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HomeMy WebLinkAbout12/08/1999 P&Z Minutes• • Planning & Zoning Board December 8, 1999 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT December 8, 1999 : 6:35 P.M. 7:47 P.M. : Johnson, Corson, Dunn, Schaps, Carlson, Schilling and Lane : None : City Planner, Smyser; City Engineer, Powell; Planning Consultant, Sherman o I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Plann' ni oard meeting to order at 6:35 p.m., December 8, 1999. II. APPROVAL OF MINUTES — Ms. Carlson requested a co expressed concern regar and future home exp eliminated." Ms. Lane made a meeting of the Lino Motion carried 7 -0. 0, 1999 e 10, last paragraph, to indicate: "Ms. Carlson t depth due to the facts that home design alternatives a ties are severely restricted and useable rear yards are to approve the corrected minutes of the November 10, 1999, es Planning & Zoning Board, and was supported by Mr. Corson III. APPROVAL OF AGENDA The agenda was approved as presented. V. OPEN MIKE Chair Schaps declared open mike open at 6:41 p.m. No one was present for open mike. • • Planning & Zoning Board December 8, 1999 Page 2 Mr. Corson moved to close open mike at 6:42 p.m., and was supported by Ms. Carlson. Motion carried 7 -0. VI ACTION ITEMS A. PUBLIC HEARING (OPEN AND CONTINUE to January 12, 2000), Bluebill Ponds, Main Street, Preliminary Plat Staff has indicated the developer is working on revisions to his previously submitted plan and will provide additional information for review at the January 12, 2000 meeting. Staff requested the public hearing be continued to the January 12, 2000, meeting. Mr. Corson made a MOTION to continue this item to the January 12, 2000, Planning and Zoning Board meeting, and was supported by Ms. Carlson. Motion carried 7 -0. B. PUBLIC HEARING (CONTINUED from Nove Highland Meadows Preliminary Plat & Rezone Ms. Cindy Sherman, Northwest Associated Consul has requested approval of a 107 unit, mixed de as Highland Meadows. Ms. Sherman note revised and resubmitted plans as follows: 999), Revised d TSM Development, Inc. *deiillal development to be know tions that have been made on the 1. The north area of t - • i' Tt is proposed to be platted as an Outlot which will allow developme u en access can be addressed 2. Lois Lane s hifted to the north approximately 15 feet to provide more lot depth adj t wer line easement. 3. A ort' fifteen feet in width has been provided between Blocks 1, 3, 4, and 5 an . ce of the area has been absorbed into the lots with proper easements prove 4. Because of the shift in Lois Lane and related modifications to the lots on the north side of the road, the park area is shown as 4.01 acres which is consistent with the previous plan. However, the Park Board indicated a desire to expand the park by acquiring Outlot D. With the changes in the lots surrounding the park, Outlot D has been reduced in size. The Outlot is now sized to provide a buffer to the existing exception parcel. If the park area is expanded by acquiring Outlot D, then there will not be a buffer to the existing homeowner. There is not an ability to expand the park without eliminating the proposed buffer or lots. • 5. Oak Lane was shifted to the south to allow more wetland preservation in Block 6. This resulted in a shift of the buildings south of the road. The buildings all • • • Planning & Zoning Board December 8, 1999 Page 3 meet or exceed the setback requirements from external property lines and from a building separation perspective. 6. The number of lots with limited rear yards has been significantly reduced. Building plans have been submitted that show three plans ranging from 32 feet 4 inches to 44 feet deep house footprints. Ms. Sherman advised of the approvals necessary to accommodate the development proposal which included rezoning .25 acres of the property from R -1, Single Family Residential to R -3, Medium Density Residential; preliminary plat; amended Planned Development Overlay (PDO) to provide flexibility from district lot area requirements and setbacks; and site plan review for the multi - family area. It was noted that the modifications to the plan were based upon requirements of the Rice Creek Watershed District. With the Ms. Sherman recommended approval of the requested rezo plat subject to conditions as outlined in her staff report. Chair Schaps asked Ms. Sherman if she is satisfied adequately met. Ms. Sherman stated she belie one like more detail on the landscaping. final wetland/ponding cations provided, , and preliminary Chair Schaps asked if there are any planning perspective, all concerns d's concerns have been s were met but staff would Ms. Sherman stated that from a ressed. Mr. Powell stated from and -- _ ' andpoint, the developer's engineer has made significant changes and su . evisions. Chair Schaps declared r. .lic hearing open at 6:44 p.m. Dave Baumgarten) separation between concern was address an opportunity to view a map and stated his concern about park, private dwellings, and developing areas. He asked if that Ms. Sherman explained that it is the City's policy to not fence parks. Ms. Lane asked if the Park Board has been made aware of these concerns, noting that they sometimes erect fences or create berms if it is by a trail. Mr. Smyser stated he will speak to Public Services Director Rick DeGardner to address that issue and determine what the cost would be for screening. He agreed that it would be highly unusual to fence a park, especially due to the length involved in this case. Mr. Baumgarten stated that he wants a fence between private property and the development, not necessarily around the park. • • Planning & Zoning Board December 8, 1999 Page 4 Mr. Johnson made a MOTION to close the public hearing at 6:50 p.m., and was supported by Mr. Corson. Motion carried 7 -0. Mr. Johnson made a MOTION to approve rezoning an additional area of 0.25 acres of property from R -1, Single Family Residential to R -3, Medium Density Residential, to encompass the multi - family area with a legal description provided prior to final plat, and was supported by Mr. Schilling. Motion carried 7 -0. Mr. Johnson made a MOTION to approve the requested preliminary plat for a 107 unit, mixed density residential development to be known as Highland Meadows, based on the following: 1. This action is conceptual approval of the townhome development. Final PDO Development Plan approval is subject to the site plan details ' g unit exteriors, landscaping and floor plans, ownership and maintenance o eas, and submission of association documents. 2. The developer shall overlay Marilyn Drive to 77th e Street to Lake Drive to connect where recently reconstructed. 3. The developer shall participate in the cos of the site. -1 4. Trails in Outlot A and Outlot C 1 gr d and aggregate placed by the developer. vements completed on 79th Street east 5. Deed restrictions shall be c. that identify the limited buildable areas of the lots with 50' pads and that . shall be granted. 6. Sales informatio in e the restricted area for development on all impacted lots as outlined in 6. 7. Front yard setbacks lr all lots shall be as depicted on the plan with drainage and utility easement dedicated over the setback area on the final plat. 8. A plan clearly identifying front yard setbacks shall be submitted to the building inspector following final plat approval. 9. Outlots B and F shall be deeded to adjacent exceptions. 10. Revegetation of ponding/wetland areas shall include native materials as recommended by the City Environmental Specialist. 11. The submitted grading, drainage, and utility plans are subject to the review and approval of the City Engineer. • • Planning & Zoning Board December 8, 1999 Page 5 The MOTION was supported by Mr. Schilling. Motion carried 7 -0. Mr. Johnson made a MOTION to approve an amendment to the 1997 PDO, Planned Development Overlay, for lot area and setback flexibility, based on the same conditions: The MOTION was supported by Ms. Lane. Motion carried 7 -0. Ms. Sherman noted that the site plan will be addressed when submitted and does not need a separate motion of approval. C. PUBLIC HEARING, TSM Development, 801 Main Street ( approx.), Conditional Use Permit, Wetland Mitigation for Highland Meadows Mr. Powell advised that the site grading for the Highland Me ubdivision will require wetland mitigation. The Wetland Conservation Ac ' ' CA = quires the creation of new wetlands, or an expansion of existing wetlands, re • ny wetlands filled by grading activities. The proposed mitigation area for t . I • eadows project is generally located in the northeast corner of the sout •R of Section 5. This area is zoned R -1, Single Family Residential, and is w M ► A. However, its use for residential development is severely limited ' , • wetlands. Mr. Powell noted that Section 12.B o e `• ning Ordinance states a conditional use permit (CUP) shall be require 4, + 1 • • r more cubic yards of material is to be removed or deposited on any to • r nder 5,000 cubic yards, a grading permit could be considered without proposed mitigation site will require movement of about 20,000 cubic yar • rial and, therefore, a conditional use permit is required. If the mitiga ' di ere confined to the Highland Meadows plat site, a CUP would not be req e advised the Rice Creek Watershed District (RCWD) administers the d ervation Act within this area of Lino Lakes. The RCWD has reviewed and the proposed grading with stipulations. Mr. Powell stated thaYstaff has reviewed the proposed grading plan and recommends approval of the CUP with conditions as identified in the staff report. Mr. Powell advised there is concern regarding access to the site. Chair Schaps declared the public hearing open at 6:53 p.m. Steve Schmidt, TSM Development, stated the off site mitigation is to be done by the prior owners so he will have to ask Mr. Menkveld about their plans for