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HomeMy WebLinkAbout06/09/1993 P&Z Minutesplanning Consultant Brix us, Engineer ng ansultant<John;Powell�;Planning Coordinator Wyland • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE SSE STARTED ............................. .............................. E :ENDED EMBERS>>PRESE. HEMS ALSO ERS7,,ABSE ] PRESENT 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 recommended approval of the minutes of the May 12, 1993 meeting and was supported by John Landers. All voted aye. Motion carried. III. OPEN MIRE: No one was present to speak under open mike. IV. ACTION ITEMS: 93 -7 -P, Steve & Pat Leese, 74 Marvy Street, Subdivision This item was tabled from the May 12, 1993 meeting of the P & Z to allow the applicant an opportunity to speak with his neighbors regarding the requirement that a Waiver be signed indicating that the applicant(s) could not petition against the extension of utilities to serve Marvy Street. Staff has recommended approval of the subdivision splitting off two 90' x 160' lots fronting on Apollo Drive with the following conditions: a. Property owners sign an agreement indicating they will not petition against the extension of utilities when they are available to Marvy Street. b. Drainage and utility easements shall be provided on the perimeter of the newly created lots. c. Easements for driveway purposes shall be indicated on the surveys for the newly created lots. d. All assessments and fees shall be collected prior to recording of the subdivision. 1 • Planning & Zoning Board June 9, 1993 • • Mr. and Mrs. Leese were present and indicated that they had not discussed the requirements with all their neighbors. Mr. Leese explained that there are too many hard feelings because of the construction of Apollo Drive and that he did not want to stir anything up. He asked if there was a legal basis for denying the request if they refused to sign the waiver form. It was explained that although he would be waiving his rights to petition against the extension of utilities, he would not be waiving any of the normal rights in the 429 process. Mr. Powell explained that there must be a demonstrated benefit to the property that at least equals the amount of the assessment. Mr. Leese also argued that the reason he is requesting the subdivision is to provide a buffer zone between his existing residence and the newly constructed Apollo Drive. He indicated that they did not ask for this roadway to be constructed but are now forced to live with it. He added that staff has been very helpful in answering questions concerning his request and the construction of Apollo Drive. In response to questions from the Planning Board, Mary Kay explained that a blanket subdivision was original recommended as had been approved for Snow Owl Lane. This blanket approval does not need to be considered at this time, it is merely being suggested. Additional requests can be handled on an individual basis. Mary Kay further explained that it has been past practice (2nd Avenue, Snow Owl Lane) to require property owners to sign this waiver when they are in fact creating a more substandard lot without sewer and water by subdividing in this manner. Mr. Powell explained the driveway access points that have been approved by the County. Mr. Mesich questioned the value of these lots due to the fact that they would be on a County Road with a shared access /driveway. Board members expressed concern because the adjoining property owners were not present. They did not want to approve a blanket subdivision for the area without input from all affected property owners. After some discussion Mr. Mesich made a motion recommending approval of the Leese Subdivision Only with the conditions outlined in the staff report and the additional condition that the property owner will retain their right not to connect to sewer and water until their system fails and they will not be required to pay the assessment until they do connect. Kathy Nordine seconded the motion. All voted aye. Motion carried. B. 93 -11 -8, Custom Manufacturing, 7582 Fourth Ave., Site Plan 2 111 June & Zoning Board June 9, 1993 • • Mary Kay Wyland reviewed this request which is to allow an 11,988 sq. ft. addition to the existing building at 7582 Fourth Avenue. The addition will be similar to the existing building, contain mostly warehousing space, and be constructed of pre -cast concrete panels. Staff has recommended approval with the following conditions: a. Proper building permits be obtained prior to construction. b. Exterior of proposed addition match existing building. c. A temporary holding tank be allowed if applicant decides to connect to sewer and water when extended down Fourth Avenue. e. The parking area be stripped according to 1993 ADA Rules and Regulations. Mr. Lloyd McKinney, owner of Custom Manufacturing, was present and concurred with the Staff Report. He did indicate, however, that he would be moving his existing drain field rather than installing a temporary holding tank. Mr. Mesich made a motion recommending approval with the conditions outlined- in the staff report. Mr. Robinson seconded the motion. All voted aye. Motion carried. C. 93 -9 -P & Z, Behm's Century Farms, Lilac, Prel Plat /Rezone, Public Hearing Planning Consultant Brixius reviewed the staff report and indicated that this is a request to plat approximately 162 lots on approximately 94.5 acres of land north of Lilac Street and east of Sunset Road. The property is currently zoned Rural and R -1 Residential. The property is located outside the MUSA area and is rural in character. Adjacent residential development is located on one and two acre lots. Wetlands dominate the area and restrict urban development with regard to buildable areas, street connections and utility extensions. To accommodate this development the following will be necessary: a. Comprehensive Plan Amendment b. Rezoning c. MUSA Amendment d. Preliminary plat e. Street vacations for Thomas Street & Laurie Avenue f. Planned Development Overlay or a number of variances from the subdivision design standards. Mr. Brixius continued review of his report and indicated that the staff is looking for clear direction from the Planning & 3 • • Planning & Zoning Board June 9, 1993 Zoning Board on the issues of land use and performance standards. Several issues were outlined that need to be addressed in regard to the plat, the rezoning request, and the MUSA exchange. The conclusion indicated that a number of issues which require policy decisions by the City must be addressed. A determination must be made as to the appropriateness of the necessary rezoning and Comprehensive Plan Amendment, and a determination must be made as to the acceptability of the proposed concept plan, particularly with regards to the reduced useable lot areas, and deviations from the Subdivision Ordinance design standards. Upon completion of the Planners Report, Mr. John Johnson, engineer for the development, presented comments from the Developer. He explained that the proposed density, 1.73 units /acre, is far less than the typical R -1 residential lot. The density on the farm would be 2.81 units /acre and on the property to the west 1.35 units /acre. There are currently 23 platted lots in the area that could be developed, as is, with approximately 6 acres of wetland alteration and the construction of mound type septic systems. The proposed wetland modification plan calls for approximately 2 - 2 1/2 acres to be modified with the creation of 2 - 6 acres of wetland. The Key Issues as outlined by Mr. Johnson included the following: a. Comprehensive Plan Criteria b. Rezoning - proposing that this is logical in fill, original lots were intended to be further subdivided. c. Other: 1. # of lots vrs cost 2. Impact on air park 3. County ROW question - according to the County Engineer, there will be no impact on the street system - meaning additional improvements will not be necessary to Lilac or Sunrise other than possible turn lanes on Sunrise. 4. Park - 8 acres currently existing for parks, this development will contribute between $72,000 and $80,000 for park improvements. 5. New construction will be equal to or exceed value of existing homes in the area. d. Question regarding OHW vrs. 100 year flood in determining lot area. Mr. Johnson suggested considering wetland types - RCWD is not certain where OHW is in this area. Wetland map appears to be incorrect. Mr. Johnson further explained that the wetland edge fringed from 899 to 894.5. Water in ditch is at 894 on the east and 896 4 • Planning & Zoning Board June 9, 1993 • • to 897 on the west. No defined elevation for the OHW is available. Mr. Brixius explained that the use of the wetland boundary, in the staff report, to determine lot area was very conservative. Chairman Schaps indicated that some direction from the watershed district may be necessary to assist in determining which elevation to use. Mr. Johnson added that permits would probably be issued on the 23 existing lots. Mr. Landers asked how far away sewer was and advised that it will soon be extended to approximately Lilac and Fourth Avenue. Mr. Schaps then opened the meeting to the public for their input: Ms. Leslie Gonyer of 340 Thomas Street stated that she lives on the 2 1/2 acre parcel just east of the Behm's Farm. A proposed street will be stubbed into her property line. She stated that this was an "ugly" plat. Objected to the density and questioned the statement that traffic would not be increased on Lilac. Mr. Johnson explained that according to the County the present road can handle the additional traffic, therefore, no improvements will be necessary. Mr. Tom Christianson, Lilac Street, stated that he has 160' of frontage. He disagrees with the size of the lots and feels they are out of proportion with the rest of the area. Mr. Bill Noel, 346 Carl Street, stated that this is a critical mass - too dense. He lives on 1 1/3 acre just north of the air park. Opposed to the development because of the density. Mr. Joe Skochenski of 343 Thomas indicated opposition to the size of the lots proposed. Concerned about value of homes in the area because much of their value comes from the acreage. Mr. Dick Shope, 7786 Sunset opposed the density. Mr. Tom Wiglitner, relator for the Curley's who own the property at the intersection of Lilac and Laurie had several questions regarding development of the Curley property and possible costs. Mr. Jay Molitor, owner of 63 acres north of the north /west portion of this development, indicated that he may not be totally opposed to the development and may be interested in developing too. 5 • • Planning & Zoning Board June 9, 1993 Mrs. Curley, 101 Lilac, opposed the density and asked if the County would consider reducing the speed limit on Lilac Street. She was advised that the speed at which traffic is traveling on a given roadway determines the speed limit - not the wishes of the residences on the roadway. She also questioned the cost of extending utilities. Mr. Gorden Johnson of 115 Lilac stated that he liked the openness of the area and the rural character. Mr. Lee Whitmore of 7698 Sunset opposed the development. Mr. Jim Obowa, 399 Thomas, felt there would be conflict with the air park and an increase in complaints due to air traffic. Mr. Glen Martig, 376 Carl, indicated a desire to see the area remain open - proposed development is too dense. Ms. Mary Jane Narog, 7812 Sunset moved to the area because it was rural - this development is ugly. She would like to see it remain as is. Dave Waldoch, 7598 Jeanie - opposed to the density, he currently has 1 1/2 acres - this development changes the character of the area. Mrs. Noel, 346 Carl Street, stated that she would like to see the area remain rural. Their expectation on purchasing the property was that it would remain rural as indicated on the City Plan. James Conway, 351 Thomas, asked if there was a comprehensive plan and where did it show shopping centers. Mr. Brixius explained that we have a 1981 plan and an amendment from 1987 including an Interchange Study. We do have areas zoned for commercial and shopping center(s). Leslie Gonyea, 340 Thomas Street, commented that the proposed development has no benefit for the surrounding property. Marian Conway, Thomas Street, asked if there was anything the neighboring residents could do to stop this development. Chairman Schaps thanked the residents for their comments and stated that the P & Z Board does values their concerns. He indicated that their job is to do the best job possible for the community. • • • Planning & Zoning Board June 9, 1993 Al Robinson stated that he has been a resident of Lino Lakes for 55 years. During that time there have been many changes, development is inevitable. That is why the City has a Comprehensive Plan - to guide development. The P & Z would like to insure that this development is done sensibly and with input from residents in the area. We try to satisfy as many concerns as possible and hopefully meet on a middle ground. Mr. Tom Schmelzer is building a home at the Air Park, 398 Carl Street. He is concerned about pursuing aviation - more development in the area may prohibit /restrict use of the Air Park. Other air parks have closed down due to increased development in the area. In response to a question on market value, John Johnson explained that the new lots and homes planned for the area will meet or exceed the value of the existing homes. Mr. Uhde stated that Behm's East (the actual farm area) will have homes valued at $95 - $120,000. The homes to the west will be valued from $110,000 - $160,000 +. Mr. Uhde added that the City of Lino Lakes has a very pro- active Economic Development Program which is seeking commercial development to help reduce taxes. He also .stated that commercial developers have indicated that more roof tops are needed within the City to support a shopping center. Kathy Nordine asked how the City's growth study was progressing. Mary Kay explained that it is anticipated to be available some time in the fall. Staff constraints have made progress slow. Mr. Brixius added that some comprehensive plan amendments may be necessary at that time also. Mr. Schones stated that the density of the proposed development seems to be the overriding concern of the residents and that it may override any benefit that the City would receive by allowing the development at this time. Kathy Nordine added that if utilities are extended, the area would be opened to further development. Consequently, the entire character of the area would change. Tom Mesich indicated that the major issue is changing the area from rural in character to R -1. Mr. Mesich's commented that he is opposed to this development and outlined his concerns in reference to the criteria to consider in reviewing a zoning change as outlined in the Planner's report: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. This 7 • Planning & Zoning Board June 9, 1993 • area is rural now and proposed to be so until the year 2010. We have an ordinance that suggests we fill in existing residential areas before expanding. We need to take that into consideration in looking at this request. 2. The proposed use is or will be compatible with present and future land uses of the area. The character of the area will change with this proposed development. Mr. Mesich stated that his area changed when sewer and water came in and he knows it will happen here! 3. The proposed use is or will be compatible with present and future land uses of the area. Not an issue in this case. 4. The proposed use may be accommodated with existing public services and will not overburden the City's service capacity. Services will need to be extended and the cost figures are not yet available - will it be feasible! Additional homes may put a strain on the school district with additional students. 5. The fiscal impact of the proposed use provides benefit to the community. Maybe the community, but not the immediate neighborhood. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. Concern was expressed by both residents and Board Members regarding increased traffic on Lilac Street and the County's comments that the roads are adequate to serve the proposed construction. John Landers stated that he agreed with Mr. Mesich and was opposed to the proposed development at this time. Jame Schaps stated that 2 1/2 acre lots were obviously planned for this area in the past and he shares the concerns expressed regarding the character of the neighborhood and questions the County's comments concerning traffic. Mr. Mesich added that even though we do not agree with a project, if it is zoned properly we do not have a lot of say. However, in this case, the zoning is not consistent with the request. Jame Schaps added that we need to find a middle ground - and this may not be the right time for it. Al Robinson agreed - maybe in the future, but not right now. Mr. Gelbmann added that the developer has done a very good job in trying to work around the existing wetlands in the area. However, he feels that we need to stick with the Comprehensive Plan in reviewing the item. James Schaps agreed that the development was well presented - much better than some, however, the problem seems 8 • • • Planning & Zoning Board June 9, 1993 to be density. Mr. Robinson stated that the Council has mandated that we avoid leap frog development - this appears contrary to that direction. This is also one of the best presentations he has seen in his years on the Planning Board. His concerns include the density, apparent leap frog development, and the comments from the neighbors. Mr. Robinson made a motion directing the staff to prepare "Findings of Fact" incorporating the reasons outline above, for recommending denial of this request. These Findings of Fact will be presented at the next Planning & Zoning Board Meeting. Mr. Landers seconded the motion. All voted aye. Motion carried. D. Adult Activities Ordinance - public hearing Mr. David Licht was present from Northwest Associated Consultants (NAC) to review the Adult Activities Regulations with the Planning and Zoning Board. At 9:50 P.M. the Public Hearing was reopened and continued from the May 12 meeting of the Planning & Zoning Board. Mr. Licht advised the Board that adult uses can not be excluded from the community but they can be controlled by Ordinance. The controls include zoning, licensing and public health. The new ordinance proposed will address zoning and licensing. Mr. Licht indicated that there are two approaches to dealing with adult uses within a community, one is to concentrate the uses and the other is to spread them throughout the community. The second option is the one recommended by NAC. The P & Z was advised that adult uses are split into two categories, principal and accessory. Mr. Licth gave a few examples for the Board's information. Mr. Mesich questioned the financial review portion of the ordinance. Mr. Gelbmann suggested that the most current audio /video /digital /computer generated images /compact disc. material be added under adult uses - principal on page 3 of the Ordinance. Mr. Mesich had some questions regarding the Adult Use facility in the City of Ramsey and what it included. Mr. Licht advised that it included novelty items, a mini theater, and books. A public heath issue regarding AIDS has also been traced to that facility. In conclusion of his presentation, Mr. Licht pointed out that the City of Lino Lakes has approximately 5.3% of the community available as an "opportunity area" for such uses based on the criteria outlined in the staff report. 9 • • • Planning & Zoning Board June 9, 1993 Mr. Schones stated that he was very comfortable with the ordinance provided and impressed with the work involved in its preparation. Chairman Schaps indicated that, for the record, there have been no comments from concerned citizens regarding the ordinance. The Public Hearing was closed at 10:35 P.M. Landers moved and was supported by Gelbmann to close the hearing. All voted aye. Motion carried. Mr. Schones then made a motion recommending that the Adult Use Regulations be approved with the addition of verbiage relating to the most current audio /video digitally recorded media and compact disc under Adult Uses - Principal. Mr. Robinson seconded the motion. All voted aye. Motion carried. V. DISCUSSION ITEMS: MUSA EXCHANGE - Mr. Brixius explained that the Staff has prepared some guidelines to be considered in processing a MUSA Exchange so that future submittals can be reviewed on that basis. Mr. Mesich asked if a public hearing would be part of the process and Mr. Brixius explained that an amendment to the Comprehensive Plan would be required, therefore, a public hearing would be part of that amendment. Mr. Gelbmann asked how the City might measure something that is to be of benefit to the City. After some discussion Al Robinson made a motion and was supported by Rick Gelbmann to recommended that a resolution be drafted for the City Council contains the MUSA evaluation criteria outlined in Mr. Brixius report of June 3, 1993. All voted aye. Motion carried. OTHER: John Landers reported that he had spoken with an employee of the school district who indicated that 500 more elementary school children will be added to the district next year creating a crunch on space. He asked if the City is contributing to the problem of over - crowding in the school district by the poor communication between the District and the City. Are they aware of new plats! Is this something the City Council should look at? Maybe the City should take a look at the rate and location of growth. Mr. Brixius explained that the City is working on a Growth Study which should address some of these issues. He added that NAC can assist the City with this if necessary. Mr. Mesich then made a motion advising the City Council that the Planning & Zoning Board feels hampered by not having a growth study to work with. In addition, the Board feels that more resources should be put into this project and that the School District's physical plan should be included. Mr. Robinson seconded the motion. All voted aye. Motion carried. 10 • • • Planning & Zoning Board June 9, 1993 VI. ADJOURNMENT: Upon the unanimous consent of the Board the meeting was adjourned at 11:00 P.M. 11