone, Amend C.U.P.,
Amend Zoning Ordinance
Chair Schaps declared the public hearing opened at 7:07 p.m.
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Staff presented the application by explaining the applicant, Pinnacle Towers, Inc.,
submitted an application requesting a zoning amendment, rezoning, and a conditional use
permit to allow the construction of a 530 -foot tower on the property located at 870 Birch
Street. The site is currently zoned R -1, Single Family Residential District and has a
conditional use permit to allow an existing 500 -foot tower. Should the City approve
these requests, the applicant must still request and receive approval of a detailed site plan
and conditional use permit in conformance with all applicable performance standards
prior to actual construction of the tower.
Staff noted the existing 500 -foot tower was granted a special use permit in 1973. The
City amended that permit in 1993 to allow a new building on this site. In 1997, the City
adopted a new Zoning Ordinance. The following year, the City amended the Code with
Ordinance 01 -98, which allowed towers up to 200 feet as a conditional use in the Rural
and Industrial Zoning Districts. The end result of these changes is that the existing tower
is allowed to continue in its present form as a legal non - conforming use.
Staff advised there are several reasons why this site is an appropriate use for both the
existing and proposed tower. First, the site's size and location make it relatively isolated.
Second, this relatively isolated location helps make a tower use on this site compatible
with the surrounding uses. In general, tower uses have a low impact on surrounding uses
because they don't have the operational issues associated with other commercial or
industrial uses. Finally, according to the applicant's survey, approximately two - thirds of
the site is covered with a wooded wetland. It is reasonable to assume that allowing this
use to continue will protect and retain the wooded wetland area as open space.
Staff presented its analysis of the applicant's request to allow them to replace the existing
500 -foot tower with a new 530 -foot tower request as contained in the staff report. Staff
reviewed the five factors, according to Section 2, Subdivision 1 of the City Code, that the
Planning Commission and City Council shall weigh when considering zoning
amendments or rezoning requests. These factor and staff's findings for each are as
follows:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the City's official
Comprehensive Plan.
Finding: Both the zoning text amendment and rezoning of this site from R, Rural to PSP,
Public and Semi Public District are consistent with the policies of the City's
Comprehensive Plan. Some of these policies are listed below:
a. Avoid premature urban expansion into rural areas of the City.
b. Develop a cohesive land use pattern that insures compatibility and
functional relationships among activities.
c. Prevent over - intensification of land use development, in other words,
development which is not accompanied by a sufficient level of supportive
services and facilities.
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Planning & Zoning Board
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d. Balance land use types throughout the City. Avoid an over - allocation of
land use types on a sub -area or planning district basis.
2. The proposed use is or will be compatible with present and future land uses of the
area.
Finding: The Existing Land Use Map shows this site is bordered by vacant and low
density residential uses to the north, commercial uses to the east and south and low
density residential uses to the west. By comparison, the Proposed Land Use Map
illustrates this property is bordered by low density unsewered residential property to the
north and south and low density sewered residential property to the east and west. Staff
finds that the proposed use will be compatible with the present and future land uses.
3. The proposed use conforms with all performance standards contained herein.
Finding: The applicable performance standards for this use will be dependent on the
outcome of the zoning text amendment and rezoning requests. Our review assumes that
the City will approve the zoning amendment to allow radio and television broadcasting
towers in excess of 200 feet in height as a conditional use in the PSP District and a
rezoning of this site from R, Rural District to PSP, Public and Semi Public District.
Should the City approve these applications, this site will be in conformance with the
applicable performance standards.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
Finding: In general, radio and television broadcasting towers are not large users of City
services. This use will have a relatively low impact on City services and should not
overburden their capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: Television and radio tower sites have no employees and only a minimum
amount of related ground equipment. As a result, this type of use will produce little
traffic and have little impact on surrounding roads. The proposed tower site has access
from CSAH 10, which is also known as Birch Street. According to the Functional
Classification System Plan, CSAH 10 is a Minor Arterial Route. This use should
generate an insignificant amount of traffic and be well within the capabilities of this road.
However, the Engineer should comment on its impact on surrounding roads.
Staff presented the Zoning Code text amendment that would result and recommended
approval of a zoning text amendment to permit television and radio broadcasting towers
in excess of 200 feet as a conditional use within the PSP, Public and Semi Public District
and a rezoning of the property located at 870 Birch Street from R, Rural District to PSP,
Public and Semi Public District based on the findings and conditions contained in the
staff report.
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Chair Schaps invited the applicant to make comment.
Chad Lemmons, representing Pinnacle Towers, Inc., stated staff did a good job of
presenting their request and explained the current tower cannot accommodate additional
towers. He stated the intended use is for cellular communications.
Chair Schaps asked if they have any current buyers of space. Mr. Lemmons stated there
are none he knows of. He explained they are requesting 35 feet to add more guidewires
and assure it is structurally sound to accommodate additional users.
Mr. Corson stated this is an obvious location but he would like additional details on how
the tower will appear. Mr. Lemmons stated it will be identically to the existing tower
except it will be taller. Mr. Corson stated he has no objection to that, but would like a
written indication that is what will occur.
Chair Schaps noted other communities are no longer requiring towers of this height and
he understands the skepticism. He asked if the information on the structure can be
provided in writing. Mr. Lemmons stated he will provide that information.
Chair Schaps asked if time is of the essence or if this can be considered in June. Mr.
Lemmons stated the construction schedule is set and they would like to get this done as
quickly as possible.
Mr. Lyden stated this issue has more to do with best practices, policy and procedure. He
noted there is to be no expansion until such time as a City -wide plan is in place. He noted
that text amendment affects all PSB, not just this site. He commented on the need for a
broad perspective to assure other areas of Lino Lakes are not impacted. Mr. Lyden stated
his support of the Environmental Board's recommendation on the need for a City -wide
plan.
Mr. Lemmons stated that he understands that concern; however, the conditional use
permit can assure that protection.
Mr. Zych arrived at 7:14 p.m.
Mr. Powell advised that Mr. Smyser attempted to develop a City -wide tower plan and
contacted surrounding committees but he had a great deal of difficult in obtaining
information from tower users which was needed to develop a City -wide plan.
Mr. Lyden asked if the site of the wellhouse on Birch is a potential site for a radio tower.
Mr. Powell stated that site is City owned and sized to accommodate future water system
treatment of that well.
Chair Schaps stated he does not know exactly what is being proposed and would like to
see more detailed plans since this is a rather major reconstruction in a more developed
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Planning & Zoning Board
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area than when the tower was first constructed. He asked Mr. Lemmons if he could
return to the June meeting to present those plans.
Mr. Lemmons stated he is unable to answer that question but understands this is a priority
project. He reiterated they will provide copies of the plan and answer all questions raised.
He pointed out they will have to return for the conditional use permit anyway.
Chair Schaps asked Mr. Lemmons to also provide information on any other additional
equipment that could be located on the tower.
David Igel, 783 Beaver Circle, stated he lives behind this tower and asked how long the
construction will take. He stated the current tower does not bother him that much but
wondered if his reception will be interrupted by the capabilities of this new tower. He
also asked about the area the tower would impact should it fall over and if a rezoning
could result in other commercial uses on this site in addition to the tower.
Mr. Lemmons stated the tower is designed to fall within the bounds of the property and
will not impact property outside of the boundaries.
Mr. Corson asked that guidewire plans also be presented in June.
Mr. Corson made a MOTION to continue the public hearing of a zoning text amendment
to permit television and radio broadcasting towers in excess of 200 feet as a conditional
use within the PSP, Public and Semi Public District and a rezoning of the property
located at 870 Birch Street from R, Rural District to PSP, Public and Semi Public District
to the June 13, 2001 meeting, and was supported by Mr. Lyden. Motion carried 6 -0.
G. CONTINUED PUBLIC HEARING, Rockey Goertz /Spirit Hills, Inc., Rezone
to Planned Development Overlay and Preliminary Plat
Staff presented the application by explaining the applicant, Rockey Goertz, has submitted
an application for a preliminary plat for a single - family development to be known as
Spirit Hills. The site is located on the northeast corner of State Highway 49 and Birch
Street, between Rice Lake and Shenandoah Addition. The Planning Commission
reviewed an application that included single - family lots and townhouses at their April
meeting and tabled action based on the mixed use and other issues related to the design.
Staff indicated its original review was based on plans dated April 25, 2001.
Staff noted that new and additional information had been provided related to this
application since the staff report was written. She noted the copy of the preliminary
approval from the Rice Creek Watershed District and a plan revision for the northern
portion of the site to address lot depth and area concerns that were raised in the previous
staff report. The revision eliminates the two cul -de -sac design and proposes one cul -de-
sac. The number of lots remains the same.
Staff noted the location of the cul -de -sac which is approximately 750 feet in length. The
City's street construction standards limit cul -de -sac length to 500 feet. Under the
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ordinance, the Council may "permit variations from the requirements in specific cases
which in its opinion, do not affect the general sense of this chapter." In this case, the
longer cul -de -sac allows the elimination of one cul -de -sac so it limits the overall number.
In addition, the existing development and the road connection to the east and the lake and
wetland areas on and surrounding the property limit the design possibilities.
Staff noted that Lots 5 -10, Block 2, have been modified so that all of the lots meet the
upland lot area requirement. With the revised design, all of the lots meet the ordinance
requirements for upland lot area and width. Lot 22, Block 1, does not meet the lot depth
requirement of 135 feet; all other lots meet the lot depth provision.
Mr. Powell stated he received an e -mail from Anoka County and found the road
configuraitons as propsoed are consistent with what has been discussed.
Ms. Sherman noted the addtional information that has been provided by the applicant and
commented on potential impact to utility layout. She advised that based upon the revised
plans and action by the Rice Creek Watershed District, staff recommends approval of the
application for preliminary plat subject to the six conditions detailed in the May 9, 2001
staff report.
Chair Schaps asked about additional comments from the Environmental Board. Ms.
Sherman stated they want to assure the wetland boundary is protected and a homeowner's
association is formed to assure that protection.
Chair Schaps asked about the Park Board recommendation. Ms. Sherman stated they
recommend an all cash park dedication.
Mr. Corson asked about the continued trail along Birch Street. Mr. Powell stated he is
unsure whether the Park Board considered this since the revised plans were submitted by
the applicant on April 25th.
Mr. Rafferty stated he is pleased to see the direction toward single - family but finds it
difficult to believe the Park Board is recommending a cash donation for 50 homes. He
asked where the children from this neighborhood will play.
Chair Schaps invited the applicant to make comment.
Rockey Goertz, applicant, explained the site is surrounded by Anoka County parkland
which has adequate upland room for a trail. He estimated Anoka County has 25 acres
with a 20 foot to 100 foot strip of upland. Mr. Goertz stated he is open to dedicating a
portion of trail easement should it be needed. However, the Park Board recommended a
cash donation.
Chair Schaps asked how many park meetings he attended. Mr. Goertz stated he attended
no park meetings but has been in contact with staff. He stated it is his understanding that
the Birch Street trail was eliminated due to the high volume of traffic.
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Planning & Zoning Board
May 9, 2001
Page 15
Mr. Goertz stated they are open to the homeowner's association or other requests. He
addressed the storm sewer easement requirement and explained that Tim Hillesheim did
not have any objection to their proposed sketch. Mr. Goertz stated recommended
Condition #1 was an oversight on his part and can easily be addressed.
Mr. Lyden asked about the rear width of Lot 12 which ends in a point. Ms. Sherman
stated the ordinance does not indicate a minimum rear lot width and pie- shaped lots are
not prohibited.
Mr. Lyden stated his appreciation for the changes made to date and his preference for
R1X. He stated he shares the concern expressed by Mr. Rafferty about the need for a
park and noted that in the future, funding can be addressed. However, foresight is needed
today to obtain the property and he believes it would behoove the Planning and Zoning
Board to obtain that property now. He pointed out this would provide an asset to this
neighborhood.
Mr. Goertz stated they are open to considering a land dedication as long as they get credit
for it. He pointed out that this site is difficult to develop but all lots meet or exceed
25,000 square feet and the only R1X criteria it does not meet is lot width.
Mr. Lyden stated he would strongly advocate the need for a trail easement whether on
Anoka or City property.
Mr. Goertz stated it is an existing trail easement and they would not object if they need to
dedicate an additional 15 to 20 feet at the back of the lot.
Mr. Powell stated a trail easement along the lake would require field survey work but the
County has decided not to extend that trail due to site limitations in other areas. He noted
that the trail would also raise issues of maintenance.
Mr. Lyden noted that goals and ambitions change over time but he strongly supports
obtaining the easement at this time to assure Lino Lakes does not fall short Mr. Goertz
stated the initial plat provided the trail easement so that area has already been identified.
He offered to dedicate that easement to the County or City.
Eugene Gervais, 890 Old Birch Street, asked what will happen to the intersection of
Highway 49 and Old Birch Street which is not adequate now. Mr. Powell stated Anoka
County has begun right -of -way acquisition for the Highway 49 project but the exact width
has not yet been determined. He stated he is aware of a legislative bill to reduce the
speed on Highway 49 from 50 mph to 45 mph. He added that signals and widening of the
bridge will be part of this project. He stated if the speed limit is reduced, it would
provide more flexibility with regard to the roadway design features.
Bruce Pruitt, 6517 Hokah Drive, stated he has spoken with a number of neighbors and it
appears some of their concerns have been addressed. He stated the main issues are with
traffic and recreational areas for children. He commented on the need for a trail and
stated his concern with Outlot A and potential for a commercial business.
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Planning & Zoning Board
May 9, 2001
Page 16
Mr. Goertz stated it was left an outlot so the zoning can be at the Council and staff's
discretion. He stated he will come back with the outlot after the Comprehensive Plan is
finalized.
Mr. Pruitt stated his understanding that it could be commercial and he does not believe it
makes sense to delay that decision for several years. He suggested it be fenced and used
as a recreational area.
Mr. Goertz stated it is about four acres and he intends to wait until the Comprehensive
Plan is finalized.
Chair Schaps encouraged Mr. Pruitt to keep track of this property so he is aware when
something comes forward.
Environmental Boardmember O'Connell stated the northeast corner contains Oak
Savanna which they recommend be protected.
Chair Schaps asked if a Park Board representative is in the audience. No response was
received.
• Mr. Corson made a MOTION to close the public hearing at 7:55 p.m., and was supported
by Mr. Rafferty. Motion carried 6 -0.
Chair Schaps asked if conditions for trail or park land are desired.
In response to Mr. Lyden, Ms. Sherman estimated that Lot 19 on the old drawing is about
one - quarter acre. Mr. Lyden stated he would support a park of that size with any
difference being paid in cash. He stated he would also like some open green space.
Mr. Goertz asked if they have to revise their preliminary plat prior to the Council
consideration and if they will have to revise it again should the Council not support the
dedication of park land.
Chair Schaps stated that condition could be placed on the approval. Mr. Powell stated
that is correct and the plan can be revised following Council action, if appropriate.
Mr. Goertz stated his park dedication is $50,000 and asked which lot the Board would
like for park land dedication. He suggested Lot 30 since it is adjacent to the other
neighborhood.
In response to the request of Mr. Goertz, Mr. Powell recommended Condition #2 be
revised to remove the size and add approval by the City Engineer.
Mr. Corson asked if an easement can be provided along Birch Street if it is outside of this
property. Mr. Goertz stated he cannot dedicate land outside his project.
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Planning & Zoning Board
May 9, 2001
Page 17
Mr. Powell stated that easement is related to the outlot and when it is considered in the
future, that easement requirement can be addressed.
Chair Schaps noted the Park Board has indicated the intent to continue that trail.
Mr. Lyden made a MOTION to recommend approval of the Spirit Hills preliminary plat
subject to the following conditions:
1. Lot 22, Block 1, shall be eliminated or revised to meet the 135 foot lot depth as
measured in the center of the lot.
2. An area shall be provided for the lift station necessary to serve this site subject to
approval by the City Engineer.
3. All comments as listed in the May 1, 2001 memorandum from TKDA shall be
addressed to the satisfaction of the City Engineer prior to proceeding to final plat.
4. Park dedication in area of Lot 30, value to be determined, and dedication of an
upland trail corridor around the lake that borders this property subject to approval
by the City staff.
5. Appropriate permits shall be acquired from Anoka County for access to the
adjacent roadways.
6. The developer shall address all provisions /conditions outlined by Rice Creek
Watershed.
The motion was supported by Mr. Corson. Motion carried 6 -0.