mitigation. Jim Merila, Merila & Associates, advised that North Suburban Development's engineer • has talked with the previous owner and it was determined that they own a 60 -acre parcel • • Planning & Zoning Board December 8, 1999 Page 6 of land to the west of the school area to Main Street so they can access the parcel from Main Street. Mr. Schmidt stated they have deeded the lake parcel to the watershed and posted a $40,000 cash bond with the RCWD. Chair Schaps asked the applicant if he has any difficulty with the recommended conditions. Mr. Schmidt stated that he is not responsible for mitigation but is responsible for grading on site. He advised that North Suburban has put up money with the Watershed and asked how he can assure the mitigation will be done. Mr. Powell clarified the conditions are with North Suburban Development, which will be addressed in the development agreement. Ms. Lane asked if this is a 2:1 mitigation ratio. Mr. Sc dt s is greater than a 2:1 ratio since they reduced the wetland impact. Mr. Powell reviewed the mitigation requireme Mr. Johnson noted the location adjacent t will be retained in private ownership, noted the maintenance program in committee will monitor the mitieat grading plan criteria has bee Mr. Corson stated his Menkveld but the deve things done. He this is why the C date are all indicate can step in to comple A. ditch. He asked if the mitigated land itch will be maintained. Mr. Powell grading plan. He advised how the TEP ssure a wetland is established and the his application is for the creation of a wetland by Mr. s TSM and Mr. Menkveld has a past history of not getting ese two projects can be tied together. Mr. Powell stated useful since the conditions, letter of credit, and completion d drafted to assure timely completion. If not completed, the City the project. Bob Johnson, resident, stated his property is north of this site and he is concerned about how close the south line will be graded towards his property. Mr. Powell presented a drawing indicating the proposed grading, noting it is fairly flat (3:1 ratio) at the location mentioned by Mr. Johnson. He stated there will be a gradual drop -off with undulating elevations across the site. Mr. Corson made a MOTION to close the public hearing at 7:05 p.m., and was supported by Ms. Lane. Motion carried 7 -0. Planning & Zoning Board December 8, 1999 Page 7 4110 Mr. Corson made a MOTION approving the conditional use permit for the grading of the • wetland mitigation area for the Highland Meadows subdivision based on the following: 1. The proposed activity must conform to any and all requirements of the Rice Creek Watershed District. 2. The grading activity, including any hauling of materials, is restricted to the City's allowed working hours as follows: Monday- Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sundays/Holidays No working hours allowed 3. Notify the City Engineer at least 24 hours in advance of mobilizing equipment onto the site and commencing grading. 4. Provide a completion date. 5. Post a Letter of Credit running to th it o 150% of the construction cost. 6. Provide an escrow deposit periodic site visits for the purpose permit has been issued are bei to reimburse the City for the cost of Au_ '_' g that the terms under which the ith. The MOTION was supporte ing. Motion carried 7 -0. It was noted that the 1 'n et public hearing for a conditional use permit (horse arena) has been withdr VI. DISCUSSION I A. Quail '' 'dge Park — citizen concern/response Mr. Smyser advised that staff received a letter from a resident regarding the undeveloped park in Quail Ridge. The letter indicates that Mr. Mark Groff read about the Behm's Century Farms park being developed and wonders why the Quail Ridge Park has not been developed since it predates the Behm's development. He noted the response from Public Services Director Rick DeGardner noting that Behm's Park is being developed with funds received from the sale of part of the park land. The developer bought part of the park land from the City, and the City is using the proceeds to develop the park. Mr. Smyser stated that this agenda item is informational and no action is intended. Mr. Corson stated he attended the previous Park Board meetings and they were going to ask neighbors about the Quail Ridge Park plans and the neighbors to the west but the idea • • • Planning & Zoning Board December 8, 1999 Page 8 is the original dedication would be combined with the 6 -8 acres to the north to create a community park for both areas. With that concept, it was supported by most of the residents but there was no funding available. He stated that a fundraiser was mentioned but, after .he meeting, nothing was done. Mr. Smyser explained that Lino Lakes does not allocate general fund money for park development and, typically, the City receives land for the park dedication. He stated that staff will be rewriting the subdivision regulations and, at that