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HomeMy WebLinkAbout12/08/1993 P&Z Minutes• Planning & Zoning Board December 8, 1993 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES ec Robins. ............... 3 EMBERS ABBE NT clbmann ALSO PREB I ' : C ty Bngineer Schne tit owe :l Schone rxx Wing Co ord ina I. CALL TO ORDER AND ROLL CA11: II. APPROVAL OF MINUTES: John Landers made a motion and was supported by Al Robinson to approve the minutes of the November 10, 1993 meeting as submitted. All voted aye. Motion carried. • III. OPEN MIKE: There was no one present to speak under Open Mike. • IV. ACTION ITEMS: A. 93 -5 -P, Oaks of Lino, Aspen Lane Subdivision Planning Coordinator Wyland reviewed this case which has been before the P & Z in previous months. The final design provides for 9 lots on approximately 9.3 acres of property zoned R -1 Residential. The RCWD has reviewed the mitigation plan and recommended approval. They will be reviewing the grading plan at their Dec. 29th meeting. The City's Engineering Consultant, John Powell, has reviewed the revised plan and recommended approval with some qualifiers outlined in his report dated Dec. 16, 1993. The Planning Consultant has also recommended approval as outlined in the Dec. 6. 1993 Planning Report which includes approval of a variance for cul- de -sac length and irregular lot shapes. After some discussion, Ed Schones moved and was supported by Al Robinson to approve the preliminary plat for the Oaks of Lino as presented, with the conditions outlined in the staff reports of Dec. 6, 1993. All voted aye. Motion carried. B. 93 -21 -P, Willow Ponds, Elm Street, Subdivision Planning Consultant Brixius reviewed this item which involves a 13.6 acre property north of Elm, south of 35W and just east of Sunset (the former Senior Cottages project). The request is to plat 27 single family lots. The property is currently 1 • • • Planning & Zoning Board December 8, 1993 zoned R -4 with a PDO originally intended to serve the Senior Cottages project. To facilitate this project, a rezoning of the site to R -1 is necessary but has not yet been scheduled. Staff would, therefore, recommend tabling of this item until the applicant applies for a rezoning of the site. In a brief summary, Mr. Brixius explained that utilities are available to serve this site and the property has been previously assessed. The proposal submitted appears workable - the property is within the MUSA, this is a logical infill development, lots exceed the R -1 requirements for area, and the general layout of the plat appears acceptable. Chairman Schaps advised the P & Z that a petition has been received from 16 property owners in the area who are opposed to a rezoning to R -1 and want the property to remain R -4 with the PDO Overlay. There was no one in the audience to speak to this petition. However, Planning Board Member Landers indicated that the residents in the area would like to see the senior project go forward. They do not want the additional traffic that would result with a single family development. The original S -F development showed only 13 lots - that would be acceptable. Mr. Gary Uhde, developer, was present and explained some of the history of this property to the P & Z. In 1989 utilities were installed and assessed. Denny Erickson purchased the property and proposed a town home development which was denied. Then a plat similar to the one presented was submitted but later withdrawn by Mr. Erickson. The property then diverted to the previous owner, Tilsen. In Feb. of 1992 Mr. Derek purchased the site for a Senior complex which was approved by the P & Z and CC. Unfortunately, financing has not been secured for this project and the purchase option was canceled in October of 1993. The senior project could be delayed 6 months to two years or more. Mr. Uhde is anxious to develop the site and has therefore resubmitted the R -1 proposal. Mr. Schones asked what bearing the petition has on the proposal. Mr. Brixius explained that it is merely the opinion of the property owners who signed it - citizen input. The P & Z is charged with determining if the proposed land use is acceptable and fits in with the City's Zoning Ordinance and Comprehensive Plan. They are not to be directed solely by public input but by comprehensive planning for the community. Mr. Robinson asked what merit there would be in denying a request based on neighborhood opposition when the developer meets all the requirements of the code. Mr. Schaps stated that he believed some consideration should be given to neighborhood input even though "controlling and dispotive ". Mr. Mesich 2 • • • Planning & Zoning Board December 8, 1993 commented that the only reason the property was rezoned to R -4 was to provide for the Senior Cottages. Mr. Brixius stated that although that was the reasoning, a property can not be rezoned for a specific use - that is why the PDO Overlay was included with the R -4 rezoning - to provide additional control over the development of the properties. However, any R -4 use could submit plans for a PDO for this property and the City would be required to provide appropriate review of the request. A resident, Mr. J. P. Houchins, asked what type of barrier is proposed between the properties and the freeway. Mr. Johnson explained that a 5 -6' berm with 8' evergreens staggered on either the top or sides of the berm is proposed. Mr. Robinson then made a motion and was supported by Mr. Mesich to table the request and continue the Public Hearing until the January meeting, provided a rezoning application is submitted. All voted aye. Motion carried. C. 93 -22 -P, Fox Trace, Subdivision -Ware Rd /Hodgson Road Mr. Brixius explained that this is a request to plat 55 lots on a 25.67 acre parcel of property (2.6 units /acre) just north of 62nd Street between Ware Road and Hodgson Road. The property is Zoned R -1 Residential. Several concerns were outlined in the staff report including wetland mitigation, findings regarding the vacation of 62nd Street, modification of plat to avoid wetlands, RCWD review, isolation of Lot 6, additional depth on Lot 1, Block 1 and Lot 21, Block 2, and other items. Staff has recommended this request be tabled until RCWD has reviewed the wetland delineation and mitigation /grading plans and until staff has had more time to review other items of concern. Mr. Clyde Rehbein was present and stated that he has met with Kate Drewry of the RCWD and made some modifications to the plat according to her suggestions. These modifications have reduced the number of lots. Peterson Environmental has done a wetland delineation and an application will be submitted for review by RCWD. He indicated that the P & Z has given concept approval and they are seeking approval of the preliminary plat contingent upon items listed in the staff report. Al Robinson stated that he has a concern regarding mitigation and problems which could occur if the plat is approved before reviewed by RCWD. Mr. Mesich asked about access to the property to the south and a temporary cul -de -sac. Planning Coordinator Wyland explained that the property owner to the south had contacted the City today and expressed concern should his property become land- locked. It was further explained that if any right -of -way is to be vacated, a public hearing would have to be held to consider said vacation. 3 • • Planning & Zoning Board December 8, 1993 Peggy Carol, resident, was present and asked if sewer /water would be going down Hodgson Road and would they be required to connect. She was advised that sewer /water would probably not be extended down Hodgson and even if it were they would not be required to connect because of the guarantees outlined in the City Charter. After some discussion Ed Schones made a motion and was supported by Kathy Nordine to table the request and continue the public hearing to the January meeting of the Board. All voted aye. Motion carried. D. Interim Use Ordinance Mr. Brixius reviewed the Interim Use Ordinance and advised the P & Z that the purpose of this Ordinance is to accommodate the recently adopted Home Extended Business Ordinance with established provisions, similar to a CUP, and the added condition of a termination date upon which the use will be removed. Kathy Nordine asked if the permit expired would the property owner be able to reapply. Mr. Brixius replied that they would. Mr. Mesich felt the ordinance was a good idea but may need additional teeth in regards to penalties and violations. Mr. Schaps explained that a violation of the Zoning Code is a misdemeanor which should be adequate for enforcement. After some discussion, Ed Schones moved adoption of the Interim Use Ordinance and was supported by Al Robinson. All voted aye. Motion carried. E. 93 -23 -V, 6677 Sandhill, Variance Planning Coordinator Wyland explained that this variance request is to allow a single family home to be constructed 23' from the front property line. The site is Zoned R -1X with a PDO that, in part, provides a front setback on Sandhill Drive of 25'. The site in question has some poor soils that can best be avoided by moving the home closer to the front property line. Staff has reviewed the request and would recommend approval as it appears to meet the six (6) criteria outlined in the Zoning Ordinance concerning issuance of a variance. A condition of approval would be the completion of soil borings to confirm that soil corrections are feasible and issuance of proper building permits. Mrs. Larson was present and stated that the excavator had found the poor soils and has indicated that he believes correction is possible if the home is pushed 8' further toward the street. They have removed a 6' front entry /porch and need the additional 2' variance to avoid the poor soils. Reducing 4 • • • Planning & Zoning Board December 8, 1993 the size of the house plan is not an option due to the size of the Larson family. Additionally, Mrs. Larson would like approval of the variance before spending additional funds for further soil work. One of the adjoining property owners has indicated no objections to the request, the other owner could not be contacted prior to the P & Z meeting. Kathy Nordine stated that there appears to be a true hardship in this case and the request meets the criteria established for granting variances. Mr. Schones felt this was a case where a variance should be considered. Mr. Robinson made a motion and was supported by Ms. Nordine to approve the variance with the condition that soil borings be obtained and reviewed by the building inspector, soil corrections made if feasible, and proper building permits be issued prior to any construction. All voted aye. Motion carried. V. DISCUSSION ITEMS: A. Lamotte /Whitcomb Rezoning - Mr. Brixius explained that the City is considering a rezoning of the Lamotte /Whitcomb properties, south of Birch Street and West of 12th Avenue adjacent to Holly Drive, from R -1 Single Family Residential to R -1X Single Family Executive Residential. The purpose of this rezoning would be to encourage higher value homes. Both the R -1 and R -1X classifications are consistent with the Comprehensive Plan which provides for this area as Urban Residential. Mr. Brixius briefly explained the differences in the two zoning districts (explained in detail in the staff report dated 12/6/93) and added that rezoning to R -1X would be consistent with existing conditions and current land uses in the area. Al Robinson asked if the property owners were aware of this proposal and Mr. Brixius advised that they had not been notified as of yet. Mr. Schaps stated that the recommendation appears to be compatible with the area. Mr. Brixius added that we could consider the R -1 zoning with an R -1X lot width as it seems the larger width dictates a larger home with a 3 -car garage - typical of the R -1X value. The general consensus of the P & Z was that this idea seemed reasonable. Staff will notify property owners and prepare for a public hearing on a rezoning of the properties. B. OTHER: Al Robinson stated that there is a lot of wind and water erosion occurring because developers /builders are not adhering to the City's policy of providing silt fences around • • Planning & Zoning Board December 8, 1993 development sites. He asked what kind of enforcement of these provisions is in effect and what the City can do about it. Darrell Schneider explained that the developers have a Development Agreement which outlines the erosion control requirements. Our enforcement can include holding back on building permits or cashing financial guarantees if work is not done correctly. Staff will bring a report to the next P & Z meeting summarizing the existing developments. James Schaps stated that this is his last meeting with the P & Z. He is not seeking reappointment due to business and family constraints. He indicated that he has enjoyed working with both the P & Z members and the staff. He will miss the involvement and thanked all concerned. VI. ADJOURNMENT: Upon the unanimous consent of the Board the meeting was adjourned at 8:50 P.M.