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.