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HomeMy WebLinkAbout06/12/1996 P&Z Minutes• CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : June 12, 1996 TIME STARTED : 6:30 p.m. TIME ENDED : 9:50 p.m. MEMBERS PRESENT : Dahl, Dunn, Gelbmann, Herr, Johnson, Robinson, Schaps ALSO PRESENT : Planning Coordinator Wyland, Planning Consultant Kermis, City Engineer Ahrens, Economic Development Director Wessel I. CALL TO ORDER AND ROLL CALL: Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., June 12, 1996. Mr. Gelbmann and Mr. Herr arrived late. II. APPROVAL OF MINUTES Al Robinson made a MOTION to approve the minutes as submitted for the May 8, 1996 • meeting and was supported by Johnson. Motion carried 5 -0. HI. APPROVAL OF AGENDA • Chairman Schaps stated that a notice of public hearing was published for the Dwayne Cardinal property but is not on the agenda for this meeting. The notice will be republished when the matter is to be considered. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting to be open at 6:35 p.m. There were no comments. Mr. Al Robinson made a MOTION to close the Open Mike and was supported by Johnson. Motion carried 5 -0. V. ACTION ITEMS: A. 96 -13 -S, Arndt Construction, Phelps Road, Site Plan Review & Variance Planning Coordinator Wyland stated that Arndt Construction would like to build a 17,200 square foot warehouse /shop and 2,528 square foot office at 2190 Phelps Road. A variance to the setback requirement on Phelps Road and on the side property line is requested. The plan is to remove the existing metal building and attach the new building to the existing • PLANNING & ZONING BOARD JUNE 12, 1996 warehouse/shop building. The office area will be constructed first and warehouse space after the sewer and water become available in the fall. Ms. Wyland further stated that at this time there are plans to realign Otter Lake Road which would reorient the front of this proposed building to the east. In a Light Industrial District, the required setback is 50 feet. The applicant is requesting a variance of 23 feet to allow a 27 -foot setback. Staff is recommending 30 feet, which will be the adopted standard in the proposed new ordinance for residential streets. A 30 -foot setback would mean a reduction of 3 feet to the office building. Additionally, Arndt construction is asking for a variance of 2+ feet on the west side to allow the building to be flush with the existing building. Arndt Construction has the option to purchase the adjacent property, and it is staffs recommendation that they exercise that option to meet the 10 foot setback requirement. Staff recommends approval of the plan subject to the conditions listed in the staff report. Mr. Dunn asked if the realignment of Otter Lake Road will change the landscape plan. Ms. Wyland answered, no. Mr. Johnson if the shaded areas on the map indicate outdoor storage. • Ms. Wyland stated that the shaded areas are outdoor storage, and the applicant has all necessary permits. • Mr. Wessel noted that there has been considerable discussion about how the whole area will work with regard to ponding and trails. Arndt Construction also owns the property to the south of this site. The City has enjoyed a cooperative relationship with the company, and staff is comfortable that positive long range plans will be made for the area. Mr. Arndt stated that the company would like to get approval of the variance for the setback off Phelps Road to allow as much office space as possible. If the variance is allowed on the west side, it will be possible to extend the existing building in a straight line. He confirmed that the company has the option to purchase adjacent property if necessary. Mr. Arndt questioned condition No. 7 in the staff report. He does not want to pave the storage yard because of the heavy equipment that is put there that will just tear up any bituminous or concrete. There is a drainage swale where trees will be planted on both sides for screening, and no buildings are planned in that area. Ms. Wyland explained that the paving requirement relates to the parking area only. Mr. Dunn asked the applicant's plans for concrete storage east of the property that will face Otter Lake Road when it is realigned. 2 PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Arndt stated that there are plans to screen the bituminous, sand and topsoil stored on the site with crushed aggregate. Pines have been planted to screen the entire storage area. Mr. Dunn asked if there are any environmental concerns with the storage of these materials. Ms. Wyland stated that the company has all necessary permits from the Rice Creek Watershed District (RCWD). Chair Schaps asked if the company is willing to comply with staffs recommendation for a front setback of 30 feet and the purchase of additional property to eliminate the variance on the west side. Mr. Arndt stated that he would prefer to be able to extend the building in a straight line without having to acquire property for two reasons: 1) there is a drainage swale ditch that cannot be built on; 2) while the company has the right to exercise its option to purchase the adjacent Paul Miller property, he would prefer not to do so at this time because of the cost of the improvements being put in. Regarding the 30 foot setback, again, they would prefer not reducing their building size but it would be possible. Mr. Johnson made a MOTION to approve the site plan review with the following conditions: 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be in escrow to insure completion of all site improvements. The City's CSO Officer shall review the building plans prior to issuance of the building permit to insure compliance with CEPTED recommendations. 2. Landscaping of the site shall be coordinated with the City Forester prior to issuance of any building permits. 3. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 4. RCWD Permits shall be obtained, if required, prior to any site grading. 5. Utility, grading and drainage plans shall be reviewed and approved by the City Engineer. 6. A variance for 20' on the front setback (Phelps Road) shall be approved allowing a setback of 30'. The variance setback requested on the west property line is denied. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking area. Mr. Herr seconded the motion. The motion carried 7 -0. 3 • • • • • PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Dwayne Cardinal, who was seated in the audience, stated that he had changed his mind and requested that his issue be discussed. It was the consensus of the Board to add Mr. Cardinal to the agenda as item No. K. B. 96 -14 -S, Lino Lakes Family Dentistry, Blue Heron Road, Site Plan Review Ms. Wyland stated that the applicant is seeking a site plan review and Conditional Use Permit to allow the construction of a 3,800 square foot office building on Outlot A of Rice Lake Estates. The outlot was zoned Neighborhood Business in 1985, and permits professional office development with a Conditional Use Permit. The applicant is requesting a variance setback of 28 feet from the adjacent residential district. City ordinance currently requires 35 feet. Staff is recommending approval of the variance based on the following findings: 1) the applicant has determined that the building requested is at the minimum size for its intended use; 2) the lot is an odd shape with unique circumstances not created by the property owner; and 3) the hardship justifying a variance includes the shape and configuration of the lot. Mr. Dunn asked if consideration was given to reversing the location of the parking area and building so the parking area would be further away from the residential area. Ms. Wyland stated that the City Engineer did not recommend access off Hodgson Road. The access has to be off Blue Heron Drive. Because the lot is narrow, it was difficult for the applicant to design the building and parking to fit the lot. Mr. Dunn asked if the local residents have responded to this development. Ms. Wyland stated that the City has received no written responses, but several neighbors are present to speak. Mr. Scott Mower, Progressive Architecture, stated that he is the Architect of record for this project. The site is in a residential area on the busy corridor of Highway 49. Rice Lake is across the road. The shape of the lot is difficult, and there are some bad soil conditions. In positioning the proposed building, all of these factors were considered. Setback requirements would not allow a reversal of placement of the building and parking lot. The parking lot will be buffered with vegetation, berms, and a fence that will be placed behind heavy pine trees so as not to block the neighbors' view. The roof line of the building will be low and broken up as much as possible to blend in with the neighborhood. The building exterior will also blend in to keep a residential feel without a lot of glass or commercial materials. Ms. Dahl asked the placement of the fence, what material will be used to build it and the height. 4 PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Mower indicated the placement of the fence on the map and the pine trees that will block it. It will be a privacy fence of redwood or cedar. Ms. Wyland stated that the fence height is limited to six feet and will extend from the rear of the garage to past the rear property line. Mr. Mower stated that to comply with City regulations, 30 parking spaces are required. Angle parking is difficult to use, and 90- degree parking forces the building to the back of the lot. Mr. Gelbmann asked if the parking lot could be moved to the east to maintain the trees and screening at the back of the property. Mr. Mower stated that the layout of the site already extends to the easterly setback. Mr. Gelbmann asked the number of dentist rooms on both floors. Mr. Mower stated that the practice area is the upper floor with nine rooms, but it would be difficult to fit nine practitioners in at one time. The lower floor will be used for storage. Mr. Herr expressed concern about lights shining into residential areas and asked what type of lighting will be used. It is important that the light be cut off with precision lighting. Mr. Mower stated that there will be a few overhead lights. Low Bollard lights are being considered. Ms. Wyland added that City ordinance requires lighting that is restricted. Mr. Mower asked for clarification of condition No. 2 which refers to requiring a pedestrian trail and the reference to wildflowers in condition No. 3. Ms. Wyland stated that the trail should be 8 feet wide, graded and finished with crushed rock in the existing right -of -way. The City Engineer and City Forester have plans and specifications to review with Mr. Mower. The trail requirement is reasonable, as no park dedication is being required. Condition No. 3 refers to planting the wildflowers correctly per the City Forester. Mr. Joe Barron, Rice Lake Estates, stated that his only problem with the development is the driveway access off Blue Heron Drive. He and his neighbors would prefer to have the development accessed from Highway 49 to eliminate excess traffic and protect neighborhood children. 5 • • . PLANNING & ZONING BOARD JUNE 12, 1996 Chair Schaps responded that it would be very difficult, to get Mn/DOT approval to put the access on Highway 49. Mn/DOT is never prone to interrupt major highways with driveways, and the probability of such an access being approved is remote. He asked Mr. Barron his preference for the placement of the fence. Mr. Barron answered that he would like the fence to start further back, closer to his garage. As long as the pine trees survive, any added landscaping will be a plus. Mr. Robert Kraus, 6675 Blue Heron Drive, asked the destination of the trail. Ms. Wyland explained that at this time the trail will not connect to other trails, but as properties are developed new segments will be added to the north and attached to this trail. It is the City's practice to require trail segments as properties develop, such as the trail in front of the bus barn on Highway 49. Mr. Barron noted that the trail in front of the bus barn is on the east side, and this one will be on the west. He asked if this one could be put on the east side. Ms. Wyland stated that the trail will cross to the west at some point, perhaps Birch Street. • Mr. Johnson added that having the trail cross to the west will make it more accessible to residents. • Ms. Lisa Giebink, 6676 Sandhill Drive, stated that she and her neighbors are generally pleased to have a dental office in the neighborhood and prefer it to other business options. The main concern is the access off Blue Heron Drive. She would be interested in pursuing the issue with Mn/DOT for access off Highway 49. Mr. Mower stated that on another project where the only access point had to be from a state highway, it took a year to obtain approval from Mn/DOT. Here, where there is obviously an alternative access, it would be a miracle to obtain approval for driveways on Highway 49. City Engineer Ahrens stated that both the county and state look at the main function of their roads as being to move traffic through cities. As long as there is an alternative local access road, a driveway permit off Highway 49 would be refused. Ms. Giebink stated that the plan indicates that one monument to the gateway entrance will be removed, and the residents just spent money to paint them. She would not mind if one is taken out, but would want to be sure that the corners match. 6 PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Mower offered to help rebuild the one taken out if the construction materials are provided. Mr. Dunn asked if the City will face these same decisions with the other outlot in this area. Ms. Wyland stated that the proposed site is the only outlot zoned for Neighborhood Business in this plat. Mr. Robinson asked how the bad soil conditions will be corrected and whether the building might have to be reconfigured. Mr. Mower stated that a layer of muck was found at a depth that he believes could be dug out and replaced. Mr. Robinson asked if correctable pilings could be used. Mr. Mower stated that would be an expensive option. The borings appear to indicate that the problem can be corrected with compaction. Mr. Dunn stated that it concerns him to see business intermix with residential areas, even though the area is so zoned. He would like to see the City prevent business development from locating adjacent to residential areas. He recommended that in the future residential developments be reviewed with the thought of requiring the first one or two border lots to be used as green space buffers. He believes the City will look better if this philosophy were adopted. Mr. Herr stated that he believes this development is a good application of a neighborhood business that integrates well with the residential area. He believes a trend of future development will be a mix of residential and business in the same areas. Chair Schaps stated that the project has been well presented and commended the property owners and architect for communicating with residents and addressing their concerns. Ms. Dahl also commended the developers for the open communication among all parties, which she very much appreciates. Mr. Johnson made a MOTION to approve the Site Plan, Conditional Use Permit, and variance with the conditions outlined in the staff report: 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be in escrow to insure completion of all site improvements. The 7 • • • PLANNING & ZONING BOARD • JUNE 12, 1996 • • City's CSO Officer shall review the building plans prior to issuance of the building permit to insure compliance with CEPTED recommendations. 2. A pedestrian trail shall be graded and rocked, in the right -of -way, according to City specifications, along the Hodgson Road side of the property. This trail work shall coordinated with the City Forester and Mn/DOT. 3. Landscaping of the site shall be coordinated with the City Forester, in particular, the grasses and wild flower area shown on the plan. 4. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 5. A detail of the proposed fencing on the west property line shall be provided prior to City Council Review. 6. RCWD permits shall be obtained, if required, prior to any site grading. 7. A variance for 7' on the interior side setback line shall be approved allowing a setback of 28 feet. Mr. Gelbmann seconded the motion. The motion carried 7 -0. C. 96 -15 -S, EAM, 4th Avenue, Site Plan Review Ms. Mary LaForest stated that Emergency Apparatus Maintenance (EAM) is seeking to build a 5,250 square foot building with a potential for 5,600 square foot future expansion on a one- acre triangular parcel in Apollo Business Park on 4th Avenue adjacent to the Klosner -Goetz building. EAM started in 1987, and now serves 300 fire departments in Minnesota, Wisconsin and Michigan. Ms. Wyland noted a couple of minor changes requested by the applicant: 1) to move the entrance further south to provide easier access for the emergency vehicles; 2) that the rear exterior wall be of plain block wall rather than the rock face on the other sides of the building. Staff sees no problem with either of these requests. A revised site plan will be prepared for the Council. Approval is recommended with the conditions listed in the staff report. Mr. Dave Schreier, EAM Owner, stated that the reason for moving the driveway entrances is to accommodate 35 -foot long fire trucks. Landscaping will be moved and placed wherever required by the City. Ms. Wyland noted that there is a minimum amount of traffic on 4th Avenue, and access would be possible at any point on that alignment. City Engineer Ahrens stated that he sees no problems with moving the driveway. Mr. Dunn asked if vehicles will be stored on -site. PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Schreier stated that the company repairs the vehicles and sends them back. They do not sit outside. The only thing stored outside is a small trailer to haul products when traveling outside of the state to do repairs. Mr. Dunn asked if fire extinguishers are repaired or other apparatus using chemicals. Mr. Schreier answered, no. Mr. Herr made a MOTION to recommend approval of the site plan review, subject to: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to ensure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 5. Permits shall be obtained from the RCWD for grading and on -site ponding, if required. 6. Signage comply with the City Sign Ordinance and proper permits obtained. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. Curb and gutter shall not be required on the concrete pad on the east side of the building in the proposed expansion area. 8. The contractor shall review final construction documents with the Community Service officer to ensure compliance with CEPTED and the landscaping requirements as recommended by the City Forester. Mr. Gelbmann seconded the motion. The motion carried 7 -0. D. 96 -16 -S, Blue Heron II, Apollo Drive, Site Plan Review Mr. Wessel stated that the Blue Heron II site plan has been submitted for a 35,000 square foot building west of the newly constructed Blue Heron I building in Apollo Business Park. The City has been working with the developer to build the Blue Heron development in order to make tenant space available and encourage companies to move in. Blue Heron II will be the same concept as Blue Heron I and leased in 3,500 square foot increments or larger. Ms. Wyland stated that Apollo Business Park is zoned Light Industrial. Staff is recommending approval subject to the conditions listed in the staff report. 9 • • • . PLANNING & ZONING BOARD JUNE 12, 1996 • Chair Schaps asked the reason that the front of Blue Heron I is oriented to the road, but Blue Heron II is not. Mr. Wessel responded that there is concern about screening the service area from the freeway, Apollo Drive, and the large adjoining commercial parcel to the west. Mr. Dan Richmond added that one of the reasons that the Blue Heron II is oriented in a different direction is to maintain consistency with rounded corners and for the adjacent property to look at the nicest side of the second building. Half of the building is leased to a medical company making medical furniture for hospitals and doctors. There will be one cabinet shop. As with the first building, the lease includes an option to buy for owner - occupancy businesses. Mr. Johnson asked the types of businesses that are in the first building. Mr. Richmond stated that GLS Corporation is out of Chicago and is a large company that makes resins and plastics. There is a box storage company. Techni -Pack assembles detonators. They contract with the federal government. Another company is Excalibur Rollers, which is a light assembly company that puts rollers on the bottom of tables and other furniture. Mr. Wessel stated that in the Development Agreement, there is a provision for the City to pre - qualify all tenants for tax increment financing (TIF) assistance to control who leases the space. Mr. Dunn made a MOTION to recommend approval of the site plan review, subject to the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to ensure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 5. Permits be obtained from the RCWD for grading and on -site ponding, if required. 6. Signage comply with the City Sign Ordinance and proper permits - 7 Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. 10 PLANNING & ZONING BOARD JUNE 12, 1996 8. The developer receive access permits from Anoka County. 9. The developer pay the required park dedication fees. 10. A shared driveway agreement be included in the development contract, ,Nc 11. The contractor shall review final construction documents with the Community Service Officer to ensure compliance with CEPTED. 12. A certificate of survey shall be provided prior to City Council action on the minor subdivision. Mr. Gelbmann seconded the motion. The motion carried 7 -0. Mr. Dunn made a MOTION to recommend approval of the minor subdivision as submitted. Mr. Robinson seconded the motion. The motion carried 7 -0. E. 96 -17 -P, Alan Donat, 8134 East Rondeau Drive, Minor Subdivision Ms. Wyland referred Board Members to the revised report concerning Mr. Alan Donat's property at 8134 Rondeau Drive East. The application meets City requirements, and staff recommends approval. The revised request is for the homestead to consist of 6.76 acres leaving 10 acres for future development. Both the existing home and the new one would have access off Rondeau Drive. Mr. Dunn asked if the zoning will remain the same. Ms. Wyland answered, yes, it is zoned Rural. Mr. Robinson asked if flag parcels are acceptable. Ms. Wyland responded that the parcel has 330 feet of frontage and is not a flag lot. Mr. Johnson asked if the access to 81st Street is blocked by a swamp. Ms. Wyland stated that there is a DNR wetland along 81st. Mr. Robinson made a MOTION to approve the minor subdivision with the requirement of a Park Dedication Fee of $500 for the 10 -acre parcel and that this fee be collected prior to recording of the subdivision with the County. Mr. Dunn seconded the motion. The motion carried 7 -0. 11 • • • • PLANNING & ZONING BOARD JUNE 12, 1996 • • F. 96 -19 -P, Molly & Jim Jungbauer, 2207 Deerpass Trail, Minor Subdivision Ms. Wyland stated that the applicants are requesting a minor subdivision to add five feet to their property from the adjoining property. The purpose is to correct the existing encroachment on the east side where there is a retaining wall and decking. This correction will eliminate future mortgage problems. When the home was originally constructed, the owners owned both parcels, and the house was constructed close to the current side property line. The adjacent property owner has agreed to sell five feet to the Jungbauers. The property is zoned rural. Staff is recommending approval with the condition that the five feet be added to the legal description of Lot 23, and also recommends a waiver of park dedication requirements. Mr. Jungbauer stated that he is willing to spend the $3,500 to buy the five feet of property in order to correct the situation. However, it has cost him a $250 fee to present this application to the City, which he believes to be unfair. He requested a waiver of that fee. He added that the deck stairway no longer exists, and the deck will be in full compliance with City requirements upon approval of the subdivision. Chair Schaps stated that it is unprecedented to refund the fee. Mr. Jungbauer stated that when he bought the property, he noted the property line, placement of the house and deck. He obtained a letter of acceptance from the City so he would not be required to take the deck down. He is now trying to bring his property into compliance. To bring the City's business before the City is costing him $250, and he requested that the Board recommend to the City Council a refund of his fee. Mr. Robinson made a MOTION to approve the minor subdivision as requested with the condition that the westerly 5 feet of Lot 24 be added to the legal description of Lot 23 and waive the park dedication requirement; and that the $250 fee be reimbursed to the applicant in light of the special and unique circumstances. Mr. Herr seconded the motion. The motion carried 7 -0 Chair Schaps called a break at 8:20 p.m. and reconvened the meeting at 8:30 p.m. G. Richard Carlson, 7932 Lake Drive, Minor Subdivision Ms. Wyland stated that Mr. Richard Carlson purchased the His and Hers Barber & Beauty Shop. He plans to open an equipment rental business. The parcel is located in the central business district and is approximately .62 acre in size. The applicant is requesting a minor subdivision to add Parcel B (80 x 135') to his Parcel A from a larger 79 -acre tract, Parcel C. 12 PLANNING & ZONING BOARD JUNE 12, 1996 He intends to fence the property and request rezoning. Staff recommends approval of the rezoning of Parcel B to conform to the zoning of Parcel A. Chair Schaps asked what type of equipment will be rented. Ms. Wyland stated that lawn and garden equipment will be'for rent, i.e., roto tillers, lawn mowers, etc. Mr. Carlson stated that there is an existing pole barn on the property which he plans to remove to build a permanent structure at some later date. Mr. Dunn asked if the rental equipment would be contained within a building, or stored outside. Mr. Carlson stated that there will be some outside storage. Screened fencing will prevent visibility of the site. Ms. Wyland noted that a Conditional Use Permit for outside storage is required, and the applicant will have to come back to the Board for its approval. Mr. Gelbmann made a MOTION to approve the minor subdivision with the following conditions: 1. Tract A and B shall be combined to provide for one legal description and one taxed parcel. 2. No park dedication shall be required as no additional structures are proposed to be constructed. 3. The applicant shall apply for a rezoning of Tract B prior to any additional land use applications. Mr. Johnson seconded the motion. The motion carried 6 -0, with Mr. Robinson abstaining. H. 96- 20- PDO/Rezone, Bruce Hanson, Surfside Seaplane Base, Rezoning, Planned Development Overlay and Preliminary Plat City Planning Consultant, Bob Kermis stated that Mr. Hanson has submitted plans for five single family lots with access to the Surfside Seaplane Base. With this application is a proposal to rezone 11 acres to R 1X from General Business to build the homes. The Hansons intend to retain the existing General Business portion shown as Lot 7 along Lake Drive. A number of approvals are necessary to accommodate the proposed development: 13 • • 110 PLANNING & ZONING BOARD JUNE 12, 1996 • 1. An amendment to the Comprehensive Plan, specifically the Land Use Plan which now suggests a business use of this property. 2. A finding that indicates the appropriateness of the proposed land use to justify rezoning the portion that will be designated residential. 3. A PDO overlay of air strip accessible lots is necessary to accommodate oversized accessory buildings 4. Preliminary plat. Mr. Kermis stated that he believes there is justification for either rezoning the property or denying its continuation. It is the City's policy not to down -zone commercial property unless there is an equitable land exchange or unique conditions that make the change appropriate. In order to approve the proposal, the Board must make findings that support the special conditions that make the proposed land use acceptable. The proposed use could be found to be compatible with the lots to the north toward Aqua Lane which is south of a multi - family development. This development could be a natural barrier to a higher intense commercial use. The Comprehensive Plan provides for the following conditions that would support the proposed residential use: "Future community development shall take into account social, economic, and environmental opportunities and constraints in an effort to provide an optimal arrangement of future land use activities. A variety of residential development types is desirable and shall be encouraged in the community. Particular areas of the City shall be designated for each of the desired housing types which range from multi- family residential to rural." Mr. Kermis further stated that the City is in the process of updating its Comprehensive Plan. This site is included in that study, and the Planning Board may wish to make a finding that rezoning is premature until the Comprehensive Plan document is completed. Should the City find this particular use to be appropriate, he would recommend approval of the preliminary plat, subject to the 12 conditions listed in the staff report. Mr. Johnson asked if Lot 6 and Outlot A are contiguous and could be combined. Mr. Kermis responded that they would be combined to the seaplane base to the east. Chair Schaps declared the public hearing open at 8:50 p.m. Mr. Wessel, Economic Development Director, stated that he believes this project is premature. The Comprehensive Plan review process has been underway since the beginning of the year. Sessions have been held with the City Council, and meetings will be scheduled 14 PLANNING & ZONING BOARD JUNE 12, 1996 for input from residents. It will take a year to complete the review process. The review will focus on the Highway 49 corridor from Hodgson Road to Lila because of the increased activity in that area and its strategic importance. Comprehensive land use valuations will be done to develop direction to reorganize that corridor. Secondly, there is the issue of not losing commercially zoned property in the City. Also, there is the possibility of setting a precedent that precludes the Comprehensive Plan update process. There is a lot of interest in rezoning, and approval of this project could snowball into similar requests. Mr. Bruce Hanson, Owner of Surfside Seaplane Base, stated that he is opposed to any further studies and would like to see the project approved at this time. With regard to the Comprehensive Plan, Surfside Seaplane Base is part of the metro airport system and should be protected against planning for community development. Land use changes were attempted in 1977 and again in 1984. It is time to move ahead and approve the appropriate land use. As of this date, he has three and perhaps four buyers for the proposed residential lots. Chair Schaps asked if there has been any response to this project from residents to the north. Mr. Hanson stated that he has heard nothing. Ms. Wyland stated that she received one phone call from Mr. McFee, who lives in the townhomes. His only question was the purpose of the taxiways, whether sea planes have wheels, the hours of operation and noise that may be generated from those five lots. After discussing the daily hours of operation and the special equipment used to move the planes to the base, he had no objections. Mr. J.P. Houchins stated that he has no objections. The sea planes are fun, and there are not many around. Residents do not want to see the area rezoned for more townhomes. He does not have an opinion on what type of commercial business might fit the area, but upscale housing would be attractive to local residents. Mr. Johnson noted that although the land would be zoned residential, the property owners would be supporting a Lino Lakes business. The City would not necessarily lose business property because this residential property would be part of a larger commercial complex, which is a significant economic component. Mr. Wessel agreed with Mr. Johnson but stated that the land use must be separate between private residential and commercial use. Mr. Robinson was excused and left at 9:00 p.m. Mr. Dunn asked if anyone else has come forward with a better use for this land. 15 • • • • PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Wessel stated that this land is zoned General Business and no other business candidates have made a proposal. It is a difficult parcel because it is split by wetland, and the parcel off Aqua Lane is somewhat removed. EDAB is concerned about protecting current land uses until the Comprehensive Plan review is complete and a design for the whole area can be developed. A decision to consolidate should be made by the community as well as public officials. Mr. Johnson asked if this development would attract other kinds of businesses to locate close to the landing site. Mr. Hanson responded that it would be a possibility. He has an inquiry about space from a company in Anoka that is recognized as the premier plane engine rebuilder. The issue of generating the same tax dollars as General Business zoning is addressed by the fact that the land has been vacant for a number of years generating no tax dollars. His project will be built within the next year and will bring tax dollars to the City. Mr. Wessel stated that he can understand the Zoning. Board's position to deem this project appropriate for the site. He noted an earlier meeting of interested parties, including Mr. Hokanson and Mr. Hanson, that was held to consider a study of land use designations for the area. The decision of the group was to not pursue a study. It would have been helpful now in reviewing a specific proposal. Mr. Herr noted that for the project to move forward, approval of a Comprehensive Plan amendment is needed. Mr. Kermis stated that the amendment is a minor one. The Metropolitan Council will only respond if there is a problem. Mr. Herr asked if utilities are installed on Aqua Lane. Ms. Wyland answered, yes. City Engineer Ahrens added that the utilities were put in when the Marshan Townhomes were built. This property was then stubbed. If business development is considered in the area, Aqua Lane could support a business like Mr. Hanson's. It could not support a business that uses semi- trucks. Mr. Dunn asked how long Mr. Hanson has been in business. Mr. Hanson answered, since the 1960's. • 16 PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Dunn noted that Mr. Hanson has been a good neighbor and has an excellent reputation in the business community. He would support this proposal and urged other Board members to support it. Mr. Johnson stated that office/business would fit on Aqua Lane, but there is not a high demand for that type of development in Lino Lakes, and