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12-02-19 Planning Commission MinutesOTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL December 2, 2019 7:00 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Vern Heidner, Alan Offerman, Richard Nichols, Jim Kolles and Charles Foster; Absent: Commissioners: Aaron Stritesky; City Council: CM Tom Darkenwald. City Staff: City Planner Daniel Licht and Administrative Assistant Sandy Lindenfelser. 1. Announcements: None. 2. Consider the following minutes: 2.1 Planning Commission Meeting November 18, 2019. Commissioner Offerman motioned to approve the minutes as written. Seconded by Commissioner Heidner. All in favor. Motion carried. 3. Non -Public Hearing Items: 3.1 Wims: A. Preliminary/final plat to adjust lot lines increasing the area of the single family lot at 8853 Kahl Way; no new lots are to be created. B. Vacation of existing drainage and utility easement. City Planner Licht presented the Planning Report. Applicant, Travis Wims, 8853 Kahl Way NE, was present and agreed to the staff report. Commissioner Thompson motioned to recommend approval of the Riverwood National 3rd Addition preliminary/final plat and vacation of existing drainage and utility easements, subject to the three conditions. Seconded by Commissioner Offerman. All in favor. Motion carried. 4. Public Hearing Items: 4.1 Martin Farms 3rd Addition Wetland Buffer Amendment: City Planner Licht presented the Planning Report. Minutes of the Otsego Planning Commission December 2, 2019 Page 2 Applicant, Joe Jablonski 16305 36th Avenue NE, Plymouth, was present and agreed to the staff report. Chair Black opened the Public Hearing at 7:12 PM. Duane Smallwood, 7177 Mackenzie Avenue NE (Lot 5), said his understanding of this is that he is getting 10 feet of his property that he already has but will lose 20 feet of property that is already sodded and irrigated by Lennar for the last three years. It's not a win win situation for the homeowners. The property markers when purchased showed none of the wetland on the plat map. City Planner Licht said that at the time these homes were built it is correct that irrigation was put in and sod put to the rear property line on several of these. The City does not permit installation irrigations systems and there wouldn't be any reason to prohibit putting sod to the area but this area cannot be maintained under the requirements of the Zoning Ordinance. Joe Smith III, 7185 Mackenzie Avenue NE (Lot 3), said stakes had been put in the back yard indicating the buffer zone area that was supposedly 20 feet from the property line. City Planner Licht corrected that it's 20 feet from the edge of the wetland and explained where the wetland actually begins and that it does encroach into some of the rear yards. Mr. Smith is concerned about the location of the buffer zone and said it would be helpful if someone would come out and re -stake to know where the new "no mow" line would be. Jim Uzzell, 7171 Mackenzie Avenue NE, said that the property survey he received at the time of purchase showed no wetland but now Lennar sent out another one showing the wetland. Mr. Uzzell said irrigation was installed in the wetland by Lennar and asked who is going to be responsible for this now? Mr. Uzzell also asked if we decide to sell our property, how is this going to affect us? Commissioner Thompson asked if the irrigation was beyond the new buffer line. Mr. Uzzell confirmed that it was in the buffer zone and that Lennar sodded all of their lots. City Planner Licht said that the confusion in part is that the surveys the that property owners signed off on reference drainage and utility easements which gives the city the right to manage stormwater within this area which was used in these subdivisions to overlay the wetland buffer within the lot. The City is in the correct in establishing that easement overlaying that wetland buffer and under the requirements of the Zoning Ordinance. The City does not issue permits when Lennar rolls sod or places irrigation systems. This this issue was brought to the City's attention when the fence permits came in and applicants wanted to put the fences in the wetland buffer. Minutes of the Otsego Planning Commission December 2, 2019 Page 3 Commissioner Thompson asked if there is the possibility of looking into easement credits. City Planner Licht said you can only fill in a wetland if meets a sequence of criteria and increasing yard area is not going to meet the criteria. Commissioner Heidner asked if the stream could be relocated 50 feet south and create a wetland over there. City Planner Licht said you cannot disturb or alter a designated wetland. Howard Eisinger, 7181 Mackenzie Avenue NE (Lot 4), asked what year Lennar was notified that this was in effect. City Planner Licht said that the wetland buffer requirement was put in place on October 14, 2002 and the preliminary plat for Martin Farms was approved in 2003. Lennar amended the buffer area when they final platted this block in 2016. Mr. Eisinger said he purchased his property in 2017 and Lennar never told them anything about this. City Planner Licht explained that when the final plat for these lots were approved there is drainage and utility easement covering the wetland buffer. Mr. Eisinger said Lennar told them it was our property to mow and now we're told we can't mow it. City Planner Licht said that the wetland buffer as established in the City Code is that it cannot be mowed. Mr. Smallwood asked if they we do something to what's there. When you look at the orange markers in the yard, there is 10 feet, and you go another 10 feet and I lose over half my yard. Will Dague, 7189 Mackenzie Avenue NE, speaking on behalf of resident Amy Dauge, said this home was a model and for three years there didn't seem to be a problem until she came in and applied for a fence permit. Mr. Dague asked where this water drains to and how it gets there. City Planner Licht explained the drainage pattern for the area and the process for determining wetlands at the time of subdivision. Mr. Dague asked if homeowners are responsible for negligence either by the City or Lennar. Mr. Dague said he went to the DNR staff for this area and he said that "'City's do what they want and the MPCA never really goes out and looks at anything unless it's major". City Planner Licht said that this is not correct, stating that the MPCA does oversee our stormwater management plan and that City is required to inspect these stormwater and wetland buffer areas with the City Engineer and Public Works Department inspecting 25% of all stormwater basins every year. City Planner Licht explained again that it was an issue that the signs were not put in place and it came to attention when these fence permits were submitted. City Planer Licht said that once this issue has been brought to the City's attention, we have to address it. City Planner Licht explained a property survey showing an easement meaning the rights to the control of that area of the property belong to the City., City Planner Licht explained that back in 2016 the wetland buffer was first reduced and recorded with the County and is proposed to be reduced further now by the current application. Minutes of the Otsego Planning Commission December 2, 2019 Page 4 Mr. Dague spoke via telephone conversation to the City Engineer and City Planner. Stating there was a difference of opinion between them. City Planner Licht said that the City Engineer had spoken incorrectly as the Zoning Ordinance does not allow for any structure to be placed within a wetland buffer. Commissioner Heidner asked Mr. Dague for the name of the DNR representative he spoke to. Mr. Dague could not remember. Commissioner Heidner asked if he could provide the name of the DNR representative to the City. Mr. Dague said he will try. Mr. Uzzell, 7171 Mackenzie Avenue NE, asked by impacting a wetland are we able to create a wetland. City Planner Licht explained it cannot. The first rule in wetland impacts is to avoid them. James Ayres, 10552 74th Lane NE, is a retired DNR Conservation Service USDA, explained that most of the buffer systems are installed in the state of Minnesota to protect and make clean water situations along drainage areas and wetlands. They are designed to protect and to offer incentives for farmers to plant heavily grassed vegetative areas next to existing designated wetland areas. This grassy area doesn't seem to be creating a problem and sees no reason not allowing it to be mowed. Mr. Smallwood asked if the plat map dated 08-24-17 the same plat map that is being referenced here. City Planner Licht said this would be reflecting the final plat that had been approved. Ms. Julie Smallwood said would like a few of the councilmembers to come out and visually look at the situation to see if there are other options. Tina Goede, 12330 73rd Street NE, said she received a call from Mr. Eisinger and went to look at his property. Ms. Goede said she would like Lennar to come out and look at the properties. Ms. Goede said it sounds like Lennar did not complete what should have done as well as the City and thinks this needs to be made right for these people. Mr. VanVleet, 7173 Mackenzie (Lot 6), asked if is there any way to request a variance to the restricted area. City Planner Licht explained the process that has been initiated is to amend the buffer that is in place rather than going through the variance process which is subject to different criteria. Mr. VanVleet asked is there is a way for people to think and come up with a resolution, respecting the MPCA without destroying our back yards as would suffer financially if we ever decide to sell our property and would have to disclose what is going on in the back yard where as Lennar didn't. Commissioner Thompson asked if the survey includes the wetland in the lot size. City Planner Licht explained that when Martin Farms was preliminary platted the wetland and the wetland buffer was allowed to be within the area of the lot necessary to meet minimum area requirements. Minutes of the Otsego Planning Commission December 2, 2019 Page 5 Chair Black brought the discussion to the Planning Commission members at 8:04 PM. Commissioner Nichols questioned if all but two of the lots have the wetland and wetland buffer included within the lot. City Planner confirmed this is correct. Commissioner Nichols asked if there was a requirement to put up signs. City Planner Licht confirmed there was a requirement for signs to be placed which was not done. Commissioner Offerman questioned if this is a City responsibility or the developer's to put the signs up. City Planner Licht said that it is the City that is to place the signs. Commissioner Foster wondered if the developer should have known the signs were not in place and notified the City. Commissioner Heidner said he would like to see this voted on to pass a recommendation on to the council and they can table it. Commissioner Heidner would also like to see a further discussions with property owners, Lennar, MPCA, DNR and the City Engineer and City Planner. City Planner Licht recommended that this item be continued here at the Planning Commission meeting to keep the public hearing pen so there's the opportunity for the residents to comment further. Commissioner Offerman clarified that there will be another meeting to continue this public hearing after we get additional information and no final decision is being made tonight. Chair Black returned to the public for additional comment at 8:09 PM. Mr. Smith III said it was my understanding it was going to be reduced from 20' to 10' and part of the square fee lost was going to be made up in Outlot A, which belongs to the association. Mr. Smith III said he hopes Lennar would be a part of this meeting so some kind of agreement between them and the City can be made where everyone can be happy. Mr. Jablonski said he appreciated hearing from the residents. Mr. Jablonski said Lennar is working with the City to try and improve the situation that is here today. Mr. Smallwood noted that that everything is now covered in snow and asked if a decision could be delayed until spring to allow the City to have an engineer come out provide an evaluation of the situation and have the Planning Commission make a decision based on that. City Planner Licht explained that under the current application, the City Council has to make a decision on the request within 120 days unless Lennar extends that. City Planner Licht recommends continuing the public hearing to the first meeting in January so city staff can discuss with Lennar extending a decision beyond January. Minutes of the Otsego Planning Commission December 2, 2019 Page 6 City Planner Licht requested a motion be made to continue the public hearing at the next meeting until January 6th. City staff will provide an update on the city's website as to whether there will be additional information presented at that meeting or if it will be delayed until later in the spring. Commissioner Heidner motioned to continue the Public Hearing January 6, 2020. Seconded by Commissioner Thompson. All in favor. Motion carried. 4.2 Otsego Unique Apartments: A. Revised Concept Plan for development of 76 unit Apartment Buildinq and 18 Townhome Dwelling Units. City Planner Licht presented the Planning Report. Applicant, Chet Funk, with Unique Properties, was present and agreed to the staff report. Mr. Funk continued to provide an overview of the project highlighting changes from their previous concept plan and said that they are open to any feedback from residents. Chair Black opened the Public Hearing at 8:37 PM. James Ayres, 10052 74th Lane NE, said he purchased this townhome based on a private, residential, twin homes area, and nothing led them to believe that it was going to have a 72 unit apartment building. Mr. Ayers is concerned about setbacks, traffic increase, soil types and water runoff in this area. Mr. Funk recommends continuing with townhomes in this area. Robert Hudalla, 10663 74th Lane NE, shared concerns about the number of one bedroom units and the cost of the rent, stating this is borderline low income housing with no public transportation in this area. Mr. Hudalla is cancerned about future increase in crime due to the location being near a mall and freeway access and the width of the driveways for fire access. Commissioner Thompson asked if the driveways that Mr. Hudalla talked about are private drives. City Planner Licht confirmed that it is a private drive and that a minimum 20 foot width is what is required for fire lane access. The parking lot on the subject site would have to be designed to City standards with minimum 24 foot wide drive isles. This is just an illustration of what they would like to develop on the site, and is subject to all the requirements of zoning ordinance. Steve Hutchinson, 7232 Kahler Avenue NE, is concerned about increase in crime with this apartment building going up and that the area won't continue to be a quiet neighborhood, which believes will hurt the quality of life. Minutes of the Otsego Planning Commission December 2, 2019 Page 7 City Planner Licht explained that the City of Albertville, MNDOT and the City of Otsego did improvements to 70th Street. Next year, there are also additional improvements to 70th Street to include a roundabout at CSAH 19 and 70th Street. CSAH 19 will be a four lane roadway from 70th Street south. Robert Granlund, 10571 74th Street NE, said he was told this was a planned community with single family homes and townhomes when he moved in and is concerned about the home values going down and would like this to just stay townhomes as a normal layout of the community. City Planner Licht explained that the approved development plans show Kittredge Crossings was supposed to be a developed as a live/work environment that included single family, townhomes, and there were also two apartment buildings in the northeast corner. Angela Klebe, 7325 Kalland Circle NE, is concerned about the access to the community and said there seems to be a lot of changes to what is being proposed now. Ms. Klebe is also concerned about the traffic in this area. City Planner Licht it was identified that private drive access shown on the concept plan at the neighborhood meeting was not acceptable and was revised at the direction of City staff. Robert Hadulla, 10663 74th Lane NE, asked about future connections to the east to access CSAH 19. Mr. Hadulla said he is also concerned about that wetland that runs along that parking lot when it is being plowed from the asphalt and depositing it over the buffer line that will seep into that wetland. City Planner Licht reiterated that the concept plan this is illustrative at this time and that the development would be required to meet all requirements related to wetlands and stormwater management. Bob Grandlund, 10571 74th Lane NE, said he has not seen apartment buildings at single locations. City Planner Licht explained that the City has been asked to look at this one location and that it would be a change from what the City previously approved to develop on that site. The question to the Planning Commission and City Council is this if this is a good idea looking at the City as a whole as well as specifically at this location. City Planner Licht said there 2 apartment sites planned in Kittredge Crossings. City Planner Licht further said that that Otsego was formally a rural township without sewer and water utilities until 2000, which is the primary reason there are no apartment buildings in the community. Mr. Ayers said he doesn't think the proposed 72 unit apartment is an acceptable recommendation nor does it meet the orderly development of that area. Minutes of the Otsego Planning Commission December 2, 2019 Page 8 Vicky Eckman, 10706 731d Street NE, commented on the thought of having this big apartment building is overwhelming because traffic is already congested and will increase. Ms. Eckman said she is also concerned about the increase of crime. Chair Black brought the discussion to the Planning Commission members at 9:02 PM. Commissioner Offerman mentioned the previous application that came before the planning Commission and it was mentioned that a report was going to be coming out indicating where apartments would be ideally in the City. Commissioner Offerman said he doesn't feel the Planning Commission should move forward until we see the results of this report. City Planner Licht said the intent is to have the report regarding multiple family housing ready for presentation to the Planning Commission in January or February 2020. Commissioner Offerman commented that this is a much more improved design than was previously presented to the planning commission and applauds the effort that were made to reach out to the community and to work with some of the concerns the residents had. Commissioner Heidner asked City Planner Licht if there is a time line we have to follow. City Planner Licht said because this is a concept plan it doesn't provide entitlement. Commissioner Thompson asked for a summary of the various zoning of surrounding parcels. City Planner Licht said the parcel on the east side of Kalland Avenue would remain for office/warehouse as well as the area on the east portion of Outlot H. Commissioner Offerman asked if the land uses shown on the approved PUD Development Stage Plan could be developed without further City Council approval. City Planner Licht said that an office/warehouse use of the subject site would come to the Planning Commission and City Council for approval but no public hearing is required. Commissioner Nichols asked where apartments were to be allowed on the approved PUD Development Stage Plan. City Planner Licht explained the land uses shown on the approved PUD Development Stage Plan. Commissioner Heidner said that less traffic would be generated if the apartments were located in the south portion of Kittredge Crossings south rather than to the north. City Planner Licht noted that the two lots on the north portion of Kittredge Crossings are owned by one entity and the three parcels located at the south portion of Kittredge Crossings are owned by a different entity. Commissioner Foster wanted clarification of the number of units and the number of one bedroom units. Mr. Funk said depending on the location, it could be lower than 72 units based on where the access needs to come in and the setbacks. One bedroom Minutes of the Otsego Planning Commission December 2, 2019 Page 9 apartments are being planned due to the higher demand, but that the ratio has not been finalized. Chair Black returned to the public for additional comment at 9:07 PM. Myrtle McCarty, 10668 74th Street NE, asked if any of the Commissioners have gone out to see this area. Commissioner Offerman said he lives out there and other commission members have been out there. Chair Black closed the public hearing at 9:09 PM. Commissioner Offerman asked for language regarding tabling the application until the study regarding multiple family housing is received. City Planner Licht said the application may be tabled with consideration pending a future meeting in receipt of the multiple family building study. Commissioner Offerman asked if the developer knew about the report; that they were aware and warned that it was something that would not come out until later. City Planner Licht confirmed that is correct. Commissioner Nichols asked if they can comment on the townhouse portion of this separate from the apartments as the apartment is what the Planning Commission is are going to hold back on but we can comment on the other. City Planner Licht said that the Planning Commission can to motion to table the concept plan for Outlot 0, Kittredge Crossings pending receipt of the multiple family housing study and in a separate motion, recommend support for support of the concept plan for Outlot H subject to the 18 conditions outlined in the planning report, excluding item 5 and item 7b. Commissioner Thompson asked if that would be the only thing in that outlot. City Planner Licht said that there is still the east portion of Outlot H that can be developed with office/warehouse uses. Commissioner Offerman motioned to table this discussion for Outlot O for a future meeting time pending the receipt of the multiple family housing study. Seconded by Commissioner Foster. All in favor. Motion carried. Commissioner Offerman motioned to recommend support of the PUD Concept Plan for Outlot H subject to the 18 conditions minus condition 5 and 7b listed in the planning report. Seconded by Commissioner Kolles. All in favor. Motion carried. 5. Update on City Council actions. CM Darkenwald updated the Planning Commission on recent City Council actions. Minutes of the Otsego Planning Commission December 2, 2019 Page 10 6. Update on future Planning Commission Agenda items. City Planner Licht updated the commissioners on possible future agenda items. 7. Adjourn. Commissioner Offerman motioned to adjourn. Seconded by Commissioner Nichols. All in favor. Motion carried. Adjourned at 9:20 PM. Pam Black, Chair ATTEST: Sandy n felser, Adm' ' trative ssistant