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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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.