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HomeMy WebLinkAbout07/21/1994 P&Z Minutes• • • PLANNING & ZONING BOARD July 21, 1994 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES neer gf. el .............. sultant :..................... ordinat I. CALL TO ORDER AND ROLL CALL: The regular meeting of July 13 was rescheduled to July 21, 1994 due to the lack of a quorum. II. APPROVAL OF MINUTES: Ed Schones made a motion and was supported by Rick Gelbmann to approve the minutes of the June 6, 1994 meeting with the correction that Tom Mesich was not in attendance. All voted aye with Tom Mesich abstaining. Motion carried. III. APPROVAL OF AGENDA: John Landers made a motion and was supported by Ed Schones to approve the agenda as presented. All voted aye, motion carried. IV. OPEN MIRE: No one was present to speak under Open Mike. V. ACTION ITEMS: A. 94 -15 -V, Niel Banta, 7829 Nottingham Lane, Variance Planning Coordinator Wyland reviewed this request which was before the Board at the June meeting and tabled to allow additional information to be gathered. Since that time staff has received letters from three adjoining property owners indicating no objection to the request. Staff has also taken a look at other lots in Mr. Banta's subdivision and found that of 40 lots, 28 are less then 1.25 acres in size and 12 are over 1.25 acres in size. These twelve lots would be able to accommodate additional storage /garage area on their properties. Ed Schones asked if the P & Z had grounds for granting this variance without setting a precedent. Planning Coordinator Wyland indicated that if the P & Z sees fit to grant the variance they should be very specific in their reasons for granting approval. She also indicated that there are other people interested in requesting a variance should this request be granted. 1 • • • PLANNING & ZONING BOARD July 21, 1994 Tom Mesich indicated that maybe the ordinance is too restrictive on the larger lots and possibly the City should considering loosening the regulations. Vice Chairman Robinson indicated that he agreed with Mr. Mesich and indicated that the Board needs to determine specific grounds for granting a variance. He also felt future variances should be dealt with one at a time, based on their particular circumstances. This is unique because prior to 1990 he could have constructed the addition with no variance. Rick Gelbmann asked how long it would take to revise the Ordinance. Mary Kay indicated 60 -90 days or longer. He also expressed concern on setting a precedent in this case. Ed Schones stated that we do have a set of rules and until we change those rules it is imperative that we follow them. Mr. Banta can purchase the additional 20' from the neighbor and have adequate room to construct the proposed addition. It is important to me that I follow the guidelines we have. Chairman Robinson felt this particular lot size was overlooked at the time the ordinance was revised. John Landers indicated that he agreed with Mr. Schones and wondered how many variance we would have if this one is approved. Tom Mesich added that this variance request does not meet the requirements of the ordinance. If Mr. Banta is interested in having the ordinance changed, he should contact staff. Rick Gelbmann also agreed and indicated that we should set some procedure on how we handle variances - if it does not meet the criteria - it will not be granted. John Landers then made a motion to deny the variance. Ed Schones Seconded the motion. On roll call: Ayes: Gelbmann, Landers, Mesich, Nordine, Schones Nays: Robinson Motion carried to deny variance. Tom Mesich made a recommendation to the City Council that the P & Z feels the restrictions for accessory buildings on 1 -2 1/2 acre lots are too restrictive and suggested that the Council consider expanding the square footage that is allowable. Rick Gelbmann seconded the motion with the request that it be expedited. Ayes: Gelbmann, Landers, Mesich, Nordine, Robinson Nays: Schones Motion carried. B. 94 -11 -P, Trappers Crossing, Hokanson Devel., Holly Drive Planning Consultant Brixius explained that Hokanson Development submitted a letter to the City Council requesting that their preliminary plat for a PDO, denied by the P & Z, be returned to the P & Z with a concept for an R -1X plat 2 • PLANNING & ZONING BOARD July 21, 1994 consisting of 104 lots. The concept submitted includes lots adequately sized to meet the R -1X standards and has eliminated some of the cul -de -sac bubbles shown on the original submittal. Staff would recommend action on the original preliminary plat and comment only on the concept submittal as sufficient information has not been provided to consider the revisions adequate to meet preliminary plat criteria. Planning Commissioners asked for clarification on what action needs to be taken this evening and were advised that the original application for a PDO is still before them as the Council did not act on it. Also, the revisions submitted do not constitute a preliminary plat submittal and therefore can be considered in concept only. Mr. Corsan was present representing Hokanson Development and indicated that the Council was in favor of a PDO. He stated that they were not sure where they should be going with the plat at this point. He indicated that City Ordinance states that anything above the normal water level can be included in the lots and this definition is different than "wetland" so an R -1X plat would include some of the wetland area in yard space. This could open another can of worms. An R -1X plat would meet the requirements of the ordinance but not include buffers etc. The PDO issue would be closed but other problems would be encountered. They would like some direction on where to go and would prefer the PDO. Chairman Robinson indicated that the City has reviewed several plats with longer cul -de -sacs than allowed by Ordinance and has approved the variances in the past. Tom Mesich asked about the Council Action and was told by Mr. Corsan that the PDO was approved and sent back to the P & Z. Planning Coordinator Wyland explained that the Council had not approved the plat but rather recommended it be returned to the P & Z with the comment that the Council was leaning toward the PDO concept because the City would have more control over the development. Ed Schones asked for clarification on the comment that the Council was leaning toward the PDO at 124 lots compared to the straight R -1X plat with 104 lots and an extra long cul -de -sac and was advised that the Council was referring to the PDO plat with the 124 lots. John Landers raised some concerns about not having additional Public Notice and /or Public Hearings when cases are continued as this one was. He felt the item should be tabled until legal notice in the paper and to the residents was accomplished. Chairman Robinson stated that a public hearing was held and closed and is not required again. Mr. Schneider indicated that staff concurred with Mr. Robinson's comments. Mary Kay indicated that she had talked with the City Attorney and that he stated after we have held the legal public hearing 3 • • • PLANNING & ZONING BOARD July 21, 1994 required by State Statutes it is then up to the interested citizens to follow the action through whatever course it may take. We are not required to do additional notifications. Darrell indicated that it is staff's opinion that the Council directed this back to the P & Z for their complete review, not indicating any approval by the Council. It is not clear to staff what exactly the applicant is asking for tonight. Mr. Schones agreed and advised Mr. Corsan that they had given the developer plenty of direction which he refused to follow. After further discussion Mr. Corsan was advised that the Board is not in favor of a PDO for this plat and should, again, pursue an R -1X Plat. Mr. Corsan stated that if PDO is not an option it should not be presented as such. Ed Schones stated that we have already told you what you should do. Mr. Mesich asked for clarification of Mr. Corsan's comments regarding ordinary high water mark. Mr. Brixius stated that there are two provision, one in the Zoning Ordinance and one in the Subdivision Ordinance. The more restrictive is in the Subdivision Ordinance which requires that all lots have proper dimension above the ordinary high water mark of any water course. Water course includes drainage ways, lakes, rivers and wetlands. We therefore use the boundaries of the wetlands as the ordinary high water mark. Mr. Corsan indicated that if they had known the PDO was not going to fly, when the property was rezoned from R -1 to R -1X they would have put up more of a fight. This has been very frustrating for them. Tom Mesich stated the he would feel more comfortable with the original PDO with an understanding that by reducing the 120 some lots to something more than 104 there is consideration given to the financial burden in the loss of the additional lots. Possibly consideration could then be given when discussing the improvements necessary to Holly Drive. There must be some common ground that can be reached. Mr. Schones stated that as a stewart of the land in the City of Lino Lakes, he is not here to worry about the financial needs of the developers that come into the City. His job is to make sure that we preserve the quality of life that we have here and stuffing homes into wetlands and next to wetlands does not increase the quality of life in the City. Mr. Corsan stated that they will be filling in 11 /100's of an acre of wetland for the roadway. Mr. Schones stated that this is ground we have been over several times. We should be done with this issue. Mr. Schones then made a motion to concur with the P & Z's original recommendation of denial of the PDO. Tom Mesich seconded the motion. 4 • • PLANNING & ZONING BOARD July 21, 1994 Ayes: Nordine, Schones, Mesich, Landers, Gelbmann Nays: Robinson Motion carried to concur with original recommendation of denial on the PDO. Mr. Schones stated that we are reaffirming what we did last month. In regard to a question from Chris Lydeen - he was advised that if a new application is submitted, a new public hearing and notification of property owners would be initiated. This item may, however, be forwarded as is to the Council at the August 8th meeting if so requested by the applicant. C. UDOR USA - Resolution Recommending Hearing on TIF Brian Wessel reviewed this item and indicated that the City has prepared a Tax Increment Financing Plan to establish District 1 -6 in the Apollo Business Park to provide assistance for the Udor USA facility. A Resolution recommending that the City Council hold a public hearing to adopt the plan is necessary from the P & Z. After review of the TIF Plan, Ed Schones moved and was supported by Rick Gelbmann to approve the Resolution. All voted aye. Motion carried. D. UDOR USA, Minor Subdivision Mr. Brixius explained that this is a request to convey a one acre industrial lot in the Lino Industrial Park to UDOR USA. The site is Zoned GI, General Industrial and the City has previously approved a lot area variance and site plan for UDOR. Staff would recommend approval with the conditions outlined in the July 7, 1994 Planning Report. Mr. Mesich made a motion and was supported by Mr. Gelbmann to approve the subdivision request with the conditions outlined in the July 7, 1994 Planning Report from NAC. All voted aye. Motion carried. E. 94 -16 -P, PUBLIC HEARING, Pine Ridge III Addition The Public Hearing was opened at 7:50 P.M. Mr. Brixius explained that this is a request to plat 19 lots for an overall density of 1.9 units per acre. The property is Zoned R -1X and is located south of Pine Ridge and west of Pine Ridge II. Lot depth, width and area meet all requirements of the R- 1X Zoning District. Two outlots are platted along Ware Road pending the possible location of a MWCC Sewer Lift Station. No building permits are recommended on these lots until this question is resolved and no assessments are recommended to be levied until that time. Staff would recommend approval with the conditions outlined in the July 6, 1994 Staff Report. • Mr. Schones stated that he was encouraged to see that you could build within the City of Lino Lakes and respect the 5 • • PLANNING & ZONING BOARD July 21, 1994 wetlands. Mr. Pat Thompson was present and expressed concern regarding additional access onto Ware Road and increased traffic. He also questioned the City's Tree Preservation Program. Darrell explained that the City Council will be reviewing the Ware Road question at a Work Session on August 17. He also advised the P & Z that this property is the southern -most parcel located within the existing MUSA boundary. The City's Police Department has been working with the residents on Ware Road and have sent flyers to contractors requesting they use alternate routes. Mr. Gelbmann indicated that some of the build up on Ware Road has occurred because of back up on Birch and Hodgson. Will this intersection be improved. Darrell explained that the State and County have been considering a traffic light at that location. The Public Hearing was closed at 8:15 P.M. After some discussion Tom Mesich asked if the developer was aware of the Engineering report and recommendations requiring erosion control in the back yards. Mr. Heth, SEH, indicated that he had talked with the developer regarding the erosion control recommendations. Mr. Mesich also asked if we could assess for road improvements and was advised that we did that on Pine Ridge I for those lots fronting Ware Road. Mr. Mesich then made a motion to approve the subdivision request with the following conditions: 1. Conditions outlined in the Planning Report of July ,6, 1994 with the correction that Condition No. 1 indicate that Lots 1 and 2 be designated as outlots and no permits issued until utilities are available. Conditional No. 3 be corrected to indicat lots 6 and 7. 2. Conditions indicated in the Engineering Report dated July 20, 1994. 3. The condition that sod be installed on any disturbed ground. Ed Schones seconded the motion. All voted aye. Motion carried. F. TEXT AMENDMENT, PUBLIC HEARING - Zoning Ordinance Amendment Pertaining to LI and GI Zoning Districts. Public Hearing opened at 8:30 P.M. Mr. Brixius explained that a text amendment has been prepared which would reduce the minimum lot width requirements for LI and GI District and reduce the minimum lot size requirement within a GI District. Additionally the amendment creates an exception to the Ordinance standard regarding side yard setback requirements for driveways. The purpose of this Ordinance Revision is to provide flexibility with regards to encouraging economic development within the City. The EDAB has indicated their support of this proposed revision. 6 • • PLANNING & ZONING BOARD July 21, 1994 After some discussion the Public Hearing was closed at 8:45 P.M. Mr. Schones made a motion recommending approval of the text amendment and was supported by Mr. Gelbmann. All voted aye. Motion carried. VI. DISCUSSION ITEMS: A. Clearwater Creek Development (I -35E) Mr. Tony Emerich and Larry Olson were present to discuss a proposed request to plat 300+ single family lots in an area east of I -35E and south of Cedar Street. A rezoning of the property would be necessary and utilities developed to serve the area. The developer would be willing to install a water system large enough to serve the area at the direction of the City. A traffic study is currently being prepared by SEH to determined needs for the area should this development occur. The developer is interested in phasing the development and would hope to start in the fall or early spring of 1995. Darrell indicated that the City has talked with Hugo regarding the possibly of sharing an elevated water tank and will continue working with them on the possibility. Some concerns were expressed regarding traffic by Mr. Gelbmann. Mr. Robinson indicated that he felt this was a good concept and Mr. Mesich agreed. The developer will be returning in the near future with a preliminary plat for consideration. VII. ADJOURNMENT: Upon the unanimous consent of the Board the meeting was adjourned at 9:10 P.M. 7