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HomeMy WebLinkAbout02/08/1995 P&Z Minutes• • PLANNING & ZONING BOARD February 8, 1995 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT: ALSO PRESENT : February 8, 1995 6 :33 P.M. 58 P.M. Gelbmann, Landers, Mesich, Nordine, Robinson, Schaps, Schones Planning Coordinator Wyland, Building Inspector Pete Kluegel, Planning Consultant Brixius, and Acting City Engineer Powell. I. II. IV. CALL TO ORDER AND ROLL CALL APPROVAL OF MINUTES: Al Robinson made a MOTION to approve the minutes of the January 11, 1995 meeting as submitted and was supported by John Landers. All voted aye. Motion carried. APPROVAL OF AGENDA: Chairman Schaps noted a change to the agenda regarding item V. D., this item would be continued until the March 8, 1995 meeting. Chairman Schaps indicated the Department of Natural Resources had not had an opportunity to give an opinion and this is the reason for the continuation. Al Robinson made a MOTION to approve the agenda as amended and was supported by Ed Schones. All voted aye. Motion carried. OPEN MIKE: Chairman Schaps declared the Open Mike portion of the meeting opened at 6:36 p.m. Chairman Schaps at this time asked if anyone in the audience wished to address the Planning and Zoning Board regarding issues not already on the agenda. Kim Sullivan addressed the Board with an update of the 20/20 Vision Community meetings held on January 25 and 26. Ms. Sullivan noted measurable interest in the City for the project, approximately 250 residents were involved in the two day meetings or wrote her. Ms. Sullivan briefly reviewed information that was discussed at these meetings and the results. Ms. Sullivan noted the main concerns of residents were: 1. Citizens desire a balance of growth in the city, with environmentally friendly and in appearance, reflect the community's strong environmental flavor. • • PLANNING & ZONING BOARD February 8, 1995 2. Citizens desire to maintain wetlands and wildlife habitats. 3. Citizens want this growth to follow a documented plan about which they are consistently informed. 4. Citizens want concentrated development: town square, commercial /light industrial parks, residential areas and open space. 5. Citizens want a community center. 6. Citizens want more community activities, organized recreation and education. 7. Citizens want more information about city business issues. Ms. Sullivan indicated advisory groups will be formed, made up of 12 -15 members each. Any individual wishing to be on an advisory group should apply, Ms. Sullivan has created a two page form that will be filled out and the applicant is asked to indicate why they are interested in the group and provide their qualifications. Ms. Sullivan noted these advisory groups will meet for approximately eight to ten weeks and then regroup and form recommendations to the city council and boards Mr. Mesich inquired how the groups will contain a group with a variety of ideas and concerns. Ms. Sullivan indicated this is the reason for the applications, this will provide an avenue for reviewing the individuals and establishing a variety for the groups. Chairman Schaps thanked Ms. Sullivan for her information. Al Robinson made a MOTION to close the Open Mike portion of the meeting and was supported by John Landers. All voted aye. Motion carried. Open Mike portion was closed at 6:45 p.m. V. PLANNING ITEMS: A. 95 -3 -P, Hardwood Creek, 7979 24th Avenue, Minor Subdivision. Planning Coordinator Wyland indicated Mr. and Mrs. Erickson, owners of the property at 7979 24th Avenue, known as Hardwood Creek Farm, have reconsidered their requested minor subdivision submitted at the January Planning and Zoning Board meeting. The revised request is to split a 10 acre parcel, containing the dwelling, from the 50+ acre site. Ms. Wyland indicated this 10 2 PLANNING & ZONING BOARD February 8, 1995 IIIacre parcel will meet the lot area and street frontage requirements for the rural zoning district. • • Ms. Wyland indicated staff has reviewed the request and would recommend approval of the minor subdivision as submitted with the following conditions: 1. A park dedication fee in the amount of $500 be collected prior to recording of the minor subdivision with Anoka County. John Landers made a MOTION to approve the Minor Subdivision as submitted with conditions listed by staff and was supported by Tom Mesich. All voted aye. Motion carried. Chairman Schaps noted this item will be reviewed by the Lino Lakes City Council at their February 13, 1995 meeting. B. PUBLIC HEARING, 95 -3 -C, Kids at Heart Child Care, 7330 Lake Drive, Conditional Use Permit. Chairman Schaps OPENED the public hearing at 6:50 p.m. Planning Coordinator Wyland, indicated the Kids at Heart Child Care Center is located at 7330 Lake Drive in the Gethsemane Methodist Church building. They have been at this site since January of 1993 and hold a license from the State of Minnesota for 35 children. Ms. Wyland noted that recently a request was submitted to the State to increase the number of children to 42. Ms. Wyland noted the State Licensing Division, Fire Marshall, the Building Inspector and herself have inspected the site and found it to be in compliance with all applicable requirements. She indicated the Conditional Use Permit will be subject to various State Inspections and City review on an annual basis. Ms. Wyland indicated staff recommends approval of the Conditional Use Permit with the following conditions: 1. A License from the Minnesota Department of Human Services be maintained at all times. 2. Access to the premises be provided upon notification of annual and periodic inspections from appropriate City Staff. 3. An increase in the number of children to be served in the facility will require modification of the license from the State. Staff would require 3 • • • PLANNING & ZONING BOARD February 8, 1995 notification of any increase and inspection by the building inspector and fire marshall to determine adequacy of structure but waive the requirement of an Amended Conditional Use Permit. Mr. Landers indicated concern if the facility was notified of an upcoming inspection, problem areas would be missed regarding care of the children. Mr. Robinson indicated notification would help staff identify people in the building, that normally would not be present. Mr. Mesich indicated the City is not qualified to denote any problem areas in the care giving, that would be up to the Licensing Division, therefore notification would be a mute issue. Chairman Schaps invited anyone who had comments regarding this public hearing to step forward. Mr. John Dorsuch, 7252 Stage Couch Road, indicated since the area is being reviewed, he would like to see a cul- de -sac instead of a dead end street, for traffic purposes. Mr. Dan Cook, 7290 Stage Couch Road, indicated drainage problems due to a ball field constructed on the church property. City Engineer Powell indicated the issue would be reviewed in the spring. Mr. Cook indicated he was not opposed to the day care, but just wanted the drainage issue addressed. Al Robinson made a MOTION to close the public hearing and was supported by Rick Gelbmann. All voted aye. Motion carried. Public hearing was CLOSED at 7:08 p.m. Ed Schones indicated he would like to add a fourth condition directing staff to review the drainage and grading issues and address them this spring. Ed Schones made a MOTION to approve the Conditional Use Permit for Kids at Heart Child Care, 7330 Lake Drive with the stated four conditions and was supported by Al Robinson. All voted aye. Motion carried. Tom Mesich abstained from voting. C. 95 -5 -P, Wayne Scanlan, 6848 Otter Lake Road, Minor Subdivision Planning Coordinator Wyland indicated Mr. Wayne Scanlan, owner of the Otter Lake veterinarian Clinic at 6848 Otter Lake Road, is requesting a Minor Subdivision to split a 4.01 parcel of property from his 5.45 acre lot. Ms. 4 PLANNING & ZONING BOARD February 8, 1995 • Wyland noted both the existing lot and the newly created lot will meet the lot size requirement. • • Ms. Wyland indicated the City's Economic Development Advisory board would recommend approval of this proposed lot split. The property is intended to be sold for the development of a pet supply and dog training facility. Ms. Wyland added a site plan review will, most likely, be submitted for Planning and Zoning Board review in the near future. Ms. Wyland indicated staff has reviewed this request and would recommend approval of the Minor Subdivision with the following condition: 1. A Park Dedication fee in an amount as determined by Ordinance No. 5 -91 be submitted prior to issuance of any building permits for the site. This fee is determined based on both the use of a building and the size of said building, therefore, a determination of the actual Park Dedication Fee can not be made at this time. Mr. Landers inquired if the dogs would be housed on site. Ms. Wyland indicated they would not be housed, it would be a training facility only. Mr. Scanlan indicated the facility would be used for obedience and show training. Chairman Schaps inquired as to what time frame the developer is estimating completion. Mr. Scanlan indicated a fall goal has been set for completion. Mr. Schones indicated concern that an on -site septic system would be allowed on a small acre parcel. Ms. Wyland indicated their is not a 10 acre requirement for industrial zones. John Landers made a MOTION to approve the Minor Subdivision for 6848 Otter Lake Road, with stated condition and was supported by Al Robinson. 6 voted aye 1 nay, Mr. Schones voting nay. Motion carried. D. Shoreland Management Ordinance. CONTINUED TO MARCH MEETING. E. PUBLIC HEARING MUSA Amendment. Planning Consultant Brixius indicated a "Neighborhood Meeting" was held on Thursday, February 2, 1995. He indicated the meeting was well attended. As a result of the meeting, approximately six properties were removed 5 PLANNING & ZONING BOARD February 8, 1995 III from the designated growth area and a few properties added. • • Mr. Brixius presented a report regarding the MUSA amendment and its contents. Mr. Brixius noted the designated growth areas and estimated growth rate. Mr. Brixius explained the designated growth areas are areas that are anticipated to have the greatest pressure to develop, due to surrounding existing developments. Mr. Brixius reiterated, although an area is designated, it in no way states that this area will be developed, that will be up to the individual property owner. Mr. Brixius indicated the benefit of the Land Bank procedure is so that property owners are not required to pay inflated taxes due to property value based on designated MUSA land. He indicated this would give the owner an opportunity to decide whether their property should be developed or not, if undeveloped it would not be included in MUSA designation. Mr. Robinson inquired if there is 40 acres to be developed but only 20 acres is buildable and the rest is wetland, is the entire amount contributed as MUSA land. Mr. Brixius indicated only the buildable land would be attributed to MUSA land. Mr. Schones indicated that the fact that Lino Lakes contains so much wetland, should be a viable cause for the Met Council to review the flexibility requests. Mr. Brixius indicated actually the Charter will be more viable as an indication of unique features in Lino Lakes. Chairman Schaps CONTINUED the public hearing at this time and opened the floor for public comment. Mr. Christopher Lyden, 6275 Holly Drive, inquired if the City decides that 300 homes a year is too much for development, what is the recourse. Mr. Brixius indicated the City will continue to have control on the amount of development and what kind of development. Mr. Lyden indicated he did not feel the Land Bank would provide efficiency and believed it to be premature. Mr. Gelbmann indicated the efficiency referred to regarding the amendment, is in regards to providing urban services, such as utilities, emergency services, not how the City develops and how many house can be developed in one year. Ms. Amy Donlin read a letter from her father, Mr. Art Hawkins regarding the MUSA amendment. He had indicated he felt further review should be made and numbers verified before the City move forward. Mr. Hawkins did • • • PLANNING & ZONING BOARD February 8, 1995 state the proposed ordinance presented a wealth of information for long -range planning, but hoped the word was not final yet. Ms. Donlin then indicated resident concerns for well rounded development and not just roof top development. Mr. Maurice Chenal inquired if the MUSA would require low cost housing to be included in development. He also inquired as to the determination of affordable housing. Mr. Brixius indicated affordable housing is based on the regions average income, and currently Lino Lakes has one - third of stock of homes that are under $90,000. Mr. Gerald Clausen, 6129 Baldwin Lake Road, indicated he was against the requirement for residents to hook up to city sewer. He believes his property would not benefit from city sewer and would only impose unnecessary additional taxes. Mr. Powell indicated clarification, residents will not be forced to hook to city sewer as dictated by the City Charter. Mr. Powell indicated because the MUSA is designated does not mean the sewer will be developed. Mr. Powell also indicated when assessments are made, the burden of proof falls on the City to show that utilities will appreciated the value of the property. If this cannot be proven in an amount at least equal to the proposed assessment, the assessment is not allowed. Mr. Powell noted for information that other areas such as North Oaks has had contamination to on -site septic systems and sometimes on -site septic system can provide for a catastrophic circumstances. Mr. Paul Montain indicated support for the MUSA amendment and noted he believed this to be a tool to help the City better plan development in the future. He noted residents are not forced to develop, but those who wish to develop their land can then have an opportunity to apply for MUSA designation. Ms. Sue Moliter, 7806 Sunset Avenue, indicated support for the MUSA amendment and noted she was impressed with the City staff and all their efforts. Ms. Moliter indicated she had attended the 20/20 Community meeting and the concern was for proper planning. She believed the MUSA amendment is the preliminary stage and will compliment the goals of the residents, therefore there would be no reason to wait to proceed with the amendment. Ms. Moliter indicated the rights of all residents need to be insured, including the residents who wish to develop portions of their properties. 7 • • PLANNING & ZONING BOARD February 8, 1995 Ms. Tracy Douglas, 540 Lilac Street, indicated support for the MUSA amendment. Mr. Duff Dorshner, 307 Lilac Street, inquired if he wished to divide his property how would his taxes be affected. Mr. Brixius indicated his taxes would not be affected until the time of actual development, excluding any increase in property value. Mr. John Johnson indicated support for the MUSA amendment, he is representing Mr. Gary Uhde who will be developing 40 acres in the Behm's Century Farms project. Mr. John Thompson indicated his property is located along Baldwin Lake Road and is in support of the MUSA amendment. He believes the Land Bank system to be a practical way to development Lino Lakes. Mr. Roger Weisner, 499 -62nd Street, indicated support for the MUSA amendment and is looking forward to development. Ms. Alice Junes inquired how her land that has been designated as growth area could be developed, since over 50 percent is wetland. Mr. Brixius indicated that her land would not be developed unless she requested platting and then she would apply for MUSA designation, if it is not in the desire of the owner to develop they do not have to develop. Mr. Tom Donlin indicated general support for Land Banking, but noted a couple of problems. First he indicated transportation will have to be addressed, and secondly schools. Mr. Chris Lavear, indicated he believed the City should slow down and wait for the recommendations of the 20/20 Community Project. Mr. Mesich inquired as to amount of land zoned R -1 and R- lx. Mr. Brixius noted except for a small portion the land is not zoned. Mr. Mesich indicated then the City still has control over the development that would be constructed. Mr. Brixius indicated this would be correct. Chairman Schaps indicated there is also the possibility that the Met Council might not even accept this MUSA amendment. Ms. Sharon Lane indicated her support for the 20/20 Community Project and felt the City should wait until June when recommendations from the community have been made. • • • PLANNING & ZONING BOARD February 8, 1995 Ms. Wyland indicated she had received a letter from a resident from, 505 62nd Street, wished not to be included in the designated growth area. Ms. Caroline Dahl indicated she would like the City to wait until the recommendations of the Community Project are presented. Chairman Schaps indicated this MUSA amendment provides a vehicle by which to develop, but does not establish developments. He indicated this would also provide for flexibility against citizens being unfairly taxed if the land is never going to be developed. Mr. Schones indicated his desire to wait on a decision. Ms. Nordine commented that moving forward would not affect the recommendations of the 20/20 Community Project. Mr. Robinson publicly thanked Ms. Nordine for her contributions to the Planning and Zoning Board, this would perhaps be Ms. Nordine's last meeting. (Ms. Nordine excused herself at 9:05 p.m.) Ms. Wyland noted that she had received a letter from Ray Miller, property owner along 62nd Street, who would like to be included in the designated growth area. Mr. Tim Kytonen indicated support for the MUSA amendment and noted interest in developing land south of Fox Trace. Mr. Tom McDonough indicated support for the MUSA amendment as a property owner near Ash Street and Baldwin Lake Road. Ms. Joyce Sharpen indicated support for the MUSA amendment, she noted the City should proceed and not wait. Al Robinson made a MOTION to CLOSE the public hearing and was supported by Tom Mesich. All voted aye. Motion carried. Discussion was held at length regarding the MUSA amendment. Ed Schones made a MOTION to table the MUSA amendment until a later date and was supported by John Landers: Ayes: Schones, Landers Nays: Gelbmann, Mesich, Schapes Robinson Motion was failed. 9 • • • PLANNING & ZONING BOARD February 8, 1995 Al Robinson made a MOTION to approve the MUSA amendment and was supported by Rick Gelbmann. Ayes: Robinson, Gelbmann, Schaps, Mesich Nays: Landers, Schones Motion carried. Chairman Schaps called a brief recess at 9:25 p.m. The meeting was reconvened at 9:38 p.m. F. Ordinance N. 1 -95 Revisions to Fence Ordinance PUBLIC HEARING. Chairman Schaps OPENED the public hearing at 9:39 p.m. Planning Coordinator Wyland indicated at the request of our Building Inspector, City Staff has reviewed the existing fence ordinance and proposed changes. Ms. Wyland indicated staff has reviewed the fence ordinance in several adjoining communities including Circle Pines, Blaine, Hugo, Forest Lake, White Bear Township, New Brighton, and Arden Hills. Al Robinson made a MOTION to CLOSE the public hearing and was supported by Rick Gelbmann. All voted aye. Motion carried. Discussion was held regarding fence requirements for businesses. By consensus the addition to condition number six was removed and left as originally written. Rick Gelbmann made a MOTION to approve the Ordinance Amending the Fence Ordinance and was supported by Al Robinson. All voted aye. Motion carried. VI. DISCUSSION: Mr. Landers requested information regarding low income housing at a future meeting. VII. ADJOURNMENT: Al Robinson made a MOTION to adjourn the meeting. All voted aye. Motion carried. The meeting was adjourned at 9:58 p.m. 10