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HomeMy WebLinkAbout07/08/1998 P&Z Minutes• • • Planning & Zoning Board July 8, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIlVIE STARTED TIME ;EN■ED MEMBERS PRESENT MEMBERS, ABSENT STAFF PRESENT July 8,-1998 6 :33 P.M. - . 7 :40 P.M. Corson, Dunn, Schaps, Schilling, and Trehus Robison and Johnson c Planning Coordinator Wyland, Economic Development Director Wessel, andAPlanning Consultant Brixius I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:33 p.m., July 8, 1998. II. APPROVAL OF MINUTES - JUNE 10, 1998 Mr. Dunn made a MOTION to approve the minutes of the June 10, 1998, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Schilling. Motion carried 5 -0. III. APPROVAL OF AGENDA The Agenda was approved as presented. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:35 p.m. There were no comments. Mr. Trehus made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m., and was supported by Mr. Corson. Motion carried 5 -0. Planning & Zoning Board July 8, 1998 Page 2 V. ACTION ITEMS A. Minor Subdivision, 302 Elm Street, James and Janet Hill Ms. Wyland stated that James and Janet Hill own the property at 302 Elm Street and would like to split the parcel into two. The property is Zoned R -1 Residential, located within the MUSA Boundary and serviced by City sewer and water off of Snow Owl Lane. The Hills recently purchased Outlot A of Wenzel Farms 3rd Addition. This purchase was made to facilitate their connection to City sewer and water as their existing septic system is failing and to allow the parcel to be split into two homesites. The original homesite is 236' x 90' with frontage on Elm Street and Outlot A is 33' x 209' fronting on Snow Owl Lane. The proposed subdivision would split the parcels into two lots as follows: Parcel A (containing homestead) 125 x 135 for 16,875 square foot (square footage does not include portion to be dedicated to the City) Parcel B 101 x 125 for 12,625 square foot Ms. Wyland indicated Parcel A meets the requirements of the Ordinance. Parcel B is 10' deficient in lot depth but meets the requirements for area and width. A variance is necessary for 10' in lot depth on Parcel B. Ms. Wyland indicated staff recommended approval of minor subdivision and variance with two conditions: 1. An area approximately 29 x 90 be dedicated to the City for right -of -way purposes adjacent to Elm Street. 2. $500 Park_ Dedication fee be collected for the newly created lot prior to recording the subdivision with Anoka County. Chair Schaps asked if there have been any comments regarding this issue from neighbors. Ms. Wyland indicated she has received no comments. Mr. Trehus stated that the map of Parcel A indicated square footage includes the portion of land to be dedicated to the City. Ms. Wyland stated that he is correct. The Parcel A square footage does include the portion of land to be dedicated to the City. Mr. Corson asked if Mr. and Mrs. Hill have a deed for the property. Mr. James Hill and Mrs. Janet Hill, 298 Elm Street, came forward to address the Board. Mrs. Hill gave a brief background regarding their property. Mr. Hokenson was going to sell the Hill's the property for $1,800. Mr. Hokenson later changed the price of the • • • • Planning & Zoning Board July 8, 1998 Page 3 property. She stated they decided to sell the property at 302 Elm Street. The City Engineer informed them the sewer was not up to State code. In order to sell the property, they would have to install a new septic system and drain field. She explained that they have spent a lot of money for sewer hook -up, homestead fee, land surveying, Park fees, and lawyer fees. Chair Schaps asked if they have a buyer for the property. Mrs. Hill indicated they do have some interest regarding the property. Mr. Hill stated that if the area is dedicated three trees must be removed, a concrete turnaround must be removed, and their property will only be 1/4 of an acre. The City is asking them to give up $10,000 value of their property. He indicated the property will be difficult to sell after the land dedication. He stated that other properties in the area did not have to dedicate land for a right -of -way. He asked if something can be worked out. He stated that the City should not obtain this right -of -way at no cost. Mr. Corson explained that land dedications are not always equal. He stated that when Elm Street was put in Mr. Hokenson dedicated land on both sides of the street. Mr. Hill stated that he reimbursed Mr. Hokenson for some of the land dedication when he purchased the property. Chair Schaps explained that the property cannot be split without a variance. Mr. Dunn asked why the City is asking for so much right -of -way. Mr. Brixius indicated the City is trying to secure a uniform right -of -way all the way down Elm Street. Mr. Dunn asked how many homes were involved in the "blanket" variance that was passed in 1992 for the Ulmers Rice Lake Addition. He asked if those homes had paid a Park Dedication fee and what the circumstances were to allow the variance. Ms. Wyland stated that those properties did pay a Park Dedication fee. Mr. Dunn asked what it means to the City if Mr. and Mrs. Hill do not give up their land. Ms. Wyland explained that when Elm Street is improved, additional right -of -way will have to be purchased. She referred to a map that showed that most of Elm Street does allow for additional right -of -way. There are 4 lots where the City does not have the additional right-of-way. Mr. Dunn asked what the developer received for donating additional right -of -way. Ms. Wyland indicated they received subdivision approval. Mr. Hill stated that there is a large difference between a developer donating additional right -of -way and himself donating additional right -of -way. He stated that a developer has Planning & Zoning Board July 8, 1998 Page 4 not spent any money on property improvements. Mr. Hill suggested the City give him an • allowance for sewer hook up. Chair Schaps stated that the Planning and Zoning Board can only give a recommendation. Mr. Brixius stated that according to the Zoning Ordinance, right -of -way is in the front of the property. It is common practice to request additional right -of -way at platting. The issue will be a policy decision made by the City Council Mr. Corson asked if the garage will be accessible. Mr. Brixius stated that if the right -of- way dedication is accepted, the front of the lot will be on Snow Owl Lane. The address of the property will not change. Mr. Hill stated that he would like to speak to the City Council to try and work something out. Mrs. Hill added that their lawyer suggested they try to negotiate with the City. One negotiating tool is the sewer hook up. Chair Schaps stated that Mr. and Mrs. Hill are free to contact the City Council. The Planning and Zoning Board will give a recommendation. Mr. Brixius suggested the Board approve as presented. Mr. and Mrs. Hill can then go before the City Council in a timely manner. Mr. Schilling made a MOTION to approve minor subdivision and variance with the two stated conditions, and was supported by Mr. Dunn. Motion carried 5 -0. B. Site Plan Review, 7525 4th Avenue (MN Correctional Facility), MnDOT Request for Communication Tower Mr. Brixius stated that the Minnesota Department of Transportation (MnDOT) has requested a site plan review for a communications facility to be located at 7525 4th Avenue within the Department of Corrections facility site. The communication facility will include a lattice tower with antenna having a total height of 260 feet, shelter building, an AC backup generator, and an LP gas tank. The facility use will be for Emergency Medical Services, the Minnesota State Patrol, MnDOT, and other state and regional agencies, with additional capacity for commercial users. Mr. Brixius referred to a letter from the City Attorney that stated MnDOT's plan is exempt from the City's zoning ordinances. However, the following design items are being suggested to reduce the impact of the antenna on Lino Lakes: 1. The tower be made available to commercial personal wireless communication companies to reduce the need for additional antenna towers in Lino Lakes. 2. No advertising signage be permitted on the antenna tower. • • • Planning & Zoning Board July 8, 1998 Page 5 3. The color of the antenna tower should be silver or light blue to reduce the visual presence of the tower. 4. Antenna illumination should be limited to solely FAA approved lighting. Chair Schaps asked if MnDOT will have to comply with the design items suggested by the City. Mr. Brixius stated that the application has been made and they do not have to comply with the design items suggested by the City. The City of Lino Lakes has no j urisdiction. Mr. Lynn Ness, Minnesota Department of Transportation, came forward and stated this was an informational meeting. He asked the Board for suggestions and indicated MnDOT is agreeable to the design items suggested. He stated they are currently working with US West to develop an agreement for joint use. There will be no advertising on the antenna tower. The antenna is a gray, galvanized structure that has a life expectancy of 50 -60 years. The antenna will be strobed during the day and will have a red beacon pointing 3 degrees in each direction at night. This is a FAA standard. Mr. Trehus expressed concern regarding wind blowing the tower down. Mr. Ness stated that the tower will with stand 120 mile per hour winds. If the tower is blown over, it will tip and fold. There are no guide wires. Mr. Ness indicated that the tower is 260 feet high to enable a "microwave payoff' and to cover a larger area. Chair Schaps asked how close the towers are placed. Mr. Ness indicated the towers are placed a maximum of 18 miles apart. Mr. Schilling expressed concern regarding the close proximity of an airport. Mr. Ness stated that the lighting is in accordance with FAA standards. Mr. Dunn asked if the State has a process established for commercial licensing. Mr. Ness stated that any structure requires a building permit. Mr. Dunn asked if the City or State will collect any fees regarding the placement of the tower. Mr. Ness explained that any fees are negotiable. MnDOT is not looking to generate a revenue stream from the tower. Mr. Trehus asked how close the tower will be to the property lines of the Rehabilitation Center. Mr. Ness stated that the tower will be placed 350 -400 feet from the security fence. Planning & Zoning Board July 8, 1998 Page 6 Chair Schaps stated that the City appreciates MnDOT considering the City's design items regarding the tower. Mr. Tom Schmelzer, 398 Carl Street, expressed concern regarding the tower. He stated that if the airport were a public airport, the tower would violate some ordinances. Chair Lindy suggested Mr. Schmelzer address Mr. Ness regarding his concerns at the July 13, 1998, City Council meeting. VI. DISCUSSION ITEMS A. Discussion on Rezone/Preliminary Plat Review Process Don Dunn indicated that he would speak with Alan Brixius concerning this issue following the meeting. B. Video from Builders Association on "The Future is Now: Putting a Stop to the High Cost of Urban Sprawl" The Planning and Zoning Board viewed the video sent to the City by the Builders Association. C. Park Site - County Road J and Centerville Road - North Oaks Companies Chair Schaps explained that the City has had a discussion with White Bear Township and North Oaks Companies regarding a parcel of land located at County Road J and Centerville Road. The North Oaks Company owns approximately 50 -60 acres in Lino Lakes. The idea is to develop an active park owned and maintained by the three cities. The land will be donated by the North Oaks Company. The City has had a difficult time acquiring land for this type of development. Chair Schaps stated that if the project is done, it would be smaller than the City's original plan for an athletic complex. The play area would include several ball fields, recreation center, and soccer fields. Another meeting will be held in a few weeks. The White Bear School District would control a portion of the project and the City of Lino Lakes would control a portion of the project. Chair Schaps stated there is not a park in that area. This project could be a great opportunity for the City of Lino Lakes. The Joint Powers Agreement will be the most difficult issue. The City Attorney will address the legal issues. Chair Schaps noted a Comprehensive Plan Task Force meeting will be held on July 16, 1998, 7:30 p.m. There is a Comprehensive Plan Task Force transportation meeting on • • • • • • Planning & Zoning Board July 8, 1998 Page 7 July 23, 1998, 6:00 p.m. and then another Comprehensive Plan Task Force meeting on July 30, 1998, 7:30 p.m. Mr. Wessel noted that the Comprehensive Plan Task Force meeting regarding transportation will only address transportation and will be conducted as a neighborhood meeting. VII. ADJOURNMENT Mr. Corson made a MOTION to adjourn the meeting at 7:40 p.m., and was supported by Mr. Trehus. Motion carried 5 -0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc.