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HomeMy WebLinkAbout05/11/1994 P&Z Minutes• • • Planning & Zoning Board May 11, 1994 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES STARTED ........................:.... ENDED ............................ ............................. ............................ ERS PRES EMBERS ALSO.PRE ENT: ......................... May 11 6 t311:'114, ........... ................. .. ............................... ... ............................... Gelbmann,. Robinson, 1.994 anders, Mesich, ;Nordine Schapsc, schones ABSENT '• ..none SENT ;City Engineer Schneider, Planning Consultan .rixius, Planning Coordinator Wyland!; I. APPROVAL OF MINUTES: Ed Schones made a motion and was supported by Rick Gelbmann to approve the minutes of the April 13, 1994 meeting as submitted. All voted aye. Motion carried. At the request of a property owner, the following items were added to the minutes relating to the Trapper's Crossing Public Hearing of April 13, 1994: Three petitions were presented by the adjoining property owners as follows: 1. Petition to Inform Property Owners (36 properties represented), 2. Petition to Re -Open Holly Drive East and West (21 properties represented), 3. Petition on future Holly Drive West and 12th Avenue Improvements (21 properties represented). II. APPROVAL OF AGENDA: The agenda was approved as presented. III. OPEN MIKE: Amy Donlin, 6100 Centerville Road, was present to express her concern regarding future growth in Lino Lakes. She suggested some guidelines for making zoning changes that could be more sensitive to neighborhood concern and encouraged the P & Z to consider her recommendations. A copy of her statement is on file. IV. ACTION ITEMS: A. 94 -12 -P, Steve Andre, 495 & 545 Ash Street (Co. Rd. J.) Planning Coordinator Wyland reviewed this request which is the result of a property line dispute that has been resolved through Anoka County Mediation. Ms. Wyland explained that Mr. Planning & Zoning Board May 11, 1994 Andre will be trading a portion of the south /east corner of his property for a portion of the north /west corner of the Gubash property. This arrangement will eliminate the encroachment of a storage building and driveway on Mr. Andre's property. After some discussion Ed Schones moved and was supported by Al Robinson to approve the lot reconfiguration as presented. All voted aye. Motion carried. B. 94 -13 -P, Al Matheson, 7140 Sunset, Subdivision Planning Coordinator Wyland advised the P & Z that Mr. Matheson was in the process of selling a vacant lot adjoining his property when it was determined that a portion of his two existing out buildings were over the property line. To correct this situation and facilitate the sale of the vacant lot, Mr. Matheson is requesting a minor subdivision that would take approximately 24.5 feet from Parcel A and add it to Parcel B. Both lots would still be well within the requirements of the Zoning Code for an R -1 District and utilities are available to serve both lots (from Blaine). Al Robinson made a motion recommending approval and was • supported by John Landers. All voted aye. Motion carried. • C. 94 -11 -P, Trappers,Crossing, Continuation of Public Hearing for Preliminary Plat Planning Consultant Brixius stated that the developer has responded to staff and P & Z concern by redesigning the proposal to provide 124 building sites. The overall density for the development is 1.7 units per acre. Mr. Brixius indicated that the proposed layout responds to the site's configuration and physical constraints in a positive manner. There are 14.1 acres of wetland on the property and permits have been obtained from the RCWD. Staff would recommend approval of the preliminary plat subject to the conditions outlined on page 2 of the Planner's report dated May 4, 1994. Rick Gelbmann asked how flexible they could be in considering a PDO. Mr. Brixius stated that the purpose of the PDO was to provide flexibility, therefore, it is up to the P & Z's discretion. It could be 90% of standard, or more flexible if they so desire. He has suggested that the lots be kept to a minimum of 85' in lot width which provides ample space for a three car garage. Mr. Gelbmann also stated that the Board should possibly consider cluster type developments to enhance wetland areas. 2 • • • Planning & Zoning Board May 11, 1994 Mr. Schones stated that he was uncomfortable with the PDO and cluster type housing. He then asked if we followed the guideline of the R -1X Zoning District, how many lots would result. Mr. Brixius indicated that overall maybe 3 -4 lots would have to be eliminated. He added that the result may be less appealing overall than the plan submitted. Al Robinson asked if there was such a things as a cut & dried approach to a PDO. Mr. Brixius explained that it is up to the discretion of the P & Z as to what percentage of flexibility they are comfortable with. Mr. Landers asked what kind of change occurred with the wetland delineation. Mr. Corson explained that the original delineation was modified slightly on the eastern edge of the plat. Kathy Nordine asked if any wetland would be filled. Mr. Corsan explained that 11 /100's of an acres would be filled for roadway purposes and the RCWD has approved the mitigation plan. CONTINUATION OF PUBLIC HEARING 7:25 p.m. Mr. John Grzybek, Attorney representing the neighborhood, was present. He indicated that there was some question regarding the notification to the general public on the MUSA changes. It appears that the 1994 notice concerning the rezoning from R -1 to R -1X was proper and correct. He stated that the developer had told the neighbors that there would be 90 to 100 homes in the development. He indicated that the wetlands will be affected if they are part of the property owners back yard. He suggested a buffer of between 15 and 20' between the property line and the wetland. He also suggested prohibiting any chemical use that would affect the wetland and a restriction filed with the property. He stated that we have an obligation to protect the wetland. Mr. Mesich asked if it was his intention to bring some action against the City regarding this case. Mr. Grzybek indicated "not at this time ". Mr. Robinson asked if Mr. Grzybek could site a proven case of pollution by fertilizer use. He could not. Chairman Schaps asked if Mr. Gryzbek thought it was constitutional and reasonable to impose a ban on 350 people in this development against the use of chemicals on their lawn 3 • • Planning & Zoning Board May 11, 1994 when the balance of the community has no such requirement! Mr. Gryzbek agreed that it probably was not. Kathy Nordine stated that if we do not have an Ordinance on the books now it would not seem possible to place these restrictions on the plat. Mr. Mesich added that pollution has made the weeds grow in Golden Lake - but we are talking about a wetland here - that is what a wetland is. This is not a lake. The purpose of the wetland is to take the run -off and pollutants and filter them before the run -off hits a larger body of water. Mr. John Dahl of 1101 Holly Court was present and expressed concern about the impact of the development on his property. He felt that the adjoining property owners would be considering his open space as their back yard and using the area for snowmobiling and such. He would like the developer to install a 4' fence. Chairman Schaps asked what he was worried about. Mr. Dahl indicated that he is aware of similar cases where the open area is used to let the neighboring dogs run about. Kirk Corson, representing the developer, indicated that screening between the properties is a possibility. They would prefer not to use a berm as plantings on the top tend to die out and would prefer a row or so of conifers. Mr. Ken Albrech, property owner to the east, was present and indicated that he would like to see the area remain rural. This development will have a big impact on him. He has approximately 30 acres and would also like to see a fence or some type of buffer. Sue Walseth of 1101 Holly Drive was present and indicated that the neighbors had presented three petitions at the last meeting that were not mentioned in the minutes. She asked if they could please be noted. Ms. Wyland indicated that this would be taken care of. Mr. Walseth also stated that they would like to see less density. She felt that City Hall works for the developer, not the resident. She would like something in the deeds that the people adjoining her property could not petition against her hobby farm. She added that it is morally wrong what the City is trying to do to their neighborhood. Chris Lydeen, Holly Drive, indicated that someone had said the City needs 300 homes /year to encourage economic development and reduce taxes. We have had 300 homes /year for the last 4 • • Planning & Zoning Board May 11, 1994 couple of years and taxes have not gone down. This is an opportunity to take Lino Lakes in a new direction. He would recommend that this plat be rejected and the developer come back with something "real ". He added that the City should look at a park requirement within the plat. Judy Thill of 642 12th Avenue expressed concern about traffic on 12th Avenue and requested that the roads be considered before future development. Carolyn Dahl of 1101 Holly Court would like to suggest a Rural Executive zoning of 2.5, 3, or 5 acre minimums that would preserve the wetlands, wildlife, and character of the area. Al DeMotts of 6265 Holly Drive asked where the run -off from this development would go, where was the land surveyed from, and what happens to the wetlands after development. He added that if the City is willing to distribute a questionnaire regarding development of the City he would be willing to held with it. Amy Donlin suggested that the City consider Mediation Services of Anoka County to resolve the differences between the neighborhood and the developer. Jean Cummings, representing the Whitcombs, stated that there is a lot of mis- information being spread throughout the neighborhood regarding the park dedication, the roadways, the use of the land etc. She felt this was very unfortunate and unfair to the Whitcombs. Harvey Seppanan expressed concern regarding the roads and was troubled because the development seemed too dense for the location. Carolyn Dahl stated that maybe the R -1 Zoning was a mistake and should be reconsidered. Maybe there is a way for all to feel a "win" in the situation. Chris Lydeen asked that the P & Z "do the right thing ". There needs to be some open space in this plat. The Public Hearing was closed at 9:08 P.M. Kathy Nordine questioned the capacity of 12th Avenue and Holly and whether or not they would be able to handle the additional traffic. City Engineer Schneider explained that this roadway (both 12th and Holly) is designated as a State Aid Collector • 5 • • • Planning & Zoning Board May 11, 1994 Street. There will need to be some improvements made. He added that he does not see alot of additional density in the area and the developer would be required to pay for the improvements to the roadway. Ed Schones stated that he is angry with the assumption by some that this is a done deal. He agrees with some of the speakers. It seems to me that the R -1X Zoning should prevail and we are being asked to consider some large variances with the PDO. He has a problem with that. He would be prepared to make a motion of denial. John Landers stated that he is uncomfortable with how the zoning took place and would agree with Mr. Schones. Tom Mesich stated that we need to go with the advise of our City Attorney who indicated that the zonings were proper. He added that if we are going to give leeway - it should be toward larger lots not smaller ones. He agreed with full compliance with the R -1X requirements. Rick Gelbmann agreed that we need to follow the direction of our City Attorney and believes we should abide by the R -1X Zoning. The PDO is being requested because of the wetlands and the difficulties the site location imposes. However, he is not in favor of a PDO and would like to refer the plat back to the staff to refine the plan and adhere to the R -1X requirements. Al Robinson stated that he agrees with the PDO request. We can not go back to 2 1/2, 3, or 5 acre lots. Kathy Nordine asked what our requirements are for a PDO and indicated that she would like to see some of the variances reduced. Al Brixius explained that the PDO offers some opportunity to provide a creative design. This particular request provides variation that is not that significant based on the overall design. Chairman Schaps stated that the zoning question is a dead issue. In regard to the PDO there are two forces - the rights of property owners to develop and the rights of property owners to quiet use of their property. The 300 lots /year is not the issue here. The project will be developed in phases and may not start until next year. This development needs flexibility because of the wetlands but the variances on the individual lots can be eliminated. I think it would be more appropriate to table the item until next meeting. I would 6 • • • Planning & Zoning Board May 11, 1994 like to see a conifer border on the east and south to whatever extent is possible due to the wetland constraints. Ed Schones then made a motion to deny the request for a PDO and Preliminary Plat and was supported by John Landers. On roll call: Ayes: John Landers, Tom Mesich, Ed Schones Nays: Rick Gelbmann, Kathy Nordine, Al Robinson, James Schaps Motion failed Kathy Nordine then made a motion to continue the item until the June 8, 1994 meeting of the P & Z to allow the applicant time to minimize the number of variances required. She added that she would be willing to consider variances for cul -de -sac length and that she was satisfied with the mitigation plan approved by the RCWD. Al Robinson seconded the motion. On roll call: Ayes: Rick Gelbmann, Kathy Nordine, Al Robinson, James Schaps Nays: John Landers, Tom Mesich, Ed Schones Motion carried VI. DISCUSSION: A. MUSA Exchange: Al Brixius advised the Board the estimated amount of MUSA within the City may be overestimated by the Met Council by as much as 40 %. In other words, our supply of developable land within the MUSA is much less than estimated by the Met Council. We will be experiencing more fringe development requests. The City Council has directed us to amend the MUSA and we need to address what are the next locations for growth. Our past Comprehensive Plans have lead us down the path we are currently pursuing. B. Other: Tom Mesich advised those in attendance that we will be discussing the Behm's Farm development at the next meeting. He would encourage those interested in maintaining the rural zoning to attend that meeting. VII. ADJOURNMENT: Upon the unanimous consent of the Board the meeting was adjourned at 9:55 P.M. 7