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HomeMy WebLinkAbout12/10/1986 P&Z Minutes• December 10, 1986 Page 1 PLANNING & ZONING BOARD The regular meeting of the Lino Lakes Planning and Zoning Board was called to order by Chairman Doocy at 7:01 P.M., Wednesday, December 10, 1986. All Boardmembers (Cody, Klaus, McLean, Nelson, Averbeck, Prokop) were present. Also present were Council Liaison, Harold Bisel; Building Official, Pete Kluegel; City Engineer, Ron Stahlberg; City Planner, Zack Johnson; and Secretary, Shar Foster. City Administrator, Randy Schumacher joined the meeting later. CONSIDERATION OF MINUTES - NOVEMBER 12, 1986 Mr. Prokop moved to approve the 11/12/86 minutes as presented. Mrs. Nelson seconded the motion which carried unanimously. OPEN MIKE - PRAISE OF GLORY CHURCH RETREAT Two representatives from Praise of His Glory were present to question the Board as to whether they felt that their plans to develop a church retreat in the rural area off Holly Drive would be feasible. The basic question was whether the Board would classify this type of activity as a "church ". A church is a conditional use in a rural zone. The representatives explained that the retreat would be on a 50 -acre parcel. The first building planned would accommodate 24 overnight guests; a future second building would accommodate an additional 50. The purpose of the retreat would be to provide a quiet place of solitude and prayer for people to "get away ". A chapel would also be located on the site. Two concerns the Board had were what type of tax benefit this would provide for the City and whether a septic system could be designed to accommodate a population of 74. Mr. Johnson stated that the zoning ordinance allows as a conditional use in a rural zone - churches, schools, gun clubs, etc. and he felt the rural zone would be appropriate for this type of activity, and as for the septic system these "similar uses" would have to accommodate even larger populations. The consensus of the Board was that this retreat, as briefly explained this evening, would fall into the classification of "church ", especially since a chapel would be on site. BUILDING OFFICIAL'S REPORT Mr. Kluegel reminded the Board that Met Council will hold a seminar 12 /11/86 regarding the Metropolitan Development and Investment Framework. He also reported that the following • • • December 10, 1986 Page 2 PLANNING & ZONING BOARD actions of interest to the P & Z Board were taken at recent Council meetings: - 11/24/86 Council approved application of Sign Crafters for an advertising sign with the stipulations that the sign in place be removed prior to construction of the new signs and if 4th Avenue is completed the new signs be moved to comply with setback requirements. - 11/24/86 Council set public hearing for Bob Kohl's request for an amended conditional use permit (12/22/86 at 7:30 P.M.). - 11/24/86 Council set public hearing for James Flannery's request for a kennel license conditional use permit (12/22/86 at 7:45 P.M.). - 11/24/86 Council approved Harold Bisel's request for a minor subdivision /lot realignment. - 11/24/86 Council approved resolutions authorizing the City Engineer to complete feasibility reports for the Dennis Erickson plat and the Gary Uhde plat. - 11/24/86 Council approved the minor subdivision and site and building plan for Schwan's Ice Cream with stipulations as outlined within 11/24/86 Council minutes. - 11/24/86 Council approved a resolution setting a public hearing (12/22/86 at 8:00 P.M.) to establish a tax increment financing district. - 11/24/86 Council - The motion to approve the second reading of Ordinance #11 -86 (proposed sign ordinance amendment) failed. - 11/24/86 Council approved the second reading of Ordinance #12 -86 (moratorium on pole structures in commercial and industrial districts). - 12/8/86 Council approved the first reading of the newly proposed Park Dedication Ordinance. Mr. Cody asked why this evening's agenda contains consideration of rezones and preliminary plat reviews for Dennis Erickson and Gary Uhde when the comprehensive plan (which would allow these plats) is still in the review process and not yet been formally accepted. Mr. Schumacher explained that because the comp plan amendment would allow these plats and because the procedure is so lengthy, in the interest of time these items are on the agenda. He further explained that from a legal standpoint, the City can begin this reviewal procedure as long as the applicants understand that beginning this procedure does not imply any obligations. ROSS LIQUOR TEXT AMENDMENT & SITE AND BUILDING PLAN • • December 10, 1986 Page 3 PLANNING & ZONING BOARD On the request of the Council, the City Attorney put together a text amendment which he felt would allow the construction of the Ross commercial building as proposed. The City Planner, in his 12/4/86 memo pointed out some potential problems which could exist with adoption of the proposed text amendment. He suggested a better vehicle to accomplish this task and volunteered to work with the City Attorney and the Council to develop a solution. MOTION: Mr. Cody moved to recommend the proposed ordinance amendment to Appendix B (Zoning Ordinance), Section 6, Subdivision 15(2)(c)(vi) be denied due to the potential adverse affects and ramifications outlined in the City Planner's memo of 12/4/86. Mr. McLean seconded the motion which carried unanimously. MOTION: Mr. Prokop moved to table consideration of the site and building plan until the outcome of the text amendment issue. Mr. Cody seconded the motion which carried unanimously. (Editorial note: This agenda item was brought to the floor later during this evening's meeting at which time direction was given on the site and building plan. See last page of these minutes.) HARDWICK /BANCROFT MINOR SUBDIVISION Mr. Kluegel and Mr. Hardwick explained that this minor subdivision would break off 10 acres (including a single family home and barn) from a 60 acre parcel. The frontage and lot size criteria have been met per Mr. Kluegel. MOTION: Mr. McLean moved to recommend to Council approval of application #86 -40 from Ken Hardwick /Martha Bancroft for a minor subdivision of 10 acres from a 60 -acre parcel since it appears that the request meets the necessary frontage and lot size criteria. Mrs. Nelson seconded the motion which carried unanimously. EJM PIPE SERVICES (ALLEN MONTGOMERY) CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE Mr. Montgomery explained that he needs to store steel pipe used in his business (some pipe up to 54" diameter) and is willing to screen the existing fencing with slats. The City Planner recommended in his 12/2/86 memo that the fence slats be redwood, extended from the building to approximately 25' around the south side corner and that evergreens of a 6' minimum height be planted 15 feet on center. Discussion followed as to the height and location of the fence resulting in the following motion. • December 10, 1986 Page 4 PLANNING & ZONING BOARD MOTION: Mrs. Nelson recommended to Council approval of application #86 -10 from Allen Montgomery, dba EJM Pipe Services, Inc., for a conditional use permit for exterior storage at 7807 Lake Drive with the following conditions: 1) the applicant screen all the way around the existing fence with plastic redwood -look slats, 2) evergreens of 6' minimum be planted along Lake Drive 15' on center. Motion seconded by Mrs. Averbeck and carried unanimously. DENNIS ERICKSON - REZONE AND PRELIMINARY PLAT Mr. Ficocello and Dennis Erickson's engineering consultant represented Dennis Erickson and showed their proposed preliminary plat. Some of the Boardmembers reiterated their opinion that consideration of this application (and that of Gary Uhde later on this evening's agenda) is premature in light of the fact that the comp plan amendment has not been formally accepted. MOTION: Mr. Cody moved to recommend to Council approval of application #86 -43, by Dennis Erickson, dated 1/6/86 for a rezone to R -1 of the property as described within the application. This rezone is contingent upon two things - 1) the formal approval of the comp plan amendment which the comp plan task force has recently submitted to the City Council for consideration, and 2) procurement of the applicant's signature to a letter (to be drafted by the Lino Lakes City Attorney) which states that the applicant understands that the City is in no way obligated to the applicant should the comp plan of the City not be amended as proposed. Should either of these contingencies not be met, this rezone is null and void. Motion seconded by Mr. McLean and carried unanimously. In a memo on this subject, Public Works Director, Don Volk, suggested that 1) The cul -de -sac within this preliminary plat be constructed with an island in the center for maintenance purposes, 2) The north /south streets within the plat be aligned to meet with the existing north /south streets on the north side of Birch Street, and 3) The homeowners form an association for maintenance of the pond within the plat. City Engineer, Ron Stahlberg commented to the Board that some of the landowners to the west of this proposed plat have expressed an interest in having access at the southwest corner of this plat so as not to landlock their parcels. Mr. Stahlberg expressed the same concern for the property to the south and stated that the Board should not ignore this situation or the City may be faced with a future problem which can be logically addressed at this time. He stressed • December 10, 1986 Page 5 PLANNING & ZONING BOARD also that because of the elevation and lay of the land, should the properties to the west wish to develop and install utilities in the future, it would be most economical to hook up to the system in the Dennis Erickson plat. MOTION: Mr. Prokop moved to recommend to Council approval of application #86 -1, dated 1/6/86, from Dennis Erickson for a preliminary plat of the property described within the application, contingent upon the following: 1) The rezone of the property to R -1 (see motion above) is approved, 2) The north /south streets are aligned with the north /south streets to the north of Birch Street, 3) The applicant and the Public Works Director agree upon the design of the cul -de -sac, 4) The applicant and the City Engineer agree upon the accesses to property to the west and south, and 5) The homeowners form an association to maintain the pond within the plat. Mr. McLean seconded the motion which carried unanimously. At this time the Board took a five - minute break. GARY UHDE - REZONE & PRELIMINARY PLAT MOTION: Mr. Cody moved to recommend to Council approval of application #86 -42, by Gary Uhde, dated 11/10/86 for a rezone to R -1 of the property as described within the application. This rezone is contingent upon two things - 1) Formal approval of the comp plan amendment which the comp plan task force has recently submitted to the City Council for consideration, and 2) procurement of the applicant's signature to a letter (to be drafted by the Lino Lakes City Attorney) which states that the applicant understands that the City is in no way obligated to the applicant should the comp plan of the City not be amended as proposed. Should either of these contingencies not be met, this rezone is null and void. Motion seconded by Mr. McLean seconded the motion which carried unanimously. Mr. Uhde and his engineering consultant explained to the Board that this preliminary plat is phase one of a multi -phase development plan. Some specifics with regard to this plat were: 1) All cul -de -sacs will be designed with islands for maintenance and asthetic purposes, 2) A homeowners association will be formed for maintenance of the ponds, 3) Entrance monuments and berms will be installed along Birch Street. MOTION: Mr. McLean moved to recommend to Council approval of the preliminary plat, application #86 -41, dated 11/10/86, from Gary Uhde, for property described within the application and as presented this evening using the colored • • December 10, 1986 Page 6 PLANNING & ZONING BOARD map dated 12/8/86. Mr. Cody seconded the motion which carried unanimously. SURFACING AND DRAINAGE The Board reviewed the changes (which they proposed at a recent meeting) to the "Surfacing and Drainage" portion of the zoning ordinance. The proposed comp plan amendment includes new nomenclature for zoning classifications; therefore in the event that the comp plan amendment is approved, the language within the "Surfacing and Drainage" changes would need to be revised. MOTION: Mr. Prokop moved to table consideration of the changes to the "Surfacing and Drainage" portion of the zoning ordinance until the comp plan amendment presently before the Council is addressed and resolved. GLARE ORDINANCE Mrs. Klaus commented that she went to the Justin Ray residence to examine the apparent lighting problem which originated this glare ordinance. The Board had received a letter from Mr. Ray requesting that this issue be resolved soon since it has been delayed for several months. Mrs. Klaus could not identify a problem when she visited the site and commented that a lot of time had gone into developing this glare ordinance for the benefit of one resident. MOTION: Mr. Prokop moved to recommend to Council adoption of a glare ordinance under the nuisance portion of the City Code. The nuisance ordinance would then be amended by adding the following language: (Section 901.03 (19) "In all zones, any sign or light whose glare or intensity is of such a nature that it impedes or interferes with the use of adjacent properties or interferes with the flow of pedestrian or vehicular traffic, it is considered a nuisance and will not be permitted." Mrs. Nelson seconded the motion which carried unanimously. COMP PLAN AMENDMENT Mr. Johnson briefly summarized his 12/3/86 memo on the subject of the comp plan amendment as proposed by the comp plan task force. In addition, Mr. Johnson explained the alternative ideas of the group present at the December 5 Stategic Planning Workshop with respect to the proposed comp plan. (These ideas were summarized in his 12/9/86 memo.) Several comments were made by Boardmembers referring to the lack of direction given by the Council before the large • • December 10, 1986 Page 7 PLANNING & ZONING BOARD amount of time and money was spent to develop a comp plan amendment, only to have the Strategic Planning Workshop attendees suggest such dramatic revisions. MOTION: Mr. Prokop moved to accept the comp plan amendment proposed by the task force (as outlined in City Planner's 12/3/86 memo) and the alternatives proposed by the Strategic Planning Workshop (as outlined in City Planner's 12/9/86 memo). Mr. McLean seconded the motion which carried unanimously. ROSS LIQUORS SITE AND BUILDING PLAN Mr. Schumacher asked the Board to consider the site and building plan of Ross Liquors (presented earlier this evening) so that the applicant can receive the direction necessary to revise the site and building plan. Mr. Ross's engineering consultant presented the site and building plan explaining that the applicant feels that, even though several variances would be required in order to approve the plan, the configuration presented is the most logical and economical. The Board reminded the applicant that even though the site and building plan presented appears to be the most logical and economical, it would require several variances and there is criteria which must be met before variances can be granted. The Board asked the applicant to present, at a later meeting, a site and building plan consistent with the zoning ordinance. They also suggested that the applicant be prepared with one plan assuming approval of the comp plan amendment under review and an alternative plan assuming denial of the comp plan amendment. The engineering consultant said that he felt he had the direction he needed in order to do so. OLD BUSINESS None. NEW BUSINESS None. The meeting was adjourned at 10:50 P.M. by unanimous vote. Aye.