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HomeMy WebLinkAbout11/08/1995 P&Z Minutess r PLANNING & ZONING BOARD NOVEMBER 8, 1995 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE is TIME STARTED TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT'': ALSO PRESENT November 8, 1995 6•34 p.m. 9:15 p.m. Gelbmann, Herr, Johnson, Mesich, Robinson, IEchaps, Schones None Planning Coordinator Wyland, Planning Consultant; Kirmis, Economic Developme Director Wessel, City Engineer Ahrens. I. II. IV. V. CALL TO ORDER AND ROLL CALL: t APPROVAL OF MINUTES: Al Robinson made a MOTION to approve the minutes of the October 11, 1995 meeting as submitted and was supported by Ed Schones. Motion carried 5 -0 -2 (With Commissioners Herr and Mesich abstaining). APPROVAL OF AGENDA: No changes were made to the agenda. Chair Schaps noted for the audience that items D and E Public Hearings, will be opened and continued to the December meeting of the Planning and Zoning Board. OPEN MIKE: Chair Schaps declared the Open Mike portion of the meeting open at 6:35 p.m. Hearing no public comments at this time, Tom Mesich made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m. and was supported by Al Robinson. All voted aye. Motion carried. ACTION ITEMS: A. PUBLIC HEARING - ANIMAL ORDINANCE Chair Schaps Opened the Public Hearing at 6:37 p.m. Planning Coordinator Wyland indicated the Planning and Zoning Board briefly reviewed the Draft Animal Ordinance at their July meeting. Ms. Wyland introduced Officer Kenow to review the proposed animal ordinance. Officer Kenow reviewed the proposed ordinance versus the current ordinance indicating the differences and the updates. Officer Kenow reported the key differences between the proposed ordinance and the current ordinance are: • • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 1) Increase in limit of dogs per household. 2) Private kennels allowed in all zoning districts with a CUP on a one acre parcel. 3) Licensing of cats. 4) Feces disposal. 5) Clear definition and specific nuisance. 6) Dangerous dog /wild animal match state statute definition. Officer Kenow indicated the proposed ordinance was being presented to enable the citizens to generate their input and comments so the ordinance could be updated to fit Lino Lakes. Mr. Herr inquired if the definition of control indicated "and /or" voice. Officer Kenow indicated it would denote "or" voice control due to some trained animals that are able to be controlled by voice. Officer Kenow indicated it has been suggested perhaps licensing could be done at the same time that vaccinations are given. This would simplify the requirements. Officer Kenow also noted in regard to Wild Animals, ferrets are included. Officer Kenow indicated the requirements under the proposed ordinance would be in regard to an adult dog over six months old. Mr. Steve Andre, 494 Ash Street, presented the Planning and Zoning Board with a memo indicating his view of the proposed animal ordinance. Mr. Andre served on the neighborhood committee which reviewed the current ordinance. Mr. Andre suggested the following: 1) No change to the current ordinance regarding the maximum number of dogs allowed in Private Kennels ( 4 adult dogs maximum ). 2) No change to the current ordinance regarding zoning for Private or Commercial Kennels (no commercial Kennels in "R" and "R -X" zones). 3) No change in the current ordinances regarding minimum acreage requirements for Private Kennels (5 acre minimum). 4) No change to the current ordinance regarding the number of dogs allowed per household. (2 dog limit). 5) Change the proposed ordinance 502.5 Subdivision 5C(4) to: separate housing and runs for dogs shall be a minimum of 350 feet from the 2 • • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 neighboring habitable dwelling and a minimum of 50 feet from the property line. 6) Change the proposed ordinance 502.6 Subdivision 3a (1), (2), and (3) to: To bark, bay, howl, or make any loud noise; 1) between the hours of 8:00 p.m. and 8:00 a.m.; or 2) consistently for a period of five minutes or longer between the hours of 8:00 a.m. and 8:00 p.m. Mr. Andre indicated there had been only one call regarding cats in 1994 and only one thus far this year. Mr. Darrell Cooper, a dog business owner indicated there needs to be an updated ordinance. Mr. Cooper suggested mandatory education of the owners with licensing of animals. He felt this would decrease the amount of money the City spends controlling animals. Mr. Cooper also suggested the limit for dogs be three, not necessarily a two species limit such as two dogs, one cat per household. He noted there are many families who wish to breed or have hunting dogs that would be in violation if the two dog limit was upheld. Ms. Dorothy Perkins of 1245 Main Street, felt the proposed ordinance was good, but perhaps restricted the private owner too much and encouraged kennels more. Ms. Perkins also indicated she would not like the species restricted, she would prefer to have three cats than two and one dog. Mr. Donald Dunn, indicated the proposed ordinance should be reasonable, fair and enforceable. He felt the ordinance should address nuisance even more restrictively. He felt the non - animal owners should also be protected. Mr. Dunn felt the five acre limit for kennels is working and encouraged the Board to stay with this limit. Ms. Pam Lyons of 6339 Maple, indicated the City needs guidelines to help enforce the ordinance. She did not feel it was in the best interest of the City to reduce the acreage requirement for kennels. Mr. Mesich, who worked on the proposed ordinance, indicated the committee reviewed ordinances used in nearby communities and tried to draft an ordinance that would work for Lino Lakes and be somewhat consistent with the neighboring cities. 3 • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. John Sullivan indicated he has dogs for companionship and feels two is plenty. He felt commercial kennel requirements should apply for three dogs and up. Mr. Sullivan also felt it was a good idea to make education a requirement for licensing. Chair Schaps indicated it was his view that the draft was not ready for any action by the Board at this time. He suggested the Public Hearing be continued to the December worksession. Mr. Johnson indicated kennels should be identified as a separate structure and perhaps private kennels identified as a home occupation. Mr. Schones expressed concern that there would not be enough time to discuss the issue at the December worksession, he suggested a separate meeting. Chair Schaps indicated the Board will work with City staff and any interested resident at scheduling a meeting to review a proposed animal ordinance. Al Robinson made a MOTION to continue the Public Hearing regarding the Animal Ordinance until the December meeting of the Planning and Zoning Board and was supported by Bill Johnson. All voted in favor. Motion carried. Chair Schaps called a brief recess at 7:55 p.m. Chair Schaps reconvened the meeting at 8:05 p.m. B. PUBLIC HEARING - 95 -29 -C, Amended Conditional Use Permit, Teleport (Communication Compound) 6221 Holly Drive Planning Coordinator Wyland briefly presented a staff report regarding a request for an amended conditional use permit to install a 10 x 14 equipment shelter in their communication compound at 6331 Holly Drive. Ms. Wyland indicated two conditions: 1) All conditions contained in the original and subsequent conditional use permits be made part of this permit. 2) A building permit be issued prior to location of the structure on the site. Chair Schaps Opened the Public Hearing at 8:06 p.m. Mr. Bruce Hansen 6980 Lake Drive, inquired about the antennas, Ms. Wyland indicated the antennas are in place. 4 PLANNING & ZONING BOARD NOVEMBER 8, 1995 The applicant indicated their future plans only indicate antennas of five meters or less, the current antennas in place are 10 meters. Hearing no further comments, Al Robinson made a MOTION to Close the Public Hearing at 8:07 p.m. and was supported by Rick Gelbmann. All voted in favor. Motion carried. Mr. Mesich inquired if there are any concerns regarding noise. Ms. Wyland indicated the nearest neighbor would be approximately 700 feet away. Mr. Noren, the closest neighbor, indicated that Teleport has been a good neighbor and he has no concerns for the move. Ed Schones made a MOTION to approve application 95 -29 -C, Teleport (Communication Compound) Amended Conditional Use Permit with stated conditions and was supported by Al Robinson. All voted in favor. Motion carried. C. PUBLIC HEARING - 95 -30 -C, Amended Conditional Use Permit, Church of St. Joseph, 171 Elm Street Chair Schaps Opened the Public Hearing at 8:11 p.m. Planning Consultant Kirmis briefly reviewed the staff report regarding the request of St. Joseph Church for a conditional use permit amendment to allow a 35,000 square foot expansion to the existing church facility located east of Sunset Road between interstate 35W and Elm Street. Additionally, a variance from the City's accessory building ordinance to allow a structure larger than 1,100 square feet in an R -1 zoning district. Mr. Kirmis recommended approval of a conditional use permit amendment to allow the expansion of a church within an R -1 zone subject to the following conditions: .) The Anoka County Highway Department and City Engineer provide comment /recommendation in regard to the need for Elm Street improvements necessary to accommodate increased area traffic volumes. b. Consideration is given to the removal of the site's eastern most access point (east of the original church) to further limit access to a high volume roadway and rectify a jogged street intersection condition in the area. (c� The site plan is modified to illustrate specific trash handling areas. All waste, refuse or garbage shall be kept in an enclosed building or container designed for such purposes. d. Consideration is given eliminating the row of parking stalls abutting Elm Street and devoting such area to green space. 