HomeMy WebLinkAbout01/12/1994 P&Z Minutes•
Planning & Zoning Board
January 12, 1994
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
3anuary
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SENT;: Ge binann : "ganders, Nord ne ; Robinson
BNT Mesic!.
Brixius, Planning oordina?
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S8 PRESENT
Consu
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I. CALL TO ORDER AND ROLL CALL:
II. APPROVAL OF MINUTES: John Landers moved and was supported by
Ed Schones to approve the minutes of the December 8, 1993
meeting as submitted. All voted aye. Rick Gelbmann
abstained.
III. OPEN MIKE: No one was present to speak under open mike.
• IV. ACTION ITEMS:
A. Minor Subdivision, 582 Main Street, Francis Lichtscheidl
Planning Coordinator Wyland presented this item which involves
the subdivision of a 37 acre parcel of property Zoned R -1
Residential by removing a 1.94 acre piece of property
containing the homestead. The balance of the property would
then be available for development. A recently adopted
Ordinance, No. 93 -18, provides "a habitable single family home
constructed prior to July 13, 1992, may reduce their lot size
to a minimum of one acre if the balance of the property
results in a parcel of ten acres... ". Ms. Wyland explained
the history of the parcel and indicated that the staff felt
the proposed split serves the future development of the site
far better than the previously approved 5 acre split. Staff
has recommended approval with the condition that a 30' wide
drainage and utility easement be provided on the east property
line of the newly created 1.94 acre parcel.
Mr. Schones made a motion and was supported by Kathy Nordine
to approve the minor subdivision with the condition outlined
in the staff report. All voted aye. Motion carried.
/ 3- ' P
B. Fox Trace, R. Properties Subdivision, Ware Rd /Hwy 49,
Continuation of Public Hearing
Planning Consultant Brixius reviewed this item which involves
the subdivision of a 25.67 acre parcel of property into 52 R -1
Single Family Lots. Staff is recommending that the north 33'
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January 12, 1994
of the existing roadway easement be vacated but the south 33',
on the Lehman property, be maintained. A temporary cul -de -sac
is being proposed on an easement on the property south (owned
by Vernon Lehman) of this site to serve the subdivision. This
easement will be for roadway purposes and will also serve as
future access to the Harold Lehman property located west of
the property containing the temporary cul -de -sac. Mr. Lehman
has agreed with this arrangement and been advised that the
easement would be wide enough to provide a roadway and avoid
the existing power poles, however, ultimate access to his
parcel may be provided further south when development actually
occurs. After a brief review Mr. Brixius explained that the
staff would recommend approval of the preliminary plat with
the conditions outlined in the January 5, 1994 Staff Report.
Mr. Schones had a question concerning the Ordinary High Water
(OHW) and the 100 year flood and which mark would apply in
this case. Mr. Brixius explained that the area was not within
a flood zone, therefore the 100 year flood elevation did not
apply, and not adjacent to water, therefore the OHW did not
apply. However, some wetlands had been delineated and will be
avoided. The lot areas are recommended to be a minimum of
10,800 without including any wetland area. The RCWD has also
reviewed the plat and recommended approval.
Mr. Tony Hager, adjoining property owner on Ware Road, was
present and asked if he would be assessed for sewer and water.
He was advised that he would not, unless he petitioned for the
improvement and wanted to be included. He also asked if it
would be possible for the developer to provide some type of
screening between his property and the proposed development.
He has an existing pole building and some exterior storage he
is concerned that new residents may not like the looks of. It
was suggested that he discuss this with the developer - no
recommendation on the matter was offered.
After some discussion Mr. Schones made a motion and was
supported by Mr. Gelbmann to approve the preliminary plat with
the conditions outlined in the staff report of January 5,
1994. All voted aye. Motion carried.
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C. PUBLIC HEARING- Willow Ponds Rezoning & Subdivision
The Planning and Zoning Board was advised that the developer
has requested this item be continued until the February 9,
1994 meeting. Mr. Gelbmann made a motion recommending that
the public hearing be continued until the February 9, 1994
meeting. Mr. Landers seconded the motion. All voted aye.
Motion carried to continue public hearing.
D. PUBLIC HEARING - Pheasant Hills 5th Addition, Rezoning and
Preliminary Plat
Mr. Brixius reviewed this item which is a request to rezone a
portion of the proposed preliminary plat for Pheasant Hills
Fifth Addition and approve a revised preliminary plat. The
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January 12, 1994
portion to be rezoned consists of approximately 8.5 acres
which is currently zoned PSP and was recently subdivided from
a larger parcel owned by the School District. This piece is
to be added to the existing 17.3 acres, zoned R -1X, to become
Pheasant Hills Fifth Addition which consists of 36 single
family lots. Staff has recommended approval with the
conditions outlined in the January 5, 1994 Planning Report.
There was some discussion regarding Item 6 and the platting of
Outlots. Mr. Shopek, representing the developer, explained
that Pheasant Hills has a Homeowners Association and they
would be responsible for maintenance, taxes, etc. on the
Outlot. There are currently other Outlots platted within
Pheasant Hills.
Mr. Schones made a motion recommending approval of the
rezoning and was supported by Mr. Gelbmann. All voted aye.
Motion carried.
Mr. Landers made a motion and was supported by Mr. Schones to
approve the preliminary plat with the conditions indicated in
the staff report dated January 5, 1994 and the rewording of
Condition No. 6 to indicate that "Outlot A shall be placed in
the ownership of the Subdivision Homeowners Association and
recorded as such on all property deeds ". All voted aye.
Motion carried.
E. Behm's Century Farms Rezoning & MUSA Exchange, Rural to R -1
PUBLIC HEARING: Mr. Brixius explained that Mr. Uhde would like
to develop a 153 +/- lot single family subdivision on
approximately 94.5 acres located north of Lilac Street and
east of Sunset Road. The property is Zoned R -1 and Rural,
therefore, a rezoning for a portion of the site is required.
The property is not located within the MUSA Boundary therefore
a MUSA exchange will need to be considered should the property
be rezoned. Mr. Brixius reviewed the staff report, dated
December 30, 1993, and advised the P & Z that certain criteria
need to be used in review of any rezoning request and that
although citizen input is welcome, the criteria outlined in
the staff report must serve as the basis for decision making
in this matter. He further explained that the City faces the
urban /rural dilemma in almost all areas of the City.
Mr. Schones asked that the Phasing Plan be explained. Mr.
Johnson reviewed the phasing which would run from 1994/95
through the year 2000. He added that utility installation
would coincide with the phasing plan. Mr. Schones questioned
the impact of density on the large existing lots. Mr. Brixius
explained that with the existing wetlands, overall density is
reduced and the proposed phasing plan should provide a gradual
impact on the existing neighborhood.
SKathy Nordine had a question concerning the MUSA and whether
we would be involved in a Comprehensive Plan Amendment due to
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a MUSA expansion or would this be a land trade. Mr. Brixius
explained that in 1990 the City acquired 570 additional acres
in MUSA expansion. This time we would be looking at a land
trade but it would still involved a Comprehensive Plan
Amendment. Mr. Gelbmann asked if the sewer trunk would be
sized to serve the entire area and Darrell Schneider advised
that it would.
Mr. Uhde introduced his Development Team consisting of Ron
Peterson, Wildlife Biologist and Wetland Delineator; Ed Hasek,
Planner with Dahlgren Shardlow and Uban; and John Johnson,
Engineer. He briefly reviewed his experience and explained
that he has developed over 300 single family lots in the past
10 years within the City of Lino Lakes. He currently has 54
acres in the Apollo Business Center and feels that in order to
encourage business to located within the City we need roof-
tops to provide housing for newly created jobs. The key
issues in this case revolve around timing and lot size. Mr.
Uhde further explained that all the major developments that
have occurred within the City since 1987 have backed up next
to larger lots. Future development will be the same - urban
vrs rural. The City has taken a strong stand on economic
development - housing must follow. He stated that when he
first started working in the Lino area people would say -
"where is that, somewhere between the Cities and Duluth ? ".
Now people are becoming aware of the location and it is
becoming a desirable place to live.
The Sunset Oaks area, adjacent to the proposed development,
was platted in 1976 with the expressed intention in the
Council minutes at that time that the area would develop at a
future date into smaller lots.
Two neighborhood meetings were held in the area and some of
the concerns were 1) residents did not want to be charged any
costs for sewer /water /streets, 2) some wanted to sell and /or
develop, 3) others were interested in developing their
property. Mr. Uhde indicated that he has talked with many of
the property owners in the area and indicated that he would be
willing to purchase their property, help them develop their
property, have them included in the extension of utilities if
they wish.
Some concerns were raised regarding the Air -Park. Mr. Uhde
explained that he held a meeting with those property owners
(only 1 person attended) and will add verbiage to the deeds of
the properties to the west of the Air -Park advising them of
the air -parks proximity and insuring disclosure to potential
property owners.
Mr. Uhde has had two preliminary meetings with the P & Z and
has made revisions based on their input. The impact of the
wetlands has been addressed and the proposed plan will have a
minimal impact - greater wetland impact will be realized if
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the existing 1 - 2 acre lots are developed as is w/o
utilities.
Mr. Uhde also briefly discussed the existing Lot Inventory,
which is low, and the results of a 1989 housing study which
would confirm that the City has grown more rapidly than
anticipated and that additional housing stock is needed.
In conclusion, Mr. Uhde indicated that he felt Behm's Century
Farms would be a positive step for the City to take. He then
introduced his Planner, Mr. Hasek, who explained that the City
of Lino Lakes is a third ring suburb of the Metro Area and
growing rapidly. Lino Lakes has developed 20% beyond its
projected growth. He reviewed some of the items Mr. Uhde had
discussed and explained that landscaping is being proposed
along Lilac to screen the proposed developing area from the
adjoining properties.
Mr. Johnson then addressed the engineering concerns. He
indicated that in order to make the development financially
feasible, a minimum of 153 lots is needed. There are
approximately 40 acres of wetland in the 94.5 acre
development. The overall density of the development is
approximately 1.72 units /acre. The County Traffic Engineer
has indicated that the existing roadways will be able to
accommodate the proposed development.
Planning Coordinator Wyland reported that in discussion with
School Superintendent McClellan, he indicated that the school
system will be taxed for capacity even if no further
development occurs within the City.
COMMENTS FROM RESIDENTS:
Christopher Lydeen of 6275 Holly Drive stated that he is a
teacher and is highly disturbed when people say the schools
are already full. He would expect a more responsible comment.
Sue and Jay Molitor of 7806 Sunset were present and indicated
that they have lived in the area for 12 years. They own 63
acres and purchased the property as an investment. Extension
of utilities with the Behm's Century Farm proposal is the only
opportunity they will have for the extension of utilities to
serve their property. They are in favor of the proposed plan
and feel the P & Z is responsible for carrying out consistent
policies in the planning of the cities future neighborhoods.
To allow the development of 2 1/2 acre lots now does not
coincide with the city's current rules and regulations of city
sewer and water for residential development. They added that
Mr. Uhde has done a very good job with his presentation.
Rene Curley, 101 Lilac, was present to voice her opposition to
the request due to the density, extension of public utilities,
increased traffic, neighborhood petition against the
development, and impact on the schools. She added that she
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had been contacted several times by Mr. Uhde seeking her
support of the proposal.
Julie Reniker, Sunset Avenue, was present and stated that 6
homes facing her property was too many. It is not appealing.
Dan Novak, 7672 Sunset, also expressed a problem with the 6
lots facing the 2 acre parcels. He indicated that it would be
an eye sore, the homes would be less expensive then existing
homes, there would be increased traffic on Sunset.
Mr. Landers advised the audience that in an R -1 Zoning
District the minimum house size is 850 sq. ft. to 1050 sq. ft.
Gordon Johnson, 115 Lilac, stated that this development has a
100% negative impact. There should be some positive. He
believes the development is oversized. He does not want the
area to be known, he wants it to remain rural. He also asked
the P & Z members to give their reasons for voting.
Mr. Landers asked if he could see a copy of the petition the
City had received.
Dick Shoop, Sunset Avenue, stated that the acreage is
misleading because they own 6 acres and are surrounded by 2
acre parcels.
Steve McDonald, 336 Carl Street had some concerns about the
Air Park. He indicated he moved out here because of the open
area and the Air Park. He thinks this development is not
needed at this time - maybe in the future. He would like to
see reduced density.
Tom Christianson, 339 Lilac, stated that the petition
represents 100% of the adjoining property owners. He added
that Mr. Uhde had done a good job on his presentation.
Mr. Uhde thanked Mr. Christianson for the compliment and added
that he felt they been well prepared and made an honest
presentation. He stated that Mr. John Johnson would address
some of the concerns expressed by the residents.
Mr. Johnson stated that in response to their concerns about
traffic, he had spoken with a traffic engineer from the
County who assured him that the existing roads can handle the
anticipated increase in traffic. Property values are proposed
to be similar to those existing and screening will be provided
as illustrated by Mr. Uhde's planner. They are working with
the RCWD to resolve drainage issues and concerns. He added
that Mr. Uhde has indicated that he will work with any of the
property owners who are interested in either selling their
property, developing it or discussing future possibilities.
PLANNING & ZONING BOARD MEMBERS:
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January 12, 1994
Mr. Schones advised the P & Z and Audience that he did not
feel he had enough information to address the six criteria
outlined in the Planning Report. He needed more information
to address item #1, had "no clue" about item #3, was not sure
of #4, and did not feel the fiscal information was proven to
his satisfaction - #5. Mr. Johnson tried to explained some of
the fiscal impact charts.
Mr. Robinson responded that in regard to #1, the Comprehensive
Plan shows this area for residential development and a portion
of it is already Zoned R -1.
Kathy Nordine questioned items #4 and #6.
Rick Gelbmann stated that in regarding item #5, there will be
a benefit to the community as a whole because utilities will
be extended, wetland disturbance will be minimized, properties
with failing septic systems will be able to connect, there
will be improved ground and surface water drainage. This is
a major benefit to the community - when system failure occurs
- then we will have a burden to the City and a much greater
cost.
Kathy Nordine added that she is concerned about the ground
water and has heard that systems in the area are failing.
Mary Kay responded that in the last five years there have been
12 -15 repairs, that we are aware of, within a 1 mile radius of
the Behms Farm.
Planning Coordinator Wyland stated that in conversation with
the Superintendent of Schools - there will be over - crowding in
the future with or without additional development.
Mr. Gelbmann added - we are on the frontier, we need to have
the facilities in place - this is an excellent way to get
them. He also expressed some sensitivity toward the 2 1/2
acres lots that would be facing the 6 homes.
Al Robinson added that Mr. Uhde must look at the financial
constraints and the City must look at the overall benefit to
the City. This development would be a benefit.
City Engineer Schneider added that there is a problem when on-
site systems are allowed to remain or are expanded.
Mr. Uhde concluded that they believe they have met all six (6)
criteria and would be happy to go over any of the items with
the P & Z. These will be residential homes that are
compatible with residential homes.
Mr. Tom Christianson, 339 Lilac, stated that he believes
sooner or later this development will go through. He asked if
they would be limited to the small lots on the farm itself.
Mr. Uhde added that the overall density is 1.6 units per acre.
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The farm area is more dense but landscaping will be provided
and they have, in the past, taken control of their
developments and provided well designed plats. Property
values in the area will be increased. It is possible that
something can be done about the 6 homes facing the 2 1/2 acre
lots - additional landscaping, more evergreens, or something.
Planning Consultant Brixius requested that the P & Z members
tailor their vote along the criteria outlined in the staff
report.
MOTION: Ed Schones made a motion recommending denial of the
rezoning from R -Rural to R -1, Residential. John Landers
seconded the motion. On roll call:
Ayes: Schones, Landers, Nordine
Nays: Robinson, Gelbmann
Motion carried to deny rezoning request.
P & Z explanation of Vote:
Ed Schones stated the he would provide a written detail of
his vote if necessary. The year 2010 for ER, Expansion
Residential, is stated in the 1987 Comprehensive Plan.
Although the plan does not dictate a time line, this number is
out there. He added that he has been a resident of the City
for eight (8) years and feels the City needs to move on issues
like this with caution. As a member of the P & Z Board I do
not feel comfortable at this time with the facts I have been
presented. The land use is a question and the fiscal benefit
to the community at large is another question.
Kathy Nordine stated that she felt the proposal was premature
because it is outside the MUSA Boundary. She would like to
see the MUSA area prioritized. Utilities would have to be
extended into this area and she felt there was infill land
available. She also indicated that the density seemed high
for a portion of the project.
John Landers stated that he agreed with Ms. Nordine that the
development is premature because it is outside the MUSA. He
thinks the year 2010 is more feasible and overall the density
is too great.
Rick Gelbmann stated that the benefit and impact to the
community as a whole far outweighs the negative factors. He
can see no major defects in the plan and although it is
located outside the MUSA, he felt the project was within the
scope of the City's Comprehensive Plan. There is some
difficulty with compatibility and density.
• Al Robinson stated that he felt all six (6) items were
covered. Maybe as the oldest member of the Board he is
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January 12, 1994
getting tough in regard to citizen input. We do need
development in the City and developable property is at a
minimum. To get reduced taxes we need industry, to get
industry we need roof -tops. The tax base will not improve if
we are a bedroom community . Additionally, a person should be
able to develop their property within the scope of the law -
this proposal is within that scope. I think it is unfortunate
that people do not want development in their backyard.
Development is inevitable, good development is important.
The Board was advised that although Tom Mesich was absent from
the meeting he had indicated that he was not in favor of this
rezoning.
-z
F. PUBLIC HEARING: Lamotte /Whitcomb, Property south of Birch
Street and West of 12th Ave., Rezone from R -1 to R -1X
Mr. Brixius reviewed this item which is a staff initiated
rezoning of approximately 108.7 acres of property located
within the MUSA, south of Birch Street and west of 12th
Avenue. The property is bordered by Brandywood (Zoned R -1X)
on the East and D. Ericksons 2nd Addition (Zoned R -1) on the
west, and Quail Ridge (Zoned R -1X) on the north. Based on the
information provided in the staff report, the rezoning is
consistent with existing conditions and current land uses,
will not be detrimental to sensitive environmental features of
the land, may increase property valuation and City tax base,
and is consistent with the Lino Lakes Comprehensive Plan.
A Zoning Ordinance Text Amendment was briefly discussed
relating to minimum lot sizes in the R -1X Zoning District.
Mr. Schones stated that he was opposed to reducing lot sizes
in this zoning district and would prefer to see a minimum of
12,825 square feet above the OHW and/or wetland. Mr. Ge lbmann
asked if this change would have any effect on the house pad
size and was advised that it would not.
Mr. Kirk Corson, representing Hokanson Development, indicated
that they have a purchase agreement on a portion of the
property to be rezoned. He indicated that of the 72 acres
proposed to be development, 15 acres are Type I and II wetland
which may be wet for only a few weeks of the year. The
overall proposed density for this projects would be
approximately 1.7 lots per acre. Providing R -1X overall area
with R -1 area above the wetland and /or OHW would seem to fit
with the existing wetland restraints and cost of development.
An 83' wide lot would be adequate to construct a three -car
garage which seems to illustrate the difference between an R -1
home and R -1X home. Mr. Corson stated that the would prefer
to see some flexibility as proposed in the ordinance
amendment.
Mr. Chuck Secora was present representing the Whitcomb's and
indicated that they would support Mr. Corsons recommendation
which would provide flexibility in lot area and width and the
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January 12, 1994
R -1X standards as to housing type. He added that of the 125
acres that the Whitcombs own, 55 acres are not buildable due
to wetlands. They would like to see the R -1 size standards
remain.
COMMENTS FROM RESIDENTS:
Susan Walseth, 1101 Holly Drive, owns a 5 acre hobby farm and
would rather see the R -1X zoning because of the reduction in
density. She expressed some concerns regarding run -off on her
pasture if the adjoining property is developed. Also
protection from fertilizers and construction debris.
Concerned about the cost of the sewer, where it would run,
additional traffic on Holly Drive. She indicated that she was
under the impression that the property was zoned Rural and was
not aware of it when it was rezoned. She further indicated
that she had told the City, when asked, that she did not want
to be in the MUSA.
Christopher Lyden, 6275 Holly Drive asked when the area south
of Holly Drive was included into the MSUA. He also expressed
concern about any additional crowding of the school district.
He would like to see the area remain rural. The difference
between R -1X and R -1 is like the difference between 3/4" and
1" - he would prefer 10 "(10 acres).
Mr. Brixius explained that the 1987 Comprehensive Plan showed
MUSA on the north side of Holly Drive. In 1990 this was
expanded with a Plan Amendment to include the 40+ acres to the
south.
Carolyn Dahl of Holly Court stated that she has a 10 acre
parcel. If the choice is between R -1X and R -1 she would
prefer the R -1. Additionally she expressed concern about 250
additional cars per day on Holly Drive.
Ken Albrecht of 1210 Holly Drive stated that he owns the 30
acres east of the proposed Whitcomb development. He is a bow
hunter and does not like the idea of development in the area.
If the development has to come he would prefer to see the R -1X
zoning. He also questions if the existing roadway would be
able to handle the additional traffic and was worried about
construction debris during construction.
Al LaMotte of 6510 12th Avenue stated that he has received a
lot of additional run -off since Brandywood was constructed.
He feels like the "little man that is being shit on ". He
would rather see the property R -1X than R -1 but would prefer
no development.
Al DeMotts, 6265 Holly Drive would prefer the R -1X. He
expressed concerns regarding crowding of the schools and
additional traffic.
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There was some discussion by the P & Z regarding the proposed
ordinance amendment. It was decided that this item would be
discussed at a later date and a public hearing was not
scheduled at this time.
Mr. Landers then made a motion and was supported by Mr.
Gelbmann to approve the rezoning of this subject property from
R -1 to R -1X for the reasons outlined in the Dec. 6, 1993
Planning Report. All voted aye, except Mr. Schones who
abstained. Motion carried.
V. ADJOURNMENT: Upon the unanimous consent of the Board the
meeting was adjourned at 11:55 P.M.
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