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HomeMy WebLinkAbout07/10/1989 Council Minutes190 COUNCIL WORK SESSION JULY 10, 1989 Acting Mayor Reinert called the Council Work Session to order at 6: P.M., Monday, July 10, 1989. Council Members present: Neal, Bisel d Bohjanen. Mayor Benson was absent. City Administrator, Randy Schumacher; Planner John Miller and Clerk- Treasurer, Marilyn Anderson were also present. Acting Mayor Reinert explained that the purpose of the Work Session was to consider the present status and future considerations for Justen Home Builders concerning their application for the rezoning of Willow Ponds. Mr. Schumacher explained that the City has received a letter from John J. Berglund, attorney for Dennis Erickson, owner of Willow Ponds requesting that the City Council make specific findings of fact as to why the rezone request by Mr. Erickson was denied. Mr. Berglund said that action would allow him to review the reasons for denial and determine whether the reasons are legally supported by the Lino Lakes City Ordinances. Mr. Berglund has explained that Mr. Erickson had suggested an alternative action by the City Council and that is to place the request on the Council Agenda again and give appropriate notice. Mr. Schumacher read several statements taken from the Lino Lakes Comprehensive Land Use Plan indicating that a variety of housing types are desirable and shall be encouraged in the community. In additio the statement noted that the location of such land uses such as residential, commercial and industrial shall be consistent with the availability of public facilities, thoroughfare accessibility and conformance with established land uses. Urban development will be encouraged to locate within areas where public investments (streets, utilities, police and fire protection) have already been provided to meet the needs of the existing development. Acting Mayor Reinert asked Mr. Miller to point out areas already zoned for multiple family housing. Mr. Miller did this by using the map behind the council table. Mr. Schumacher read comments submitted by Mr. Bill Short who is a consulting planner. He agreed with the use of a PUD zoning to control the development within the zone. He also provided favorable comments upon the proposed development. Acting Mayor Reinert indicated that the area proposed to be rezoned was not included in the Comp Plan as multiply family designation. Mr. Miller explained that the language in the Comp Plan strongly indicates that the Planning and Zoning Board and City Council will review all proposals and will consider them on an individual basis. If there is sewer available, if the access is good and if other criteria are present, then the area will be rezoned. Mr. Bohjanen asked Mr. Miller to explain the present situation. Mr Miller said that the rezoning was denied by the Council and a findi of fact was not made. He explained that the number one issue is that the site is right for this type of housing. He has contacted a large 1 1 9 COUNCIL WORK SESSION JULY 10, 1989 twin city housing analysis firm and they have indicated the proposal should be approved, it will not have adverse affects on the surrounding area, the design is good, the buildings show strong architectural detail and will have good curb appeal. They said there is no reason to deny the rezone request and it will be a complete benefit to Lino Lakes. Mr. Neal asked if the City would have to reimburse Mr. Erickson for some or all of his investment in the property? Mr. Miller explained that if Mr. Erickson feels that he has been led down the "primrose path" he then could take the matter to court. Acting Mayor Reinert asked if Mr. Erickson was aware of the zoning at the time he purchased the land? Mr. Miller said yes and the staff recommended that Mr. Erickson pursue the PUD zoning. Acting Mayor Reinert asked why he did not come before the Planning and Zoning Board and the City Council to request a rezone before he invested the money on plans? Mr. Miller explained that when a rezone is requested the City Code requires a concept plan for the area before the request is submitted to the Planning and Zoning Board. The PUD zoning request requires all of the material that has been submitted by Mr. Erickson. He followed the correct procedure. Mr. Schumacher explained that the issue is that we have the request from Mr. Erickson to provide the findings of fact or reconsider the request. Mr. Schumacher recommended that the Council meet in closed session with the City Attorney and decide how the matter should be handled. Acting Mayor Reinert said he felt that when Mr. Erickson came before the Planning and Zoning Board with his subdivision of D. Erickson's 2nd Addition, he led the Board to believe that he would build upscaled housing. This did not happen and he felt that Mr. Erickson had misled the City with this development. Mr. Bisel commented that is why Willow Ponds was requested to be zoned PUD. This allows the City greater input into the development. Acting Mayor Reinert said that the good faith issue goes both ways. Mr. Bisel noted regardless, the City cannot deny the rezone without providing the findings of fact. Acting Mayor Reinert said the findings of fact speak for themselves, the Comp Plan is in place and this area is not designated multiple family in that document. Mr. Bohjanen asked if the staff took into consideration that sewer is available. Mr. Miller said yes and this property is being assessed for the trunk mains. Mr. Stahlberg has estimated that this property will generate approximately $153,000 in connection fees and area charges. This will help take care of the first one half of the assessment. Mr. Miller explained that he has requested some financial data from other staff members. The Building Inspector has estimated that the General Fund will realize about $75,000 in building permit fees. The Assesser has indicated that each dwelling will generate about $1,000 a year in property taxes. Mr. Miller also noted that the Comp Plan indicates that if sewer is available the Council has the option to COUNCIL WORK SESSION JULY 10, 1989 to rezone property and locate townhomes in the former single famil residential areas. Acting Mayor Reinert noted the single family homes in Blaine on the south side of 35 W. These homes average from the high $70,000 categor3 to about $110,000. He asked if Mr. Miller had made a comparison with this particular piece of property if single family homes were constructed. Mr. Miller explained that the lot consists of about 13 1/2 acres. Normally a developer can realize about 2 1/2 homes per acre. However, the shape of the property would only allow about two homes per acre that could be constructed. This means the construction of about twenty six (26) single family homes as opposed to seventy (70) dwelling units in the townhome subdivision. Mr. Neal asked if a senior highrise building could be put on this lot. Mr. Miller said it does not meet the critera because there is no shopping within walking distance and may not meet the transportation critera. There are several other areas that would cause a problem. Mr. Bisel said regardless of the economics involved in this situation, the point is that the project was moved along and Mr. Erickson was asked to do more than any other developer and was led to believe that he was meeting all of the critera. Mr. Miller explained that a larger number of consultants than normal reviewed the plans and all recommended approval. The burden now falls on the Council to deter e what findings of fact substantiate their decision to deny the rezon request. Acting Mayor Reinert asked if the Council should allow th developer to dictate to the Council? He noted that the Planning an Zoning Board is only an advisory board and said if findings of fact are needed, the fact that this use is not allowed in the Comprehensive Land Use Plan should be sufficient. He felt that the staff or the Planning and Zoning Board should have informed the Council that this request was being considered and the land was not properly zoned. Mr. Bisel said nobody on the Council made an effort to stop this project and everyone know that it was in the process. Mr. Bisel said he felt the Council was at fault in this case. Acting Mayor Reinert said he felt this is a different matter because it affects the Comprehensive Land Use Plan. Mr. Schumacher said that the Council has now been updated on this entire matter and suggested that the Council meet in a closed door session with the City Attorney to determine how this matter will be resolved. He asked for further direction from the Council. Mr. Jim Livingston from the audience asked what are six findings of fact. Mr. Bisel said these were spelled out in the Zoning Ordinance. Mr. Livingston asked if the mandate of the people was one such fact. Mr. Miller said no. Mr. Miller was asked who maintains the townhomes. Mr. Miller explained that an association is formed and the association hires a firm to do the maintenance. Mrs. Blaylock told the Council that she wanted them to know that there is ample transportation for senior citizens in this community. Mr. Schumacher was asked to set a special Council meeting to deal with this issue and to be sure it is a date when all five Council Members 193 COUNCIL WORK SESSION can be present. JULY 10, 1989 Mr. Bisel moved to adjourn at 6:58 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. These minutes were considered and approved at a regular Council meeting on Jul 24 1989. Marilyn G. derson, Clerk- Treasurer