5 • • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 e' The site plan is modified to illustrate exterior lighting locations. All lighting shall be hooded and directed so as not to infringe on neighboring residential uses and public rights -of -way. f. If any new signage is to be erected, a sign plan is submitted which specifies the location, type and size of all proposed signs. All site signage shall be required to comply with applicable provisions of the City Sign Ordinance. The submitted grading and drainage plan is subject to review and approval by the City Engineer. Such review should specifically address the need for drainage easement establishment over the site's ponding area. The applicant shall be required to demonstrate that the proposed development will have no wetland impact. h. The submitted utility plan is subject to review and approval by the City Engineer. Such review should specifically address details relating to septic system removal and well capping. i'. The City Engineer and Anoka County Highway Department provide comment in regard to the proposed roadway easement acceptability. j. The applicant demonstrate, through the submission of a building elevation(s) that the proposed accessory building complies with R -1 District height requirements (16 feet). k. The proposed accessory building is finished in materials judged by the City Building Inspector to be compatible with the site's principal structure. 1. Comments from other City staff. Mr. Kirmis also noted recommended approval of a variance to allow an accessory storage building within an R -1 zoning district to exceed 1,100 square feet in size subject to the following conditions: a. The City directed staff to pursue an ordinance amendment which addressed the greater accessory building needs of non - residential use (i.e. churches, parks, golf courses, schools, etc.) allowed in residential zoning districts. b. Comments of other City staff. Mr. Mesich expressed concern for allowing a variance, he inquired if the Board is required to establish all the six findings in regard to the variance approval. 6 • PLANNING & ZONING BOARD NOVEMBER 8, 1995 Father LaVan, pastor of St. Joseph's, indicated the parish has grown to 1,700 families or approximately 5,000 members. He noted this plan has been on the table for the last 30 years. Chair Schaps inquired if the church would be looking for a new sign. Father LaVan indicated the current sign is more than adequate for their needs. Chair Schaps inquired if there were any concerns regarding the conditions set by staff. Father LaVan did not foresee any problems. Ms. Wyland noted that staff received a phone call from Mr. Larry Evans, a neighbor of St. Joseph's who expressed concern for the increase in traffic on Second Street. Mr. Clarence Schleicher, a member of the church board inquired if it would be permissible to use the well for watering of the grounds. Mr. Robinson noted the requirement for capping of the well would be only if the well is abandoned. Mr. Schleicher inquired as to the addition of green space mentioned by Mr. Kirmis. Mr. Kirmis noted this was only a suggestion if the church wished to reduce their parking. Mr. Robinson indicated this would be at the church's discretion. Mr. Mesich inquired if there were any concerns regarding setbacks. Mr. Kirmis indicated the church meets all setback requirements. Mr. Greg Peterson, architect, showed the Board a model of the project. He also indicated the trash would be screened by a masonry wall. Mr. Schaps inquired if there would be any concerns regarding the set conditions. Mr. Kopischke of Westwood Professionals, indicated they would be reducing the number of accesses from four to three and they do not anticipate any traffic problems. He noted there are no wetlands identified. If there were any concerns, they would be only minor questions that could be worked out with staff. Hearing no further public comments, Al Robinson made a MOTION to Close the Public Hearing at 8:35 p.m. and was supported by Ed Schones. All voted in favor. Motion carried. Mr. Mesich noted it appeared that there was a trail located along the easement. Ms. Wyland indicated that was correct, there would be a trail along Elm. 7 • • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. Robinson expressed concern for eliminating access noted in condition "b ". He felt this was a well used access during funerals. Mr. Kirmis noted staff felt it was an opportunity to eliminate an access onto a collector street. He noted again this was not a requirement, but a suggestion from staff. Mr. Mesich expressed concern for granting a variance without establishing all six findings of fact. Chair Schaps felt it was not a reasonable use of the property, without the ability to house their maintenance equipment. Mr. Mesich indicated that would be correct, but it was created by the owner of the land. Mr. Johnson felt since this was a church, the condition would be unique to this property. Chair Schaps felt it was not necessary for the Board to establish all six findings of fact. He felt it would be in keeping with the intent of the ordinance in granting the variance for the church in this case. Al Robinson made a MOTION to approve application 95 -30 -C, Church of St. Joseph, 171 Elm Street, Amended Conditional Use Permit with stated conditions a, c, and e through i as stated by staff and was supported by Guy Herr. All voted in favor. Motion carried. Guy Herr made a MOTION to approve application for Variance, allowing an accessory storage building within an R -1 zoning district to exceed 1,100 square feet in size subject to the stated conditions and was supported by Al Robinson. All voted in favor. Motion carried. D. PUBLIC HEARING - 95 -31 -Z, Rezoning, Esther Wenzel Noren, South of Aqua Lane, West of County Park, Rezone form GB to R3. Mr. Kirmis presented the staff report outlining the request to rezone +/- 7.0 acres of a 15 acre tract of land located south of Aqua Lane and east of Lake Drive from GB, General Business to R -3, Medium Density Residential. Chair Schaps momentarily relinquished the chair to Vice Chair Robinson at 8:50 p.m. Mr. Kirmis indicated City policy tends to discourage the proposed use. He would recommend this issue be tabled until the December meeting. Vice Chair Robinson relinquished the chair to Chair Schaps at 8:55 p.m. Chair Schaps Opened the Public Hearing at 8:56 p.m. 8 • • PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. Kirk Corsan, representing the applicant indicated the applicant feels the proposed use would be a better use of the property and a good transition for the nearby area. Mr. Wessel expressed concern for rezoning and requested an opportunity for the Economic Development Advisory Board to review and forward comments to the Planning and Zoning Board. Mr. J.P. Houchins, member of the 20/20 Vision Community Group indicated the rezoning would reflect the opposite of the recommendations of the 20/20 Group. He expressed concern for the additional multiple family development. Ms. Wyland indicated she had received a phone call from the owner of land which Bastines leases who is opposed to the rezoning of this property. She also received a phone call from a resident on Lake Drive opposed to the rezoning. Al Robinson made a MOTION to continue the Public Hearing for application 95 -31 -Z, Rezoning, Esther Wenzel Noren, South of Aqua Lane, West of County Park, Rezone from GB to R3 until the December meeting and was supported by Tom Mesich. All voted in favor. Motion carried. E. PUBLIC HEARING - Metal Building Ordinance Economic Development Director Wessel requested that this item be tabled until further information could be provided to the Planning and Zoning Board. Chair Schaps Opened the Public Hearing at 9:05 p.m. Bill Johnson made a MOTION to continue the Public Hearing for Metal Building Ordinance until the December meeting and was supported by Rick Gelbmann. All voted in favor. Motion carried. F. 95 -32 -P, UDOR USA, 500 Apollo Drive, Minor Subdivision Planning Coordinator Wyland presented a staff report outlining the request for a minor subdivision. Ms. Wyland indicated staff would recommend approval of this minor subdivision with the condition that five feet be added to the existing 10 foot drainage and utility easement provided along the entire length of this 10 foot strip of property. Ed Schones made a MOTION to approve application 95 -32 -P, UDOR USA, 500 Apollo Drive, Minor Subdivision with the 9 PLANNING & ZONING BOARD NOVEMBER 8, 1995 • stated condition and was supported by Tom Mesich. All voted in favor. Motion carried. • • VI. G. 95 -33 -P, Fogerty /Custom Remodelers, 475 Apollo Drive, Minor Subdivision Planning Coordinator Wyland presented a staff report indicating the request of Fogerty Investment and Custom Remodelers for a minor subdivision to create a three acre parcel in the Apollo Business Park to allow the construction of an office /warehousing building. Ms. Wyland indicated staff recommends approval of the minor subdivision with a 5' utility and drainage easements on the side property lines. Al Robinson made a MOTION to approve application 95 -33 -P, Fogerty /Custom Remodelers, 475 Apollo drive, Minor Subdivision with the stated condition and was supported by Tom Mesich. All voted in favor. Motion carried. DISCUSSION: Ms. Wyland indicated the Board received a letter from Ms. Janice Stemig that the 20/20 Advisory Group will have another meeting on November 20th if any of the Commissioners are interested in attending. The letter also provided an explanation for the concerns expressed by Mr. Schones at the previous P & Z meeting. VII. ADJOURNMENT: Tom Mesich made a MOTION to adjourn the meeting at 9:15 p.m. and was supported by Guy Herr. All voted in favor. Motion carried. 10