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HomeMy WebLinkAbout04/14/1993 P&Z Minutes• • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES dnesd ....................... ...................... ....................... S........T......A....RT........D......._..: .......................3 .. . ....> . ...> . ........>..z . * .3 ...>...0 ..... ....F _........ ..............;.. . . . .. . _ SENT' ................. ................ Rob naa. ............................. ............................. MEMBER. ABSENT s Nordine ALSO PRESENTVP ngineer ;Schneider, City Planner Brix usr planning Coord .n for alai v esi± ................ ................ ................ ................ *bon± I. CALL TO ORDER AND ROLL CALL: Chairman Schaps called the meeting to order and asked for Roll Call. II. APPROVAL OF MINUTES: Al Robinson moved approval of the March 10, 1993 meeting as submitted and was supported by Ed Schones. All voted aye. Motion carried. III. OPEN MIKE: There was no one present to speak under Open Mike. IV. ACTION ITEMS: A. 92 -49 -S, Living Waters Church, Birch Street, Site Plan Review /Conditional Use Permit Mary Kay Wyland reviewed this request which was tabled from the November '92 meeting of the P & Z. At that time a subdivision request was approved with final site plan review for the conditional use permit to be considered at a later date. The site plan has now been submitted for approval. Anoka County Highway Department has recommended removal of the southerly access to the site and RCWD has concurred. The Staff report was reviewed and approval recommended with four conditions. The applicant was present and indicated no objections to the staff report. After some discussion Ed Schones made a MOTION and was supported by Al Robinson to approve the site plan for the conditional use permit as submitted with the following conditions: 1. All conditions contained in the original planning report of • November 5, 1992 shall be complied with. • • • Planning & Zoning Board 2 April 14, 1993 2. A deposit in the amount of 1% of the construction costs shall be posted, prior to issuance of any building permits, to insure compliance with the permit and completion of all site improvements. 3. The landscaping plan shall be reviewed with the City Forester and modifications made as recommended. 4. Approval of site and drainage plans be received from the Rice Creek Watershed District. 5. Parking shall be according to the 1993 ADA - 6 stalls provided with one being van accessible. All voted aye. Motion carried. B. 93 -1 -P, Country Lakes Estates, Birch Street, Preliminary Plat and Planned Development Overlay, Public Hearing Planning Consultant Brixius reviewed this request which is to plat 60 single family lots in an R1 Zoning District. A PDO is also being requested to allow some flexibility in lot size. There have been some problems in the design of this subdivision due to some inconsistencies within the City Ordinances. The Subdivision Ordinance requires lot area to be based on the land above the ordinary high water mark. The Zoning Ordinance states lot area must exclude areas below the 100 year flood. Mr. Brixius stated that his office believes lot area is most appropriate when measured from the OHW for three reasons: - The DNR considers lot area as land above the OHW. - The City of Lino Lakes bases storm sewer area charges on land above the OHW. - The City's Flood Plain Ordinance identifies residential uses such as lawns, gardens parking areas and play areas as permitted in the flood plain district. The Planner's recommendation would be to require all lots to meet minimum requirements above the OHW at 10,800 square feet for interior lots and 20,000 square feet for lake front lots with easements required for area within the 100 year flood plain. These easements would restrict construction of buildings within the flood plain. A PDO application is being suggested to allow flexibility as the zoning ordinance requires area above 100 year flood plain. As a matter of information, the City is currently considering ordinance amendments which would establish a uniform definition for "lot area ". Therefore, this plat is being considered as a "model" for those amendments. Some revision to the site plan is necessary and grading and utility plans need to be submitted prior to preliminary plat approval. Therefore, staff is recommending this item be continued to the May meeting of the P & Z. We would recommend • • • Planning & Zoning Board 3 April 14, 1993 that some consensus be given to the applicant regarding the appropriateness of the plat. Mr. Gelbmann suggested that continuous square footage above the OHW be provided for lots 3,4,5,& 6 of Block 1. Mr. Schones asked for some clarification of the 100 year flood elevation and OHW. In response to a question from Mr. Schaps, Mr. Brixius replied that all lots would have house pads above the 100 year flood elevation. Mr. Granger explained that the average costs would be $130,000 for the interior lots and possibly up to $250,000 on the lake lots. The general consensus of the P & Z was that this plat would be acceptable with some modifications indicated in the staff report. After some discussion Al Robinson moved to continue the public hearing on this preliminary plat and was supported by Ed Schones. All voted aye. Motion Carried. C. 93 -2 -S, Laborer's Education & Training Center, Co.Rd/ 14 and 24th Ave., Site Plan Review Mr. Brixius reviewed this request which is to construct a 21,850 square foot education /training facility for general laborers. The site plan has been reviewed and staff has recommended approval with the conditions outlined in the staff report of April 7, 1993. Mr. Fred Chase and Dave Runyan were present representing the applicant. They indicated that the majority of the training will be done during the winter months. They are also in the process of having any wetland on the property delineated. In response to a question as to where the students come from, Mr. Chase explained that 75% of the trainees will be coming from the metro area. They are union members only. Mr. Schones stated that he was thrilled that this facility had opted to build in the City of Lino Lakes. He then made a MOTION recommending approval with the conditions outlined in the staff report of April 7, 1993 and the clarification of condition No. 11 to include public sanitary sewer, water, streets and utilities, and the addition of condition No. 15 requiring that the wetland be delineated. John Landers seconded the motion. All voted aye. Motion carried. D. Public Hearing - Ordinance Amending Subdivision Ordinance by Requiring Delineation of Wetlands in Preliminary Plat Data Requirements. Mary Kay explained that the 1991 Wetland Conservation Act has required that any development within a designated wetland area follow specific rules and regulations. It is in the best • • • Planning & Zoning Board 4 April 14, 1993 interest of the City and the Developer to be aware of these wetland areas prior to any extensive review of development, therefore, an Ordinance Amendment has been proposed that would require Wetland Delineation in preliminary plat data requirements. Al Robinson made a MOTION recommending approval of this Ordinance Amendment and was supported by Ed Schones. All voted aye. Motion carried. E. Public Hearing - Ordinance Amending the Section of the Zoning Code Relating to Lot Provisions Mary Kay reviewed this item and explained that the amendment is in response to an emergency ordinance adopted by the Council in March. The amendment, in part, provides that structures may be constructed on lots of record provided "...it satisfies all other appropriate provisions of this Ordinance, has frontage on a full width public right -of -way, and an improved street which has been accepted for maintenance by the City of Lino Lakes". Mr. Mesich asked what affect this amendment might have on the Senior Housing and was advised that this amendment refers to "lots of record" not new subdivisions /site plans. Rick Gelbmann made a MOTION recommending approval of the Ordinance Amendment and was supported by Tom Mesich. All voted aye. Motion carried. E. Public Hearing - Ordinance Regulating Adult Use Activities Mr. Brixius reviewed this item and advised the P & Z that NAC had been directly involved in the formulation of the Adult Use Ordinance for the City of Ramsey - that particular Ordinance has been tested and upheld in Court. Due to the involvement of First Amendment Constitutional Rights, this is a highly sensitive subject which requires special consideration and processing procedures. There is currently a 6 month extension on a moratorium on Adult Uses within the City and the goal is to have this ordinance in place when the moratorium expires. Mr. Brixius explained that there is a total of 21,447 acres within the community. Of that, 9,392 is undevelopable and 12,000 is developable. 1,333 acres are within the MUSA and 3% must be set aside for adult use activities. This 3% would amount to approximately 110 "acres of opportunity" or areas where such uses can be located. The basis for enactment of this ordinance must be founded upon the existing or potential "secondary effects" of adult uses. Mr. Brixius presented a Resolution for Adoption by the P & Z and indicated that the • • Planning & Zoning Board 5 April 14, 1993 public hearing should be continued to allow time for zoning and licensing code amendments to be considered. Several questions were raised by P & Z members. Mr. Schaps asked if there were any current requests for adult use facilities and was told not at this time. He also asked if we were the first in the Quad Area to enact such an ordinance. Staff was not aware of any others at this time. Mr. Mesich asked if we had any statistics on the crime increase in Ramsey as a result of the adult use activity. Mr. Brixius indicated that he would check on that. Mr. Landers questioned if the size of the building had any impact. Mr. Mesich asked about video rental stores that have adult movies. Mr. Brixius explained that the ordinance would reference adult use principle and accessory and that the accessory section may apply to video rental stores. Mr. Landers asked if there were any restrictions on how many adult use facilities could be located in the community. Mr. Brixius explained that the "opportunity area" could determine that. Ed Schones made a MOTION adopting Resolution No. 93 -1, Resolution Establishing Findings of Fact that Zoning and Licensing Regulations of Sexually Oriented Businesses are Necessary to Minimize the Secondary Adverse Effects of such Businesses on the City of Lino Lakes and was supported by Al Robinson. All voted aye. Motion approved. Mr. Brixius stated that he would check on building size requirements, licensing /expiration, crime in Ramsey, and if a stipulation on the number of license could be use. Al Robinson then made a MOTION and was supported by Rick Gelbmann to continue the public hearing to the next meeting of the P & Z scheduled for May 12, 1993. All voted aye. Motion carried. V. DISCUSSION ITEMS A. PDO Ordinance distributed for information purposes - Public Hearing scheduled for next P & Z meeting. B. Budget Auto - At John Landers request, Mary Kay has checked into the Budget Auto Site and advised the P & Z that an inspector from the PCA has visited the site in the past - advising some corrections which were completed. The Building Inspector will be initiating another inspection and Mary Kay will report back to the P & Z of any findings. C. HUGO - Mr. Landers stated that he had spoken with an • official from Hugo who was interested in discussing joint • • Planning & Zoning Board 6 April 14, 1993 services with Lino regarding Co. Rd. 14 /Main Street. Mary Kay will talk with City Staff regarding this item and report back. D. Mr. Landers asked if the Council had an opportunity to discuss the 1993 ADA, Handicapped Parking Regulations. Mary Kay advised that this item will be scheduled for an upcoming Council Work Session. E. Shores of Marshan Lake - Mr. Mesich asked if they could have a status report on the trail issue for the next meeting. VI. ADJOURNMENT - Upon the unanimous consent of the P & Z the meeting was adjourned at 9:15 P.M.