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HomeMy WebLinkAbout2005.10.27 PC MinutesMINUTES HUGO PLANNING COMMISSION OCTOBER 27, 2005 Call to Order Chairman Schumann called the meeting to order at 7:00 p.m. PRESENT: Hoffbeck, Kleissler, McRoberts, Schumann, Weidt Bailly arrived at 7:04 ABSENT: Rosenquist ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Michele Lindau, Community Development Assistant Andrew Gitzlaff Minutes of October 13, 2005 Weidt made motion, McRoberts seconded, to approve the Planning Commission minutes of October 13, 2005 as submitted. All Ayes. Motion carried. Home Occupations Ordinance Amendment The Commission held a public hearing to consider an update to the Home Occupation Ordinance. The CD Intern explained that amendments to the ordinance were a result of a joint meeting between the Planning Commission and the City Council and work of the Home Occupations Subcommittee which consisted of Planning Commissioners Victoria Hoffbeck and Tom White and City Council member Frank Puleo. The Committee and City staff held a series of meetings over a four month period to discuss and prepare the revised Home Occupation draft ordinance. The Intern provided an outline of the proposed ordinance, explained some of the key changes, and introduced Interim Use Permits which would allow a limited amount of accessory and exterior storage and more intense types of home occupation businesses. Schumann thanked the Committee for the work they had done. McRoberts had some concerns with inconsistencies in the ordinance regarding exterior storage in the rural and agricultural areas and the condition that the existence of the home occupation not be apparent beyond the boundaries of the site. Even with substantial acreage, the business could still be visible if not adequately screened, including vehicles used in the business and parked in Planning Commission Minutes — October 27, 2005 Page 2 driveways. Hoffbeck said when discussing the ordinance, the committee felt it would be an unnecessary expense to require screening on some of the businesses already existing in the rural and agricultural districts. McRoberts suggested language to strengthen the requirements to prevent vehicles used in a business from being parked in driveways and visible from the road and neighboring properties. Schumann opened the public hearing. Mike Fleischhacker, 16040 Jeffrey Avenue North, said he moved from White Bear Lake to Hugo approximately three years ago. Fleischhacker ran a masonry concrete business from his Hugo home on fifteen acres in the agricultural zoning district where he stores the trucks and bobcats used in his business inside the building on the property. He said Hugo had welcomed him into the City and had been gracious in letting businesses be run from homes in the rural areas. Schumann asked him to comment on exterior storage. Fleischhacker said it needed to be regulated and there should be guidelines for fencing. He said he felt the way it was written was fair and allowed for property to be monitored and changes be made to the exterior storage if needed. Each parcel should be dealt with individually. Schumann asked his opinion on periodic reviews of permits. Fleischhacker said it would allow for correction of problems before they became major problems. There were no other comments and Schumann closed the public hearing. Schumann said he had no problem with recommending approval to the Council with the changes suggested by McRoberts. The CDD added that he had spoken to Rosenquist who could not attend the meeting. Rosenquist had said he was not in favor of allowing exterior storage as part of the home occupations ordinance. Schumann said it was impossible to avoid it in the rural area and screening would be necessary. He agreed with McRoberts that there was a gray area in the draft ordinance. McRoberts said he had no problem with one vehicle being stored outside but anything in excess of that should be stored inside. Schumann suggested screening to be at least the height of the exterior storage. Hoffbeck said the committee was trying to be reasonable when writing the ordinance and avoid Planning Commission Minutes — October 27, 2005 Page 3 an unnecessary burden to the homeowner if it was something that was not going to bother anyone. McRoberts said the committee had done a good job on the ordinance. The intent was to relax the restrictions. His concern was it allowed for vehicles to be regularly parked on the property line in view of others. He suggested changes that would restrict it and allow the building itself to be used as a screen. Bailly said she agreed with the changes proposed by McRoberts. Kleissler had concerns about the hours of operation being from 7 a.m. to l Op.m. Hoffbeck pointed out there were landscape businesses during the summer which needed to operate those hours and on weekends. Kleissler noted that the uses could be very loud, even in the rural areas of the City. The CDD pointed out that the nuisance ordinance would always apply. Also, Interim Use Permits stood the chance of not being renewed if the business did not comply or caused a nuisance. Hoffbeck considered whether residents would apply for the ICTP or just operate without it if the conditions were too restrictive. What could be considered as excessive noise was questioned. Fleischhacker said that most of the truck noise is from vehicles passing through Hugo and not created by home based businesses. Weidt asked if the hours as written would hamper his business at all. Fleischhacker said it would not except in an emergency situation when it would be necessary to start his trucks outside of those hours. Council Member Frank Puleo, 16155 Forest Boulevard North, suggested not specifying hours of operation in the rural area in the ordinance but determine it in the IUP. Hoffbeck made motion, Bailly seconded, to recommend approval of the Home Occupations Ordinance with changes as discussed. Ayes: Bailly, Hoffbeck, Schumann Nay: Kleissler, McRoberts, Weidt Motion Failed. McRoberts made motion, Weidt seconded, to table the item to allow staff to amend the draft ordinance and bring it back to the Planning Commission at their next meeting. All Ayes. Motion carried. Planning Commission Minutes — October 27, 2005 Page 4 Floodplain District Ordinance Amendment The Commission held a public hearing to consider revisions to the City's Floodplain District Ordinance, which was last updated by the City in 1998. The City of Hugo recently was delegated authority from the Rice Creek Watershed District (RCWD) to become the official Local Governmental Unit (LGU) to implement water management regulations within all portions of the City. When the City assumed LGU responsibility, the City agreed to make changes to the City's Floodplain District Ordinance so that it is consistent with the RCWD's floodplain alteration ordinance. The City has temporarily adopted RCWD's Rule E until the City's ordinance can be brought into compliance. In addition, the City's Floodplain District Ordinance is inconsistent with the Minnesota DNR's regulations and needs to be updated. The CD Intern explained that over the past several months, City staff has made draft revisions to the ordinance to incorporate the changes required by the RCWD and the DNR. City staff sent the revised Floodplain Ordinance draft to the RCWD and the DNR for review and comment. There had been no comments. The Intern explained the changes that were made to the compensatory storage requirement and two feet of freeboard requirement. McRoberts ask if there were any comments from Commissioner Rosenquist who was unable to attend the meeting. The CDD said Rosenquist did not comment on the Floodplain Ordinance. Schumann opened the public hearing. There were no comments and Schumann closed the public hearing. Weidt made motion, Kleissler seconded, to recommend approval of the Floodplain Ordinance as written. All Ayes. Motion carried. Miscellaneous McRoberts asked the CDD for clarification on the 60 -day rule and what started the clock. The CDD explained that when an application was complete, the clock started; however, there was a difference to an application being complete and being correct. McRoberts encouraged staff to convey to applicants that application must be complete and correct prior to coming before the Planning Commission. Adiourn McRoberts made motion, Kleissler seconded, to adjourn at 8:52 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission