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HomeMy WebLinkAbout1997.10.22 PC MinutesMINUTES OF THE HUGO PLANNING COMMISSION MEETING 10-22-97 The regular meeting was called to order by Chairman Peltier at 7:03 p.m. PRESENT: Peltier, Schumann, Waller, Harrison, Ed Elliott, Joanne Hensley ABSENT: Rubenzer, Kellison, Malaski Motion made by Dave Schumann, seconded by Alice Waller, to approve minutes of September 24, 1997 meeting as written. All aye. Motion passed. VACINEK REQUEST FOR SPECIAL USE PERMIT Kevin Vacinek, Concrete Yard Ornaments, Inc., 5855 - 165th Street North, was requesting to amend his Special Use Permit. He explained that he is proposing to add a 20 foot by 50 foot addition to the existing building to be used for storing concrete products in an environment away from the elements. The proposed location for the pole barn building will be on the south side of the present building. Mr. Schumann noted that Mr. Vacinek's application to the Rice Creek Watershed District was on the agenda for their meeting tonight. Mr. Vacinek added that staff there is recommending approval. Chairman Peltier called for public comment. There was none. The public hearing was closed. Dave Schumann moved approval of the application for a Special Use Permit request from Kevin Vacinek of Concrete Yard Ornaments. Chairman Peltier offered a second. There was no further discussion. All aye. Motion carried. MIRON REQUEST FOR SPECIAL USE PERMIT The public hearing on the Miron request was opened at 7:12 p.m. George Miron, 8825 - 170th Street North, told those present that they have enclosed an area under their four -season porch for a 14 foot by 15 foot part-time beauty shop business to be operated by his wife. Chairman Peltier established that their home is located in the Agriculture district, and called for comment. Gary LaCasse, 16953 North Forest Blvd., said he would like to know what the City Administrator thinks about two principal uses. Ed Elliott explained that the present zoning ordinance makes no provision for home occupations, other than through the special use permit process. This results in a tremendous number of SUP requests. As the community gets bigger, this becomes unacceptable. Paragraph 4 of the background memo outlines recommendations for home occupations in the draft zoning ordinance. PC Meeting, 10-22-97 - page 2 Both Mr. Schumann and Ms. Peltier thought they had dealt with this issue before with the present zoning ordinance in place. Mr. Elliott explained that in recent instances, the City Attorney has determined that a business use and a residential use results in two principal uses of the property, which is a violation of the ordinance. The City Council has then ruled that way. Wally Stoltzman, 8139 North 157th Street, questioned this interpretation of two principal uses. If that were the case, all farms would be in violation of the ordinance. The first principal use would be agriculture and the second residential. Chairman Peltier did not want to vote for denial. She felt nothing in the ordinance says this SUP cannot be granted. Ms. Waller explained that Mr. Elliott is telling us that at the present time the ordinance is being interpreted too literally. The public hearing closed at 7:46 p.m. Mr. Schumann summed the situation up as follows: 1) There is a conflict in the ordinance. 2) We should always be willing to work with the applicant. 3) He considers this a secondary use not a principal use. He then made a motion to approve the Miron's request; because it does not violate any of the 8 criteria under item B in the background memo ---and although it conflicts with the home occupation section of the ordinance, it still can be a special use in the Agriculture district. Ms. Peltier seconded his motion. All aye. Motion carried. PARKS, RECREATION & OPEN SPACE PLAN FOR CITY Dave Wanberg; of Sanders, Wacker, Bergly; presented the proposed Park Plan to those in attendance. He told of hours of work on the part of the Park Plan Committee members, most of whom were residents. They, in turn, sought and obtained additional resident input. They had four main goals and objectives. 1) A trail system; 2) A community park with athletic facilities; 3) Natural area preservation; and 4) Neighborhood parks in residential areas. He showed maps, and explained that the plan doesn't recommend the taking of any land from residents. The Legislature had made grant money available ($500,000) to protect these areas in Washington County. Dave Schumann asked if someone actually drove the roads to determine that the areas designated for bikeways, walkways, etc. won't need extensive improvements that might be too costly. Dave Wanberg said that had been done, and that some of these might be tough, but costs will be contained by doing the trails when the roadways are done. At 8:10 p.m., the hearing was opened to the public. The first question came from a woman who didn't identify herself. She asked what plans there were for a trail around Egg Lake. She didn't want any snowmobile trail. PC Meeting, 10-22-97 - page 3 Mr. Wanberg answered that a bike/pedestrian path is planned going down 147th Street. No new snowmobile trails. The existing snowmobile trail starts at Carpenters' and crosses the lake. Jim Yarosh; an attorney with Siegel, Brill, Greupner, Duffy & Foster, P.A.; spoke on behalf of his clients, Steve and Chris Sadowski, 15960 Jeffrey Avenue North. He asked if this is merely a general guideline plan. Mr. Wanberg answered that it is anticipated it will be adopted with the Comprehensive Plan. Mr. Yarosh asked if there are any priorities as to when parts will be implemented? Reference is made to voluntary cooperation. No eminent domain or condemnation is planned? What is the purpose of the 200 -foot buffer? Mr. Wanberg said if an inappropriate land use was to occur, we would like to be in a position to suggest other options. He said the 200 -foot buffer zone is a DNR classification. Mr. Yarosh said the neighbors are concerned about how this will be interpreted in, perhaps, ten years, by some future council. Wally Stoltzman asked if we are only going to be environmentally sensitive in the yellow and green areas? He felt the City must be conscious of vegetation and environment in all 36 miles. This is too limiting. We should be addressing these issues in our ordinances. Mr. Wanberg said the Park Plan emphasizes working in a voluntary way and in an educational way in an effort to preserve natural areas. The Park Plan is meant to be a guide to the City. Chairman Peltier asked how binding the Park Plan would be on the City. Mr. Elliott answered that a plan is just a plan. It can be changed. It is meant to go along with our ordinances. Ms. Peltier said that she would then like to see the word "guideline" in the title. Jim DeMars, 9384 North 170th Street, said he opposes "cluster homes" around natural areas. This term is being used as a subterfuge for putting a large number of homes on less than ten -acre lots. Dave Schumann explained that some of these issues are governed by other agencies, and that in a cluster, you could only have five homes on 40 acres. Alice Waller answered a repeated question about plans for taking property from unwilling property owners by saying that is not the intent of the Park Plan, but no City is going to give up its right to do eminent domain. Steve Sadowski wanted something in writing that stated that the property in the green area will be treated no differently than any other property in the City. Another resident who didn't identify herself asked why we need seven areas for neighborhood parks. PC Meeting, 10-22-97 - page 4 Dave Wanberg said this type of park comes as part of a development. Land is dedicated by the developer for this purpose. One resident commented that the present parks aren't being used, because they are so inadequate. The public hearing was closed at 9:30 p.m. Ms. Peltier said she was not comfortable voting on approval of the Park Plan tonight. Mr. Schumann said the concept of the plan is consistent with what we've heard everyone say in surveys, hearings, etc. they have wanted to see happen. We welcome the constructive recommendations, and will table the Park Plan approval until the next meeting. Ms. Peltier seconded that motion. All aye. Motion carried. CONCEPT PLAN - CEDAR WOOD HOMES Warren Olson was bringing back a concept plan from the last Planning Commission meeting. He originally had planned 20 lots on 105 acres, and that plan was not acceptable. He now has an option to buy more property ---some platted lots along Goodview that have been for sale. Ed Elliott explained that Mr. Olson could only have 13 lots on the original 106 acres, under a clustering plan. Mr. Olson said most of the units in the concept plan would be rear walk -out lots. Also, a narrow path has been added to allow for emergency vehicle access, if necessary. This should take away the original concern over a too -long cul-de-sac. Mr. Schumann said in order to be effective that path would have to be plowed simultaneously with the County's plowing of the roads in that area. Mr. Olson thought that could be worked out. Ms. Peltier had serious concerns about where the water would go. Mr. Elliott said that drainage and engineering would be required as part of the preliminary plat procedure. He then asked if in a general sense, the commission felt this appeared to be an approveable plan. Mr. Schumann answered that he felt the density issue has been satisfied. He wanted Mr. Olson to pay particular attention to the exit and any water problems before coming back. The last item on the agenda was the rescheduling of the next two meetings, due to conflicts with the upcoming holidays. Chairman Peltier made a motion to schedule the November meeting for November 19, 1997 and the December meeting for December 17, 1997. Mr. Schumann seconded her motion. All aye. Motion passed. PC Meeting, 10-22-97 - page 5 Mr. Elliott interrupted a motion to adjourn for a moment to bring attention to the fact that this would be Alice Waller's last meeting. After listening to her careful, measured responses to the difficult questions surrounding the Park Plan this evening; he was reminded of how much she is going to be missed. Ms. Waller made a motion to adjourn. Ms. Harrison seconded her motion. All aye. Motion carried. Joanne Hensley Planning Commission Se etary