07-03-91 Planning Commission MINQ(t).-iLftV No I[Q INADVNIVII SHWO014120AW A
The Informational portion of the meeting was called to
order at 7PM by Chairman Ing Roskaft and -turned over to David
Licht, Planner to go over the Comprehensive Plan.
The following Planning Commission Members were present:
MARK WALLACE CARL SWENSON LARRY FOURNIER
ING ROSKAFT KATHY LEWIS
The following Staff were present:
DAVE LICHT BOB KI IS ELAINE BATTY
JUDY HUDSON RON BLACK,COUNCIL
Judy Roden asked about the Albertville Area where -the
Industrial Area is projected long term. Roden asked Licht to
be open minded about it. The policy of the plan is to
suggest land use Licht informed her. It can be changed.
Roden said they are interested in developing.
Sharon Moylan asked if when -the sewer does come and the
lot is sub -divided, who is responsible for the road an(! sewer
to the new lot? Licht answered that it would probably be
negoitated. Licht then went over the plan with the group,
for the benefit of those who were not at the June 216th
Meeting.
John Darkenwald asked about Section #34, Range 013 along
#101 there are a lot of expensive homes and would one per 10
acres be considered instead of one per 40 as now designated?
Licht said the City has now designated. the river frontage.
Darkenwald said -there are quite a few homes in the F6cc
area. Licht said the point is where do you draw the line?
You create a transition in land use that is why the line is
drawn. If the adjacent area fills up, the line would be
moved out further. Licht said -that 330 homes claimed 1,500
acres of land. That is being excessive. If we follow the
plan, the amount of land taken out of Ag will be less. When
will. they start testing -the water a resident asked? Licht
said unless there is a major problem, it probably won't be
tested. if there are several. septic system failures, it may
require water testing. Once the plan is adopted, on-site
system testing will be put in place. If the septic is pumped.
annually, or once every two years, it will prolong sewer and
water coming. Licht mentioned that Darkenwald's may be
interested in the fact that they are looking at putting -the
area by Darkenwald's in the short range service area.
Darkenwald asked about the 11 acres of land they have in the
Wild and Scenic. Licht said the present plan doesn't take
this 11 acres out of the Wild and Scenic. Licht said if you
want that property pulled out, Darkenwald's should go to the
City Council and recommend that area be taken out now. Licht
talked about the Wild and Scenic and the jogged boundaries
and there not being a lot of rhyme or reason and the ways to
address it:
1. Uniform setback
1)
Follow bluffline (follow topography) 3. Combination
of 1. and 2 above
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM - INFORMATIONAL MEETING ON COMPREHENSIVE PLAN:
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Licht mentioned if you want to review the Comprehensive
110 9 tan, -there. copies for loan or purchase available at the City
Hall.
a resident asked if anyone sold his place do you have to
put sewer and water in the contract? Licht said no, not at
this point. Licht discussed storm water drainage problems
and the expense because of it. We are trying to avoid this
type of -thing by planning. If sewer comes into Otsego, there
is capacity for Elk River to take capacity for, treatment from
Otsego. Different options with sewer were discussed. Licht
said it is trying to put off the problem, but recognizing
there is a problem and preparing for it.
Russ Greninger asked about someone coming in and
developing in -the rural area. What could we do? Licht said
that the sub -division Ordinance and Comprensive Plan is a
legal document and the Planning Commission and Council can
prevent development. The domino effect comes into play, if
this happens and -the whole -thing falls apart. We don't start
from scratch, we analyze what is there now, and decide how to
manage it. With the cutback in State dollars, you can't skip
around. The money is not there. If the City said they want
sewer, and water today they couldn't go get it. Banding
capacity is not there for it. (Bonding capacity is figured
an assessed valuation)
Roskaft asked Licht to explain to the residents that
this Comprehensive Plan is not cast in concrete and is
subject to revisions as things arise. Licht said that in six
or seven months what the City has accomplished, most Cities
take one -to one and one-half years to do. In March we
adopted the Sub -division Ordinance. The Comprehensive Plan
should be finished and adopted in a. month or so. In three or
four months maybe five -the Zoning ordinances should be
established. We recognize that changes will have to occur as
time goes by, Licht said.. The present Sub -division Ordinance
will have it's first amendment in two weeks. The plan can be
changed if -there is a rational for it. For, the Comprehensive
Plan Amendment there is only notice in the paper required.
If it pertains to a particular site change, everyone within
350' of that area is notified by mail. Everyone within 5001
in the Rural Area notification is mailed. Licht noted that
we are identifying changes from the Informational Meeting of
the 26th of June.
A resident asked why we don't make an Ordinance
requiring septics to be pumped. annually? Licht said. we will,
after the Land Use is established, we can make a
determination of what needs to be addressed. A Storm
Drainage Plan needs to be done very shortly, Licht said. One
of the problems is a lot of septic systems, people don't know
where they are.
Sharon Moylan asked if we should be concerned about
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF J*LT 3,
1991 AT 7PM - INFORMATIONAL MEETING ON COMPREHENSIVE PLAN:
fertilizers and ground water contamination? Licht answered
it could be. If we think it's a problem we should look into
it. Licht said we are now in transition. Many communities
have environmental committees that look at environmental
issues. A lot of those things will come. Now we are still
trying to establish the basics. Finances also come into
this. Jacquie Rognli said the County will test the well for
$25.00 for nitrates, etc. once should be enough unless you
have a problem with flooding, etc. Roskaft asked if there
was any more information. He stated that the meeting would
adjourn for 10 minutes and the regular Planning Commission
would follow:
The regular Planning Commission was called to order at
8:05PM with the same members and staff present.
Kathy Lewis motioned to approve the minutes of June 19,
1991. Larry Fournier seconded the motion. All agreed.
The minutes of June 26, 1991 will be considered on July
17, 1991.
AL ZAHLER - Hearing Parcel #118-500-331202 in Sec 33, Twp
121, R23 W 203.70 ft of N383.75 ft of E 2163 ft of NE 1/4.
Mr Zahler owns a 2-1/2 acre parcel of land S of Co Rd #122
(#37) near the Otsego O'Dean Ave NE (was Co Rd #37)
intersection. He has indicated that a potential buyer is
interested in keeping horses on the site. As a result Mr
Zahler is proposing to add 2-1/2 acres to the site, creating
a five acre parcel to accommodate the horses. The subjects
site is zoned A-2, General Agriculture. (See NAC's Report)
Request is for a minor subdivision to add 2-1/2 acres to the
present 2-1/2 acre parcel.
Bob Kirmis gave the background information to the
public. He stated that the Planning Commission and Council
have voiced general support. NAC looks at Mr Zahlers
proposal as generally positive and recommended with the
following conditions:
1. The site survey is revised to illustrate one continuous
five acre parcel of land. This issue should, however, be
subject to comment by the City Engineer and City Attorney.
2. An amendment to the Subdivision ordinance is adopted
which would allow subdivisions of land which: 1) have not
been previously platted, 2) Which are less than 10 acres in
area, 3) are located within the City's Long Range Urban or
Rural Service Areas to be handled adminish—vively.
3. The north 33 feet of the Zahler property is dedicated as
an easement to Wright County for County Highway 122 R.O.W.
The said easement must be identified on the site survey.
4. Careful consideration is given to potential impacts of
CITY OF OTS GO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM -
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industrial uses proposed in areas adjacent to the Zahler
property.
5. The City retains the right to require submission of
additional plans (i.e., grading) if deemed necessary by the
City Engineer.
Kirmis stated they see this proposal as generally
positive. Mr Zahler said he feels he has met the conditions
as stated. No other comments from the residents.
