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HomeMy WebLinkAbout10/14/1998 P&Z Minutes• • Planning & Zoning Board October 14, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES October '141998' Corson (arrived at 6:37 P.m)) Dunn, Johnson Schaps, Schilling, Robinson and Trehus one • Planning Coordinator Wyland, Economic Devclo meat Director s nl, Planning Consultant us, and City Engineer, Powe I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:31 p.m., October 14, 1998. II. APPROVAL OF MINUTES - September 9,1998 Mr. Trehus requested a change to Page 5, to add the following sentence to the end of the sixth paragraph: "Mr. Trehus reminded the Board that adoption of the subdivision would place the existing homestead in nonconformance of the one acre requirement." Mr. Trehus made a MOTION to approve the minutes of the September 9, 1998 meeting of the Lino Lakes Planning & Zoning Board meeting, with the above correction, and was supported by Mr. Robinson. Motion carried, 6 -0. III. APPROVAL OF AGENDA The agenda was approved with the notation that consideration of Agenda Items VB and VC would be extended to the November 11, 1998 meeting. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. No one appeared for open mike. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:34 Planning & Zoning Board October 14, 1998 Page 2 p.m., and was supported by Mr. Schilling. Motion carried 6 -0. V. ACTION ITEMS A. PUBLIC HEARING: Lino Air Park, Amended PDO (condition pertaining to hanger size) Ms. Wyland presented the Staff report and explained that David Hunter, 263 Palomino Lane, is asking for direction in regard to a larger hanger on his airport lot. At the August Planning & Zoning Board meeting, the Board concurred that an amended PDO might be more appropriate than a variance for an oversized building. Therefore, Mr. Hunter has made application for an amended PDO that would allow a 3200 sq. ft. hanger and increase the height limit to 28 ft. The original PDO granted to the Air Park lots in the Behm's Century Farms development allowed only a 2600 sq. ft. hanger. She noted the letter from Gary Uhde, Century Farm Development, Inc., indicating no objection to this request. Ms. Wyland reviewed the need to amend the Declaration of Covenants with regard to Article VI, Item 6.4E and 6.4F. She noted that it has been determined that adequate open space can be maintained, if approved. Chair Schaps declared the public hearing open at 6:35 p.m. Chair Schaps asked if the applicant's representative would like to provide input. Dick Nordquist, representing Mr. Hunter, stated he owns the house next to the applicant and believes everything has been adequately covered by Staff. He explained that increasing the size without increasing the height would have no value. Mr. Corson arrived at 6:37 p.m. Mr. Dunn stated that he has no objection but questions if this request is for the optimum size of hanger. Mr. Nordquist stated his hanger at the Blaine Airport is 3,600 square feet with 16 foot sidewalls and contains three airplanes. He stated that size is more than adequate and he sees no need for anything larger. Ms. Wyland stated the existing Air Park has been in existence since the late -1970s and she knows of no other request for a hanger larger than 3,200 square feet. Mr. Trehus asked how many airplanes can fit into this hanger. Mr. Nordquist stated that while five may fit, they are restricted to three airplanes. Chair Schaps noted this restriction is already contained within the Declaration of Covenants. Mr. Johnson made a MOTION to close the public hearing at 6:42 p.m., and was • • • Planning & Zoning Board October 14, 1998 Page 3 • supported by Mr. Dunn. Motion carried 7 -0. • • Mr. Dunn made a MOTION to approve the increase in hanger size and height requirement and amend Article VI, Item 6.4E and 6.4F of the Declaration of Covenants, Conditions and Restrictions for the Century Farm Development dated April 5, 1996 as follows: E. Maximum hanger size is thirty-two hundred (3200) square feet. F. Maximum hanger height of twenty -eight (28) feet. All other covenants, conditions and restrictions shall remain the same, and was supported by Mr. Schilling. Motion carried 7 -0. Wyland stated this will go to the Council on Monday, October, 26, 1998. B. PUBLIC HEARING: PDO and Preliminary Plat for Shopping Center Development, Lake Drive & Apollo (extended) C. PUBLIC HEARING: McDonald's /Amoco, Lake Drive & Apollo (extended), Conditional Use Permit and Site Plan Review Mr. Wessel provided an update with regard to this project, noting the Staff reports as submitted to the Planning & Zoning Board. He advised that this request will be heard at the November 11, 1998 Planning & Zoning Board meeting. During that public hearing, the applicant's entire development team will be represented and will make a presentation as well. Mr. Wessel presented a review of the project in its concept plan to develop a McDonald's Restaurant and grocery store. He advised that this project is not materializing as quickly as the developer had thought and noted the need for this cornerstone development to work well within the site, surrounding roadways, and properties which includes housing and industrial as well as retail. Mr. Wessel stated the developer is proposing, as a first project, a McDonald's Restaurant, Amoco gasoline station, and convenience center. He stated the delay at this point means the McDonald's Restaurant and the grocery store will not be built until next spring following the approval process. He stated it is important to understand this is the site, building, planning review, and a PDO which is a planning and regulatory process. A second track has been developed on all of these projects to negotiate directly with the Town Center Committee on the architectural design, landscaping, and streetscape. The objective of those negotiations is to create a development that the Town Center Committee feels is comfortable with the neighborhood feeling desired in this area. He noted the location of the bank which is under construction