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HomeMy WebLinkAbout08/11/1999 P&Z Minutes• • • Planning & Zoning Board August 11, 1999 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT . MEMBERS ABSENT : STAFF PRESENT August 11, 1999 6:30 P.M. 8:21 P.M. Johnson, Corson, Dunn, Lane, and Carlson Schaps and Schilling City Planner, Smyser I. CALL TO ORDER AND ROLL CALL Acting Chair Lane called the Lino L 6:30 p.m., August 11, 1999. & Zoning Board meeting to order at II. APPROVAL OF MINUT 999 Ms. Carlson corrected raph 5, to read Mr. Terry Randall". Ms. Carlson also ge 4, paragraph 10 to read "She stated she sees the Legion as more neighborh i dly than different businesses that could be allowed ". Ms. Carlson deleted the following sentence from page 14, paragraph 12, "She spoke with a Council Member from Hugo who stated the issue has been raised because ". The following sentence on page 15, paragraph, 1 should read "Hugo is considering a moratorium on residential development." Mr. Dunn made a MOTION to approve the amended minutes of the July 14, 1999, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Ms. Carlson. Motion carried 5 -0. III. APPROVAL OF AGENDA The agenda was approved as presented. • • • Planning & Zoning Board August 11, 1999 Page 2 V. OPEN MIKE No one was present for open mike. VI ACTION ITEMS A. PUBLIC HEARING, Majestic Pines Community Church, 16XX Centerville Road, Conditional Use Permit and Site Plan Review Staff advised there are a number of issues that have not been resolved on this project. Staff has not prepared a full report because the site plan is being revised. The review deadline has been extended in accordance with state law and the applicant has been informed that staff cannot recommend approval at this time. Staff recommended the public hearing be opened and conti to - September 8, 1999, Planning & Zoning Board meeting. Acting Chair Lane declared the public hearing ope Mr. Dennis Moravec, 1648 Holly Drive, ca the project include the sheer size of the pr traffic, water run -off, and usage of th- :. i regarding the project. He added t parcel which would therefore ad Mr. Smyser advised the pr conditional use permit the specific conditions d stated his concerns regarding 'Ming materials, lighting, additional stated more detail is needed ntial for three homes to be built on the 11. He asked the Board to deny the rezone. s not include a rezone. The project involves a itional use permit allows for uses if a project meets ordinance. Mr. Moravec aske a e process used to listen to resident's concerns about a project. Many residents feel s project exceeds the bounds of conditional use. Mr. Terry Johnson, 987 Maple Street, stated a conditional use permit was approved eight years ago for a project down the street from his home. He stated the owner is in violation of the conditions. Ms. Theresa Johnson, 987 Maple Street, stated four conditions have not been met on that particular conditional use permit. She asked who is in charge of the follow up to insure the church meets their conditions. Mr. Smyser advised that City staff, City Boards, and the City Council is responsible for the follow up on complying with conditions of approval. • • Planning & Zoning Board August 11, 1999 Page 3 Mr. Dunn stated the Board is at a disadvantage because they have no details regarding the project. The Board cannot react to the resident's comments at this time. He noted that the City ordinance prohibits any private home without sewer on less than a 10 acre lot. Therefore, this parcel would only support one home. Mr. Moravec stated that it appears the residents don't have any say regarding a project if the project meets the conditions of approval. Acting Chair Lane noted the City Council makes the final approval. She also stated that the Board and the City Council are here to listen to the resident's concerns. Mr. Smyser advised that if the Council finds the required conditions are not met, the project can be denied. Ms. Carlson stated a project cannot be denied based on resid factors include legality. ncerns alone. Other Mr. Art Hawkins, 6102 Centerville Road, came forw.��e . ssed the following concerns: 1. Failure of the City to involve the neighb planning process of this project. nvironmental Board in the 2. Placing a very large building o �e+� `a publicly owned rural area that is outside of the MUSA. 3. Adding additional traff ready stressed highway. 4. Possible non -comp ith the City's shoreland ordinance relating to setbacks and water level. Mr. Trehus, 675 Sh +w Court, came forward and stated he is a member of the Environmental Boar He stated the Environmental Board does not approve or deny projects. The Board simply asks the City to consider specific things if a project moves forward. There is no possible way to contain the run -off relating to this project. The run- off will have to go into the lake. He stated when the project is completed it will contain 50% impervious surface which is not acceptable in a rural area. He added that the Environmental Board felt there was no way to stop this project. Mr. Gary Nordness, Consultant for Majestic Pines Community Church, stated he has been before the Environmental Board and Park Board. He stated he shares the concerns of the residents and is working hard to resolve them. The church has tried to put together a comprehensive plan for the project. Changes in the plan will be made to satisfy all the residents. • • • Planning & Zoning Board August 11, 1999 Page 4 Mr. Nordness noted there is a discrepancy between the DNR and County regarding the high -water mark. The DNR has been asked to identify the high -water point. The church is looking into a filtration system and ways to make the project environmentally friendly. The project is a church and will be run as a church. The original plan that was submitted was measured 150' back from the shoreline. Mr. Hawkins came forward and showed a map of ordinary high -water level defined by the State noting it does not take you to the edge like the City ordinance does. The City is not obligated to go by the DNR's measurements. Mr. Johnson stated he is concerned that a number of remarks this evening have been based on a site plan that is no longer valid. He asked how many changes will be made to the new plan. Mr. Smyser advised the number of changes are unknown at t ; t. The primary issue is the ordinary high -water point. Many of the concerns are eral ncerns. The size of the church will be determined by the maximum covera to t, onstruction approval. The lighting will be carefully reviewed by ere is no intention of installing City sewer in the area. He suggested Mr. r.�� ange a neighborhood meeting to discuss the residents' concerns. Mr. Nordness stated he will set up a neig rho` meeting. He noted there is nothing he can do about the high -water mark. Mr. Smyser advised the DNR h. t ate`' " "' rk on where the ordinary high -water mark is. Mr. Johnson made a Planning & Zoning Bo 0. ntinue the public hearing to the September 8, 1999, eting, and was supported by Ms. Carlson. Motion carried 5- Mr. Dunn stated his ., arks are neutral regarding the project. The Board will have to vote on the project a "er determining if it meets the conditions of the ordinance. The City Council will make the final decision. He asked the residents to keep in mind that eventually the area will have City sewer and water and could be rezoned residential single family homes. He suggested the Planning & Zoning Board deviate from the standard practice of receiving the staff report only a few days before asked to vote. He stated he would like to receive the report no less than two weeks prior to voting on the project. Mr. Dunn made a MOTION to insist that the Planning & Zoning Board members have a minimum of two weeks prior to voting, to review the project and staff report. Mr. Smyser advised because of the legalities and deadlines, putting out the staff report and recommendation two weeks prior to the vote is not possible. The project will have to be extended another 60 days. • • Planning & Zoning Board August 11, 1999 Page 5 Acting Chair Lane stated if the Board does not have enough time to review the project before a vote is taken, the Board may table the project until the October, 1999, meeting. She noted the staff report will be coming out over Labor Day weekend. Mr. Smyser indicated tabling the project may be an option. The City has 60 days to take action after an application is received. The City can notify the applicant that the process is being extended by an additional 60 days. Another extension must be approved by the applicant. Mr. Johnson stated receiving a complete application is a high priority. MOTION failed due to lack of a second. Ms. Carlson stated the citizens as well as Board members sho information that is available prior to the meeting. It is not staff report two weeks prior to the vote. The report is r has until Wednesday to get more information if neces able to pick up any owever, to have a day and the Board Mr. Nordness noted he will be asking for an ex o f t contract that the church has. If the church gets an extension, the project Mr. Dunn stated it was the City's res information received was incorrec ed an additional 60 days. et the public know that the original Acting Chair Lane requested embers be notified about the neighborhood meeting. B. PUBLIC HEA Use Permit and , Tom Thumb, 7997 Lake Drive, Amended Conditional view Staff advised a revi., site plan is being prepared that staff has not had an opportunity to review. Staff, theref e, recommended the public hearing be opened and continued to the September 8, 1999, Planning & Zoning Board meeting. The applicant has agreed to this continuation. Acting Chair Lane declared the public hearing open at 7:48 p.m. Mr. Johnson made a MOTION to continue the public hearing at the September 8, 1999, Planning & Zoning Board meeting and was supported by Mr. Dunn. Motion carried 5 -0. VI. DISCUSSION ITEMS • A. Development Review Process • • Planning & Zoning Board August 11, 1999 Page 6 Staff distributed and reviewed a draft of a new Development Review Process the City is working on. The final plan is to develop a handbook to give to applicants explaining the process. A final draft should be developed by November, 1999, for City Boards to review. Mr. Dunn complimented staff on the new process. He stated this is long overdue and he hopes elected officials are supporting this. He indicated he would volunteer as a citizen to help with the project. Mr. Johnson asked when the City is mandated to set a public hearing after an application is received. Mr. Smyser advised that the City has 10 days to determine if an application is complete. If the application is complete, the City must proceed. B. Conditional Use Permit Review Process Staff distributed a memo which outlines the Conditional U y,♦'ermi° ' eview Process. `, The goal of the formalized process is to have complian n a Vial tional use permits within the City. Mr. Johnson asked if the conditional use permi sells. He suggested the new owner get a lis use permit. Mr. Smyser indicated a cond. property owner. The selling of prope permits are recorded with the Cou s t • e new owner if a property ions regarding the conditional permit does transfer to the new track, however, conditional use Acting Chair Lane asked wh • e" ° ewing the conditions of approval. Mr. Smyser indicated that at the begin 'n arily Ms. Wyland and the two building officials. When it is appropriate R f and Chief of Police will be involved also Acting Chair Lan corrected. Mr. S outstanding issues. various City Boards will be notified if violations are not d if there is a problem City staff will work to resolve any Mr. Dunn stated that the timing of a renewal, if there is a renewal, should be covered in this process. A form that is triggered monthly regarding the notification of the holder of the conditional use permit that the City will be reviewing should also be included in this process. The process should also be expended to include conditions of approval outside of conditional use permits. The City should take a more active role regarding compliance of all conditions of approval. Mr. Smyser advised the City is moving towards insuring that conditions are met before building permits are issued. VII. ADJOURNMENT Planning & Zoning Board August 11, 1999 Page 7 • Mr. Johnson made a MOTION to adjourn the meeting at 8:21 p.m., and was supported • • by Mr. Dunn. Motion carried 5 -0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc.