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HomeMy WebLinkAbout10/12/1994 P&Z Minutes• PLANNING & ZONING BOARD October 12, 1994 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES TED; EMBERS PRES uc, vva0rsl. 6: 9 ............................. ............................. elbmann. obinson, ........................... ........................... ................ ................ lann.::. ................... ................... eve1oj Can0u'1tai Powell ............................. Landers, Nordine Schaps, SOW: Meg anK . no __.Eco ........... .................:............. rector Wessels Plannin_ x cius an t` Act ng C y Engineer I. CALL TO ORDER AND ROLL CALL: II. APPROVAL OF MINUTES: Al Robinson made a MOTION to approve the minutes of the September 14, 1994 meeting as submitted and was supported by John Landers. All voted aye. Motion carried. III. APPROVAL OF AGENDA: Item V C a public hearing pertaining to the Marshan Condominiums has been withdrawn from the agenda by the applicant. • IV. OPEN MIKE: Chairman Schaps declared the Open Mike portion of the meeting opened at 6:35 p.m. Chairman Schaps at this time asked if anyone in the audience wished to address the Planning and Zoning Board. • Michelle Whitney came forward inquiring about a variance request and permit fees. Chairman Schaps indicated perhaps this item should be under the Discussion portion of the agenda, the Board concurred. Bruce Hanson, 6980 Lake Drive, addressed the Planning and Zoning Board inquiring if the rezoning of the property for the Marshan Condominiums was also not going to be addressed at this time. Chairman Schaps indicated the rezoning and review of the preliminary plat would be postponed along with the public hearing. Steve Hoppe made comments regarding the public hearing to be held for the Marshan Condominiums. Chairman Schaps indicated Mr. Hoppe would be able to relate his concerns at the public hearing to be held at a later date. He then inquired as to the current zoning of the property. Planning Consultant Alan Brixius indicated the current zoning is R -4, High Density Residential. Mr. Hoppe inquired if the Board has any power to change what type of development is on the site. Chairman Schaps clarified that the Board is an advisory board and the final approval lies with the City Council. Mr. Brixius noted Staff has met with the applicant revealing concerns of Staff and the applicant has removed • PLANNING & ZONING BOARD October 12, 1994 the item from the agenda to further review options. Mr. Hoppe inquired as to who is able to request rezoning of a property. Mr. Brixius indicated either the City or the property owner, but not surrounding property owners. Chairman Schaps suggested Mr. Hoppe contact the developer to set up a meeting between the developer and neighborhood. Al Robinson made a MOTION to close the Open Mike portion of the meeting and was supported by John Landers. All voted aye. Motion carried. Open Mike portion was closed at 6:47 p.m. V. PLANNING ITEMS: A. 94 -24 -P, PUBLIC HEARING, K -G Development Inc., Preliminary Plat for the Woods of Baldwin Lake II. Planning Consultant Alan Brixius presented a brief report regarding this request for a preliminary plat application for the Woods of Baldwin Lake 2nd Addition to divide a 5.6 acre property into 13 single family lots. The property is located in the southeast corner of the intersection of White Pine Road and Baldwin Lake Road. The property lies within the R -1X, Single Family Executive Residential District. Mr. Brixius recommends approval of the Woods of Baldwin Lake 2nd Addition preliminary plat, subject to the following conditions: 1. The Grading, Drainage, and Utility Plan is subject to review and approval by the City Engineer and the Rice Creek Watershed District. 2. Utility easements must be provided on the Final Plat, and be at least 10 feet wide, centered on rear and other lot lines. Said easements are also subject to review and approval of the City Engineer. 3. All building pad elevations must be at least 3 feet above the high water level of the wetlands. 4. The applicant must make a cash contribution in the amount of 10 percent of the fair market value of the subject property to satisfy the park dedication requirement. 5. The applicant shall enter into a development agreement with the City. 6. Comments by other City Staff. • Mr. Landers inquired if there were concerns of drainage, since on the First Addition there were problems with a 2 • • • PLANNING & ZONING BOARD October 12, 1994 resident's driveway that was under water due to the development. Mr. Landers inquired if the City can assure the surrounding residents of no future problems. Acting City Engineer John Powell indicated the majority of the flow is south and would go towards the roadway, not causing the same type of problem as with the First Addition. Chairman Schaps inquired if the applicant would like to make a presentation. Mr. Rocky Goertz, president of K -G Development, stepped forward to answer any questions the Board might have. Mr. Goertz indicated a permit from the Rice Creek Watershed is pending. Chairman Schaps OPENED the public hearing at 6:55 p.m. Mr. John Thompson, 6125 Baldwin Lake Road, indicated concerns regarding drainage. Mr. Thompson owns the property directly across from this development. Mr. Thompson has no real objection to the development, but has concerns regarding the holding pond, and that the water would drain across his land. Mr. Thompson indicated the property on that portion of his land is already low and he uses it currently as a horse pasture. Mr. Thompson foresees problems with the drainage. Mr. Powell indicated several options that would resolve Mr. Thompson's concerns. Mr. Powell indicated emergency overflow would need to be clarified by the developer's engineer. Ms. Roxanne Lapadat, 130 Woodridge Lane, indicated she had concerns that she was not notified of this meeting tonight. Planning Coordinator Wyland indicated the requirement of notification is for property owners within 350 feet of the site. Ms. Lapadat indicated she was too far, perhaps, for notification. Ms. Lapadat indicated a concern for traffic speed on Woodridge Lane. She suggested perhaps a stop sign could be added for Woodridge Lane traffic at Oakwood to slow traffic down. Ms. Lapadat indicated the construction traffic is also a concern, perhaps construction traffic could be blocked. Mr. Arlyn Wiersema owns property considered wetlands. He also has concern for the traffic. Mr. Jim Massa lives on the North side of Baldwin Lake Road where White Pine Road intersects. Mr. Massa indicated he built a home a year ago and came before this Board and the neighborhood voted down a sewer system. Mr. Massa's concern 3 • • • PLANNING & ZONING BOARD October 12, 1994 was if he would be assessed for the new sewer system that is proposed. Mr. Powell indicated Mr. Massa would not be assessed for the sewer system unless he was to connect to the system. Mr. Powell indicated the cost of the sewer extension is being covered by the developer. Mr. Don McMahan, 6116 Baldwin Lake Road, indicated several concerns: 1)traffic, construction workers from previous developments have trespassed on his land using his driveway; 2)erosion from the excavation of the development; 3)drainage; 4)cash contribution instead of land for park dedication. Ms. Mary Ann McDougal, 6116 Baldwin Lake Road, inquired if a temporary fence could be put up so as not to infringe on the easement of their property and if the Board could require this as part of the agreement. Chairman Schaps felt this could be established. Ms. McDougal inquired as to the plan for street lights. Mr. Powell was not sure about the plans and will ask the Public Works Department and inform Ms. McDugal. Mr. Robinson indicated a silt fence is required. Mr. Goertz assured the residents if anytime during development there are concerns, please contact him, a number will be on a sign at the site and he would be happy to resolve any problems that may arise. Mr. Goertz indicated good public relations is essential to a good business. Mr. Goertz indicated the Rice Creek Watershed District is strict on their policies and erosion is a concern that is addressed in the permit process. A silt fence is required and would be kept in place. Regarding the drainage concern, alternatives to a culvert could be addressed. Mr. Goertz indicated traffic problems, should they arise where subcontractors are endangering children or families, to please notify him. Mr. Goertz will follow any directions the City indicates with signs and flow of traffic. Mr. Goertz, referring to park dedication, noted there is not enough land available for dedication and the dollar amount of the contribution is sizeable, between $15,000 and $16,000. Mr. Goertz stated he would have a neighborhood meeting to address any additional concerns of the residents. • • • PLANNING & ZONING BOARD October 12, 1994 Al Robinson made a MOTION and was supported by Ed Schones to CLOSE the public hearing. All vote aye. Motion carried. The public hearing was closed at 7:30 p.m. Mr. Powell addressed drainage concerns and also indicated the Park Board is addressing trespassing onto the McDougal's land by installing a barricade to prevent vehicular and other trespassing. Mr. Powell indicated erosion issue is also addressed by MPCA with the permitting process. John Landers made a MOTION to deny application for Preliminary Plat, due to the unresolved issue of drainage and was not supported. Al Robinson made a MOTION to approve application for Preliminary Plat of Woods of Baldwin Lake II with stated conditions. Ed Schones inquired as to the inclusion of a silt fence on this motion. Mr. Brixius recommended since the McDougal's easement is outside the plat, the Commission could recommend all plat access occur within the public street right of way or within the plat itself. Al Robinson indicated he would make an AMENDMENT to the MOTION, stating all plat access occur through the public street right -of -way or within the plat boundaries, and was supported by Rick Gelbmann. 5 voted aye - 1 voted nay, with John Landers opposing. Motion carried. Chairman Schaps indicated this item would be considered at the City Council Meeting on October 24, 1994 for those who are interested. Al Robinson requested to be excused at 7:40 p.m. B. 94 -25 -P, PUBLIC HEARING, Gore -em LLC, Preliminary Plat and Rezoning from Rural to R -1 Single Family for Clearwater Creek. Mr. Brixius presented a brief report indicating Gore -em L.L. Corporation's request for preliminary plat approval of a 157 lot single family subdivision entitled Clearwater Creek. The subject 121 acre site is located east of Interstate 35E and south of Cedar Street. Mr. Brixius indicated the proposed subdivision will open a new area of Lino Lakes for development. The successful development of the residential plat will offer the City the opportunity to provide municipal utilities to the I -35 and County Road 14 interchange area, opening areas of commercial and industrial zoning for economic development. • • • PLANNING & ZONING BOARD October 12, 1994 Mr. Brixius indicated several studies are ongoing including: TDKA, an Area Wide Utility Feasibility Study; SEH, The Otter Lake Improvement and Alignment; and OSM, in cooperation with the City of Hugo, the City is participating in an area Storm Water Management Study. Mr. Brixius reviewed concerns of Staff. He stated that with a number of studies pertinent to this subdivision being outstanding, he does not believe sufficient information is available to properly evaluate this development proposal. He recommended a continuation of the public hearing to the November Planning and Zoning Board meeting. Mr. Gelbmann inquired as to the current traffic generation. Mr. Brixius indicated he did not have that information available tonight. Mr. Gelbmann indicated the Town of White Bear Lake has approved a multi - theater complex on Centerville and Ash, will this have an impact on the traffic. Mr. Brixius indicated they have received the traffic impact analysis and he believes this information was available to SEH when their report was made. Mr. Landers indicated a concern for the number of new homes that would be built through the five year phasing, this would indicate 91.2 new homes each year and he feels this is too many. Mr. Brixius indicated generally the limit to phasing would be based on market conditions. Chairman Schaps OPENED the public hearing at 7:55 p.m., reminding the audience that the public hearing will be continued to the November meeting. Mr. Jay Cain, 6584 Otter Lake Road, indicated he had several comments and question. Mr. Cain indicated his property, which is directly south of the proposed development, is not for sale for development. Chairman Schaps requested Mr. Cain to point out his property, which is directly south of the proposed development. Mr. Cain indicated a concern that this development would be an "island" of development and incompatible to surrounding land use, surrounding properties are horse farms and to suggest this property is compatible is incorrect. Mr. Cain noted this type of development would be very costly and inquired if the City is subsidizing the project in any way. Staff indicated the developer would cover all costs of the project. • PLANNING & ZONING BOARD October 12, 1994 Mr. Cain inquired if the developer is covering the cost of wells, etc., how can this be indicated as opening up the area for future development. Mr. Powell stated any improvements that benefit the City, such as storage tanks or wells sized for City use, would be covered by the City. Mr. Cain inquired if the costs would be made available to the public. He also stated that he had a major concern for a proposed roadway intersecting onto the 55 mph roadway, the intersection is on the crest of the hill and entry onto the roadway would be blinded. Mr. Cain also questioned the Park Dedication as the area indicated is swamp land. Mr. Brixius indicated the Park District will be reviewing the location of the Park Dedication at their meeting on the first Monday of November. Maryanne Cross - Schmitz, 6579 24th Avenue, indicated concerns regarding the wildlife on the land. Ms. Cross - Schmitz agrees with Mr. Cain and does not feel the development is compatible, she is opposed to the development. Mr. Ken Speltz, 6440 Otter Lake Road, property south of Mr. Cain, agrees the development is not compatible. He believes this Otter Lake Road will not be able to support the traffic and that the lifestyles of his family and neighbors would be drastically affected by this development. Ms. Tammy Flechner lives directly east of Mr. Cain. Ms. Flechner indicated the value of her property is approximately $300,000 and feels the development would decrease the value of her property. Ms. Flechner indicated concerns for the wildlife which she enjoys on her property. Ms. Flechner indicated the mature trees would also be affected. She recommended the developer meet with the surrounding property owners to address the concerns of the neighbors. Mr. Mike Cross - Schmitz, indicated concerns regarding the drainage. He indicated he also will not be selling any portion of his land. Mr. Tony Emmrick developer for the property stepped forward. Mr. Emmrick indicated the majority of the homes would be executive homes. Mr. Emmrick indicated a neighborhood meeting would be set before the next Planning and Zoning Board meeting. Chairman Schaps inquired as to the proposed price range of the homes to be developed. Mr. Emmrick indicated the price would range from $150,000 to $450,000. Mr. Schones inquired as to the number of homes in the 411 phasing. Mr. Emmrick indicated the number would still be 7 PLANNING & ZONING BOARD October 12, 1994 III approximately 100 per year, but he noted he would work with the City. Ms. Nordine inquired as to what the developer would do, if he was not able to obtain the additional land desired. Mr. Emmrick indicated the land currently under contract would meet any critical mass requirements and cover any utility costs. Mr. Landers inquired as to the location of the sewer and water. Mr. Powell indicated it would be via a lift station to the force main on Cedar Street to the Forest Lake interceptor. The water source and storage would be located on the east of 35E with a trunk extension across 35E to the rest of the system. Mr. Landers inquired if the resident who do not wish to sell would be affected by the sewer and water development. Mr. Powell indicated it would have to be developed within the plat. Ms. Karen Cunningham, 2310 Cedar Street, explained her property would border the development. Ms. Cunningham's concern is the drainage, the surrounding wetlands, and a concern for the wildlife. She felt her way of life would be affected and opposes the development. Mr. Jim Keefe, 6300 Rolling Hills Drive, directly south of the second phase, indicated concerns of development located in the middle of large acreage, creating an island of development. Mr. Keefe indicated opposition to the development. Ed Schones made a MOTION to CONTINUE the public hearing until the November meeting and was supported by Rick Gelbmann. All voted aye. Motion carried. VI. DISCUSSION A. Michelle Whitney inquired as to the feasibility of a variance for an accessory building. Her property is located in a Neighborhood Business Zoning District and is considered a pre- existing non - conforming use. No structural alterations are allowed. Ms. Whitney indicated earlier she would like to construct an addition to her garage for a total of 960 square feet. The existing garage is 460 square feet. Planning Coordinator Wyland indicated this problem is not an unusual one, and Staff has discussed reviewing the issue. Mr. Landers inquired as to the size of surrounding lots. • Ms. Whitney noted the average size of the lots is one acre. • • • PLANNING & ZONING BOARD October 12, 1994 Ms. Whitney indicated the property in question is approximately two lots north of a possible realignment of Apollo Drive (Lilac) at Lake Drive. Mr. Brixius indicated the premise of the Non - Conforming Use Regulations is to allow use to continue after it becomes Non - Conforming. Mr. Brixius indicated the issue of accommodating the single family homes is faced on a daily basis and recommended that perhaps amending the ordinance could be considered. Ms. Nordine indicated changing the ordinance would take longer than providing a variance. Mr. Brixius indicated a variance would set precedence on the issue, but could be covered in the new ordinance. Ed Schones inquired as to what is allowed in R -1 District, for accessory buildings. Ms. Wyland indicated 1,000 square feet is the limit to the size of the building, no matter the size of the home. After discussion, it was concurred if the variance would come before this Board it would be denied. Ed Schones made a MOTION to direct City Staff to review Ordinances relating to Non - conforming Uses to correct this problem and future problems, and was supported by John Landers. All voted aye. Motion carried. B. Behm's Century Farm /Lino Air Park - Discussion. Mr. Brixius briefly review the issue for Board members. He indicated Gary Uhde has discussed the acquisition of this portion of Lino Air Park and is looking at the potential re- subdivision in conjunction with Behm's Century Farms. A P.D.O. may be necessary to allow hanger facilities for those sites on the air park. Ms. Nordine inquired as to the size of the hangers. Mr. Brixius indicated approximately 40' x 40' or larger. Discussion was held relating to the Air Park and the proposed P.D.O. Mr. Brixius indicated he would provide a site plan for review at the November meeting. C. Accessory Building Ordinance. Ms. Wyland presented a brief report regarding the request for Ordinance review. Ms. Wyland indicated following a denial of a variance request by Mr. Neil Banta, the City Council directed staff to review the accessory building section of the Zoning Ordinance, in particular Section 4, Subd. 7 (9) (G) which deals with accessory building specifications for lots 32,671 acres to less than 1.25 acres in size. 9 • • • PLANNING & ZONING BOARD October 12, 1994 Ms. Wyland indicated staff believes that the current accessory building requirements are satisfactory and should not be altered to increase the amount of accessory building space permitted. The City Building Inspector supports the existing ordinance 100 %. D. Chairman Schaps requested a letter from Carolyn Graff of 6613 Ruffed Grouse Road be entered into the record. Chairman Schaps reviewed the concerns of the Graffs and the unsightly stock pile of dirt located near their property. Chairman Schaps indicated the City has taken steps to resolve the problem by freezing any further building permits for the Quail Ridge Development. E. A question was raised referring to monuments on developments. Ms. Wyland indicated it is not a requirement and that some developers have taken it upon themselves to construct the monuments. The City sees them as somewhat of a future maintenance concern. VII. ADJOURNMENT: Upon unanimous consent of the Board the meeting was adjourned at 9:32 p.m. Respectfully submitted, Ruth McLaurin TimeSaver Off Site Secretarial 10