time, will determine how to address the issue of park funding. Chair Schaps suggested the City require a combination of land and money for park dedication. Mr. Smyser advised of a court case finding which determined the City of Bloomington's 10% park dedication requirement was appropriate. Mr. Schilling asked what criteria is used to determine which . developed next as the City accumulates parcels for development. Mr. Powell stat to do with the input from neighbors and their support for the proposed impr• me • stated that the Behm's Park situation was unique since the City sol d is using revenue from that sale to improve the park. Ms. Carlson advised that the City of Hugo R . to d a certain amount per unit that must be paid for park dedication. She ex at Hugo found they were in a situation where they couldn't develop new par ntenance. Mr. Smyser stated the issue of w a °` will be addressed after the first of the year. He commented on the impo ing the requirement can successfully meet a court challenge. Mr. Johnson asked if t dwalk will ever be reopened. Mr. Corson sugge ark Advisory Board be asked to resolve that issue so clear direction can be giv to developers. Mr. Dunn stated that in most circumstances, it is better to obtain park land to assure it is available for park use. He agreed that it seems unfair that a subdivision has a park dedication fee put aside for development of a neighborhood park and then it is absconded for the development of another park. Chair Schaps stated this is a matter of funding and is actually a matter for action by the Park Advisory Board and the City Council. Mr. Dunn commented on the importance for the Council to attract commercial and industrial businesses to generate revenue for park development. B. Hugo Development — request for water service • Planning & Zoning Board December 8, 1999 Page 9 Mr. Smyser presented a map depicting the area under consideration and advised that the City of Hugo has approved a planned unit development located on the east side of Elmcrest Avenue. The project is called Wenzel Farm and includes single family and townhome residences, retail, and office /warehouse development. He reviewed what is being proposed including the realignment of a roadway. He advised that sanitary sewer service will be available through the new Metropolitan Council interceptor scheduled for 2000. Mr. Smyser explained that Hugo cannot provide water at this time, though it does intend to serve the project in the future. However, the development cannot proceed until it hooks up to public water. Mr. Smyser explained that Hugo has approved the project with the condition that the developer gets water from Lino Lakes. This will require that the developer facilitate a joint powers agreement between Hugo and Lino Lakes within 12 months of the August 9, 1999 approval date. Mr. Smyser stated from a land use standpoint, consider supporting a commercial development that would co developer then revised his request to ask Lino Lake residential portion and vacate its half of Elmcr v ue. supporting a competing commercial develo Mr. Powell advised of the names of noted they have revised their requ about one year. He stated staff adequate water pressure and charge a 10% surcharge to Lino Lakes in such an increased water use wo including the wat future emergency system. crest Avenue and no Lakes. The water only to the southern his avoids the problem of John Peterson and Gene Amt. He lots with service being provided for a and determined Lino Lakes can provide is additional area. He stated the City does ies outside of Lino Lakes so there are advantages for ince it will produce revenue from selling water, the ult in greater circulation of fresh water through the system, the intercity connection would serve as the first link in a rce for Lino Lakes when Hugo completes its own water Mr. Powell stated the joint powers agreement would exclude service to the Hugo commercial/industrial area. He noted the Metropolitan Council has indicated their gravity interceptor will be installed next spring. He reviewed its intended alignment and noted it would provide sewer service to these southerly properties but negotiations are occurring regarding the metering locations. He stated that Elmcrest Avenue is a concern since Lino Lakes wants to provide a north/south access. One concern is access to the Construction Laborers Training Center so vacation of the roadway will have to be closely reviewed. He noted the area where the City of Lino Lakes is purchasing ten acres to accommodate wetland ponding. Mr. Johnson asked if this will require additional buffering next to residential areas. Mr. Powell stated they have already addressed the buffer issue and Lino Lakes would work • • Planning & Zoning Board December 8, 1999 Page 10 with the developer on the trail corridor to be part of any vacating action. He noted the greenway which follows the creek. Ms. Lane asked if Lino Lakes will continue to serve these residences once Hugo's system is in place. Mr. Powell explained that a valve would be installed at the border and the water supply will be closed once available from Hugo. Ms. Carlson stated her concern about the need for trees on the Lino Lake's side if Elmcrest is closed off with a trail on a portion of Elmcrest. She stated that another concern is traffic patterns since this would cut off a north/south route. She noted the West Oaks area in the southeast corner uses Elmcrest for their access. Ms. Carlson stated that closing Elmcrest will also close off the best emergency vehicle route to the southeast corner of Lino Lakes. Mr. Powell stated this development would be coordinated wi olice and fire departments as well as other City staff. Ms. Carlson asked if a bridge over the freeway A ' der . Mr. Powell stated he has not seen that option presented in any of the . He stated that a traffic review and public safety review would be nece crest is considered for closure. Mr. Dunn stated this involves two dis '' d one question is whether the City wants additional revenue from sell' stated that he sees little objection to not opening up the entire area and s i m water as possible. He stated that it is naive to think that having water in o ercial area would attract development away from Lino Lakes since sewer main issue and a water well can be constructed for $10,000. Mr. Powell state well would cost much more than $10,000. Mr. Dunn stated tha e closing of Elmcrest is a different issue and the City will need to decide what will hap en with the strawberry patch. If it is to be a commercial or industrial area, then Elmcrest will be needed to serve that property. Mr. Dunn stated that Lino Lakes already has a reciprocal agreement with Centerville and if their water pressure goes down, Lino Lakes will make money selling them water. He stated his support to sell water to Hugo to generate revenue. Chair Schaps stated that he also supports providing water service so the City can sell water to Hugo. C. EDAC Update Mr. Johnson stated he is the liaison with the Economic Development Advisory Committee and within the last month they decided to become more proactive. Since Mr. • • • Planning & Zoning Board December 8, 1999 Page 11 Wessell has decided to stay a while longer, they have begun work on a 5 -year economic development plan which will be updated yearly. He stated that the City has been developing industrial property slowly yet surely with some TIF incentive. However, commercial development has not been growing as quickly. Mr. Johnson stated the intention is to identify specific sites on which to develop commercial or industrial uses that are already zoned appropriately. He stated they will also identify potential sites for redevelopment. Mr. Johnson stated the entire Zoning Ordinance will need to be reviewed after the Comprehensive Plan is adopted so anything recommended by the EDA can be considered. Mr. Johnson stated this effort is just beginning and he wanted to provide an update. With regard to the JADT project, Ms. Carlson stated meetings are being held to reach resolution on funding of the roadway and the City may move ject ahead and assess for the roads. Mr. Johnson advised that the City of Blaine is looki = sl a commercial development at the intersection of I -35W and Lexi e that could include a Fleet Farm and a Target. He noted if it also co s ro ry store, it may present difficulty for Lino Lakes to attract a groce . hnson stated there are a number of projects being undertaken but they nee f o as it moves ahead at a steady rate and to use the City's financial incentives in t' - b a' r. Mr. Dunn asked if there would ange to make it known to developers that the City is friendly to develo•.' i• not the case today. Mr. Johnson stated the coming from that org of conditions that a Chamber of Commerce and significant support n. He stated if they are specific in selecting sites and aware volved, it would present a "welcome mat" to the City. Ms. Carlson comm d on the importance of improving the atmosphere of the City which will help busi sses interested in coming to Lino Lakes. Mr. Johnson stated planning and finance EDAC subcommittees have also been formed and he thinks an inventory will be generated shortly. D. Other Mr. Dunn stated that this will be his last meeting and wished the Planning Commission well in the new millennium. Chair Schaps thanked Mr. Dunn for his contribution to the Planning Commission during his tenure. Planning & Zoning Board December 8, 1999 Page 12 Mr. Johnson extended his appreciation as well for Mr. Dunn's great effort on behalf of the City. Ms. Carlson stated her position is also up for reappointment as she will assume her seat on the City Council. VII. ADJOURNMENT Mr. Corson made a MOTION to adjourn the meeting at 7:47 p.m., and was supported by Mr. Johnson. Motion carried 7 -0. Respectfully submitted, Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc.