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HomeMy WebLinkAbout07/13/1983 P&Z Minutes• Planning and Zoning Board July 13, 1983 The regular meeting of the Lino Lakes Planning and Zoning Board was called to order at 7:30 P.M., Wednesday, July 13, 1983 by Chairman Prokop. Members present: Goldade, Klaus, Ostlie, Doocy, Cody, McLean, Prokop. Members absent: none. Mr. Kluegel, Zoning official was also present. MINUTES - JUNE 8, 1983 Mr. Doocy moved to approve the June 8, 1983 minutes as presented. Mr. McLean seconded the motion. Motion declared passed. CONDITIONAL USE PERMIT - GOERTZ Mr. Kluegel explained that on May 24, 1982 Mr. Goertz was given plan approval for a commercial building in Lino Industrial Park by the City Council. At that time the plan did include plans for a future addition for office space. Mr. Prokop read the stipula,tions put on the original Conditional Use Permit from the May 12, 1944-minutes. Mr. Kluegel said that item #3 regarding landscaping has not been entirely completed. Mr. Goldade said he passes this building everyday and there has been progress in this area as far as getting this completed. Mr. Doocy asked if a landscape plan had been submitted. Mr. Kluegel said, No. Mr. McLean asked if there were any other elevations for the planned addit- ion. Mr. Goertz said they were included with the blueprints. Mr. McLean asked if it was the same dimension as laid out previously? The blue- prints were looked over, questions regarding location of addition, exterior material and parking were discusses. Mr. Prokop asked what would he require to make sure the building is built as approved. Mr. Kluegel explained. Mr. Prokop asked about the location of the septic and drainfield. Mr. Kluegel said the location will be noted on the drawings and must conform to WPC - 40. Mr. McLean asked what is the Board asked to consider on this item. Mr. Kluegel said a Conditional Use Permit. Mr. McLean said that particular ordinance is not in place yet. Mr. McLean moved to recommend a Conditional Use Permit for Klosner - Goertz for the property at 454 Lilac Street to cover the installation of a septic system on an unsewered lot, that this Conditional Use Permit recommendation is to be effective upon legal adoption of the City Zoning Ordinance, the applicant has also agreed to supply a landscape plan for the property by July 22, 1983 which will clean up his previous comm itment from 1982. Mr. Doocy seconded the motion. Motion declared passed. Mr. Goertz was told he had to appear before the Council on July 25, 1983 for final approval. 411 METES AND BOUNDS SUBDIVISION - CORDELL • • Planning & Zoning Board July 13, 1983 Page -2- Mr. Kluegel explained the position of the property and explained it is presently zoned Expansion Residential. Mr. Cordell explained some previous subdivisions on this property. He explained this request is to settle the estate of Clifford G. Alcock. Two parts of the family will take a land settlement and add it to their adjoining land. The remaining parcel (F) is for sale at this time. Mr. Cordell explained what happened to the estate when Clifford G. Alcock died. Parcel "C" was willed to Courtney & Flora Alcock. The balance of the property (about 33 acres) was divided between Courtney, Robert, and Ellen Alcock Sandeen. Courtney Alcock now has died and his parcel (C) has been split into three parts. Therefore parcels D, E, & F remain of the Clifford G. Alcock estate with, Courtney, Robert and Ellen Alcock Sandeen each owning 1 /3rd. Parcel E is proposed to be attached to the Robert Alcock property to the north which is in Columbus Township. Mr. McLean said there would have to be an understanding that this land would not have access in Lino Lakes. Parcel D will be attached to parcel C and be combined into one parcel. Parcel F will be sold and will be serviced by an easement to Lake Drive. The easement was discussed and it was explained that no building permit would be issued on parcel F until a City accepted roadway is dedicated to the City providing proper frontage. A long private driveway is not acceptable. Mr. Doocy asked where does this City stand on this, there have been several requests for different lot splits. Does the Planning and Zoning Board have to rescind any of their previous actions, Mr. Cordell said there is nothing recorded at the County. Mr. Doocy said that probably the minutes should be updated. It was determined that the last official action was to approve the parcel B as shown on the Certificate of Survey dated July 27, 1982, revised May 6, 1983 for conveyance to Rosengren and approval of the easement. Therefore, there is no action needed to update minutes. Mr. McLean moved to approve a metes and bounds land split on the Alcock Estate for referencing the May 6, 1983 Certificate of Survey. The re- commendation for approval will include parcels C. D. E & F as illustrated on the revision, the applicant has also been reminded that the 66 foot road easement does not represent an accepted dedicated road in the view of the City therefore should not be construed as providing buildable property in Parcel F. Mr. Ostlie seconded the motion. Mr. Prokop referred to the Zoning Ordinance, Sudb. 34, page 33, Metes and Bounds Conveyance - Building Permits. He felt this section of the Ordinance should be discussed before any action be taken on this motion. Mr. Prokop read some of the items. • Planning and Zoning Board July 13, 1983 Page -3- Mr. McLean asked about park dedication. Mr. Bill Short, City Planner, explained the section requiring a sketch indicating how the parcels can be resubdivided into urban size lots. Mr. Prokop felt possibly more time should be spent on this. Mr. Cody asked if the action taken tonight would just be a recommendation subject to Council approval of the entire Ordinance. Mr. McLean said the Board has that choice or voting down the motion. Mr. Prokop said the Board also could add on to the motion, subject to submission of items required in the Zoning Ordinance Subd. 34. Mrs. Klaus questioned item (3) page 35, waiving the requirements for metes and bounds subdivision. Mr. Short said Mr. Kluegel could take the applicant through each item in the ordinance and list in writing an answer for each item. It was determined that the moratorum was no longer in effect and that the new Ordinance will not become effective until the first week in August therefore, this Board is operating under Ordinance #56. Mr. McLean ..ro =e - to withdraw his motion. Mr. Goldade er - = =t~he motion. ' Magi d c 1 a-w e d .- pa ss-e-d . IIIMr. Cody moved to table this matter pending the applicants compliance to Subd. 34, sub- paragraphs 1 - 6 and Subd. 34, paragraph 2 and its sub parts so he can present for the next meeting some documents indicat- ing compliance so that the Board can take action at that time and hope- fully he will be on the calander for the August 25, 1983 City Council meeting and get approval at that time. Mr. McLean seconded the motion. Mr. Ostlie asked if the Board could make Mr. Cordell comply to an Ordinance that is not yet in effect. Mr. Prokop said that this Board has been complying with the Comprehensive Plan since it was adopted. On Mr. Cody's motion, the vote was four to two in favor of the motion. Mr. Ostlie and Mr. Doocy voted, Nay. Chair Abstained. Motion carried. A five minute recess was called at 9 :15 P.M. The Planning and Zoning Board discussed what measure they should use in considering variance, metes and bounds subdivisions, plats, etc. Mr. Prokop said some decision should be made on this point now. Mrs. Klaus felt a motion we-crl'"d be forth coming and would like to make a motion probably referencing Council minutes of June 27, 1983 where on Council member reminded the Planning and Zoning Board that the new Zoning Ordinance is just a guideline, is not law yet. She felt the Planning and Zoning Board had been using the new ordinance as a guide realizing that it was not law, that they were making most of their actions pending approval of the new ordinance and felt the Board should continue to do their actions knowing how hard they worked on the Comprehensive Plan and the new zoning ordinance and continue to use that as their guide for future actions until the new zoning ordinance is adopted. Mr. • • • Planning and Zoning Board July 13, 1983 Page -4- Doocy seconded the Motion. Mr. Doocy felt it was one Council member reacting to the Planning Comm- ission. It was not a Council wide action. Voting on the motion - motion carried unanimously. AMENDED SPECIAL USE PERMIT - WOLTERS Mr. Wolters is requesting an Amended Special Use Permit to build a storage building and add a storage buiiji.ng onto his present building. However, there were several items not completed on the original Special Use Permit such as screening and exterior storage. The new building would solve the exterior storage problem. The building his is proposing will resemble the building at Village Plumbing. Mr. Wolters described the proposed building and said specs were included in the Planning and Zoning packets. The question of exterior storage was discussed. Does exterior storage mean materials or equipment. Mr. Wolters was under the impression that exterior storage of material was not permissable but exterior storage of equipment was permissable. Mr. McLean asked Mr. Short for a definition from the new Ordinance. Mr. Short read from Subd. 23, page 27. Item #2. Basically it states that vehicles over 11,075 pounds must be screened. Mr. Short read the General Business definition and Light Industrial definition from the new ordinance. It was determined that Mr. Wolters is in a General Business District, however, his business is in the Light Industrial category. Since he is located next to a Light Indust- rial District maybe he should be rezoned to Light Industrial. Mr. Short suggested the Board could postpone any action on Mr. Wolters request tonight until after the new Zoning ordinance is adopted. Then Mr. Wolters could request a rezone to Light Industrial. It was explained that after the new Ordinance is in place Mr. Wolters business will be a non - conforming use in the General Business District and his business will be grandfathered in. However, since he is non- conforming he will not be allowed to expand. Mr. Wolters said if he was rezoned he would not have to build a building to take care of the exterior storage problem. Mr. Short read from the new Zoning Ordinance regarding screening and fencing in the Light Indust- rial District. A Conditional Use Permit would be required. Mr. Kluegel asked Mr. Short what he was suggesting: a rezone to Light Industrial and also a site and building plan approval and Conditional Use Permit for exterior storage. Mr. Short felt Mr. Wolters should also be encouraged to build a new building to eliminate the exterior storage problem. Mr. John Davidson, City Engineer, suggested that a proposal to change the • 411 Mr. Jack Johnson representing Mr. Spaganski presented an updated preliminary plat map of Rice Lake Estates. He explained the only difference in the drawing basically is the configuration of the cul -de -sac to the north of the plat. There is to be a temporary cul -de -sac assuming some day it will be extended to the property on the north . Planning and Zoning Board July 13, 1983 Page -5- new Zoning Ordinance Map to include Mr. Wolters in the Light Industrial District be dealt with at the time of the 2nd reading of the Zoning Ordinance. Mr. McLean felt this was a good suggestion. Mrs. Klaus asked if renting out part of Mr. Wolters storage building was permissable under our ordinance. It was determined it is permissable if it fit the definition of the usage for that zoning district. Mr. McLean moved to recommend to the Council that theproperty at 7791 Lake Drive owned by Paul Wolters be included in the new Zoning District Map with the classification of Light Industrial for the reason that the present operation on this site is most closely aligned with the permitted and conditional uses of a Light Industrial District and it is located adjacent to a Light Industrial area and this can be done at the second reading of the ordinance. Mr. Goldade seconded the motion. Mr. Doocy asked Mr. Short if adding a second building is an acceptable thing to do, is this setting a precedence move we do not want to encourage. Mr. Short said in essence these would be aessoryibuildings and be governed by (a *. essory! use. Motion passed unanimously. PRELIMINARY PLAT - RICE LAKE ESTATES - SPAGANSKI What is being requested tonight is a preliminary plat approval although it maybe contigent on some other items so that it can be sent to other agencies such as Rice Creek Watershed District, DNR, etc. for their review. Mr. Davidson, City Engineer gave his report: Water Service - 2 options, (1) Service from Circle Pines, (2) private system within our own community that will be on an interim basis with a pressure system or on an area wide system with a storage tank. Any agreement between Circle Pines and Lino Lakes would have to be dealt with at the Council level. Mr. Davidson recommended that as much as poss- ible that we would retain the utility within the community the utility is providing for. Mr. Goldade asked if Mr. Davidson recommendation would be C or D on his letter dated June 20, 1983. He said, yes. He said this part of the City is starting to develope to urban tirdards, III terms of starting with this as a n- .4g-s of an expanding utility system. From this standpoint he recommends that we consider a private water system for this City recognizing it will take time to develop this system. He would also recommend a physical connection to the adjacent community for their good as well as ours because these are coop- erative efforts that benefit all. Circle Pines, Lexington, Blaine are • • • Planning and Zoning Board July 13, 1983 Page -6- are all inter connected and he felt Lino Lakes should be a part of that over all system in terms of providing life savings benefits for everyone. Sanitary Sewer Service - Metropolitan Waste Control Commission has provided capacity in the Blaine system and about mile of interceptor will have to be constructed. Metro Waste Control' has assured Mr. Davidson that when the City shows the need there will be service. If for some reason the installation is not completed when the plat is ready for service, interim service can be had from the Circle Pines sanitary sewer near the intersection of Keith Road and Lake Drive. Roads - All streets will be constructed to City standards. Mr. McLean questioned the comment in Mr. Davidson letter regarding a seven ton street design. This would be less than required under the City street standard design. Mr. Davidson said the amount of traffic on these streets would not warrant a full standard street. Mr. Doocy asked if soil con- ditions would not warrant the heavier base? Would the street hold? Mr Davidson said that anywhere there are soil problems in a street right - of -way there will be measures taken to excavate and remove the organic soils and build the roadway to specifications, seven ton design. Mr. Ostlie asked if a lift station will be required for the sanitary sewer. Mr. Davidson said one would be required somewhere in the vacinity of Lake Drive and Highway #49. It will be sized initially to deal with the Rice Lake Estates Plat and build in the ability to increase the pump- ing capacity by either adding pumps or some other method. It will be built to service a particular service area not just the plat. This is subject to the Council establishing a service area. The Council may not want to do this but tell the developer to install his own facility. Mr.. Davidson will be recommending that it be dealt with on an area wide basis. Storm Water Drainage - It is recommended that storm water not be carried over 600 feet. The developer will be providing a drainage plan. General Comments - Mr. Davidson reviewed his letter of June 20, 1983 regarding his general comments. The grading plan will have to be approved by the DNR. Mr. Davidson felt this plat is very workable, a very workable plan. Mr. McLean asked if the sewer recommendations relates to using the Circle Pines system temporarily until the Blaine interceptor is completed. Mr. Davidson said they are really looking at using the permanent Blaine system. Metro Waste says it could be constructed as early as next spring. The developer is looking at building model homes before that time and something temporary will have to be considered or at least build the model homes without sewer facilities. Mr. McLean asked about the water system, if this plat is not connected to the Circle Pines system are we looking at a well such as is in Country Lakes? Mr. Davidson said, yes. Mr. McLean asked if the developer will bear the entire cost of this well? Mr. Davidson said a service area will have to be established by the Council. The developer could put the system in to service just his development and turn the system over to the • • Planning and Zoning Board July 13, 1983 Page -7- City. From the developers standpoint, it may be cheaper to buy service from neighboring communities. However, that may not be best for the City. Mr. Doocy stated this plat is in an area that could easily be serviced by the Circle Pines Gas utility. Who would provide this service? Mr. Davidson said the developer is always responsible for providing private utility service such as gas, electric, telephone. Mr. McLean said the developer should be aware of what gas franchise area this development is in. Mr. Goldade asked about cable T V. Mr. Davidson said the City has set standards for installation of underground utilities to include cable T V. Mr. Prokop asked if there could develope a situation where the streets would be installed and then have to be dug up a time or two for install- ation of utilities. Mr. Davidson said he recommends that the final street and concrete curbs be installed a year after the underground utilities are installed, mostly because of settling. Mr. Prokop noted the letter from the City of Circle Pines to Mayor Benson regarding concerns on Baldwin Park in Circle Pines. Mr. Short felt the impact would still be minimal. It is a neighborhood park and meant to service a 4 mile radius or one mile diameter. It has nine acres. Much of the service area this park is to serve is undevelopable because of the Baldwin Lake and the Anoka County Open Space. The Planning and Zoning Board felt this is an item the Park Board should deal with. Mr. Shorts Comments: Mr. Short felt that even though there is the concern from Circle Pines with the impact of the plat on Baldwin Park, walkways should be provided because older children will naturally gravitate to this park. He is suggesting an easement between lots 7 and 8 possibly. He feels they should plan for an eventual agreement between Lino Lakes and Circle Pines on the use of Baldwin Park. Mr. Short asked if there had been contact with Mr. Schmidt regarding extending Lakeview Avenue to the north into the Schmidt property. The answer was. inaudible. (� icy, ` t rL (fy7 r, A landscape buffer is required when an R -7 District is adjacent to a minor arterial or collector roadway. Additional lot depths are provided. In addition a landscape plan and buffer plan should be provided. There may be a need for a restrictive soils permit. Regarding park dedication, the areas indicated as "Park" are low areas and probably not acceptable for park use. Mr. Kluegel noted the park board had requested money in lueu of land for this plat. Mr. McLean felt there will be a lot of smaller children in this plat. Mr. Short felt because of the size of the rear yards, the lots will provide play area for the small childredn and Baldwin Park will pick up from there. • • • Planning and Zoning Board July 13, 1983 Page -8- Mr. Davidson felt children three years or younger usually stay in their own yards. After that Baldwin Park will be available to them. Mr. Short said that Baldwin Park is about 200 to 300 feet west of the plat. Mr. Ostlie asked about the elevation of the areas marked "Park". Mr. Short said they were to low for park use. Mr. Doocy asked about filling in an area for park use. It was noted that DNR and Rice Creek Watershed District would have something to say about any lot filling. Mr. McLean said he felt there was not anything firm on a water system or a sewer system. Mr. Davidson said in view of the attitudes leading up to the last sewer project in this area this would temper his approach to the issue, he felt it should be made available to the City as a system and if rejected encourage the developer to go ahead and install his own services. Mr. Davidson said the developer prefers that the City establish a service district for utilities and the utilities installation be bonded by the City and assessed to the benefited property to be paid over a period of several years. He explained how the situation was handled for Baldwin Lake Court this spring. Mr. Johnson asked for a preliminary plat approval so that they can send it on to other agencies for their review. There was a question regarding tornado shelters. The answer from the audience was inaudible. It was explained that the homes will be built on permanent foundations and tie downs such as for trailer houses are not required. The concensus of the Board was that they would like the Park Board to reconsider the Rice Lake Estates plat with the idea of working out some sort of a tot lot system because there may be many young children. Mr. McLean moved to recommend that the Council approve the Rice Lake Estates preliminary plat as presented and prepared June 1, 1983 with the additional stipulation that a tot lot area be provided by the developer of approximately 20,000 square feet in the approximate location of Block 8, lots 15 and 35 and that the developer also provide necessary equipment and development of the tot lot to the specifications to be provided by the Lino Lakes Park Board. This will also provide another access to the convenience store area from the plat. In this recommendation we are recognizing that the sanitary sewer system facility and the water system facility will be provided by one of the means suggested by Mr. Davidson, that all of the other recommendations regarding, roads, soils and other issues addressed by Mr. Short and Mr. Davidson will be followed. Mr. Doocy seconded the motion. Motion carried unanimously. • • • Planning and Zoning Board July 13, 1983 Page -9- SHORELAND MANAGEMENT PLAN Mr. McLean moved to recommend that we deal with the Shoreland Management Plan at the next meeting. Mr. Goldade seconded the motion. Motion carried unanimously. OLD BUSINESS Mr. Kluegel told the Board that the City Attorney has informed him that in reference to time limits on building permits, the City cannot be any stricter than the state building code which we have adopted by reference. Mr. Kluegelread the state building code provisions. Mr. McLean asked what can be done to get the state to revise their code? Mr. Goldade asked how Stillwater can be more restrictive than the State Building Code? Mr. Kluegel said they were in violation of the state code. NEW BUSINESS Mr. Doocy moved that after the roll call section on the agenda and approval of minutes the Board set aside a specific time for an update from the Building Official to clue the Board in on everything that is happening in the City of which the Board should be aware. Mr. McLean seconded the motion. Motion declared passed. (Clerk's note) The Park Board did not meet at their regular time in July so that is why there are no minutes. They will probably meet later in July and the Planning and Zoning Board will have both July and August Park Board minutes. Mr. Doocy moved to adjourn. Mr. McLean seconded the motion., Aye.