and the Conoco /convenience store which was just approved last night by the Town Center Committee as it relates to design features. Planning & Zoning Board October 14, 1998 Page 4 Mr. Brixius stated the City is asking the developer to stand behind the initial concept plan. In review of the materials received, the applicant indicated he was not prepared to do a development plan for the entire site but the four lots on the cul -de -sac should be looked at since they impact each other. The development plan does emphasize those areas but not to the level of detail expected by City Staff to address how it integrates into the PDO. He noted there is also a need to quantify and provide more direction with regard to the landscape plan and tree preservation. The street lighting elements also need more attention. McDonald's Restaurant needs a CUP for the gas station, car wash, and drive -thru window. He noted the elements being addressed with regard to this request and efforts being made to assure the lighting is kept down to eliminate glare and so the car wash does not interfere with traffic circulation or parking. Mr. Brixius stated since that level of detail was not achieved, Staff recommends a continuation. Chair Schaps asked if the applicant has indicated a willingness to accommodate Staff's requests. Mr. Brixius stated they agreed with the continuation and know what the City's expectations are. Chair Schaps noted that a four lot integrated plan is what the Council and Planning Commission want to see. Mr. Wessel stated this is correct and Staff has been clear in communicating the City's expectations. Mr. Trehus stated at the time of concept plan approval the City had the understanding there would be a McDonald's Restaurant, not including a gasoline station and car wash. Mr. Wessel stated every one of the pads, except the grocery store, are an anchor and up for negotiation. He stated if you look closely at the concept approval there are pads available for a grocery store and restaurant but it also provides flexibility and it is appropriate to look at various uses for those pads. He stated the developer is working with a very good leasing agent so the concept may change quite a bit. Mr. Trehus noted the Oasis has two access points directly onto Lake Drive. However, this site would have a more indirect curving route off Lake Drive. He stated this is a concern and he believes the extension would be a detriment to other businesses locating farther into the development. He suggested a Netter location for a gas station would be farther up with direct access to Lake Drive. Mr. Wessel stated the applicant feels comfortable with this location but he agrees with the importance of addressing the site and best use for it. He advised of the potential changes to this interchange and that there will be one entrance off Lake Drive into this shopping center. Mr. Powell commented on the Transportation Plan which conducted discussions with the State of Minnesota and Anoka County regarding the roadway. He advised that Anoka County wants to limit the points of access since safety decreases based on increased number of access points. Because of this, the applicant agreed to go along with the • • • • Planning & Zoning Board October 14, 1998 Page 5 access as indicated and not have direct access to Lake Drive. Mr. Powell commented on the current study of Main Street by Anoka County and possible modifications to that interchange. Mr. Trehus stated he was suggesting a "right - in/right -out" type of arrangement. Mr. Powell advised that option was researched and eliminated due to problems with the different traffic speeds and circulation patterns this close to the interchange. Mr. Trehus inquired about Anoka County's revised position regarding the Main Street and 35W interchange. Mr. Powell stated in the current Transportation Plan for Anoka County this interchange remains a high priority but the County has indicated that as they update their CIP the project may fall in priority since no one is "championing" that interchange due to the wetland issues. However, an interchange of 35W and Lake Drive may increase in priority. Mr. Johnson stated he sees a conflict with traffic circulation by vehicles using the gas pumps and needing to drive past McDonald's to exit. He noted that usually vehicles are able to drive directly up to gas pumps and leave by a direct route. Mr. Powell stated he and Mr. Brixius both mentioned this conflict in their reviews and would like to see the opportunity for a more clean exit from the site by the car wash. • Mr. Johnson stated he would have a problem supporting the proposed traffic circulation pattern. Mr. Dunn stated it is vital that these questions and concerns be addressed when the application is presented before the Planning & Zoning Board. He noted this project will be the anchor so it is important to assure it is correctly handled. Mr. Dunn stated he also shares a concern with a McDonald's Restaurant and gasoline station. He added that he likes the unique architecture but hoped the McDonald's Restaurant would include a playland. Mr. Dunn stated he also has a concern about the size of the grocery store and future potential to be competitive and successful. Mr. Wessel stated the grocery applicant is convinced that a mid -sized grocery store is suited for Lino Lakes. He stated he would like them to have the opportunity to explain this to the Planning & Zoning Board. Mr. Corson made a MOTION to extend the request for a PDO and Preliminary Plat for Shopping Center Development and McDonald's /Amoco Conditional Use Permit and Site Plan review to November 11, 1998 and the review period by another 120 days, and was supported by Mr. Dunn. Motion carried 7 -0. D. PUBLIC HEARING: Comprehensive Land Use Plan Planning & Zoning Board October 14, 1998 Page 6 Chair Schaps declared the public hearing open at 7:12 p.m. Mr. Brixius advised that the Comprehensive Land Use Plan is being recommended for approval by the Lino Lakes Task Force. He reviewed the review process used and explained the various sections which make up the Comprehensive Plan. Mr. Brixius then presented and provided a detailed explanation of the Comprehensive Plan and Development Framework. Mr. Wessel explained that five years ago the Council responded to resident concern about providing tax diversity to increase the City's tax base and not rely on the residential homeowner's taxes. He reviewed the five goals of the action plan which were implemented in 1995 with the goal of creating a community /industrial tax base by bringing economic development and services into the community with a managed Plan that respected the environmental amenities of Lino Lakes. He reviewed percentages of growth and stated he believes these goals can be reached. He stated these goals are attainable based on the moderate pace of residential homes constructed annually, the amount of commercial acreage available for development, and the City's track record that developed $8 million of evaluation annually over the last five years. Mr. Wessel commented on the industrial and commercial development in Lino Lakes and their importance. He also commented on future anticipated projects and traditional neighborhood development practices. Mr. Wessel reported on the outcome of the 1995 Five Year Economic Development Plan, stating it has resulted in the location of 36 businesses in 23 building projects with an additional estimated market value of $43 million through 1999. The result is that employers are coming to Lino Lakes so increasing the availability of diverse housing opportunities is of concern to this labor force. Art Hawkins, Centerville Road, stated his concern with the growth figure identified on Page 3 and as presented in the Quad Newspaper. He stated his calculation indicates this would result in adding 8,820 residents by the year 2020 which would equal 23,820 residents with the present population. Mr. Hawkins noted this is overshooting the goal of 20,500 residents. However, if you use a figure of 100 homes per year instead of 147, it would equal 21,000 residents which is closer to the goal. Mr. Hawkins stated the Metropolitan Council uses a calculation of less than three per household so that figure may be variable from community to community. He stated that the Quad also indicated the present acreage of residential and what it will be in 12 years indicates 12,530 acres and compares it to the acreage left for open space. Mr. Hawkins stated this does not provide an allowance for the area occupied by development of industrial or commercial which amounts to approximately one -third of the total acreage used for building sites, according to the Growth Management Plan. He asked that these discrepancies be given some consideration. • • • • Planning & Zoning Board October 14, 1998 Page 7 Donna Carlson, 6808 East Shadow Lake Drive, stated she moved to Lino Lakes in 1973. She explained that most lots are 90 to 100 feet wide and 145 to 200 feet in depth, approximately one -third of an acre. She stated Page 173 of the Housing Plan indicates the goals are 10 to 12 units per acre and asked what type of unit that would involve. Mr. Brixius stated multiple family would be other than single - family such as twin homes, townhomes, or apartments. He noted the Council has indicated this density is too high and directed Staff to readdress and negotiate to a more realistic level. He stated multi- family would combine high and medium density uses. Ms. Carlson noted there was a discussion of disbursing types of housing throughout the City and asked where the high density is located. Mr. Brixius stated there are basically three sites of high density residential: one along I -35E, one between the Centerville boundary, and the third in the Village Center. Mr. Brixius stated the seven acre site would be a combination of high and medium density. Ms. Carlson reviewed the goals and benchmark identified in the housing goals and commented on the letter regarding Birch Street that was to be sent to the County by the Council. This letter needed to be sent as soon a possible and now, eleven weeks later, it still has not been sent. She stated she sent letters to the Council and Staff and requested action. Chair Schaps suggested this request also be made specifically to the City Council at their Open Mike. Connie Grundhofer, 235 Linda Avenue, stated the City has hired an ecologist to survey the land and asked if that findings would be made public. Chair Schaps stated it would be made public Ms. Grundhofer asked how it would be made available. Mr. Wessel reported that a special environmental meeting will be held tomorrow night at 6:30 p.m. and invited Ms. Grundhafer to attend. Ms. Grundhofer asked how the Council would address an environmental concern and be accountable should a special concern be found. Mr. Brixius stated generally the City looks at the information available in making a land use situation and a high value environmental amenity will reflect that type of zoning. He noted the Zoning Ordinance is another level of protection and includes the actual rules regarding additional environmental protections. Mr. Brixius stated this issue is a very valuable element in Lino Lakes which is evidenced by the way the Comprehensive Plan was drafted and the study currently underway on the Management Plan. He added that it is not just a money issue. Planning & Zoning Board October 14, 1998 Page 8 Pat Rickaby, 59 North Road, asked about the housing stock regarding point of sale inspections and recommended that also be applied to mobile home sales to assure they are up to Code when being sold. Ms. Rickaby stated she attended the Vision Tour which she found was good. She stated there was some talk about lots being for sale by the Sea Plane Base where people could have their own plane. Ms. Rickaby asked if this is something new and could it be expanded. Mr. Brixius advised the audience of a 5 lot subdivision that was approved with a private taxi lane and hanger space. He stated it was thought to be appropriate since the sites are at the end of the runway and those buying would understand the operation so it would be a compatible relationship. Ms. Rickaby stated a resident from that area contacted her and expressed concern about this situation since there is a noise impact. She stated if this is an expansion it needs to be closely looked at. She stated that the Vision Tour discussed the number of housing units per acre for various types of housing with high density limited to 16 units per acre. Mr. Brixius stated with the current Code that is correct. The Implementation Plan makes suggestions to revisit each of the Districts to determine appropriate densities within each. Jerry Bauer, 14681 Waco Street, Anoka, stated he and another person own property on Lake Amelia and it is currently under question. He stated he attended several meetings and was excited about the way the City's consultant handled the City's Plan in wanting good transportation, good soils, upscale housing, and availability of utilities. He noted utilities are available across from County Road J and asked why this property is zoned Rural. Mr. Brixius stated that all utilities for that area would have to come from White Bear Township. He explained there is existing infrastructure along Birch Street and near both of the interchanges but rather than create a new infrastructure area the City's strategy is for infill and orderly staging off existing infrastructure. Mr. Bauer stated there was a IPA with White Bear Lake and he does not see that a problem would result if they used their water until it is available from Lino Lakes. Mr. Brixius explained that rather than opening up another area of development the Council felt orderly and staged development was better for the City. Fritz Johnson, 230 Woodridge Lane, stated they moved to Lino Lakes because of the schools and his desire to operate his own business in Apollo Business Park. He wants to thank the people who have spent many hours developing this Comprehensive Plan. He supported the process and people who have developed the Plan and stated that in owning his own business he has learned that plans change. Mr. Johnson stated that you can "sweat" on details or accept a Plan based on where you think you will be and then change • • • • Planning & Zoning Board October 14, 1998 Page 9 it if necessary. He restated his appreciation to those who were willing to give their time towards this effort so Lino Lakes can continue to grow. Mr. Johnson stated it is important to note that commercial and industrial growth will not continue without an increase in residential as well. He commented on an employee of his who purchased a home in St. Paul because that was the only affordable choice. He stressed the importance of providing affordable homes in Lino Lakes. He noted that his business will not be able to grow if his employees are not able to locate in reasonably close proximity. Mr. Johnson stated this is a good Plan and again thanked those who worked so hard on the resident's behalf. Ron Mickoli, 736 Fox Road, stated he is representing property owners who own five acres on the south side of Vicki Lane and the west side of Lake Drive which was rezoned from Commercial to Low Density Residential some time ago. He stated he wants it on record that the property owners would like the property zoned Commercial since the City told the owners in the past they could come in with a commercial plan and it probably would be accepted. Mr. Brixius stated this area is looked at as being surrounded by single- family residential with access from Lake Drive. The Task Force made a specific recommendation to leave it as a low density residential area. Mr. Mickoli stated this is one of the larger parcels along Lake Drive and everything else is from single - family residential, medium residential to commercial. He noted there are a lot of other residential properties in this area. He stated another reason this property should be zoned commercial is the amount of frontage on Lake Drive which would not be good for residential construction. Jeff Joyer, 8174 Lake Drive, stated his appreciation to the Planning & Zoning Board and Task Force members for the time they spend on City business. He stated he sells real estate and has been a resident for the past 20 years. His perspective of the Plan as a whole is that there have been many inquiries for interim housing and rentals which is a deficiency. He stated he has not seen this being clearly addressed in the Plan and thinks more should be done to accommodate the need for rental apartments in the City of Lino Lakes. He stated employers will also be aware of this need. Mr. Joyer drew attention to the three commercial lots north of Highway 77 which appear to be a strip zone of commercial with residential properties to the back and stated this appears inconsistent with the rationale the Task Force is using with the five acre parcel previously mentioned. Mr. Joyer asked to what degree the Plan is likely to be changed based on input received tonight. He thanked Staff for contacting him regarding his questions on another parcel of property. • Mr. Brixius stated the comments received tonight will be part of the Planning & Zoning Board's consideration and may be included in their recommendation to the Council Planning & Zoning Board October 14, 1998 Page 10 should they decide to suggest any changes. That recommendation with the list of recommended changes will be presented to the Council for their consideration. Jerry Linder, 7413 Peltier Lake Drive, noted the location of his property which is zoned as Low density, sewered Residential and asked what the proposal is to extend sewer into this area. Mr. Powell stated there is a large gravity trunk sewer on the southwest quadrant of I -35 and Main Street as well as a lift station which can be used to service that area. Peter Coil, Bloomington, stated Staff has thoroughly outlined the Comprehensive Plan which is the City's window of the future. He commented that this is a significant responsibility to plan for today, tomorrow, and the future. Mr. Coil agreed with the previous comment on the need to make a plan as best can be determined and also the need to be pragmatic to realize a change may be needed. He stated this is especially critical when planning for housing. He stated he works in this area and believes it is critical to provide the needed variety of housing stock to assure the community remains viable. He commented on how the economy and lifestyles have changed and stated there are increasing numbers of seniors with increasing life spans and younger households that want to move back into the community so environmental and aesthetically pleasing environments like Lino Lakes will be attractive. He stated he supports the moderate growth plan which is a reasonable balancing act between the more aggressive goals of the Metropolitan Council but realizes the legitimate concern of residents to protect the environmental resources that exist. Mr. Coil stated a concern was raised about the suitability of soils for development. He presented an analysis prepared by Peterson Environmental Consulting, Inc., an environmental consultant, providing strong evidence showing the soils are indeed generally buildable. He requested that this document be entered it into the record. He stated he met with City Staff earlier this week and Mr. Wessel outlined an exciting prospect for the development of the Town Center which involves funding and will be terrific for the community. He suggested that outlined delineated land uses in the Town Center footprint may be premature. Mr. Coil noted it may be wise to wait until the consulting process is completed before those lines are drawn within the Town Center. He suggested a supplemental Plan overlay which is based on the input and recommendation of the professional consultant may be an option. He noted this consultant has been hired to assure the Plan meets the goals and needs of housing. Mr. Wessel stated there is no question the Town Center plan will be revisited and Staff wants flexibility in how to proceed with that which may include the PDO process. Mr. Brixius stated nothing precludes the City from reexamining it in the future and making adjustments. He indicated that the current Plan identifies the general parameters of what the City is trying to accomplish and serves the City's purpose. • • • • • • Planning & Zoning Board October 14, 1998 Page 11 Mr. Coil stated he is addressing the seven acre segment owned by the Taggs and identified as a site for medium and high density housing. He stated under State Law once the Comprehensive Plan is adopted it is the binding document of the City and the City is required to zone consistent with the Plan. So once those decisions are made, it is difficult for the property owner to request an alteration. Mr. Coil stated if the City is involved in a planning process, it makes sense to complete that process prior to setting the zoning district lines in the Comprehensive Plan. He stated it is possible to amend the Comprehensive Plan but after expending thousands of hours and dollars that may be a "hard sell." Mark Lindblad, 6960 Black Duck Drive, stated he is the Chairman of the 20/20 Vision Citizens Advisory Group. He stated he previously appeared before the Council to provide an analysis of their findings and they asked him to make that presentation before the Board tonight. Mr. Lindblad read a prepared statement and advised that the Group acknowledged their support for the Comprehensive Plan as presented to date. Richard Dick, 8061 Lake Drive, pointed out the location of his property on the west side of Lake Drive. He stated if the Plan is implemented then the zoning will be in place. His property is currently zoned Light Industrial and if it is changed to Commercial it will impact his plans. Nick Montain, 405 Ash Street, stated his property is slated for Low Density Non - Sewered but this area already has sewer and water on both sides of the street. He suggested the Plan be amended to reflect that. Amy Donlin, 6100 Centerville Road, stated they were very happy to see the Rural designation for the Lake Amelia area which is complementary to what they are trying to do on their farm. She explained their farm is part of the Minnesota Land Trust Program which assures the land is protected in perpetuity for a legacy to hand down to future generations. She thanked the Board for supporting what they are trying to achieve. Ms. Donlin announced that the Environmental Board will be meeting tomorrow night and will, for the first time, be apprised of what has been found by the study as far as special resources. She advised there will be follow up meetings which will bring others into the process about greenways and corridor passages for wildlife. She encouraged anyone who is interested to attend these meetings. Guy Herr, 6650 Red Birch Court, stated he has lived in the Lino Lakes area his entire life, served on the Planning & Zoning Board for three years and is a representative for citizens at large on the Comp Plan Task Force. He stated his perspective to support the Plan. He commented that Lino Lakes has grown, at times faster than desired, but growth cannot be arbitrarily or excessively restricted and new residents should not be resented. He stated there should be a plan that promotes balance and control to the City's growth. Mr. Herr stated the Plan provides moderate growth of 147 homes per year, has been reviewed with Planning & Zoning Board October 14, 1998 Page 12 the School District, and been stated to be a reasonable Plan. He stated this Plan will also encourage commercial and industrial growth which will expand the City's tax base, expand opportunities for commercial uses more suited to neighborhood use, allows for other housing options not readily available at this time, and provides modest areas of medium and high density housing. He noted that it has already been mentioned that the density issues will be revisited. Mr. Herr commented that the Plan indicates Birch Street remaining as a two -lane road with no bridge over 35E to connect Birch Street to the east. The Plan responds to the creation and preservation of greenways beyond wetlands (which are already protected), responds to the citizen's request for cluster housing with smaller lot sizes on nonsewered areas, and offers incentives to allow some higher density but at the same time creates land that would be put into a Land Trust. He stated this is a thoughtful Plan created by the residents of Lino Lakes, responds to the 20/20 Vision Plan, and the community survey. He stated the real success of this Plan will be in the details. Mr. Herr urged the Board to forward the Plan with their full support. He commented on the upcoming work to rewrite the Zoning Ordinance and stated he hopes the interest of the residents continues. Mr. Herr stated this Plan will improve the resident's quality of life. Mr. Robinson made a MOTION to close the public hearing at 8:57 p.m., and was supported by Mr. Dunn. Motion carried 7 -0. Chair Schaps called for a recess at 8:57 p.m. The meeting was reconvened at 9:08 p.m. Mr. Robinson requested clarification of the greenway areas including their use. Mr. Brixius stated the greenway areas are open space areas identified as areas characterized by lowlands, wetland areas linkages, most lie within a Rural zoning district, and allow for cluster residential development. Mr. Robinson noted this will limit the use of the person's land. Mr. Brixius stated most greenways are already constrained by wetlands. He stated the actual size and space delineation would be determined and defined in greater measure through the development process. He stated it is not intended to constrain development hut to retain the area into perpetuity. Mr. Robinson stated it does constrain development. Mr. Brixius stated it is determined by wetland delineation and the language indicates it will be defined through the development process and wetland delineation. Mr. Robinson stated some of the areas are fully developable and if this map is submitted to the Metropolitan Council it is a "rubber stamp" that this will be greenway and there is no variation on it. Mr. Brixius noted the text indicates the greenways need to be further defined and if narrowed down the adjoining land use is what would be proposed. If buildable and not constrained in that fashion they would not be greenways. • • • • Planning & Zoning Board October 14, 1998 Page 13 Mr. Robinson stated he understands the text is part of the Plan but he thinks if this is approved it is one more battle to fight that would not need to be fought. Mr. Dunn explained this debate has already taken place with the Task Force and it is more of a concept to recognize the greenway system. He explained it will become more defined but for now it is a conceptual process indicating Lino Lakes will attempt to put greenway systems in place with opportunities for residents to enjoy them, perhaps even with cluster development by them. The City realizes these lands will not be free and the desire to do this will be driven by the residents so funds will have to be raised or the lands will have to be donated. Mr. Brixius stated the intention is spelled out in the Code. He explained the City will not go out and buy the greenways but will protect environmentally sensitive areas. The City will not take away development rights. Mr. Robinson stated it is still an infringement on development rights. Mr. Brixius stated it is a planning process and the overall greenway corridors are a philosophy the City is trying to embrace but there is no intention to buy those greenways at this time. Mr. Brixius noted this intention is spelled out in the text. • Chair Schaps stated it is not intended to be a hindrance to development where there are no wetlands. Mr. Robinson stated he is concerned it will be a hindrance. Mr. Powell stated the Metropolitan Council prepared a metro blueprint and toward the end of 1996, the DNR developed a metro greenprint. He stated the DNR is just recognizing the metro area has to try and maintain the remaining greenways, wetlands, and wildlife areas as a resource because development is encroaching. They are also realizing the need to provide those as buffers to critical habitats and wetland areas. He stated this is early in the process and the Legislature just appropriated $15 to $20 million to the DNR to identify the pertinent areas. Mr. Wessel stated Staff has discussed the opportunity to maintain flexibility in the future planning of the Village and recommends an amendment as part of the Plan approval. Mr. Brixius stated the area of the Village is intended to be a mixed use residential and commercial area and, perhaps, a better way is to identify this entire Village quadrant as a mixed use and establish zoning to delineate the land use in that fashion. Mr. Schilling stated he participated in the Vision Tour and found it very informative and • it cleared up a lot of questions. He stated Staff did an excellent job on the Tour. Planning & Zoning Board October 14, 1998 Page 14 Mr. Corson reviewed the situation with 800 some acres in Blaine that were considered wetlands by the Corp of Engineers but the poor soils were removed and it is now being developed into a golf course and residential development. He stated the City needs to be careful about making decisions based on unsuitable soils because things can change. Mr. Corson stated he has some experience with the Minnesota Trust and while it is good in concept, you need to donate the land plus pay a $5,000 fee plus there is a one year delay until they take it into their possession. He noted this may be an obstacle and should be used careful, possibly expediting that process. Mr. Corson reviewed a process in Ham Lake where a PUD development process is allowed but includes a requirement for open space as well. He stated his concern about not identifying density incentives but stated he believes Staff will present something appropriate. Mr. Brixius explained that when Staff drafts ordinance language the density incentives will be identified. Mr. Corson stated the lighting issue was addressed and asked that the quantity issue also be addressed. He stated he supports disbursing multi - family housing throughout the City and including mobile homes within the Code inspection program. Mr. Corson asked how soon the zoning needs to be consistent with the Land Use. Mr. Brixius stated the City has eleven months to establish zoning that is consistent. Chair Schaps suggested the Board forward all of these comments to the attention of the City Council in condensed form prior to their meeting so they can be considered prior to their action. Mr. Dunn stated this process is consistent with what was previously agreed upon. Mr. Robinson asked if the zoning should be changed on the property mentioned on Lake Drive. He stated the property was zoned commercial for many years and the City asked if they would change it to residential. The property owner agreed because the City indicated they would allow an appropriate commercial development. Mr. Johnson noted adoption of the Plan would not bind the use to that parcel. Mr. Brixius stated that is incorrect and explained that once this arrangement is completed Staff will draft regulations and language that specify zoning districts and uses within that particular district. Mr. Johnson asked if there will be no opportunity to amend the zoning identified on the map, once the Plan is adopted. Mr. Brixius stated that as time passes there are abilities for the Council to make amendments or change a land use arrangement. Mr. Dunn stated when this was discussed at the Task Force meeting, they were under the impression it would be considered spot zoning which is not allowed. He stated if this is not correct, he would entertain revising that particular property since it is conducive for • • • • • Planning & Zoning Board October 14, 1998 Page 15 being commercial. Mr. Brixius stated the term "spot zoning" generally means the introduction of a land use that is incompatible with surrounding uses and means a parcel is being singled out as being inconsistent. He stated the earlier discussion indicated the need for access and if there is only access to local roads and it is surrounded by single family, it should remain single family. Mr. Dunn stated this has been a long and arduous task of the Task Force. He stated he wanted to take this opportunity to commend City Staff for their support of the Task Force over the past two years. He stated he believes this process resulted in a very good Plan for the City with a chemistry that is balanced, manageable, and flexible which are features he really likes. He stated the Board has also heard eloquently from citizens tonight that this is a good plan. Mr. Dunn stated the comment made tonight about the Plan's impact on local business was very pertinent and should be remembered. He stated good comments were also made tonight about the impact to the residents. Mr. Dunn stated this Plan, when put into place, will make Lino Lakes a great City into the future and he fully supports its adoption. Mr. Trehus stated the City has promoted the idea that this Comprehensive Plan would reduce the population growth by as much as 70 %. He stated he is glad to see the language in the latest version of the Plan which firms up the 147 homes per year growth limit but, perhaps, it is without teeth. He stated the 147 homes per year growth rate is not a 70% reduction and noted the City has averaged 200 homes built per year (as averaged since 1988 excluding the two "blip" years). He restated that it is not realistic to consider this as a reduction of 70 %, it is a reduction of 25% in the housing rate that is being proposed. Mr. Trehus stated that a lot of misinformation has been circulated regarding this fact. Mr. Trehus stated goals have been set for a 40% increase in the business tax base and the City is planning to get there with a 25% reduction in the number of homes which he believes is a little farfetched. Mr. Trehus inquired regarding the population figures shown on Page 64 that Art Hawkins spoke to earlier. He stated his opinion that the number of homes and populations are understated in each of the years which misleads the impact of the 147 homes per year growth rate. Mr. Brixius commented on the 1990 census figures indicating 3.38 people per home, the 1995 estimate indicating 3.36 people per home, but now, from that point forward the Plan proposes two people per home. Mr. Brixius explained that what is reflected is that historically, national, regionally, and locally household sizes are getting smaller. Also, existing houses are not staying at three persons per household. This is happening across the board. Mr. Trehus stated the numbers being used do not coincide with the Metropolitan Council's numbers which he disputes. He noted the suggestion that research be done on these numbers, however, no research was done during the Comprehensive Plan process. Mr. Trehus stated the projections indicate only two members per household which he Planning & Zoning Board October 14, 1998 Page 16 takes exception to. Mr. Brixius clarified that this is not what is being represented. He explained the new households may be the same but the current households will be declining lower than the 3.3 rate. Mr. Trehus stated based on these numbers, in the year 2000 there will be 4,845 homes which means 7,785 homes in 2020 and a population (using current population per household figures) of 25,690 which is about what the Metropolitan Council is looking for. Mr. Trehus stated it is arguable to say this is a reduction from Metropolitan Council's figures. He next addressed growth zone boundaries which are being expanded and could support 250 to 300 homes per year if most of the soils are buildable. He stated that the growth zones incorporate a MUSA bank concept so there will not be development pressure since there would not be MUSA allocation. He stated that landowners within the MUSA are generally taxed at a higher rate and the MUSA bank concept is attempting to get around this. Mr. Brixius explained this is the concept as well as the flexibility of using it in different areas because of nonassessed value associated with the MUSA designation. Mr. Trehus stated he talked with someone from the Anoka County Assessor's office who indicated they will make sure the properties are valued at the MUSA designation rate prior to plat approval. They will not wait until MUSA is applied at the time of the plat to raise the property values. Mr. Trehus stated the growth zones are 100% larger (with hydric soils) than needed to create double the development pressure since there will be double the opportunity for development requests. Also, within that area they will be evaluated at a higher rate. Mr. Brixius stated Staff did talk with the Anoka County Assessor's office initially in 1995 and again in 1998. With regard to soils, Mr. Brixius stated this has been explained and based on past subdivisions, on average, the amount of wetlands within a subdivision are generally 1.5 times larger than shown on the NWI. Mr. Brixius stated Staff tried to identify areas of expanded wetlands using hydric soils based on the information they had. He stated it is a standard practice to ask for MUSA based on 1.5 times its Plan amendment. He noted it is written in the language of the Plan that MUSA would be applied on final plat approval, all platting procedures must comply with the Zoning Ordinance and Comprehensive Plan, and there are protections on the size of the final plat. If this is not effective, the City can fall back on the moratorium basis. Mr. Brixius stated what is being done is not contrary to what is in the Plan. Mr. Trehus stated he has a number of concerns and reservation with the Plan. He noted the document from Councilmembers Lyden and Dahl containing their comments on the Plan which was on the table tonight but not included in the meeting packet. • • Planning & Zoning Board October 14, 1998 Page 17 • Chair Schaps asked that this document be entered into the record. • Mr. Trehus asked if everyone has had an opportunity to review it. Mr. Trehus noted two Councilmembers have stated great reservation with the Plan and, since a 4 /5ths vote is needed, it would not be adopted by the Council. Mr. Trehus stated this document contains information that should be considered. Upon a poll of the Board, Chair Schaps stated it appears members are aware of and have reviewed the document. Chair Schaps stated he had the privilege to be the Chair of the Task Force and in seeing the comments made tonight and the consensus reached within the community it helps him understand why people volunteer. He stated the initial comments were so diverse that it was a wonder a consensus compromise Plan was reached. He stated this is a compromise from many different angles including residents of Birch Street and business owners whose interests are protected. Chairman Schaps stated the most divisive part of the process was a group using the letters C.A.L.L. who, apparently, did not show up tonight but have been a continual source of confrontation within this process. He stated while everyone else has been willing to compromise and reach consensus they have not. He stated that while they claim to represent a group of citizens, there is no one here. Chair Schaps stated he hopes Councilmembers Lyden and Dahl are listening. He noted they had very minimal participation, if that is who they are, and their participation recently had been to submit a list of demands upon which they would sign off on a Plan, none of which the 12 member Task Force felt were reasonable but all of whom where willing to negotiate and listen. He stated they have not shown up which he believes, as a citizen of this City, is abominable. Chair Schaps stated he fully endorses this Plan and hopes it is what we think it is. He stated he thinks the Plan will work in the future and, as it needs change, the same consensus building group is available who can work with every group of this City and not just their own. Mr. Dunn made a MOTION to recommend adoption of the Comprehensive Land Use Plan with the citizen input received tonight and an amendment to the Village Town Center as recommended tonight by Staff, and was supported by Mr. Robinson. Motion carried 6 -1 (Trehus). Mr. Johnson made a MOTION to recommend adoption of the Transportation Plan and was supported by Mr. Corson. Motion carried 6 -0 -1 (Trehus). Mr. Robinson thanked Chair Schaps for chairing the Task Force and putting up with comments made. • W. DISCUSSION ITEMS A. Amendment to Zoning Ordinance re: Nonconforming buildings /structures Planning & Zoning Board October 14, 1998 Page 18 Mr. Brixius stated Staff is suggesting a change in the language of Zoning Ordinance Section 3, Subd. 2.B.9, to delete the words "expand size or existing building or structure" and replace it with "expand the size or degree of non - conformity of the existing structure." He stated Staff feels reinvestment in these nonconforming structures is appropriate. If this is acceptable he would recommend it be scheduled for consideration at the next meeting. Mr. Corson suggested being careful so some nonconforming uses are not created that are unable to be reconstructed if damaged. Mr. Brixius stated a provision is included indicating if a nonconforming use is destroyed by 75% it would have to be reconstructed in compliance with Code. Consensus was reached to consider this amendment at the next meeting. B. Fina /Oasis Station Mr. Robinson stated he received a complaint about the lighting at the Fina/Oasis Station. Ms. Wyland stated that she reviewed the conditions of the permit and will visit the site to measure the foot - candles to assure the lighting is within the City's requirements. She explained the Ordinance regulates glare and contains very specific foot -candle limits. Ms. Wyland stated this will be pursued and will be measured with a lumen meter. Chair Schaps thanked Mr. Dunn for chairing the Board meetings in his absence. VII. ADJOURNMENT Mr. Dunn made a MOTION to adjourn the meeting at 9:55 p.m., and was supported by Mr. Johnson. Motion carried 7 -0. Respectfully Submitted, Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. • • •