H. CONTINUED PUBLIC HEARING, Heritage Development, Saddle Club
Site, Old Birch Street, Comprehensive Plan Amendment for MUSA, Rezoning,
Preliminary Plat
Staff presented the application submitted by Heritage Development for Comprehensive
Plan amendment and rezoning, and preliminary plat for a portion of an area included in
their application for preliminary plat. The property commonly known as the Saddle Club
is located south and east of Old Birch Street. The review is based on plans received by
the City on April 6, 2001.
Staff presented its analysis of the request, noting the project data, acreages, number of
lots (46) and density (1.15 units /acre) as contained in the staff report.
Staff recommended approval of the Comprehensive Plan amendment, rezoning, and
preliminary plat subject to the four conditions detailed in the staff report.
Mr. Lyden stated homeowners on that street raised questions about the sewer. He noted
the other route for the sewer brings it past a lot of wetland area. Mr. Powell stated the
applicant petitioned for a feasibility study and the recommendation is to extend from
directly west rather than down Old Birch Street due to saving restoration and crossing
costs, and wetland impacts.
Planning & Zoning Board
May 9, 2001
Page 18
• Mr. Lyden asked what the dollar figure is between the two routes. Mr. Powell estimated
a 50% higher cost.
•
•
Mr. Lyden asked about the potential for utility connections with an east/west route. Mr.
Powell estimated one to two.
Chair Schaps asked if there was discussion about closure to the north entrance from Birch
Street. Mr. Powell stated that was recommended.
Chair Schaps invited the applicant to make comment.
Mr. Hill, representing Heritage Development, stated he had nothing to add and offered to
answer questions.
Eugene Gervais, 890 Old Birch Street, stated there are several residents with recently
updated septic systems which were costly so he does not support a north/south utility
extension. He stated that the street in front of his house is in better shape than Birch
Street and he does not want it disturbed.
Gary Foster, 882 Old Birch Street, stated he has many concerns. He stated they are
changing the directions of access to make it more difficult. He suggested that the
developer should be charged to install the sewer and leave it up to the residents if they
want to connect. Mr. Foster suggested that is the least the developer should be required
to do. He stated 46 houses times two vehicles per house results in a lot of traffic and will
make access a bottleneck and even more impossible than it is currently. Mr. Foster stated
they only have one exit, but the new project is to have two exits, which may help a little.
He stated that his sewer system is about 15 years old so he does not plan to connect right
now He stated he has lived there for 25 years and understands that development cannot
be stopped, but he believes the residents should get something.
Mr. Foster stated he has four acres on a corner lot by the bend in the road and will want to
do something in the future so he does not want to be dictated to about what he can and
cannot do. He asked about the potential impact of this project to his property and
expressed concern about how their ponding and streets will be taken care of to assure they
do not impact his property.
Hank Meyers, 904 Old Birch Street, stated he has lived there for 30 years and installed
many of the septic systems being mentioned. He stated he owns ten acres with little
wetlands and wants the sewer extended. He asked where the sewer will be when he does
something with his property in five years and if the roads will be impacted.
Chair Schaps explained that some of those questions cannot be answered since it is not
part of this project.
Mr. Powell stated if the pavement is disturbed, it will be replaced at a 7 -ton design.
Mr. Meyers asked if the sewer will be available to his property when he wants to develop.
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Planning & Zoning Board
May 9, 2001
Page 19
Amy Roth, 889 Old Birch Street, stated her preference for a north/south sewer route so
she has access. She explained she would like to add on to her house but the current ten -
year old septic system prevents that from occurring. She stated she believes it is not safe
to pull out onto the roadway where the traffic is traveling at 50 miles per hour.
Mr. Rafferty made a MOTION to close the public hearing at 8:28 p.m., and was
supported by Ms. Lane. Motion carried 6 -0.
Mr. Lyden stated it appears Mr. Foster's concern about water should be addressed. He
noted that the Rice Creek Watershed District gave approval but their concern is rate of
runoff, not the amount of runoff. He stated if the ground slopes towards Mr. Foster's
property, it could receive flow if the rate is exceeded.
Mr. Powell clarified that the Rice Creek Watershed District is very much concerned about
water volume and encourages infiltration on every site. He stated they have made
significant steps to address that issue.
Mr. Lyden stated he would like to see the numbers on the cost versus benefit since some
residents are interested in connecting to the sewer system. He noted this requests asks for
more MUSA which cannot happen right now since Lino Lakes is already beyond the 2010
plan for population. Mr. Lyden stated he would have to be convinced that asking for
more MUSA is the right thing for the City. In addition, he is concerned that the houses
are getting too large for the lots so he would support upholding R1X lot size standards.
Mr. Corson asked if a MUSA bank swap is a consideration with this request. Ms.
Sherman stated that is correct and the MUSA allotment would be swapped from the bank.
She noted that only eight acres would impact the MUSA allocation.
Mr. Lyden made a MOTION to recommend denial of the Heritage Development
application for MUSA allocation, and was supported by Mr. Zych. Motion carried 4 -1 -1
(Corson voted nay and Schaps abstained).
Mr. Lyden made a MOTION to recommend denial of the Heritage Development
application for rezoning, and was suported by Mr. Rafferty. Motion carried 4 -1 -1
(Corson voted nay and Schaps abstained).
Mr. Lyden made a MOTION to recommend denial of the Heritage Development
application for preliminary plat, and was supported by Mr. Rafferty. Motion carried 5 -0 -1
(Schaps abstained).
I. CONTINUED PUBLIC HEARING, Ryan Companies US, Inc. (Target),
Lake Drive
Staff presented the application by explaining that staff has been working with Ryan
Companies, US Inc. on a proposed retail development called Lino Lakes Marketplace
located in the northeast quadrant of the Lake Drive /I -35 W. Interchange. The Planning
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Planning & Zoning Board
May 9, 2001
Page 20
and Zoning Board reviewed the concept plan for the site in December of 2000 and opened
the public hearing on February 13, 2001. The main issues raised by staff, and discussed
by the City Council and Planning and Zoning Board at the concept stage related to the site
layout and design and the departure from the Town Center vision. The direction provided
through the concept process was to incorporate special pedestrian- oriented design
features, as well as some special architectural elements into the proposal with the goal
being an "above average shopping center." Staff advised that the submittal that was
reviewed in February 2001 has been modified; this review is based on plan submittals
stamped received by the City on April 9, 2001.
Staff explained that because there are many outstanding issues related to the site and it is
anticipated that revised plans will be submitted, the degree of detail is limited in their
report. Staff presented its analysis of the request, noting the project data, acreages, and
square footages of proposed uses and development issues as detailed in the staff report.
Staff recommended that the Planning and Zoning Board discuss the site plan, building
design and signs proposed, provide direction to the applicants and then continue the
public hearing until such time as the EAW process is complete and wetland fill and
mitigation plans are approved by the Rice Creek Watershed District and more
information is submitted related to access, vehicle and pedestrian circulation, screening,
engineering comments, signage, building design and materials, and any other issues
raised as the process moves forward.
Mr. Powell advised that a petition for utilities was received today.
Mr. Wessel stated this project is large and complicated, and Ryan Companies is putting
this project together in a third the normal time needed for a development of this size. He
noted staff is recommending a continuation for many good reasons due to "holes" in the
application and the responsibility lies with the developer to provide that information. Mr.
Wessel stated the developer has made a good effort but the schedule is very accelerated
and if the City wants it to go, would necessitate Board action on June 13, Council action
on July 23, the land to close in August, and construction to begin this September. He
noted that an enormous amount of work remains for the applicant to complete.
Mr. Wessel stated the Council has looked at the design as it is being presented and been
active in reviewing this proposal.
Chair Schaps stated the Board could give direction but the opportunity to do so is limited
in timing compared to the Council's review process.
Chair Schaps invited the applicant to make comment.
Tom Palmquist, representing Ryan Companies, introduced the design team including
John Payton and Bill Wittrock. He stated his concurrence with staff that a lot of work
needs to be done in a short amount of time. He stated there are changes being made that
will have to be incorporated into the plans by next week.
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Planning & Zoning Board
May 9, 2001
Page 21
Mr. Palmquist stated their submittal package contained a schedule with a draft EAW
submission on May 1 lth with a 30 day comment period ending in June and Council
action on July 11. He stated two Type 3 wetlands have been identified and they will not
be impacted. The 6.36 acre Type 2 wetland is a low quality and will be mitigated on a
2:1 basis (7.62 acres) which they will pursue with Anoka County. He advised that a
portion of the wetlands will be mitigated on the Chomonix Golf Course, camp ground,
and other areas. Mr. Palmquist stated they are scheduled to meet with Anoka County
park staff and the County Attorney to draft the needed legal documentation. It will be
heard by the Anoka County Park and Recreation Board on June 5 and formal action taken
by the County Board on June 12. He advised that plans were completed today and will be
submitted on or before May 11. The Rice Creek Watershed District action will occur in
late -July and the 404 Army Corp permit will follow in two weeks of the Rice Creek
Watershed District action.
Mr. Corson asked what the Anoka County Parks and Recreation Department has to do
with the mitigation requirement. Mr. Palmquist explained they looked at mitigation
options and based on this development proposal, they will mitigate off -site. The options
on Anoka County property are being pursued subject to Rice Creek Watershed District
approval.
Mr. Lyden stated the proposed mitigation will benefit Anoka County property and asked
if the mitigation could help City property rather than the County. Mr. Palmquist stated
they did explore various options with City staff regarding mitigation and it was
determined the County property was potentially suitable.
Ms. Lane asked if it is possible to follow the anticipated time schedule given the meeting
schedule for the Rice Creek Watershed District and the City Council. Mr. Wessel stated
it is correct that the recommendation to the Council will probably contain several
conditions being subject to approval dates that extend beyond the Council decision date.
Ms. Lane asked if the project would continue if there is a month delay. Mr. Palmquist
explained that it is critical to close on the property in August so they can get the
earthwork completed and the building pad prepared. He explained Target has a certain
model they rigidly adhere to indicating they open stores only three times a year. Mr.
Palmquist stated that representatives from Target will be in attendance at the next
meeting and can better answer that question.
Chair Schaps noted the City is usually aware of Rice Creek Watershed District concerns
and asked if the City will be aware whether it will be approved prior to their meeting.
Mr. Powell stated some plans have not yet been submitted to the Rice Creek Watershed
District and he does not know if they have started a serious review since the wetland
replacement plan has not been submitted.
Bill Wittrock presented the colored exterior elevations of the proposed Target Store. He
stated he has been working on this property with several different property owners,
starting with Mr. Rehbine. He stated they have become aware of the Town Center
Guidelines and emphasized that everyone recognizes the importance and value of those
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Planning & Zoning Board
May 9, 2001
Page 22
issues related to form, value, and scale. Mr. Wittrock stated they have worked diligently
with Target to get their building to fit as many of the architectural details as possible. He
noted the entry areas are articulated with a hip -roof detail and use of different materials.
Mr. Wittrock noted the Forest Lake Target Store is a pure prototype but what is being
proposed in Lino Lakes is integral colored block, rockfaced block, rose - colored brick,
stucco accent stripes, and painted concrete masonry unit (CMU). He noted the premium
materials are at a lower pedestrian level with the materials at a higher elevation being
more economical. Mr. Wittrock noted these materials are a significant change from
Target's prototype materials.
Mr. Wittrock presented the Kohl's elevation, noting it is predominantly lighter- colored
brick and the addition of stucco cornices which would be a common element throughout
the rest of the development. He advised of the Council's inquiry about a different front
entry pitched -roof treatment and explained that would look out of place since it is not in
the right proportion. Mr. Wittrock stated they will talk with Kohl's about changing the
brick to be more compatible with the brick used on the other buildings.
Mr. Wittrock presented Buildings A and B that will contain several tenants, each with
separate doors. He identified the location of these buildings which will face each other,
thus the design with similar facade treatments, pitched roof, strong corner elements, and
storefront design. Mr. Wittrock reviewed the materials proposed for these smaller
buildings which are oriented for pedestrians. He noted the incorporation of canvass
awnings to provide some protection from the elements.
Mr. Wittrock stated the other buildings have not yet been designed since tenants have not
been secured. But, as part of the development, they will submit an outline of how those
buildings should respond to this architecture including a list of preferred materials and
color.
Mr. Rafferty stated that based on the Kohl's elevations, color will make a dramatic
change in appearance. He stated he has more concerns with the Kohl's design than the
Target Store design. Mr. Rafferty commented on the effort to create the design standard
criteria and stated his appreciation to RSP for the elevations that meet that criteria. He
suggested that Kohl's be pulled off to allow a better designed and enhanced structure.
Mr. Lyden stated this development corner is the most exciting thing to happen to Lino
Lakes and he applauded everyone's efforts to make it come about. He stated it was subtle
but said that the idea of a pedestrian -type town center has changed. Mr. Lyden stated this
proposal is a very changed set up and his general impression is that if anything is lacking,
it is the lower corner. Mr. Lyden noted the proposal has several big box users and then
some other smaller uses. Rather than bringing the traffic in and then out to the fast foods,
he suggested a different traffic configuration. On aesthetics, he asked if consideration has
been given to a common wall configuration. Mr. Lyden stated he does not know if the
community needs another bank but that site would be a good location for another retail
use and would also free up space for parking by Kohl's.
Planning & Zoning Board
May 9, 2001
Page 23
Mr. Wittrock explained that a common wall configuration does not work because the
Kohl's building would block the Target entrance.
Mr. Palmquist concurred regarding the traffic circulation patterns and noted it will be a
significant challenge to get that figured out. He explained it was just recently that Kohl's
came to fruition (in March) so the plans had to be started over.
Mr. Lyden asked why a hip roof would not work on the Kohl's building. Mr. Wittrock
explained a different form over the entry signifies an entrance. However, with the Kohl's
building, they will not entertain any discussion about changing any of the materials or
form of the entries.
Chair Schaps commented that retailers want to assure consistency between their stores to
assure consumer familiarity.
Mr. Wittrock stated that is correct and he had presented that option to Kohl's. He noted
that Kohl's has indicated a willingness to consider a different colored brick so their
building is more compatible with the other buildings. He stated he does not think a
pitched roof design fits with the Kohl's building and he believes getting a color change is
a more important consideration and a higher priority.
Mr. Lyden asked about the Kohl's building at Tamarack Village in Woodbury. Mr.
Wittrock stated that project was driven by other factors since the same architect was used
for all of the buildings.
Mr. Rafferty asked why KKE is not present to respond to, these questions. Mr. Wittrock
stated he does not believe they have been assigned this job yet.
Mr. Lyden asked about Ryan's relationship with Target Corporation. Mr. Palmquist
stated they are a preferred contractor with Target Corporation and have worked on several
projects that included a Kohl's. He stated he will ask KKE to have a representative at the
next meeting.
Mr. Corson asked if the architects of the fast food stores have been identified. Mr.
Palmquist stated they have not. He explained they are proposing something unique in
Lino Lakes to assure a cohesive "look" in the project, as was done with a Stillwater
project.
Mr. Corson asked if the area on the southwest corner of the site has an existing building.
Mr. Palmquist stated that property will ultimately be owned by the City.
Mr. Corson stated that while it has been many years since he was a City Planner, the rule
of thumb was to get 10% of the purchase price as park dedication and higher for
commercial and industrial property. He estimated $1.6 million for the site but the park
dedication is $44,000 in a community that is very park poor. Mr. Corson stated this is a
great concern to him.
Planning & Zoning Board
May 9, 2001
Page 24
• Ms. Sherman stated that is the current ordinance requirement but the level of park
dedication is set at whatever the ordinance requires at the time of final plat adoption.
•
Rochelle Miller, 7725 Marilyn Drive, stated the Roseville and Forest Lake sites are not
adjacent to residential areas. She stated her concern about traffic on Lake Drive and read
the April 14, 1999 letter from Anoka County Highway Engineer Jon Olson indicating the
proposed access does not support the proposed roadway system. She stated she spoke
with Mr. Olson who indicated their position has not changed since that time. Ms. Miller
stated the City has not requested resident input about what they want and she feels this
project is too large for the area. She stated they have prepared a petition from residents
who have been effected.
Janelle Janson, 7729 Carole Drive, presented a petition with 95% of the neighborhood
objecting due to traffic and Rice Creek Watershed District issues. She stated the pictures
are nice but she believes more information is needed.
Ms. Miller stated not many people are shopping at the Forest Lake Target Store and asked
if they are inundating the market to the point where it is saturated. She stated she found
the Roseville Target Store to be so large, it was impersonal.
