HomeMy WebLinkAbout12/11/1996 P&Z Minutes•
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Planning & Zoning Board
December 11, 1996
Page 1
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
STAFF PRESENT
: December 11, 1996
: 6:30 p.m.
: 9:55 p.m.
: Dahl, Dunn, Gelbmann, Herr, Johnson,
Robinson, Schaps
: Planning Coordinator Wyland, City Engineer
Ahrens Economic Development Director Wessel
Planning Consultant Alan Brixius
I. CALL TO ORDER AND ROLL CALL:
Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at
6:30 p.m., December 11, 1996.
II. APPROVAL OF MINUTES - NOVEMBER 13, 1996
Mr. Robinson made a MOTION to approve the minutes of the November 13,
1996 Lino Lakes Planning & Zoning Board meeting, as submitted. He was
supported by Dunn. Motion carried 6 -0. Herr abstained, as he did not attend the
November meeting.
III. APPROVAL OF AGENDA
There were no changes.
IV. OPEN MIKE
Chair Schaps declared the Open Mike portion of the meeting at 6:31 p.m.
Mr. Johnson made a MOTION to close the Open Mike portion of the meeting at
6:32 p.m. and was supported by Robinson. Motion carried unanimously, 7 -0.
V. ACTION ITEMS
A. 96 -30 PDO, PUBLIC HEARING - CONTINUATION, Twin Cities Townhomes,
Apollo Drive
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Planning & Zoning Board
December 11, 1996
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Mr. Brixius, City Planning Consultant, stated that the site plan presented is
endorsed by staff for this project. The 5 -acre site is located on Apollo Drive and
is zoned R -3 Medium Density Residential with a density maximum of up to 8
units per acre. The boundaries of the property are Apollo Drive, I -35W, a
ponding area to the east and LEA Court to the west. To accommodate this
development, the applicant has asked for a PDO to allow flexibility in the
following areas:
- Structure setbacks from the internal public street (30 feet required)
- Setbacks for parking and driveway areas
- 30 -foot wide paved surface of the roadway (32 feet required)
- 50 -foot wide right -of -way (60 feet required)
- 40 -foot paved surface cul -de -sac radius (46 feet required)
- 50 -foot right -of -way cul -de -sac radius (60 feet required)
Mr. Brixius stated that the applicant has reduced the density by one unit to
provide additional active open space. The total unit count is 32. The street was
shifted to the northeast by 10 feet to increase the setback of one building and
increase street parking. Also, on the west end of the cul -de -sac it is suggested
that the units be shifted to the south to provide a 15 -foot setback from the
parking area instead of the proposed 10 feet. Another staff recommendation is
to shift one unit east that now sits on the inside of the curve of the cul -de -sac to
maintain a 20 -foot setback off the right -of -way.
Mr. Brixius further stated that this site is difficult to develop, and the proposed
use is appropriate. The applicant has complied with the 20 -foot separation
between buildings and the open space requirement. The applicant is in the
process of obtaining the required Mn /DOT approval, and will meet with City staff
to address crime prevention measures. The park dedication requirement will be
cash as determined by the Park Dedication Ordinance.
Mr. Brixius stated that staff is recommending approval of the site plan as revised
with the modifications outlined in the staff report:
1. The site plan is revised per Exhibit E, which includes an elimination
of one unit, reconfiguration of the units, a shifting to the internal
roadway to the northeast approximately 10 feet.
2. The shifting of the two buildings on the west side of the internal
street to the south 15 feet, shall result in the following drive aisle
and off - street parking stall setbacks:
a. The drive aisle and off - street parking stall shall be at least
15 feet back from the Apollo Drive right -of -way.
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Planning & Zoning Board
December 11, 1996
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b. The drive aisle shall be set at least 15 feet back from the I-
35W right -of -way.
c. The off - street parking stalls shall be set at least 10 feet back
from the I -35W right -of -way.
3. The off - street parking lot located at the end of the cul -de -sac shall
maintain a setback of at least 5 feet back from the road right -of-
way.
4. Because the applicant has not submitted specific building plans for
this site, prior to issuance of any building permit, the developer
must meet with City staff to discuss details of the building plans
and site grading, and settle any outstanding issues as necessary.
5. It is recommended that more shade tolerant shrubs are added to
the plant list in order to provide some variation of the units.
Additionally, landscaping shall be required between the units
located west of the internal street, to provide some privacy between
adjacent patios (Exhibit H).
6. The applicant, City Forester and the Community Service Officer
shall meet to discuss the landscaping plan and ensure that the
plans meet the CPTED (Crime Prevention through Environmental
Design) standards.
7 Approval must be obtained from Mn /DOT for the planting of trees
within the I -35W right -of -way.
8. The drainage and utility plan shall be subject to review and
approval by the City Engineer.
9. The applicant shall be required to pay a park dedication fee in lieu
of land based upon the density of the development. Said
dedication amount shall be in conformance with Section 1001.14 of
the City Subdivision Ordinance, depending upon the density of the
development.
10. Snow storage areas may not take up any required parking spaces
or block views of motorists entering onto public streets.
11. The applicant must enter into a PDO development agreement with
the City.
Planning & Zoning Board
December 11, 1996
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• Mr. Johnson asked if there will be a homeowners association to maintain the
grounds.
Mr. Patrick Simon, Twin City Townhomes, stated that the company only builds
owner - occupied townhouses which means there will be a homeowners
association. He further noted that a trail or sidewalk is not planned along Apollo
Drive. There is a trail corridor but no trail along Apollo Meadows. There may be
an opportunity for a trail along Apollo Drive, but it is more likely to be on the north
side.
Mr. Herr asked if the reduced radius of the cul -de -sac works for traffic and
emergency vehicles.
City Engineer Ahrens responded that the Public Works Department and the Fire
Chief are comfortable with the proposal.
Mr. Herr asked if there are park facilities for children in the area.
Mr. Brixius stated that there is not a park in the immediate area, which is why the
active open space was required and meets the PDO requirements. He further
noted that no park was developed with Apollo Meadows.
Ms. Wyland added that the Leonard - Bradley neighborhood park serves this area
and is located approximately three or four blocks north off Sunset. The park has
playground equipment.
Mr. Dunn asked if the developer concurs with the staff recommendations.
Mr. Forest Harstad, Twin City Townhomes, responded that there is only one
open issue, which is condition No. 11 for a deed covenant to be established
indicating that the City is not liable for damage caused to vehicles parked in
driveways by snow plows. This is an issue that should be handled in a court of
law, and he would not be able to grant such a covenant. He agrees with all of
the other recommendations.
Mr. Brixius stated that condition No. 11 was included when the setbacks were
proposed at 10 feet from the right -of -way and 20 feet from the street surface.
With the adjustments that have been made, condition No. 11 is no longer
necessary. There will be 10 feet of street right -of -way for snow storage.
Chair Schaps asked if there is a building plan for the Board to see what the units
look like.
Mr. Harstad showed a model display of the outside appearance and inside floor
plan. Outside units will have three bedrooms, and inside units will have two
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Planning & Zoning Board
December 11, 1996
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bedrooms with a loft area. He noted that the units have been well received in
other communities. It was originally anticipated that they would be sold to young
families and an occasional empty nester. However in every development he has
built, very few young families buy them and there are no empty nesters. The
units are overwhelmingly purchased by single people who have no children.
Approximately 5 percent of occupants will have one child.
Chair Schaps asked the anticipated selling price.
Mr. Harstad answered that the price will be in the $90,000 range. He noted that
the homeowners association will contract for snow removal that will include hand
shoveling. The biggest bone of contention about this project is that the cul -de-
sac will be a City street instead of a private one. Even though the City snow
plows will come through, he anticipates that the homeowners association
contract service will end up plowing the street, either because they arrive first or
because they have to clean the mounds left at the ends of driveways after the
City crew has come through.
Mr. Ahrens responded that City ordinances prohibit private roads in the City of
Lino Lakes.
Mr. Robinson asked the direction of the surface water drainage flow.
Mr. Harstad answered that surface water will flow to public right -of -ways when
possible to enter the City storm sewer. There is a large pond on the east end.
Mr. Ahrens added that the water from the pond at the east edge flows eastward
to the next parcel. He noted that ponding will be subject to his review, and a
permit will be required from Rice Creek Watershed District.
Mr. Robinson stated that his concern is that with the industrial development
already in the area, added development brings more and more blacktop with
surface water flowing into County Ditch No. 22, which he does not believe has
been cleaned for 50 years. He is not so concerned with this project, but with
future projects the City should require developers to put money into a pool to
upgrade the ditch. Rice Creek Watershed District does not have the money
available for this work.
Mr. Harstad noted that the City's zoning ordinance requires a minimum of 35
percent of the site to be green grass or open space. This project will have 42
percent.
Mr. Ahrens stated that each project provides funds to the Surface Water
Management Plan Fund. Also, the City is doing a study of County Ditch No. 22
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to identify issues that need to be addressed. Rice Creek Watershed District is
exploring changing control requirements from the rate of flow to volume.
Chair Schaps declared the public hearing open at 7:02 p.m.
Mr. Patrick Simon stated that with 42 percent of green space, the project will be
attractive. Twin City Townhomes is an award winning builder, and he believes
the City will be proud of this development. He thanked staff and the Board for
their cooperation and support, especially with the modification for the county
road access agreement.
Mr. Robinson made a MOTION to approve the preliminary plat and planned
development, subject to the conditions and recommendations outlined within the
staff report, with the exception of condition No. 11. He was supported by Herr.
Motion carried unanimously, 7 -0.
B. 96 -35 CUP, Hokanson Development, Marshan Condo's, PUBLIC HEARING,
Aqua Lane and Lake Drive
Mr. Brixius stated that in June 1995, the City formally approved the Marshan
Lake Condominiums located at Highway 49 and Aqua Lane. The initial phase
was approved as a condominium project under state shoreland regulations. Part
of that approval included additional buildings identified as a second phase. The
total number of units that could be accommodated under the new shoreland
regulations would be 136. The plan shows 139 units, but five will not be built.
The total of 134 units complies with the density standards for the shoreland
regulations and is consistent with the previously approved concept plan. Under
shoreland regulations, a multiple family development is considered through a
PDO. The total size of the site is 30.5 acres with 4.4 acres of street easements
and 3 acres of dedicated park land. There is a 5 -acre portion proposed for
commercial development, but there has been no commercial application up to
this time. The maximum density is 15 units per acre, and this development is 7
units per acre. The building elevation and requirements and parking are the
same as in the first phase.
Mr. Brixius explained that the City PDO ordinance requires that 50 percent of the
project area be open space. With the application of this performance standard,
the 35 percent impervious surface standard for condominium development does
not apply. This interpretation has been verified by the DNR. He does not
believe this additional development will be harmful to water quality and will be in
accordance with the criteria of the Lino Lakes Water Management Plan. Staff is
recommending approval with the following conditions:
• 1. Phase II structures are found to comply with applicable R -4 District
height requirements.
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2. The City approve a variance to allow guest parking within five feet
of the project's internal streets.
3. The previously approved landscape plan is revised to address
landscaping treatments to be applied to the area of the site where
the five -unit structure was previously proposed.
4. Parallel parking is prohibited along the proposed 28 -foot wide
driveways.
5. A determination is made that applicable handicap parking
requirements have been satisfied over the entire site.
6. The City Engineer provide comment and recommendation in regard
to snow storage.
7 The City Engineer provide comment and recommendation in regard
to grading, drainage and utility issues. Such comments should
address grading, drainage issues associated with the western area
of the site where the five -unit structure had previously been
proposed.
8. Any restrictive covenants which vary from those applied to Phase I
of the project are subject to City review and approval.
9. Comments of other City staff.
Chair Schaps asked if there are plans for the western portion of the site
Mr. Brixius responded that unless additional land is added to the parcel, two
more units could be developed and still meet maximum density requirements. It
is not likely that there will be commercial development north of Aqua Lane which
will probably remain zoned R -4. In that case, he could envision a continuation of
the existing development.
Mr. Wessel stated that it is important to stress that the City has made no
commitments for a future commercial site. At the present time it is zoned R -4
and will remain so.
Mr. Dunn asked why the two buildings now being proposed were not included
with the first phase.
• Mr. Brixius stated that the shoreland regulations adopted by the City in 1980 did
not make provisions for impervious surface or storm water management. The
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City was required to revisit its shoreland regulations for them to comply with state
requirements. In this process the DNR agreed to allow community zoning
flexibility separate from state regulations. The first phase complied with state
standards in density. The second phase complies with the rules the City
adopted and which were approved by the DNR. Streets and utilities are
available to these additional units.
Ms. Dahl asked if the developer has pictures or a model of the project.
Mr. Hokanson stated that the new units will be the same as those built in the first
phase and will be in the same price range of $85,000 to $100,000.
Mr. Johnson made a MOTION to close the public hearing at 7:17 p.m. and was
supported by Robinson. The motion carried unanimously.
Chair Schaps noted that the motion will include adoption of the same evaluation
criteria that was adopted in July 1995 for the first phase.
Mr. Robinson made a MOTION to approve the requested planned development
overlay (PDO), subject to the conditions and recommendations listed in the staff
report. He was supported by Johnson. Motion carried unanimously, 7 -0.
C. 96 -36 CUP, Otter Lake Animal Clinic, Wayne Scanlan, PUBLIC
HEARING, 6848 Otter Lake Road
Chair Schaps declared the public hearing open at 7:18 p.m. for the Otter Lake
Animal Clinic.
Ms. Wyland stated that Dr. Scanlan presented a project to construct an animal
clinic and boarding facility that was approved in July 1986. The building was
constructed as a pole barn with cedar wood treatment in front. He is requesting
to expand the facility by 50 percent which is allowed in the existing ordinance
under a Conditional Use Permit (CUP). The additional space will be used for
boarding and will change the capacity of the facility from 42 spaces to 100
spaces. Outdoor kennels will also be expanded. Dr. Scanlan provides animal
control service for the cities of Circle Pines, Lexington and Lino Lakes, which is
the reason for this expansion. The property consists of 1.4 acres zoned light
industrial. Veterinary clinics are a permitted use with a CUP. The roadway and
entrance will be realigned, and staff is recommending that parking be reviewed
by the City Engineer once the realignment is completed. Staff is recommending
approval of the site plan and CUP, subject to the following conditions:
1. Proper building permits be received prior to any construction.
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2. No additional pole barn type construction shall be allowed on this site.
Future expansion must be conventional wood /frame type construction with
exterior treatment in compliance with the Zoning Ordinance.
3. Boarding for up to 100 animals shall be allowed on the site.
4. The City Forester shall review and approve the landscape plan. A revised
plan shall be required upon determination of the exact driveway located
from the realigned Otter Lake Road.
5. The Community Service Officer shall review final building plans prior to
issuance of any building permits for CPTED Compliance.
6. Drainage and utility plans shall be reviewed and approved by the City
Engineer.
7 Access drives and parking areas shall be reviewed and approved by the
City Engineer. Handicapped parking shall comply with ADA requirements
and the need for additional parking shall be analyzed upon completion of
the realigned entrance drive.
Mr. Wessel noted that Dr. Scanlan has been very cooperative with the City with
regard to the road realignment which will clearly impact his property. He has an
immediate need for the increased capacity, and he strongly recommended
approval.
Chair Schaps asked if there will be enough room for parking with the road
realignment and pond.
Mr. Ahrens stated that there are currently 17 parking spaces, and there will be
enough room to accommodate parking needs. Parking may be shifted to the
east, or the pond may be partially filled and moved to another location. There is
also space on the west for parking.
Mr. Johnson asked if the Board will review the revised site plan, as described in
condition No. 4.
Ms. Wyland stated that a realigned roadway is typically reviewed at the staff
level.
Mr. Wessel noted that the Board will review this project again when the third
addition is considered. Dr. Scanlan has expressed his interest in quality
development through each expansion phase. He sold land to the north which
will be developed by a group considering a dog training facility, which could be
Planning & Zoning Board
December 11, 1996
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complimentary to Dr. Scanlan's business. Staff is comfortable with this project
and has had a good relationship with Dr. Scanlan.
Mr. Dunn asked if Dr. Scanlan is fully aware of the impact to his property with the
road realignment.
Dr. Wayne Scanlan stated that he built the clinic in 1987. He has spent a lot of
time with staff and believes the realignment with added traffic will be good for his
business.
Mr. Dunn moved to close the public hearing at 7:32 p.m. and was supported by
Dahl. Motion carried unanimously, 7 -0.
Mr. Robinson made a MOTION to approve the Conditional Use Permit and Site
Plan Review with the conditions outlined above. Motion carried unanimously, 7-
0.
D. 96 -38 Minor Subdivision, Century Farms Development, Lilac Street
Mr. Brixius stated that the proposal is for the subdivision of five single family
parcels on Lilac Street in close proximity to Laurie Avenue. The area is currently
zoned Rural and is unsewered. The lots range in size from 1.8 to 2.5 acres. The
subdivision of the five privately owned parcels would create a front parcel and
rear parcel on each property. City ordinance requires a minimum 10 -acre lot for
unsewered properties to be subdivided. The current size of the parcels is non-
conforming and to further subdivide them would increase the non - conformity.
Mr. Brixius explained that another issue is obtaining approval to include these
lots in the Municipal Utility Service Area (MUSA) in order to extend the City
sewer system. These properties are not within MUSA boundaries at this time.
The City has approximately 150 acres in reserve for MUSA, but the MUSA
reserve may not be utilized north of the Chain of Lakes because of traffic issues
at the interchange of I -35W and Highway 49. Without resolution of these traffic
issues, it is unlikely that the Metropolitan Council would approve expansion of
the MUSA boundaries. The only way these properties could be incorporated into
the MUSA boundaries would be through a MUSA land trade from other
undeveloped land north of the Chain of Lakes. These circumstances preclude a
definite schedule for utility service to the area. If an extension of the City's utility
service would be possible, it would be the responsibility of the developer, not the
City.
Mr. Brixius stated that another concern is approving a subdivision without
rezoning. The question is whether, if approved, the City is giving tacit approval
to future rezoning. A rezoning application has not been received to allow a
public hearing. The Comprehensive Plan suggests this area should remain low
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density, and the application is consistent with that planned use as well as
surrounding development in the area. However, with the questions on zoning,
MUSA boundary and increased non - conforming use, this subdivision may be
premature. On the other hand, the cooperation and willingness of the property
owners to sell at this time is an opportunity to set the direction of development in
motion for the area. This development is a logical extension of what was
approved in 1994, but it is a matter of timing and what would happen if there is a
septic system failure before sewer service is provided by the City. If the City
chooses to accommodate the property owners for the minor subdivision and
variance, he would recommend approval, subject to the following conditions:
1. The applicant submit an application for rezoning of the property from R,
Rural District to R -1, Single Family Residential. Approval of the minor
subdivision and variance should be done in conjunction with the rezoning.
2. No building permits shall be issued for newly created Lots A, C, E, G
and /or I, as illustrated by Exhibit D (see staff report), until said lots are
subdivided and platted in a manner consistent with the R -1 Zoning District
and the sites are served by public sanitary sewer and water.
3. Newly created Lots B, D, F, H and /or J, as illustrated by Exhibit D, shall be
required to connect to municipal sewer service at such time as service
lines are extended to serve this area of the City, and the existing septic
systems of said Lots B, D, F, H, and /or J demonstrate failure.
4. The existing accessory structure on Lot C be demolished or moved to a
location on Lot D, in conformance with all applicable setback
requirements.
Mr. Brixius stated that if this application is accepted, it would be his
recommendation to adopt conditions that would not allow any development to
occur until the utility capacity on Lilac Street is adequate and City review of the
preliminary plat.
Mr. Wessel stated that the application in its present form is a dilemma because
of the concerns attached to selling this property. Approval would be before the
revised Comprehensive Plan is approved, which will not happen for another year
and a half. It is also awkward with the MUSA boundaries unresolved.
Chair Schaps asked if there is any known opposition to this proposal.
Mr. Brixius responded that he has not heard any opposition, but an application
for a minor subdivision is not a public hearing process.
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December 11, 1996
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Mr. Gelbmann asked the total amount of acreage that the developer, Mr. Uhde,
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Mr. Brixius answered that the largest lot is 2.5 acres.
City Engineer Ahrens stated that the total acreage of the lots being considered is
6.7 acres.
Mr. Gelbmann noted recent septic failure systems in other parts of the City and
asked if these properties are likely to experience the same circumstance.
Considering the Metropolitan Council's position to restrict MUSA boundaries, this
would be a difficult set of circumstances should there be a septic system failure.
Mr. Wessel stated that the Metropolitan Council is on record as being supportive
to extension of utility systems in emergency situations.
Mr. Johnson noted that a Comprehensive Plan decision would need to be made
to shift this property from Rural Low Density to R -1 Low Density, which would be
consistent with the 1994 decision that changed the zoning of the Behm Century
Farm from Rural to R -1. He further noted that a subdivision in the southern part
of the City was rejected because of inadequate roads and access. He asked if
that is an issue with this expansion.
Mr. Ahrens stated that the access road is County Road 153, which is a two -lane,
rural roadway with 12 -foot lanes. It is a standard design width, and he does not
believe the road presents a problem.
Ms. Dahl asked the time frame for extending utilities to these properties and
further why this application is being submitted at this time, if there is no definite
time frame for utility service.
Mr. Brixius stated that the most certain date for MUSA boundaries to include this
property would be the completion of the Comprehensive Plan. It will be 18
months to two years for everything to be completed and approved by the
Metropolitan Council. The Metropolitan Council has also indicated that they do
not want to see expanded MUSA boundaries north of I -35W until the City has a
plan in place to address traffic concerns. The reason the application has come
forward is because the five property owners have agreed to sell their land to the
developer.
Mr. Herr asked if the potential sewer line location would be affected by this
proposal.
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Mr. Brixius stated that the utility corridor is Lilac Street to Laurie Avenue, then
north along the front of the properties. However, it is not cost effective to extend
the sewer for five Tots. The cost of the sewer extension would be the
responsibility of the developer or homeowner. He would recommend that the
properties be required to hook up to City utilities when the extension is
completed, so that there will be no replacement of on -site systems.
Mr. Dunn expressed his empathy for the homeowners, but he believes there
should be conformance with the rules of the City, which is that unsewered lots
have to be a minimum of 10 acres. It is possible that the area will be rezoned,
but that is an unknown. He is hesitant to subdivide lots in an unsewered area.
When the lots are deeded to new owners, those land owners will have no legal
rights to do anything on the property. In studies he has read, approximately 70
percent of the septic systems are not being used properly, and they push
bacteria and disease to the ground surface. New land owners will be strapped,
and the City will be strapped which is a difficult position to be in. He would like to
see the MUSA issue resolved. Then if there is a need to hook up because of
septic system failure, it can be done quickly. His preference would be to
continue this public hearing to give the developer the opportunity to resolve more
of the issues because he cannot approve the application in the current format.
Chair Schaps noted that with the initial approval for development in 1994, there
was resistance on the part of neighbors to this project. He asked if there is
further resistance to this project.
Mr. Gary Uhde, stated that he has held neighborhood meetings to involve
residents, and now he has their support for this project. Timing is critical, as it is
almost impossible to get five property owners to agree at one time. He believes
there will be an opportunity for a land exchange regarding MUSA. He noted that
although the utility extension will serve five homeowners, the trunk system will
also be extended south and serve hundreds of homeowners who may have
failing systems.
Mr. Wessel stated that staff is not recommending this plan at this time. The
developer has pursued this plan on his own, and staff is responding to the
application.
Mr. John Johnson, Project Engineer, stated that the application has been
submitted to try to help property owners effect their desire to subdivide their
property. The MUSA issue can be addressed in one of two ways: 1) evaluate
other properties for a land swap; 2) include this property in the Comprehensive
Plan amendments. The MUSA resolution is contingent upon the traffic impact to
the I -35W interchange at Highway 49 for Metropolitan Council approval. There is
work being done to analyze the impact to the interchange that will be presented
to the Metropolitan Council to request an interim amendment. He stated that
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December 11, 1996
Page 14
they have received a favorable verbal response if there is no impact. The reason
a rezoning application was not presented is because the Comprehensive Plan
amendments must occur concurrently. If the MUSA changes are approved, the
developer will request the City to proceed with the feasibility study sometime
next year for the next leg of the utility system to Laurie Avenue or further north.
It could be under construction by late fall of 1997. He believes the concerns of
the City are addressed so as not to cause problems for the property owners.
This project would allow these parcels to be integrated with the overall
development plan that was started in 1994, and was the original goal of the
developer at that time. He requested that the Board respond favorably to the
application.
Mr. Herr noted that if the septic system fails on the western most property, the
property owner will have to extend the sewer line 1,000 feet, which is not a minor
cost.
Mr. Johnson responded that it is a reasonable cost compared to the cost of an
interim sewage system on -site which is approximately $8,000 to $10,000 per lot.
Mr. Ahrens stated that initially a pumping system could be used on a failing
system for approximately a year until the utility line is extended properly with a
trunk line.
Chair Schaps asked if there is any indication of failed systems at this time on any
of the other lots.
Mr. Ahrens stated that he has no knowledge of any.
Mr. Johnson stated that there will be an enlarged pond to address the increased
storm drainage from these properties, which addresses the concern about
County Ditch No. 22. The discharge into the ditch will be regulated by a permit
from the Rice Creek Watershed District.
Mr. Gelbmann asked if five subdivided lots would cut off any existing draining
fields.
Mr. Johnson answered, no. Each lot would have its own individual package of
well and septic system contained within the lot.
Chair Schaps asked if it is anticipated that there will be more parcels requesting
consideration for subdivision similar to this application.
Mr. Johnson responded that there are properties to the east, but the property
owners are not interested in selling at this time. He would expect that the
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December 11, 1996
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property owners west of Laurie Avenue may wish to pursue this type of action
when the trunk sewer and road improvements are done.
Mr. Dunn stated that he would like to see this process put into a formal "Letter of
Intent," that outlines a specific plan and what the developer is committing to do.
It would be vital to the City to have such a document to make this project move
forward in an expeditious manner. While he understands the concept, he would
like to see that everyone's rights are protected. He would like to avoid
downstream differences of opinion between the City and developer about who is
responsible for what, where and how. He would like to see the project delayed
30 days to see if more issues can be resolved. He does not feel any urgency at
this point.
Mr. Brixius stated that staff has the same concerns as expressed by the Board.
The questions to consider are whether this is the type of development that is
appropriate for the area and whether property owners can be accommodated in
a timely fashion for what they wish to accomplish.
Chair Schaps asked if any of the proposed sales has to be done immediately
before it falls apart, or whether staff could have time to further review the
proposal.
Mr. Uhde stated that two of the sales are urgent, and if any one of the sales were
to fall through, the entire project would fall through for all five property owners.
Timeliness is crucial.
Mr. Robinson noted that the Board's action will set a precedent for the future. In
essence, approval would mean rezoning the property without a public hearing.
The parcels are less than 10 acres which is a problem. There are properties to
the west where he foresees the same questions coming up.
Mr. Johnson stated that it is clear that this area will be developed as residential,
and extending the sewer will be in the public interest. His concern is about water
quality in the larger neighborhood with so many septic systems and back yard
wells. He would like to see the proper procedure followed and have a formal
rezoning application to R -1. He would be willing to consider a rezoning
application with the subdivision proposal in 30 days to allow staff time to further
review conditions of approval. He asked if rezoning will resolve the concerns
until the properties are connected to the City sewer.
Mr. Brixius responded that when the City considers rezoning, the issue will be
MUSA availability. Rezoning will make the lot size issues consistent.
• Chair Schaps directed staff to publish a notice of public hearing to rezone this
property to R -1 for the January 11, 1997 Planning & Zoning Board meeting. He
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Planning & Zoning Board
December 11, 1996
Page 16
requested staff to work out an interim system failure procedure, the cost of a land
trade for MUSA application, a traffic study of Laurie Avenue, Lilac Street and
Lake Drive with an analysis of the impact to the interchange. As the project is
development driven, the costs are to be borne by Mr. Uhde.
Mr. Johnson made a MOTION to continue review of application No. 96 -37,
Century Farms Development, Minor Subdivision for 30 days to the next regularly
scheduled meeting of the Planning & Zoning Board. He was supported by
Robinson. The motion passed unanimously, 7 -0.
Chair Schaps called a break at 8:41 p.m. and reconvened the meeting at 8:51
p.m.
E. 96 -39, Nextel Communication, 7470 4th Avenue, City Water Tower
Ms. Wyland stated that Nextel Communication has submitted an application
requesting a 12' x 20' communication building to install three 15 -foot whip
antennas on the City water tower at 7470 4th Avenue. The three whip antennas
will be replaced by panel antennas that are 9' x 8' that will also be mounted on
top of the water tower. Nextel was granted an FCC license to operate a low
power wireless communication service in the Twin Cities. The applicant's letter
notes that no interference with radio or TV reception is anticipated, and there are
no known health hazards. Lease arrangements are being reviewed by the City
Engineer and Nextel's attorney. It is anticipated that the lease agreement will be
presented to the City Council at the January 13, 1996 Council meeting. If the
project is approved, it will be contingent upon lease agreement approval by the
City Council. Staff is recommending approval of the site plan with the conditions
listed in the staff report.
Mr. Robinson asked the monetary return to the City in the lease agreement.
Mr. Ahrens answered that the lease agreement will be in the range of $10,000 to
$12,000 per year.
Ms. Wyland noted that the City anticipates receiving similar requests from other
communications companies.
Mr. Gelbmann asked if consideration has been given to locating the antennas on
the side of the water tower, rather than on top.
Mr. Nelson, Nextel, stated that to keep in contact with other sites, a 360- degree
angle is needed. At this time it is not possible to be any lower than the top of the
tower and still communicate with the other cell sites.
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Planning & Zoning Board
December 11, 1996
Page 17
Mr. Dunn expressed concern about aesthetics and how the panel antennas will
look. He asked if the application is for the whip antennas that will be replaced by
panel antennas.
Mr. Ahrens stated that the application is for an accessory cellular building on City
property, not necessarily the installation of antennas.
Ms. Dahl asked if there is a possibility that the number of antennas would
increase or the communication site strengthened for more channels.
Mr. Nelson stated that the application is for three whip antennas to be replaced
by three panel antennas. It is unlikely that the number of panel antennas would
be increased. He noted that there will be other communications companies
interested in water tower space. They may be engineered differently and can be
located on the pedestal.
Mr. Ahrens stated that the City's concern is public safety, and the manufacturer
of the water tower will be contacted to make sure putting a structure on top will
not be a hazard.
Ms. Dahl asked if there is any cost to the City for the top of the water tower to
accommodate the antennas.
Mr. Ahrens answered, no and explained that there are supports on a railing to
accommodate the antennas.
Mr. Gelbmann asked if there are other alternatives in this area to place the
antennas.
Mr. Nelson stated that Nextel is not negotiating another site at this time.
Mr. Gelbmann noted the amount of time that has been spent to carefully develop
a quality appearance for the whole industrial park development. He expressed
concern that the panels will have a major impact on the appearance that the City
has been working so hard to achieve. He questioned whether the panels are
worth the substantial fee.
Mr. Ahrens stated that the City Council had the same concern but noted that the
zoning ordinance does allow construction of a separate structure in that district.
Mr. Johnson asked how the City would accommodate another communication
company's application for a building.
Mr. Ahrens stated that other companies do not necessarily need a building. He
has seen requests for 5 -foot high cabinets that are well screened.
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Planning & Zoning Board
December 11, 1996
Page 18
Chair Schaps asked how visible the panels will be.
Mr. Nelson responded that unless one looks for them, it is easy to drive by and
never notice them. There is nothing to draw the eye to notice them. They will be
painted the same color as the water tower.
Mr. Gelbmann stated that it would be less intrusive if there were a continuous
screen around the central top of the tower with the antenna located within, rather
than a ragged profile.
Mr. Nelson stated that the antennas will be placed uniformly and symmetrically.
There are three groups of three units. A bigger concern is the structural integrity
of the rail system and the tower itself. Antennas can be screened, but it is not
practical for optimal functioning.
Mr. Charles Johnson, Nextel, added that screening has to be done with non -
reflective material, which would be fiberglass or canvass. To put it high enough
and hold it in place is a lot of structure work and is not practical.
Mr. Dunn asked what happens to the next applicant and whether the first
applicant for the water tower space established a domain for that lease holder on
the tower.
Mr. Ahrens stated that space is rented on a first - come - first -serve basis.
Mr. Nelson stated that the Nextel operates on a different frequency and can be
within a foot of another antenna and still function well.
Mr. Dunn asked if the design of the building is compatible with the zoning district.
Mr. Wessel stated that staff has reviewed the building plan and is comfortable
with what is proposed. He expressed appreciation for Mr. Gelbmann's concern
about the industrial park image. What is being presented is a new technology,
and the City needs to be diligent in how it is pursued in order to maintain
standards that have been established.
Mr. Herr asked if other locations are being considered to build a free standing
structure.
Mr. Charles Johnson stated that there is one on Highway 96, one -half mile west
of 1 -35E. He stated that they operate on a lower cellular frequency than the PCS
market and can cover a 10 -mile radius as compared to a 3 -mile radius with PCS
antennas.
Mr. Dunn asked if the shelter will be prefabricated.
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Planning & Zoning Board
December 11, 1996
Page 19
Mr. Charles Johnson stated that the building will be of masonry with a smooth
aggregate finish and painted. It will be approximately 12' x 22'.
Mr. Johnson made a MOTION to approve the site plan with the conditions listed
in the staff report and was supported by Robinson:
1. Proper building permits be obtained prior to any construction.
2. The structure and antenna /panels shall be painted to blend in with
the existing tower.
3. The applicant shall secure any FAA permits /clearance for the
antenna prior to construction.
4. The City Forester shall review and approve the landscape plan
prior to issuance of building permits.
5. The Community Service Officer shall review the building and
fencing plans for CPTED Compliance prior to issuance of any
building permits.
6. The access drive plan shall be approved by the City Engineer.
7 A site lease agreement for the installation of the antenna /panels
and building shall be approved by the City Council prior to the
issuance of any building permits.
Discussion:
Chair Schaps offered an amendment to condition No. 4 to require screening from
Apollo Drive. Mr. Johnson and Mr. Robinson accepted the amendment. The
motion carried, 6 -1 (Gelbmann).
F. Public Hearing - Sign Ordinance Amendments
Ms. Wyland stated that staff has been working on a sign ordinance update. Nine
changes are listed in the staff report. The Economic Advisory Board has
reviewed the changes and supports the revisions.
Mr. Wessel requested that the Board consider the information presented as an
introduction and continue the public hearing to the January meeting. There are
some details yet to work out with the sign ordinance. He would like to further
investigate setback requirements of other communities
Chair Schaps declared the public hearing open at 9:30 p.m.
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Planning & Zoning Board
December 11, 1996
Page 20
Mr. Robinson made a MOTION to continue the public hearing on the sign
ordinance to the January 11, 1997 Planning & Zoning Board meeting. He was
supported by Dahl. The motion was unanimously approved, 7 -0.
G. 96 -37, AdGraphics, 2300 Main Street, Sign Variance
Ms. Wyland stated that the applicant, AdGraphics, is requesting a sign variance
to allow business identification and two directional signs five feet from the
property line. Aside from the setback, the signs meet all requirements of the
existing ordinance. She stated that staff is recommending approval based on
the noted criteria listed in the staff report:
1. That the property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls.
2. That the plight of the landowners is due to circumstances unique to his
property not created by the land owner.
3. That the hardship is not due to economic considerations alone and when
a reasonable use for the property exists under the terms of the ordinance.
4. That granting the variance requested will not confer on the applicant any
special privilege that would be denied by this ordinance to other lands,
structures, or buildings in the same district.
5. That the proposed actions will not unreasonably diminish or impair
established property values within the neighborhood.
6. That the proposed actions will be in keeping with the spirit and intent of
the ordinance.
Mr. Wessel stated that the building is in the Clearwater Creek Industrial Park and
has set a professional, quality standard for the City. The landscaping is
designed for the signs to be located where the applicant has requested.
Mr. Steve Peterson, AdGraphics, requested approval from the Board for the sign
variance. The company's main concern is safety because there is a lot of truck
traffic coming to the building. It is not safe to have trucks stopping to figure out
which entrance to enter for shipping /receiving.
Mr. Herr expressed some concern about the flood lights used to light the sign
being directly focused. This is an issue he would like to see more fully
addressed in the sign ordinance.
Ms. Wyland stated that the new sign ordinance does address that issue.
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Planning & Zoning Board
December 11, 1996
Page 21
Mr. Johnson made a MOTION to approve the variance as requested to allow
three signs to be located 5 feet from the front property line and to adopt the
criteria for the variance as outlined in the staff report. He was supported by
Dahl. Motion carried unanimously, 7 -0.
IV. DISCUSSION ITEMS
A. Future Work Session to Discuss Recreational Vehicle Ordinance
Mr. Wessel stated that there will be a future work session to discuss recreational
vehicles (RV). There are strong opinions on this issue, and the City Council has
asked for direction from the Board.
Ms. Wyland stated that Mayor Landers has received a letter from residents
requesting that a public meeting not be held in February, which is prime time for
RV owners to be out of the state.
Chair Schaps stated that it would not be productive to have a work session until
a public meeting has been held. He recommended a public meeting in April.
Mr. Johnson asked if the RV issue would hold up approval of the Zoning
Ordinance.
Chair Schaps responded that adoption of the Zoning Ordinance will not be
delayed by the subsection on RV's.
Mr. Wessel stated that the City Council plans another review of the Zoning
Ordinance changes. The sections relating to RV's will remain the same until this
public meeting process is completed. He noted that many residents are not
aware that there is an ordinance in place on RV's.
Mr. Dunn stated that he believes it would be beneficial for the Board to discuss
the RV issue as a group before the public hearing. The Board has approved the
Zoning Ordinance with changes to the RV section. It is vital that the Board revisit
that decision to see if opinions have changed before meeting with the public. It
is his hope that the Board will hold to the ordinance that has been
recommended.
It was the consensus of the Board to schedule the public hearing on RV issues
related to the Zoning Ordinance in April, 1997.
Planning & Zoning Board
December 11, 1996
Page 22
VII. ADJOURNMENT
Mr. Robinson made a MOTION to adjourn the meeting at 9:55 p.m. and was
supported by Mr. Johnson. The motion passed unanimously, 7 -0.
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