HomeMy WebLinkAbout11/17/2004 Env Bd PacketCity of Lino Lakes
Environmental Board Meeting
November 17, 2004
6:30 p.m.
AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: October 27, 2004
3. APPROVAL OF AGENDA
4. OPEN MIKE
5. ACTION ITEMS
6. DISCUSSION ITEMS
A. Review and Discussion of 2004 Goals and Establishment of 2005 Goals
B. Kingdom Hall Church of Jehovah's Witness Update
C. Pine Vista Firewise Update
D. Friends of the Mississippi Project Updates
E. Earth Day Discussion
F. Approve 2005 Meeting Dates
7. OTHER DEPARTMENT REPORTS
8. ADJOURN
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
October 13, 2004
6:38 P.M.
10:41 P.M.
Hyden, Laden, Pogalz, Rafferty, Root (arrived at
6:43 pm.), and Tralle.
Lane.
Jeff Smyser; Michael Grochala; James Studenski;
and Paul Bengtson
I. CALL TO ORDER AND ROLL CALL
Chair Rafferty called the Lino Lakes Planning and Zoning Board meeting to order at 6:38
p.m., October 13, 2004.
II. APPROVAL OF AGENDA
The agenda was approved.
III. APPROVAL OF MINUTES: September 8, 2004
Mr. Hyden made a MOTION approve the September 8, 2004 Minutes and was supported
by Mr. Pogalz. Motion carried 3 -0 -1 (Pogalz abstained).
IV. OPEN MIKE
Chair Rafferty declared open mike open at 6:40 p.m.
There was no one present for Open Mike
Mr. Pogalz made a MOTION to close Open Mike at 6:41 p.m., and was supported by Mr.
Tralle. Motion carried 4 -0.
V. ACTION ITEMS
A. CONTINUED PUBLIC HEARING, for Rezoning to PUD and a Preliminary
Plat for Fox Den Acres, Royal Oaks Realty, a 50 -acre development south of
Birch Street and east of Deerwood Lane, at the east end of Fox Road
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Chair Rafferty opened the public hearing at 6:41 p.m.
Staff stated applicant had requested approval of a single family residential development
called Fox Den Acres. The comprehensive plan guides the site for low- density
residential use and it is zoned R -1. The site is within the existing MUSA.
Mr. Root arrived at 6:43 p.m.
Staff noted Fox Den Acres project offers a good opportunity to implement the new parks
and open space plan through the use of a conservation development. Staff has worked
with the Watershed District and Royal Oaks to pursue these goals. The redesign includes
such things as filling and moving lower quality wetlands in order to preserve and increase
higher quality wetlands and upland area. The overall gain in public value will be
positive. This conservation development approach, while often discussed in the City, has
not previously been pursued to the extent they are doing so here.
Staff stated standard zoning requirements often do not accommodate natural features in
this way, and this is an example of that shortcoming. Therefore, a planned unit
development is being used. A PUD is not allowed in a single - family zone, so a rezone to
PUD would be needed.
Staff acknowledges there are a number of details and specifics that normally are resolved
by this point in the process. However, staff is comfortable that there is ample time for
these details to be addressed. Additional design parameters will be reached before City
Council approval. This project has been and will continue to be a learning process for
players in several organizations and agencies. Though the design is not the normal level
of detail, there has been more design communication among the players than on any
previous project. He noted they have utilized the review extension allowed by law and
are facing a deadline of November 19 for City Council action on the rezoning and
preliminary plat. Therefore, a recommendation by the P &Z is necessary.
Staff presented their analysis and recommended approval of the project including
Rezoning to residential planned unit development and preliminary plat, subject to the
following conditions:
1. Grading and utility plans must obtain approval by the City Engineer prior to City
Council approval of the final plat.
2. A permit from the Rice Creek Watershed District must be obtained prior to City
Council approval of the final plat.
3. The entire project can be final platted in 2005, subject to City Council approval of
amendments to Ordinance 01 -03.
4. Park dedication shall be cash with credit for construction of trails.
5. A homeowners association shall be created. The association shall maintain a
stewardship fund to manage the open space areas of Outlots A, B, and C,
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• according to a stewardship plan to be approved by the City. Association
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documents shall be reviewed by the City Attorney prior to final plat approval.
6. A conservation easement shall be created over all of Outlots A, B, and C to make
them permanent open space.
7. A temporary cul -de -sac must be constructed on the northern stub street.
8. The project as redesigned must obtain a permit from the Rice Creek Watershed
District prior to final approval by the City Council.
Chair Rafferty invited applicant to make comment.
Mr. Jeff Schoenbauer, Brauer and Associates, summarized the project for the Board. He
reiterated the public values they tried to achieve were: preserving more natural open
space (through a conservation easement); reducing the extent of impervious surfaces and
size of the development footprint; restore /enhance ecological systems on the site as part
of the development process; protect off -site ecological systems through increased
buffering; ensure long -term natural resource stewardship through an endowment program
sponsored by the Developer; provide public park and trail opportunities consistent with
the System Plan; manage stormwater (flow rates and quality) using natural infiltration
approaches; preserve the open space aesthetic to which community residences have
become accustomed; and to maintain a natural buffer between established and new
developments.
Mr. Laden asked who would be in charge of the endowment. Mr. Schoenbauer replied
the endowment fund would be part of the Development Agreement, which would be held
by the City, but administered by the homeowner association. He stated these funds
would be to preserve the natural areas and were monitored very closely.
Mr. Hyden asked what the ramification was if a homeowner did not pay the yearly
$100.00 conservation fee. Mr. Schoenbauer replied the City could enforce payment by a
legal means.
Mr. Hyden asked who would maintain the trail system. Mr. Smyser replied the City
would maintain the trail corridor, but not the open space area.
Mr. Schoenbauer stated who would own the easement was currently being looked at by
the City Attorney.
Mr. Laden asked if the City wanted to do improvements in the open areas, did they have
authority to do that. Mr. Schoenbauer replied as long as the improvements kept with the
spirit and intent of the area, the City could make improvements. He noted he was
comfortable with the amount of money set aside for natural resource maintenance.
Chair Rafferty asked if this was the first time that the City would have the burden of
being the administrator of the funds. Mr. Schoenbauer replied the developer had the
burden and the City was only the watchdog to make sure the procedures were being
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followed. He noted the only obligation the City had was for a staff member to meet with
the homeowners association yearly to see where the association intended to spend the
money for that year in natural resource maintenance.
Chair Rafferty asked once this was turned over to the association, who would force the
association to administer the funds for the particular areas. Mr. Schoenbauer stated the
City would have the legal authority to step in and say they were not using the funds
appropriately and the City could take legal action against the association.
Mike Black, Royal Oaks Realty, stated this had been a process, which was not easy. He
noted they had hoped to have this proposal approved by this time. He stated City staff
and the consultants were doing a good job and they both had the interests of the City in
mind. He noted this was "new waters" for them and they had to go outside of their shell
for this development. He stated the ideas being presented were new to them, but they had
gone along with the proposals. He believed this development met with the letter and
intent of the zoning, including a trail corridor and significant open space with a large
buffer along the west side of the development. He stated once this was done, he believed
everyone would be proud of the development. He stated there had been a lot of give and
take on this development and asked the Board to look at the development as an entire
package. He stated all of the elements needed to be looked at as a package. He stated he
did not want to negotiate with staff and then find out that the Planning & Zoning Board
or Council wanted something different. He indicated they were asking for a flexibility of
a 20 -foot rear yard setback and a 25 -foot front yard setback, if necessary in order to allow
more open space in the back of the homes.
Chair Rafferty asked how far the home would be located with a 25 -foot front yard
setback. Mr. Smyser replied the homes would be 34 feet from the curb. He noted the
side yard setback would remain at 5 feet.
Mr. Black stated the average width of the lots were 95 feet wide. Chair Rafferty stated he
was concerned that the development would look "boxy" if the homes were located too
close together.
Mr. Root inquired about the stormwater run off into the existing neighborhoods and the
traffic issue which had been concerns at the last meeting.
Mr. Schoenbauer replied with respect to the stormwater runoff, no water would leave the
site and go into the adjoining developments. He stated they would manage all water they
could on site and if water left the site, the flow rates would be no more than they were
currently and the water quality would the same, if not better, than it was currently. He
stated one of the objectives of this development would be to improve the water quality.
Mr. Tralle asked if any water from the existing neighborhood flow into this development.
Mr. Schoenbauer replied if it did, the water would be handled by this development.
Steve Helmer, TKDA, replied with respect to traffic, the PM peak hour conditions the
project impact would equal 3.4 seconds /vehicle added delay for northbound approach of
Deerwood Lane /Birch Road intersection. He stated the AM peak hour conditions the
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project impact would be less than 0.5 seconds /vehicle added delay for northbound
approach of Deerwood Lane /Birch Road. He noted the project will increase the average
daily traffic on Deerwood Lane by 348 vehicles per day north of Fox Road. The project
will increase average daily traffic on Fox Road by 188 vehicles per day west of
Deerwood Lane. He noted the past studies have suggested that "livability" may begin to
deteriorate upwards of 1,500 average daily traffic.
Mr. Hyden asked if the peak PM was a slight increase over the AM peak. Mr. Helmer
replied that was correct.
Mr. Tralle asked what generated the improvement of an existing road. Mr. Helmer
replied new development, new additional traffic, or deterioration of the road due to
existing traffic.
Mr. Tralle stated he understood they did not build the road ahead of time, but only after
the traffic on the road justified an improvement. Mr. Helmer replied that was a standard
practice in the State of Minnesota.
Chair Rafferty invited those for or against the project to make comment.
Al Stender, 6379 Deerwood Lane, commended the City Engineers and the developer for
working on this development. He noted the development was much improved from the
original proposal. He expressed concern about the increase in traffic in this area. He
stated he had a seven minute wait today on County Road J and Birch and two minutes to
take a left turn from Deerwood onto Birch. He noted all of these new development only
added to the traffic. He asked if the traffic engineer had taken into consideration all of
the other developments being added to this area also in his analysis. He requested they
think about the infrastructure before approving the developments.
Rick Kamrath, Deerwood Circle, expressed concern about traffic and asked if any options
had been identified to alleviate some of the neighborhoods concerns with respect to
increase in traffic. Mr. Studenski replied this was an issue with all of the projects in the
City at the present time, and prior to the start of the project they videotaped it to see if
there were any additional traffic or deterioration due to the construction and if there was,
the developer was responsible to repair the road. He stated if necessary, they would have
flag people directing traffic in and out of the area. He stated he did not know of any other
options other than monitoring the traffic. He stated if there were issues with safety, the
residents should call the police. He noted the roadway was designed to handle this
amount of traffic.
Mr. Kamrath asked for additional clarification in regards to the drainage on the site. Mr.
Schoenbauer replied the drainage plans were being developed right now and if the
neighbors wanted to look at the plans as they were completed, he would be willing to
discuss this with them. He stated he could ensure that the stormwater drainage would
remain on site.
Mr. Tralle asked why there were no sidewalks in this development. Mr. Smyser replied
in the past the residents did not want sidewalks in their development, but this was slowly
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changing. However, in this particular development, they were trying to make the
impervious surfaces as small as possible in an effort to preserve as much of the nonpaved
area as they could. He indicated they had not considered putting in sidewalks in this
development, but noted if they did, the right -of -way would need to be widened. He
stated a sidewalk would be nice in this development, but there was a tradeoff also in
order to preserve the open space.
Chair Rafferty stated the developer had done a good job on this development and
commended him for that. He stated he liked the idea of a give and take and to work
through the process to get this done, but asked why was there 57 homes, instead of 56.
Mr. Schoenbauer replied the extra lot came in because the lots along the cul -de -sac were
the most expensive lots and when the cul -de -sac was taken out, the developer lost an
economic benefit, so therefore he, not the developer, recommended this lot be added to
make up for those lost dollars and to preserve more open space.
Mr. Laden asked if the temporary cul -de -sac would be constructed to the standard cul -de-
sac requirements. Mr. Studenski replied it would.
Mr. Hyden made a MOTION to close the public hearing at 8:06 p.m. and was supported
by Mr. Tralle. Motion carried 5 -0.
Mr. Root noted this was to be approved as a package and yet they were approving the
Growth Management Policy Ordinance 01 -03 in the next item.
Mr. Smyser stated Mr. Root was correct and he proposed this project would be subject to
whether the Council approved the amendments to Ordinance 01 -03.
Chair Rafferty asked if they should have had that discussion first before they had the
public hearing. Mr. Rafferty replied that was a possibility.
Chair Rafferty asked if the Board wanted to address the Growth Management Plan issue
now to help in the decision making process.
Mr. Root suggested they table this item and discuss the next item and then come back to
this item.
Mr. Root made a MOTION to table item 5A until after discussion and recommendation
of item 5B and was supported by Mr. Tralle. Motion carried 5 -0.
B. PUBLIC HEARING for Amending Ordinance No. 01 -03, Growth
Management Policy to provide residential development phasing flexibility for
conservation development projects
Chair Rafferty opened the pubic hearing at 8:10 p.m.
Staff explained the City adopted Ordinance 01 -03 in January 2003. This ordinance lists
the specifics of the growth management policy, including the annual limits on the number
of MUSA acres to be allocated and the number of units /lots to be platted. The policy
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requires a phasing plan for projects of 50 units or more. He stated they maintained an
inventory required in Section 2, paragraph 11 using tables tracking the allocation of
MUSA and the approval of units /lots in preliminary plats.
He noted the general approach to amending the ordinance is to add a section that gives
the City Council more discretion in approving housing units in any given year above the
stipulated growth limits as defined in Section 2 — Growth Management Policy. This
discretion would only be applied in cases where the developer of property successfully
collaborates with the City and submits a conservation development proposal that includes
public values that exceed those achievable under a conventional development approach.
The determination as to whether this threshold is reached will be at the sole discretion of
the City Council.
He stated in this context, "conventional development" is defined as a development
proposal that meets the minimum requirements of the City's ordinances regulating
subdivision and platting, zoning, street standards, and other pertinent requirements.
"Conservation development" refers to the collaborative process in which certain
stipulated public values are sought in exchange for greater flexibility on general
development requirements and the growth limits defined under this policy.
He reviewed the options for amending the policy and requested the Board open the public
hearing, take comments, close the public hearing and make a recommendation on
ordinance amendment.
Mr. Schoenbauer noted the intent was the get developers to do conservation development,
while still maintaining the ability to do conservation development if a conservation
development would not work.
Chair Rafferty asked what were the negative things they would experience by
recommending this. Mr. Schoenbauer replied he did not see a downside because at the
end of the day the City held the final decision and if a development could not make a
conservation development, the developer had no choice but to go back into the
conventional approach.
Chair Rafferty asked if the City would have to hire consultants each time to analyze the
developments as they came in. Mr. Schoenbauer replied his services were intended to get
the City started, but it was the goal to have City staff would take over the analysis with
the objective being to actually decrease the staff's time.
Mr. Grochala stated he believed there would be a savings in time and effort in getting to a
final product in going through this process. He noted most developments would not take
as much time as the Royal Oaks Development because staff was still learning the process,
but once staff has gone though the process, it should not take any more time than a
conventional development process.
Chair Rafferty stated he was getting the impression from the various Boards, it appeared
everyone was very much in favor of this conservative effort to produce developments in
this fashion.
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Mr. Root stated there was also a third option, which was to keep things the same, but he
believed the City did get some valuable things with this conservation development and he
believed they needed to be flexible. He noted his concern with option 1 was that they
would have a land rush with no way to limit the lots. He stated his concern with option 2
was that the developers would want to move the lots ahead and there would be no lots left
in the near future because they shifted everything up. He suggested maybe something in
between these two options might be more favorable.
Mr. Grochala stated staff had thought of these concerns. He indicated however, if the
City was getting what they wanted and if things were being taken care of at a higher
level, there would be no negatives. However, he believed they needed to develop a
couple of these developments to see how they were working. He stated with option 2,
they were moving lots ahead on paper and the developer had to fit into the existing
phasing plan as required.
Chair Rafferty asked how long for the infrastructure and what was the time for the build
out. He asked if there was a need for the development if they allowed for the
infrastructure to be completed. Mr. Grochala replied he saw getting infrastructure in was
important, but there was also a cost for the infrastructure.
Mr. Root stated the only thing they could do was to have some sort of say over the
number of lots and when the lots could be developed. He stated he could only go on the
number of lots available for development. Mr. Grochala noted no matter how many
controls they put in place, they could not control the market or economic factors and he
agreed they only had control of the number of lots.
Mr. Root noted as the options were written, there were no limits. Mr. Schoenbauer
replied it was the Board's discretion to use the alternative process and if they did not
want to approve anymore, they did not have to. He stated they could stick with
conventional development when they wanted.
Mr. Root stated the whole reason this was taking place was because of the value to the
City and therefore it would be hard to turn down these developments. Mr. Schoenbauer
asked why would the City want to turn down a development if it met the highest
standards the City wanted.
Mr. Root expressed concern that the City would develop too fast and there would be not
lots left for future development.
Mr. Schoenbauer suggested they go with the second option, which would give some
control and see how the next couple of conservation developments progressed.
Mr. Root stated he was more worried about the larger developments. Mr. Schoenbauer
replied they might want to consider limiting acreage.
Mr. Tralle stated he was in favor of option 1 because he did not believe they should be
"handcuffing" themselves. He noted there was MUSA and other regulations in place that
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would control some of this. He stated he did not believe there would be an influx of
development proposals. He noted the City did not move that fast. He stated he wanted
the ability to use their discretion.
Mr. Tralle noted no matter how this was worded, it would be a give and take and paper
shuffle.
Mr. Schoenbauer stated these growth controls could be used to the City's advantage and
they needed to trust themselves. He noted they were the decisions makers and they had
the option of which way they wanted to progress. He stated there was no downside in
giving themselves this discretion.
Mr. Laden asked what was the main purpose of the 147 figure other than to slow growth.
Mr. Grochala replied the 147 number was the midpoint between the slower growth
movement and maintain the existing growth movement.
Mr. Schoenbauer noted there was no developer that could force them to do anything and
it was up to them as to what type of a development they wanted.
Chair Rafferty thanked staff for working hard on this project and noted he was excited to
see what was happening at Fox Den. However, he asked if they were possibly being too
critical of something that might not happen. He stated he was in favor of option 1.
Chair Rafferty invited those for or against this proposal to make comment.
There were no comments made.
Mr. Root made a MOTION to close the public hearing at 9:05 p.m. and was supported by
Mr. Hyden. Motion carried 5 -0.
Mr. Pogalz made a MOTION to recommend Option 1 exempt conservation development
from the growth restrictions. That is, a conservation development would be subject to
neither the MUSA allocation limit (36 acres per year) nor the unit restriction (147 per
year) and was supported by Mr. Hyden. Motion carried 4 -1 (Nay — Root).
Chair Rafferty recessed the meeting at 9:06 p.m. and reconvened the meeting at 9:14 p.m.
A. CONTINUATION of Rezoning to PUD and a Preliminary Plat for Fox Den
Acres, Royal Oaks Realty, a 50 -acre development south of Birch Street and
east of Deerwood Lane, at the east end of Fox Road
Chair Rafferty noted they were taking item 5A off of the table continue where they left
off.
Mr. Smyser stated he recommended deleting Condition 2 on page 8 of his staff report and
inserting the following: "No parking is to be allowed on fox Road between Deerwood
Lane and the first intersection in this project ".
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Mr. Smyser stated in Condition 8 he requested the word "plat" be inserted between final
and approval.
Mr. Smyser noted a sign would be placed on the stub road indicating a road would go
through in the future.
Mr. Ryden made a MOTION to recommend rezoning to residential planned unit
development and was supported by Mr. Laden. Motion carried 5 -0.
Mr. Tralle made a MOTION to recommend Preliminary Plat subject to the conditions as
noted in staffs October 13, 2004 report and with the amended changes made to
Conditions number 2 and 8 as requested by staff and was supported by Mr. Hyden.
Motion carried 5 -0.
Chair Rafferty thanked Mr. Black for his cooperation with the City staff on this
development and wished him luck.
C. Final Plat for Speiser Acres, Jeff and Marni Sawyer, the combination and
subdivision of three existing Lots to result in three lots, 453 Birch Street
Staff stated applicants have requested approval of a single - family residential development
called Speiser Acres. The property within the new subdivision consists of three existing
lots, one with an existing single - family dwelling, and two lots of vacant land. The lot for
the existing single- family dwelling will be enlarged to include the land on which some
accessory buildings have been constructed. Another single - family residential lot with
frontage onto Birch Street will be created, and the remaining acreage will be combined
into one large lot.
Staff explained the final plat conforms to the approved preliminary plat layout as
approved by the City Council on September 27, 2004. The title commitment for the
property has been forwarded to the City Attorney for review. As required under the
conditions of preliminary plat approval, the applicant has submitted a Rice Creek
Watershed permit. All other conditions of approval will be met with building permit
review of the new home. A development contract between the applicant and the City is
being developed and will address many of the conditions of approval at that time. MUSA
was allotted to lots 2 and 3 of the proposed final plat as part of the preliminary plat
process.
Staff recommended the approval of the final plat for Speiser Acres.
Mr. Tralle made a MOTION to recommend approving the final plat for Speiser Acres and
was supported by Mr. Pogalz. Motion carried 5 -0.
D. AUAR Study for the I -35E Corridor, Consideration of Advisory Panel
Staff explained the City's Comprehensive Plan guides the I -35E corridor area for the
variety of land uses including low, medium, and high density residential, commercial,
industrial and rural land uses. The City council goals, adopted in June, 2004, included
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the direction to being Master Planning of the I -35E corridor. These goals are also
supported by the Economic Development Advisory Committee (EDAC) Action Plan
identifying the need to master plan the corridor.
Staff stated they had received a proposal from Dahlgren, Shardlow & Urban, Inc. (DSU),
a leading planning and landscape architecture firm in the state, to complete an Alternative
Urban Areawide Review (AUAR) for the proposed area along the easterly side of the city
encompassing approximately 4,000 acres. The AUAR process give the City the
opportunity to assess the impact of potential development on the area's natural resources
prior to receiving and considering development proposals for approval. By examining
multiple development scenarios throughout the AUAR process, the City is able to
evaluate how much development can be accommodated in an area without significant
environmental impacts. An AUAR is a very proactive planning process.
Staff noted a key element of the process is the establishment of an Advisory Panel
consisting of representatives from the Planning & Zoning board, Environmental Board,
EDAC, Rice Creek Watershed District, Anoka County, property owners, surrounding
communities, and representatives from other identified key groups and agencies. The
process is designed to empower the support the City Council in making informed
decisions at every key stage of the project. He stated the AUAR process is proposed to
be completed within nine months of the authorization to proceed.
Staff recommended the Board appoint three members of the P &Z to serve on the AUAR
Advisory Panel.
Mr. Hyden asked what day and times the meetings would be held. Mr. Grochala replied
he did not have this information for tonight's meeting, but he suggested they have a
special meeting in the next week or so to discuss who would be on the panel. He noted
the meetings would probably be on a Tuesday or Thursday evening either at 6:00 p.m. or
6:30 p.m.
Mr. Tralle, Mr. Root, and Mr. Laden stated they would be interested in being on the
Advisory Panel if the meetings were in the evening.
Mr. Grochala noted all Board members were invited to show up at the meeting if they
wanted. He stated the meetings would be public meetings.
Chair Rafferty recommended appointing Mr. Tralle, Mr. Root, and Mr. Laden to the
Advisory Panel and if staff needed further members, they would come back to the Board.
VI. DISCUSSION ITEMS
Chair Rafferty recommended they discuss item VI.A. last.
B. Comprehensive Plan Amendment, David McDonald (Bodyworks Gym
property)
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Staff stated the owner of the property located at 780 Lois Lane, 790 Lois Lane, and the
vacant property located adjacent to the southeast corner of Lois Lane and the Della Lane
alignment has approached the City in order to gauge the feasibility of redeveloping the
properties with an attached residential product.
He stated staff had assembled some information and sent it to the property owner. Upon
receipt of that information the property owner retained a professional consultant and
since then staff has met with the property owner and the consultant to discuss the letter
and the potential development of the site.
Staff explained considering the expense in proceeding with a Comprehensive Plan
Amendment, Rezoning, Site Development Plan Review, and Plat; the property owner has
requested City staff to discuss the potential of this site with the Planning and Zoning
Board and City Council. He noted this is not a formal submittal, nor does it even include
a site plan. Rather, this is an attempt by the property owner to get some feedback from
the Planning and Zoning Board and City Council prior to formalizing any arrangements
and paying for any working drawings.
Mr. Pogalz asked if they had vacant lots adjacent to their existing lot that they wanted to
create townhomes on. Mr. Bengtson replied that was correct, but they did not have any
definite plans.
Mr. Tralle asked how wide was the vacant lot. Mr. Bengtson replied he was not sure, but
he did not believe it would be sufficient depth for a lot to be created and it would be
necessary to request a variance.
Mr. Tralle asked who owned the road. Mr. Bengtson replied that road was an actual
platted right -of -way, which led down to the park. He noted he had spoken with Mr.
DeGardner, Director of Public Services, about this and he did not have any issues with
the road being vacated as long as there was an access to the park.
Mr. Bengtson stated they wanted to find out if doing a townhome project in this area
would be supported. He stated applicant was hoping to build in 2005.
Mr. Pogalz asked what was the precedent in creating something in Stage 2. Mr. Smyser
replied they had not advanced into Stage 2 yet.
Mr. Pogalz noted if the City followed their staging plan, applicant would need to come
back in 2010.
Mr. Tralle stated he did not believe townhomes belonged there.
Chair Rafferty stated townhomes might not be a good solution or direction at this time
because it was a Stage 2 development.
Mr. Hyden stated if they started going into Stage 2, this would open the doors to more
Stage 2 development and he did not believe they should allow this to happen.
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Planning & Zoning Board
October 13, 2004
Page 13
C. Update on Legacy at Wood Edge
Staff updated the Board on the Legacy at Wood Edge project. He stated last night
Council took final action on redevelopment and they were moving forward and they
anticipated breaking ground in spring, 2005. He stated the YMCA was anticipating
ground breaking in mid - summer, 2005.
D. Resignation of P &Z Board Member Sharon Lane
Staff stated P &Z Board Member Sharon Lane had resigned and noted they would have a
new board member on the Board in January, 2005.
Chair Rafferty thanked Ms. Lane for her work on the Board and wished her and her
husband good luck in the future.
A. Temporary Signage Update
Staff presented the issues to address for temporary signage and the P &Z discussion to
date. He noted the ultimate goal is to prepare amendments to the existing sign ordinance.
He indicated they were not proposing a total revamp of the sign ordinance.
Mr. Bengtson stated he had broken down signage into 10 categories for review by the
Board including portable signs, miscellaneous signs, construction signs, real estate
advertising signs, subdivision development sale signs, subdivision development
directional signs, open house signs, special event signs, garage and yard sale signs, and
incidental signs. He asked if his categories covered the signs the Board had seen and if
they wanted to add any other types of signs, or take some types of signs off of the
discussion.
Chair Rafferty stated staff had done a good job, but he had not had time to review the
definitions. Mr. Bengtson noted they could adjust the definitions to be more or less
inclusive or restrictive as the Board saw fit.
Mr. Root thanked staff for their work. He asked if there would be different standards for
each different type of sign, or was the purpose to give them a scope of what temporary
signage was. Mr. Bengtson replied it was his intention to give the Board a broad look at
the different types of temporary signs there were and it would be up to the Board as to
what type of standards they wanted to apply. He stated they could take one or two type
of signs at the end of each meeting and look at them individually if the Board wanted.
Mr. Laden stated he had been doing some research on sign regulations and free speech
and some Cities had been sued on their sign ordinances, which had gone all of the way to
the Supreme Court. He stated he understood cities could not restrict the content of the
sign and if it was a temporary sign, they could restrict size, time, etc., but they could not
restrict content. He suggested they look at all temporary signage as one and restrict them
by size, time, etc. and not review each sign type individually.
DRAFT MINUTES
Planning & Zoning Board
October 13, 2004
Page 14
Mr. Hyden stated Mr. Laden's point was a good one and he believed the simpler the
better.
Mr. Bengtson stated the Board could go with this type of restriction, but many Cities had
temporary sign ordinances.
Mr. Laden stated they could still restrict banners.
Mr. Pogalz believed this needed to be more refined and there needed to be a few more
layers. He stated he did not believe a temporary sign was a temporary sign and there
were different levels to it which they needed to look at.
Mr. Hyden asked how should they approach this.
Mr. Tralle noted if they took two signs a meeting, it would take them 5 months to get
through this.
Mr. Pogalz indicated the Cities they had looked at previously, appeared to have layers to
their sign ordinance. Mr. Bengtson stated a lot of City codes had signage broken down.
Mr. Root stated if they broke it down too much, it would be difficult to enforce. Mr.
Pogalz believed this would be difficult to enforce anyway.
Mr. Tralle asked if City staff had started enforcing the sign ordinance. Mr. Bengtson
replied City staff would be working on this, but they were short staffed last month due to
vacations.
Mr. Tralle noted political signs superceded anything the City put up because the State
Statutes regulated them. Mr. Bengtson replied that was correct and the Board would not
need to deal with political signs.
Mr. Tralle asked if those Statutes would give them any guidelines for temporary signage.
Mr. Bengtson replied the Statutes were not very specific and therefore would probably
not be useful for them to look at. However, he would gather the Statute information for
the Board meeting next month for the Boardmembers to review.
Chair Rafferty asked if there was one thing they could look at tonight and make a
determination.
Mr. Tralle suggested the look at five signs this month and five signs next month.
Chair Rafferty stated they needed to find a way to move forward, but he recommended
they only go to 10:30 p.m. for this meeting. He also recommended they only discuss the
sign issue until 10:30 p.m. for future meetings.
Mr. Laden asked if they should make any distinction between commercial and residential
property. Mr. Bengston replied depending on the type of sign, it could be used on either
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Planning & Zoning Board
October 13, 2004
Page 15
• commercial or residential property and the Board could make the determination if certain
signs should be banned from certain properties.
Mr. Root asked if there was a reason they could not limit total temporary signage to no
more than 32 square feet and have a timeline for the sign to be out.
Chair Rafferty stated Mr. Root's suggestion was fine, except when it came to
construction signs. He stated this issue would come up soon with the development by
City Hall.
Mr. Laden asked how long could a sign be up before it was considered a permanent sign.
Mr. Pogalz stated at a previous meeting a business had indicated they needed the
temporary signage for their profitability and he was concerned if the City cut into the
profitability of a business, a lawsuit could be the result. Mr. Tralle pointed out staff had
not been able to verify that these temporary signs cut into the profitability of a business.
Chair Rafferty suggested for next month they take three signs out of this packet and
discuss those, starting with the construction signs, subdivision signs, and subdivision
directional development signs. Mr. Laden stated he believed these three types of signs
were the same.
Mr. Pogalz stated until it as brought up on this Board, he never paid much attention to the
fact that there were so many signs in the City and he was not sure how to approach this
yet.
Mr. Hyden stated he wanted to nail down a goal each time so they were moving forward.
He stated he did not want to discuss this at every meeting with no conclusions being
reached.
Chair Rafferty stated he did not know what was the best direction to go, but he would like
to get this behind them. He stated he wanted to get to the root of the problem and make
this easy to regulate.
Mr. Hyden stated he understood what brought this on was the use of banners in the City
and the City was looking for direction on how to enforce use of banners, but now they
needed to look at all temporary signage.
Mr. Tralle stated he wanted to tackle the banners and not construction signs because these
were already defined. He stated banners and signs on posts were the biggest problems for
him.
Mr. Root stated he wanted to pick a sign and discuss it and take this in small chunks, but
he agreed they should begin with a discussion on banner signs first.
Chair Rafferty asked if they could agree to discuss banners at the next meeting. Mr.
Bengston suggested the Board members look at the sign definitions over the next month
and if they were defined and the members agreed with the definition, then they did not
DRAFT MINUTES
Planning & Zoning Board
October 13, 2004
Page 16
need to discuss that type of signage, which would get those types of signs out of the way
and they could then discuss the signs that were creating problems.
The Board agreed to discuss banners at the next meeting and the other signs that had
definitions, unless the Board had questions about them, would not be discussed.
VII. ADJOURNMENT
Mr. Tralle made a MOTION to adjourn the meeting at 10:41 p.m., and was supported by
Mr. Tralle. Motion carried 5 -0.
Respectfully submitted,
Kathy Altman, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
DRAFT MINUTES
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City of Lino Lakes
Environmental Board Goals
2004
• Continue to work with landowners, developers and all stakeholders and
agencies to buffer and protect the wetland area behind Lino Lakes
Elementary School.
• Expand the Wildland urban Interface project to work with Centennial
Fire District in implementing the Fire Wise program starting with Pine
Vista subdivision.
• Work with Lino Lakes Park Board in the planning of a new open space
and trails plan.
• Petition to have the sunset clause removed from the Peltier Lake slow,
no -wake ordinance, and continue to monitor the Heron Rookery and the
Northern 1/3 of the lake.
• Promote and "showcase" (example: Legacy at Woods Edge) the use of
native plantings in formal and informal settings.
• Promote public education and provide handouts on such subjects as
invasive, non - invasive species, where to buy native plants, environmental
landscaping, composting, organic gardening, promoting and protecting
wildlife habitat.
• Pursue having Lino Lakes certified as a Community Wildlife Habitat
through the National Wildlife Federation.
• Partner with local Master Gardeners for a series of public education
seminars.
• Do a special project with Blue Heron Elementary
• Make contact with similar boards from other cities.
' Promote public .educationi.and provide handouts available -at city hall
: on such subjects as invasive non-native species, where to :buy :native plants,. .
• "environmental landsca in • p g,ti rganic.gardening, promoting and : _.
_... p g; • corm ostin o •
:protecting wildlife habitat..:..... . . -....• •
003 ENVIRONMENTAL BOARD GOALS
..• -Seek funding and 'agencies .to. help •with. land acquisition for open space,...
dlife habitats; .greenway corridors, and to .protect .hjigh ecological value: .:
„.., 'try. ..!.• •.';
eek.faidiig .and agencies for staff help. .
• ys Ito obtain dedication fees, fromi develo .::=:.:: ::` ..
city.to preserve o n -
s ace �: Pnients andlor the.
`t... - Pe P
~, ON GOING .GO; ,'
ontinue.working.with the Anoka Conservation �D' tri.
reenways Program:.
ontinue to monitor Peltier Lake.
ointinne.to contribute to each. City News:Lv
...Continue to work with our Elemen
t
• • t.
•
Discussion Item 6F — 2005 Meeting Dates
The following are the proposed 2005 Environmental Board Meeting Dates:
January 26
February 23
March 30
April 27
May 25
June 29
July 27
August 31
September 28
October 26
November 30
December 28
Please make a motion to approve the 2005 meeting dates with or without
changes.