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HomeMy WebLinkAbout09/10/1997 P&Z Minutes• • Planning & Zoning Board September 10, 1997 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT September 10 1997 6 :30 p.m. 10:35 p.m. Dahl, Dunn, Gelb manii, Herr, Johnson, Robinson and Schaps None ;. Planning Coordinator Wyland, City Engineer Ahrens. conomic Development Director Wessel, Planning rnsultant Briiaxius mow.. ......,. I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., September 10, 1997. II. APPROVAL OF MINUTES - AUGUST 13, 1997 Page 4: Mr. Johnson stated that the second paragraph should state that he asked if the proposed parking area surface would be less of a drainage problem than asphalt. Mr. Herr stated that he was present at the August 13, 1997 meeting. Mr. Robinson made a MOTION to approve the minutes of the August 13, 1997 Lino Lakes Planning & Zoning Board meeting, as amended and was supported by Ms. Dahl. Motion carried, 7 -0. III. APPROVAL OF AGENDA There were no changes. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:35 p.m. There were no comments. Mr. Dunn made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m. and was supported by Ms. Dahl. Motion carried unanimously, 7 -0. • • • Planning & Zoning Board September 10, 1997 Page 2 V. ACTION ITEMS A. Public Hearing Continuation - Rehbein Arena/BMX Bike Racing, 426 Pine Street, Amended Conditional Use Permit Chair Schaps declared the public hearing open at 6:36 p.m. Ms. Wyland stated that the application for a conditional use permit for the Rehbein Arena was continued from the June, July and August Planning & Zoning Board meetings to clarify issues raised. At this time the applicant has submitted a detailed site plan showing wetland, the tree line, drainage, parking, etc. Overflow parking is provided, as well as 121 parking spaces on -site which will be surfaced with recycle concrete base material approved by the City Engineer. In order to meet setback requirements, the applicant is willing to separate a small triangular parcel of land from the adjacent property that he owns and deed it over to the arena property. If this minor subdivision is not approved, the applicants requests that the Board consider a 25 -foot variance to the required 50 -foot setback from the adjoining property. Staff has reviewed the site plan and finds it to be acceptable. No additional lighting is being proposed, as racing takes place during the day. Restroom facilities are provided for women in a separate building and porta -pottys for men. Staff is recommending they be screened from the public right -of -way and neighboring properties. Smoke sensors have been installed, and the new sound system has been in place four weeks. The Police Department did monitor traffic on August 29 and 31. They were not able to obtain the County Smart Trailer to measure speed limits so officers monitored speeds. Two people were found to exceed the speed limit, and the average speed is approximately 35 mph. Two letters were received from residents: one commends the operation and one lists problems. Rice Creek Watershed District has reviewed the site and is requiring a development plan which is scheduled to be presented at the September 24, 1997 meeting. The Watershed District's approval of the development plan is a condition of approval of the conditional use permit. Two letters of support were received, one from SuperAmerica and one from the Leukemia Society. Mr. Johnson asked how the sound system will be monitored by the applicant. Ms. Wyland stated that operations will not revert to the previous system used. The new sound system is in place. Mr. Johnson requested that condition No. 9 be clarified if it refers to City Council approval of the overall schedule of events, rather than approval for each event scheduled. The word "scheduled" was changed to "schedule ". Mr. Herr noted that the P & Z received a letter from an adjoining property owner complaining about noisy conditions. He asked if any further comments have been received on noise incidents. Ms. Wyland responded that there is no record of additional reported noise incidents. Mr. Dunn asked if the public right -of -way is defined as no on- street parking. • • Planning & Zoning Board September 10, 1997 Page 3 Ms. Wyland answered, yes. Mr. Rehbein responded to one letter from Ms. Bowman who referred to the bobcat skids. He explained that he was trying to get an outdoor track ready for state races, but it did not get done. Two bobcats were running at one point. Ms. Sharon Kohler, of Sunrise Drive, stated that she has three children who race at the track. It is a great program and good for kids to have an activity to participate in other than school sports, and she would like to see it continue. She has not noticed any problems with noise. Ms. Dahl asked the distance from Ms. Kohler's home to the track. Ms. Kohler answered, approximately three miles. Mr. John Rivard, 8302 4th Avenue, stated that he supports the track and would rather see kids ride at the track than Tom Thumb. He has never noticed noise problems. Cars are respectful and do not speed. Mr. Bill Lawson, 5915 Pine Street, stated that he lives directly across the street from the arena, and there is no significant problem with noise. It is not as noisy as snowmobiles in the winter. He agreed that it is better for kids to be able to ride at the arena than on the street. Mr. Les Peterson, 341 Linda Lane, stated that he has two sons who race at the arena. He stated that the traffic on 4th Avenue is generated by race participants, most of whom are riders under driving age and brought to the arena by their parents. Those who participate invest a lot of time and money in this highly competitive sport. They attend many races every year and spend weekends traveling around the country. Traffic has always been a problem, but Mr. Rehbein regulates the clientele. Mr. Al Hogal agreed that the noise is not as bad as snowmobiles in winter. Track operators abide by state and local codes. He believes Mr. Rehbein has addressed every concern that neighbors have brought to the Board and demonstrated his willingness to make this project work. The schedule is dictated by the BMX governing body. A certain number of events are required to keep the facility sanctioned and insured. He noted that there are 11 tracks in Minnesota, 4 of which are in the metro area. It is the only national sport in Lino Lakes. He recommended that the Council grant the conditional use permit and support this project because the operators are ambassadors for the City. Ms. Annie Kohler stated that she is a racer. This track gives teenagers something to do instead of getting into trouble. School sports require practice every day. Bike racing is once a week and good for those who like to ride bikes. Mr. Robinson made a MOTION to close the public hearing at 6:55 p.m. and was IIsupported by Ms. Dahl. The motion carried, 7 -0. • Planning & Zoning Board September 10, 1997 Page 4 Mr. Dunn stated that noise is a prevalent complaint from nearby residents. He would hope that a tree buffer will reduce noise, especially in the area where three homes can be seen from the arena property. He wants neighbors to feel that there is cooperation and an effort to address the noise problem. Mr. Rehbein stated that he will work with the City Forester to plant the right number and right type of trees. Mr. Dunn requested that condition No. 11 be added for approval to require the City Forester to review the area and make recommendations for planting trees for noise abatement. Mr. Dunn asked if the sound system is still an issue and the meaning of the measurement of 59 decibels. Mr. Markson responded that the new sound system has been modified so that the volume is controlled and cannot go higher than set. The bases and trebles have been eliminated. The amp measure of 59 decibels is low; 58 is the lowest setting. Chair Schaps amended condition No. 1 to insert "and maintain the present" after the word • "monitor," and add that no modification can be made without City approval. Mr. Herr asked for clarification of condition No. 10, "other conditions." Ms. Wyland explained that if a variance is needed, the conditions of a variance could be included in this application. Mr. Johnson stated that he would prefer to see a property transfer in case the property is ever sold. If the deed is transferred, the variance does not have to be reviewed by the Board again. Mr. Johnson made a MOTION to approve the application for an amended conditional use permit for the Rehbein Arena/BMX Bike Racing at 426 Pine Street with the conditions presented in the staff report as amended: 1. The applicant shall monitor and maintain the present sound system to avoid disruption to the adjoining property owners, and no modification can be made without City approval. 2. Parking shall be provided for 121 vehicles with handicapped spaces as determined by ADA Rules and Regulations. No parking shall be allowed on the public right - of -way. 3. The parking area shall be surfaced with 7 inches of recycled base as approved by the City Engineer. 4. The porta - pottys shall be screened from the street right -of -way and the adjoining properties. • Planning & Zoning Board September 10, 1997 Page 5 5. All site signage shall comply with the City's Sign Ordinance. 6. A development plan shall be reviewed and approved by the Rice Creek Watershed District. 7. The City Engineer shall review and approve the final site grading and drainage plan. 8. Racing of motorized bikes shall be prohibited. 9. An event schedule for outdoor races shall be reviewed and approved by the City Council. 10. At the choice of the applicant, either a 25 -foot setback variance is approved or a minor subdivision to transfer property in order to meet City setback requirements. 11. Approval is conditioned on a review of the area by the City Forester for recommendations to plant trees for noise abatement. • The motion carried unanimously, 7 -0. • B. Public Hearing - Molin Concrete - 415 Lilac Street - Amended Conditional Use Permit, Variance, Rezoning and Street Vacation Chair Schaps declared the public hearing open at 7:05 p.m. Mr. Brixius stated that Molin Concrete Products is seeking to expand their plant on Lilac Street. Mr. Molin owns land south and north of the 77th Street easement and would like to use 20 acres of undeveloped land north of the 77th Street right -of -way for outdoor storage. In order to accommodate this request, rezoning would be necessary from Light Industrial (LI) to General Industrial(GI). In addition, the City would need to vacate the 77th Street easement, approve a conditional use permit for outdoor storage and approve a building height in excess of 45 feet within a GI district. This is a policy decision by the Board and the City Council. The proposed site lies outside the MUSA boundary, and sanitary sewer is not available to the property. It is served by a private well and septic system. An additional burden to the City system is not expected. Mr. Brixius noted that the designate land use in the area is industrial. The site is surrounded by residential and a park, which raise issues of compatibility. If the Board finds this use acceptable, mitigation and screening from surrounding properties will need to be addressed. As an outdoor storage area, additional traffic is not anticipated. The traffic that does occur will be large trucks. Mr. Brixius noted the criteria listed in the staff report for a conditional use permit. If acceptable, a 100 -foot setback with 40 feet of deciduous and conifer trees planted for screening to the east is proposed. Existing trees will be preserved. A detailed landscaping plan will be required. City ordinance requires that outdoor storage areas be surfaced with blacktop or concrete unless approved by the City Council. Considering the concrete material to be stored, it is recommended that the • • • Planning & Zoning Board September 10, 1997 Page 6 area be surfaced with a material that controls dust and drainage. The site is in compliance with the required amount of green space. Adequate parking is provided. He would not recommend lighting. If the applicant wishes to install lighting, a lighting plan should be submitted for City approval. Mr. Brixius recommended that the City Engineer review drainage and comment whether the existing private well and septic system is appropriate. Concern has been expressed about the 80 -foot height of the building and its proximity to the Lino Air Park. The applicant has met with representatives of the Air Park and Mn/DOT, and it is believed that the height would not be a limitation to air space. The building setbacks are in compliance for the height proposed. The applicant has requested the City to vacate the 77th Street right -of -way which overlays his property. It must be decided whether 77th Street is necessary for overall circulation for this area. Should the Board choose to approve the requests for rezoning, conditional use permit and the 77th Street right -of -way vacation, he would recommend attaching the conditions listed in the staff report. Mr. Brixius stated that a summary of the meeting with officials of the Lino Air Park has been submitted. Mr. Robinson asked the reason for the zoning change and whether the expansion is totally for storage use. Mr. Brixius explained that the way the ordinance is written a concrete plant use is allowed only in a GI district, although outdoor storage is allowed in both LI and GI districts. The expansion is for storage, and the conditional use permit would prohibit further expansion without action by the City. Mr. Darin Burckhard, Structural Engineer for the project, stated that the concerns raised by the Lino Air Park have been addressed. Concern was expressed about staging trucks on Lilac Street. However, the master plan calls for trucks to be staged on the property. Chair Schaps asked if a general neighborhood meeting has been held. Mr. Randy Molin, Facility Manager, Molin Concrete Products, stated that he was unaware that a meeting should be held with residents. The comments he has received from people express concern about noise and backup alarms on the equipment that are required by OSHA. He did order alarms from a different manufacturing company that would still be in compliance with OSHA but not as noisy. Another issue is dust. He plans to surface the ground with an asphalt base material that will substantially reduce the dust. He stated that he would be willing to hold a neighborhood meeting. Chair Schaps expressed concern about the boulevard on Lilac Street with the truck traffic and asked Mr. Molin to address that issue. Mr. Molin stated that there is no need for trucks to park on Lilac Street. Mr. Herr asked the length of time Molin Concrete has been in business in Lino Lakes. • • • Planning & Zoning Board September 10, 1997 Page 7 Mr. Molin stated that the company has been in the City 25 years and now has two batch plants. With new product lines, there is a need for a bigger facility. Mr. Dunn asked about buffer zones for adjacent properties. Mr. Molin stated that the plant will be 400 feet from the east property line. There is a tree line to the north that will be preserved, and the facility will be placed 100 feet from that tree line. All plantings will accommodate the needs of the airport. The company is making a major investment for the long -term use of this site and creating a master plan for the future of the company. Mr. Gelbmann asked the frequency of truck deliveries. Mr. Molin stated that approximately 10 truck trips per day are expected. All will use Lilac Street. Mr. Doug Miller, 7780 Lois Lane, stated that he lives north of Molin Concrete. The main issue for him is rezoning from LI to GI. He requested the Board to reject the application for rezoning because of the proximity to residential areas. Of the households he contacted, approximately 90 percent signed the petition which he submitted to the Board. He noted that Section 81(1)(2) of the Lino Lakes Zoning Ordinance indicates that certain areas will be protected from industrial development because of the proximity to residents and will be allowed in areas where it is not likely to create negative impacts to residential areas. He objects to the rezoning because GI is more intense than LI. There is a fine line between storage with LI and GI. This storage is not passive but requires use of fork lifts which are noisy. Even with mitigation, noise is a problem. He has been awakened at 4:00 or 5:00 a.m. by fork lifts. Other concerns include lights that will be installed, trucks parking on Lilac Street and the reduction in property values as a result of this activity. Ms. Jacqueline Farm, 6209 Centerville Road, stated that she would like to see Molin Concrete stay in the City. She expressed appreciation for the work done with Friends of the Park for golf tournaments, including man hours and other charitable contributions made by Molin. Mr. Sue Miller, 7780 Lois Lane, stated that when Molin chose their site, it was isolated. Now it borders nice, well kept residential areas. Many neighbors have put on additions to increase their property value. Expansion of this company in their back yards will sabotage their gains. Allowing this use will result in noise, dust, a lot of truck traffic in spite of the several hundred feet of buffer. A 50,000 square foot manufacturing facility is proposed in the future which will affect the quality of life on Lilac Drive. She thanked Molin officials for their efforts to be sensitive, but it must be realized that the area has changed. It is also inappropriate for an industrial area to be located near the I -35W and Lake Drive. She urged the Board to reject this proposal. Mr. Brad Lindgren, 388 Thomas Street, stated that Molin Concrete has been a good neighbor in the past except for the number of trucks on Lilac Street and parking on Lilac Street without pulling off onto the shoulder during rush hour. Also, when the ditch on 4th Avenue was put in a number of years ago, Molin's fence was moved. Now it does not stretch the length of their property as intended. Neither the City nor Molin have done • • • Planning & Zoning Board September 10, 1997 Page 8 anything about this issue. Who will make sure buffers will be put in? Trees should be planted now, so they will be large and a good buffer by the time Molin intends to fully develop the property. Mr. Ed Schenck, 7859 Nottingham Lane, agreed that Molin has been a good neighbor. He lives over two blocks away but is also concerned about noise, as he has been awakened this summer by the beeping of backup lights of equipment. Ms. Cindy Ellenwood, stated that she lives in Sherwood Green. She believes the Molins have tried to plan a good buffer. She has been awakened by neighbors' cars and finds the planes more irritating than Molin equipment. She agreed that planting trees now would produce a good buffer by the time a building is proposed. She believes Molin will cooperate with neighbors and did not sign the petition. Mr. Pat Cheesebrow stated that he operates the trucks and has a company policy that all drivers will be at 20 mph on Lilac Street. None of the cars want to be behind the trucks at that speed. He does not like having trucks park on Lilac Street. With the new expansion, they will not park but will come onto the site to load and then leave the area. Parking will be eliminated on Lilac Street. He supports the Molin proposal. Ms. Dawn Primeau, 7780 Nottingham, stated that a small neighborhood meeting was held after everyone was notified. She contacted a realtor who indicated that this rezoning would bring down the value of residential property because of proximity to Molin's. It is a nuisance when trucks go 20 mph in a 40 to 45 mph speed zone with people trying to get to Highway 49 during rush hour. Mr. John Herman, 7859 Lois Lane, agreed that traffic coming off 4th Avenue has to brake behind the slow trucks on Lilac Street. Dust and dirt is a major problem with any wind. If grass is dug up to blacktop the storage area, there will be more problems for neighboring residential areas. Trucks parking on Lilac is the biggest problem, and he believes Molin could create a parking area for the trucks immediately to alleviate the problem. Also hours of operation need to be controlled so residents are not awakened at 4:00 or 5:00 a.m. Ms. Bonnie Herman, 7859 Lois Lane, stated that creating a place for trucks to park would be fabulous. However, to rezone from LI to GI sets a precedent for Apollo Business Park, which is LI, to apply for similar requests. (Note: Apollo Business Park is zoned GI) Mr. Molin stated that he would be willing to meet with any of the neighbors. He would like to address the traffic problem, and in order to get trucks off the street, he needs to use his property to the north to open up a storage area. He is fully aware of the truck traffic problems and experiences the same difficulties described by residents. It is not his intention to build a major facility on this site. He purchased the property for the growth of his company and needs additional space for the growth that is occurring. He believes this can be accomplished and still be sensitive to residential neighbors. Ms. Kathy Schwartz stated that her property backs up to Mr. Molin's property. She is concerned about a possible impact to her well and would prefer to see the storage area closer to the cemetery property line. • • Planning & Zoning Board September 10, 1997 Page 9 Mr. Kevin Kroells, 7839 Lois Lane, stated that he appreciates Molin Concrete but would prefer to not see this expansion. If it is approved, he would like to see aesthetic landscaping to hide the industrial use in addition to a noise buffer. He now keeps his air conditioner on the entire summer to avoid the dust and noise. Mr. Gordon Cable, 426 Greenwood, stated that there are 70 homes adjacent to the north Molin property. Backup noise of equipment is unbelievable, and 100 feet is not a long distance to buffer fork lifts and lights. When he moved to the area, he checked with the City and was told the area is LI. He is concerned about his property value if it is rezoned to GI. He urged the Board to not approve the proposal. Mr. Russell Lenwood, 492 Greenwood, stated that the Winchester Gun Club is more of a nuisance to him than Molin's. Stacking concrete product will in itself create a noise buffer. It was the consensus of the Board to continue the public hearing until the concerns of neighboring residents are addressed at a neighborhood meeting but continue to take testimony of those who are present. Chair Schaps noted that Molin Concrete has been in the City 25 years and expressed his hope that involved residents will be present at the neighborhood meeting. He suggested notification of any resident within a one -half mile radius in any direction and offered City Hall facilities for the meeting. He would hope that the meeting will be a constructive free exchange of questions and answers that will result in agreement on the issues, even if residents would prefer not to have this project. Mr. Robinson made a MOTION to continue the public hearing for Molin Concrete to the October 8, 1997 Planning & Zoning Board meeting and was supported by Mr. Johnson. Motion carried unanimously, 7 -0. Chair Schaps called a break at 8:20 p.m. and reconvened the meeting at 8:30 p.m. C. Continuation of Public Hearing - Highland Meadows, Rezoning, Planned Unit Development, Preliminary Plat Chair Schaps declared the public hearing reopened at 8:35 p.m. Mr. Brixius stated that the public hearing for the proposal from North Suburban Development Corporation for 166 unit development, Highland Meadows, was continued from the August meeting. It is located off Highway 23 and along the 79th Street extension. The area is zoned R -1, and the request is to rezone a portion of the site to R -3 to accommodate townhome units planned in this development. Factors to consider with rezoning is appropriateness of the land use and the appropriateness of the design. Issues discussed previously relate to triangular lots, 70 -foot lot widths, and variable setbacks. The curved street pattern is attractive, but emergency services have expressed concern about the number of units to be accessed from this one cul -de -sac. A neighborhood meeting was held. Some modifications have been made. Staff is recommending a • Planning & Zoning Board September 10, 1997 Page 10 number of changes listed in the staff report, including lot widths be increased to an 80- foot standard and that the number of units be decreased. Mr. Dan Keiger, 777 Marilyn Drive, stated that he was unable to attend the neighborhood meeting but will live at the end of runway traffic if this plan goes through. His main concern is the addition of 160 homes in a small area and the potential for more residential development the north and to the west. An estimate of 1,500 additional cars per day is difficult to comprehend when it is already difficult to access Lake Drive in the morning rush hour. He suggested that improvements be made to Lake Drive before this project is approved. Schools will also be overburdened. He is concerned that development be planned for the future. Ms. Gail Judd, 670 79th Street, stated that there was good attendance at the neighborhood meeting. One issue important to all residents is rezoning from R -1 to R -3 to allow townhomes. While associations are established at the beginning of townhouse projects, often they are voted out and there is no one to carry on maintenance of the property. She is opposed to rezoning and would rather see single family homes. She asked whether the traffic numbers given are only for proposed new homes or include traffic on 79th Street from Mardon Acres. City Engineer Ahrens stated that the traffic generation numbers are based on the proposed • development of 166 single family homes and 56 multi - family homes. • Ms. Judd expressed concern that traffic may cut through 79th Street to Wood Duck to access Main Street and avoid congestion. She suggested that 79th Street not be a through street to prevent additional developments from using it as an access to Main Street. Ms. Judd stated that she likes the cove style which provides a more rural effect. She believes the positives of the new design outweigh the negatives and would like to see the plan approved. Mr. Chris Allison, 638 Barbara Lane, expressed concern about traffic on Lois Lane, Marilyn and 79th Street. The width of 79th Street is not a standard width. It was previously stated that the townhouses are to be used as a buffer to single family homes from commercial areas. However, the plan shows the townhouses in the middle of single family homes, not as a buffer. When he purchased his property, he knew there is commercial property behind his but was not expecting multi - family to be adjacent to him. If not for the traffic and schools, multi- family units should be eliminated for aesthetic reasons. The cove style is beautiful except for the multi - family units. Mr. Johnson asked if it is not mandated that townhouse developments have an association and what recourse the City has if it is dissolved. Mr. Brixius stated that a condition of the PDO will be an agreement filed with the property documents that a homeowners' association is a requirement and cannot be dissolved. If it is dissolved, it would be a zoning violation and subject to prosecution. • • Planning & Zoning Board September 10, 1997 Page 11 Mr. Ken Jacobson, 628 Barbara Lane, stated that the townhomes are an island in this development and he cannot see their advantage. He would like to see the plan revised for only single family homes. Mr. Matt Keiger, stated that the City builds and builds, but no one bothers about the needs of teenagers. Many of his friends are in trouble and it makes no sense to build and build with nothing for teens. The schools are small and getting crowded. Ms. Dorrie Balata stated that she lives at the end of the cul -de -sac on Marilyn Drive. The whole street is filled with children. If the plan is approved, she requested that adequate plans be made to address traffic issues. She agreed with Matt. Her own children are often bored because there is little offered for teens in the community. Mr. Mark Budge, 7713 Marilyn Drive, asked if it would be possible to put in 78th Street to open another street to Lake Drive. It is an idea worth looking into. City Engineer Ahrens responded that idea has not been presented to the County, and he does not believe it would be received favorably. Mr. Robinson noted that Main Street may be reconstructed by 2001, and asked if there are any projections regarding reconstruction of Lake Drive in the near future. Mr. Ahrens stated that the plan for reconstruction of Lake Drive, Hodgson Road and Lilac Street is scheduled within the next nine years. Lake Drive is a turnback road from state jurisdiction to County jurisdiction which requires reconstruction within 10 years in order to use the turnback funds available. He would expect that Lake Drive will be reconstructed to four lanes. Ms. Mary Lee, 7782 Marilyn Drive, asked when Marilyn will be improved if the plan is to make it a through street. Mr. Ahrens responded that there Marilyn Drive is not scheduled at this time for reconstruction. The problem is that it is outside MUSA, and the City would not want to reconstruct without putting in utilities. There is also no plan to reconstruct 77th Street. The City does not have a street reconstruction schedule. The Charter Commission allows a petitioning process against assessments. If that occurs, the City must fall back on other sources of funding, such as taxes. From an engineering perspective, it is difficult to plan reconstruction of streets in this community. Mr. Robinson made a MOTION to close the public hearing at 9:05 p.m. and was supported by Mr. Johnson. The motion carried unanimously, 7 -0. Mr. Rick Harrison, Project Designer, stated that Mr. Dennis Sullivan of the Forest Lake School District was contacted. Mr. Sullivan's reaction is that development is positive because it has been difficult for the school district to raise money through taxes for school expansion. In response to the issue of lot widths, he stated that all cove design developments have slightly reduced lot widths at the setback line. This development has an average lot width at the mid -point of the building at 82.6 feet. Adjustments have been • • • Planning & Zoning Board September 10, 1997 Page 12 made to the plan so that all widths at the right -of -way are at least 50 feet. A requirement of 80 -foot wide lots would mean a reduction of units. The developer would then choose a standard design rather than the cove design. Mr. Brixius noted that the cove design reduces the amount of street surface and suggested that 80 -foot wide lots be required with the understanding that there will be variable front yard setbacks that will not be mandatorily set at 30 feet. At the location of the house pad, the lot would have to be 80 feet wide. The reason for the 80 -foot width requirement at the location of the house pad is to provide room for future expansion. Chair Schaps asked the width dimension of the rear of the lots. Mr. Harrison estimated that the rear lot widths would be in the 70's. Chair Schaps stated that one issue discussed at the last meeting is the fact that triangular - shaped lots are not generally favored in the City, but they have not been removed from the design. Mr. Harrison stated that the developer is not willing to remove them. The multi - family homes are to buffer the southeast. The long range future for the area appears to multi- family and commercial along that major corridor. As for the concern about 36 units being served by the cul -de -sac, there are many more in other communities. Mr. Dunn reported that he visited a similar cove design development in Centerville which is very attractive and a nice change from the rectangles that are uninteresting and create traffic speeding problems. He would like to see the cove design kept for this development because it will be an asset to the community. The twin homes and townhomes blend in well with the single family homes. Combining R -3 and R -1 development is one of the City's goals. He once lived in Roseville where townhomes were built in residential areas and property values did not go down. Mr. Dunn further stated that he agrees with Mr. Matt Keiger that not enough is being done for young people. There is a plan to build a YMCA in Town Center. The need is not unnoticed, but it is difficult to address. Mr. Robinson stated that he would not be able to vote on this issue because of a possible conflict of interest but stated that the concept is good. However, the concerns of the City Planner must be addressed, which may mean fewer lots and becomes a dollar issue for the developer. He understands the issue of R -1 next to R -3 zoning, but he believes the townhomes blend in well and this is a design that looks nice and is being built frequently. Mr. Gelbmann stated that he, too, likes the cove concept. A new concept requires extra effort to accept, but he believes the design fits into the City's plan. He would like to find a way to make this concept work. Mr. Brixius stated that the staff recommendations do not prohibit this concept. Staff is not requesting that the lot width be measured at the 30 -foot setback line. There is concern about rear yard use and the possibility for future additions, patios, and decks. • • • Planning & Zoning Board September 10, 1997 Page 13 Developers who are involved with the initial design do not have to address future concerns of requested variances. The future vision of 79th Street and surrounding areas is the decision the Board needs to address. This development is consistent with that vision according to the Comprehensive Plan except that the Plan calls for low density. The issue to determine is whether to allow medium density. Mr. Johnson expressed concern about the relationship of the townhomes to what will be developed between them and Lake Drive. He would be more comfortable if there was a high density district between the development with the possibility of access from Lake Drive. It is important to pay attention to what is developed to the east. Mr. Brixius agreed and expressed concern that no future access to the east will occur until there is development in that direction. Thirty -two units will be relying on a single point of access. He stated that larger single family lots are planned along 79th Street up to this development. Between 79th and 77th Streets are two zoning districts. What is important is what the Board perceives this area to be. Chair Schaps expressed his difficulty with the fact that the Board expressed concern with the triangular lots at the last meeting and those have not been changed. Although he understands the economic issue for the developer, he does not believe it will make a big difference in the number of lots. The City is prepared to give enormous concessions in the PDO in terms of setbacks and density. At a minimum the developer needs to respond favorably to the City's planning consultant recommendations. Mr. Bruce Krueger, representing the developer, stated that he is not trying to ignore the City's concerns but is seeking feedback and guidance. He is not sure what the impact will be to change the triangular lots. Mr. Harrison stated that one shift will shift everything. He noted that most units will have three -car garages and adequate storage area. With regard to access, he suggested a 10 -foot emergency access that could also be used as a pedestrian access. Ms. Dahl asked why townhomes are included in the plan instead of all single family residential. Mr. Krueger stated that the townhomes will buffer adjacent industrial uses. It was the consensus of the Board to vote on this application as a total package and not split approvals, i.e., approve rezoning but not the preliminary plat until City concerns are addressed. Mr. Dunn made a MOTION to continue consideration of this application as discussed and was supported by Mr. Herr. Discussion: Mr. Johnson offered an amendment to the motion to include a declaration of general support for rezoning, the amendment to the Comprehensive Plan and the PDO. • • • Planning & Zoning Board September 10, 1997 Page 14 Mr. Dunn accepted the amendment. The motion passed, 6 -0 -1 (Mr. Robinson abstained). In response to Mr. Matt Keiger's concerns about activities for teenagers, Mr. Robinson suggested requiring developers to contribute to a teen center. Mr. Brixius responded that the City can collect fees for park dedication purposes, and the City may wish to dedicate a portion of those funds for a teen facility. However, he cautioned against the City charging another fee beyond parks and trail dedication. Mr. Dunn suggested a discussion of a teen facility be added to the "Discussion Items" on the Board's agenda. D. Public Hearing, Dean Quimby (B & E Furniture Building), 7313 Lake Drive Conditional Use Permit Chair Schaps declared the public hearing open at 10:00 p.m. Ms. Wyland noted the new zoning ordinance requirements for a conditional use permit and summarized Mr. Quimby's request for a conditional use permit to allow an automobile services use of the B & E Furniture building which is 8,640 square feet. The applicant plans to rent half of the building and use the other half for the automobile service business. Staff is recommending that the condition in the zoning ordinance that prohibits outside storage, storage of damaged vehicles or vehicles being repaired be waived for this application. A text amendment to the zoning ordinance will be prepared and will require a public hearing. It will be scheduled for the next Board meeting. With the zoning ordinance amendment and the conditions stated in the staff report, it is recommended that this application be approved. Mr. Herr asked if it is unusual for the city to be involved with the hours of operation of a business, as stated in condition No. 11. Ms. Wyland responded that the new zoning ordinance does require stipulation of business hours for certain uses. Automobile services is one such use. Mr. Dunn asked if traffic will be impacted by this business. Ms. Wyland stated that the building was previously used for a retail business. A traffic analysis was not conducted for the proposed automobile service. There was some discussion about the American Legion locating on this site with some neighbors being opposed to that proposal. There was no opposition to this request. Mr. Quimby stated that his father started the business 20 years ago. It is a very small shop that needs to be expanded because their client base is growing. • • • Planning & Zoning Board September 10, 1997 Page 15 Mr. Robinson made a MOTION to close the public hearing at 10:15 p.m. and was supported by Mr. Dunn. Motion carried unanimously, 7 -0. Mr. Robinson made a MOTION to approve the application with the conditions outlined in the staff report and was supported by Mr. Dunn: 1. Proper building permits be obtained prior to construction and a certificate of occupancy issued before use of the building as an Automobile Service Facility. The building permit shall include a deposit equal to 1% of the construction costs to insure completion of site improvements. 2. A landscape /screening plan shall be provided and subject tot he review and approval of the City Forester. 3. The property owner shall connect the structure to City Water and terminate the existing well connection subject to the review and approval of the City Engineer and/or Plumbing Inspector. 4. Outdoor storage of customer vehicles shall be allowed in the yard area. Vehicle parts and accessory equipment shall be stored within the building. 5. Exterior lighting shall be hooded and directed to reflect light away from neighboring residential properties and rights -of -way. Lighting plans shall be reviewed by the CPTED Officer. 6. All applicable MPCA requirements shall be satisfactorily met. 7. Signage shall comply with the City's Sign Ordinance. 8. The entire area other than occupied by buildings or structures or plantings shall be surfaced with bituminous or concrete and provided with a perimeter curb barrier, a storm water drainage system and subject to the review and approval of the City Engineer. 9. The trash handling area shall be screened from public view. 10. A detailed parking plan shall be provided indicating the location of customer /tenant parking with adequate space provided for handicapped per ADA Requirements. 11. Evening and Sunday hours of operation shall be subject to the approval of the City Council. The applicant has indicated that they will operate from 7:00 a.m. to 7:00 p.m., Monday through Friday and occasionally on Saturday morning. 12. Comments from other staff. • • • Planning & Zoning Board September 10, 1997 Page 16 The motion carried unanimously, 7 -0. E. D. Kothe/M. Mularoni, Otter Lake Drive, Minor Subdivision Ms. Wyland stated that the applicant wishes to subdivide a 3.48 -acre parcel into two parcels to sell for light industrial use. Both lots meet the minimum lot size requirements. The location is immediately north and east of the Otter Lake Animal Care Center, 6848 Otter Lake Road. There is a shared access easement for both parcels. The property is zoned LI which is consistent with the City's Land Use Plan. Utilities are available to both lots. Staff is recommending approval with the conditions stated in the staff report. Mr. Johnson questioned the angle of the driveway from the road to the shared easement. Mr. Mularoni stated that the driveway is as perpendicular to the road as is possible. He expressed his interest in acquiring the parcel adjacent to Parcel A that would square Parcel A off nicely. However, at this time he has been unable to obtain it. Mr. Gelbmann made a MOTION to approve the minor subdivision with the conditions outlined in the staff report and was supported by Ms. Dahl: 1. Park dedication is provided as directed by the Subdivision Ordinance. This dedication will not occur until there is some construction on the site. 2. A shared driveway agreement shall be drafted for each parcel of property and recorded with the County. 3. Drainage and utility easements shall be provided as recommended by the City Engineer. The motion carried unanimously, 7 -0. F. Tom Schmelzer, 398 Carl Street, Variance Ms. Wyland described the variance application of Mr. Schmelzer to build an airplane hanger 20 feet from his property line at the corner of 4th Avenue and Carl Street. The Zoning Ordinance requires a 40 -foot setback on 4th Avenue, a collector roadway. Also, the Zoning Ordinance requires a corner lot to be larger than an interior lot in order to allow for the additional street setback requirement. This, however, was not the case when the property was platted in 1977. Hangers are a permitted use in the Rural zone according to this subdivision's covenants approved in 1977. The adjacent property owner and the Air Park Association have written letters in support of Mr. Schmelzer's request. The property owner at 399 Thomas received a similar variance in 1986. Staff is recommending approval on the basis of the findings of fact listed in the staff report. Mr. Schmelzer stated that he believes he has submitted the best design possible for the size and shape of the lot and will fit well with the Air Park and other hangers in the area. If approved, he plans to complete site grading this fall. • • • Planning & Zoning Board September 10, 1997 Page 17 Mr. Herr asked if what is shown is a new driveway onto 4th Avenue. Ms. Wyland stated that the additional driveway is unique to the Air Park. The property to the south has the same situation with an extra driveway onto 4th Avenue. Mr. Herr made a MOTION to approve the variance application of Mr. Tom Schmelzer, 398 Carl Street, on the basis of the findings of fact listed in the staff report and was supported by Mr. Robinson. The motion carried unanimously, 7 -0. G. Continuation of Public Hearing, Telecommunication Ordinance At staffs request, Mr. Robinson made a MOTION to continue this item to the next Board meeting on October 8, 1997, and was supported by Ms. Dahl. The motion carried unanimously, 7 -0. VI. DISCUSSION ITEMS A. Grading Plans/Policy Mr. Johnson made a MOTION to continue this item to the next Board meeting on October 8, 1997, and was supported by Mr. Dunn. The motion carried unanimously, 7 -0. VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 10:35 p.m. and was supported by Mr. Herr. Motion carried unanimously, 7 -0.