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HomeMy WebLinkAbout01/11/1995 P&Z MinutesPLANNING & ZONING BOARD January 11, 1995 • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED PRESENT: ALS O ;PRESENT January 11, 1995 6 :30 P.M. 9:45 P. M. Gelbmann, Landers, Mesich, Nordine, Robinson ' Schaps, Schones Planning Coordinator Wy land, Planning Consultant Brixius, and Acting City Engineer Powell I. II. IV. • CALL TO ORDER AND ROLL CALL: APPROVAL OF MINUTES: Mr. Gelbmann made a few changes to the minutes of November 9, 1994; page seven under number five: add the comment especially along Otter Lake Road regarding pedestrian traffic. Regarding the next paragraph: add specifically Tom Mesich made a MOTION to approve the minutes of the November 9, 1994 meeting as corrected and was supported by John Landers. All voted aye. Motion carried. APPROVAL OF AGENDA: There were no additions or deletions to the agenda. OPEN MIKE: Chairman Schaps declared the Open Mike portion of the meeting opened at 6:35 p.m. Chairman Schaps at this time asked if anyone in the audience wished to address the Planning and Zoning Board. Kim Sullivan came forward to inform the Board of the Community Planning Project 20/20 Vision. Ms. Sullivan invited the community to join in this community forum. She indicated Board members are welcome as citizens of Lino Lakes. Ms. Sullivan indicated there will be two forums one on Wednesday, January 25, 1995 from 7 p.m. to 10 p.m. The location for this forum is the Rice Lake Elementary School gymnasium. The second forum will be held Thursday, January 26, 1995, from 7 p.m. to 10 p.m. at the Wargo Nature Center. Ms. Sullivan indicated these forums are open to all residents, business owners, and anyone with an interest in the future of our city. She indicated following the • PLANNING & ZONING BOARD January 11, 1995 forums, community work groups will be formed around these issues to develop recommendations for the City. Al Robinson made a MOTION to close the Open Mike portion of the meeting and was supported by Rick Gelbmann. All voted aye. Motion carried. Open Mike portion was closed at 6:44 p.m. V. PLANNING ITEMS: A. 95 -1 -P, Steve & Deanna Haeq, 171 White Pine Road, Minor Subdivision. Planning Coordinator Wyland presented a report regarding this request for a minor subdivision. Ms. Wyland indicated in May of 1993 the Planning and Zoning Board and Council approved a subdivision for Mr. Haeg. A home has been constructed on the newly created lot and the buyers would like to purchase an additional 40 feet of property from Mr. Haeg. Ms. Wyland indicated staff has reviewed the request and would recommend approval with the condition that Park Dedication fees be waived. A Park Dedication Fee of $550 was collected with the previous subdivision. Mr. Landers inquired as to the acreage from which this 40 foot extension would be coming from. Ms. Wyland indicated the area the portion would be coming from is approximately 14+ acres. Ed Schones made a MOTION and was supported by Al Robinson to approve application 95 -1 -P for a minor subdivision with stated conditions set by Staff. All vote aye. Motion carried. B. 95 -2 -P, K -G Development, 84 White Pine Road, Minor Subdivision. Ms. Wyland presented a Staff report regarding the application for a minor subdivision. Ms. Wyland indicated the Planning and Zoning Board will recall granting preliminary approval to a plat for the Woods of Baldwin Lake 2nd Addition in October of 1994. Since that time, Mr. Goertz, the developer, has sold an existing home on the property and would like to close on the sale prior to Final Plat. To facilitate this closing, a minor subdivision is necessary to split the existing homesite from the balance of the plat. Ms. Wyland indicated Staff recommends approval of this minor subdivision with the following conditions: 2 • PLANNING & ZONING BOARD January 11, 1995 1. The newly created lot be made a part of the Final Plat for the Woods of Baldwin Lake 2nd Addition. 2. Park Dedication for this lot be included in the overall Plat for the Woods of Baldwin Lake 2nd Addition. 3. Utilities be provided, and assessments collected, as a part of the Woods of Baldwin Lake 2nd Addition. Mr. Landers inquired as to the depth of the lot, the minimum is 135 feet. Ms. Wyland indicated the lot is 135 feet and the 132 foot notation was a typographical error. Mr. Goertz assured the Board that the depth would be 135 feet. Ed Schones made a MOTION and was supported by John Landers to approve application 95 -2 -P, K -G Development, 84 White Pine Road, Minor Subdivision with stated conditions. All voted aye. Motion carried. C. 95- 3 -P /V, Nancy Erickson, Hardwood Creek Farm, 24th Avenue & 80th Street, Minor Subdivision and Variance. Ms. Wyland presented a Staff report regarding the application for a Minor Subdivision and Variance. Ms. Wyland indicated Hardwood Creek received approval in November of 1994 to move a house on to the north /east corner of their site at 80th Avenue and Elmcrest. They would now like to sell this dwelling but maintain ownership of the horse arena. Therefore, they are requesting a minor subdivision. Ms. Wyland indicated Staff has reviewed the request and would recommend approval of the minor subdivision and variance for lot area. Hardwood Creek forms an obvious natural barrier and provides a unique characteristic to this property. At this time, the area west of the creek is used as pasture land for the horse arena and is not easily accessible to the property on the east side of the creek. Staff further believes any danger in setting a precedent concerning lot area is eliminated by the obvious physical characteristics of this site and the nature of Hardwood Creek. Ms. Wyland reviewed the criteria required in the granting of a variance. Ms. Wyland indicated Staff would recommend approval of the minor subdivision and variance 3 • • • PLANNING & ZONING BOARD January 11, 1995 request to allow a 7.24 acre parcel in a Rural Zoning District as it meets four out of the six requirements for a variance. Ms. Wyland indicated Staff also recommends the following condition: 1. A Park Dedication fee in the amount of $550 be collected prior to recording the minor subdivision with Anoka County. Mr. Mesich inquired if the creek has water throughout the year. Ms. Wyland indicated this creek has water continually. Chairman Schaps inquired as to the width of the creek and indicated it was a protected water source. Mr. Erickson indicated the normal width of the creek is between 10 and 15 feet. Mr. Schones inquired if the issue is the 10 acre minimum. Ms. Wyland indicated this was correct. Mr. Robinson indicated the ordinance states there is to be a 10 acre minimum and he felt this should be followed. Ms. Nordine indicated even though the creek is there, a 10 acre parcel could be created. Mr. Landers indicated concern for enough room on a smaller parcel, should the septic system fail. Mr. Erickson, the applicant, indicated even if a 10 acre parcel was created, a back up system would not be feasible on the other side of the creek. Chairman Schaps inquired if there was any other reason the creek was used other than a natural dividing line. Mr. Erickson indicated this was true, they felt that granting a variance due to the natural contour of the land was a reason for the variance. Chairman Schaps inquired if the application was based on economics. Mr. Erickson indicated this to be a consideration since pasture lands and fences would have to be moved. Mrs. Erickson indicated also if the full 10 acres were made available, they would not have enough land for pastures. Chairman Schaps inquired of the applicant if there would be an option to the 7.24 acres. Mr. and Mrs. Erickson indicated there would not be. 4 • • PLANNING & ZONING BOARD January 11, 1995 Ed Schones made a MOTION to approve application 95- 3 -P /V, Minor Subdivision and variance, and was not supported. Al Robinson made a MOTION and was supported by Kathleen Nordine, to return application to Staff for further consideration. Six voted aye with one voting nay. Commissioner Ed Schones voted nay. Motion carried. D. PUBLIC HEARING - Shoreland Management Ordinance. Chairman Schaps OPENED the public hearing at 7:13 p.m. Planning Consultant Alan Brixius presented a report regarding the Shoreland Management Ordinance. Mr. Brixius reviewed the current ordinance, comparing it to the proposed ordinance and the model ordinance supplied by the DNR. Mr. Brixius indicated the City is requesting flexibility in its Shoreland Ordinance from the State Model Ordinance with specific regard to minimum single family and medium density lot sizes, impervious surface requirements and allowable densities in Planned Development Overlay (PDO) Districts. Mr. Brixius indicated this is a mandate by the State of Minnesota for municipalities to update their Shoreland Ordinance. Ms. Nordine inquired regarding the development of the Marshan Townhomes, how would this effect the development. Mr. Brixius indicated this ordinance would significantly affect the development. Mr. Brixius indicated the new ordinance would require 25% reduction alone, not even taking into account additional green space required. Mr. Brixius indicated the deadline for the completion of the ordinance was year end 1994 and the City has received an extension until March 1, 1995. Mr. Art Hawkins, Centerville Road, addressed the Board. Mr. Hawkins indicated a discrepancy regarding setbacks from the lake. In one area of the ordinance it states 150 foot setback and in another portion a 200 foot setback. Mr. Hawkins noted from the DNR handbook their requirement is 150 feet. Mr. Hawkins also indicated a concern for setbacks from the road, he felt this should remain at 50 feet and not be reduced to 40 feet. 5 • • PLANNING & ZONING BOARD January 11, 1995 Mr. Hawkins indicated Natural Environment Lakes should be recognized as valuable to the City with further regulations to protection them. Mr. Brixius indicated the ordinance will indicate a 150 foot setback from the high water levels. Mr. Brixius indicated the 40 foot roadway setback was established to have consistency throughout the City, this would not be in regards to roads impacting the Lakes. J.B. Houchins, addressed the Board. Mr. Houchins indicated any pollutants will affect the lakes and pollutants will come from density and impervious surfaces. Mr. Houchins would like to see stricter requirements regarding impervious surfaces. Amy Donlin, Centerville Road, addressed the Board. Ms. Donlin indicated concern regarding enforcement of the requirement set forth. Ms. Donlin was not sure how to approach the problem, but felt perhaps additional City Staff would be needed. Ms. Donlin also indicated she would like to see what the consequences would be should someone violate the requirements. Ms. Donlin indicated a 50 foot setback from the roads would be more appropriate. Wayne LeBlanc, Centerville, encouraged Staff to follow standards set by the DNR. Mark Lindblad, Blackduck Drive, inquired if a specific development was in mind when the flexibilities were designated. Mr. Brixius indicated the Marshan Townhomes were somewhat in mind, but also a new ordinance was required by State mandate. Mr. Brixius indicated other issues were apparent in requesting flexibilities. Mr. Lindblad encouraged Staff to continue their work, and would like to see stricter requirements than current ordinances hold. Al Robinson made a MOTION, and was supported by Tom Mesich to CONTINUE the public hearing to February. All voted aye. Motion carried. Mr. Brixius indicated Staff would welcome any direction from the Board regarding the ordinance. Mr. Gelbmann indicated he would like to see an illustration of the impact this ordinance will have on 6 PLANNING & ZONING BOARD January 11, 1995 the city. Mr. Brixius indicated this could be provided to the Board. Chairman Schaps indicated he would like to review a copy of the model ordinance from DNR. Mr. Schones indicated concern for being able to undo any damage that has already been done. Mr. Brixius indicated properties will become nonconforming properties and will be approached in that manner. Mr. Mesich indicated concern for the amount of impervious surface allowed in commercial areas, he felt it was too much. Mr. Mesich also indicated he would like to see consequences established if requirements are not met, especially regarding failed septic systems. Chairman Schaps called a brief recess at 8:22 p.m. The Board reconvened at 8:34 p.m. VI. DISCUSSION: A. MUSA Expansion Mr. Brixius presented a report regarding the MUSA Expansion. Mr. Brixius indicated the City of Lino Lakes faces serious constraint on future community growth due to a diminishing supply of buildable land within its urban service area. Since the adoption of the 1981 Comprehensive Plan, the City has expanded its MUSA both in 1987 and 1990. However, changing development trends and new development regulations have significantly impacted the City's supply of available buildable MUSA land. Mr. Brixius added the implementation of the 1991 Minnesota Wetland Conservation Act has significantly reduced both the supply of buildable land and development densities in the City's MUSA. Mr. Brixius indicated recognizing the constraints that confront the City's growth, Lino Lakes has prepared this Comprehensive Plan update to expand the City's 2000 MUSA and establish a land bank for the distribution of the MUSA within the City's development area. Mr. Brixius indicated the plan amendment is intended to establish plans and policies that will serve as guidelines for managed growth through the year 2000. Discussion was held at length regarding the ramifications of the MUSA expansion. 7 • • • PLANNING & ZONING BOARD January 11, 1995 Mr. Brixius indicated he would like direction from the Board and a public hearing to be held in February so as to continue the process, since part of the process will be to have Met Council approval. Discussion was held as to the necessity of waiting for results of the 20/20 Vision and community comments. Al Robinson made a MOTION, and was supported by Kathleen Nordine, to hold a public hearing on February 8, 1995. All voted aye. Motion carried. VII. ADJOURNMENT: Upon unanimous consent of the Board the meeting was adjourned at 9:45 p.m. Respectfully submitted, Ruth McLaurin TimeSaver Off Site Secretarial 8