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HomeMy WebLinkAbout2003.08.28 PC MinutesMINUTES HUGO PLANNING COMMISSION AUGUST 28, 2003 Call to Order Chairperson Schumann called the meeting to order at 7:00 p.m. PRESENT: Bailly, Kleissler, Malaski, McRoberts, Rosenquist, Schumann ABSENT: Peltier ALSO PRESENT: John Rask, Community Development Director Michele Lindau, Planning Commission Secretary Minutes of July 24, 2003 Bailly made motion, Kleissler seconded, to approve of the minutes of July 10, 2003 as submitted. Ayes: Bailly, Kleissler, McRoberts, Rosenquist, Schumann Abstain: Malaski Motion carried. CUP for Assured Acceptance Corporation for Auto Sales The Planning Commission held a public hearing to consider the request of Assured Acceptance Corporation, 855 Village Center Drive, North Oaks, for approval of a conditional use permit to allow the retail sale of automobiles on property located at 5211 130th Street. The proposed business would consist primarily of office space, with a display area for five vehicles. The C D Director explained that the property is owned by Wilson tool and is developed with an existing building and parking facilities. Wilson Tool purchased this site to allow for future expansion of their facilities and is currently leasing space to other businesses. They eventually plan to redevelop the site. Wilson Tool has landscaped the property and maintains the site. McRoberts said he felt the landscaping plans should be provided to the Planning Commission even though they were proposing no changes. Schumann opened the public hearing. There were no comments and Schumann closed the public hearing. Planning Commission Meeting August 28, 2003 - page 2 Kevin Otto, President of Assured Acceptance Corporation was present to answer questions. The Commission asked if he intended to repair vehicles on the site and Mr. Otto said he did not. McRoberts suggested a condition be added to the Conditional Use Permit prohibiting it. Malaski asked if it was necessary to have an imperious surface for the parking of the vehicles and the CD Director said staff found it was not necessary considering the use. Malaski suggested a condition be added to the Conditional Use Permit to allow it. Rosenquist suggested putting a deadline on the Conditional Use Permit and the CD Director explained that it would become null and void at the time Wilson Tool developed the site. The Commission suggested a condition be added to make the permit null and void should any physical changes be made to the site. Kleissler asked what the hours of operation were and Mr. Otto said they would be open Monday through Saturday. Malaski made motion, Kleissler seconded to recommend approval of the Conditional Use Permit with conditions added prohibiting vehicle repair, allowing an impervious surface for parking, and making the permit null and void should any changes be made to the site. All Ayes. Motion carried. Massie Subdivision The Commission held a public hearing to consider the application of Michael Massie, 3201 Sky Croft Drive, St. Anthony, for a minor subdivision to create two 10 -acre lots on property located north of 125th and approximately one-half mile east of Goodview Avenue. Both lots would receive access from 125th Street. The CD Director provided background on the application. On October 21, 2002, the City Council approved a preliminary plat for Michael Massie to create four residential lots on a 40 acre parcel. Mr. Massie later revised his plans to create three lots. On February 3, 2003, the City Council approved the revised subdivision for three lots; two 10 -acre parcels and one 20 -acre parcel. The applicant is now requesting to subdivide the 20 -acre parcel into two lots. Schumann opened the public hearing. There were no comments and Schumann closed the public hearing. Malaski stressed the requirement to disclose the location of the Bald Eagle Sportsman Club to future property owners. The Commission felt the request was essentially the same as the one they recommended for approval in 2002. Malaski made motion, Schumann seconded, to recommend approval of the minor subdivision with Planning Commission Meeting August 28, 2003 - page 3 the disclosure of the gun club be provided with the sale of the property. All Ayes. Motion carried. Massie asked for the City to provide him with the language to be used in the disclosure statement. Future Central Business Zoning District The Commission held a public meeting to consider the adoption of a new zoning district (Future Central Business District) and the rezoning of certain properties in the downtown from Central Business District to Future Central Business District. The CD Director explained that the primary purpose of the new district and rezoning was to allow single family homes as a permitted use until such time as the landowner makes application for development. It had been brought to the City's attention that some residents were unable to sell their properties because potential buyers were having difficulties obtaining financing on a residential home that is zoned commercial. According to State law, a non -conforming home cannot be replaced if it is destroyed by more than 50 percent of its market value. Other property owners wish to make improvements to their homes but are unable to because of the non -conforming status of their homes. The CD Director explained that the initial public hearing notice for this agenda item included properties located along 145th and 146th Streets west of Highway 61. Staff had expanded this notice to include the parcels along 147th Street and Flay Avenue. However, due to notice requirements, this expanded area could not be considered until the September 11th Planning Commission meeting. Staff recommended that the Planning Commission open the public hearing, accept public comment, and table the matter until the September 11, 2003 meeting. The CD Director provided history of the zoning for the area dating back to circa 1974 and explained that the rezoning must be consistent with the downtown plan and the comprehensive plan. Schumann said he remembered rezoning the Post Office property in 1994 but did not remember rezoning the properties on Flay Avenue to Commercial. Schumann opened the public hearing. Mark O'Conner, 5511 146th Street North, said he bought his home three or four years ago and was unaware that he was zoned commercial. Since he bought the home, he had done extensive repairs. Bernie Brunotte, 14819 Flay Avenue North, said he was never notified that his property was changed to commercial and would like to see it returned to residential. Beth Wilder, 14816 Flay Avenue North, said her home was built in November of 1999. Wilder wondered how she was permitted to build. The CD Director noted that the permit may have been issued prior to adoption of the zoning ordinance in 1999. Doug Drake, 5443 146th Street North, said that he lived on the south side of 146th Street North and Planning Commission Meeting August 28, 2003 - page 4 wondered when the zoning was changed. Drake had many of the same concerns as the property owners along Flay Avenue. Tom Zeller, 5455 145th Street North, said it would be down -zoning if it was changed to Future Central Business because he wouldn't be able to develop without first coming to the City for rezoning. Schumann noted that not every property would comply with the Central Business Zoning because of restrictions such as setbacks. Brenda Hanson, 5485 145th Street North, questioned whether the rezoning of their properties would impede a developer from buying neighboring commercial properties. McRoberts pointed out that they could be surrounded by commercial. Schumann said the permitted business would blend nicely with the residential area. John Mample, 5389 145th Street North, asked how long it would take before the properties were rezoned and the CD Director explained that if the Council considered it and approved it at their September 15 meeting, it would only be a matter of having it published. Schumann recessed the public hearing. Malaski made motion, Kleissler seconded, to table the matter until September 11, 2003. All Ayes. Motion carried. The Commission took a 10 minute recess. Downtown Land Use Plan and Development Standards The CD Director updated the Commission on the workshop held by the City Council to consider the downtown redevelopment standards saying he felt the City was heading in the right direction. The Commission would be notified of future meetings regarding the downtown area. Clandestine Drug Laboratory Ordinance The CD director explained that the draft Clandestine Drug Laboratory Ordinance had been reviewed by the City Attorney. The proposed ordinance would be a City Code change and would not require Planning Commission consideration. The CD Director was asking for their comments before it went before the City Council for their consideration. Malaski made motion, McRoberts seconded, to forward the proposed ordinance to the City Council. All Ayes. Motion carried. Planning Commission Meeting August 28, 2003 - page 5 Miscellaneous McRoberts informed the Commission he would not be attending the September 11, 2003 Commission meeting. Schumann reminded the Commission that the September 25 meeting was cancelled. Adjournment Malaski made motion, McRoberts seconded, to adjourn at 9:50 pin. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission