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HomeMy WebLinkAbout07/09/1997 P&Z Minutes• Planning & Zoning Board July 9, 1997 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : July 9, 1997 : 6:40 p.rn�s, : 8:28 p.m : Dahl, Dunn, Herr, Robinson, and Schaps : Gelbmann, Johnson : Planning Coordinator Wyland, Economic Development Director Wessel, Planning Consultant Brixius I. CALL TO ORDER AND ROLL CALL: Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:40 p.m., July 9, 1997. • II. APPROVAL OF MINUTES - JUNE 11, 1997 • Mr. Dunn made a MOTION to approve the minutes of the June 11, 1997 Lino Lakes Planning & Zoning Board meeting, as submitted and was supported by Ms. Dahl. Motion carried, 4 -0 -1 abstain (Robinson). III. APPROVAL OF AGENDA There were no changes. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:41 p.m. There were no comments. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:42 p.m. and was supported by Ms. Dahl. Motion carried unanimously, 5 -0. Mr. Wessel announced that the public meetings scheduled for July 17 and 24, regarding the new Comprehensive Plan and the pace of growth in the community, have been postponed tentatively to September 4 and 11 at the request of the City Council. Official notices will be sent out. • • Planning Zoning Board July 9, 199 Page 2 V. ACTION ITEMS: A. Continuation of Public Hearing - Rehbein Arena /BMX Bike Racing, 426 Pine Street, Amended Conditional Use Permit Ms. Wyland requested that this item be continued to the August meeting in order to give neighbors an opportunity to respond to the new sound system that was installed last week. Ms. Wyland noted that Mr. Rehbein has 90 days from May 29, 1997, to complete the improvement recommendations made by the Fire Chief. Mr. Rehbein has made substantial headway to bring his business into compliance. Mr. Dunn stated that it is his hope that the applicant will use this time to reduce the 15 stipulations recommended by staff in order to approve the application. He also would like to see a specific plan rather than a concept plan. Mr. Robinson expressed his concern with the traffic involved with this project. He asked if there is any way that the speed limit can be reduced on Fourth Avenue. Ms. Dahl suggested additional signage, such as "CHILDREN AT PLAY" to caution drivers. Ms. Wyland stated that City Engineer Ahrens has stated that signs do not work. At the last meeting the City Engineer explained that the only way to have the speed limit reduced is to have a traffic study done. Mn /DOT uses the average speed from the traffic study to set the speed limit. Often when requests are made for a reduction in speed limit the traffic study will result in an increase of the speed limit. One of the best ways to address the traffic is to have heavy enforcement for a period of time. Chair Schaps noted that Fourth Avenue is under City jurisdiction. Mr. Dunn asked why Pine Street is under the jurisdiction of Anoka County and not the City. Ms. Wyland responded that Pine Street is the border between Lino Lakes and the Columbus Township. Both City and County police patrol it. She agreed to present options regarding the control of speed limits in this area at the next meeting. • • • Planning & Zoning Board July 9, 1997 Page 3 Mr. Robinson made a MOTION to continue the public hearing for the Rehbein Arena /BMX Bike Racing proposal to the August 13, 1997 Planning & Zoning Board meeting. He was supported by Ms. Dahl. Motion carried unanimously. B. Continuation of Public Hearing, Liza Horner /Lisa Erhardt, 1565 Holly Drive East, Amended Conditional Use Permit Ms. Wyland stated that at the last meeting, the Board continued this public hearing in order for staff to review the City ordinance pertaining to efficiency apartment regulations. At this time efficiency apartments are only located in multi - family districts. The minimum size requirement is 690 square feet. This property is zoned rural. Commercial horse breeding is allowed by a Conditional Use Permit. Staff believes this application to allow living quarters should be considered as an customary and incidental use to the horse boarding operation guided by the State Building Code as far as size is concerned. The State Building Code minimum size requirement is 220 square feet with a separate bathroom. The application is for an efficiency unit of 657 square feet, which would meet State Building Code requirements. The Fire Chief has stated that it would be dangerous to allow another use, such as living quarters, unless the building is brought up to code. At a minimum, he has recommended that hard wired, interconnected smoke alarms be installed throughout the buildings. He has also recommended that the living unit be restricted to owners and or employees only and not offered for rent to the general public. Chair Schaps declared the public hearing reopened at 6:56 p.m. There were no public comments. Mr. Robinson made a MOTION to close the public hearing at 6:57 p.m. and was supported by Mr. Dunn. Motion carried unanimously, 5 -0. Mr. Dunn recommended adding condition No. 8 to require battery operated smoke alarms also for dual protection. He also recommended requiring installation of steel doors and double sheet rock walls to act as fire barriers. Ms. Wyland responded that the steel doors and double sheet rock is part of the building code, and the application must meet those conditions as part of the building permit requirements. Therefore, they need not be a separate condition. Mr. Wessel stated that he would be hesitant to begin adding building code conditions that become unwieldy. Construction code standards are the responsibility of the Building Official. • • Planning & Zoning Board July 9, 1997 Page 4 Mr. Dunn stated that this is a unique application, and it behooves the City to be more cautious. Mr. Dunn made a MOTION to approve the application of Liza Horner and Lisa Erhardt to construct an efficiency apartment and hay barn at 1565 Holly Drive East, with the stated conditions in the staff report, the Fire Chief's recommendation and the addition of installation of battery operated smoke alarms, that appropriate fire barriers be constructed as described by the applicant's consultant and Building Inspector. 1. Proper building permits are 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. Hard wired smoke detectors as recommended by the City Building Inspector that are interconnected, and the installation of battery operated smoke detectors for dual protection. 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. 8. The living unit located within the stable /arena structure be provided for owners /employees of the horse breeding operation only and not offered for rent to the general public. 9. That fire doors and appropriate fire barriers be included in the construction as described by the applicant's consultant and the Building Inspector. Ms. Dahl seconded the motion. Motion carried unanimously, 5 -0. C. Public Hearing - Behm's Century Farms, Phase 4, 5, and 6, Lilac Street - Preliminary Plat Mr. Brixius stated that the property is zoned R -1, and the proposed use is consistent for single family residential. In February, the City Council approved a MUSA amendment for the expansion of MUSA from the Second Addition to the Sixth Addition. At this time the City has not yet received formal written approval of the MUSA expansion from the Metropolitan Council. Therefore, staff believes this application is premature and should be continued until the MUSA expansion is approved. Chair Schaps declared the public hearing open at 7:05 p.m. • • Planning & Zoning Board July 9, 1997 Page 5 Mr. John Johnson, applicant's consultant, stated that he met with the Metropolitan Council Community Development Committee. The expansion will be on the Metropolitan Council agenda July 21, in time to present to the City Council for action at the July 28, 1997 Council meeting. Barring formal written approval, the applicant is requesting that the application proceed to be considered by the City Council at the same time as the MUSA expansion amendment is presented. Chair Schaps stated that he does not recall approving an application without the necessary MUSA expansion amendment approved in writing. Mr. Robinson agreed and stated that he would not wish to set this precedent for other applications. He expressed concern about Lot Nos. 6 through 8 with overhead airplanes. Mr. Johnson stated that the developer has an agreement with the Airport Association for a setback of 250 feet, so that no homes will be built in direct airplane path. There is plenty of room for houses outside the takeoff and landing strip. He noted that the neighbor to the north is concerned about density on Thomas Avenue. The developer is planning to put in berms and fencing. Mr. Dunn asked how many planes fly overhead per day. Mr. Tom Schmelzer , 398 Carl, Officer of the Air Park Association, responded that on a busy day there would be four planes. Mr. Dunn asked the amount of wetland to be filled to complete the project. Mr. Johnson stated that in order to obtain 10,800 square foot lots, some wetland will be filled. However, the developer's plan for mitigation more than exceeds the state criteria of a 2 to 1 mitigation ratio. The flood plain is contained in the wetland area. There will be no protected easements or alteration to the wetland without City and watershed district approval. Mr. Dunn asked the elevation of the 100 -year flood level. Mr. Johnson responded that the elevation established by the watershed district for development is 898 feet. That elevation has been applied throughout the project. The normal water level is at approximately 893 to 893.5, which is 4.5 feet below the building elevation. • Mr. Dunn asked the size of the larger pond. • • Planning & Zoning Board July 9, 1997 Page 6 Mr. Johnson answered, 7+ acres. If it completely fills, it will be between 9.5 and 10 acres. Two smaller ponds will also be built. Mr. Dunn asked if there is any danger that the runoff will move in an easterly direction that would impact the row of homes in the Second