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HomeMy WebLinkAbout11/09/1994 P&Z Minutes1 Planning & Zoning Board November 9, 1994 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES 1V 41 VVC1.1Ct Y,. TIME STARTED : 6 :33 TIME ENDED MEMBERS PRESENT: MEMB ALSO ERS ABSENT : PRESENT : Con Powell P.M. 10:04 P.M. Gelbmann, ;Landers, Mesch, < Nordin,! Robinson, Schaps, ', Schones None Planning Coordinator Wyland, Economic Development Director Wessel, Planning Consul Brixius, and Acting City Engineer J.79;< I. II. IV. V. • CALL TO ORDER AND ROLL CALL: APPROVAL OF MINUTES: John Landers made a MOTION to approve the minutes of the October 12, 1994 meeting as submitted and was supported by Ed Schones. Tom Mesich abstained, Gelbmann, Landers, Nordine, Robinson, Schaps and Schones all voted aye. Motion carried. APPROVAL OF AGENDA: Agenda was approved as presented. OPEN MIKE: There was no one present to speak under Open Mike. ACTION ITEMS: A. 94 -27 -S, Hardwood Creek Farm, 2306 80th Street Site Plan Review. Planning Coordinator Mary Kay Wyland presented a staff report regarding this request to move a single family home onto the property located at 2306 80th Street. The property is located on the south /west corner of 80th Street and Elmcrest Avenue and is Zoned R -BR. Ms. Wyland indicated the City's Building Inspector, Pete Kluegel, has inspected the dwelling and indicated the structure is sound and in good repair. Ms. Wyland indicated staff would recommend approval of the request to relocate a structure to the property at 2306 80th Street. The staff recommends the address for the new structure will be on Elmcrest Avenue. As a condition of approval staff would suggest the following: 1. A permit be obtained from the Rice Creek Watershed District. We understand that an application is being reviewed by the Board on Wednesday, November 9, 1994. • Planning & Zoning Board November 9, 1994 2. Proper building permits be obtained for the structure and garage addition. 3. The septic system be installed as per the recommendation of Mr. Dale Eklin. Mr. Gelbmann inquired if there is a limit to dwellings on a property. Ms. Wyland indicated in the R -BR zoning there is no required limit. Ed Schones made a MOTION to recommend to the City Council approval of application 94 -27 -S, Hardwood Creek Farm, 2306 80th Street, Site Plan Review with conditions outlined above and was supported by Rick Gelbmann. All voted aye. Motion carried. B. 94 -28 -P, Kevin McLevish, 6880 Rustic Lane, Subdivision Ms. Wyland presented a brief staff report regarding a request to split a 1.74 acre parcel of property into two lots. She indicated the property is Zoned R -1, Residential and indicated as urban residential in the Comprehensive Plan. Utilities are available to serve both sites and, in fact, services have been stubbed to the property line off Glenview Drive. The applicant is aware that assessments will be due and payable on the newly created lot. Ms. Wyland indicate staff would recommend approval of the proposed subdivision with the following conditions: 1. Both properties be connected to City utilities. 2. A park dedication fee be collected on the newly created lot at the time of deed recording. 3. Drainage and building plans be approved prior to issuance of building permits on the new lot. John Landers made a MOTION to recommend to the City Council approval of application 94 -28 -P, Kevin McLevish, 6880 Rustic Lane subdivision with conditions outlined above and was supported by Kathleen Nordine. All voted aye. Motion carried. C. Continuation Of Public Hearing: Clearwater Creek, Otter Lake Road And Cedar Street, Rezoning And Preliminary Plat Chairman Schaps CONTINUED the public hearing at 6:50 p.m. Planning Consultant Alan Brixius presented a brief staff report reviewing the request for rezoning from Rural to R -1 and preliminary plat for Clearwater Creek. Mr. Brixius reminded the Board to be aware of the time restraints of this application. He indicated this 2 • • • Planning & Zoning Board November 9, 1994 development is in keeping with the Comprehensive Plan for Lino Lakes. Acting City Engineer John Powell reviewed the proposed utility improvements. He pointed out the critical mass required to finance the project would be covered in the first two phases of the development. Mr. Powell indicated a traffic study had been done. According to the study, after the completion of all phases it is forecasted that approximately 4,500 trips would be made on County Road 84 and that, according to the Traffic Engineer, the roadway is adequately designed to handle the additional traffic load. Larry Olsen, consultant for Tony Emmerich Homes, indicated the proposed phasing per staff request. He indicated there would be an average of 60 -70 lots per phase developed. He indicated the developer hope's to see approximately 75 permits on an average year and they would proceed to the next phase when approximately 60% of the lots were sold in each phase. Mr. Olsen indicated a change to the connecting street to Otter Lake Road to alleviate sight distance issues and the entrance to the development has been enlarged. Mr. Olsen indicated there has been a reduction from 157 lots to 154 lots in the preliminary plat. He noted all the lots are well within the lot size requirement, lots range in size from 10,800 square feet to 27,000 square feet. He pointed out if the property to the south is not obtained the dead end street would be looped around to the other street. Mr. Brixius indicated staff recommend approval of rezoning and preliminary plat. The applicant, Mr. Tony Emmerich, indicated he had held a neighborhood meeting approximately two weeks ago. Mr. Gelbmann indicated concern for pedestrian traffic on Otter Lake Road. Mr. Emmerich noted the trails throughout the subdivision and in phases five and six a trail corridor would be provided. Mr. Schones inquired if traffic studies reflect the future phases. Mr. Powell indicated the study does reflect all phases. 3 • • • Planning & Zoning Board November 9, 1994 Mr. Mesich inquired if the City is able to put limits on the lots developed in each phase. Mr. Brixius indicated the fact that each phase would be required to be 60% developed would give the City some control. Mr. Landers indicated concern regarding the dchools, White Bear Lake District indicated new schools would be recommended, but they have no plans of expanding and in fact are currently cutting back. Chairman Schaps opened the floor to comments from the audience. Tom Donlin, 6100 Otter Lake Road, inquired about the sewer and water costs. Mr. Powell indicated the cost for an improvement benefiting the entire City would be shared by the entire City. Mr. Jay Cain, 6584 Otter Lake Road, indicated continued opposition to the development. He feels the traffic increase could not be supported by Otter Lake Road. He continues to feel this is an "island" development. He indicated future phases of this development contain his land and he has not sold it and has no intention of selling. He feels this is an assumption on the part of the developer and indicated the costs to develop this parcel are extensive. Mr. Cain indicated the designated park land is marshy and not appropriate for park land. Mr. Powell indicated the costs for this project are very similar to any other project, there is nothing extraordinary to this development. He indicated the traffic study was done by professionals and the traffic projected was due to the development. Mr. Emmerich wished to clarify the park land dedication. Using the map, he noted only a portion of the land labeled park is actual park, the wetlands are not included in the park land dedication. Mr. Art Hawkins, 6102 Centerville Road, indicated perhaps the City was moving too fast in developing new areas and should slow down. Ms. Darla Lowell, 6559 24th Avenue, indicated support for the development. She indicated they purchased their land with the knowledge of a future roadway easement and the knowledge future development could be possible. She added that the Cain property also contains this roadway easement and that Mr. Cane advertised his property for development all summer. She stated that the homes constructed in this development would provide good tax base. 4 • • • Planning & Zoning Board November 9, 1994 Sherrie Eisele, 6509 24th Avenue, indicated this development is very large and will consist of over 400 homes when completed. She indicated concern for the impact this development would have on the school system. Dennis Cunningham, 2310 Cedar Street, -,U. indicated opposition to the development. He stated that 12 years ago he and his wife were required to obtain signatures from all residents within 300 feet of their property in order to allow the boarding of horses. He indicated no one has asked the surrounding neighbors for permission for the development. He indicated poor road conditions and overcrowded schools as additional reasons for opposition. Mr. Tom Schuette, representing the commercial property owners at 35E and County Road 14, pointed out thAt this property is zoned Gateway Commercial. He indicated support for this development since it would - provide utilities to the area. He noted that commercial development will not be possible without the extension of utilities. Economic Development Director Wessel indicated that the EDAAB passed a resolution at their meeting of November 3, 1994, supporting the proposed development. Ms. Karen Cunningham, 2310 Cedar Street, indicated opposition to the development. She expressed concerns for the drainage onto her property, overcrowded schools, the condition of Otter Lake Road and the density of the development. Mr. Mesich inquired if the drainage plan is part of the preliminary plat application. Mr. Powell indicated that a preliminary drainage plan had been submitted with the preliminary plat information. Specific details, however, are not available at this time. Mike Cross - Schmitz, 6440 Otter Lake Road, indicated there is a seasonal creek that would prevent a loop in Street E. He indicated continued opposition to the development. Mr. Mesich inquired who did the delineation of the wetlands. Mr. Emmerich indicated the delineation had been done by professionals. Mr. Mesich inquired as to the amount of fill. Mr. Emmerich indicated minimal fill would be done. Maryanne Cross - Schmidt indicated concern for the traffic on Otter Lake Road, she is also in opposition to the development. 5 • • • Planning & Zoning Board November 9, 1994 Mr. Al Demotts, 6265 Holly, reminded the Board of the construction of the new theater complex, which will add to the traffic. Ms. Amy Donlin, who serves on the Park Board, requested the ability to address the Board as a resident., Chairman Schaps allowed her to speak as a resident. Ms. Donlin indicated opposition to the development. She indicated numerous concerns: overcrowded schools, too many roof tops, not a sufficient tax base and drainage. Mr. Wessel responded that EDAAB would like to see utilities extended into the commercial area. In order for this to happen, a residential development, with the proper critical mass, is needed in the area. Mr. Cain indicated only high profile, executiv& homes should be developed if the project went through. Mr. Emmerich stated that the projected value of homes for the area is $150,000 to $400,000. Mr. Olsen reviewed a drawing which indicated that there are 21 lots (14 %) between 10,800 & 11,000 sq. ft.; 36 lots (23 %) between 11,000 & 13,000 sq. ft.; 14% between 13,000 & 15,000 sq. ft. and 49% are at or above 15,000 sq. ft. Additionally, the square footage figures have been calculated above the wetland. The larger lots sizes naturally dictate higher value homes. Mr. Schones questioned the park dedication which was explained by Mr. Emmerich. Mr. Emmerich also advised the Board that their total park dedication exceeds that required by the ordinance by almost 10 %, for a total dedication of near 20 %. Al Robinson made a MOTION to CLOSE the public hearing and was supported by John Landers. All voted aye. Motion carried. The public hearing was closed at 8:49 p.m. Tom Mesich made a MOTION to recommend denial of application 94 -25 -P for rezoning of Clearwater Creek from Rural to R -1 because the submittal falls short of the criteria required in reviewing a rezoning in the area of traffic and facilities. He was supported by John Landers. Chairman Schaps asked if staff would need specific findings of fact and was advised by Mr. Brixius that they would. He than asked Mr. Mesich to outline his reasons for recommending denial. Mr. Brixius outlined the criteria: 6 • Planning & Zoning Board November 9, 1994 1. Consistency with Comprehensive Plan: Mr. Mesich replied yes 2. Compatible with present and future land uses: Mr. Schones indicated that this was questionable, in his opinion. Mr. Mesich stated future land uses - yes -it may be compatible, however, there are no other R -1 areas near this proposed development. 3. Conforms with performance standards within the Zoning Ordinance. Mr. Mesich stated that he has concerns about the wetland delineation which he feels will be addressed by the City. 4. The proposed use can be accommodated by e *isting public services and will not overburden the city service capacity. Mr. Mesich stated that the City capacity might not be a problem unless the phasing was so great it put a burden on the City Building Inspectors. There is, however, a question about the school facilities. The letter from WBL did not address the question to my satisfaction. 5. Traffic generated by the proposed use is within the capability of the streets serving the property. Mr. Mesich stated that it sounds like Otter Lake Road can not handle the traffic that would come out of this development regarding the condition and capacity of the roadway. Mr. Gelbmann stated that he was concerned about bicycle and pedestrian traffic and it has not been addressed. Mr. Schones felt the traffic study was done with the complete project in mind and the flow through the development, therefore, this individual phase could pose problems with circulation. Mr. Gelbmann stated that he asked at last meeting how much traffic would be generated by the theater complex. John Powell indicated the theater complex would involve off -peak traffic and that it was taken into consideration. Planning Coordinator Wyland indicated that she had spoken with Mr. Glen VanWormer, SEH, who prepared the traffic report and that he indicated traffic from the theater complex would not significantly impact this proposed development. John Landers stated that there would be additional major traffic turnover during holiday times. 7 • • • Planning & Zoning Board November 9, 1994 Mr. Schones stated that common sense dictates that we move cautiously and wait. There has been a lot of building, 20/20 Vision is in progress, and I think it is prudent that we slow down. Mesich, Landers, Gelbmann, and Schones voted iri favor. Nordine, Robinson, and Schaps voted in apposition. Motion carried. John Landers made a MOTION recommending denial of application for preliminary plat for Clearwater Creek and was supported by Ed Schones. Landers, Mesich, Gelbmann and Schones voted in favor. Nordine, Robinson and Schaps voted in opposition. Motion carried. A brief recess was taken at 9:06 p.m. The meeting reconvened at 9:13 p.m. VI. DISCUSSION: A. Gary Uhde /Lino Air Park Discussion Item. Mr. Brixius indicated at the last meeting a brief presentation was given regarding the issue of the Lino Air Park. He indicated one correction he would like the Board to note, the lots sizes are not 1 acre, but average 30,000 square feet, the average dimensions would be 120 feet x 260 feet. Mr. Brixius indicated he would like to see a P.D.O. used only to provide flexibility for the hangers, regarding oversized buildings. Mr. John Johnson, Engineer for Mr. Uhde, indicated the changes that would be made to the lots, nine lots would be designed from seven currently platted lots along the Air Park run -way. He indicated the actual net increase of lots for the entire area would be between 5 -10 lots. He also indicated Thomas Avenue would not be extended. Mr. Johnson requested guidance from the Board regarding the preliminary plat and P.D.O. Mr. Brixius indicated the process would consist of two stages, 1) a revised plat and 2) P.D.O. Discussion was held regarding the Board's concerns. Chairman Schaps indicated a general feeling of the board would be to approve the project, although there was concern that the property was not currently in the MUSA. B. Non - conforming Use Ordinance Revision, was tabled until the next meeting. 8 • • • Planning & Zoning Board November 9, 1994 C. Two Principal Uses on one lot. Mr. Brixius requested direction of the Board regarding the current ordinance. He would like to revise the ordinance to limit one principal use on a lot in all residential zones. It was the consensus of the Board to direct staff to draft an amendment regarding Principal Uses on a lot. D. Conflict of Interest. Mr. Robinson said it had been suggested by John Landers that he, Robinson, perhaps had a conflict of interest, serving on the Planning and Zoning Board. Mr. Robinson asked Mr. Landers what the conflict would be. Mr. Landers indicated a reference to the sale of sod to developers. Mr. Robinson stated he believes any new development will benefit any number of businesses in the community and he is one of the businesses, he does not believe this is a confiict of interest. Mr. Robinson added that Mr. Landers has not had a positive vote for development while he has-been on the Board and that he takes exception to him speaking out about him as he has. If he has a problem with Mr. Robinson he should deal with it face to face! VII. ADJOURNMENT: Upon unanimous consent of the Board the meeting was adjourned at 10:04 p.m. Respectfully submitted, Ruth Mclaurin TimeSaver Off Site Secretarial