HomeMy WebLinkAbout05/11/1994 P&Z Minutes•
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Planning & Zoning Board
May 11, 1994
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
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ERS PRES
EMBERS
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ENT:
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May 11
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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.
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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.
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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
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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
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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
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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
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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.
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