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HomeMy WebLinkAbout04/14/1999 P&Z Minutes• • • Planning & Zoning Board April 14, 1999 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT April 14, 1999 6:32 >sP.M. 11:20 P.M. Dunn, Johnson, Schaps, Corson, Lane, and Carlson Schilling Planning Coordinator Wyland; City Planner, Smyser; Consulting Engineer, ' ell, and Community Development 1 cto essel I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Pla p.m., April 14, 1999. II. APPROVAL OF MINUT Mr. Dunn made a MO the Lino Lakes P carried 3 -0 wit ning Board meeting to order at 6:32 appr• 'e the minutes of the March 10, 1999, meeting of ning Board, and was supported by Johnson. Motion Ms. Carlson, and Ms. Lane abstaining. III. APPRO xam A`¢F:.NDA Mr. Johnso „ 4 ded Item IV, Election of Officers. The amended agenda was approved as presented. IV. ELECTION OF OFFICERS Mr. Johnson nominated Mr. Schaps for Chair. Mr. Corson nominated Mr. Johnson for Vice - Chair. Ms. Carlson nominated Ms. Lane for Vice - Chair. Planning & Zoning Board April 14, 1999 Page 2 Mr. Dunn made a MOTION to close the nominations for the election of officers, and was supported by Mr. Corson. Motion carried 6 -0. Mr. Schaps was elected Chair with a 6 -0 vote. Ms. Lane was elected Vice Chair with a 4 -2 vote with Mr. Dunn and Mr. Corson voting no. V. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:36 p.m. No one appeared for open mike. Mr. Johnson made a MOTION to close the Open Mike po p.m., and was supported by Mr. Corson. Motion carri VI ACTION ITEMS A. XXX Sherman Lake Road, Lot. 1 +:ck +: sant Hills Preserve 6th Addition, Minor Subdivision Ms. Wyland stated this case in Sherman Lake Road in half an property. She noted tha Ms. Diane Ericks property subdi The additional 5 does hav Mr. Johnso conditions: split an existing 100' wide vacant lot on ly created 50' parcels to the adjoining of be a buildable lot when it is subdivided. erman Lake Court, stated she would like to have the e 1. r . difficult to build on and has not be sold for construction. provide privacy. Additional trees will be planted. She stated she purchase the property. ade a MOTION to approve the minor subdivision based on the following 1. Parcel A is legally combined with Lot 5, Block 6, Pheasant Hills Preserve 6th Addition. 2. Parcel B is legally combined with Lot 1, Block 2, Pheasant Hills Preserve 4th Addition. 3. Outstanding assessments are paid on the parcel prior to recording of the subdivision (the purchase price does include these assessments). The MOTION was supported by Mr. Dunn. Motion carried 6 -0. • • • • • Planning & Zoning Board April 14, 1999 Page 3 This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. B. PUBLIC HEARING, Circle -Lex VFW Post 6583, 7868 Lake Drive, Amended Conditional Use Permit and Site Plan Review Ms. Wyland stated the Circle -Lex VFW at 7868 Lake Drive is requesting an Amended Conditional Use Permit and Site Plan Review to allow a 10,400 square foot addition to their existing 2,240 square foot facility. Chair Schaps declared the public hearing open at 6:40 p.m. Mr. Corson asked if a noise barrier has been discussed for also noted that a suburban will not fit into an 18' parki back side does back up against commercial prope there. Staff has not discussed a noise barrier becaus operty. He and stated the ere are two homes is not necessary. Mr. Dunn asked about the reduction in p. alp . Ms. Wyland advised that 85 stalls with the green space meets the mi ing requirements. Ms. Lane asked if the right -of u` ows for the widening of Lake Drive. Ms. Wyland stated that an ad fight of way is being requested. Chair Schaps asked if stated there are re verbal comme ecei d any neighborhood comments. Ms. Wyland ent to make comments. She has not received any written or Mr. Lyle er, a. ander of the VFW, stated the VFW is not asking for anything. It is being e community. This post has donated over $820,000 to the community. is not a private entity. He indicated he has been involved with the VFW for 55 years. e asked the Board to approach the application with common sense. He stated they are willing to work with staff and meet the conditions. He added that they have better parking facilities than any other business in the City. Mr. Carpenter continued stating he does a lot of volunteer work. This post was moved to this location in 1969. City sewer and water has been desired for a long time. He stated the VFW will not give the City any problems. He stated their sister clubs are booked up 3 -4 years in advance for various functions. Lino Lakes residents are having to go to other communities for banquet facilities. • Chair Schaps asked if the VFW understands the problem with MUSA. Mr. Carpenter stated he understands that they have been waiting for MUSA for 30 years. They have Planning & Zoning Board April 14, 1999 Page 4 been