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HomeMy WebLinkAbout2005.12.08 PC MinutesMINUTES HUGO PLANNING COMMISSION DECEMBER 8, 2005 Call to Order Chairman Schumann called the meeting to order at 7:00 p.m. PRESENT: Hoffbeck, Kleissler, McRoberts, Rosenquist, Schumann, Weidt ABSENT: Bailly ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Michele Lindau, Community Development Assistant Kendra Lindahl, City Planner Minutes of November 10, 2005 Weidt made motion, Rosenquist seconded, to approve the Planning Commission minutes of November 10, 2005 as amended. All Ayes. Motion carried. Rezoning of Property Located at 13891 Forest Boulevard North (Former End Zone) The Commission held a public hearing to consider the application of Terrence Montpetit, 22 Forest Trail, Mahtomedi, for a rezoning and review of a concept plan for property located at 13891 Forest Boulevard North to allow for the development of a bar and restaurant. The property was zoned Residential Service and the applicant requested it to be rezoned to Central Business where a bar/restaurant would be permitted. The applicant had also submitted separate applications for an On -Sale Liquor License, and for a 2 a.m. closing time, however these applications were incomplete. The CDD explained that the property consisted of a series of vacant buildings that are in a state of disrepair and had been abandoned for at least the last two years. An old broomball court existed on the site and possible wetlands in the northeast corner. Exiting pine trees located along the east property line would help to provide some amount of visual separation from the adjacent residential property to the east. He explained that the previously abandoned uses (motel, bar, restaurant, and residence) are no longer in operation, and are not permitted by the zoning on the property any longer. Since the buildings had been abandoned for more than one year, none of the uses were considered as legal non -conforming. He added that the rezoning application was not tied to the site plan. The applicant just wanted to provide a concept of how he would like to use the property. Planning Commission Minutes — December 8, 2005 Page 2 The CDD evaluated the rezoning request using the criteria in Section 1015-100.1 of the Hugo Zoning Code. He explained that it was staff's opinion that the request was not in compliance with the City's Comprehensive Plan and it would have a negative impact on adjacent property owners. Though the applicant's proposal would improve the appearance of the site, the property could be redeveloped under the existing zoning. A map with the surrounding zoning showed all four corners of the intersection of 140th Street and Highway 61 zoned Residential Service, which allowed for lower impact, lower intensity uses. The proposed site had residential development to the east and south and there had been previous friction between taverns and residents in the past. The CDD indicated that is not the case with all establishments, but ownerships do change and once the zoning is in place, it would be hard to change the zoning back. Terry Montpetit, the applicant, explained that he lived in Mahtomedi and had been in business for 20 plus years. He said the property had a lot of potential and he showed the Commission elevations of the proposed building. Montpetit said he had been working with the Minichs, owner's of the property, for a year on the purchase agreement. He indicated that he would save as many trees as possible. Schumann asked him to justyify the rezoning of the property and Montpetit responded that the downtown area was two blocks to the north and was asking it to be moved further south to accommodate his establishment. The three acres could accommodate parking and buffering. He said he felt the City was ready for a nice restaurant. Schumann said that spot zoning would be an issue and there needed to be a pretty compelling argument for that. Bill Krantz, attorney for Montpetit, said the City had developed a central downtown district and they were simply asking to expand it. Their proposed use would be in conformance with the C-1 Zoning District. Hoffheck asked why they would expand on it when a lot of time went into preparing the plan. Krantz said the property needed to be redeveloped and Hoffbeck said it could be redeveloped under the Residential Service zoning. McRoberts asked if they had spoke to the property owners to the north. To avoid spot zoning, those properties would have to be rezoned as well and he questioned whether those owners approve of it. Krantz responded he had talked to Scott Montgomery, who owned the parcel to north and some properties to the south, and was unsure what his plans for the property were. Planning Commission Minutes — December 8, 2005 Page 3 Schumann said that if they were starting with a clean slate, maybe expanding the district would be considered, but the other properties surrounding the proposed site had already been developed. Krantz pointed out that infrastructure could accommodate the bar/restaurant. Rosenquist said that it could negatively affect the residents in the area and Krantz said he felt there were things that could be done to lessen the impact of residential neighbors. Schumann reconvened the public hearing. Len Minich, current owner of the property, said it had been the same use for 40 years. He was never notified that the zoning of the property changed. He said people were accustomed to a bar/restaurant being there. Because the property had been tied up in court, the previous business was required to shut down; therefore, the non -conformity issue did not apply. Schumann explained that it lost the legal non -conforming use when it was shut down. The matter would need to be brought to staff and the City Attorney. John Marino, 5879 Egg Lake Road, said he had lived in his house for 30 years. He felt Hugo needed a restaurant in town; there were not many places to eat. Hugo was growing and there was a need for it. He said the bar would be somewhat isolated from the residential area. Mark Keller, 5667 138th Street North, commented that the CDD did a very objective job presenting the issue. He said the builders put homes in the area because it was zoned residential. Pine trees as a barrier would not block the noise. He agreed it would be nice to have a restaurant but a bar and the adjacent parking could generate noise and police calls. Rita Lorey, homeowner at 13928 Flay Avenue North and president of their home owners association, said they had discussed it at the board meeting and do have some concerns. She also agreed that the property needed to be developed and the board was waiting to see the plan. Concerns were noise, bar traffic, and patrons wandering on to residential properties. She said she hears the traffic from Nadeaus Market and accepts it. Those in closer proximity to the bar may not like the noise. Jacki Keller, 5667 138th Street North, said she lives two blocks down from the site. Her concerns were property values if the use posed problems. Restaurant and bars should be kept in the right areas. Bars need to be in the appropriate places. There were no other comments and Schumann closed the public hearing. Hoffbeck asked Montpetit what type of establishment it would be. Montpetit answered that it would have a sports bar atmosphere with a restaurant and lounge, T. Ws and a fireplace, somewhat like Champs. Planning Commission Minutes — December 8, 2005 Page 4 Hoffbeck was concerned about a change in ownership and asked if he had previously sold a bar he owned. He answered that he bought his first bar when he was 19 years old and sold it after a few years. He has owned Monty's for 21 years, which is a bar where there is dining and a kitchen that he leases out to Key's. Rosenquist pointed out that it would be spot zoning and with that, there could be building setback issues. Weidt asked the applicant if they had looked into other areas. Montpetit said he knew of no other properties available. The CDD pointed out other properties in the City that were zoned to accommodate a bar/restaurant. Montpetit indicated that he was ready to develop now. This site was available. McRoberts asked if there were tax consequences. The CDD said the tax would be based on the use and there were other uses that would be allowed in the C-1 Zoning District that would generate taxes. McRoberts said it would need to be determined if the legal non -conforming use had ceased to exist. He had concerns regarding the abrupt transition in uses if the property was rezoned. Kleissler said she thought it was a nice design but had a tough time justifying the location. Schumann recalled that there was a lot of time spent on developing the plan for Hugo. They were pretty careful in the final zoning map and comfortable with how it was. He pointed out that if it was determined that the legal non -conforming status remained; it could not be expanded on. McRoberts said he did not object to the quality of the proposed use, strictly the location of it. Montpetit said a bar/restaurant had been located on the site since Treagers. Schumann said the noise was not an issue back then and did not become an issue until the early 1980s when it became more of a sports bar. He agreed with McRoberts that is was not the use, just the location that was an issue. Montpetit said the concerns to the east could be addressed with buffering. Schumann said rezoning could not be based on a proposed use. Rosenquist made motion, Hoffbeck seconded, to recommend denial of the rezoning and directed staff to look into the legality of the time frame for a non -conforming status. All Ayes. Motion carried. Schumann thanked the audience for their input. Planning Commission Minutes — December 8, 2005 Page 5 Concept Plan for Bridges of Washington County — PariPassu Bridges of Washington County was on the agenda for consideration of a concept plan for a development consisting of 860 homes to be located on the east side of Highway 61, mostly south of 165th Street. The CDD explained that a contract had since been signed with a different developer who would be proposing to develop an active retirement community. The Commission could expect to see a different plan in the near future. No discussion was necessary. Multi -Family Design Guidelines The Planner explained the process that led up to the creation of the Multi -Family Guidelines. The Commission had considered it at their last meeting on November 11, 2005, and requested minor revisions. The Commission discussed the requirement limiting the vinyl siding to 75 percent of the exterior. Schumann suggested it be modified to include all lap siding. Schumann said they needed to be care about being so restrictive that it would prevent some creative buildings. Hoffbeck added that they could also be setting requirements that could make the buildings unaffordable. McRoberts made motion, Kleissler seconded, to revise the guidelines to change the vinyl to include all lap siding, and forward the guidelines to the City Council. All Ayes. Motion carried. Adiourn Weidt made motion, Hoffbeck seconded, to adjourn at 8:45 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission