HomeMy WebLinkAbout06/11/1997 P&Z Minutes•
Planning & Zoning Board
June 11, 1997
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
June 11, 1997
6:31 p.m.
9:15 p.m.
Dahl, Dunn, Herr, Gelbmann, Johnson, and
Schaps
Robinson
: Planning Coordinator Wyland, City Engineer
Ahrens, Economic Deve opment Director
Wessel, Planning Consultant BobKirmis
I. CALL TO ORDER AND ROLL CALL:
Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at
6:31 p.m., June 12, 1997.
• II. APPROVAL OF MINUTES - MAY 14, 1997
•
Mr. Herr made a MOTION to approve the minutes of the May 14, 1997 Lino
Lakes Planning & Zoning Board meeting, as submitted and was supported by
Mr. Dunn. Motion carried unanimously,
6 -0.
III. APPROVAL OF AGENDA
There were no changes.
IV. OPEN MIKE
Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m.
There were no comments.
Mr. Dunn made a MOTION to close the Open Mike portion of the meeting at 6:34
p.m., and was supported by Mr. Johnson, Motion carried unanimously, 6 -0
V. ACTION ITEMS:
A. Ordinance Amendment - Recreational Vehicles - PUBLIC HEARING
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Planning & Zoning Board
June 11, 1997
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Chair Schaps announced that the public hearing remains open and is continued
at 6:35 p.m.
Planning Consultant Kirmis stated that a draft to amend the City's ordinance
regarding recreational vehicle storage is before the Board for consideration. He
referred Board members to the May 27, 1997 memo which highlights the
changes. He noted that the reference to a maximum number of vehicles has
been deleted. The term "recreational vehicle" is an all encompassing term and
includes such vehicles as snowmobiles, boats, boat trailers, truck campers, race
cars, motorized homes, etc., and must be registered to the family residing on-
site. Front yard storage is limited to driveways and identified setbacks that are
broken down by street classification and measured from the curb line or
pavement edge which makes the ordinance easier to enforce.
Chair Schaps requested a modification to include all trailers of recreational
vehicles.
Mr. Johnson noted that recreational vehicles may not be registered but rented.
He requested language to reflect either registered or rented recreational vehicles
of the resident on -site.
Mr. Dave Raider, 6442 Ware Road, stated that the language referring to
measuring the setback distance could be misunderstood as to whether it is from
a paved trail or a front roadway.
Chair Schaps stated that the measurement is from a curb or street pavement,
not a trail.
Mr. Johnson requested additional language to prohibit RV's from blocking any
trail crossing a driveway.
Mr. Jerry Clausen, 6109 Lake Road, stated that he would prefer to see this issue
covered in the nuisance ordinance. He belongs to a trailer organization and
offers his property as a site for courtesy parking of people passing through with
trailers. That is one of the reasons he purchased his property. He allows people
to hook up to his electric and water utilities.
Mr. Johnson stated that the ordinance is not intended for limited visits. It is
intended to prevent permanent living situations.
Ms. Wyland noted that the code provides for a 14 -day permit at no charge for
visits from friends and relatives.
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Planning & Zoning Board
June 11, 1997
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Mr. Robert Benning 6788 East Shadow Lake Drive, stated that the ordinance is a
good one. He would prefer a stipulation that permits RV's to be parked in front
yards or driveways on a short -term basis only and not stored there. They should
not be allowed to remain in front yards more than two or three weeks.
Mr. Pat Smith, 6922 West Shadow Lake Drive, stated that it is ludicrous to have
to come to City Hall for a permit for friends and relatives to park RV's. Such a
regulation takes rights from residents to use their property in the manner they
see fit. He would like the City to stop imposing government on residents in the
community.
Mr. Jerry Berg, 6489 Totem Trail, noted that the ordinance has always been
intended to regulate storage. Now parking is included. He would like to see any
reference to parking removed. He also noted that not all vehicles may be
registered to the resident. Some may be stored as a hobby for restoration. He
suggested changing the reference of "registered" to "owned." He further stated
that because of the limitations of his driveway he stores vehicles on the side of
the driveway. According to the ordinance that area would have to be paved or
gravel put down at his expense, when he would prefer to keep the grass. A new
surface should not be mandated.
Ms. Wyland stated that in areas where there are larger lots, the driveway area is
not required to be surfaced. In rural areas driveways can be crushed rock, but
any parked or stored vehicle in the front yard must be on a hard surface.
Mr. Berg stated that he does not see the necessity for a paved surface in front
and believes the setbacks are unreasonable. A 10 -foot setback for all street
classifications is sufficient for safety and for snow plowing.
Mr. Carl Elmquist, 6310 Otter Lake Road, stated that this whole issue should be
skipped. With only five complaints in the City in the past few years, there is no
problem and the City should leave well enough alone.
Mr. Herr noted that if the Board did not address this issue, the current ordinance
that would remain would be more restrictive.
Mr. Elmquist stated that the real issue is that people store stuff on their property.
He criticized the Board for trying to regulate where people's belongings are
stored. Property owners should be left alone to do as they please on their own
property as long as it is within reason.
• Chair Schaps asked Mr. Elmquist how he knew the board members did not
share his view.
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June 11, 1997
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Mr. Elmquist stated that he is not against Board members individually but is
against government, which the Board members represent. Everyday there are
more regulations to make life more complicated for property owners.
Mr. Smith asked how residents can know that Board members share their view.
He believes the ordinance is being reviewed and revised because of action by
Mr. Dunn and Mr. Benning. He would like to see the issue left alone.
There were no further public comments.
Mr. Johnson made a MOTION to close the public hearing at 7:00 p.m. and was
supported by Mr. Gelbmann. The motion carried unanimously, 6 -0.
Ms. Dahl asked how houses with 15 feet of driveway can accommodate an RV of
30 feet.
Ms. Wyland stated that most houses are 30 feet from the property line and
another 15 feet from the curb line or road pavement.
• Ms. Dahl asked whether the ordinance would only be enforced upon complaint if
it were put into effect.
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Ms. Wyland stated that current regulations are enforced on a complaint basis.
Mr. Dunn noted that the City is undertaking an update of the Comprehensive
Plan which is dependent on this ordinance and how it will be implemented.
Ordinances are to protect the rights of the people, so that when rights are
abused people have something to fall back on. He believes this ordinance is too
permissive in not defining the number of RV's in the front yard. It will not foster
good implementation of that section of the Comprehensive Plan which will guide
the City today and 25 years into the future. He believes the ordinance could be
better and takes personal offense at criticism toward himself. His job is to
represent the total population of the City.
Mr. Johnson stated that the City is no longer a village. This ordinance will
prevent people in his neighborhood from parking RV's on the front lawn between
the driveway and his property line. More and more residents are encountering
these types of situations and he wants to see the ordinance adopted. In the
spirit of understanding that regulations are restrictive, the Board has defined the
benefits.
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Planning & Zoning Board
June 11, 1997
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Mr. Gelbmann noted that the City's population has doubled in the past five to ten
years, which has created changes in the character of the community. The
regulations that come before the Board are not one - sided. Arguments on both
sides are heard. This ordinance will treat all situations in a balanced way and
allow people to store RV's with a limited impact on their neighbors.
Mr. Herr stated that he would like to encourage residents to support the
proposed changes.
Chair Schaps suggested dropping the reference to "parking" and only use the
word "store." The City already has a parking ordinance, and he is not certain
that the definition should be extended.
Chair Schaps noted that requiring registered vehicles is an attempt to avoid large
piles of junk.
Mr. Gelbmann agreed and acknowledged that while people may have hobbies
with restoring old vehicles, it is inappropriate to have multiple vehicles in various
stages of assembly in their yard, but he is not sure how to address this issue.
Mr. Kirmis stated that if the reference to "parking" is eliminated, there may be
questions as to how the ordinance is to be interpreted. He would prefer to keep
the references to parking to make sure it is clear how the ordinance shall be
applied.
Mr. Johnson made a MOTION to recommend City Council adoption of the
amended ordinance regarding storage of recreational vehicles with the following
provisions:
1. The vehicles are registered or rented by a resident of the dwelling on such
site, provided that:
2. The vehicles have affixed thereto current registration or license plates as
required by law.
3. The vehicles are stored no closer than five (5) feet from side and rear lot
lines.
4. The vehicles located within front yard areas are confined to designated
driveways �r parking areas surfaced in compliance with Section 8, Subd.
4(3) of this ordinance.
5. All front yard storage comply with the following setbacks from street curb
or pavement lines:
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Planning & Zoning Board
June 11, 1997
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Street Classification Minimum Setback
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Local 15 feet
6. The vehicles are not connected to any water or sewage disposal system
on the residential property where the same is so parked or stored.
Mr. Herr seconded the motion. The motion carried with 5 Ayes and 1 Nay
(Dunn).
Ms. Wyland asked if the Board wished to include all trailers associated with RV's
and add a condition that parked or stored RV's cannot block a trail crossing a
driveway.
Mr. Johnson made a MOTION to further amend the ordinance to include all
trailers associated with RV's and add a condition that parked or stored RV's
cannot block a trail crossing a driveway. He was supported by Mr. Herr. The
motion carried with 5 Ayes and 1 Nay (Dunn).
B. Rehbein Arena /BMX Bike Racing, 426 Pine Street, Amended Conditional
Use Permit - PUBLIC HEARING
Mr. Kirmis stated that Mr. Rehbein's request is to legalize the existing BMX
Biking facility located on approximately 20 acres of land south of Pine Street and
east of Fourth Avenue. The property is zoned Rural, which currently does not
allow this particular use. To accommodate the biking facility, two approvals
would be required: 1) a text amendment to the zoning ordinance to allow
commercial sports arenas within this zoning district, and 2) approval of a
conditional use permit to allow this use on the subject property. At the present
time, the City does not have a mechanism in place to accommodate this request.
There is no allowance for a conditional use permit for this use. The Board needs
to determine whether or not to consider a conditional use permit prior to an
ordinance being in place to accommodate it.
Chair Schaps declared the public hearing open at 7:20 p.m.
Mr. Herr stated that he would not want to take action until the ordinance
amendment has been adopted by the City Council.
1111 Ms. Wyland explained that the applicant has been waiting for Council action on
an ordinance amendment. It is scheduled for review at the June 23, 1997
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Planning & Zoning Board
June 11, 1997
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Council meeting. She noted that the City did receive a complaint. Because of
the timing of the complaint, it was decided to go forward with the application.
The Fire Chief has inspected the facility, and Mr. Rehbein is willing to make
some corrections based on the Fire Chief's recommendations.
Mr. Herr stated that after the Council takes action to include this use as an option
for a conditional use permit would be the appropriate time for the Board to
consider it.
Mr. Dunn noted that if the amended ordinance is not adopted, the issue is moot.
However, people have been notified of the public hearing, and he would like to
take time to hear their comments. He expressed his serious concern about
being in compliance with the fire code because with the knowledge that the
facility is not in compliance, the City could potentially become liable.
Ms. Wyland stated that Mr. Rehbein and the Fire Chief have agreed on a 90 -day
time frame to complete repairs.
Mr. Dunn noted that the Fire Chief's memo is dated April 24, 1997, which means
the 90 -day period is almost ended. He expressed his strong concern that events
are taking place at a facility that does not meet fire code standards.
Mr. Johnson asked if the arena is used in the summer.
Mr. Kenneth Rehbein, 8027 Danube Street, answered, yes. He noted that the
Fire Chief did not indicate any danger in the facility. The repair work has been
started and will be completed within the 90 days.
Mr. Kirmis noted that the arena was constructed in 1971 for the purpose of
accommodating rodeo events. It has been a BMX facility since 1994. Events
are held indoors and outdoors. The indoor facility is 15,000 square feet; the
outdoor arena is 24,000 square feet. The Board has recommended that
commercial sports arenas be allowed as a conditional use in Rural zoning
districts in the revised Zoning Ordinance to be considered by the Council.
Mr. Kirmis stated that in relation to this conditional use permit application, staff is
recommending approval with 15 additional conditions, which address: 1)
allowing this conditional use in a Rural district; 2) combining the two lots currently
used; 3) access issues; 4) compliance with side yard setbacks; 5) off - street
parking compliance with setbacks; 6) adequate on -site sewer and water facilities;
7) compliance with the Fire Code; 8) adequate off - street parking provided,
striped, surfaced and according to ADA standards; 9) exterior lighting; 10)
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June 11, 1997
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grading and drainage plan approval from City Engineer; 11) signage; 12) off -
street loading space; 13) noise mitigation; 14) other comments from staff.
Ms. Connie Baumann stated that she lives directly behind the facility on Fourth
Avenue. The bang of the starting ramp sounds several times an hour, and high
speed balloon tires can be heard with yelling spectators. There is a lack of
respect and safety for children on bikes. In addition, they are forced to put up
with the view. They have tried to be tolerant, but she believes that has made it
worse. No one in the neighborhood knew about this land use until a truck
started hauling in dirt.
A resident on Wood Duck Trail stated that he has tried to talk to the owners, but
the answers have not been helpful to the neighborhood's problems. The traffic
and noise are affecting neighboring back yards and property values. He
believes that the owners and operators do not respect neighborhood issues. If
there are not restrictions on the amplified sound or the number of events
allowed, he will move.
Mr. Rick Glewe, 490 Pine Street, stated that he has lived in the area for two
summers and has never had a problem with the Rehbein arena and the way it
functions. For all practical purposes he believes it is good, and Mr. Rehbein has
been cooperative.
Ms. Beverly Rust, 508 Pine Street, stated that she lives next door to Mr. Glewe
and cannot describe the aggravation the neighbors put up with in the last two
years. The noise is loud from 9:00 a.m. to 8:30 p.m. It is impossible to have
people in the yard because no one can hear themselves think. Traffic is another
issue. What will happen if it is enlarged or motorized? What will happen if
property values go down? Drivers are very inconsiderate. There is dust
constantly from the traffic. Out of 30 days in a month, 15 are scheduled with
events. Neighbors were originally told that there would be events twice weekly.
It is not fair to residents who live in the area, and it has been going on for 1.5
years. Parking is an extreme problem with parking on both sides of the street.
Emergency vehicles cannot get through, and there is no other place to park.
People are constantly turning around in her driveway. Culverts were smashed.
It would have been nice if neighbors were notified before this facility was ever
started.
Mr. Art Maxwell, 431 Andall Street, stated that he has not had a problem with the
arena until last summer when the outdoor track came into use. The noise is
terrible this summer in both the front and back yards. The only thing that can be
heard is the PA system at the arena and people cheering. BMX is great for kids
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Planning & Zoning Board
June 11, 1997
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once or twice a week, but four or five times a week all summer really affects the
neighborhood.
Ms. Dawn Maxwell, 431 Andall Street, stated that they chose to buy 1.5 acres for
quietness and so kids could ride their bikes in the street. Some mornings it is
very difficult to get in and out of the area, and kids using the arena are
disrespectful. The noise is very annoying and can be heard inside the house,
unless windows are shut.
Mr. Gary Brownberg, 824 Wood Duck Trail, stated that he does not understand
how this business could be in operation since 1994 without a permit. If a
neighbor complains about his dog barking three times, he is fined. He does not
understand how this business can be allowed for four years with nothing done
about it.
Ms. Carrie Boganrief, 455 Andall Street, stated that she has no problem with the
bike racing; the activity is good for kids. Her concern is the noise and traffic on
Fourth Avenue. It is a circle for running and roller blading, but the speed limit is
45 mph with no shoulders. Many people drive over the speed limit, and it is very
dangerous.
Mr. Rehbein stated that there are also several people who do not mind the race
track. He has had very few complaints from the City and is willing to do
everything possible to work with the residents in the neighborhood. At this time a
new PA system is being designed for outdoors.
Mr. Mark Sandberg, 2342 128th Avenue, Coon Rapids, stated that his son races
at the Rehbein arena. There are two basic problems with the sound system as it
exists. One is that the speaker has to be turned up for everyone to hear. He is
designing a system that will be reflected off the ground with volume controls
similar to a drive -in movie theater.
Chair Schaps asked if the reflective sound system would be installed by mid -
July.
Mr. Sandberg answered, yes.
Mr. Rehbein agreed that the traffic is heavy on Fourth Avenue. However, it is not
only due to BMX people. There are a number of problems with the traffic. A few
years ago he made a request to the City for the speed limit to be reduced to 30
mph but was told that the speed limit cannot be reduced.
Mr. Gelbmann asked if there is parking on both sides of the street.
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Planning & Zoning Board
June 11, 1997
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Mr. Rehbein stated that there has not been parking on both sides this year, and
signs have been posted for "No Parking" on one side.
Chair Schaps asked when the 90 -day deadline expires with the Fire Chief.
Mr. Rehbein stated that he is not sure of the date.
Mr. Johnson asked the constituency of the race arena.
Mr. Rehbein stated that children start at age 4.
Mr. Johnson asked if there are adult racers.
Mr. Rehbein responded that there are a few.
Mr. Johnson asked who is responsible for enforcement of the speed limit on Pine
Street, which is the City limit. He suggested "No Parking" signs on Pine Street
and stated that if parking is provided on -site there would be no problem.
Ms. Wyland stated that Lino Lakes Police and Anoka County Sheriff both patrol
Pine Street. Posting "No Parking" signs has been discussed for the north side of
the street. Mr. Rehbein has put out cones to block parking on Pine Street which
worked well. The City would rather have Mr. Rehbein patrol the area and
provide parking on -site than post "No Parking" signs.
Mr. Gelbmann asked if the combustible material has been removed from the hay
and stable areas of the arena site.
Mr. Rehbein responded that there is very little hay in the stable.
Mr. Johnson asked if Mr. Rehbein intends to use the arena for a horse arena in
the future.
Mr. Rehbein answered, not at this time. He is not sure what the future will bring.
Mr. Dunn requested specific plans for the property rather than a concept before it
is brought back to the Board for review. If the new Zoning Ordinance is adopted,
the requirements for a conditional use permit for a sports arena should be
adhered to. Fifteen stipulations are too many to make a value judgment on the
application. He would like to see an application that includes specifics presented
for Board review. The issues he is concerned about are traffic, sound amplifier,
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Planning & Zoning Board
June 11, 1997
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tire storage is a breeding ground for mosquitoes, and impact to adjacent
wetland.
Ms. Wyland stated that no wetland will be filled in.
Mr. Dunn asked if there will be any environmental impact to the wetland. There
is a large pond to the west that drains through this property. There are too many
unanswered questions. He acknowledged the entertainment provided for
children, but it is a business and it must be reviewed carefully in terms of its
impact to the neighborhood.
Mr. Herr made a MOTION to continue the public hearing to the July 9, 1997
meeting in anticipation of the Council's action on the amended Zoning
Ordinance; to allow the applicant time to resolve issues raised by neighbors by
holding a neighborhood meeting; and to work with City staff and consultants to
review the proposed sound system.
Mr. Johnson seconded the motion.
Discussion:
Ms. Wyland noted that if the Council approves the Zoning Ordinance, this
application could be acted upon. If there is any delay to adoption of the Zoning
Ordinance, the Board could consider a text amendment with the same provisions
as in the revised Zoning Ordinance at the next meeting and vote on it separately.
Chair Schaps stated that to continue the public hearing gives the Council an
opportunity to adopt the Zoning Ordinance. If it is not approved, the Board will
have to take action on the application at the July meeting because of the 60 -day
deadline of application review. That will also allow time to work on other serious
problems, particularly fire code compliance. He expressed concern that the
memo from the Fire Chief is dated April 24, 1997, but Mr. Rehbein is just
beginning to take action to comply.
Mr. Johnson stated that he will not vote for the conditional use permit if the
building is not completely up to code.
Chair Schaps stated that the work to comply with the Fire Code should have
been started immediately. Another item that can be addressed by July is the
sound system. Beyond those issues, the project will have to be considered in
terms of whether it is good for Lino Lakes on its own merit.
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Ms. Dahl suggested that a buffer for neighbors be built along bordering resident
property lines. She requested that the applicant realize the problems neighbors
are having with noise and traffic. She is bothered by the traffic and does not
want to see a child hurt because traffic is not being considered.
Mr. Gelbmann stated that the Fire Code compliance is a big concern for him. It
is very important to assure safety to the large numbers of people who come to
that building. He is surprised that the combustible material has not been
removed because it seems that it would be a simple process and something to
add to safety immediately. He suggested that Mr. Rehbein hold a neighborhood
meeting to resolve issues before the Board reviews the application at the next
meeting.
Chair Schaps stated that the activity is great, and Mr. Rehbein has great
neighbors. He encouraged him to give them the opportunity to express what
they like and do not like.
City Engineer Ahrens offered the services of the City Consulting Engineer to
review proposed changes that would further protect residents and make sure
everything is done properly.
Chair Schaps requested that the Fire Chief review his compliance with his
recommendations again.
The motion carried unanimously, 6 -0.
Chair Schaps had to leave the meeting at 8:20 p.m. Mr. Johnson continued the
meeting as Acting Chair.
C. Liza Horner /Lisa Erhardt, 1565 Holly Drive East, Amended Conditional
Use Permit - Public Hearing
Ms. Wyland stated that the amended conditional use permit is requested to
remodel a room between the barn and riding stable to be used as a residence.