promised MUSA many times. He stated the addition will be an asset to everyone in the community. Mr. Dunn asked if the permit condition for approval regarding MUSA is necessary. He stated that the Council has indicated a resolution to the Comprehensive Plan will be reached next week. He suggested an approval for the MUSA trade be added just in case the Comprehensive Plan is not approved. Ms. Wyland stated the City cannot allow them to connect without MUSA. A land trade will require notification and a public hearing. The land trade could be processed before the VFW hooks up. A land trade could be completed by June, 1999. Mr. Wessel stated the project cannot be allowed without MUSA. Staff would not allow the project to proceed if the applicant did not have land available, t , • e. He indicated staff if comfortable to proceed on the basis of a MUSA trade. Mr. Skip Soderberg, Builder for the project, stated he s for the addition today. A building permit will be requested in the fi p 1999. Ms. Lane pointed out that a land trade of MU ini''` the value of the land that will not have MUSA. The property valu hed when the owner tries to sell the land. Mr. Wessel suggested a condit y di "F pplicant pursuing a MUSA land trade be added. Mr. Corson suggested ilit fan amendment to obtain MUSA. Mr. Wessel stated a land trad ' solution. The applicant is not eligible for MUSA reserve. Mr. Bert Noren, ois Lane, stated he is concerned about the substantial fencing in the back to e - n d light. He stated the addition will increase late night activity. He indicate'` . s% are his property is zoned commercial. He added that the VFW is a great neigh r He asked if there are plans for the existing storage shed and if all of Lois Lane will be ° =• bed. Mr. Carpenter stated the storage shed will be removed. Mr. Powell stated the access off Lois Lane is far enough off of Lake Drive that safety is not an issue. Ms. Ann O'Brien, 793 Lois Lane, expressed concern regarding trash and cars running into the back fence. She asked for consideration for families with young children in the area. She stated she does not care for excessive noise at 1:00 a.m. She stated she is concerned about overflow parking on her street. She asked that "no parking" signs be put • • • Planning & Zoning Board April 14, 1999 Page 5 • up. She added that a noise buffer is desirable. She also indicated she would like to be • • able to work it out. Mr. Dunn made a MOTION to close the public hearing at 7:25 p.m., and was supported by Mr. Corson. Motion carried 6 -0. Mr. Carpenter stated when the new building is developed the problems will be eliminated. He stated the VFW has always met the challenge of taking care of problems. Mr. Dunn made a MOTION to approve amended conditional use permit as outlined in the report, and was supported by Mr. Johnson. Motion carried 6 -0. Mr. Dunn made a MOTION to approve the site plan review base ' e following conditions: 1. Proper building permits are obtained and include onsisting of 1% of the construction cost to insure completion of all i e ���t 2. The parking area is redesigned to meet setb ! me s of the Ordinance and the number of paved spaces reduced to 85. architect shall pursue a "green" overflow parking area on the east side e p. g lot. This design will be subject to the review and approval of the Cit pity Engineer. The access drive along Lake Drive must be 20' in wid 3. The parking area shay ed with concrete curb and gutter and surfaced with bituminous excepting d een" parking area. 4. The roof on ngr ding shall be replaced to match the new construction. 5. Trash adjoining hall be enclosed and screened from the street right -of -way and 6. An enhan `d landscape plan shall be reviewed and approved by the City Forester. Sumac planting shall be removed from the area surrounding the exit doors and replaced with an appropriate planting(s) as determined by the City Forester. 7. Permits shall be obtained from the Rice Creek Watershed District for drainage improvements. 8. The City Engineer shall approve all final grading, drainage and utility plans. 9. Access permits to Lake Drive shall be obtained from Anoka County. 10. Lighting plans shall be reviewed by staff prior to installation. Planning & Zoning Board April 14, 1999 Page 6 11. Permits shall be required for all signage. 12. An additional 10' of right -of -way is dedication along CSAH 23 (Lake Drive). 13. One access is provided from Lake Drive and this access point is aligned with 79th Street. 14. Applicant will pursue a MUSA land trade. The MOTION was supported by Ms. Lane. Motion carried 6 -0. Mr. Dunn suggested a special note be give to Council stating the Board fully endorses this project. The Planning and Zoning to be moved along without any difficulties. This item will go before the City Council Monday, ng and Zoning like the project C. PUBLIC HEARING, Body Works .` , D cDonald, 790 Lois Lane, Conditional Use Permit and Site Plan 1 , Ms. Wyland stated this case involv 50% expansion of an existing site plan review for the propos a conditional use permit to allow a ce to the front setback requirement, and a Chair Schaps declared Ms. Wyland a to upgrade the se c he ng open at 7:30 p.m. operty is not currently in the MUSA. The applicant plans stem. The applicant will be operating the facility. Mr. Johns :> t e elevations match the north/south elevations. Ms. Wyland stated the rear of t roperty abuts the park. Mr. Dave McDonald, Body Works Gym, came forward and reviewed the placement of the building. He stated the north and east side will have vinyl siding. The rear south and west side is blocked by trees and will be painted with an earth tone color. The club is a workout club only with free weights. He indicated he has no problem with the staff conditions. Construction will begin as soon as possible. Mr. Corson asked if the applicant is updating the septic system so it is not necessary to hook up to City utilities. Mr. McDonald indicated he spoke with a designer regarding the septic system two months ago. He stated tonight is the first time he has heard about MUSA availability. • • • Planning & Zoning Board April 14, 1999 Page 7 Mr. Corson made a MOTION to close the public hearing at 7:41 p.m., and was supported by Mr. Johnson. Motion carried 6 -0. Mr. Dunn made a MOTION to approve the Conditional Use Permit as outlined in the staff report, and was supported by Ms. Carlson. Motion carried 6 -0. Mr. Dunn made a MOTION to approve variance and site plan review based on the following conditions: 1. Proper building permits are obtained prior to construction and 1% of the total construction costs are deposited to insure completion of site improvements. 2. A variance is granted for a maximum of 13.5' to allow a fr�'setb. °;of 16.5' for the proposed addition. 3. The north and east elevations are re -sided with a _ eri nd the south and west painted to match. 4. The single car garage is relocated to t i f t ting building within the setback requirements of the ordinance (30' setb � fro ella Lane). 5. Trash handling area is scree ning properties. 6. The parking area is s ;�1:. material approved by the City Engineer, this surface shall not be co 7. Additional 1 ous. be provided to aid in the delineation of the parking area. 8. The a sh #e required to keep the site in good repair at all times as determine; afi The MOTIO: was supported by Ms. Lane. Motion carried 6 -0. This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. D. PUBLIC HEARING, SMA Construction, Steve Arndorfer, 6462 12th Avenue, Rezone to PDO for Preservation Development and Preliminary Plat Mr. Smyser stated Mr. Steve Arndorfer of SMA Construction has submitted a plan to develop his 7.4 -acre site for ten residential lots. The project is called Peregrine Pass. The applications include an amendment to the existing Comprehensive Plan, a rezoning to planned development overlay, and approval of the preliminary development plan/plat. Planning & Zoning Board April 14, 1999 Page 8 Chair Schaps declared the public hearing open at 7:56 p.m. Ms. Carlson asked if the maps shows the design of the site. She also asked how this plat differs from a parcel laid out as R -1 X. Mr. Smyser stated on a R-1X parcel the lot sizes would be bigger and there would be less open space. The road would not have a curve, there would be no buffer around the wetland, and the lot width would be greater. The developer is building his own home on Lot #10. Ms. Carlson asked if the ownership of the opens space stays with the individual parcels. Mr. Smyser indicated the ownership will stay with individual owners because of the small size of the project and the lots. He noted the placement of the housing pads will be up to the owners. Mr. Johnson expressed concern regarding Lot #6 and the house. The back door looks at house on Lot #7. The backyard of 1 "" to 12th Avenue. Mr. Smyser stated the development does contain a t ot. e purpose is to get as many lots as possible and still maintain open space. er e a 30 -40' grove of trees along 12th Avenue. Saving the trees is a very , feat re. Mr. Corson asked if there are guideline ` etaili hat can be done regarding the buffer easements. Mr. Smyser indicated fie be • ° . iled perimeters regarding the buffer. Mr. Corson suggested a requir Ra: -- royal should include a declaration acknowledging the buffs Chair Schaps ask regarding pote stated the averag City and lots are a t average width lots on the street. He also expressed concern g there are too many lots on the property. Mr. Smyser lots are 50'. Too many lots on the property is a concern for the A regular development would not save the trees. The smaller tree preservation and open space. Chair Schap >y . ted he does not see a problem with Lots #1-5. Lots #6 -9 have back doors that look at Lot #7. He suggested placing only three lots on that side of the street. Ms. Carlson stated she is concerned about the lots with a smaller width and a minimum house foot of R -1. The integrity of the neighborhood is of concern. She asked that the lots be platted to make them R -1X. Mr. Smyser stated the plan tries to allow for flexibility to preserve natural features. If the City is going to promote environmental development it is going to have to start thinking beyond typical zoning. Ms. Carlson stated she is not sure this plan meets the preservation development standard. F • • Planning & Zoning Board April 14, 1999 Page 9 Mr. Dunn stated the Planning and Zoning Board is going to be dealing with this a lot and the old rules do not apply. Everything is now being driven by a PDO. Approval will be a value judgment. The plan is limited by the number of acres available. Buffer zones and how wetlands are treated need to be provided for in the developers agreement. The City and staff have to try to define a typical building in an area like this. The price of the lot will drive the cost of the home. The physical size of the home does not drive the price of the lot. Mr. Dunn expressed concern regarding the clarifications on page 3, Item 8. He stated a more definitive determination needs to be made regarding tree preservation. He asked if there will be any problem regarding assessments in the cul -de -sac arrangement if improvements need to be made on 12th Avenue. Mr. Powell ad may be a problem assessing those homes because they do not front 12th Avenue `�e sta that is a legal determination. He added the City is not proposing a set a Ms. Lane asked if the trail paving will be done to trails will be paved prior to development of the lo paved prior to development of the lots. The d regarding the design of the trail. The tra Mr. Dunn referred to page 5 of the develop guidelines for R -1 and be well advised to have those Mr. Steve Arndorfer, many different id directly onto 1 regarding the n he also asked if the stated the trails will be ill b °= working with City staff ccording to City standards. rho �0, 19� , meeting minutes. He suggested staff O. He stated again that the City would eloped. for' "''regrine Pass, stated the plan has gone through tial layout called for 11 -12 lots. Three of those lots went our lots on Holly to the south. Staff was concerned f driveways going out onto the road. Mr. Arndo back and th are six large ed stating that on a regular plan the wetland would have been cut would not have been room for a buffer. Lot #6 faces south/west but there es in the backyard. He stated he likes the natural setting of the area and does not want to lose that. A big priority is to work out a way to keep the buffer easement in tact. It is easier to do that with a bigger buffer zone. It is possible to permanently mark the buffers. Many plantings will be done possibly including wild flowers. Mr. Arndorfer continued stating that he is getting to the point that the development will be cost prohibitive. He stated he is opposed to losing another lot. The lot price is anticipated to be an average of $75,000. The goal is to stay in R -1X zoning. He noted that the commercial materials will be removed. The house will be torn down also. All homes are walk outs. Planning & Zoning Board April 14, 1999 Page 10 Ms. Carlson asked if the Developer had an objection to changing the minimum house sizes to R -1X. Mr. Arndorfer stated it would then be tougher to build the lots. He would have to know the actual pad sizes. Ms. Wyland noted the difference between a R -1 and R-1X rambler is approximately 220 square feet. Ms. Carlson stated the City does need various types of homes. Higher priced homes are needed in this area. She stated a 30 or 40' buffer does not make a preservation plan. She indicated she does want the project to move forward but is concerned about the number of lots. Mr. Arndorfer stated he has committed himself to this project. financially. He stated that if there was a way to lose one lot he would be willing. He added that he cannot go through initial drive for the project was to build his family a ho a timeline nancial aspect ss again. The Mr. Dunn asked if the developer can accept R -1 X st Mr. Arndorfer stated he will accept R -1 + ds. Ms. Julie Thell, 64821 12th Aven She expressed concern regardi she was informed that MUSA wanted it. She added th told MUSA was not a ta no problem with the development. of MUSA in the area. She stated that ffered to the area until the neighborhood re interested in buying the property until they were ed about the plans for the trail. Mr. Smyser sta properties to the to the no al i 4' have a trail connection which will depend on when the develop. There is no plan at this time to put a trail through the lots opment. Ms. Thell s