HomeMy WebLinkAbout12/10/1997 P&Z Minutes•
Planning & Zoning Board
December 10, 1997
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
I. CALL TO ORDER AND ROLL CALL
• Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:32
p.m., December 10, 1997.
II. APPROVAL OF MINUTES - NOVEMBER 12, 1997
Mr. Robinson made a MOTION to approve the minutes of the November 12, 1997
meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Dunn.
Motion carried, 7 -0.
III. APPROVAL OF AGENDA
The agenda was approved as submitted.
IV. OPEN MIKE
Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. There
were no comments.
Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:34
p.m., and was supported by Ms. Dahl. Motion carried 7 -0.
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Planning & Zoning Board
December 10, 1997
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V. ACTION ITEMS
A. Public Hearing, Incarnation Cemetery, Ash Street, Amended Conditional
Use Permit to Expand the Cemetery
Chair Schaps declared the public hearing open at 6:35 p.m.
Ms. Wyland presented this request for expansion of the Incarnation Cemetery at 899 Ash
Street through the addition of 2.0 acres to the existing 1.49 -acre cemetery. The subject
property is zoned Rural and, according to the City Zoning Ordinance, qualifies as a
permitted conditional use provided it is located on a "major collector roadway" and
screened according to Section 3, Subd. 4S.
In addition to increasing the size of the cemetery by 2.0 acres, Ms. Wyland explained that
the Cemetery Association would like to relocate the existing storage building and add two
driveways. Staff recommended that the second driveway onto Ash Street be approved by
Anoka County prior to construction.
By way of background Ms. Wyland explained that the existing cemetery contains 550
platted sites. The proposed expansion would allow for an additional 700 sites. Ms.
Wyland added that the wetland area would be protected by a drainage easement, as
required in the previously approved subdivision.
Ms. Wyland represented that the conditional use permit criteria can be met in this case
and Staff recommended approval subject to the following conditions:
1. Drainage easements be provided over all wetlands.
2. The driveway and storage building location be subject to all applicable
setbacks and subject to review and approval by the City Engineer and
Building Inspector.
3. Landscaping plans be reviewed and approved by the CPTED Officer and City
Forester.
4. A turnaround be provided for emergency vehicles, if required by the Fire
Chief.
5. The second access be subject to approval by Anoka County.
Ms. Wyland pointed out that there is no immediate need for this expansion; therefore,
compliance with the necessary requirements is not urgent.
Mr. Johnson asked about the widths of the proposed driveways. Ms. Wyland stated that
although not specified within this request, the City Ordinance requires at least a 10 -foot
width.
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December 10, 1997
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Mr. Johnson then asked if there is any proposed change in signage for the cemetery.
Jerry Hawkins, representative for Incarnation Cemetery, stated that there are no plans to
change signs at the cemetery. He added that his group has a good history of maintaining
the cemetery, and intends to continue to do so. They are aware of the wetland issues, and
intend to comply with the City's requirements.
Mr. Dunn asked about a maintenance program. Mr. Hawkins indicated that a committee
of approximately eight parishioners maintain the cemetery grounds.
Mr. Robinson made a MOTION to close the public hearing at 6:42 p.m., and was
supported by Mr. Johnson. Motion carried 7 -0.
Mr. Johnson made a MOTION to approve the conditional use permit for Incarnation
Cemetery, pursuant to the conditions outlined above, and was supported by Mr.
Gelbmann. Motion carried 7 -0.
B. Public Hearing, Gerald Rehbein, southeast corner of Main Street and 21st
Avenue, Preliminary Plat for Clearwater Creek Business Park
Chair Schaps declared the public hearing opened at 6:43 p.m.
Mr. Brixius explained that T & G Properties Inc. has requested preliminary plat approval
for an eight -lot commercial subdivision entitled Clearwater Creek Business Center. The
subject 23.3 -acre site is located south of Main Street between I -35E and the eastern
boundary of the City of Centerville. The property is zoned General Business (GB), and
lies within the MUSA.
Mr. Brixius indicated that he met with Mr. Rehbein regarding this project earlier in
December. A number of configuration issues were raised at that time. Generally, the
proposed lots exceed the minimum 20,000 - square -foot area requirement, ranging in size
from 1.4 to 2.5 acres. All proposed lots also exceed the minimum lot width requirement
with the exception of Lot 2, Block 1, which is recommended for expansion in order to
provide consistency throughout the subdivision.
Although Staff recommended approval of the preliminary plat at this time, Mr. Brixius
suggested that, in the event there is a buyer for Lot 1 only, at the time of final platting
consideration be given to platting all but Lot 1 as an outlot allowing for flexibility in
marketing the balance of the site on a parcel by parcel basis with minor modification to
the preliminary plat.
The proposed subdivision project would include the upgrading of 21st Avenue to include
bituminous surfacing. The western one -half of this roadway lies within the jurisdiction of
the City of Centerville. A 60 -foot right -of -way width is proposed for Northern Lights
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December 10, 1997
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Boulevard, which is anticipated to be extended southward in the future. As a condition of
preliminary plat approval, the Northern Lights Boulevard right -of -way should be
expanded to 80 feet in accordance with Section 302.03(1) of the Subdivision Ordinance.
All lots demonstrate compliance with applicable GB District setback requirements. There
is a number of wetlands located on the subject property, and a mitigation plan has been
submitted to and approved by the Rice Creek Watershed District. The grading and
drainage plan remains subject to approval by the City Engineer.
Mr. Brixius explained that plat approval would end at the southern boundary of Outlot A,
and it is recommended that the southern boundary be designated consistently on the plat.
With filling of the wetlands, a new drainage system is proposed to extend along the
northern and eastern property lines with a ponding collection area on the eastern side of
the plat. Easements will be required over this drainage swale and ponding area.
Additionally, utility and drainage easements will be required along all lot lines. Utilities
are subject to review by the City Engineer. Park dedication should be subject to review
by the City Park Board. The extreme northeast portion of the subject site lies within the
City's 100 -year flood plain, bringing into question the need for proper elevation of the
streets and building pads, as well as recognition of hydric soils with respect to possible
development limitations. Storage of underground fuel tanks and proper MPCA
positioning and installation must also be addressed.
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Staff recommended approval of the preliminary plat, based on the following conditions: •
1. Consideration is given to expanding the width of Lot 2, Block 1 in a manner
such that it is consistent with other lot widths within the subdivision.
2. The right -of -way width of Northern Lights Boulevard is expanded from 60
feet to 80 feet in accordance with City subdivision standards for
commercial/industrial streets.
3. A wetland mitigation plan is submitted and approved by the City Engineer.
4. Consideration is given to identifying full development of the property (future
lot configuration) on the preliminary plat and establishing an outlot (or
outlots) on the final plat to accommodate future development phases.
5. The preliminary plat and grading plan depictions of Outlot A are revised to be
graphically consistent.
6. Soil borings are taken which demonstrate the buildability of the subject
property.
7. The 100 -year flood plain elevation, building pad elevations, and street
elevations are identified.
8. The Park Board provides recommendation regarding park dedication
requirements.
9. The City Engineer provides comment and recommendation regarding:
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a. City maintenance responsibilities associated with 21st
Avenue.
b. Grading and drainage.
c. Easement establishment.
d. Utilities.
e. Flood plain containment.
f. Hydric soil limitations.
Mr. Dunn asked if there remain any open issues between the City and the applicant. Mr.
Brixius indicated that there are no remaining issues.
Mr. Wessel commented that engineering issues are paramount, and should be reviewed in
detail. He added that Mr. Rehbein and Economic Development have worked for the past
two years to make this quadrant commercially developable. This is important to the City
in light of the status of the commercial property opposite the I -35, which has not
developed as anticipated.
Mr. Ahrens explained that Staff is currently conducting a feasibility study regarding
extension of utilities along 21st Avenue to serve the subject property, and that this study
should be available for presentation to the City Council on January 12, 1998. Road
reconstruction is proposed along this roadway from Main Street south to the lot indicated
as an exception on the proposed plat, with extension of utilities along a similar corridor in
line with certain work by the Metropolitan Council in this area. Sewer and water could be
installed from Cedar Street north up to Main, or a trunk sewer may be installed along
Main Street by the Metropolitan Council. Mr. Ahrens added that a joint powers
agreement will be necessary between Centerville and Lino Lakes covering issues such as
construction, responsibilities, future reconstruction, and maintenance.
Chair Schaps asked if excavation and refilling is proposed for the subject property. Mr.
Ahrens predicted a fairly large sand layer being necessary to support the expected traffic
loads. Soil borings are paramount. With respect to grading and drainage, Mr. Ahrens
explained that on a preliminary plat basis drainage provides for Lots 1, 2, 3 and 4 to drain
either north or to the east at one ditch system and toward the pond at the east side of the
preliminary plat.
Mr. Gelbmann asked where the wetlands will be created to replace those being filled.
Mr. Ahrens explained that the wetlands mitigation site is located on the portion of Gerald
Rehbein's property where his business is currently operating, and the proposal exceeds
the 2 -1 ratio for wetland replacement.
Applicant Gerald Rehbein explained that Rice Creek Watershed approached him about
two years ago regarding making the creek on his property into a sediment basin. Mr.
Rehbein agreed, on the condition that the flood corridor could be reduced to 100 feet.
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December 10, 1997
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According to Mr. Rehbein, lowering the flood plain is not difficult, and FIMA indicated
that this could be accomplished on the subject site with minimal effort.
Mr. Robinson asked about the excepted lot. Mr. Rehbein indicated that he does not own
that property. The proposed road reconstruction would go just to this property, which
contains a single family dwelling. He added that future development would take the road
reconstruction all the way to Cedar, and that there are three prospective industrial users
expressing interest in locating south of the creek. He added that such development would
be some time in the future, with MUSA designation being an issue as well as
Comprehensive Plan considerations.
Mr. Johnson requested clarification as to the extent of proposed wetland fill. Mr.
Rehbein explained that all designated wetland would be mitigated in exchange for
improved water quality and establishment of wildlife areas. Mr. Rehbein stated that the
subject property is the best site east of Lino Lakes for commercial and industrial
development, making it beneficial to make use of the wetlands.
Mr. Robinson asked if Mr. Rehbein is being allowed to bank mitigation for future
development. Mr. Rehbein explained that he is working with Centerville, and is in the
process of creating 40 acres of extra wetlands in another community as a bank within the
Rice Creek Watershed District.
James Bushinger, owner of the property containing the single - family dwelling, expressed
opposition to any 24 -hour business proposed for the site adjacent to his home. Chair
Schaps asked for Mr. Bushinger's understanding as to the nature of the proposed
business, to which he replied it would be a truck stop with diesel fuel, which raises a
drainage question. He also indicated that he has 500 feet of frontage along the proposed
road reconstruction location, and is also opposed to paying for such improvement. Chair
Schaps asked if Mr. Bushinger had discussed his concerns with anyone. Mr. Bushinger
indicated that he had communicated with Mr. Rehbein's agent, to no avail. He had not
met with any City representatives until this date. However, he stated that he has obtained
legal counsel.
Mr. Ahrens explained that the area between 21st Avenue and 35E is Charter- exempt.
However, homesteaded property can petition against improvement projects. Therefore,
Mr. Bushinger would have the opportunity to petition against the proposed improvements
and not be assessed.
Russel Strehlo, whose father owns property along 21st Avenue in Centerville, asked
about the extension of sewer through to Cedar Street. Mr. Ahrens explained that the
watermain would certainly be extended to Cedar Street; however, there are remaining
issues regarding sewer service regarding capacity.
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IIIMr. Robinson made a MOTION to close the public hearing at 7:09 p.m., and was
supported by Ms. Dahl. Motion carried 7 -0.
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Ms. Wyland stated that the Park Board reviewed this proposal at its December meeting.
There was no formal action by this body, as park dedication fees would be collected at
the time of commercial construction within the subdivision. She added that a letter of
map revision from FEMA be required for the northwestern corner of the plat, which will
become Condition No. 11 to approval of this request.
Mr. Robinson asked how long the subject property has been zoned General Business.
Mr. Rehbein indicated that it was zoned GB at the time he purchased it approximately 25
years ago.
Chair Schaps encouraged Mr. Rehbein to meet personally with the owner of the adjacent
residential property as soon as possible in order to address concerns.
Mr. Robinson suggested that the residential property owner should have been aware of
the GB zoning at the time he acquired his property. Mr. Bushinger was under the
assumption that the entire area was zoned Residential. Ms. Wyland pointed out that,
according to a 1972 zoning map, the entire site of the proposed project with the exception
of the residential lot was zoned Commercial as of that time.
Mr. Dunn made a MOTION to approve the preliminary plat for Clearwater Creek
Business Park pursuant to the eleven conditions presented above, and was supported by
Mr. Gelbmann. Motion carried 7 -0.
C. Public Hearing, Joan Tschida, C -Store on southeast corner of Main Street
and 21st Avenue, Conditional Use Permit
Chair Schaps declared the public hearing opened at 7:15 p.m.
Mr. Brixius described this project as a request by DJT Properties, LLC for approval of a
conditional use permit which would allow for the establishment of a convenience center
on Lot 1 of the Clearwater Creek Business Center at County Road 14 and 21st Avenue.
The proposed facility would include gas sales, a 4,380 - square -foot fast -food restaurant, a
2,026- square -foot convenience store, and a car wash for location on a 2.5 -acre parcel.
The subject site is properly zoned for the proposed use, and contains the requisite area
and setbacks. Mr. Brixius met with the applicant earlier this date to review features and
recommendations including a 15 -foot setback along the south property line, parking
location and angles, need for traffic signage, number of parking stalls, parking surface,
perimeter curbing, and site access. An issue of significant importance is site access. The
proposal includes two curb cuts from the south and two from the west, which is
considered by Staff to be excessive. A compromise of a single curb cut with a median
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December 10, 1997
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allowing for one lane exiting and two entering has been suggested to allow for potential
traffic volume issues.
Loading areas are oriented toward Northern Lights Boulevard, which is desirable for
security reasons. A hedge planting is recommended to alleviate compatibility concerns
along the southern setback area. The appearance of the trash enclosure will be consistent
with the rest of the structure.
A more formal landscaping plan is required, and green space is compliant. A proper
flood plain map amendment is anticipated in conjunction with the plat; however, until the
amendment is approved, proper elevation is essential.
MPCA approval will be necessary for placement of underground fuel storage tanks.
Although there is no prohibition on such installation at this site, precautions must be
made for proper installation.
Staff recommended approval of the requested conditional use permit, subject to the
following conditions:
1. City approval of the proposed Clearwater Creek Business Center subdivision.
(Approval obtained by unanimous vote in Agenda Item V.B. above)
2. The following parking- related conditions are satisfied:
a. A minimum 15 -foot parking lot/driveway setback is provided
along the subject site's south lot line.
b. One -way vehicular circulation routes be specifically identified (i.e.,
pavement signs).
c. Two additional off - street parking stalls are provided.
d. The parking lot is surfaced in asphalt and provided a concrete
perimeter curb.
3. Additional green area be provided along the southern and western boundaries
of the site (via redistribution of eastern green area).
4. The site's two access points via 21st Avenue are consolidated into a single
point of entry.
5. The site plan is reconfigured such that the loading and trash handling activities
do not conflict with restaurant and car wash drive through routes.
6. Building elevations are submitted and subject to City review and approval
(including canopy and car wash).
7. A landscape plan is submitted which identifies the location, size and variety of
all site plantings.
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8. All trash handling equipment is screened from view of adjacent properties and
public rights -of -way by a fence or wall at least six feet in height with a
minimum opaqueness of 80 percent.
9. The grading and drainage plan is revised to identify the 100 -year flood plain
elevation as well as elevations of adjacent streets and the proposed buildings.
Such plan shall be subject to review and approval by the City Engineer.
10. The site plan is modified to identify exterior lighting locations. All exterior
lighting shall be hooded and directed such that the source of the light is not
visible from any adjacent residential properties or public rights -of -way.
11. All applicable MPCA and flood plain requirements are satisfied regarding
location and installation of bulk storage of fuel.
12. Detailed sign plans are submitted. All site signage shall comply with
applicable provisions of the City's Sign Ordinance.
13. The City Engineer provides comment and recommendation regarding grading
and drainage issues.
Issues which previously suggested a need to reorient the building have been address and
satisfactory explanation given for parking and service activity requirements.
Mr. Herr asked how the 40 -foot easement would be accomplished. Mr. Brixius suggested
that the northern boundary must remain fixed; therefore, adjustment will be on the
southern line.
Mr. Dunn asked if a traffic impact study had been conducted, particularly with respect to
left turn off Main onto 21st Avenue. Mr. Brixius stated that to his knowledge no specific
traffic analysis had been done, although there is concern regarding the area between the
bridge and the site entrance with respect to Highway 14 capacity.
Applicant Joan Tshida informed the Board that she has owned Amoco stations in the area
for approximately 28 years. This project has been an idea for over five years with plans
in development for over a year. Ms. Tshida expressed delight in the opportunity to locate
in Lino Lakes. She described her proposed facility as quite innovative, including a
delicatessen, a bakery, and a sit -down restaurant in addition to a tunnel -style car wash and
drive - through fast food service. The building will be a two -story, glass front building
with a police desk marked clearly as a police substation. Considerable effort has been
made to address all public safety and security issues.
Ms. Tshida explained that curbs had been considered objectionable because of the
proposed sheet drainage into the ditch Mr. Rehbein is constructing. Her request is that
curbs not be installed on the east side of the site, as that area is intended as a "safe gate"
for extra parking if necessary. Ms. Tshida emphasized that the facility will not be a truck
stop; in fact, should large rigs begin to frequent the site, it will be posted prohibiting
trucks from entering the premises.
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December 10, 1997
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Chair Schaps asked if the service station will be an AMOCO. Ms. Tshida indicated that
the provider has not yet been determined.
Mr. Wessel pointed out that Ms. Tshida intends to personally oversee the operation of
this facility. Ms. Tshida explained that she intends to spend the entire day on site.
Mr. Johnson requested clarification regarding the drive - through food service. Ms. Tshida
described the method by which the driveways will be utilized so that the drive - through
and car wash will be clearly separate.
Mr. Johnson commented that the new facility will have competition from nearby service
stations.
Mr. Gelbmann asked about the restaurant. Ms. Tshida explained that Culver's, based in
Wisconsin, will provide restaurant service. She added that Culver's is a closely operated
business, requiring specific training and high standards of operation. The menu includes
well -known specialties, and customers may choose to dine on site or utilize the drive -
through arrangement.
Chair Schaps asked about the projected timetable. Ms. Tshida indicated that the intent is
to be open by May 1, 1998.
Mr. Johnson asked about hours of operation. Ms. Tshida explained that 24 -hour service
is proposed for the convenience store and service station, as well as the seating area of the
restaurant.
Mr. Bushinger again expressed objection to the project, urging the Board to reject the
request.
Mr. Robinson made a MOTION to close the public hearing at 7:46 p.m., and was
supported by Ms. Dahl. Motion carried 7 -0.
Mr. Dunn again raised the issue of possible traffic buildup entering the facility. Mr.
Ahrens indicated that the feasibility study will include a thorough study of this issue.
Mr. Dunn also asked if a joint powers agreement will be executed between Lino Lakes
and Centerville. Mr. Ahrens indicated that a joint powers agreement will be negotiated
for this project.
Mr. Robinson made a MOTION to approve the conditional use permit for Joan Tschida's
proposed C- Store, pursuant to the conditions presented
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• Mr. Brixius requested that Condition No. 6 be changed to read "...such that the hours of
the loading and trash handling activities do not conflict ..."
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Chair Schaps asked if the alternative drainage would be curb /gutter. Mr. Ahrens
explained that a dropped curb was a possibility, but that in any case engineering can
accommodate the drainage issue.
Mr. Robinson expressed concern regarding a variance for this particular site with respect
to curbing, as that would set an undesirable precedent.
Mr. Johnson seconded the motion. Motion carried 7 -0.
D. North Suburban Development, 801 Main Street, Minor Subdivision
Ms. Wyland explained that North Suburban Development is requesting a minor
subdivision that would split an existing homestead and one acre of property from the
balance of the parcel, which consists of approximately 40 acres. The purpose of the
proposed subdivision is to allow for the sale of the existing home, holding the balance of
the land for future development. The subject property is zoned R -1 Residential, and is
located within the MUSA boundary; however, utilities are not available to serve this site.
Section 3, Subd. 3.A.2.b.2 of the City's Zoning Ordinance provides "Habitable single
family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum
of one (1) acre if the balance of the property results in a parcel of ten (10) acres ..."
Ms. Wyland stated that North Suburban Development desires to develop the balance of
the property at a later date. Utilities are proposed to be extended to the Lino Elementary
School in mid 1998, although the project has not been ordered to date. The existing
home is currently on a well and septic system. Access to the property is currently
provided via a 33 -foot driveway easement from Main Street. It is unlikely that this
easement will ever become a full width roadway, as it accesses Main Street too close to
the Lake Drive Intersection.
Should this roadway easement be acceptable to the City, Ms. Wyland indicated that Staff
would recommend that the proposed lot be increased by 296 square feet to provide a
minimum 1 -acre lot exclusive of roadway easements, as provided in the Ordinance.
Additionally, Staff would recommend that park dedication be collected upon future
subdivision of the 40 -acre parcel.
Applicant representative Bruce Kerber explained that although development is not
anticipated at this time, an expressed interest in purchase of the subject home prompted
the request for this subdivision.
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December 10, 1997
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Mr. Robinson pointed out that this procedure has been used in the past, and that the
subject property meets the criteria for such action.
Mr. Herr made a MOTION to approve the North Suburban Development minor
subdivision, and was supported by Mr. Gelbmann. Motion carried 6 -0, with Mr.
Robinson abstaining.
Chair Schaps called for a recess at 7:58 p.m.
The meeting was reconvened at 8:09 p.m.
E. Continuation of Public Hearing, Telecommunication Ordinance
Mr. Brixius presented a revised draft amendment to the Zoning Ordinance, specifically
addressing the following issues raised after review of the amendment draft dated
September 3, 1997:
1. Antenna towers are allowed only in the City's industrial and public /semi-
public zoning districts (via administrative permit). Such location allowances
are anticipated to allow PCS and cellular coverage of the entire City based
upon a two -mile radius. The erection of antennas upon existing buildings and
structures remains allowable in all zoning districts.
2. Within PSP zoning districts tower setbacks must equal the height of the
antenna.
3. Within industrial zoning districts tower setbacks must likewise be equal to the
height of the tower. Exceptions to such setback are, however, allowed upon
demonstration of a collapsible tower design.
4. To further promote co- location, the tower search area requirement has been
increased from one -half to one mile.
Mr. Brixius pointed out that tower heights have thus far been established at 100 feet for at
least 2 antennas, and 120 feet if an additional antenna is accommodated. He suggested
that additional consideration of taller towers may be appropriate based on the concept of
broader range /fewer towers.
Mr. Dunn requested clarification that by adding 15 feet of antenna to an existing structure
the maximum allowable building would not be exceeded. Mr. Brixius explained that the
15 feet is allowable beyond the maximum building height.
Mr. Dunn asked about placement of antennas within all zoning districts. Mr. Brixius
explained that antennas are proposed to be allowable within any district so long as they
blend in with existing structures. He clarified that the construction of towers will be
restricted. With respect to attachment of antennas to existing structures, it is unlikely that
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December 10, 1997
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IIIadding antennas to residential dwellings will become a problem as the average home is
not high enough to provide the necessary height for effective signal coverage.
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Mr. Dunn then asked about adjoining properties, one desirous of a tower and the other
opposed to such a structure. Mr. Brixius explained that within a rural residential district,
a tower would not be permitted. However, an antenna could be attached to an existing
building/structure.
Mr. Johnson asked if Mr. Brixius had a sense for the maximum number of antennas
and/or towers required to service our area. Mr. Brixius said that he does not, as service is
based in large part upon demand. At this point, demand is an unknown.
Mr. Johnson also asked if there is an upper limit to the height of an antenna. Mr. Brixius
explained that 150 foot to 200 foot towers are desirable to the industry. However,
restriction of the tower /antenna height reduces the service area.
Chair Schaps asked about a telecommunications study. Mr. Brixius explained that he has
requested estimates regarding service from Sprint, but has no conclusive data with respect
to proposed service to the Lino Lakes area.
Steve Mangold, Regional Real Estate Manager for U.S. West, addressed the issue of the
number of poles projected for Lino Lakes. At the present time, U.S. West is tracking 160
sites from Forest Lake to Lakeville, and from Hudson to Lake Minnetonka. The
projection for this area is for use of fewer than 50 monopoles. Mr. Mangold stated that
U.S. West is exploring three sites within Lino Lakes. Two of those sites are within
appropriate zoning, while one is not. Mr. Mangold suggested that an area of
approximately one acre be designated a tower district. This site would then accommodate
not only U.S. West, but MnDOT's 911 microwave service as well as at least one other
tenant.
Mr. Dunn asked about shared facilities. Mr. Mangold explained that multiple use
agreements exist between U.S. West and Aerial Communications, Sprint, AT &T, and
Nextel, among others.
Mr. Dunn asked what is being done to make the towers more aesthetically pleasing. Mr.
Mangold explained that their towers are constructed by a company that builds street light
poles, which are, in his opinion, as attractive as possible.
Consultant David VanLancheau explained that the PCS service is based upon a tier
system with different providers operating at different heights. He asked that Lino Lakes
give consideration to a policy of replacement of existing structures with a 50 percent
height increase allowing for location of an antenna without compromising the nature of
the structure. Mr. VanLancheau also mentioned the tower district designation, pointing
out that construction of a tower would allow for several providers as well as
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December 10, 1997
Page 14
accommodating the public safety service. In conclusion, Mr. VanLancheau expressed
confidence that the community would realize fewer antennas than anticipated.
Mr. Johnson requested clarification about replacement. Mr. VanLancheau used the
example of a ball park light pole. As the light pole would not support an antenna added
on, the pole would be replaced by a taller pole which would offer sufficient height. Fifty
percent is a common height addition, but in some cases variances are used to achieve
additional height.
Mr. Herr asked about a base structure to the antenna structures. Mr. VanLancheau agreed
that a base structure is required.
Mr. Johnson asked again about a maximum number of antennas. Mr. VanLancheau
explained that the total number depends upon the amount of service desired by the
community. In order to service every need, there would be more antennas.
Mr. Brixius requested sample language for inclusion in a draft ordinance regarding the
replacement policy. Mr. VanLancheau offered to provide sample language.
Mr. Brixius brought up the concept of rural areas, where a tower might now be
appropriate, might not always be rural; and a tower constructed now might not be
appropriate in the future.
Mr. Herr asked about the City Council's desires. Ms. Wyland indicated that Council does
not support maximum service for Lino Lakes.
Mr. Johnson asked if there would be demand for tower space in the Lino Lakes area. Mr.
Brixius stated that there is interest on the part of U.S. West, and that the City has leased
space on its water tower. Ms. Wyland stated that there are many closely following
development of this item.
Mr. Dunn questioned the need for additional carriers. Mr. VanLancheau explained that
one reason is an overall government effort to reduce and ultimately eliminate the current
communications infrastructure to be replaced by wireless service. Additionally, more and
more consumers are turning to wireless technology. By providing space for more
carriers, competition drives prices to consumers down. Mr. VanLancheau agreed that
rural areas tend to request more limited service.
Mr. Johnson explained that from a planning standpoint it is difficult to identify locations
for and numbers of antennas and /or towers that would be needed in Lino Lakes. He
suggested that the community may have to enact basic legislation and be sensitive to
changes in technology and be quick with needed amendments. Mr. Brixius agreed.
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December 10, 1997
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Chair Schaps asked for Mr. Brixius' reaction to the proposed tower zone. Mr. Brixius
feels that the draft Ordinance addresses that issue through restriction of where antennas
and towers can be located. In any event, as this issue is not of urgent nature, additional
investigation is appropriate.
Mr. Dunn requested an executive summary with the next draft Ordinance for ease in
reviewing concepts suggested by proposed legislation.
Mr. Brixius recommended that this matter be tabled until the January Planning & Zoning
Board meeting.
Mr. Johnson suggested including language in the next draft Ordinance regarding a tower
zone, including specifications where towers could be located.
Mr. Brixius also suggested that responsibility for service should be shared by neighboring
communities.
Mr. Johnson made a MOTION to continue the public hearing regarding the
telecommunications ordinance until the January, 1998 meeting, and was supported by
Ms. Dahl. Motion carried 7 -0.
Mayor Landers was invited to the podium where he expressed his appreciation for the
quality effort of the Planning & Zoning Board over his time in office as Mayor of Lino
Lakes. He stated that competent and thorough work on the part of the Board made his job
much easier.
VI. DISCUSSION ITEMS
A. Diana Turner Proposal
Ms. Wyland introduced Diana Turner, stating that Diana comes before the Board with an
exciting and innovative idea, which meets no ordinance requirements. Therefore, Ms.
Wyland suggested that Ms. Turner come before the Board to explain her idea and elicit
suggestions.
Diana Turner, 7404 Sunset Avenue, approached the Board, distributed a packet of
information to Board members. She explained that she has been developing her idea for
approximately two years. It is her desire to move a barn onto her property, storing the
barn on her property until such time as she can reconstruct the barn as an addition to her
existing barn, and ultimately turning that structure into a Bed - and - Breakfast. Ms. Turner
would then like to subdivide her property, moving her residence to the portion on
Leonard Avenue, and selling the remaining two - thirds of her property to a non - profit
entity which would operate the Bed - and - Breakfast.
Planning & Zoning Board
December 10, 1997
Page 16
Ms. Turner suggested development by Lino Lakes of its own Bed - and - Breakfast
ordinance, based upon her project. She enthusiastically explained numerous benefits to
having such a place in Lino Lakes, expressing hope that the Planning & Zoning Board
will assist in providing flexibility to accomplish this project.
Mr. Johnson asked about the specific layout of the barn structure. Ms. Turner explained
that eight bedrooms would be housed within the upper level (loft) of the large barn, the
lower level containing a kitchen and eating place, and the small barn being used as a
meeting place.
Mr. Robinson pointed out problems such as splitting off a section of property which
would be in violation of City Ordinance. He commended Ms. Turner, and commented
that a Bed - and - Breakfast ordinance could be beneficial to the community. Mr. Robinson
also pointed out that the subject area is not located on a main thoroughfare, and might not
be the attraction anticipated.
Chair Schaps suggested similarity between Ms. Turner's project and the Village concept.
Extreme flexibility would be required, and the necessary conveyance to Ms. Turner
would be problematic.
Mr. Brixius agreed that Ms. Turner's project does not fall under any category currently
governing land use within Lino Lakes. His only suggestion was use of a PDO. Mr.
Brixius agreed that consideration would have to be given to overall future planning for
the district.
Chair Schaps asked that Mr.Brixius meet with Ms. Turner, give further thought to the
project and investigate possibilities, and return to the Planning & Zoning Board in
January with information for further discussion.
Mr. Robinson asked about permits required to move and store the larger barn. Ms.
Turner had not yet been able to obtain this information.
Mr. Herr asked why Ms. Turner wishes to operate the Bed - and - Breakfast as non - profit.
Ms. Turner explained that this aspect of her project is based upon financial
considerations, as well as to maintain the specific land use for perpetuity.
Mr. Dunn stated that Ms. Turner's idea is a good example of innovative leadership, and
challenged the Board to find ways to help implement the project.
B. Accessory Building Ordinance
Ms. Wyland explained that a question has arisen regarding this Ordinance. Specifically,
the question is with regard to a request to construct three 1,500- square -foot accessory
buildings. The existing Ordinance states that, within a 5,000- square -foot limitation, there
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December 10, 1997
Page 17
• can be one attached garage and two accessory buildings on a site between 10 and 20
acres.
The party raising the question has two existing accessory buildings and wishes to
construct a third, which will bring him to a total of 5,000 square feet of accessory
buildings. Ms. Wyland stated that a text amendment would have to take place, as there is
not hardship warranting a variance.
Chair Schaps asked how the City arrived at the current limit of two accessory buildings
on 10 to 20 acres. Ms. Wyland indicated that this was an arbitrary number.
Mr. Gelbmann asked if more accessory buildings could impair future land development.
Chair Schaps acknowledged that there was no objection to creating a text amendment
allowing for three accessory buildings on 10 to 20 acres of land.
VII. ADJOURNMENT
Mr. Robinson made a MOTION to adjourn the meeting at 10:25 p.m., and was supported
by Mr. Johnson. Motion carried 7 -0.
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