there are other sites that would be appropriate for office development. He would not anticipate office development on this site in the foreseeable future. To retain General Business District zoning would mean that the land will be vacant for a long time. This proposal would be a unique economic asset to the community that would link a residential development to the sea plane base. He stated that he also would support the project. Mr. Herr agreed that this residential project would uniquely fit this area and would support it. Mr. Gelbmann stated that this development would provide a good buffer along the edge of the residential area to the north and would make a nice transition from residential to commercial areas. The sea plane base has been a long - standing business in the community and he would support the economic viability of keeping existing businesses. He expressed concerns, however, about losing a General Business District and suggested that options be explored to arrange some type of land exchange. Ms. Dahl stated that she agrees with the other Board members and would have no opposition as long as residents are not opposed. It is an opportunity to put land to use that has stood vacant. Rezoning to R -1X will brinng� expensive, large homes on big lots. �y 1 I ► Q/\ bo MAA \ { i ft 1 t S' e-h- oet ,, , Mr. Johnson asked about the air safety zones south of the base along Lake Drive. The area is zoned light industrial, and there is an area zoned R -1 that fronts Lake Drive south of the Marshan Townhomes. Much of this property is vacant, and he asked if some of it could be reclaimed for General Business, or Limited Business or Neighborhood Business to make up for rezoning Mr. Hanson's property. Mr. Wessel agreed that there would be potential in that approach. He stated that he is not surprised that this General Business property has stood vacant so long. The City is just beginning to make headway in attracting commercial development. If the Board approves this project, it would make sense to find an equitable exchange of land along Lake Drive as part of the planning process. Chair Schaps stated that he likes Mr. Hanson's proposal and the size of the lots. The property is unique and the business is unique. There are not many sea plane bases, particularly in the Twin Cities. He would be interested to have community input on what happens to this 17 • • • • PLANNING & ZONING BOARD JUNE 12, 1996 • property but noted that only one person came to the public hearing. General Business zoning has been retained on the corner, and he agrees with the idea of an equitable land exchange. In light of the future residential development to the north, this project is a consistent use of the property in all respects, and he would favor it. Mr. Johnson made a MOTION to close the public hearing. Ms. Dahl seconded the motion. Motion carried 6 -0. Chair Schaps stated that the specific findings of the Board to justify down - zoning this property from General Business to R -1X are as follows: 1. The property is unique in itself in its proximity to Rice Lake and an existing Surfside Seaplane Base. 2. This proposal would compliment existing business and surrounding new future residential construction. 3. There is general community approval which would be consistent and necessary for a Comprehensive Plan amendment. Mr. Johnson added a further finding that there is a good possibility that the City may be able to claim land for General Business use in the area. Chair Schaps added a 13th condition to approval of the preliminary plat, which is that the City focus on obtaining land for limited business or other business related zoning in exchange for the land rezoned to R -1X in this project. Mr. Johnson made a MOTION to recommend approval of an amendment to the Comprehensive Plan to change the land use designation of this property to R -1X based on the following findings: 1. The property is unique in itself in its proximity to Rice Lake and an existing Surfside Seaplane Base. 2. This proposal would compliment existing business and surrounding new future residential construction. 3. There is general community approval that which would be consistent and necessary for a Comprehensive Plan amendment. 4. There is a good possibility that the City may be able to claim land for General Business use in the area. Mr. Dunn seconded the motion. Motion carried 6 -0. 18 PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Dunn made a MOTION to rezone the eastern portion of the site (air strip accessible lots) from General Business to R -1X, Single Family Executive. Mr. Gelbmann seconded the motion. Motion carried 6 -0. Mr. Herr made a MOTION to recommend approval of the PDO overlay of air strip accessible lots to accommodate oversized accessory buildings. Ms. Dahl seconded the motion. Motion carried 6 -0. Mr. Gelbmann made a MOTION to recommend approval of the preliminary plat with the conditions listed below from the staff report and including the 13th condition stated above. 1. The preliminary plat is revised such that Lot 6 and Outlot A are combined with the adjacent Surfside Seaplane Base property. 2. Hanger building materials and heights are specified and found to comply with applicable City requirements. 3. Seaplane hangers shall not exceed 2,400 square feet in size. 4. No detached accessory buildings, other than seaplane hangers, are allowed. 5. A copy of restrictive covenants shall be applied to the proposed residential lots and submitted for City review and approval. Such covenants must address architectural requirements for hangers and include a provision that such hangers are to be used solely for airplane (seaplane) and related equipment storage. 6. It is demonstrated to the City that wetland boundaries have been delineated by a qualified surveyor. 7. Drainage and utility easements are provided along all lot lines and a drainage easement is provided over the site's wetland. This issue should be subject to further comment by the City Engineer. 8. All park dedication requirements as determined by the City Park Board are satisfactorily met. 9. A grading and drainage plan shall be submitted. Such plan shall be subject to review and approval by the City Engineer. 10. All conditions of operation, as required by the FAA and/or Minnesota Department of Aeronautics, are satisfied. 11. The City Engineer shall provide comments and recommendations in regard to utility issues. 12. Comments from other City staff. 13. The City of Lino Lakes shall focus on obtaining additional business related property in the area for an equitable land exchange for the property rezoned R -1X. Mr. Dunn seconded the motion. Motion carried 6 -0. 19 • • • • PLANNING & ZONING BOARD JUNE 12, 1996 • I. 96 -21 -V, Gary Sandahl, 478 Lonesome Pine, Variance Ms. Wyland stated that Mr. Gary Sandahl is requesting a variance from Section 4 regarding swimming pools which states: "The pool, filter unit, pump heating unit and nay noise making mechanical equipment shall be located at least 35 feet from any adjacent or nearby residence and not closer than 10 feet to any lot line." The ordinance is being updated, and in the updated version, which is anticipated to be adopted this fall, the 35 -foot setback requirement is eliminated because it is difficult to enforce. If an addition were to be put on Mr. Sandahl's neighbor's house, the City would not check to be sure that the pool is 35 feet away. The new ordinance would permit the Sandahls' request to locate the pool 10 feet from the adjoining property without a variance. Staff is unable to find unique circumstances or a hardship of the property configuration. The Sandahls could meet current ordinance requirements or make the pool smaller. If this variance is approved, staff recommends that all other setback requirements be met. Letters from 12 neighboring property owners; including the neighbor immediately adjacent, have been received. There are no objections. Chair Schaps asked if the applicant is aware of the ordinance change. Mr. Gary - Sandahl stated that the pool was approved four months ago, and they were scheduled to put it in two weeks ago. When he learned of the ordinance change, he decided it would be well worth going through this procedure to move the pool and be able to have a full view of it from the house. Mr. Johnson noted that the Sandahls offer child care in their home. Mr. Johnson made a MOTION to recommend approval of the variance request to allow pool construction 10 feet from the side property line with the condition that the pool equipment be located adjacent to the existing dwelling. Ms. Dahl seconded the motion. Motion carried 6 -0. Mr. Herr was excused and left the meeting at 9:37 p.m. Dwayne Cardinal Issue Ms. Wyland stated that Mr. Cardinal owns RBR property on I -35E and 80th Street. He would like to apply for a Conditional Use Permit for an advertising sign on property near 80th Street that is on the freeway. The sign ordinance does not specify advertising in RBR 20 PLANNING & ZONING BOARD JUNE 12, 1996 districts because the designation of RBR was created after the sign ordinance was adopted. The sign ordinance will be brought to the Board for review in July but must undergo two readings and be published and adopted by the Council before it is effective. Mn/DOT has jurisdiction on signs on the freeway, and a permit must be obtained from Mn/DOT. Mn/DOT will not issue permits in other than business districts if locally approved. Chair Schaps noted that if a Conditional Use Permit were issued, it would not apply to the property Mr. Cardinal owns. He does not want to take action that would be detrimental to Mn/DOT approval. Mr. Cardinal stated that Mn/DOT has indicated to him that if the City would approve the sign, Mn/DOT would also approve it. Chair Schaps suggested postponing action on Mr. Cardinal's request until August, after the new ordinance has been reviewed and acted upon. Ms. Wyland stated that the application fee would be refunded to Mr. Cardinal. Chair Schaps stated that he would prefer not to open or continue the public hearing on this matter. Mr. Cardinal agreed to withdraw his application for a Conditional Use Permit and be refunded the permit fee. 96 -22 Jeff Kelley, Zoning Ordinance Text Amendment to Add Golf Course/Driving Range as Interim Use in RBR District Ms. Wyland stated that the P & Z previously approved an interim use request to allow golf and driving ranges in RBR zoned districts, contingent upon adopting the proposed zoning text amendments which would add golf courses and driving ranges as interim uses to RBR districts. Chair Schaps declared the public hearing to be open at 9:45 p.m. Ms. Wyland noted that she has received no calls on this issue. Mr. Johnson made a MOTION to close the public hearing. Mr. Dunn seconded the motion. Motion carried 5 -0. Chair Schaps closed the public hearing at 9:47 p.m. 21 • • • • PLANNING & ZONING BOARD JUNE 12, 1996 Mr. Gelbmann made a MOTION to adopt the ordinance amending the City's Zoning Ordinance, Appendix B1, Section 6, Subd. 21, R -BR by adding Golf Course/Driving Range as an Interim Use. Mr. Dunn seconded the motion. Motion carried 5 -0. VI. DISCUSSION ITEMS Ms. Wyland requested that the Board schedule one more work session to wrap up review of the proposed zoning ordinance and consider minor changes recommended by staff, particularly the size of accessory building structures. Mr. Wessel added that he would like the Board to spend some time in being updated on the Comprehensive Plan process. He agreed to invite Mr. David Licht to the work session to give a brief presentation. Board members agreed to check schedules and contact Ms. Wyland to set up the time. Mr. Johnson made a MOTION to adjourn the meeting at 9:50 p.m. Mr. Dunn seconded the motion. Motion carried 5 -0. 22