Addition. Mr. Johnson explained that there is a culvert between Lot Nos. 20 and 21 and in the middle of the block between Palomino and Appaloosa. The culverts are 36 inches to 42 inches in height and flow from west to east. All of the runoff from 250 acres upstream of the ditch can be stored with the outlet discharge rate of less than 1 CMS. Increased capacity is provided to preserve wildlife habitats from the rapid rise and drop in elevation. The level of the pond will vary a foot or two unless there are downstream conditions to affect it. The lowest floor elevation of the pond is 2 feet above 898. Mr. Robinson questioned the feasibility of adequate drainage of the property to the north. Mr. Johnson stated that the wetland would need to be drained and the water table lowered. Even though there is dry wetland, the soil meets wetland criteria. To improve drainage, the developer proposes to improve drainage maintenance and make sure properties are not exposed to flood risk. He believes the plan meets or exceeds that objective. He added that the developer is working closely with the watershed district and does not anticipate any problems with approval. Mr. Dunn asked if the developer has a tree preservation policy. Mr. Johnson stated that the lots with trees will be treated selectively, so that only trees necessary to build a street will be removed. Home buyers will be able to select how a house is set on a lot with respect to the trees on that lot. Mr. Uhde, Developer, stated that the Second and Third Additions were approved by the Board without formal approval from the Metropolitan Council on the MUSA expansion. The approval from the Board was contingent upon the MUSA expansion. Therefore, he is not certain what concern there is for precedent. Grading is an issue for this construction season, and a grading permit has been available before preliminary plat approval in the past. He requested the Board to reconsider its position and consider approval of the application at this meeting. The longer the project is delayed, the higher the cost and he would like to keep the lots affordable. Mr. Dunn asked if Mr. Uhde met with the neighbor who expressed concern about privacy. • • Planning & Zoning Board July 9, 1997 Page 7 Mr. Uhde stated that he held a neighborhood meeting with 12 homeowners. The meeting was very positive and he made a commitment to work with the neighbor concerned about privacy and address all neighborhood concerns. He understands that one of the contingencies must be landscaping and berms. Mr. Jay Molitor stated that he owns 63 acres to the north of this project and would like to see it proceed. His main concern is with the Sixth Addition northerly cul -de -sac and how that will impact access to his property in the future. He would like to be sure the access is a benefit, so that he will be able to develop in the future. Mr. Robinson asked the price range of the houses proposed in the Fifth and Sixth Additions, as there is a market for a higher price range. Mr. Uhde stated that the price range is estimated at $119,000 to $120,000. Mr. Dunn requested that an added condition of approval be a fair and reasonable compromise with residents concerned about noise, lights, etc. Mr. Brixius stated that it would be an arbitrary decision for staff to have to make a determination of what is fair and reasonable. Mr. Uhde has in the past worked well with property owners' concerns. Mr. Dunn requested that condition No. 15 be changed to include conclusions of resident concerns and how Mr. Uhde resolves the issue be put on file and made part of the public record. Mr. Robinson made a MOTION to close the public hearing at 7:50 p.m. and was supported by Mr. Dunn. Motion carried unanimously, 5 -0. Chair Schaps asked if separate action is needed for the variance. Mr. Brixius stated that the variance must be presented with the preliminary plat to be consistent with the final plat. The Board should make a recommendation on the variance because the development is dependent on it. Mr. Herr expressed concern about the northerly cul -de -sac and potential road extension to the north and development potential for the property to the north. Mr. Johnson stated that the feasibility study will identify areas to be sewered and how the northern property will be served. There is more than one answer to that question. • • Planning & Zoning Board July 9, 1997 Page 8 Mr. Herr made a MOTION to recommend approval of the preliminary plat of the Behms Century Farms 4th, 5th and 6th Additions, including the variance for the cul -de -sac length, subject to all of the conditions stated in the staff report and as expressed by Board members: 1. The necessary MUSA expansion is approved by the Metropolitan Council. 2. A development plan is submitted which illustrates specific house pad locations and demonstrates compliance with applicable R -1 District setback requirements. 3. The northerly cul -de -sac is extended northward to provide a future street extension to the adjacent property. A temporary cul -de -sac shall be placed at the terminus of such street until an extension occurs. 4. The City approve a variance to accommodate the "Thomas Street" cul -de- sac which exceeds 500 feet in length. 5. The applicant demonstrate to the satisfaction of the City Engineer that proper vehicular and utility access can be provided to Lot 5, Block 5. 6. Portions of Thomas Street and Laurie Avenue are vacated to accommodate the proposed subdivision. 7. All streets are named in accordance with the City's street naming plan. 8. Direct single family lot access to Sunset Road and Lilac Street is prohibited. 9. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 10. All park dedication requirements as determined by the City Park Board are satisfactorily met. 11. The submitted utility plan is subject to review and approval by the City Engineer. 12. Drainage and utility easements are provided along all lot lines and placed over designated wetland areas. This item should be subject to review and comment by the City Engineer. 13. A wetland mitigation plan is submitted subject to approval by the Rice Creek Watershed District and the City Engineer. 14. A detailed landscape plan and tree preservation plan is submitted which addresses screening at the periphery of the plat and reduces the visual impact of the subdivision from adjacent properties and Lilac Street. 15. Comments of other City Staff, and that the conclusion and resolution of resident concerns by Mr. Uhde be on file with the City as part of the public record. Mr. Dunn seconded the motion. Motion carried, 4 -0. Mr. Robinson abstained • due to a possible conflict of interest. • • Planning & Zoning Board July 9, 1997 Page 9 D. Public Hearing - 6924 2nd Avenue - Preliminary Plat - Lang Builders Ms. Wyland stated that the application is to split 9.5 acres into four single family lots. The property is zoned R -1 and located within MUSA. Utilities can be extended to service all four lots. The City Land Use Plan is consistent with R -1 use. The existing home on Lot 2 will remain. All lots meet code standards. One lot will require minor wetland fill, which has been approved by the watershed district. Staff is recommending approval with the stated conditions. Chair Schaps declared the public hearing open at 8:00 p.m. Mr. Dunn asked how the existing home setback was determined. Mr. Robinson responded that the home was constructed before 2nd Avenue was put in. Ms. Wyland noted that 2nd Avenue is a state aid road, which will require a setback of 40 feet and will result in a better alignment with the existing home. Mr. Robinson made a MOTION to close the public hearing and was supported by Ms. Dahl. Motion carried unanimously, 5 -0. Mr. Tim Lang, stated that he is the developer and available to answer questions from the Board. Mr. Dunn made a MOTION to approve the preliminary plat with the following conditions: 1. The City Engineer review and approve final grading and utilities plans. 2. Permits be obtained from the Rice Creek Watershed District. 3. Park Dedication be provided as outlined in the City's Park Dedication Ordinance. 4. The developer sign a development agreement and post financial guarantees for the extension of utilities to serve the newly created lots. 5. Drainage and utility easements are provided along all lot lines and placed over designated wetland areas, subject to review and comment by the City Engineer. Ms. Dahl seconded the motion. Motion carried, 4 -0 -1. Mr. Robinson abstained due to a possible conflict of interest. • • • Planning & Zoning Board July 9, 1997 Page 10 E. Public Hearing - 250 Linda Avenue - Rezoning - Minor Subdivision - Request for Interim MUSA Reserve Designation Ms. Wyland stated that the land parcel in this application is located at the intersection of Linda and Laurene Avenues. It is zoned rural and currently located outside MUSA. The City Land Use Map indicates future single family residential development. Sewer and water utilities are available to serve the property from both Linda and Laurene Avenues. The location of the property would dictate it in the Comprehensive Plan process as a natural area to be added to MUSA and rezoned to R -1. The applicant proposes to remove the existing home to provide two buildable sites. Both Tots would meet the minimum requirements of the R -1 zoning district, except for Lot 2 which is 2 feet deficient in lot depth. The street right -of -way for Laurene Avenue is 83 feet in front of Lot 2. Road right -of -way is normally 60 feet. Therefore, staff is recommending approval of a two -foot variance to meet ordinance criteria. Another option would be to vacate part of the 83 -foot right -of -way. The City could vacate 17 feet to eliminate the jog in the road. This may be a better solution than a variance. Staff is recommending approval with the conditions stated in the staff report. Mr. Brixius noted that any vacation by the City must be on the basis of a finding that the street will be consistent with the Comprehensive Plan. Chair Schaps declared the public hearing open at 8:11 p.m. There were no public comments. Mr. Robinson made a MOTION to close the public hearing and was supported by Ms. Dahl. Motion carried unanimously, 5 -0. Mr. Robinson made a MOTION to recommend approval to rezone the property at 250 Linda Avenue from Rural to R -1 single family residential and was supported by Mr. Herr. Motion carried unanimously, 5 -0. Mr. Robinson made a MOTION to approve the minor subdivision at 250 Linda Avenue with the following conditions: 1. The City Engineer review and approve grading, drainage and utility plans for the two new lots. 2. Permits be obtained from Rice Creek Watershed District if required. • • • Planning & Zoning Board July 9, 1997 Page 11 3. One park dedication fee in the amount of $500 be collected prior to recording of the minor subdivision. this dedication would cover the newly created lot. 4. MUSA designation be provided to the property from the City's Interim MUSA Reserve. 5. A variance for 2 feet in lot depth be granted for Lot 2, or in the alternative, the City grant the vacation of 17 feet of Laurene Avenue right -of -way and add that strip to the property of Lot 2. Mr. Herr seconded the motion. Motion carried unanimously, 5 -0. Mr. Herr made a MOTION to recommend approval for the City to vacate a 17- foot x 100 -foot strip of Laurene Avenue right -of -way to be added to the property of Lot 2, on the basis that this vacation would be consistent with the City Comprehensive Plan. Mr. Robinson seconded the motion. Motion carried unanimously, 5 -0. Mr. Herr made a MOTION to recommend that the variance for 2 feet in lot depth on Lot 2 be approved based on the reasons required by the code as itemized in A. through F., pages 1 and 2; and satisfaction of those reasons as outlined in the staff report; and contingent upon non - vacation of Laurene Avenue. Mr. Robinson seconded the motion. Motion carried unanimously, 50. Mr. Robinson made a MOTION to recommend approval to allocate Tess than one acre of MUSA Reserve to 250 Linda Avenue and was supported by Mr. Dunn. Motion carried unanimously, 5 -0. F. Scott Boyer - 8231 Lake Drive - Site Plan Review Ms. Wyland reported that Mr. Boyer has moved a garage onto his property and has realized after the fact that it must be approved by the City through a site plan review. The property is zoned Rural but indicated as single family residential on the Land Use Map. The property is 100 feet wide by 200 feet deep. The Zoning Ordinance allows a maximum of 1,100 square feet of garage area. The relocated garage plus the existing garage total 820 square feet, and therefore are in compliance with the ordinance. The Building Inspector has found the relocated structure to be sound and would recommend approval with the stated conditions in the staff report. Mr. Dunn made a MOTION to approve the site plan review, subject to the following conditions: • • Planning & Zoning Board July 9, 1997 Page 12 1. Proper building permits be obtained and the structure securely anchored according to requirements of the State Building Code. 2. The relocated building be located a minimum of 5 feet from the side property line, 10 feet from any existing dwelling, and 40 feet from the front property line. Mr. Robinson seconded the motion. Motion carried unanimously, 5 -0. VI. DISCUSSION ITEMS Mr. Wessel stated that the City Council has requested that the Planning & Zoning Board discuss the City code as it applies to liquor licenses or places eligible for liquor licenses at the next meeting. The American Legion Post 566 in Blaine has put together a purchase agreement for the old B and E building on Lake Drive, contingent upon a liquor license. The area is zoned light industrial, but the City code specifically states that no liquor license can be granted within 1,000 feet of any church or school. The building being purchased is 600 feet from a church. One Council member has suggested that the code stipulation may be obsolete, and the issue should be revisited. Mr. Wessel added that there is also concern about the Town Village educational facility that is planned. Mr. Robinson noted that the cross street at that location is residential. Chair Schaps recommended and it was the consensus of the Board to recommend holding a neighborhood meeting as soon as possible. Mr. Herr asked if there would be a public hearing. Ms. Wyland stated that a public hearing would be required for a code amendment. Mr. Dunn requested that the staff report on this issue include information on requirements in other communities. Mr. Brixius noted that in addition to proper separation, the City is required to provide a certain percentage of opportunity within the community for adult uses, or the City could be subject to challenge. The discussion on grading compliance was postponed to the August meeting. Mr. Herr expressed sympathy to Ms. Dahl whose mother died last week. • VII. ADJOURNMENT • • Planning & Zoning Board July 9, 1997 Page 13 Mr. Robinson made a MOTION to adjourn the meeting at 8:28 p.m. and was supported by Mr. Dunn. Motion carried unanimously, 5 -0.