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Home My WebLink About12-19-1974 Joint Council and PC Work Session Minutes r • .. � - � � CTTY OF ORONO • ?�;ork session meeting of the City Council and members of 2:00 P.M. � Planning Commission on December 19, 1974. • 'T'he City Council met on the above date in the City Hall • pursuant to notice previously given at the Public Nearing on December 18, 1974, with the following members present: � Co}rrmiission1membersnGuthrieeand Van Nest�VelCouncilmembers � 'Tassengale and Butler arrived later. � ��ayor Searles announced that at this work session the Council members and interested Planning Co�nission mem- � bers would discuss the proposed amendment to the Zoning Code and the proposed amendment to the marina lieensing � ordinance. It was noted that the Council members felt � that because of the remarks ma.de by members of the public at the hearing on Deceriber 18, 1974, that it was inctun- � bent upon the Coi.mcil to revie�a those remarks to see if changes to the proposed amendments should be made. It � �aas noted that there would be a continuation of that public hearing later that evening and that thereafter, • the Council would review the remarks made at the con- tinuing public hearing and would thereafter consider the �adoption of the amendments to the Zoning Code and the � marina licensinb ordinance. � There followed a general discussion concerning the iVAVARRE AREA nroposed rezoning of commercial areas in the Navarre area. � It was noted that all the data that had been given to the Planning Commission and Council by various agencies, � staffs and all the data generated by the Planning Commission and Council had supported the proposed re- � zonings as shown in the proposed amendments that had previously been made available to the Planning Corrm►ission, � Council, staff and the public. � It was noted that most of the areas that were being � rezoned from commercial to LP.-1C-1 were not developed as commercial properties presently. There followed a general � discussion concerning the two areas in Navarre which are already developed for commercial uses. Gutlirie noted � that the Planning Com�nission ha.d origina.11y recomnended tnat the present B-1 area which consists of A-1 P,ental � sales be left as B-1. Searles noted that in order to , protect the public safety, health and welfare it was necessary to rezone many of the areas from B-1 to residen- � tial or from B-1 to B-4 in order to eliminate the present traffic congestion and in order to prevent future traffic � hazards. Councilmeribers 1;'elch and h�iassengale felt � • • ♦ ' • Council and Planning Commission Work Session, Dec. 19, 1974 -2 � that the entire area should be zoned to residential except �the south west corner of CR 15 and Blaine Ave. which should e left as B-1 including the Telephone Co. and A-1 Rental as originally proposed by the planning commission. It was � stressed that the entire Navarre area should never have been . developed for any commercial uses because of extreme traffic congestion in the area and because of the close proximity � of the commercial uses to the lake itself. It was noted that intense development of property in this area with the � resulting hard cover creates storm water run-off problems in that the pollutants on the ground that are generated by � these uses run directly into the lake instead of having an opportunity to be filtrated and purified by any marsh or � other natural purfication systems. • ' . i�ie members present then discussed the proposed rezoning of • the Tonka property and the Navarre Drive-In property to LR-1C-l. It was felt that all factors that had t�een previously discussed at the Planning Corrnnission meetings and the City Council meet- � ings were still valid and �varranted these rezonings. � 'I1ie discussion then shifted to the proposed rezoning ?�tAXtNELL BAY AI2L-'A of property in the �•9axwe1l Bay area that is presently � zoned B-2 and that would be rezoned to LR-1C-1. Playor �earles and the other members present reviewed some of the � factors they felt were relevant in the decision to rezone �that property. • l . There Tvas a need to protect the adjacent residential property to the E ast from the blighting influence of the present B-2 ma.rina operations. � '. It was necessary to protect the residential properties across the street from the area to be rezoned from the ��lighting influences of any expanded B-2 marina operation. • 3. It was noted that the two other marinas on A7axwe1l Bay border on marinas and are not contiguous to a major � residential area as is the North Shore Tlarina and as would i any marina be that was developed in the B-2 property that. is presently being used for residential purposes. 4. It was noted tha.t the other two marinas on A-laxwell Bay, �vhich would not be rezoned, were located on a narrow penin- sula type forr.lation and therefore, their presence does not � have the same blighting effect on the neighborhood as the North Shore �larina does or as any new operation on � a t�ie vacant B-2 area would have on the residential areas . because these B-2 areas to be rezoned are not on such a narro�v per.insula. � � � s ♦ � � Council and Planninc; Corunission Work �ession, Dec. ].�, 1974 -3 � 5, It was noted that all other marinas in the cit� are � undergoing major changes under the B-2 zone regulations and the new ma.rina licensing regulations. • 6. It was noted that if any expansion of North Shore Ilrive • `tarina and any B-2 development on the property, which is zoned for B-2 }�resently but is being used for residential � uses, were allowed to develop into B-2 uses that the traffic � generated from those uses would result in imonense traffic �zazards to the people usina the road in the area and to � the residential community adjacent to the area. It was noted tha.t this is a na.rrow road that services a large area � and that there is no opportunity to expand that road. � 7. It was noted that the area that is proposed to be re- zoned from B-2 to LR-1C-1 is about three times as large as the two remaining B-2 operations on �4ax«ell Bay. If this area were allowed to be developed as B-2 uses, the resulting nollution to the lake in the form of increased storm water � run-off with the pollutants therein and the increased boat density caused by such expansion would be more than Maxwell �13ay could handle. It �aas noted that there is no possibility of recovering storm tiTater run-off in that area before it runs into the lake with the pollutants created by the activities in the area. * 8. It was noted that the other two B-2 operations which � �aould not be affected by the rezoning are already completely developed and could not even expand. � 9. It was noted that if the B-2 pronerty which is nresently being used for residential purposes ancl if the North Shore � Drive Marina area which is, for the most part, vacant pro- perty were allowed to develop as B-2 use, it would result _ in an intolerable increase in hard cover, increase in the amount of boats on that part of the lake, and an increase in the traffic load on the already congested roads. It was felt that to allow such development would result in an additiona.l � public nuisance for those people who are using the roads, the � lakes, and for those people who live in the residential cor,mnxnities nearby. � The discussion then shifte� to the fact that t�:;; proposed � atnendments woulc. clarifv the B-2 zoning district so that the sale of food as a conditional usP does not presently allow a � full scale restaurant. � � Council and Planning CoTranission Work Session, Dec. 19, 1974 -4 operations generate an intolerable amount of traffic on the , roads that are already inadequate to service the areas. '�Toreover, most of the B-2 areas ha.ve no public sanitary � sewer system to which the operations can hook up and it was a well docwnented fact that restaurants must have nublic � sanitary sewer hook ups in order to insure that the ground water supplies and the lake would not be polluted by the '� materials which are discharged by such a restaurant use. "toreover, it was noted that any restaurant use along the � lake results in increased hard cover and storr;► water run- � off prouleMs and the resulting pollution t}ierefror� into Lake Minnetonka. Also this basic residential la};e shore � land was set aside for only needed marina uses and should • not be diverted to other uses that are allowed in other use districts within the city. a 'I'he discussion then shifted to the general requirements of parking, outside storage and landscaping � areas. It was felt that additional restrictions were needed on outside storage as to the height of structures � allowed for such stora�e. All of the members present felt that the provisions of the proposed draft in all other respects were necessary in order to protect the lake from over-use, to protect the nearby residential uses from the blighting influence of the marina opera- �tions, and to insure the health, safety and welfare of t'�e citizens of Orono. Thereafter, the Council reviewed each section of the REVIEW OF PROPOSED proposed amendment to the Zoning Code. The Council AA'�i��,�]T found no need to cha.nge any of the wording of section 1 � and the Council discussed the alternatives of changing the non-conforming use language in section 2 from 500 to 750. The Council found no need to change any of the � �aording of the proposed section 4, The Council then dis- Residential Districts cussed section 5 of the proposed amendment and indicated that certain changes should be r�ade to the "purpose sections" of each residential district. The Council then discussed the proposed section 6 of the Business Districts M zoning amendment. It was noted by Councilmember Paurus that "pet stores" should be included as a permitted B=1 � retail and service business. OtherGvise, there were no changes proposed for the B-1 use district. The Council then discussed the B-2 lakeshore business district and B-2 concluded that the draft as proposed was acceptable in all respects. The City Attorney recommended changing some language in the B-2 section in order to insure the compatability of that language with other sections � of the Municipal Code. The proposed lanr�uage was dis- cussed '�y the memt,�ers present. � - � Council and Planning Cor�mission �Voak Session, Dec. 19, 1974 -5 The Council then discussed the proposed B-3 shopping center B-3 business districts regulations and found that there was no need to change any of the language thereof. 'I�ie Council then discussed the proposed B-4 office and B-4 � nrofessional district regulations and found no need to change � any of the language at this point. '�Ze Council then discussed secti.on 7 of the Proposed amend- Industrial District ment. The Cour�c-i_l fOL171�1 tha.t there was no c�isagreement as to the lan�nzage that had been previously presented. +� T�ie Council tlien discussed section � of the proposed amend- ParkinQ : Signs ment �,rhich dealt with exterior storage in R districts. `�1e Council then discussed section 9 of. the proposed amendment which dealt with the size and height of signs in all �usiness districts and the location of parking s Lises in business districts, i10 chanaes tivere su�gested. Tlie Council then discussed section 10 of the proposed RenPaled Sections amendment �tiihich repealed Chapter 29 of the �tunicipal � �ode. It was felt that suc7� a repeal was necessary in t'iat Chapter 29 was always outside the zoning code anc3 �vas antic�uated, n�toreover, the uses that t.aere pre- viously allowed by special permit in Ciiapter 29, in many �cases were not allowed by otller provisions of tlie code. 7"'iose uses that were allrnved in �iapter 29_l��T sp�cial ��sP perr;iit and iv�lich ivere acceptable to the f;ener�l land trse concepts of Orono had been previously incorporated as conditional uses in tlie various use districts. Sections � 3�.830 - 38,83� of the �runicipal Code were considered and t?.e concensus was that they should be repealed since they ,:iealt t.vit',i multiple di��ellinr�s such as apartment buildings. It was noted that multiple dwellings presently were • allocaed only as planned resic�ential developments. It was roted that in the future when Orono has adec{uate sewer lines to service areas which have adeauate transportation fac- ilities, tne Council would consider amending the Zoning �ode to allow for apar _�� developments. It cvas noteci � t'�1t the comprehensive plan indicated that such an ��er.;iment in the ft-ture would be necessary. � '�''ie �ouncil then di��:ussed the proposed amendment to r•9ARIN.A LICF�i1SE ORL�I:�1111`dCE Cliapter 73 whicli deals with marina licensing. The City :lttorney recorrn�ended certain changes in the wording of the provisions in order to clarif_y ambiguities and to insure compatibility of these provisions tiJith otlier sections of the ;�tunicipal Code. That wording was reviewed by tlie �ouncil and they found no objections to it. It �aas noted that the wordinb made no substantive changes from the draft that tvas previously presented at the 'ublic IIearing. � . ' . Council and I'laru:inR Corn�ission ?�rorlc `�ession, Dec. 19, 1n74 -5 �'?'��e �ouncil concludel t7ieir discussion of the nroposeci arnencir�ents to the Zoning Co<ie ancl to tiie marina licensing ordinance. �� ereafter, the Council discussed a few of the items that OTfIER ITL��S ;aere on the agenda for that evening's meeting. T�e items ` ��.ere unrelated to the zoning amenciment. The cotuzcil ad- journed the session at 7:00 so t}lat the rneml�ers present taould be able to go to the regularly scheduled Council meeting which commenced at 7:30 p.m. ��$fZ��J � � o ert . , earles, 'tayor i -lttest.- � . � . enson er -r1 inistrator s