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HomeMy WebLinkAbout07/10/1996 P&Z Minutes• • Planning & Zoning Board July 10, 1996 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT STAFF PRESENT : July 10, 1996 : 6:30 p.m. : 9:50 p.m. : Dahl, Dunn, Gelbmann, Herr, Johnson, Robinson, Schaps : Planning Coordinator Wyland, 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., July 10, 1996. II. APPROVAL OF MINUTES: Mr. Johnson noted a correction on page 17. His question was in regard to other potential commercial sites, not air safety zones. Mr. Don Dunn made a MOTION to approve the minutes of the June 12, 1996 meeting, as corrected and was supported by Herr. Motion carried 7 -0. III. APPROVAL OF AGENDA: Chair Schaps noted that two items were pulled from the agenda: 1. 96 -23, Preliminary Plat and Rezoning Request, Rick Carlson, Miller's South Glen (Ware Road and 62nd Street) 2. 96 -27, Rezoning and Conditional Use Permit for Richard Carlson, 7932 Lake Drive (former His & Hers Beauty Shop) IV. OPEN MIKE: Chair Schaps declared the Open Mike portion of the meeting at 6:35 p.m. Al Robinson made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m. and was supported by Herr. Motion carried 7 -0. 1 • • Planning & Zoning Board July 10, 1996 V. ACTION ITEMS: A. 96 -25, PUBLIC HEARING, MedCenters Managed Care Facility, Apollo Drive, Conditional Use Permit, Site Plan Review and Preliminary Plat Mr. Wessel noted that one of the primary requests of the 20/20 Vision Group was to bring a medical clinic to Lino Lakes, particularly in the proposed area. The City has been working with MedCenters since late last year, and this is an important project for economic development as well as for the community. Site Plan Ms. Wyland stated that notices of this public hearing have been published and mailed to property owners. MedCenters Managed Care would like to construct a 9,200 square foot clinic on Apollo Drive. A medical facility requires a Conditional Use Permit in the GB zoning district. Chair Schaps declared the public hearing open at 6:38 p.m. Ms. Wyland stated that MedCenters is also requesting approval of the preliminary plat of the site which is to be split into three lots. Access to the facility was planned on the north side of the property. The developer was asked and agreed to move the access to the south side and enter into a shared driveway agreement with the property owner to the south. The site plan has been reviewed by the, City Forester and CSO Officer for landscaping and lighting. The CSO Officer has recommended the lighting be moved from the island to the parking lot. The City forester has recommended that the species of trees be changed so they do not grow too large and block light. It is recommended that the site plan be approved with the following conditions: 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be escrowed 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 CPTED recommendations. 2. Landscaping of the site shall be coordinated with the City Forester. 3. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 4. A park dedication fee shall be required as outlined by City Ordinance. 5. RCWD Permits shall be obtained, if required, prior to any site grading. 6. Utility, grading and drainage plans shall be reviewed and approved by the City Engineer. 7. A shared driveway agreement shall be provided between the owners of Outlot B and the MedCenter parcel. 8. The parking area shall be paved and concrete curb and gutter provided as determined by the City Engineer. Planning & Zoning Board July 10, 1996 Preliminary Plat Ms. Wyland stated that the total site is approximately 9.59 acres. Four parcels would be created. Lot 1 is 2.7 acres and the site of MedCenters. Lot 1, Block 2 is .83 acres; Outlot A, 3,400 square feet; and Outlot B, 5.99 acres. Outlot A is to the north of the property and not part of the plat. The 5.99 -acre parcel would be created as an outlot for future subdivision. Staff recommends approval of the preliminary plat, as submitted. Mr. Dunn noted that MedCenters will be the first significant medical facility in the City and asked if there is consideration for a dedicated emergency vehicle access to the facility. Mr. Hetteen, Project Architect, stated that an emergency access route is included with the plan. Ms. Wyland stated that the Fire Chief has reviewed the plans and has no objections. Chair Schaps asked if MedCenters clearly understands the shared driveway agreement on Apollo Drive. • Mr. Hetteen stated that MedCenters has agreed with the recommendations of staff. Mr. Mike Bolderow, stated that the clinic will be a family care facility with 15 exam rooms, two minor procedure rooms, and an x -ray unit. There will be a staff of 15 with five physicians. Sixteen staff parking places are planned. Chair Schaps asked if the clinic hours are 9:00 to 5:00, if there will be an emergency care system available, or if the clinic will be associated with the new hospital in Wyoming. Mr. Bolderow stated the main hours of operation will be 9:00 to 5:00. He does not believe the clinic is associated with the new hospital. Al Robinson made a MOTION to close the public hearing at 6:50 p.m. and was supported by Johnson. Motion carried 7 -0. Mr. Dunn asked the time line for the project. Ms. Wyland stated that the developer would like to begin as soon as possible. The project will be on the City Council agenda July 26, 1996. Mr. Robinson asked for clarification on the county guidelines for proximity of • driveways on Apollo Drive. Planning & Zoning Board July 10, 1996 • Mr. Ahrens stated that the driveways cannot be closer than 600 feet, which is why shared driveways are being planned. • • Mr. Bill Johnson made a MOTION to approve the preliminary plat, as submitted and was supported by Dunn. Motion carried 6 -0 -1. Mr. Herr stated that he would abstain from voting on this matter because he is the consultant engineer for the project. Mr. Rick Gelbmann made a MOTION to approve the site plan and Conditional Use Permit with the conditions outlined in the staff report, and was supported by Dunn. Motion carried 6 -0 -1. Mr. Herr abstained. B. 96 -26, PUBLIC HEARING, Shoreview Covenant Church, Ash Street (County Road J), Conditional Use Permit and Site Plan Review Ms. Wyland stated that a notice of public hearing was published and mailed to neighboring property owners. The Shoreview Covenant Church is planning to build a three -phase development between Baldwin Lake Road and Woodridge Estates. The area is zoned R -1X, which requires a Conditional Use Permit for church construction. Chair Schaps declared the public hearing open at 6:54 p.m. Ms. Wyland stated that staff has reviewed the site plan with some concern for future development in the area. There is an outlot from the Woodridge Estates plat which is now landlocked. The property is owned by Mr. Rick Carlson who would like to work with church officials on a land exchange for property on the north side of the proposed church site. At this time these negotiations have been unsuccessful. As a condition of approval, staff is recommending that adjoining property owners, including Mr. Rick Carlson, meet with church officials to discuss the future development of the church property. It is also recommended that a trail be located through the remaining vacant church property and a lease arrangement pursued with the church for possible additional recreational space for the neighborhood. Staff does not believe these issues should delay the actual site plan for the church building and would recommend approval of that phase. Property owners have expressed concern about not wanting a through access to Oakwood Lane. Staff would recommend approval of Phase 1 with the conditions outlined in the staff report. Chair Schaps asked if the City has previously approved one Conditional Use Permit with three phases. • • • Planning & Zoning Board July 10, 1996 Mr. Wyland responded that as long as the footprint of the building does not change substantially, she would not see a need for them to reapply for the later two phases. Mr. Dunn asked if there has been a legal review of Mr. Carlson's situation. Ms. Wyland stated that she does not believe Mr. Carlson's landlocked parcel is a City issue. His options are to negotiate with church officials or purchase other property. Mr. Dunn asked if there are any neighborhood issues to be resolved. Mr. Tim Yantos, Chair of Shoreview Covenant Church Development Committee, stated that he is not aware of any concerns of the residents. He stated that the church would be in favor of reasonable discussions with Mr. Carlson. Past discussions have not been advantageous to the church's building plans. Mr. Dunn asked if there is an environmental impact analysis for surface water drainage. Mr. Ahrens stated that an Environmental Assessment Worksheet (EAW) is not required for this project. Encroachment on wetlands and storm water ponding have been reviewed by the Rice Creek Watershed District (RCWD). Ms. Wyland noted that the church had a wetland delineation prepared and is in the process of getting all necessary approvals from the RCWD. One concern is the name of Shoreview as part of the name of the church. Church representatives are considering a name change, but the City would not require it. Mr. Rick Carlson stated that when he built Woodridge Estates, he excluded the now landlocked parcel because he thought the area would be developed as residential. He has no objections to the church development but feels slighted if he is left out of options. He met with church officials in 1993, who indicated that the church is not interested in any type of land exchange. The property owner to the south has indicated that he is not interested in selling any property. He requested the Planning Board to grant him more time to resolve this issue. A meeting was scheduled for the previous week but did not take place. If the project is passed with a recommendation to negotiate, he does not believe the church will want to negotiate. He also approached the previous owner of the church property about purchasing it. That property owner was difficult to work with, and negotiations were unsuccessful. If his property remains landlocked, it will be worthless. Chair Schaps noted that there would be something to be gained for the church to work something out with Mr. Carlson. He noted that the church made no counter proposal to Mr. Carlson. He asked the time frame for building the church. • • • Planning & Zoning Board July 10, 1996 Mr. Yantos stated that plans are to begin construction in the fall. The proposal from Mr. Carlson in 1993 was not acceptable. He noted that the property was for sale for a long time. If Mr. Carlson has a different proposal, the church would be interested in discussing it. Mr. Dunn asked if Mr. Carlson has approached the membership of Woodridge Estates to see if they would be interested in purchasing his parcel. Mr. Carlson agreed that would be a possibility. Mr. Dunn asked if it is the church's intent to come back with a rezoning application for residential and then sell lots to pay off the church building. Mr. Yantos stated that the church has no plans for the remaining property at this time other than to work with the Park Board to possibly lease it for park needs in the area. Ms. Mary Ann McDougal, 6116 Baldwin Lake Road, stated that when the City rezoned the area from rural residential to R -1X, it failed to obtain property for a park. If a park is put in, she would have concerns about parking lot lights and additional drainage. Mr. Eldon Morrison, Project Architect, White Bear Lake, stated that the lighting poles will be 20 to 25 feet in height with shoebox fixtures to only shine downward into the parking lot. He added that two ponds will be constructed for the RCWD for the roof and parking lot drainage. Those ponds will filter water before it drains into the wetland area. The terrain will not change, and drainage will remain as it is now. Ms. Wyland noted that when Woodridge Estates was built, Mr. Carlson did pay the required park dedication fee. At that time there was not a land dedication requirement. Residents in the area have been vocal about the need for a larger park. Ms. McDougal stated that she feels very unsettled about what will happen to the church property that is adjacent to hers. Mr. Carlson wants to purchase it. The church wants to lease it to the City for a park. Traffic will increase on Oakwood Lane. She would prefer to see the property developed as residential. Chair Schaps noted that residential development would mean a road with more drainage from driveways and rooftops than from a parking lot for a park. Mr. Jenson stated that he lives on Lot 3 of Oakwood Lane. His main concern is the fact that everything is up in the air about how this vacant property will develop. Since the sign was put up, he has called the City approximately every six months to see what would be built. There has been no plan. The first time he and his neighbors heard anything about the church was a couple of days ago. It is short notice to figure out what is positive and negative. He stated that he • • Planning & Zoning Board July 10, 1996 was vocal about putting in a park and carried a petition for a tot lot on Oakwood Lane. There have been no public information meetings, which he believes is a step missing. Many ideas have been discussed, and he requested a 30 -day delay to give residents an opportunity to clarify what is taking place. Mr. Carlson stated that if the City decides that the vacant area should be park land and the church would be willing to negotiate a trade, he would make a commitment to dedicate that land to the City for a park. Mr. Don McMahn, 6116 Baldwin Lake Road, noted that the proposed trail through the vacant area would not have a destination. Ms. Wyland stated that the City has to put trails in when development occurs because that is the only time the City can require the necessary easements. Ms. Roxanne Lapadat, 130 Woodridge, Lot 10, stated that her biggest concern is that Oakwood Lane not be connected to County Road J, or access the church because of the increased traffic in the neighborhood. Chair Schaps stated that the plan does not include a connection to Oakwood Lane. Ms. Wyland added that there is no plan to extend Oakwood Lane. If it were to be extended, it would have to be part of a subdivision which would require another public hearing. Mr. Herr asked if there is any plan for the church to extend its driveway to Oakwood Lane. Ms. Wyland stated that there is an existing dirt trail, but no access is proposed and is not part of this Conditional Use Permit. Ms. Roxanne Lapadat, stated that the church has not asked for input from neighbors. Three days' notice is not very much time. Mr. Robinson stated that it seems to be the consensus of residents that there has been no contact by the church with surrounding neighbors to inform them of what is happening. He suggested foregoing the public hearing until the August meeting, when residents would be given another opportunity to speak to the Board. Mr. Melkey, 165 Ash Street, stated that he lives directly south of the church site. He is concerned about what will happen to the church land that is now wetland and woods and ponds. His property is 200 feet from the church site, and there has been no contact from church officials. He asked where the church driveway will be located. • Mr. Ahrens answered that the church will be accessed from County Road J. • • Planning & Zoning Board July 10, 1996 Mr. Melkey stated that the traffic moves at 50 miles per hour on County Road J. It is his understanding that Anoka County was not going to allow anymore driveways off County Road J. Mr. Ahrens responded that the church must receive a permit from Anoka County for the driveway access. Pastor Jim Anderson stated that he is the Pastor of Shoreview Covenant Church. He stated that the land adjacent to Mr. Melkey is delineated as wetland, and there is nothing the church can do to further develop it. Chair Schaps stated that there is a lot of concern on the part of neighbors about being left out of the loop of communication on this project. He suggested that church officials hold a neighborhood meeting as quickly as possible. It would be his recommendation to table this matter because there are too many unanswered questions and too many people do not know what is happening. Secondly, he urged the church Building Committee to meet with City officials and Mr. Carlson so the Board can be informed on the church's position with regard to Mr. Carlson's situation. There would be advantages in trying to come to a resolution with Mr. Carlson. Mr. Pantos stated that the church does not have access to phone numbers and addresses of the neighbors. It was the intention of the church to communicate through the formal process of this meeting. He stated that he is unsure that the church can accommodate Mr. Carlson's needs, and he does not know what more would be communicated in 30 days. The church is running into a problem with their lease at Snail Lake School which has been generous in allowing them to meet there. Also, the delay will have a major impact on the cost of this project to the church which has no outside sponsors. The payment for the church is from within. A 30 -delay would cost a $3 million project $4,000 because of the continuing increase in lumber prices. Chair Schaps stated that while he understands the time commitments of the church, this Board represents the entire community and has made commitments to the community. He does not want to minimize the impact of cost, but the church will be a neighbor in the community for many years, and he would like to see the whole process begin on the right foot. Ms. Wyland stated that she can supply the church with names and addresses on labels to notify property owners within 350 feet. Mr. Robinson stated that the Board is not asking the church to do something that is not required of every other developer. It is the responsibility of the Board to satisfy resident concerns and make sure they have the opportunity to know what is happening. He is not opposed to the church, but the proper groundwork was not done prior to this public hearing. • Planning & Zoning Board July 10, 1996 Chair Schaps stated that no one has a problem with the project, but the Board knows more than the neighbors who are present which is not right. The best thing to do is to make sure everyone attends the neighborhood meeting and has an opportunity to have their questions answered. Pastor Anderson stated that the biggest unknown is the vacant piece, and nothing has been determined about how it will be used. It will have to go through another permit process. He requested that the Board approve the building development on the southern portion of the property with conditions for future meetings. Chair Schaps stated that he would like to see issues resolved before he votes on the project. Ms. Paulette Anderson stated that she lives on parcel No. 5. When she moved to Lino Lakes she was impressed to hear the Mayor say that the community is growing so fast that development will have to be slowed in order to organize proper planning. She asked the Board to look at these 16 acres as a whole entity rather than piecemeal. If the Board decides that this development should move forward, all she is asking is that neighbors be informed. Mr. Bill Johnson made a MOTION to continue the public hearing until the August • meeting and was supported by Robinson. Motion carried 7 -0. Chair Schaps stated that if the church needs a place for a neighborhood meeting, the City would be able to make space available. Mr. Robinson left the meeting at 7:55 p.m. C. 96 -24, Baldwin Lake Court, Hodgson Road, Site Plan Review for Expansion of Manufactured Housing Park Ms. Wyland stated that Mr. Paul Howard, owner of the Baldwin Lake Court Manufactured Home Park, is requesting approval of a site plan to allow an expansion of the park with the addition of 19 doublewide home sites. Each would be provided with a garage. The property was zoned R -6 following a settlement agreement between the City of Lino Lakes and Mr. & Mrs. Howard in February 1992. The agreement provides for an expansion as long as certain conditions are met. The park has been in existence since the 1950's, and currently has 75 units. With this expansion, there will be 94 units. There will be a new access off Hodgson Road and one of the present access eliminated. This plan meets all of the requirements stipulated in the settlement agreement, and staff is recommending approval with the following conditions: • • Planning & Zoning Board July 10, 1996 1. A development agreement be drafted between the City and the Howards for all site improvements. Financial guarantees shall be posted to cover all improvements as determined by the City Engineer. 2. Proper building permits shall be obtained for all construction on the site. 3. The Park Board shall determine adequate park dedication in accordance with City policy. 4. A total of four entrances onto Highway 49 shall serve this development subject to Mn /DOT approval. 5. Proper permits shall be obtained from the RCWD. 6. The Howards shall provide the City with a set of rules and regulations governing the rental, operation and maintenance of the park including trash handling and location. 7 All conditions outlined in the Settlement Agreement dated February 25, 1992, shall be made a part of this permit. Ms. Wyland noted that the CSO Officer and City Forester have reviewed the site plan. The CSO Officer is working with the Howards on a crime prevention program for multi - family properties that has proven quite successful. Mr. Dunn expressed concern about the environmental impact with increased drainage toward Baldwin Lake. Mr. Ahrens stated that the storm water drainage will be reviewed by RCWD, and all necessary permits granted before the project can proceed. Mr. Howard, Owner of Baldwin Lake Court, stated that the project has been reduced from 21 units to 19 units to allow space for garages, which will have the same siding as the homes. He described access changes to eliminate the fire lane between Apple Lane and the new road. He has reviewed the access to the property with the Park Board and is proposing to put a fire lane from Apple Lane to Baldwin Circle to provide more than one access to the property. The Park Board believes this would also provide a future access to the trail system. Chair Schaps asked if staff has reviewed the access changes. Mr. Ahrens answered, no, and stated that the Fire Marshal will have to approve the new proposal. Chair Schaps requested that the project be subject to approval of the Fire Chief and police. He asked if the units have been leased and the terms of the leases. Mr. Howard stated that all units have been leased. The leases are on a month - to -month basis. He uses the standard lease form from the Office of the Attorney General. Bill Johnson made a MOTION to approve the site plan and Conditional Use iPermit, subject to the conditions outlined in the staff report, and subject to the 10 • • Planning & Zoning Board July 10, 1996 approval of the police and Fire Chief and was supported by Herr. Motion carried 6 -0. Chair Schaps left the meeting at 8:10 p.m., and Mr. Johnson presided over the meeting as Acting Chair. VI. Discussion Items A. Peltier Lake Subdivision /Roadway Extension Ms. Wyland indicated the property on the map that is owned by Mr. McGill. It is north and east of Peltier Lake and zoned rural. Mr. McGill would like to construct a home on a separate lot of record from a 90 -acre parcel. Rather than putting in a very long driveway (approximately 1/2 mile), he would like to see a City street constructed. The property owner is willing to dedicate the necessary right -of -way for the road. Mr. McGill indicated on the map what he believes to be a logical progression of residential development in the area and showed the road connection that he believes would make sense and be safer than a long driveway to access property he has. He would need to create the smaller lots because of the expense of the road. An access off 77th Street would relieve future traffic on 20th Avenue that will result from industrial and commercial development. There is an easement which indicates that at some time thought was given to future access. The adjoining property owner would be willing to dedicate the additional right of way needed. However, at the same time they would like to split their 5 acre parcel into two. Staff would not recommend approval of a 2 1/2 acre subdivision as the ordinance currently requires 10 acres in this location. He would like input from the Board before pursuing the project further. Mr. Johnson stated that a road may be needed to support development to the north. He asked if there is development potential north of Mr. McGill's property. Mr. McGill stated that there are 10- and 20 -acre parcels north of him, and development is perhaps 15 years into the future. Mr. Wessel stated that it is difficult to respond to this proposal without staff input. Staff has not had the opportunity to meet with the property owners. He suggested a meeting with staff, so that specific suggestions can be brought to the Board. Mr. Johnson agreed that more information would be needed to respond to the proposal. Mr. Gelbmann expressed concerns about the 10 -acre minimum. 11 • • • Planning & Zoning Board July 10, 1996 Mr. Dunn asked if sewer and water is available. Ms. Wyland stated that there is no sewer and water in the area, nor is any planned in the near future. Mr. Herr stated that the project could be risky because of the minimum 10 -acre requirement. Without sewer and water available, a variance would be required for the smaller lots which would be a difficult precedent for the Board to set. He suggested using the easement as a driveway until City sewer and water become available. Mr. Johnson noted that this area should be reviewed as part of the updated Comprehensive Plan because it will be developed within the life of the new plan. VII. ADJOURNMENT Mr. Don Dunn made a MOTION to adjourn the meeting at 8:25 p.m. and was supported by Mr. Herr. Motion carried. 12