Mr. Powell stated they have done a detailed study of Lake Drive and how it will function
with these developments and the County received the second draft of that study. He
stated they have requested County comments and found the road supports the additional
access and warrants other road improvements now.
Mr. Palmquist pointed out a connection point for Apollo Drive which has been eliminated
so traffic will not have access to 77th.
Chair Schaps asked if any Target Stores have closed in the last 20 years. Mr. Palmquist
stated he is not aware of any in the Twin Cities area and noted the complex calculations
they undertake prior to construction.
Deb Graf, 7757 Carole Drive, asked if that is the same study that said another bank is
needed. She asked if the roads will be finished before the Target Store opens. She
suggested that Target should meet the needs of the City, not the other way around and
urged the Board to not let this project rush through without the level of scrutiny that is
given to home developments.
Lil Johnson, 7728 Carole Drive, reviewed the questions asked of other applicants tonight
and stated she wants Target asked about where their semitrucks will be parked, how long
they will be running, hours of delivery, etc. She noted that Carole Drive is very quiet and
does not have lighting, which is what the residents like. Ms. Johnson expressed concern
that deliveries will be made during the evening hours and disrupt their neighborhood.
She stated she does not want to look at the back of a Target Store or at the debris from
this and the fast food uses. She also expressed concern about the impact of security for
the adjacent residential neighborhood, a concern which they currently do not have. Ms.
Johnson stated that she accepts the fact that she will have to drive to go shopping at a
Planning & Zoning Board
May 9, 2001
Page 25
• Target or to go to the bank and she does not necessarily want it located 20 feet from her
house.
•
Mr. Palmquist suggested the development agreement contain conditions to limit hours of
delivery, trucks idling, etc.
John Payton, representing Target Stores, reviewed the processes they will follow that
monitors air quality and noise levels, and which will also determine the existing noise
level. He explained the new whisper grocery refrigeration units are much more quiet.
Mr. Payton stated they are looking at the MPCA acceptable noise thresholds and that will
be addressed in the ISP that is incorporated into the EAW.
Kathy Hansmann, 7601 Lake Drive, stated she owns a business and appreciates the time
involved in this process. She stated she is not against bringing a Target or Kohl's into
this location but believes a lot of the details are not being obtained which she was
required to answer for her business. She asked if there is enough detail on the parking,
coloring of the structures, the bank, fast food, and two convenience stores.
Chair Schaps agreed that detail on those areas has not yet been provided but that will be
considered when those sites are developed.
Ms. Hansmann encouraged the Board to assure the issues of traffic and access are
adequately addressed.
Ms. Lane stated she lives on 77th and has solicited input from those neighbors. She
stated that of the five neighbors she talked with, all favor the project. Ms. Lane noted that
sometimes people who support a project do not attend a meeting to voice their support.
Deb Graf stated they live right in the area of the proposed Target Store and have
concerns.
Wayne DeHaven, 7761 Carole Drive, stated he moved to Lino Lakes because it is quiet
and if he had wanted to live next to a Target Store, he would have bought next to one. He
stated he does not mind driving to Target and Festival and does not think a Target Store
needs to be located in Lino Lakes. He urged the Board to keep Lino Lakes a quiet
community.
Ms. Miller stated she would like to know what their petition means to the Board and if it
will have an impact on how this project goes forward. She asked what the rush is and if a
large conglomerate should be allowed to come in and say when and how.
Chair Schaps stated the petition is considered and has an impact but there are always two
or three sides to every story. He noted there are many young families in Lino Lakes who
may have a different opinion about driving eight or nine miles to a Target and may favor
locating one in Lino Lakes. He noted there are a lot of good corporate neighbors in
Minnesota and Target Corporation is one of the best in what they bring to a community
and give back to a community. He stated this has been reviewed for months and not
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Planning & Zoning Board
May 9, 2001
Page 26
rushed but there are other issues that need to be addressed. Chair Schaps stated others
have approached him to ask why Target has not yet been approved, so there is a
groundswell of opinion that is different than being expressed tonight.
Chair Schaps stated a lot of residents indicated they wanted an increase in commercial
business in Lino Lakes so they could stay in Lino Lakes when they shop. He stated he
understands the desire to look at birds and wildlife, but that can't always happen when
you don't own the property.
Mr. Wessel stated the community determined this was the right location for a shopping
center and it has been zoned that way for years. He stated this is not a new use for this
site.
Chair Schaps stated residents need to understand this is a huge project for the City and a
huge opportunity but that does not mean anything will be allowed to slide. He stated the
applicants understand the rules and so far have followed that direction.
Mr. Lyden stated he does not blame any of the residents for their thoughts and feelings
and if he lived in that area, would probably feel the same way. He stated that he has done
all he could to protect neighborhoods and in the past the property on the north side of
77th was given back to those property owners. Also, none of the traffic will go onto 77th
which is a significant issue in protecting the neighborhood. He stated in this proposal,
neighbors are being asked to give something and he recognizes that is a sacrifice. Mr.
Lyden stated the 2020 was based on balancing residential and commercial and getting tax
relief but he in no way wants to diminish the sacrifice residents make in this kind of
development.
Joel Buys, 7661 Lake Drive, stated his agreement that this is an opportunity that has been
awaiting Lino Lakes for quite some time and he would urge them to take this opportunity
to assure enough time is spent and the tasks are not cut short to meet someone else's time
table. He stated traffic control is a concern and the Apollo intersection needs to be
changed to handle this type of traffic along with Lake Drive. He stated his appreciation
for the time and effort taken to review this project.
