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HomeMy WebLinkAbout03-13-1974 Planning Commission MeetingCITY OF ORONO Special ('Meeting of the Planning Commission, March 13, 1974. 7:45 P.M. Members present: Chairman Brad VanNest; Fred Curtis, Charles Kallestad, Val Elliott, John Guthrie, Ronald Kullberg, Paul Pesek. Members absent: Marge Gasch. � Chairman VanNest opened the Public Hearing at 7:45 P.M. for consideration of zoning amendments involving changes in dis- trict boundaries and district classifications within the City. The Zoning Administrator presented the Notice of Public Hear- ing, the Affidavit of Publication, and the Certificate of Mailing to affected property owners. Chairman VanNest introduced Mayor Robert Searles. Mayor Searles welcomed the people present and explained what would be taking place at the meeting and thanked the citizens for their participation and input in the rezoning. Chairman VanNest explained the maps; the zoning districts; the permitted,.conditional, and accessory uses, and other requirements in the various zoning districts. The following persons appeared and were given an opportunity to be heard: COMMENT: NAME: Regarding the 5 -acre zone: Are there prohibitions against Bill McKnight feeder lot? We.should consider taking them out of our codes. Chairman VanNest The Watershed District & P.C.A. have made many studies on Mayor Searles this matter. Environmental pollution does come from stock farms. We must have increasing control in'the future. There are specific requirements in the code right now for Chairman VanNest livestock farms. A person must have 10 acres or more and re- ceive a conditional use permit from the City. Do you have restrictions of the number of animals, etc.? Bill McKnight Nobody can take an existing stock farm and increase the stock Mayor Searles or expand the operation. There are limitations on pasturing and keeping of horses. Vie felt it necessary to provide for hobby farms. It is a leg- Chairman VanNest itimate use of the land. The area designated on maps as 5 acres is principally being used as hobby farms today. People should be able to buy 2 acres without sewer for the same money they would spend on one acre with sewer. What about people in the 5 acre zone that have lots with less than 5 acres? The code provides for non - conforming use. If the property was platted prior to code, the City will continue to allow the sites for building lots. I have 20 acres, 70 acres, 10 acres, 3 acres, 5 acres, and two residents on 15 acres. The new zoning fits the area nicely. A number of other residents to the West are on larger tracts. We are in favor of the 5 acre zone. Why are you showing Highway 12 where you are? The Planning Commission was trying to avoid dividing the City by a freeway. A study map from the Highway Department was shown indicating 4 alternatives that they have considered in the past. Why have you showni2 acre lots on land close to the industrial area? Why is it not used for more dense development? The Planning Commission was not able to iron out and nail down all the problems. The map shows a plan study area around the industrial areas. Plans for Highway 12 are 20 to 25 years away and is beyond our control. This is a prerequisite for determining proper land uses. We also cannot have more dense land use unless the property is severed. We can't avoid facts like pipe and road capacity before making a decision regarding the compre- hensive plan. In 1975, the Metro interceptor should be con- nected. It will pick up Long Lake and Orono. Extended sewer lines will allow a more dense land use. I have 20 acres that connects to Old Crystal Bay Road. Why are you making it a 5 acre zone when it could be put into I acre lots now? Why are you talking about 5 acre zoning with Highway 12 coming through? Bill McKnight Chairman VanNest Loren Butterfield Mary Carol Chairman VanNest Mayor Searles Mylow Schmit Chairman VanNest Mayor Searles Mary Carol Highway 12 is at least 20 years away. If we leave I acre zon- Chairman VanNest ing and development takes place, the density will force sewer and an endless chain of urban related expenses. We have the best drainage in the area. Mary Carol There is no sewer available there. Chairman VanNest Sewer will be available to connect to some day. Mary Carol This is a decision we'll have to make. It would cost 5 I./2 Chairman VanNest to 6 million dollars for trunk line to service that area. The public hearings indicated almost unanimous disapproval of the sewer project. r' n,r.. iihy is my property zoned for 5 acre lots while 2 acre zoning Mary Carol is considered across the street? Do you want it brought back to 2 acres? Chairman VanNest A Public Hearing is not to present concrete facts and decis- Mayor Searles ions. What you do and say has an influence on what happens. r ;!ould you suggest the entire piece be zoned for 2 acres? Chairman VanNest To Stubbs Gay Road. Mary Carol' Did you use the Soil Conservation Service information to de- Evert Ties termine what soils would support on -site systems? Intentions are: Alot of areas in Orono cannot have the sewer Chairman VanNest system. Everyone is telling us the same thing. Homes on 1/2 acre lots are _too small for septic systems and private wells. We should draft a stiff ordinance to specify what type of septic system should be constructed, and make the party show two sites for the septic system. We want to fund the staff to inspect annually the septic systems, and if it is not working properly, make them fix it, or we'll fix it and assess -'-hem. 'Ne must know that septic system won't work before we spend r.onev to put sewer in. -a,cre zoning seems restrictive and a means for keeping most Evert Ties people out of Orono. it is not our intention at all to keep people out of Orono. Mayor Searles Orono is a good sized area. It's a "cookie- cutter" area. We think diversity is good. Orono is big enough to accommodate all types. Other bodies such as the Metro Council are con - cerned also. It appears looking at the map that 600 of land is 2 or 5 acres. Fred Poisson 1,lith i acre development, 10/ of the land is hardcovered, that should not create a storm water problem. ldhat sort of economic - rcgpact this plan have on the community? 5 -acre zoning was not designed to aleviate the spptic problem, Chairman VanNest but rather to allow a particular type of land use. It seemed necessary to have 2 acres. '-!e rant to protect Lake Minnetonka. Why aren't we going to saver i—,? Why are you allowing development at all if there is not sager available? You kncw Tonkawa Road, North Arm, North Shore Drive, and Hack - berry are areas that are currently being considered for sewer. ,he stream entering Stubbs Bay has to be polluting Lake Minn- etonka. How are we going to handle it? : io, �:re don't know that. We are having it checked out. We vr:3nt to see if it is feasible to sewer this area, and if so, vre yr i I I do it. Fred Poisson Mayor Searles Fred Poisson Mayor Searles The problem is pockets of development. We have got to find alternate ways of solving the problem rather than expand sew- ers. What sort of economic impact will the rezoning have on the homeowner? It is speculative to predict future land values. In some situations, the value could increase, but in most cases, it would undoubtedly diminish. In reading the letter sent out, 1 was under the impression that a Comprehensive Plan of Orono would be discussed. Ap- parently, this meeting is to discuss a modification of the zoning ordinance without a Comprehensive Plan. Why are you coming in with zoning ordinances when you don't have the Comprehensive Plan? You are putting the cart before the horse. It is good to be using the Metropolitan Council:as a guide, but you haven't considered such things as housing. Low or moderate housing has not been considered and many may find themselves not being able to afford to live here. Orono is a leader in fighting to keep Lake Minnetonka clean, and yet we see that I acre lots with sewer on the lake does not necessarily arrest the pollution problem. Funding annual inspectors for septic systems seems to be a poor use of dol- lars that could be put to use elsewhere. Too many issues haven't been solved. Some of the decisions are in the planning study areas. We realize many decisions have to be made. Orono isn't ignoring housing policies. Ode have approached the Metropolitan Council on how a housing policy can be ap- plied to Orono. John Guthrie is putting full effort into studying how policies would apply to Orono. The City has discussed tax credit for refurbishing older structures. We will have a workable plan on housing policies. ';there is the Consultant's report? Do they concur with the Comprehensive Plan? Brauer's plan has been incorporated into the Planning Commis - ions recommendation. I agree that we are putting the cart before the horse. We are exploring sewer proposals before we complete the Compre- hensive Plan. There has been a rush of events and we cannot continue when elements of the Comprehensive Plan are undecided. I was worried about the Comprehensive Plan so I went to the Metropolitan Council and saw the people who would review the Plan. I asked if we should hold this Public Hearing and would they advise us to handle it as the Planning Commission saw fit. Chairman VanNest Fred Poisson Mayor Searles Dick Putnam Chairman VanNest Mayor Searles Todd Fruen Chairman VanNest Mayor Searles I looked at a Comprehensive Plan as being a glossy covered book. Chairman VanNest Being practical, it is a book that's never finished; a never - ending process; implementation of thoughts, etc. -d- You are upgrading some land and downgrading others. How can Bernard Klugman you down -zone? I question you right! We have taken an overall view of the entire City and did Chairman VanNest this as part of an overall plan. What you are talking about is taking use away from the land. Mayor Searles We are not doing it capriciously or arbitrarily. This would be illegal. We are keeping the public issue in mind. As legal Counsel for Mr. Neslund, Cheyenne Land Company, I� Walter Grass would like to submit my objection to the 2 acre zoning to the property involved in their petition and will submit our grounds for objection in a letter. Why are you going all the way to the tracks with the sewer on Don Middleston North Willow Drive? Sewer is being designed as a trunk line to handle that area. Chairman VanNest It is designed in agreement with Long Lake. Are you interes- ted in having the 1/2 zone around Hackberry zoned differently? I am on County Road 6. 1 am uneasy about having the size of Hilda Hollander the lots raised. They are also being revalued now. The property tripled in value last year. How definite are the regulations? Will we be paying for trunk line? With this zoning, the cost of property in Orono will be prohibitive. There is no change proposed for your area. Leaving it zoned Chairman VanNest the current 2nacres is what's proposed. The reason for 2 acres and 5 acres is to prevent the need to assess the trunk to the landowners. We are aleviating the need for people to sell their property to pay off a sewer assessment. 1 feel the lack of a Comprehensive Plan is bad. I would like to stress that the Comprehensive Plan will be completed. Property on 51 adjacent to Maxwell Bay: The property is being changed to 1/2 acre residential. I have owned this property for 22 years. In 1966, Orono attempted a similar rezoning as is being proposed now. 1 went to court. The battle and ex- pense were great. The court said the City action was arbit- rary, and it was zoned back-to what it was. Orono will be tak- en to court again for arbitrary action and the decision of the court would be the same. There is an excessive amount of B -2 in the Maxwell area. The LMCD has done research in the area and statistics have been compiled. Statistics have proven that Maxwell Bay is one of the worst bays for boat storage. In line with overall philos- ophy for protecting Lake Minnetonka, I do not feel we are being capricious or arbitrary by attacking the problems as we are. Bill Martin Chairman VanNest Larry Hork Chairman VanNest I hope you are sincere. You have cut docks from 300' to 2001. Larry Hork It is all taken in to restrict the use of the lake. Why should this one marina be penalized? Why was the same marina singled out? It's an exact replica of 8 years ago. -5- I began work on this proposed zoning before I ever knew about the 1966 incident. I want it on record that pumative damages will be sought against each member of the Planning Commission and Council -and anyone else involved in formulating the new zoning ord- inance. People of B -2 area have a let+er of protest to the City. It is signed by all the people in the area. I invested money in it for one purpose: Because it is zoned Lake Commercial. I paid a considerable amount of money for the property. Under the present proposed zoning, you will allow only 4 units to be built on the property. Three to four per acre. A total of 6 for the total piece. I couldn't build and sell residential units sitting next to two marinas. Property here will lay and deteriorate to nothing. Where did you get the information on Maxwell Bay? Chairman VanNest Larry Hork Stan Straley Chairman VanNest Stan Straley -from the LMCD, substantial surveys from Hennepin .,.,. I talked with Hennepin County and they said Maxwell Bay is Stan'Straley one of three least used bays on the Lake. This is an effort to get away from commercial zoning by devious means. Your arguments are being shot full of holes. I will back Hork to the full extent. I am speaking for the Lake Minnetonka Improvement Association. I George Johnson am in support of the total zoning change proposal. The group supports the zoning proposal and opposes the restaur- ant on Maxwell Bay. Casco Point - As a mother and a resident, I looked at the property involved. I would not consider living there, Mrs. Charles Davis and it should remain commercial. This area is not a nice neighborhood, and it is too late for this type of Don Stoffer proposal. The traffic on the/ Bay is high. The Planning ommission's g Herman Renner proposal is great, You are not solving the problem by rezoning it to residential. because the Marina will Dick Karl still exist. Is it possible to allow a restaurant and not rezone the land? The fear is that the Marinas will expand into the area that is presently occupied by the homes. Brad VanNest If the property is rezoned, the value will be less than the original cost to Mr. Straley. If Mr. Gratwall we weigh.the public interest against the cost-to Mr. Straley, it seems like the rezoning is not justified. The property along Navarre Lane is shown as residential prop- erty. Why? I am in Mr. Block objection to this proposal. This used to be the access to Jackson Corners. Since it no Chairman VanNest longer serves this function, and there is an excessive amount of commercial property in Navarre area, it was decided that this property should be rezoned to a residential land use. If our property was rezoned, it would result in a loss of approximately 60% to 70% of the land value. We could con- struct twelve 1/2 acre lots; 6 of which would be along the railroad tracks. The B -4 zone on the south side of Co. Rd. 15 should extend all the way to Carman Avenue. Will the property east of the school complex be part of the study area? Also, the property along Highway 12 should be mapped as a sewered area. Although this is not indicated on the map, this will be a study area. Will the Council compensate those whose land will be back= zoned? Tonka Corporation Ed Laymen Bill Gonyea Chairman VanNest Gary Nelson Will the taxes change since some property is no longer in a Mr. Evhurst commercial zone? Also, I would like to question the need for all the property that is shown zoned for office space. It also seems unfair that all people should have to adhere to the 75' setback requirement from the lake. B -4 (Office district) is a common land use. We have determ- Chairman VanNest ined that the present commercial land in Navarre was exces- sive, and, therefore, a B -4 classification is not unreason- able. Also, variances will be granted to the 75' lakeshore setback requirement. I would like to go on record as being in favor of the proposed John Erdahl zoning change for the theater property in Navarre. The Navarre Community and Commerce Association did support the Cliff Bjork contention that there was excessive commercial property in the Navarre area. The report, however, contended that land should be reclassified tota land use of equal economic value. Have we investigated the possibility of bringing in more indus- David Bye trial uses? More industry would increase the tax base. The Planning Commission has considered including more Indust- Chairman VanNest trial property in the Comprehensive Plan. Expansion of indus- try to the west, however, might not be compatible with the school to the north. We need more industry in Orono because industry provides jobs. Mr. White Industry brings in more people who need more schools, roads, Bill McKnight and parks. Many people are going elsewhere to work when they could be Tonka Corporation provided with employment right here in the community. -7- I would Iike to go on record as being opposed to the B -4 George Piper zone on the north side of Highway 15. t"; i I I there be another pub I i c hearing? Si-.L t�1cKnight Only if channos are made which are more restrictive than pre- Chairman sented tonight. Perhaps property owners should be compensat- ed for property losses that result from the rezoning. upCt�f't tF. i de;a ^r compen sa' i ng some of the property own- ers. If this is not done, we will undoub'kadly create areas of residential blight. Is there a precedent for compensating owners in situations such as this? After all people had been afforded an opportunity to be heard, Chairman VanNest closed the Public Hearing at 11:30 P.M. Posek moved, Kullberg seconded that th.1 meeting be adjourned at 11:32 P,h. Ayes (5), Mays (0). M N Ronald Kullberg Paul Pesek