The riding stable is on a 10 -acre parcel and houses 15 to 16 horses. There is a
large riding arena attached to the stable. The space between the stable and
riding arena is the subject of the request. The reason for the request is that the
property is zoned rural with a conditional use permit for use as a riding and
boarding stable. This conditional use permit has been in place since before the
adoption of the Zoning Ordinance. The building code issues raised by the
Building Inspector have been addressed by letter from a Building Code
Consultant. The applicants have indicated their willingness to make necessary
corrections to the structure. If the Board finds this to be an acceptable use, staff
would recommend approval with the following conditions:
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Planning & Zoning Board
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1. Proper building permits obtained and a certificate of occupancy issued
prior to use of the area for living purposes.
2. Structural changes are made to the apartment as outlined by Duane
Grace, Building and Fire Codes Consultant and Wayne Larson, P.E.
3. The smoke detector is hard wired as recommended by the City Building
Inspector.
4. The on -site septic system is maintained per City Code.
5. Disposal of animal waste shall not affect the adjacent wetland areas.
6. Any changes to the use and /or structures shall require an amended
conditional use permit.
7. The applicant allow periodic inspections of the site as provided in the
Zoning Ordinance.
Acting Chair Johnson declared the public hearing open at 8:26 p.m.
Mr. Dunn noted another conditional use permit riding stable in the City with living
quarters which does set a precedent.
Acting Chair Johnson asked the reason for constructing living quarters.
Mr. Ron Greenleaf, Representative of the applicants, stated that there is an
enclosed area between the riding arena and the stable that was partially finished
as a room. The applicants were concerned about supervision of the horses and
decided to finish the room to live in.
Mr. Johnson asked the size of the living space.
Mr. Greenleaf answered that it is under 700 square feet.
Ms. Wyland stated that the floor area is 403 square feet plus another 10' x 10'
area for a total of between 600 and 700 square feet.
Mr. Johnson noted that the space is under the minimum code standard size
which would mean granting a variance. Nothing has been submitted to justify a
variance.
Mr. Gelbmann asked if the apartment portion is adequate to support 40 feet of
snow load as required by code.
Mr. Greenleaf stated that the proposal is in compliance with Section 310.7,
Efficiency Dwelling Unit, as referenced in Mr. Grace's letter dated April 16, 1997.
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Planning & Zoning Board
June 11, 1997
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Ms. Wyland stated that the State Building Code references this as an Efficiency
Unit. The applicant is willing to meet all requirements but does not want to do all
the work without approval as an allowed use. That is the reason for the
conditions for all requirements to be met.
Mr. Herr noted that the State Building Code square footage requirement may be
Tess than the City ordinance requirement of 680 feet.
Mr. Greenleaf stated that the applicants were not aware of any other size
requirement than the State Building Code.
Ms. Wyland stated that there is no space to increase the space of the proposed
living quarters.
Mr. Wessel suggested that the public hearing be continued to allow staff time to
meet with the applicant to clarify these issues.
Mr. Greenleaf asked if the amended conditional use permit could be approved
subject to meeting all code requirements.
IIIActing Chair Johnson stated that it would be premature to grant the amended
conditional use permit.
Mr. Myron Snell, 1556 Holly Drive, stated that he lives across the street and has
no problem with the proposal. His only concern is if more pole barns will be built
for hay storage.
Ms. Horner stated that there are no plans to build another pole barn.
Ms. Claudia Clark stated that she boards her horse at the stable and appreciates
the Board's attitude toward this proposal. It is important to her to know there will
be a responsible party living at the stable.
Mr. Glen Wandersee of Holly Drive stated that he could have built a pole barn to
live in but built a house and had to follow all codes. He emphasized that
everyone should have to abide by the codes.
It was the consensus of the Board that in principle the requested use makes
sense but many questions must be answered, and the living space must comply
with all building codes and City ordinances.
S Mr. Dunn made a MOTION to continue the public hearing to the July 9, 1997
meeting and was supported by Ms. Dahl. The motion carried unanimously, 6 -0.
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June 11, 1997
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Acting Chair Johnson called a break at 8:55 p.m. and reconvened the meeting at
9:03 p.m.
D. Boe Ornamental, 484 Lilac, Site Plan Review
Ms. Wyland stated that Boe Ornamental is requesting a site plan review to
construct a office /warehouse /manufacturing building. The building will consist of
6,376 square feet of office space and 18,002 square feet of
warehouse /manufacturing space. The site is located on Lilac immediately
adjacent to their existing building. The property is zoned General Industrial with
the Apollo Business Park located to the south.
Ms. Wyland stated that the City is working on a feasibility report for the extension
of sewer and water services on Lilac. If the utilities are not extended,
construction of this project will be delayed. The street right -of -way next to this
property was vacated by the City Council at the last Council meeting in
anticipation of this application. The additional property that Boe Ornamental will
receive will be used for on -site parking. Staff is recommending approval with the
stated conditions in the staff report. It is also recommended that two to four
parking stalls be eliminated at the east access. The applicant has agreed, and
there will be adequate parking meeting code requirements.
Mr. Wessel stated that Boe Ornamental has been a valued business in the
community for 15 years. The Economic Development Board supports this
project. It will provide leasing space for new businesses and a Tong -term
upgrade for their own business as Boe continues to expand. The application has
been submitted without requesting tax increment financing (TIF) assistance.
Mr. Dunn asked if the building design blends well with the development on Apollo
Drive so that it is compatible with the area.
Mr. Wessel answered, yes. The exterior will be an architectural treatment of
concrete block and will fit well with the Apollo Business Park. It also will upgrade
the visibility and quality of development on Lilac Street.
Mr. Dunn asked the status of the water and sewer extension.
Mr. Ahrens stated that at the last Council meeting the feasibility report for the
sewer and water extension from Fourth Avenue to Lilac Street to Apollo Drive
was accepted. A public hearing is scheduled for July 14, 1997. A meeting will
be held with property owners to review the report and answer questions. It is his
hope that the project will be ordered and the improvement completed this year.
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Planning & Zoning Board
June 11, 1997
Page 16
Acting Chair Johnson asked what proportion of the building will be leased.
Mr. Doug Boe answered that it is anticipated that the whole facility will be leased
at this time. A small amount of office space may be used by Boe Ornamental.
Mr. Dunn made a MOTION to approve the site plan for construction of a new
office /warehouse /manufacturing building on Lilac Street by Boe Ornamental,
subject to the following conditions:
1. Proper building permits be obtained prior to any construction on the site.
The building permit shall include a deposit of 1% of construction costs to
insure completion of all site improvements.
2. The City Engineer shall review and approve the grading, utility and
drainage plans.
3. Rooftop heating and ventilating units shall be screened and /or blended
with the design and coloring of the building.
4. The parking area shall be modified as recommended in the staff report to
provide better maneuvering room and supplied with adequate
handicapped spaces as provided by the ADA Rules and Regulations.
This would include increasing the entrance drive to 26' and eliminating 2
to 4 parking spaces near the front entrance drive.
5. Permits shall be obtained from the Rice Creek Watershed District for
grading, if required.
6. Signage shall comply with the City Sign Ordinance and proper permits
obtained.
7 Concrete curb, gutter and bituminous paving shall be provided for all
access driveways and parking areas.
8. The City Forester and CPTED Officer shall review and approve the
landscape plan.
9. A lighting plan shall be reviewed and approved by the CPTED Officer.
10. The legal description for this site and the adjoining property shall be
clarified due to the addition of the vacated Industrial Boulevard right -of-
way and a shared driveway agreement signed by the property owner(s).
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Planning & Zoning Board
June 11, 1997
Page 17
Ms. Dahl seconded the motion. The motion passed unanimously, 6 -0.
VI. DISCUSSION ITEMS:
A. Grading Plans /Policy
As Board Member Robinson had requested a review of the City's grading policy,
it was the consensus of the Board to continue this discussion item to the August
13, 1997 meeting, when Mr. Ahrens and Mr. Robinson will be present.
B. Comprehensive Plan Update
Mr. Wessel announced two meetings of the Comprehensive Plan Task Force:
July 17 and July 24, 1997. The objective of the two meetings is to determine the
pace and intensity of residential growth in the community. Secondly,
neighborhood meetings have been completed in all six districts of the City. Staff
will work with Northwest Associates to put the information and issues identified
at the public meetings into a document that will be presented.
Mr. Dunn expressed his interest that the document correlate information from all
districts into a useful working document.
Mr. Wessel stated that he is confident the process will achieve a working
document for the City and encouraged Mr. Dunn to talk to staff.
VII. ADJOURNMENT
Mr. Herr made a MOTION to adjourn the meeting at 9:15 p.m. and was
supported by Mr. Dunn. The motion passed unanimously, 6 -0.