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HomeMy WebLinkAbout11/10/1993 P&Z Minutes• Planning & Zoning Board November 10, 1993 CITY OF LINO LAZES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Vice Chairman Robinson called the meeting to order at 6:32 P.M. II. APPROVAL OF MINUTES: Mr. Schones moved and was supported by Mr. Landers to approve the minutes of the October 13, 1993 meeting of the Board. All voted aye. Motion carried. III. OPEN MIKE: no one was present to speak under open mike. IV. ACTION ITEMS: HOME EXTENDED BUSINESSES R -BR ZONING DISTRICT - PUBLIC HEARING Mr. Brixius explained that this was a public hearing to review a proposed ordinance that would allow a little more flexibility in the R -BR Zoning District for home extended businesses. Property owners in this Zoning District have indicated to staff that their understanding of the intent of the R -BR Zoning District was to provide them some commercial use of their properties. Basically this would allow use of existing out buildings for business purposes with several conditions outlined in the ordinance. Mr. Brixius added that there is an additional ordinance pertaining to Interim Uses - conditional use permits with a "drop -dead date" that should be considered as a part of this review. However, that ordinance will not be published until the next P & Z meeting. Staff would recommend approval of the Home Extended Business Ordinance but request that it not be forwarded to the Council until the Interim Use Permit has had a public hearing. After some discussion Kathy Nordine moved and was supported by Tom Mesich to approve the Ordinance with a change in Item E to read "may" rather than "shall" "require a public hearing ". All voted aye. Motion carried. B. 93 -19 -8, 49 Club, Hodgson Rd., Site Plan Review & Variance Brian Wessel introduced this item and stated that the 49 Club has been in business, at this location, for over 30 years. 1 • Planning & Zoning Board November 10, 1993 The EDAAB has reviewed the request and would recommend approval. Planning Consultant Brixius reviewed the staff report which recommended approval of the site plan and a variance to allow the proposed solarium addition to be located 9.94' from the front property line. This variance is an extension of an existing encroachment into the setback which is 40' according to Code. Due to recent improvements to Co. Rd. J., additional right of way was acquired and the encroachment intensified. The County Highway Department has sent a letter indicating no objections to the proposed request. The applicant has indicated that the area between the building and the curb line will be landscaped and no parking will be permitted in this area. In addition to conditions outlined in the staff report, it is recommended that a fence and landscaping be provided on the west side of the site to provide a delineation between the access drive to the 4 -plex and the bar /restaurant parking area. The Planning & Zoning Board expressed some concern regarding light shining on adjacent property, proper screening of the trash area, and traffic circulation - especially for delivery vehicles. Mr. Nathe was present and indicated that deliveries are usually during the morning hours, the lighting issue is not a problem and general consensus with the recommendations outlined in the staff report. Al Robinson made a motion to approve the Variance request for the reasons outlined in the staff report dated November 8, 1993. He was supported by John Landers. All voted aye. Motion carried. Mr. Schones made a motion to approve the site plan with the conditions outlined in the staff report of November 8, 1993, the correction to #3 that "the trash container shall be screened from view of adjacent properties and street right of way ", that landscaping and fencing shall delineate the parking area for the four -plex from the 49 Club parking area, and that a development contract including financial guarantees be signed by the applicant and the City. Mr. Gelbmann seconded the motion. All voted aye. Motion carried. C. 93 -20 -S, Greenhaven Press, Apollo Business Center, Site Plan Review /Minor Subdivision Mr. Wessel introduced this item and advised the P & Z that EDAAB has recommended approval of the request which is to construct a 16,160 square foot building on a parcel 2.1 acres in size located in the Apollo Business Center, some tax increment financing is being offered on this project. Mr. Brixius reviewed the Planning Report and indicated that a minor subdivision is necessary as the Business Center currently exists as one large parcel. A 2.1 acre piece is proposed to be split from the balance of the property. This site, as those in the Apollo Business Park, are planned to be 2 Planning & Zoning Board November 10, 1993 • platted as development occurs. Upon development of the whole area, a final plat will be recorded. • • The Staff Report recommended approval of the minor subdivision and the site plan with several conditions outlined in the report dated November 8, 1993. Kathy Nordine asked if there will be some type of maintenance agreement