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HomeMy WebLinkAbout12-18-1974 Public Hearing Minutes Zoning ` CITY OF ORONO Mayor Searles called the Public Hearing to order 7: 40 P.M. , at 7: 40 P.M. on December 18, 1974 �Members present: Mayor Searles , Councilmen Butler, PUBLIC HEARING Massengale, Paurus, and Welsh. Planning Commission members : Chairman Guthrie, Curtis, Elliott, • Gasch, Pesek, and Van Nest. Muhich, Zoning Administrator, McCombs, Engineer; Malkerson, Attorney. � Mr. Searles explained the procedure for the Public CERTIFICATE OF MAILING Hearing. Certificate of Mailing and Notice of AND NOTICE OF PUBLIC Public Hearing were read by the City Administrator. HEARING � It was noted that copies of the proposed zoning map and proposed amendment were available in the room. Mr. Guthrie, Chairman of the Planning OVERVIEW BY MR. GUTHRIE Commission, stated as of this point in time, the City of Orono is operating under the Zoning Ordi- nances adopted in 1967. During the seven years that have passed since then, there have been many changes in the community and in the Metropolitan area of which Orono is a part. These changes include not only a larger population, many �ore vehicles (and boats) using our roads and lakes, but perhaps of greater significance the great advance in our awareness of the environment � and its importance in our daily lives, and in our future. In this area, Orono reflects a national trend, but, perhaps because of our unique location which included about 1/3 of the water area of Lake _ Minnetonka as well as 400 of its shoreline, I believe • that we here in Orono are more than normally aware of and concerned about our environment and water resources and what we must do to protect it. When you consider that every acre of land in our City drains sooner or later into the Lake, our responsibility for its preservation is apparent to everyone. Also, during this past seven years, the Legislature enacted statutes requiring preparation and adoption � by all municipalities of Comprehensive Plans to furnish guidance for present and future land use policies. In addition, the Legislature established the Metropolitan Council to coordinate the goals of the approximately 170 cities and towns � in the seven county area in and around the Twin Cities. Other agencies of relatively recent vintage which affect Orono to a greater or lesser degree are the Metropolitan Transit Commission, the Metropolitan Sewer Board, the Lake Minnetonka Conservation District, and the Minnehaha Creek Watershed District. MINUTES OF PUBLIC HEARING HELD DECEMBER 18 , 1974 . Page 2 Reports such as the Harza Study and the S�ormwatez ' Management �lan, among othezs, have been �mpoxtant �in guiding our community in the specifics necessary to protect the Lake and water supply from pollution. Orono ' s Comprehensive plan began almost three years ago, and reflects among other things the input from seminars which many of you attended. After much work by many of our citizens , it was presented at a public hearing in this room on August 15, and thereafter was approved by the Metropolitan Council as required by law, with certain minor modifications on November 7 , 1974 . Our Council approved the Plan on December 2 , 1974 . To place them in proper perspective, I should point out that whereas the Plan is a long range � document (25 years span) the Zoning Ordinances which we consider tonight are designed for right now and the immediate future. They can and, of sourse, will be amended as time and conditions indicate. Some of you were present in this building last March 13 and June when a preliminary public hearing was held on most of this amendment to the Zoning ' Code. Your input on that occasion was most valuable and has been of great value to us in �preparing and modifying that �proposed amend- ment and the Comprehensive Plan. ` At that time, the possible zoning changes were discussed in order to assist in the final de- � velopment of the Comprehensive Plan. Brad Van Nest, past Chairman of the Planning OVERVIEW OF PROPOSED Commission, �ave a summary of the report and BOUNDARY CHANGES - explained the new zoning in Rural, Lakeshore PURSUANT TO COMPREHENSIVE and Commercial zones. Large maps had been PLAN placed on the wall for review and inspection of the proposed use district boundaries . On the rural residential map, the RR-lA area FIVE ACRE LOTS presently zoned one acre (colored green on S the map) shall be zoned for five acre lots. The rezoning of this area would allow for the continuation of lifestyle already present in the area. Most importantly, the area is not sewered and the Metropolitan Council does not plan to extend sewer service to that area. The Metropolitan Council and the Pollution Control Agency recommend that areas without sewer should be zoned for five acre lots. Brad Van Nest then briefly described the area T��O ACRE LOTS (colored yellow on the map) which will be re- zoned to two acre lots . He noted that muni- cipal sewer will not be provided in that area � MiNUTES OF PUBLIC HEARING HELD DECEMBER 18, 1974 Page 3 and therefore at least two acre lots are necessary to support onsite sewage disposal systems. He noted that two acre sites are necessary to prevent the � ground water pollution problems that had previously been created on 1-1/2 acre lots. Brad Van Nest next discussed the lakeshore resi- LAKESHORE RESIDENTIAL dential areas. He stated that new regulations were necessary in order to protect the Lake from stormwater runoff pollution. There is a 75-foot setback requirement from the Lake. No hard cover or changes on contour are allowed within 75 feet of the Lake. Tree removal is allowed by permit only. The areas colored green on the map will be zoned for two acre lots to allow onsite sewage disposal systems. These areas are also being tested to see if they can support onsite septic systems. The areas colored blue on the map are presently LR-1B one acre and will remain one acre sewered. However, new standards have been established as in LR-lA. The area colored red on the map is LR-1C 1/2 acre sewered and will remain 1/2 acre sewered. Lakeshore requirements are the same as above. In LR-1C-1 area, a planned residential development is a permitted use if certain require- ments are met. yUrban Development. The present R-lA area will URBAN RESIDENTIAL remain one acre sewered. The present R-1B area is now one acre and will be reduced to 1/2 acre. Commercial B-1 retail sales. Some uses have been COMMERCIAL deleted and we have modified standards in this zone. B-2 Marina Zones on Browns Bay, Smiths Bay, Maxwell B-2 ZONES Bay, Stubbs Day. A portion of present B-2 zoning in Maxwell Bay will be changed to LR-1C-l. Performance standards have been changed for the B-2 zone in that landscaping is being proposed to provide natural cover for screening marina areas to include: (1) side yard depth of 10 feet, (2) lakeshore area - depth to be 10% total lot depth, S not less than 10 feet nor more than 75 feet, (3) front yard area - 10 foot depth. Navarre Commercial Areas jcolored red on the map) NAVARRE COMMERCIAL are B-1 and will remain B-1. Standards are modi- fied in the retail sales area. The area colored yellow on the map will be zoned to B-3, part of the area is presently B-1 and part of the area is presently B-3. � .. MINUTES OF PUBLIC HEARING HELD DI'CE�•.BER 18, 1974 Page 4 B-4 office and professional services. This is B-4 AREAS a change in standards limiting these areas to primarily office and p�4fessional uses. This � rezoning is necessary because if these areas were developed as B-1 uses the traffic generated by those uses would result in more congestion and � traffic hazards for the residents in the area and the uses of the road system. B-4 uses generate approximately one-fourth the traffic that a B-1 use generates. Some of the present industrial areas in the PRESENT INDUSTRIAL Navarre area will be rezoned to LR-1C-1. The AREAS residential density; the Village water tower area will be rezoned from B-1 to LR-1C. Present commercial and industrial uses now in operation will be permitted to continue as non- conforming uses under the Zoning Code. Further zoning changes were noted on the maps and discussed by Mr. Van Nest. The Crystal Bay commercial area is being rezoned to RR-1B to be continguous with surrounding residential area. This includes the Texaco Service Station on Hwy. #15 at Central. Mr. Van Nest explained the various sections of the new zoning ordinance: ` 1. Chapter 30 - Purpose and definitions. y2. Chapter 31 - General in nature, regarding permits, non-conforming uses, lot of record, etc. 3. Chapter 32 - Administrative procedures, vio- lations, penalties and enforcement. � 4. Chapter 33 - Use districts, map and legal descriptions, boundaries, etc. 5. Chapter 34 - Variance, residential districts, - land uses, regulations. 6. Chapter 35 - Business districts and regulations. , 7. Chapter 36 - Industrial districts and regulations. 8. Chapter 37 - Marina License requirements and regulations. S Mayor Searles welcomed comments from the floor COMMENTS FROM PUBLIC r concerning the five acre zoning. There was no response; he asked for comments twice before continuing to the use district classification. Mayor Searles then asked for comments concerning the proposed two acre zoning: John Hollander in- quired concerning alternative uses of greater density in the future since there is sewer in � Plymouth, outside of Orono. �,� , � MINUTES OF PUBLIC HEARING HELD DECEMBER 18 , 1974 Page 5 • Mayor Searles noted that clustered homes are pro- • vided for in all residential districts. Hollander inquired whether the changes suggested by the Metro- � politan Council had been integrated into the Com- prehensive Guide Plan. The Mayor indicated that six � of the recommendations were immediately incorporated into the Plan and the other six areas of recommenda- � tion are planned and provided for in the future. The Mayor stated that there is little change in the � zoning uses of the areas from 1967 zoning. But • past pollution problems from on-site sewage disposal systems on these one acre parcels necessitate � a rezoning to two acre parcels. If public sewer is provided sometime in the future, the Council would � consider proposals to allow for greater density as long as there are adequate roads and other necessary � improvements to protect the citizens of Orono. � The provisions of Chapter 38 provide for such future � changes. Cluster homes are planned and provided for in the future. However, we can't allow one acre � sites because of the pollution problems. Mayor Searles noted that provisions for multiple dwellings � in certain areas would be considered once the sewer capacity is present. Until that time, we cannot • allow large apartment buildings but the Comprehensive Guide Plan does provide for such changes as conditions � change. Many of these decisions depend on material, • information, and decisions from other bodies such as the Highway Department, Metropolitan Sewer Board, etc. � Many of the improvements that had originally been � planned by other agencies have not been completed. Mayor Searles noted that because of present financial, • ecological, pollution and fuel problems, there has been a drastic cutback in spending on improvements � such as these. Therefore, the City cannot plan on • previous guesses. The City must wait until these facilities are completed before the City allows � for certain types of dense development. � Van Nest read the letter of approval of the Comprehen- sive Plan and Staff Review that was received from the Metro- � politan Council. Mayor Searles expressed the fact that millions of taxpayers' dollars would be saved � through planned development as provided for by this � amendment. The Metropolitan Council has stated that sewer should not be extended into open areas � until the presently sewered areas are developed. � Mr. Hollander requested some clarification on duplex credit in RR-1B zone. Searles explained this was • covered in other parts of the code such as Sec. 34.029 . � Hollander inquired about conditional uses , Van Nest � read from the municipal code book in response. The question of height of barns was raised. Heights on � � � � MINUTES OF PUBLIC HEARING HELD DECEMBER 18 , 1974 . �age 6 � structures are limited to 30 feet with special pro- � visions on structures such as barns under ���, 38 . 900. � Since there were no other comments, Mayor Searles LAKESHORE RESIDENTIAL asked for comments concerning the lakeshore res� - � dential areasz Mayor Searles informed the audi- ence that all lakeshore residential zoned areas � would be open for comments as a group; the pzo� posed neta standards in these areas were based on � standards and regulations set forth by Lake Minne- � tonka Conservation District, the Department of Natural Resources and the results of intensive in- � vestigation by the City staff and governing bodies. We must keep and restore natural conditions of our � shorelines in order to protect the Lake and ground- water from pollution. Mr. Robert Tharp inquired • about one acre minimum lot area (colored blue on the map) . Searles informed the group there was � no change in area requirements fron� the nrevious ordi- ' nance. It still is zoned one acre and variances are available. Each p�c�blem will be dealt with � upon presentation to the Planning Commission and the Council for a variance. Mr. Tharp complimented � the Council and the Planning Commission on the results of their work. • • Marshall Hanek, representing Navarre property NAVARRE AREA owners , asked whether County Road 15 through � Navarre commercial area would be widened. Mayor Searles responded that east of Navarre, the � ultimate use would be lakeshore parkway. Widening is not intended in this area due to the detrimental � effect on the Lake and groundwater supplies . West of Navarre the Highway Department has proposed • making County Road 15 wider. There is currently a study being made. Any proposed widening in Orono would � • not be consistent. with the proper uses of the lake- • shore areas in Orono. Orono is interested in esta- blishing a ring route away from the Lake so all � traffic is not running through the lake area. Mayor Searles noted that any work on roads near the Lake � results in pollution to the Lake. � There followed a general discussion of the density credits allowed in the LR-1C-1 areas. • • Stan Straley stated that he does not agree with the proposed rezoning on Maxwell Bay per his letter of � 1-22-74 . He presented the Council with two letters he had written to them and the Planning Commission � in the past, explaining his objections to the rezon- ing to LR�1C-1. � T�erman Renner, a citizen who lives on Maxwell Bay, �indicated that pollution problem is great in the Max- • well �ay area; he had recently seen algae in the ice which is only rarely found in the water during the ice breakup. � � � M�NUTES OF PUBLIC HEARING HELD DECEMBER 18 , 1974 Page 7 � • The Fresh Water Biological Institute had been con- su�ted and it was found that the algae was a re- � sult of overuse of the water. Mr. Renner said years ago this land was zoned residential and feels it � should be residential again in order to protect the Lake. � Dan Davis , representing Lary Hork North Shore Drive � Marina, stated his objections to the rezoning of � their three of the seven lots from commercial to residential . He stated that before these lots are � €ezoned the Council should consider what impact these lots have in increased lake pollution. He � requested that we delete these specific lots of North Shore Drive Marina from the rezoning and � leave it as B-2 so they could continue to operate. • Mayor Searles asked whether Davis had a chance to • study the input by the Council in the Comprehensive Guide Plan and the rights of the other property � owners on the Bay. He felt that if Davis had read the Comprehensive Guide Plan he would understand why � the Council felt the need for this rezoning. � Bill Torodor from the Navarre Drive In Theatre stated he was opposed to the rezoning to residential • LR-1C-1 from Commercial in his area. Mayor Searles • stated that extensive study had been done on this proposed rezoning. Records are available for re- � view at the City offices. Studies have been made on transportation, roads, stormwater runoff, and the � excess amount of commercial area in the district, the blighting effect on nearby residential property. • These studies and others have been considered as rationale in the proposed rezo�ing. • � Steve Shank, representing Tonka Corpora�ion, said they opposed the proposed rezoning. � Councilmember Paurus explained that traffic pro- blems necessitated a rezoning of the property. He � indicated that at one time the Council had con- sidered Tonka ' s request for a B-4 zonP only because � the requested use would not have been a heavy traf- fic generator. It was also indicated that Mr. Shank � had publicly rescinded the proposal at the previous • Council meeting. Therefore, it was necessary to re- zone this problem for uses which would not increase � the present traffic congestion and hazards . � Russ Wenkstern from Tonka admitted that there was traffic congestion in the area now and that the � area was not safe because of the traffic problems . He thought that the property proposed to be zoned � LR-1C-1 `,,�ould not make desirable residential property. � � � � � , M�NUTES OF PUBLIC HEARING HELD DECEMBER 18 , 1974 Page 8 � Art Tourangeau of Smith' s Bay Texaco wondered why � his property could not stay commercial. With the � new residential zoning there, even if his business was removed, the property is not large enough to be + two acre as the area is to be zoned. Mayor Searles noted that his use would continue as a non-conforming � use. � Bill McQueen, who owns the lot between A-1 Rental • and the Good Shepherd Lutheran Church in Navarre, inquired into the rationale in changing this from � commercial to residential. The property on all sides is commercial or institutional . � Frank Wagner stated he opposed the rezoning of his � property. Wagner stated that his present insurance company would not cover his operation if it were re- � sidential . He feels there is no benefit to the • City now or in the future by this change. ,� Don Hagen stated he opposed the rezoning of his commercial property. He indicated that the commer- � cial property value could be downgraded by the re- zoning. � Bernard Kogan stated he opposed the rezoning of his � commercial property. � Mayor Searles replied that these changes were all �legislative decisions necessary to protect the citizens of Orono and the reason for the Public � Hearing was to listen to all suggestions and con- sider additional changes to the proposed amendment. • A gentlemen from the Navarre bank recommended that the � Council and the Planning Commission sit down with the � businessmen and Navarre area residents to dis¢uss these problems. � D'Ir. Wagner of A-1 Rental asked if the doctor moves � out, does he have to rent only to another doctor� � David Bie asked what comes first, the land use or the sewer service. He stated that the Council was � doing a great job in solving present problems and • preventing future problems . � Jerry Zell stated he opposed the proposed rezoning of commercial areas . � Bernard Kogan asked if the Council had considered • getting an Attorney General ' s opinion. � Jim Rivers inquired about non-conforming uses. Mayor �Searles asked if there were any other comments con- cerning� the Business Districts . • � � �. ' MI�IUTES OF PUBLIC HEARING HELD DECEMBER 18, 1974 Page 9 � McCleary inquired about permitted land uses in the � B-2 area. What is the plan of Council and the Planning Commission regarding approval and adoption of this �plan. Searles stated the Council could act right �ow, however there will be a public work session at ♦ 2: 00 P.M. , December 19 at City Hall, and a public Council Meeting at 7: 30 P.M. to continue the dis- � cussion of the proposed amendment. � Jim Rivers inquired about the parking requirement ' for B-2 uses including warehousing. Van Nest pointed out that the restrictions on other commercial prop- � erty are more stringent than these proposed parking requirements. There were not many changes from • our previous code. It was noted that some of the proposed requirements for the B-2 zone are now less � stringent because of your suggestions and recommenda- � tions. For example, planting has been changed from 1000 opaque to 500 opaque. Rivers commented that � regarding landscaping, the codes do not require other commercial business to have landscaping, and the per- � centage suggested now is too high. Mayor Searles said that because each marina is unique, each would • be considered on an individual basis. � At 10 : 30 P.M. , Mayor Searles announced the Public ADJOURNMENT � Hearing would be continued at the Council Meeting at City Hall at 7: 30 P.M. , December 19 , 1974. • � � /J : - �-- ��1..�:��' v-"-.�r�_ � Robert L. Searles, Mayor � � � i � Attest:�, � �� Walter R. B son, Clerk-Administrator � � � � � � � � � � � �