d the developer is going to a lot of expense for a trail that is useless. She stated that w ° `' her home was built she knew development around her would occur. This plan is like a thumb being stuck around large lots. She stated the plan is not contiguous to other developments in the area. Mr. Marty Thell, 64821 12th Avenue, stated he is concerned about the bike trail on Holly Drive and loss of trees due to that trail location. Ms. Wyland noted the Park Board has reviewed and accepted the trail dedication. Mr. Ken Albrecht, resident of Lino Lakes, stated the trail hits Holly south of the development. He asked where it is going after that because that is his property. The trail • • • • • Planning & Zoning Board April 14, 1999 Page 11 is intended to provide for the possibility of connection to Trappers Crossing. He asked if the trail will be paved. Mr. Smyser stated the trail will stop at the street and it will be paved as part of the development. Ms. Wyland added the trail at Trappers Crossing 2nd Addition will not be paved at this time. The plan is to get the trail to Brandywood. The paving will occur when development occurs in between the properties or the City determines it is a priority. Ms. Sue Walseth, 1101 Holly, asked about the widths of the lots. Mr. Powell reviewed the map, lot widths, and setbacks. Ms. Walseth stated the rest of the neighborhood is R -1X so th ould be also. She stated the driveways are very long and suggested the � se mop forward resulting in larger backyards. She stated that some lot ed. She asked if contributions to the road will have to be made even O. Mr. Powell stated that on a previous City prof = e elop ~ r, Mr. Hokanson, agreed to contribute to the road. The City did not ee ° developer for the roads. Ms. Walseth stated she came befo e' d 1 summer. At that time, Board Members were emphatic about he City should be fair and have the same standards for all develop -+ how far the trail will be from the ditch. Ms. Wyland stated the trail f tates is in the street right -of -way. The trail for this project is platted outsi• igh -way. Ms. Walseth q should be treate s acceptable that a trail went though her ditch. Everyone R -1X is more consistent with the area. Mr. Thell idents will be assessed if 12th Avenue is damaged from heavy truck traffic due t evelopment. Mr. Powell stated that is a valid concern. The City does not have a fundi mechanism for road reconstruction. Chair Schaps advised the City make sure that traffic is diverted. Mr. Johnson made a MOTION to close the public hearing at 9:00 p.m., and was supported by Mr. Corson. Motion carried 6 -0. Ms. Lane stated she wants the project to be economically feasible but she believes there are too many lots for too small an area. • Mr. Powell pointed out the cul -de -sac preserves the desire for a view shed. There is a 175' gap to preserve the view shed. The roadways will not have curb and gutter. Planning & Zoning Board April 14, 1999 Page 12 Ms. Carlson expressed concern regarding the lot widths. She suggested this item be tabled so the developer can review the widths. She stated she would like to see a greater width in the lots and see how the garages will fit. She added she does want to approve the plan. Mr. Arndorfer stated he is open to tabling if there is a way to achieve approval without going through the whole process again. He indicated waiting another month will cost too much money. He added that he is not a developer and is trying to make a home for his family. Mr. Smyser advised that the only way to prove that concerns have been met is to come back before the Board. Mr. Corson expressed concern regarding the tight fit of L effort has gone into the plan to meet environmental co supportive of the plan if there were one less lot on t Mr. Corson made a MOTION to approve the lot be placed on the north side and then b second. e stated a lot of he would be wit the condition that one less ff. Motion failed with no Mr. Johnson stated he is in fav He indicated the plan is a creative way to cluster development and sa s and trees. The narrowness of the lots is not a problem if the lots are r $7 ,000. He expressed concern regarding the amount of money for r e as . d that a good architect can design nice homes. Mr. Dunn state pport of the plan. The developer has gone a long way in working with the f. The plan meets the overall objectives of a view shed and open space. Hx„ rt i ` t the function of the Board to design homes. This is a pilot program y�3 needs to implement. Mr. Corson ed garages set behind the homes is an option. He stated he does not want to look at how houses will sit on a plat. He stated he is still on the fence regarding approval. Mr. Arndorfer stated it would be difficult to dictate to homeowners where their garage will be located. Chair Schaps stated the plan is a preservation development and is reasonable. He added that it is rare to see a developer live in their own development. He stated he is in favor of the project. • • • • • Planning & Zoning Board April 14, 1999 Page 13 Staff recommended approval of the comprehensive plan amendment, rezone to PDO preservation development plat, and preliminary development plan/plat based on the following conditions: 1. Minimum house footprint sizes shall be those of the R -1X zoning district. 2. Park Dedication shall consist of trail dedication and construction. 3. The specific trail alignment and the tress that will be cut for it will be determined by the City Environmental Specialist. 4. All permits required by the Rice Creek Watershed District shall be obtained prior to any site grading. 5. Utility, grading, and drainage plans must obtained app ity Engineer and Rice Creek Watershed District as appropriate. 6. A landscape plan to include native plantings to b the City Forester. 7. Drainage and utility easements to be drainage ways subject to approval of th as required by the City Subdivisio hall cover all wetlands and neer. This includes lot line easements 8. The applicant shall grant a strip 40 feet in width aro buffer strip and the ea n space easement to the City for a buffer wet and. No buildings shall be allowed in the all a``ress vegetation and other management issues. 9. A develop me'B, 11 be required. 10. Stan in the Ci ically addressed in the development plan will be those contained rdinance. 11. Notifica n to buyers regarding the buffer will be required. 12. A safe passage on the north end from the ditch to the road will be provided. Mr. Johnson made a MOTION to approve the comprehensive plan amendment based on the findings in the report and the above conditions, and was supported by Mr. Dunn. Motion carried 5 -1 with Ms. Carlson voting no. Mr. Johnson made a MOTION to approve rezone to planned development overlay based on the findings in the report and the above conditions, and was supported by Mr. Dunn. Motion carried 5 -1 with Ms. Carlson voting no. Planning & Zoning Board April 14, 1999 Page 14 Mr. Johnson made a MOTION to approve the preliminary development plan/plat based on the findings in the report and the above conditions, and was supported by Mr. Dunn. Motion carried 4 -2 with Ms. Carlson and Ms. Lane voting no. It was noted that the last sentence from the list of criteria, page 3, number 8, regarding the number of trees to be saved will be removed from the report. This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. Chair Schaps called for a short recess at 9:30 p.m. Chair Schaps reconvened the meeting at 9:39 p.m. E. PUBLIC HEARING, JADT, XXX Lake Drive (at to PDO for Shopping Center and Preliminary Plat, Co 't. Plan Review for McDonald's Restaurant Mr. Smyser stated the City has received applications a PDO, a site plan review for a McDonald's, McDonald's. Land to be included in the 4 on the preliminary plat. ded), Rezone ermit and Site evelopment Group for or a drive-through at the ly Parcel 2, Parcel 3, and Parcel Chair Schaps declared the pub'. 9:40 p.m. Mr. Wessel stated the T within the City. The He advised that a very unique Wessel distribute Town Ce ommittee represents all of the various Boards ter 1 `` ` art of the master planning development process. for a retro 1950's style design for the McDonald's and is ill be different from the rest of the Town Center. Mr. for photo of the design to the Board Members. He added that the e gave a conceptual approval of the design. Mr. Dick E rom, a representative from McDonald's, came forward and reviewed the design that ld be initiated first. The first phase does not include a play place at this time. He stated he is very excited about the project. He added that McDonald's has agreed to all the staff conditions. He noted there is concern regarding the parking if a play place is added. Mr. Johnson noted the Town Center Committee is trying to make a determination regarding uniform design standards. This project has the opportunity to be unique. If a sit down restaurant is developed in the future, it could also be differently unique. The uniqueness of the project will sustain and draw interest. Mr. Dunn asked if the private road is McDonald's property. He also asked if the design concept is adaptable to an indoor play place. • • Planning & Zoning Board April 14, 1999 Page 15 Mr. Powell stated the idea for the private road is to provide traffic flow to serve the two properties. The road will be owned by the owner of the property. The road comes in at an angle which may change depending on what happens to the east of the property. If the road were squared a pie shaped piece of land would be created that is not usable. Mr. Engstrom advised the design concept is adaptable to a play place. It has not yet been determined if the play place will be included in the first phase. Mr. Dunn suggested a mechanism be put in place and incorporated into the development agreement to drive McDonald's to add the play place. Mr. Wessel indicated he is open to that suggestion. Ms. Carlson stated she appreciates the effort made by McDon in support of Mr. Dunn's suggestion because a play place asked if there is any commercial incentive planned for there is no commercial incentive for this project. ndicated she is City. She essel stated Chair Schaps stated the developer has worked ,waon t s project. He added that it is an interesting concept of architectural x • n support of the project. Mr. Tim Baylor, developer for the tate: has been a challenge to put this project together. The develop i ��: ` up of the finest professionals in the business. The development to ensure the success of the project and has accepted the staff reco io He suggested the City use the development team when development of ant tinues to ensure architectural standards. Mr. Corson ma supported b M close the public hearing at 10:26 p.m., and was son. Motion carried 6 -0. Staff reco and CUP: e following conditions of approval for the PDO plan, plat, site plan, 1. All development except the Phase I McDonald's shall comply with the design standards in this report. Phase I shall comply with the site plan and any conditions of approval. 2. The access driveway onto Apollo Drive shall be a right -in only. 3. East side access drive shall meet the private road at a right angle and the drive lane will be straightened. • 4. Eliminate the five stalls on the front of the building and create an outdoor area for seating unless or until a play place is built. Planning & Zoning Board April 14, 1999 Page 16 5. Create two landscaped islands in the parking lot, one at each end of the double row of stalls. Trees shall be saved in the front island if possible. 6. The landscaping plan shall be reviewed for approval by the City Forester. 7. 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 reviewed by the City CSO for compliance with CPTED recommendations. 8. A lighting plan must be submitted and obtain approval by the CSO for compliance with CPTED recommendations. 9. Any signage shall be reviewed for approval by the To eCo ittee. 10. All permits required by the Rice Creek Waters �, Yt s l �e obtained prior to any site grading. 11. Utility, grading, and drainage plans oval from the City Engineer and Rice Creek Watershed District. 12. The building design, archi to _`and signage including the McDonald's site are subject to review and a • +E.f $ - Town Center Committee. 13. Permits must be o Transportation. Mr. Corson mad the repo a County and the Minnesota Department of TION to approve the rezoning to PDO based on the findings in orted by Mr. Dunn. Motion carried 6 -0. Ms. Lane a MOTION to approve PDO development plan/plat based on the above conditions, . was supported by Ms. Carlson. Motion carried 6 -0. Mr. Corson moved to approve the site plan for McDonald's based on the above conditions, and was supported by Mr. Dunn. Motion carried 6 -0. Ms. Lane made a MOTION to approve conditional use permit based on the findings in the report and the above conditions, and was supported by Mr. Corson. Motion carried unanimously. This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. F. Site Plan Review/Variance, Shirley Kaye's, 6810 Lake Drive • • • • • Planning & Zoning Board April 14, 1999 Page 17 Mr. Smyser stated the application, submitted by TJP Construction, is for a site plan review for an addition to the existing building for Shirley Kaye's, a bar and restaurant at Lake Drive and Hodgson Road (CSAH 23 and CSAH 49). Mr. Wessel stated that from an economic development perspective this is a good project. The addition would expand the current seating capacity and offer diners a view of the lake. Mr. Johnson asked about parking overflow. Mr. Smyser stated the applicant feels there is adequate parking. There is the potential for more cars on the green space. Customers may not park in the right -of -way. Mr. Johnson suggested the ap; e n may be premature due to County and Rice Creek Watershed concerns Mr. Smyser stated the DNR is satisfied as long the va ted for by additional landscaping or storm water treatment. Mr. Dunn asked about the berm and indicated Mr. Todd Peterson, Contractor for the remain unless the landscape desig Watershed District's main con The pond will be moved. Req met. Ms. Shirley Moor, menu. The kit will be a se . arate or the project. d the berm behind the building will and bushes. The Rice Creek ng outlet being too close to the inlet. the Rice Creek Watershed District have been Shirley Kaye's, stated steaks will be added to their new ded and a non - smoking area will be provided. There g areas overlooking the lake. Ms. Lane She also as oncern regarding the parking being only 2/3 of what it should be. if the property has City sewer. Ms. Moore stated typically cars do not park illegally. There was a lot of cars parked in the lot this past weekend and there was no problem. The property does have City sewer. Ms. Carlson asked about the possibility of the road being widened and any environmental issues. Mr. Powell stated the County has indicated the existing right -of -way is adequate. Mr. Smyser indicated the only environmental concern is the variance from a shoreline setback. Staff recommended the following conditions of approval for site plan and variances: Planning & Zoning Board April 14, 1999 Page 18 1. 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. 2. A lighting plan must be submitted and obtain approval by City staff, including the CSO, prior to issuance of building permits. 3. Any signage shall conform to the sign ordinance and proper permits obtained. 4. All permits required by the Rice Creek Watershed District shall be obtained prior to any site grading. 5. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. 6. The parking area construction plans must obtain appro fr•" Engineer. A minimum of 60 parking stalls will be provided. 7. Trash areas must be screened: plans for the fenci or ound the trash area must be submitted and approved by City pla g �. ildi g staff before building permits are issued. 8. A landscaping plan that is corn • •1`° .pproved drainage plan shall be worked out with City staff and submitt :° or l: f . al, including the City Forester and CSO. Significant screening along th ry� included. 9. Relocate the sign o ; fro he County must be obtained. 10. A new pl Mr. John conditions ac • . to right -of -way will be submitted. TION to approve the site plan review based on the above upported by Ms. Carlson. Motion carried 6 -0 Mr. Dunn m.'- a MOTION to approve variance from setback based on the findings and the report and the above conditions, and was supported by Ms. Lane. Motion carried 6 -0. Ms. Lane made a MOTION to approve variance for parking lot setbacks and the number of parking stalls based on the findings in the report and the above conditions, and was supported by Mr. Dunn. Motion carried 6 -0. This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. G. PUBLIC HEARING, (Continued from 3/10/99 meeting) Amendment to Sign Ordinance • • r • Planning & Zoning Board April 14, 1999 Page 19 Mr. Smyser stated the existing Sign Ordinance includes a section on service stations. However, the Ordinance is written in a confusing manner that has made administration difficult. Mr. Smyser reviewed a draft ordinance that proposed amendments to a section of the Sign Ordinance relating to service stations only. The Zoning Ordinance uses the term "motor fuel stations" and the proposed amendment uses that term for consistency. In addition, convenience stores often are combined with motor fuel in current development whereas the term "service stations" implies mechanical services are offered, which may or may not be the case. Chair Schaps declared the public hearing open at 11:03 p.m. Mr. Smyser recommend approval of the amendment noting o ang e recommended page 5, ground signs relating to one road fr ee g �, d or more road frontages be changed to 10 feet. The current Ordinanc Mr. Powell noted the lighting and sign ordinance wi e a` d by City staff at a future date. Mr. Johnson made a MOTION to close pub earing at 11:15 p.m., and was 411 supported by Mr. Dunn. Motion c Mr. Johnson made a MOTIO'''. aft ordinance with the change recommended by staff, and was suppo a art . rlson. Motion carried 6 -0. This item will go ` ity Council Monday, April 26, 1999, 6:30 p.m. H. PUBLI NG, Amendment to City Zoning Ordinance pertaining to private c = _ d es Mr. Smyse ted the Zoning Ordinance does not allow a club /lodge with a liquor license in any of the +mmercial zoning districts. Staff believes there should be a commercial zoning district that allows a club that serves liquor. Staff recommended approval of the draft ordinance amending the Zoning Ordinance to add clubs as conditional uses to the General Business and Central Business zoning districts. Chair Schaps declared the public hearing open at 11:16 p.m. Ms. Carlson suggested a set number of occupants be determined. Mr. Smyser indicated 411■ that issue has not been a problem in the past. Planning & Zoning Board April 14, 1999 Page 20 Ms. Lane made a MOTION to close the public hearing at 11:19 p.m., and was supported by Ms. Carlson. Motion carried 6 -0. Mr. Corson made a MOTION to approve the draft ordinance as presented, and was supported by Ms. Carlson. Motion carried 6 -0. This item will go before the City Council Monday, April 26, 1999, 6:30 p.m. VI. DISCUSSION ITEMS - None VII. ADJOURNMENT Mr. Johnson made a MOTION to adjourn the meeting at 11:20 d was supported by Ms. Carlson. Motion carried 6 -0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc. • •