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HomeMy WebLinkAbout1976.01.14 PC MinutesMINUTES OF THE PROCEEDINGS OF THE HUGO PLANNING COMMISSION JANUARY 14, 1976 Public Hearing The public hearing regarding a request for a mining permit for Richard Schuh and a special use permit for Lavine Duraine for excavat- ing, processing and removal of bituminous material on the Duraine prop- erty at Irish Avenue at 152nd Street was opened at 7:48PM. In attendance were Acting Chairman Rosenquist, Ehret, and Peltier. Peloquin and Washington County Planner Bill Schwab arrived at 7:59PM. Also attending were City Attorney Charlie Johnson and Brian Amundson, representing the City Engineers office. Acting Chairman Rosenquist read the legal notice of the hearing. Richard Hiniker, attorney for Richard Schuh, stated they only Intended to remove the present stockpile already on the property and do not intend to do any additional mining there this year. He stated that since the last meeting, they have furnished to the clerks office, copies of an upto date topographical map. The dotted lines on the map are the existing contours, and the dark lines are what was approved formerly by the Planning Commission. He also stated that Martin Ziebell of the Soil Conservation District has recommended tree plantings when the land is later restored. Hiniker said the land would be returned to agricultural use as a pasture and parts have already been reseeded in oats in the spring of 1975 for pasture use. Schwab stated that if the operation was to be a long term project, they would request trees for screening; Hiniker said he didn't feel that there was enough gravel there for the operation to last 10 years and it would take 10 years for a screen of seedlings to become effective. Hiniker stated that after the stockpiles are removed, the land would have to be restored to the specs of the engineer. Peltier asked how Rehbein fits into the picture and Hiniker said he isn't involved at all. There were no comments from adjoining property owners and the hearing closed at 8:01PM. Meeting The meeting was oalled to order by Actinex Chairman Rosenquist at 8:02PM. Members present were: Ehret, Peloquin, Rosenquist, Johnson and Peltier. Also attending were Bill Schwab, Washington County Planner, Brian Amundson of the City Engineer's office, Chqrlie Johnson, City Att- orney, and Irene Leroux representing the City Countil. Motion made by Rosenquist, seconded by Peloquin, that the minutes be approved after the first paragraph on Page 4 be deleted. Motion car- ried. Richard Schuh.4 Lavine Duraine Schwab stated that the application for the special use permit re- quests excavation, processing and removal of aggregate for gravel base and bituminous mixture. Hiniker said the application was made prior to his becoming involved in the matter and at this point they are only ask- ing for a permit to remove and process and the word excavating could be struck from the application for this year. He further stated that it would be at least a year before they would need a permit for farther ex- cavation. Schwab said he would like to see a statement that the operator -2 - would comply with the recommendations of Mr. Ziebell, or if he didn't agree with Ziebell, it would be appropriate to ask him to rewrite his report with whatever corrections were necessary. Hiniker said he didnot feel there was a need for corrections, the only differences would be on the plantings, and it was his opinion that the request for screening was only if the operation was to last approximately ten years or longer and he didn't feel there was sufficient gravel there to last that long. He stated that the pit opened about six years ago. Schwab wanted to know what assurance we have that the operation will phase out in the next few years. Maybe it isn't tbo great a burden to plant these trees, he said. Mrs. Duraine stated she is well satisfied with how the land has been restored in the area where they have completed work and said the land has been reseeded into pasture. Hiniker said from soil explorations already tAken, there isn't much material left to mine. Amundson said he agreed with Mr. Ziebell's report in regard to screening. He said if the operation was to last for any length of time, the planting of trees would be advantageous. Hiniker agreed that if the operation wqs to become long term, some type of screening should be used. Schwab said the property owners could be given the option of plant- ing seedlings now whereas if they choose to excavate at a later date, they would be required to plant trees six foot tall or larger. Mrs. Duraine said she felt they were being forced to plant trees whether they wanted them or not. Schwab said the removal of the material leaves a scar on the land for the public to see and if they desire to remove the material, they must screen the land. In regard to bonding, Charlie Johnson said the size of bond is ,seared to the amount and length of road exposed to damage. Dust control, haul- ing speeds, hours of operation, etc., are all things that are necessary to keep this operation from becoming a nuisance to the community. One hauler has an agreement with the village to wholly maintain the route he uses. It might be that another hauler might be using the same route and expenses would be shared. Irene Leroux said the hauler has to specify what routes they are using and be very specific about it. Charlie Johnson said it would simplify the matter at this time, if they only request removal of the stockpile that is already there rather than asking for permission to do mining and then get involved with tree plantings, etc. Aosenquist added if later in the year, any additional mining is desired, the applicant can come back and ask for that permiss- ion at that time. Hiniker asked if the applicant could go directly to the council or would he have to make application for a new special use permit through the planning Commission. Peloquin asked if it would be out of place to ask him to remove his request for a mining permit and ask for a hauling permit instead. Charlie Johnson said no, it shouldn't make a difference. According to the Ordinance, stockpiling is mining, and he stated further that processing, under the terms of our ordinance doesn't include bituminous mixtures, only the washing, crushing etc. of the gravel. Hiniker said he would like to see the permit give them the opportunity to have a bitiminous mixture processing plant on the property if necessary. Ehret said he feels they should only be given permission to remove the stockpile as is and if a sale comes to them where bitimin- ous mixing is necessary, they i�-Ill have to come back to the planning commission for permission when they know the specifics. C. Johnson said the PCA must grant a permit for a b it iminous plant. -3 - Motion made by Peloquin, seconded by Ehret to recommend approval to the City Council of a special use permit to Mrs. Lavin Duraine, dated April 1, 1976, for the period of one year, for the removal of aggregate for gravel base and bituminous mixture, subject to the foll- owing c and i t i ons : 1) The operator post a bond to the satisfaction of the attorney and engineer of the City of Hugo 2) Speed limits to be set by the City Council as part of the permit consideration and governed by the HugoPblioe Department. 3) Any additional mining would be dealt with a new mining permit or an amended mining permit with the understanding he appear before the Planning Commission 4) Haul routes would be designated before any hauling takes place S) Refer to the June 26, 1974 minutes of the Planning Commission as a guideline 6) This permit be limited to the removal of existing stockpile. Members for: Johnson, Ehret, Peloquin, Rosenquist and Peltier. Motion carried. Motion made by Peltier, seconded by Johnson to recommend to the City Council that a mining permit be issued to Richard Schuh for removal of aggregate on the Duraine property subject to the conditions of the special use permit. Voting for: Johnson, Ehret, Peloquin, Rosenquist and Peltier. Motion carried. Neil Peltier Mr. Peltier of Recreational Vehicles and Interiors and Supplies, requested site plan approval for a second building he wishes to build on a one acre parcel on 140th Street just west of the RR tracks. He brought in a sketch showing the proposed 24x40 structure with description of the use of the building, proposed parking and traffic flaw. Schwab said he had studied the sketch and could see no problems with recommending granting of approval of the site plan. Motion made by Ehret, seconded by Johnson to recommend to the City Council, that site plan approval be given Mr. Peltier, as presented, under the following conditions: 1) That he file an application for a variance on the parking area for gravel; such variance to be in effect until such time as 140th Street is blacktopped and at that time the parking and access be blacktopped. 2) That the site plan as presented, be approved with the horseshoe access to and from the property and that all accesses to the parking areas be from the existing horseshoe and no additional accesses from 140th Street. 3) That the area between the horseshoe and 140th Street be planted to grass and possibly some shrubs 4) That a drainage proposal be submitted to the City Engineer's -4 - office for their approval and that site plan approval be based on the City Engineer's recommendation for drainage. Voting for: Johnson, Ehret, Peloquin, Peltier, and Rosenquist . Motion carried. A&W Miniature Golf Course Leila Anderson represented the A&W Miniature Golf Course in the eighteen month review of their special use permit, as called for in the issuing of the permit. Her comments regarding each of the thir- teen conditions are as follows: 1) Hours of operation - were no handicap; actually closed earlier than required in some instances. 2) Lighting: Because of unforseen expenses - adverse weather, etc., have decided for the time being to forego lighting at this time, being aware that if not installed by the time of this review, their permission is revolked. 3) Grading and Drainage - Complied with 4) Adequate Sanitary Facilities: One lavatory is already in existence. Plumbing for the other is already done except for setting the toilet and basin and that will be done by Grangers Plumbing in spring. 5 ) Six Foot high redwood fence on the east side of the property has been installed 31 back from the property line and has been kept mowed within the 3 feet. 6) Catch basin in the picnic area was nut in on a temporary basis and when storm sewer goes in, they are aware they have one year to hook up to it. During heavy rains last summer, catch basin was adequate. 7) Honeysuckle shrubs have been planted right up to Coyle's garage on the North property line and they also put them on Granger's side too almost to the picnic table. They also put in seven pine trees and this past fall put in more trees for shading; some in the interior of the property also. 8 ) The drive -way has been blacktopped and additional parking places have also been blacktopped. Walkways are gravel rather than deliniated turf, end sloped.according to requirements. 9) $5,000 bond has been posted. 10) Eighteen month reviewal; aware of permission for lights not already installed at this time, will be revolked. 11) Catch basin has been installed as a temporary means 12 ) Proof of ownership is on file 13) Construction was in accordance with plans and specs on file. -5 - Ms. Anderson said she felt they have lived up to all requirements, except the lighting, which is now revolked. It was explained to her they can come back and ask for a review of the lighting when they feel they want to install it. Schwab felt the $5,000 bond could be released. Motion made by Peloquin, seconded by Peltier, to recommend to the City Council a satisfactory revieQal of their special use permit and that the $5,000 bond be released. Voting for: Johnson, Ehret, Peloquin, Peltier and Rosenquist. Mbtion carried. den Tsohida - Valley View Terrace Wayne Tauer, engineer for Suburban Engineering, representing Valley View Terrace presented a new plat for V„lley View Terrace, second add- ition, showing sixty lots; five of which are one acre single family estates, and 55 which are SFU with a minimum lot size of 10,000 square feet. He explained that public utilities will serve these 55 lots. The new plat shows a reduction of driveways fronting onto Egg Lake Road; he explained that replatting helped to attain this. He explained that Egg Lake Road right of way had previously been 331 on both sides of the road, now has been changed to 501 on the South side of the road. Some lot lines have been realigned so that all oorner lots are at least 1000 wide, and some lots that had 79.2 foot frontage now have the required 80, frontage and are off the variance list, but are still asking for a var- iance to 128.4 instead of 130 feet for lots 1, 2 and 3 on Freeland Av- enue. He said they will provide a temporary oul de sac on the end of Foxhill and Geneva with 200 easements on those lots until the 2nd and 3rd phases of the plan are finished. He was told they probably couldn't sell those lots until these phases were completed. Tauer said they could make a P type cul de sac and thus limit themselves to two lots that could- n't be sold. There were some questions about the 100 year flood elevation. Schwab said that according to the ordinance, they would have to delineate ;the 100 year flood plain; the HUD requirement is 1� feet above the plain, for basement -floor elevations. Tauer further explained that at :this time, they cannot obtain a legal description for the property they plan to develop at first, so are requesting rezoning of the entire 91 acre parol, . from SFE to SFU. There are five lots that are in the parcel that will be sold as SFE, but that is an acceptable use in SFU zoning, he explained. He explained they would ultimately need rezoning for the entire parcel, anyway. Tauer explained that originally they had requested the outlots be dedicated as parks and become at least part of a park system, so they are now proposing a 31 to 4 acre park in a central location on high ground, along with smaller linear parks which would connect to the cen- tral park. A total of about 14 acres for the entire parcel would be dedicated for park purposes, which would be dedicated with the plat. He said they planned to grade a ball diamond and a tot lot, if desired, and furnishing it Aith some equipment, and seeding it and plant- ing It. As the other areas were developed, additional equipment would be provided. Although the park land would be dedicated to the city, there would be a storm water easement clause stipulated so that people would realize that they were part of a drainage program that they would have to help maintain. Charlie Johnson said the park land problem will need more study. Schwab said that if the City Engineer determines that the sewer size is adequate, they could consider rezoning the entire plat. Tsohida -6 - said that the increased park dedication would be for the entire piece ob property. Amundson would like to see the 15" sewer dxtended down County 8A. Tsehida said there are property owners on the other side of the road that it would become a financial burden to if the sewer was extended. Tauer said that most. of the land to the north is zoned Conservancy and extending this line may not be necessary. Tsehida would like to have a meeting between himself and his engineers, and the City engineer's office before the public hearing. Planning Comm- ission directed City Engineer to make a preliminary written report and also requested a statement from the City Attorney before the hearing. Schwab said we would ask for an additional 170 right of way along the two eaoeptions on 8A if the owner agrees to partioipat.e in the plat. Schwab said he would like to see a cross section of the proposed walk- ways and also soil borings and pero tests for lots 1 thru 5. He said he doesn't feel comfortable giving full credit for the linear parks espec- ially since it is serving their drainage problem. He would like some sketches showing park plans. Motion made by Ehret, seconded by Johnson to schedule a public hearing for rezoning of the entire parcel of 91 acres, owned by Grace Development Company from SFE to SFU, and for plat approval of Valley View Terrace, second addition. The hearing will be held at 7:00 PM February 11, 1976 at the Hugo City Hall. Voice vote. Motion carried. Eu ene Peltier A request for especial use permit by Eugene Peltier to operate an on sale linuor-Restaurant at 17205 Forest Boulevard N., was tabled until the next meeting, when the applicant is to furnish a site plan. Motion made by Peloquin, seconded by Johnson to hold a public hearing regarding a special use permit for Eugene Peltier for an on sale liquor - restaurant establishment at 17205 Forest Blvd., No, will be held at 7:30 PM on February 25, 1976 at the Hugo City Hall. Voime vote. Motion carried. Meeting Cancellation Motion -made by Peloquin, seconded by Peltier, to cancel the January 28, 1976 meeting. Voice vote. Motion carried. Motion made by Peltier, seconded by Peloquin, to adjoUrn the meeting at 11:17PM. Marjya Babcock, Secretary Hugo Planning Commission