on the driveway since access will be shared with the property to the west. (The shared access is a requirement of the County since Apollo Drive will be a County Road) Mr. Brixius indicated that this could be incorporated into the Development Agreement and is a good idea. Mr. Mesich asked if the City could maintain this access and bill the property owners but Staff advised that they like to avoid such situations if at all possible. Mr. Jim Winkel, of Belair Builders, was present to represent the applicant. He indicated that Greenhaven is a book publisher that has been in business for approximately 18 years. They plan to add on to the building in approximately 2 -3 years. He indicated that they have no objections to the conditions outlined in the staff report. Mr. Mesich asked if the building would be sprinklered and Mr. Winkel indicated that it would. Mr. Winkel also indicated that there are no solvents used, no printing, mainly distribution, packaging and sales. They have 10 -15 employees and generally one large delivery vehicle per day. Mr. Gelbmann questioned why the pond was shown on the plat as an outlot and didn't the City wish to avoid that type of arrangement. Mr. Winkel stated that the applicant was not interested in having the pond be a part of their property - they were concerned about liability and the limited control of the pond especially due to the overall drainage concept for the area with other properties draining into this pond. After some discussion Al Robinson made a motion recommending approval of the subdivision with the conditions outlined in the staff report dated November 8, 1993. Mr. Landers seconded the motion. All voted aye. Motion carried. Mr. Schones made a motion recommending approval of the site plan with the conditions outlined in the staff report dated November 8, 1993 and the additional conditions that 9. A Development Agreement with financial guarantees be drafted for this development and 10. A recorded access agreement be drafted for this site and the property to the west. Mr. Robinson seconded the motion. All voted aye. Motion carried. D. Resolution Regarding Tax Increment Financing for Dist. 1 -4 Brian Wessel reviewed this item and stated that in order to facilitate acceptance of a Tax Increment Financing Plan for Accu Tool and Perceptive Engineering, the Planning & Zoning 3 • • Planning & Zoning Board November 10, 1993 Board must, according to State Statutes, adopt a Resolution acknowledging compliance with the City's Comprehensive Plan and other development plans for the City. Both of these businesses are to be located in or near the Apollo Business Park and have received site plan approval from the P & Z within the last two months. Staff would recommend approval of the attached Resolution. Mr. Mesich asked if the tax increment dollars were given "up front" and how much they were. He also asked if other businesses pay the tax on these properties and why they were asked to approve a "plan ", as stated in the Resolution, that they did not get a copy of. Mr. Wessel stated that each plan is different. In the case of Accu Tool - the money is being given "up- front" because we are asking him to upgrade the existing building. He did not have the figures available for Perceptive Engineering. He stated that the "plans" are not finalized yet but that they would be prior to the Public Hearing scheduled before the City Council for December 13th. Mr. Brixius stated that the Planning & Zoning Board's charge is to determine if the site and building plans conform to the City's Comprehensive Plan, not necessarily address the financial impact of the tax increment financing plan. Planning Coordinator Wyland advised the Board that they had previously approved the site and building plans for both proposed projects and that the adoption of the proposed Resolution was merely a formality required by the tax increment financing process. Mr. Wessel further explained that tax increment financing is a complex arrangement and he did not feel comfortable explaining the procedure to the P & Z although he has been working with it for a number of years. After further discussion, Al Robinson made a motion and was supported by John Landers to adopt Resolution No. 93 -1 concerning Tax Increment Financing for District No. 1 -4. (copy attached) On roll call: V. DISCUSSION ITEMS: AYES: Gelbmann, Landers, Nordine, Robinson, Schaps, Schones NAYS: none ABSTAIN: Mesich A. Mr. Mesich stated that he has been working with the Police in the development of a new dog ordinance. In the process, the new Chief has indicated a couple of concerns: 1. the need for civil defense siren coverage - it has been suggested that we consider looking at some type of "dedication" in this regard for new subdivision. 4 • • • Planning & Zoning Board November 10, 1993 2. The Chief would be willing to come and talk with the P & Z Board concerning some of his concerns for the City. It was also suggested that the Chief be put on the mailing list for agendas and minutes. VI. ADJOURNMENT Upon the unanimous consent of the Board the meeting was adjourned at 8:07 P.M. 5