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HomeMy WebLinkAbout1976.02.25 PC MinutesMINUTES OF THE PROCEEDINGS OF THE HUGO PLANNING COMMISSION FEBRUARY 25, 1976 Eugene Peltier -Public Hearing The public hearing regarding the request of Eugene Peltier, for a special use permit to operate an on -sale liquor establishment at 17205 Forest Boulevard North was opened at 7:32PM by Chairman Spitzer. The Public Hearing notice was read. Attending were: Spitzer, Johnson, Peltier, and Rosenquist. Irene Leroux represented the City Council. Also attending were Charles Johnson, City Attorney, Howard Kuusisto, City Engineer, and Bill Schwab, Washington County Planning Department. Eugene Peltier described the nature of the permit and showed the architectural sketch of the proposed operation. He explained there is an existing restaurant -are in the process of remodeling both inside and outside -plan mainly a cocktail lounge operation - no dancing - no live music, except perhaps live organ music. They intend to be open seven days a week, opening at 11: OOAM. Peltier says they have ample parking and good access to the property and have had no problem with drainage waters. The gas pumps have been removed from the premises and the small building associated with the gas busi- ness will be removed as soon as weather permits. If additional park- ing would be necessary, the blacktop could be extended to the highway he said. A security type fence may be used in the interior of the property and Mr. Peltier was told to familiarize himself with the fence ordinance. Charlie Johnson informed Mr. Peltier that he would have to file proof of ownership with the city. Kuusisto explained that even if there is an existing restaurant operation there now, the septic tank and drain fields should be ex- amined. Schwab presented written report - stPted no criteria has been set by City Council in regard to requirements for on sale liquor establish- ment. Planning Commission must determine if this is suitable location for an on -sale establishment. Feels site is suitable and after remodel- ing, structure will be pleasant looking. Concerned about two existing driveways onto Hwy 61 but if covered by existing permits with the Highway Department, would probably be too costly to require a redesign to only one entrance. Appears that existing sewer disposal system is ade- quate for existing and proposed uses, from material submitted from Peltier. Mr. Peltier states there is no drainage problem and since no additional blacktop or surface area is needed, there will be no in- tensification or diverting of existing drainage patterns. City En- gineer should verify existing conditions. When determining suitability at this location, Planning Commission members should keep in mind: 1) Proximity to churches or schools. Minimum standard usually 1,000 feet. 2) Proximity to other establishments with on -sale liquor licenses. Preferred minimum - not within walking distance 3) Will issuance of special use permit improve quality of life- style offered within the community. -2 - Spitzer: Has anyone reviewed Peltier's sewer system? Schwab: Our office has analyzed the system and it appears to be adequate. Srtizer: Do you have permits for the two driveways? Peltier: Yes Spitzer: Did you take out a building permit for the remodeling? Peltier: No, I didn't think it was necessary. Spitzer: You should contact the building inspector immediately. The need for one is based on value, not cost. Peltier: I'll do that right away. T. Peltier: Why did you move out of Forest Lake, E. Peltier: Facilities too small-business was growing and most of the business coming from the Hugo area. After remodeling the rent was raised almost $200 per month. There was no seating capacity there at all. H. Johnson: Regarding sewer - was this system installed when the build- ing was built? E. Peltier: No, it was constructed about eight years ago. Spitzer: Were you in the food business all of those eight years. E. Peltier: No, for seven of those years we were not in the food business. H. Johnson: If Rockville U.S.A. applies for a license, will they be able to get it? C. Johnson: Yes, they would have to re -apply. Peloquin: Is a special use permit permanent? Spitzer: Yes, but it can be set up to be renewed annually; it can be revoked for cause. C.Johnson: It could be issued based on the existence of a valid lic- ense; if license not valid: it can be recalled or terminated. There were no further comments and the hepring closed at 8:04PM. Shepherd of Fields public Hearing Called to order at 8:07PM by Chairman Spitzer. Attending were: Spitzer, Johnson, Peltier, and Rosenquist. Ehret arrived at 8:32PM. Irene Leroux represented the City Council. Also attending were Char- les Johnson, City Attorney, Howard Kuusisto, City Engineer and Bill Schwab, Washington County Planning Department. It was announced by Spitzer that since the notice of public hear- ing had not appeared in the Forest Lake Times, no public hearing could be held tonight, but all comments made tonight will be made part of the record of the official hearing when it is held. Lester Winter, appearing on the behalf of the church, described theft request to build a place of worship east of the public school, bordered by 148th Street on the South, Vern Peloquin's bean field to the east and the trailer park on the north. The land in question is presently owned by Vern Peloquin and consists of approximately 6.8 acres. He explained they have just selected -,n architect and at this time do not have a sketch showing the proposed structure or structures. They propose to build a parking lot sufficiently large to accomodate 100 - 125 cars; to the east of the property. They will plant a row of trees, jointly with Vern Peloquin, for screening purposes. He explained the sanitary sewer runs along the south border of the property. Water, electric and gas will have to be extended. They have discussed the -3 - possibility of using a portion of the building as a day care center, although no definite plans have been made at this time. .Vern Peloquin presented proof of ownership, and a description of the property and location of sewer, also a signed and notarized document showing the easement from Mr. Oman of Twin Pines Trailer Park to the church, and also from Peloquin to Oman for storm water emptying onto Peloquin's property. Charlie Johnson passed out copies of his written report and made comments regarding necessity of subdivision. The property consists of 6.8 acres and if there is public access and there are no new roads constructed, it would not need subdivision, he said. Although the Engineers report will show recommendation for street construction, he said. If those requirements have to be met, it would necessitate subdivision; although it could simply become a outlot. Howard Kuusisto presented a written report; he expressed concern for the jog in 148th Street southwest of the church property, indicat- ing the need for a decision as to who would pay for upgrading of that section of road„ and would it dead-end or should it be extended. Spitzer: Regarding the jog on 148th Street east of Freeland - if a residence was built north of 148th and ?5 feet east of Freeland, whose responsibility would it be to complete that street? Kuusisto: I imagine it would have to be done by petition. C.Johnson: If the city owns the street, the city does not automat- ically have to build the street. There is no obligation. Spitzer: What if the property owner petitions to have the street ex- tended? Kuusisto: If the property owner to the south were to divide the lot Into two parcels, the city still doesn't have to build it, but the property saner could petition and it could be assessed against the property owners. Spitzer: Would there be any adverse effects in dead -ending the road rather than looping? Kuusisto: I highly recommend closing the loop. I recommend construct- ion of a street through the church property easterly to the north - south easement adjacent to sewage pumping station and thence southerly to Oneks Lake Boulevard. I am also recommending a sixty foot easement for the road. Sanitary sewer is no problem. Loca- tion of the building will determine the location for it. Regard- ing drainage, would recommend that grading be done in such a manner that any potding area to the north would not dr in back to the church. Rice Creek Watershed has made a report on this matter, he said. Fglt the possibility of raising the church and parking lot to an elevation where ponding would be no problem, should be explored. Schwab presented a written report. He explained that his main concerns were for: 1) traffic generation 2) drainage problems 3) neighborhood compatability-would proposed land use have any adverse effect on adjoining property. He said parking areas should be vcreened. He feels that 148th Street should be continued so that a loop street would be created; this road would serve as principle access to the church. If existing 8 inch storm sewer on north end of property, is sufficient to handle run-off from this site and other areas it is in- tended to serve, there should be no storm drainage problem. This should be analyzed by City Engineer. -4 - Regarding location, can find no problem from a neighborhood compatibility standpoint. Property is adjacent to existing school on the west and a mobile home park on north. The land to the east in undeveloped, zoned residential and with minimal screening, there should be no adverse effects on that property. Detailed dimension site plan should be available for the public hearing. Schwab recommends special use permit subject to following con- ditions: 1) Parcel be subdivided and adequate road right of way for 148th Street North be dedicated 2) An agreement be reached with City Council regarding cons- truction of 148th Street to minimum standards set by City Engineer 3) City Engineer determine that site has adequate storm drain- age and any recommendations regarding storm drainage shall be incorporated as part of special use permit. 4) City Engineer should determine site can be adequately served with municipal sewer and water. Recommendations be incor- porated as part of special use permit. 5) Prior to issuance of building permits, a detailed site plan along with proposed floor plan and proposed elevations of church shall be sunmitted to Planning Commission and City Council for review and approval. Any conditions that may be imposed as part of the review of the detailed site plan shall be made a condition of this special use permit. Regarding subdivision, Schwab feels it can be handled either as a minor subdivision or a very simple plat. Feels a minor subdivision would be more appropriate from the community's standpoint. Property owner would be required to submit a survey done by a registered land surveyor, showing parcel sold to church and setting forth the parcel to be dedicated as the roadway. If accepted, the owner would provide the city with deed for street right-of-way and post a bond guaranteeing construction of road to Engineer's minimum standards. • No parkland dedication would be necessary in this case, since no additional demands would be placed on the City's Park and Recreation Program. Landowner should also provide some basic idea as to how the property east of the church will be developed so that the city Engineer can look at traffic patterns and will have some idea of lot locations when reviewing de- tailed site plan for church. Spitzer: Are there any particular problems which we should be familiar with before dealing with the church? Lease: The city doesn't have the funds to construct 148th Street. We have asked the Engineer to give some cost estimates. Spitzer: That small section of the street 115.52 or 140 feet - is that what we are concerned about? Lease: yes Schwab: 148th Street should extend all across the church property and loop back to Oneks Lake Road. (Discussion opened to Audience) Mrs. Sterling Ashby: There are four property owners directly south of the 115 or 140 foot section of roadway under discussion. What type of easements will these four property owners be looking at? What does the church want to do? Am I correct to assume that the church would have to pay assessments for road, etc? Spitzer: According to the map, the natural extension of 148th Street would be fully the responsibility of the church and no land would be taken from any of the four other property owners. Mrs. Ashby: I have no objection if we do not lose Any property; I can't afford to pay for another street and we are concernedabout the 50 drainage. Peloquin: We do not expect any help from the adjoining property own- ers whatsoever and we do not intend to create a water problem. Spitzer: It would be extremely unusual to take any property from any- one except the developer. There is no drainage plan at this time but there will h3 ve to be one before final OK is given the project. Mr. Ronald Sparrow, 5946 147th Street: Will the cost of sewer and water be borne by the church: Spitzer: As Peloquin stated, they do not expect any help from anyone else to help pay these costs. Mr. Joe Oman, Twin Pines Trailer Park: I do not object to the church. I feel a church is an asset to a community. T. Peltier: Can a developer legally build a section of street that belongs to the city? C. Johnson: Yes, with permission of the city. Ehret: No questions Rosenquist : No questions H. Johnson: Regarding Rice Creek report - will a depression be re- tained to control run-off? Lester Winter: Yes, it has the potential of taking the school water first and then flaws to the northwest. Kuusisto: We will want grading plans showing that the water runs to the northwest. H. Johnson: Will an eight inch pipe carry both the run-off from the school and church property? During the adverse weather conditions of last summer, haw did that property look? Winter: The south end of the property where the church will be built was always dry. If a two-story structure is built, it would be built at or above the existing grade. The school was raised about four feet. Kuusisto: We are concerned too, about the culvert there that leads to nowhere. Hearing closed at 8:58PM. Spitzer again re -iterated that this was not the official public hearing and property owners are invited to return to the official hearing. Meeting The meeting was called to order by Chairman Spitzer at 9:07PM. Members present were: Spitzer, Ehret, Feltier, Rosenquist and Johnson. Also attending were Irene Leroux of the 91ty Council, and Howard Kuusisto, City Engineer and till Schwab, Washington County Planner. Motion made by Peltier, seconded by Ehret, to approve the minutes of the February 11, 1976 meeting after correcting page 2, statement by Gerald Bramstedt to read it is possible rather than is is possible. Motion carried. Shepherd of Fields Lutheran Church Motion made by Ehret, seconded by Peltier, to schedule a public hearing for 7:30PM, March 24, 1976 regarding a special use permit for a church and parking facilities for the Shepherd of the Fields Lutheran Church, requested by Vern Peloquin, present land owner. Motion carried. Eugene Peltier -On sale liquor license Motion made by Johnson, seconded by Peltier, to recommend to the City Council that a special use permit be granted to Eugene Peltier, 17205 Forest Boulevard North, to operate an on -sale liquor establishment subject to the following conditions: 1) Special use permit will be terminated if the property owner fails to maintain a valid on sale liquor license for a per- iod of twelve consequtive months. 2) That the property owner obtain a building permit 3) That the property owner furnish proof of ownership to the City for Planning Commission and City Council files Voting for: Spitzer, Rosenquist, Ehret, Johnson and Peltier. Motion carried. Joint Meeting -Council -Planning Commission Martin Ziebell-Soil Conservation Servine Martin Ziebell, of the Soil Conservation Service met with Council and Planning Commission members to introduce them to services now available to them through his office. He left a copy of Soil Inter- pretations and the Soil Survey Photomaps for Rice Creek Watershed Dis- trict for use in our community. He explained each community in the Rice Creek Watershed will be furnished one copy of this survey. He also left a copy of the Urban Erosion Control Handbook. He explained that additional copies of the Erosion Control handbook could be ob- tained through his office for $1.50 per copy. 11HYdrology Handbook is also available to engineers also thru his office. He explained that, while in the past, his office dealt primarily with agricultural aspects, in the past eight years have expanded ser- vices to include communities. Previous soil survey maps aimed at ag- ricultural uses of soil and because of the need for more detailed in- formation, the Soil Survey is beinv updated and work in the,northern half of the county is either completed, or scheduled for completion by the end of this field season. Information contained in this survey is invaluable to land use planning; it lists such things as the seas- onal water table, soil textures, amount of slope, eto. He explained the importance of the building inspector being trained to use this information. Spitzer requested an additional copy of the Soils Survey for the City Engineer. Ziebell said if it is possible he will obtain one for him. Spitzer also asked if it would be possible to get a larger map made for Hugo. Ziebell said it might be possible, but at Hugo's expense. Ziebell would like a cooperative agreement that Hugo wants to use the Soil Survey information and the Soil Conservation District is willing to provide it. When an evaluation is wanted on some prop- erty, a written request must be made showing the proposed land use. Although he prefers working with large parcels of land, such as dev- elopments, he will work with requests for smaller parcels. Use of this material should lead to better land use planning, he said. Spitzer said he feels this information should be of much benefit to Hugo. Motion made by Peltier, seconded by Ehret, to adjourn at 10:27PM. Motion carried. _ r MaryJane' Babcock, Secretary Hugo Planning Commission