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HomeMy WebLinkAbout03/12/1997 P&Z Minutes• • • Planning & Zoning Board March 12, 1997 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Acting Chair Robinson called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., March 12, 1997. II. APPROVAL OF MINUTES - FEBRUARY 12, 1997 Mr. Herr made a MOTION to approve the minutes of the February 12, 1997 Lino Lakes Planning & Zoning Board meeting, as submitted. He was supported by Mr. Gelbmann. Motion carried unanimously, 5 -0. III. APPROVAL OF AGENDA - CHANGES /ADDITIONS Acting Chair Robinson noted that agenda item Nos. V.E. and V.F. would be considered in reverse order. IV. OPEN MIKE Acting Chair Robinson declared the Open Mike portion of the meeting at 6:32 p.m. Mr. Herr made a MOTION to close the Open Mike portion of the meeting at 6:33 p.m. and was supported by Ms. Dahl. Motion carried unanimously, 5 -0. V. ACTION ITEMS A. Glen Rehbein - Interim Use Permit for Golf Driving Range, Lake Drive and I -35W - PUBLIC HEARING Mr. Brixius stated that the applicant is requesting an interim use permit to construct a temporary golf driving range on the northeast quadrant of County Road 23 and I -35W. The site is zoned SC Shopping Center, but it is not anticipated that it will be immediately developed. The property owner is seeking Planning & Zoning Board March 12, 1997 Page 2 this interim use until full development occurs. If the City chooses to accommodate this application, it will require an amendment to the zoning ordinance, SC Zoning District, either as part of updating the ordinance or as a separate amendment. As a part of this amendment, the City must establish procedures, conditions and standards under which this interim use permit will be acceptable. Mr. Brixius stated that the site meets or exceeds the minimum standards for size and setbacks in this zoning district. A 768 square foot pro shop is proposed on the site that will be finished in vertical lap siding with asphalt shingles. Access to the site is located at the corner of County Road 23, which would have to be approved by Anoka County. The site is within the Municipal Utility Service Area (MUSA) but is not currently being served with public sewer. Mr. Brixius stated that he does not believe an underground hookup would be appropriate for an interim use. Possibly screened port -a- toilets can be used. Approximately 68 parking spaces are recommended at 1.5 spaces per tee. The plan indicates that there will be between 45 and 55 tees. Staff is recommending revision to the circulation plan of the parking lot. Because of concern about creating a permanent surface for the parking area as required by code, the City Engineer has proposed acceptance of a gravel surface parking lot as long as appropriate signage delineates each individual parking space, including handicapped parking. Mr. Brixius noted that the driving tees must be 300 yards, not 300 feet as mistakenly shown with a 12' x 12' swing zone for each tee and a sidewalk to designate the pedestrian area. It is required that the applicant demonstrate a plan for containing balls. He strongly recommended business hours from dawn to dusk, with no night hours. Additional issues of drainage and grading will be reviewed by the City Engineer. The zoning ordinance defines termination of the interim use permit based on the following: 1. The date stated in the permit; 2. Upon violation of conditions under which the permit was issued; 3. Upon change in the City's zoning regulations which renders the use non - conforming; 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Because of the high profile of this site as a prime development location, it is recommended that, if approved, the interim use permit be subject to a specific termination date five years from the date of approval, which also specifies the time period that temporary standards will be allowed. • • • Planning & Zoning Board March 12, 1997 Page 3 • Acting Chair Robinson stated that he owns a golf driving range in another part of the City and will be abstaining from voting on this matter. In his experience, he does not believe more than one parking space per tee is needed. He stated that he would accept the temporary port -a- toilets as a solution to sanitary facilities as long as they are screened. • • Mr. Herr expressed his concern about containment of balls and protection of residences only 200 yards from this site. Mr. Brixius stated that screening along property lines and the orientation of the tees will address this issue. He recommended that the applicant be required to provide greater detail about the orientation of the tees. Acting Chair Robinson declared the public hearing open at 6:50 p.m. Ms. Denise Manthis stated that she is representing her husband, Mr. Jim Manthis, one of the applicants. Mr. Manthis has been in the golf business for many years and is himself a Class A Master Professional. Because it will take this year for the operation to be up and running, she requested a longer interim use period than five years. With regard to stray balls, they are willing to put up any type of screening the City may require. She requested recommendations for security lighting at night. Mr. Jeff Knutson stated that he is representing Mr. Glen Rehbein. He stated that the building will be designed for future removal. Mr. Wessel stated that this interim use makes sense from an economic development standpoint. The land will not sit idle, and this plan will give the property owner an opportunity to cover holding costs, which are high. Mr. Herr asked if homeowners with in range of the site have been notified of this public hearing. Ms. Wyland answered, yes. Mr. Dunn made a MOTION to close the public hearing at 6:57 p.m. and was supported by Mr. Gelbmann. The motion carried unanimously, 5 -0. Mr. Dunn asked if there is a City policy regarding the use of port-a- toilets or the number required depending on the traffic flow. City Engineer Ahrens stated that there is no City ordinance regarding this issue. He noted that the driving range on Ash Street has similar temporary sanitary facilities, and he does not expect any problems with this application. Planning & Zoning Board March 12, 1997 Page 4 Mr. Dunn asked if food and /or beverages will be served on -site. Mrs. Manthis stated that pop and candy bars will be sold. No food preparation on site. Mr. Dunn asked the procedure for issuing an interim use permit. Mr. Brixius stated that once the development application is signed by the applicant and property owner, it becomes binding to both parties. The lease arrangement will be consistent with the interim use for the property. As this is the first interim use permit processed by the City, it is important for all parties to understand the obligations of the permit. The City Attorney will review the document before it is issued. Mr. Gelbmann made a MOTION to recommend approval to establish a golf driving range as an interim use in the SC Shopping Center zoning district, subject to staff development of standards for temporary sanitary sewer, parking lot and building pad accommodations. He was supported by Mr. Dunn. Motion carried unanimously, 4 -0, 1 abstain (Robinson). Mr. Herr made a MOTION, seconded by Mr. Gelbmann, to recommend approval of an interim use permit to allow the establishment of a golf driving range upon the subject property with the stipulations listed in the staff report dated March 6, 1997: 1. The City address and establish a policy concerning the following items associated with the proposed interim use: a. Utilities (private versus public sewer and water service); b. Parking lot performance standards (bituminous versus gravel surfacing); c. Landscaping. 2. The pro shop comply with all applicable provisions of the Uniform Building Code. This issue should be subject to further comment by the City Building Inspector. 3. The proposed County Road 23 curb cut access location is subject to review and approval by the Anoka County Highway Department and City Engineer. 4. The County Road 23 curb cut is reduced from 30 to 26 feet in width, as required by Ordinance. • • • Planning & Zoning Board March 12, 1997 Page 5 • 5. The site plan is modified to illustrate the quantity and location of all tees or "tee boxes." • 6. The off - street parking area is revised to eliminate the proposed dead -end stall condition. If a gravel parking surface is approved, signage will be required to delineate parking stalls. 7. The site plan is revised to demonstrate compliance with recommended off - street parking supply requirements (i.e., 1.5 stalls per tee) including handicap stall allocations (one per 25 stalls). 8. The applicant demonstrate methods to be used to contain stray golf balls. 9. The City Engineer provide comment and recommendation in regard to grading and drainage issues and the provision of appropriate sanitary sewer treatment and water supply. 10. All site signage comply with applicable provisions of the City's Sign Ordinance. 11. The use terminate upon the happening of the following events, whichever first occurs: a. Termination dates shall be five years from the date of approval; b. Upon violation of conditions under which the permit was issued; c. Upon change in the City's zoning regulations which renders the use non - conforming; d. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 12. Comments of other City staff. Mr. Dunn offered an amendment to allow annual renewal of the interim use permit five years from the date of approval. Mr. Herr and Mr. Gelbmann accepted the amendment. The motion carried, 4 -0, 1 abstain (Robinson). B. Gerald Rehbein - MUSA Land Exchange - PUBLIC HEARING Mr. Brixius stated that the applicant has requested a MUSA amendment to remove 18.08 acres from a parcel located northwest of County Road 14 and 24th Avenue from the MUSA in exchange for designating 22.12 acres southwest of County Road 14 and I -35E in MUSA. Noting the slight difference in land area, Planning & Zoning Board March 12, 1997 Page 6 Mr. Brixius stated that the exchange would have to be in equal amounts. The area is zoned General Business (GB). The reason for the exchange is that the applicant believes that the land southwest of County Road 14 and I -35E has more immediate development potential because of traffic visibility. In 1992, the City adopted a policy that allows new development under the following conditions: 1. The Cost of utility and street extensions can be covered by immediate assessment. 2. The cost of operation and maintenance of the system will not exceed normal costs as projected by the water and sewer rate study. 3. That all up front payment or series of payments by the developer would offset any additional costs of installation and /or future operation and maintenance. Mr. Brixius stated that staff is recommending approval of the MUSA exchange on a 1 to 1 ratio. The applicant is aware of the requirement and will make the necessary adjustment in the plat. Acting Chair Robinson asked if sewer service will be provided by Centerville or Lino Lakes, as there is a Centerville sewer on the edge of the property. City Engineer Ahrens responded that Centerville would require a lift station to service the property because it is shallow. Lino Lakes has a trunk line that can be extended under the highway to the property. Acting Chair Robinson noted this would put the sewer line on the west side of 1- 35E for future development. Mr. Wessel affirmed economic interest in the southwest quadrant of I -35E and County Road 14, and until the Comprehensive Plan is completed MUSA will not be extended. Mr. Rehbein is making arrangements for the land exchange. Acting Chair Robinson declared the public hearing open at 7:20 p.m. There was no comment. Mr. Dunn made a MOTION to close the public hearing at 7;21 p.m. and was supported by Ms. Dahl. The motion carried unanimously, 5 -0. Mr. Dunn asked if there is an alternative that would allow the transfer of the entire parcel to MUSA, rather than 15 percent not included because of the ratio requirement. • Planning & Zoning Board March 12, 1997 Page 7 • Mr. Brixius responded that the Metropolitan Council is not flexible on this ratio. However, through the Comprehensive Plan update process, several pockets of land will be identified as necessary to bring into MUSA. • • Mr. Dunn asked if the small parcel not included in MUSA would affect overall development. Mr. Wessel stated that it would have an ultimate effect but not in this first phase of development. Mr. Herr made a MOTION, seconded by Mr. Dunn, to recommend approval of the Gerald Rehbein, R & R Leasing MUSA land exchange, subject to the conditions listed in the staff report dated March 6, 1997: 1. The applicant shall be required to subdivide the parcel to the southwest of the interchange in such a manner so that the size of the parcel to be developed does not exceed 18.08 acres in size. 2. The costs of extending utility lines west of Interstate 35 -E shall be allocated in accordance with the City's public improvement financing policy. 3. Comments of other City staff. The motion carried unanimously, 5 -0. C. Fogerty II - Apollo Business Park, Site Plan Review Mr. Brixius stated that Fogerty Investments has submitted a site plan for a site located in Apollo Industrial Park. The applicant is proposing to develop 5.5 acres, including a pond. The City will retain Outlot A. Ordinance allows multiple buildings on a single industrial lot, but in order to create a buildable parcel, a survey must be submitted. The proposal is consistent with the Town Center Plan. Adjacent zoning is also industrial. No park dedication is required. Anoka County has limited accesses off Apollo Drive, and the proposed access for this site is at a joint access location. It is recommended that the applicant be required to enter into an access agreement with the adjoining property owner for upkeep of the shared access and driveway areas. Turning radiuses meet standards for semi - trucks. The lot meets or exceeds all general industrial performance standards. It is recommended that handicapped parking be relocated to the center of the building and be properly signed. There is ample room for snow storage in the parking lot. It is also recommended that additional landscaping be provided with different plants hardy to the environment and that a revised landscape plan be reviewed by the City Forester. No outdoor trash receptacle is shown, but should there be one, it would have to be screened from view. Planning & Zoning Board March 12, 1997 Page 8 Mr. Brixius stated that the building facade will be rock face concrete with aluminum sheet metal downspouts. No color scheme is indicated. The lighting plan submitted indicates hooded lighting directed downward toward the parking lot and not visible from the public right -of -way. Signage will be in compliance with the City's sign ordinance. Drainage shall be subject to City review. Staff is recommending approval subject to the 15 conditions listed in the staff report, dated March 6, 1997. Mr. Brixius noted that the plan meets all parking space size guidelines, and condition No. 2 can be deleted. Mr. Dunn asked if the chart on page 3 is based on 7.1 acres or 5.5 acres and whether there is any significant impact to green space, setbacks, building coverage, etc. Mr. Brixius stated that the chart is based on 7.61 acres. The reduction of 2 acres does not effect compliance with building coverage requirements. A minimum of green space requires 10 percent. Mr. Dunn made a MOTION, seconded by Ms. Dahl, to recommend approval of the Fogerty II, Apollo Business Park, site plan review and minor subdivision, subject to the conditions listed in the March 6, 1997 staff report amended by Board discussion: 1. The applicant must submit a preliminary/final plat. 2. Deleted 3. A revised site plan be submitted illustrating two adjacent disability stalls with a five foot access aisle between being located near the front center of each of the principal buildings. 4. The applicant shall enter in an access agreement with the property owner to the north. 5. A revised site plan shall be submitted that illustrates the location of snow storage areas. 6. A revised site plan shall be submitted that illustrates the location of any or all exterior trash receptacles. 7. The architectural appearance and materials of the proposed buildings shall be subject to the review and approval of the City Council. 8. The submitted landscape plan shall be revised in accordance with the comments contained in this report. • • • • Planning & Zoning Board March 12, 1997 Page 9 9. The revised landscape plan shall be subject to review and approval of the City Forester and the City's CPTED Officer. 10. The submitted photometric lighting plan shall be subject to review and approval of the City Engineer. 11. Any and all site signage shall be subject to review and approval of the City Council. 12. The submitted grading and drainage plan shall be revised to illustrate the grading of the proposed ponding area and shall be subject to review and approval of the City Engineer. 13. The submitted utility plan shall be subject to the review and approval of the City Engineer. 14. The applicant shall be required to enter into a development contract with the City. 15. Comments of other City Staff. The motion carried unanimously, 5 -0. D. Boe Ornamental - Lilac Street, Site Plan Review Ms. Wyland explained that Boe Ornamental has submitted a site plan for a concrete block addition to the rear of the existing building of approximately 3,960 square feet. The addition exterior will be painted to match the existing building. Boe Ornamental fabricates commercial and residential staircases and railings. With this addition, the company also plans to expand the number of employees. The site is 1.5 acres and is zoned industrial. It is located adjacent to the street right -of -way which the City is currently considering vacating because a future roadway is not planned. Landscaping is well established along Lilac Drive, and no additional landscaping is proposed. Parking will be available for nine vehicles. Six are required by ordinance for this particular use. No signage change is proposed. Staff recommends approval subject to the five conditions in the March 12, 1997 staff report. Mr. Wessel stated that Boe Ornamental is a valued member of the business community. This addition is in response to their immediate growth needs. He stated that this is only the first phase of a general development plan for the area, which includes an office structure with possible warehousing related to business. He fully expects that when the second building is in, the City will be in a position to hook up the whole area to sewer and water. For this project, a larger septic system is not necessary. Planning & Zoning Board March 12, 1997 Page 10 Acting Chair Robinson asked the amount of landscaping that will be added. Mr. Boe stated that a row of pines will be planted. Mr. Dunn made a MOTION, seconded by Mr. Herr to recommend approval of the site plan as presented with the conditions outlined in the March 12, 1997 staff report as follows: 1. Proper building permits be received prior to any construction. 2. A grading and drainage plan shall be submitted and subject to the review and approval of the City Engineer. This plan shall include well and septic system locations. 3. The City Forester shall review and approve the landscape plan. 4. The Community Service Officer shall review final building plans prior to issuance of any building permits for CPTED Compliance. 5. Access drives and parking areas shall be reviewed and approved by the City Engineer. Handicapped Parking shall comply with ADA requirements. Acting Chair Robinson called a break at 7:50 p.m. and reconvened at 8:00 p.m. E. Preliminary Plat - "Village of Lino Lakes, CSAH 23 & I -35W - PUBLIC HEARING Mr. Brixius stated that this project is City initiated development of a Town Center Village consisting of 54 acres. This preliminary plat for a proposed subdivision represents the first phase of development of two lots for commercial development and a partial street system. This proposal is consistent with the new Comprehensive Plan. The lot areas are zoned LB for proposed commercial uses consistent with the standards of that zoning district. The lot areas exceed LB lot requirements of 15,000 square feet and 100 feet in width but are consistent with the Town Center Concept Plan. Street A will be platted for 80 feet of right -of -way to allow for multiple lanes and a landscaped boulevard. Street B will extend in a northerly direction and is platted for 60 feet of right -of- way for a local street function. The temporary cul -de -sac at the north end of Street B is consistent with Fox Trace temporary cul -de -sac to allow a turn - around for snow plows and emergency vehicles. Streets A and B are planned to be extended in the future. Part of this subdivision consideration is a recommended landscaping plan to be submitted for review to buffer residential homes to the south. It is recommended that the preliminary easement locations be approved by the City Engineer. • • Planning & Zoning Board March 12, 1997 Page 11 • Mr. Brixius stated that access is planned from County Road 23, which will have to be reviewed and approved by Anoka County. With the approval of this plan and construction of Street B, it is recommended that the Tagg property access be rerouted to Street B and the access close to the I -35W interchange be eliminated. • • Mr. Brixius stated that there are no wetlands on the site. Grading and drainage are subject to review by the City Engineer. Staff is recommending approval, subject to the conditions outlined in the March 6, 1997 staff report. Acting Chair Robinson asked if the cul -de -sac of Street B will run into the Tagg property and whether the City is liable for an access to the Tagg property. Mr. Brixius stated that the temporary cul -de -sac can be located in either Outlot A or B with the Tagg property access off of it. Access must be provided to the property. Acting Chair Robinson asked if sewer will be available. City Engineer Ahrens stated that he expects a utility work contract to be approved March 24, 1997, and the work completed by June. Acting Chair Robinson declared the public hearing open at 8:11 p.m. Mr. Lyle Carpenter, 7685 Lake Drive, stated that this is a wonderful plan for the City, but at the last Council meeting there was not enough money for road repair. He expressed concern about how the City can pay for this project. His taxes have gone up 640 percent from four years ago, which is unimaginable. He asked how the City can move forward on this project that will cost millions of dollars when there is no money for roads and residents are over taxed. Mr. Wessel stated that users will be assessed for improvements for utilities and roads. The whole concept is to create a tax base in Lino Lakes that will control taxes. This particular interchange has the potential for the proposed commercial activity. The City Council has placed a priority on commercial economic development. There is demand and need for this type of project. Mr. Carpenter stated that he would like to see this project move forward but does not want to see his taxes go up again. Mr. Dunn made a MOTION to close the public hearing and was supported by Ms. Dahl. The motion carried unanimously, 5 -0. Mr. Dunn stated that he endorses this project because it will help the City. He agreed that there are unresolved questions, but the intent is to make the project pay for itself. The landscape plan is fundamental because the ultimate beauty of Planning & Zoning Board March 12, 1997 Page 12 the project will be driven by landscaping. A commitment has been made to residents to preserve native trees and some of the historical beauty of the area. While the Board does not generally get involved with landscaping, he believes it is mandatory in this case that the Board review and approve landscaping as part of the preliminary plat. Mr. Dunn made a MOTION to include landscaping review by the Planning and Zoning Board as part of the preliminary plat. There was no second, and the motion failed. Mr. Wessel stated that it is inappropriate to tie landscaping to the preliminary plat. It is more appropriately tied to the architecture guidelines that are being administered by the City Town Center Committee. A manual is being prepared by the Town Center Planning Team that will be completed by the end of June. It will be submitted to the Planning and Zoning Board to implement in review of subsequent projects. The guidelines will address landscaping. This preliminary plat is to get the project underway. The architect consultant and landscape architect will approve the landscape design as it develops. Acting Chair Robinson stated that it makes sense to have one landscape architect for the entire project. This will become the focal point of the City, and the best way to develop it is to have one consistent landscape plan for the whole project. Mr. Wessel noted that the two requested variances from the LB zoning district are in compliance with the revised Comprehensive Plan. The first applicant, Fairview Clinic, needs to be open by Fall. Mr. Gelbmann noted that there was a land exchange, and some special restrictions are part of the land identified for this project. He asked if those restrictions have been considered in the preliminary plat. Mr. Wessel stated that the special restrictions imposed by the Metropolitan Council as part of parks and open space are to protect the natural resources and vegetation on the site. There are no special restrictions with this project, but the City has voluntarily taken those concerns into consideration and are part of the landscape plan concept and guidelines. This plat will free two lots for two projects that are ready to develop and is primarily concerned with the land owned by Mr. Glen Rehbein. Mr. Dunn stated that the landscape and architectural control is the fundamental document that will make the project happen correctly. He would like to make sure that this document will be the tool in planning and zoning that will be used for future development requests. Mr. Herr asked if the City is relying on the outlots for immediate drainage needs. 410 • • • Planning & Zoning Board March 12, 1997 Page 13 Mr. Ahrens stated that a grading and drainage plan is being developed. As each site is developed, the outlots will be used for drainage. Mr. Dunn made a MOTION, seconded by Mr. Gelbmann, to recommend approval of the Village preliminary plat, subject to the conditions listed in the March 6, 1997 Executive Summary: 1. With construction of Street B, the following conditions are recommended: a. Driveway access to the "Tagg" property be eliminated from CSAH 23 and rerouted to Street B. b. A temporary cul -de -sac is constructed at the northern terminus of Street B. Such cul -de -sac should measure not Tess than 90 feet in diameter (curb to curb) to accommodate turning maneuvers of emergency vehicles, snow plows, etc. 2. Specific landscaping efforts to occur along the southern border of Outlot A. 3. The City Engineer provide comment and recommendation in regard to grading and drainage issues. 4. An access permit is granted by the Anoka County and /or State Highway Department. 5. The Anoka County and /or State Highway Department provide comment and recommendation in regard to CSAH 23 right -of -way dedication. 6. The City Engineer provide comment and recommendation in regard to utility and easement issues. 7. Comments from other City staff. The motion carried unanimously, 5 -0. F. Fairview Clinic - "Village" of Lino Lakes, CSAH 23 & I -35W - PUBLIC HEARING Mr. Brixius stated that Fairview Clinic has submitted an application to construct a 9,613 square foot medical facility as part of the first phase of the Village project. The plan also incorporates a 5,000 square foot building expansion. The site is zoned Limited Business (LB), which allows medical clinic use. Because the proposed plan is located in the Town Center Village, there are a number of special performance standards. Two variances are requested: 1) setbacks, and 2) green space. The lot space exceeds the minimum standards for LB District. The proposed building conforms with LB setback requirements with one Planning & Zoning Board March 12, 1997 Page 14 exception. Along the street a front setback of 20 feet is requested instead of the required 30 feet, which has not been formally adopted under LB zoning regulations. Secondly, the zoning ordinance requires not less than 35 percent of open space. Approximately 23 percent of this site will be open space. To the north of the site is a proposed ponding area and public open space owned by the City. The variance is requested due to the proximity of the City -owned open space. Landscaping is shown on the north side of the shared access, perimeter and rear of the property along County Road 23. It is recommended that the landscape plan be formally reviewed by the City Forester and CPTED Officer. Plantings are consistent with Town Center Village guidelines. Prairie grass is suggested rather than a manicured lawn for green space. In recognition of the use of prairie grass, it must be understood that part of maintenance needs is periodic burning. Mr. Brixius stated that Village guidelines require the exterior to be of a low maintenance material, and the applicant has undertaken revisions that will be consistent with the defined Village performance standards. The guidelines specify that building facades should be a minimum of 50 percent of the property frontage. The clinic building facade with the 5 -foot wall facade meets this 50 percent requirement. The City Zoning Ordinance does not stipulate parking standards for medical facilities. However, there is a standard for professional office buildings that could be used which would require 58 off - street parking spaces to accommodate the first phase of construction. With the expansion, 86 spaces would be required. The planned 77 spaces would exceed the standard for the first phase. A trash container will be located on the west side of the facility and will be fully enclosed according to set standards. Lighting will be reviewed by the architectural consultant. Grading and drainage is subject to the City Engineer's review. Staff is recommending overall site plan approval of the Fairview Clinic, subject to the conditions listed in the March 6, 1997 staff report, including approval of the two requested variances. Mr. Wessel explained that two acres would be needed to accommodate the proposed clinic with required green space. Because the City plans to retain ownership of the ponding area, special consideration is requested for the green space variance. The reason for the setback variance is to orient the building to allow for a visual penetration of the area that will pull people in. The idea is to create a small town atmosphere. The architecture guidelines are the keystone to the entire development. Fairview Clinic has been cooperative with these standards that will set the tone for a quality look. This project is a gateway statement and fits within the architectural guidelines. Mr. Dunn stated that he wanted it understood that there are mitigating circumstances to allow the variance to green space and thanked staff for the • • Planning & Zoning Board March 12, 1997 Page 15 • explanation. He asked if the zoning ordinance will be amended, or if the new manual will regulate development standards. • Mr. Wessel stated that the entire 75 -acre area will be a special zoning district, which will be in place before the Board reviews the next project. The manual will be an addendum to the Comprehensive Plan. Mr. Ray Piirainen, Director of Fairview Clinic, stated that this clinic will be a satellite facility. Major care doctors and specialists will be located in the new clinic. The trailer truck is for conducting MRI tests and kat scans. Its mobile capacity allows the tests to be done in the community which is easier for patients and doctors. He requested the Board to approve the application in accordance with the report submitted. Mr. Herr stated that he supports the project, but as he is involved in the Fairview system, he will abstain from voting. Acting Chair Robinson stated that the use of prairie grass can be unaesthetic. Mr. Dunn encouraged him to look at the pictures available that show the uniqueness and beauty of prairie grass. Ms. Dahl stated that she is pleased that the overall plan is to make the Village friendly looking. If it looks pleasing, people will come. Mr. Dunn made a MOTION, seconded by Ms. Dahl to recommend approval of the Fairview Clinic site building plans, subject to the conditions listed int eh March 6, 1997 Executive Summary: 1. The City approve the subdivision of land necessary to create the lot in question. 2. The City approve variances for the following: a. From the 30 foot LB District front yard setback requirement. b. From the minimum 35 percent open space requirement imposed in the LB zoning district. 3. The landscape plan is subject to review and approval of the City Forester and CPTED Officer and plant material selections are altered so as to comply with Town Center design guidelines. 4. A determination is made that proposed building materials and colors are consistent with the Town Center design guidelines. Planning & Zoning Board March 12, 1997 Page 16 5. Exterior lighting is arranged to reflect light away from adjoining properties. 0 As per the Town Center Design Guidelines, light fixtures should give due attention to both function and aesthetics. 6. A detailed sign plan is submitted subject to City approval. 7. A grading and drainage plan is submitted subject to review and approval by the City Engineer. 8. Comments from other City staff. The motion carried, 4 -0, 1 abstain (Herr). G. Minor Subdivision, John & Mary Barry 7058 Sunrise /Green Brier Ms. Wyland stated that the application is to split a parcel of 105 feet by 159 feet from the Barry's existing lot of 313 feet by 159 feet. There is adequate area to create three separate lots, but there is a detached garage that would then be located on the middle lot, and the zoning ordinance would require the garage to be removed, as an accessory building cannot be built before the principal building. The Barrys would like to further subdivide the third lot at a later date. Ms. Wyland stated that the property is zoned R -1, and utilities are available to serve the new lot. Staff recommends approval with the $500 park dedication fee and listed conditions in the staff report. Acting Chair Robinson asked if the 30 -foot easement is for a sewer pipe. Ms. Wyland stated that the easement was taken from the original survey for the property and appeared on the new survey. She is not certain whether it is a utility line location. Mr. Ahrens stated that he believes there is a trunk utility line in that area. Mr. Dunn noted an above - ground pool on the Barry property that should be fenced. Ms. Wyland stated that the pool was installed 15 years ago before code regulations for fencing. The applicants are planning to put in a fence. Mr. Herr made a MOTION to recommend approval of the minor subdivision on the Barry property with the following conditions: 1. A $500 Park Dedication Fee shall be collected prior to recording the subdivision with Anoka County. 2. All lot width, depth and area requirements conform to the City's Zoning Ordinance. • • • Planning & Zoning Board March 12, 1997 Page 17 3. Proper building permits be obtained for any future construction on the properties. The motion carried unanimously, 5 -0. H. Minor Subdivision, Robert Ecker /Mary Ann McDougal, 6116 Baldwin /Oakwood Lane Ms. Wyland stated that the minor subdivision request on Oakwood Lane is to allow construction of a single family home. The property is 5.46 acres in size, and the new lot will exceed all zoning ordinance requirements. The property is within the MUSA and zoned R-1X with single family development indicated on the Comprehensive Plan. Utilities are available for the lots to be created. Mr. Ecker has provided a sketch plan that indicated how the parcel would further be subdivided at a later time. The sketch plan appears to meet all requirements of the subdivision ordinance and zoning code. Staff is recommending approval with the conditions listed in the March 6, 1997 staff report. Ms. McDougal stated that she pays taxes on 5.62 acres. Ms. Wyland responded that the new survey may not have taken into account the utility easement. Mr. Mike Ecker stated that the deep lot is required because there is a 10 percent grade. The house must be set back far enough to make sure the driveway is not too steep. Mr. Gelbmann made a MOTION, seconded by Ms. Dahl, to recommend approval of the minor subdivision with the following conditions as outlined in the March 6, 1997 staff report: 1. A $500 Park Dedication Fee shall be required prior to recording the subdivision with Anoka County. 2. Proper building permits shall be obtained for any construction on the site. 3. A Cash Escrow deposit be posted prior to connection to public utilities to insure proper restoration of Oakwood Lane. 4. Should the existing septic system serving the McDougal property fail, the City Engineer may require connection to public utilities in lieu of repair or replacement of the existing system. The motion carried unanimously, 5 -0. Planning & Zoning Board March 12, 1997 Page 18 I. Sign Ordinance, CONTINUATION OF PUBLIC HEARING Ms. Wyland stated that after the Board work session, changes to the sign ordinance were made and are included for review and approval. Acting Chair Robinson reopened the public hearing at 9:17 p.m. Mr. Dunn stated that there are still problems with nuisance signs. If the City is going to adopt a sign ordinance, he believes it should include guidance for signs, such as yard sale signs, No Trespass signs, etc. Ms. Wyland noted that the ordinance provides that no signs shall be posted in road right -of -ways or on public utility poles. Mr. Dunn noted that election signs are put in road right -of -ways. This is common practice and perhaps should be adopted as policy to prevent violations. Mr. Brixius stated that signs allowed in road right -of -ways carry liability for motorists or bikers who are hurt if they get hit by the sign. He further noted that the ordinance states that political signs are not permitted more than 30 days before an election and must be removed within 5 days after the election. Mr. Brixius recommended that the ordinance be consistent with state election laws which allow political signs August 1, of an election year and removal within 10 days after the election. Mr. Dunn made a MOTION, seconded by Ms. Dahl to submit a list of signs , i.e., signs in rural areas, miscellaneous signs, to staff for analysis of reasons why provisions should be made in the sign ordinance. Discussion: Mr. Dunn stated that he would prefer to postpone approval of the ordinance until the loose ends are addressed and guidelines are provided for all circumstances. Then it will be easy to stand behind the ordinance. The motion carried unanimously, 5 -0. Mr. Dunn made a MOTION to continue the public hearing to the April 9, 1997 meeting and was supported by Mr. Herr. VI. DISCUSSION ITEMS There were none. VII. ADJOURNMENT Mr. Dunn made a MOTION to adjourn the meeting at 9:30 p.m. and was supported by Ms. Dahl. The motion passed unanimously, 5 -0. •