Bob Rettner, 729 77th Street, stated he has lived there for 20 years but always known
something would be built. He stated his major concern was Apollo exiting onto 77th
which has been resolved. He stated his preference for a view of the back of a Target
Store rather than a strip mall that goes bankrupt. Mr. Rettner stated at a previous
meeting, a Target representative said deliveries at Target would only be from 8:00 a.m. to
noon.
Mr. Palmquist stated that can be addressed with Target Store and Kohl's.
• Mr. Rettner stated he is concerned with night deliveries and mentioned that they currently
hear the Schwan's Ice Cream trucks running all night.
•
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Planning & Zoning Board
May 9, 2001
Page 27
Mr. Lyden made a MOTION to continue the public hearing until such time as the EAW
process is complete and wetland fill and mitigation plans are approved by Rice Creek
Watershed District and more information is submitted related to access, vehicle and
pedestrian circulation, screening, engineering comments, signage, building design and
materials, and any other issues raised as the process moves forward, and was supported
by Mr. Rafferty. Motion carried 6 -0.
Mr. Rafferty commented that he hears the resident's concerns and stated his appreciation
for their efforts to present a petition. He stated he has not directly worked with Ryan
Companies but knows they are a good corporation as well as RSP. He stated he is
concerned about the Target Store deadlines and understands Ryan Companies is trying to
make the project work, which he also appreciates. Mr. Rafferty stated he respects that
residents have enjoyed this open field for 20 years but understood that it would eventually
be developed. He stated the property owner has a right to sell at some point but he hopes
all can work together to assure the concerns are addressed.
J. CONTINUED PUBLIC HEARING, Land Holding Group 12th and Holly,
Preliminary Plat
Staff explained that there are still unresolved issues and information to be submitted
related to the application. Therefore, staff recommends the application be continued until
June 13, 2001.
Mr. Lyden made a MOTION to continue the Land Holding Group preliminary plat public
hearing to June 13, 2001, and was supported by Ms. Lane. Motion carried 6 -0.
K. MN Correctional Facility, 7525 Fourth Avenue, Site Plan Review for Storage
Building
Staff presented the application by explaining the applicant, the Minnesota Correctional
Facility, had submitted an application to construct a 40' by 72' pole barn with a footprint
of 2,880 sf. for vehicle storage on its site. The building will be approximately 22' high
and located outside of the prisoner compound but within a separate fence area. The City
of Lino Lakes has no legal zoning jurisdiction over the State of Minnesota land.
Therefore, the Department of Corrections is not obligated to submit this project for City
review. However, the Depaitment has done so as a courtesy.
Staff presented its analysis of the request, noting the fenced area where the building will
be added is approximately 1,000 feet from the nearest property line. Staff explained that
for information purposes, the Department of Corrections often delegates building code
enforcement to the City through a special agreement. This allows the City to collect
building permit fees to cover review and inspection costs. Staff anticipates this will occur
for this building.
It was noted that the applicant was not present.
•
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Planning & Zoning Board
May 9, 2001
Page 28
No adverse comments were made regarding the application submitted by the Minnesota
Correctional Facility to construct a 40' x 72' pole barn, with a footprint of 2,880 sf., that
is approximately 22' high for vehicle storage on its site.
VI. DISCUSSION ITEMS
A. Park Dedication Ordinance
Ms. Sherman stated the park and trail study analysis indicated there is enough park land
within Lino Lakes for the current population. The study further analyzes park and trail
needs for future population and recommends making park improvements in certain areas.
She used a map to identify the location of parks recommended for improvement.
Mr. Corson commented on the need to assure consistent park planning, requirements, and
giving consistent credit for trail dedication and improvements. Ms. Sherman stated this
study also recommends consistent application of the requirements.
Mr. Powell stated credit has been given to paving the trails, but not for grading or placing
Class V on the trails.
Ms. Sherman presented the conclusions of the analysis and advised it is being presented
to the City Council for first reading at their next meeting. She advised the
recommendation is to increase the per unit park dedication by $1,900 and that the
commercial rate also be recalculated.
Mr. Corson suggested that Andover's requirements be reviewed since it remains current
by calculating the park dedication fee based on the raw land costs.
Chair Schaps noted that a fund is needed for maintenance costs but that is most often
forgotten and does not occur. He stated the cost of maintenance needs to be determined
and funded.
Ms. Sherman stated the report does speak to the maintenance issue which needs to be
paid by a different source of funds, not from park dedication fees. Also, future park
dedication fees cannot fund improvements to existing parks. She explained this is a State
Statute requirement.
Mr. Rafferty stated the funds are not adequate to both purchase land and improve the
park. He stated his neighborhood has a park with equipment but the size is not adequate
for the development. Mr. Rafferty stated he supports increasing the park dedication fee.
Mr. Lyden asked if requiring $1,900 per home is the most aggressive proposal and asked
what the current park dedication fee is. He agreed the value of land changes dramatically
year to year and asked if this fee will be reviewed each year. Mr. Powell stated there is an
opportunity to audit any subdivision (to assure the calculation) at the request of the City.
Planning & Zoning Board
May 9, 2001
Page 29
• Mr. Lyden noted it needs to be a Council priority to assure adequate budgeted funds for
parks.
•
Ms. Lane agreed it is important to obtain park land, but there are instances where the City
does not want the land (such as with the Target Store proposal).
Mr. Corson commented on the discrepancy in park dedication fee requirements between
residential and commercial projects.
VII. ADJOURNMENT
Mr. Corson made a MOTION to adjourn the meeting at 10:30 p.m., and was supported
by Ms. Lane. Motion carried 6 -0.
Respectfully submitted,
Carla Wirth, Recording Secretary
TimeSaver Off Site Secretarial, Inc.