Kathy Lewis motioned to recommend approval of the Zahler
subdivision with the above stated conditions being met, if
they have not been already. Mark Wallace seconded the
motion. Larry Fournier asked about the subdivision being
administrative. Mr Zahler has a choice if he wants to go
thru the subdivision regulations or do an administrative
subdivision. Motion carried unanimously.
This item will come before the Otsego City Council at
the meeting of July 22, 1991 at 7:3OPM.
RIVERWOOD CONFERENCE CENTER - HEARING (Pattern Station, Inc.)
PID Vs 11.8-8---1.41404, 141403, 141401, 132301, 132201, and
132200 in Sec's. 13 & 14, Twp. 121, R24. Request is for a
Zoning Ord. Text Amendment (test and map) Which would
provide a Planned Unit Development (PUD) Zoning District and
expand the present restaurant to open to the public. (See
NAC's Report) Request is for the following:
a. PUD Zoning Ord. Text Amendment (text and map)
b. Change Zoning to PUD
C. Requests Restaurant to be open to public
Roskaft asked Elaine Beatty if proper notices had been
mailed, published and posted. Answer was yes. Licht noted
that the City of Otsego is in the process of doing it's
Comprehensive Plan and because of that there is not a plan to
address this. Riverwood had two options: 1) Initiate the
PUD to be included in the Ordinance with the first item
establishment of PUD to cover the Zoning Ordinance. Licht
explained the PUD to the residents.
Riverwood has a combination of concept and development.
Specifies condition of approval/ requires financial
guarantees/ establishes timelines. If there is a decision to
modify or change, a Public Hearing is held at that time to
address the item. Mike Cypher asked if agreeing to this
agreeing to the concept of the proposal? Licht answered No,
this is to initiate drafting of the Ordinance which would
have taken place anyway. Passage of the ordnance has no
assurance to Riverwood they have approval of their request.
The second regulation is PUD applied to their property.
Theresa Jennie asked if this is a part of the process?
It is not designed specifically to support Riverwood, Licht
replied. The Ordinance is not being singled out.
CITY OF OT GO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM -
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Roskaft asked for any other questions regarding the
Ordinance.
A resident asked, If we didn't adopt this Ordinance, how
would it effect us? Licht stated he hopes that the Ordinance
that came into effect today will service the major portion of
development, and he explained a little further. He stated
that he knows of no communities that don't utilize PUD's in
some sort. PUD gives City the extra measure of control to
allow extra buffering, etc. Raskaft added that Wright County
has PUD and it is very useful.
Theresa Jenne had a question and Licht said she is
getting ahead of us. Chris Wallen asked how this effects
her, living near Riverwood. We need a basis to consider
Riverwood's request. Licht said it is only an Ordinance and
anybody has a right to ask for it to be applied.
Larry Fournier motioned to recommend approval of the PUD
Ordinance. Kathy Lewis seconded the motion. There was no
discussion. Motion carried unanimously.
Next on the Agenda was to change the Zoning of Riverwood
Conference Center to PUD Zoning. Licht said that the history
of how Riverwood was created and established was under Wright
County's jurisdiction. Licht said we have a unified
facility, they are separate pieces of property, with a
mixture of uses. Regardless of other items on the agendas,
it is NAG's opinion that the property should be rezoned to
PUD Zoning so it is regulated and considered as one unit. He
feels it is a necessity because of land locked parcels
involved. The way it stands today with independent parcels,
any of those parcels could be sold off at any time. To avoid
problems, you should not let that occur. (Selling property
and leaving landlock parcels). They would have to operate
within the confines of the PUD Ordinance. PUD is a contract
with the City. You can't sell, add to a building, expand,
change the character without coming before the City Planning
Commission. This will clean up what has evolved over time,
and we can recognize what activities occur.
NAG has recommended that PUD be approved an the
following stipulations:
1. The City adopt the Zoning Ordinance amendment
establishing a Planned Unit Development (PUD) Zoning District
within the City.
2. The City approve a rezoning of the subject site from A-2,
General Agriculture and B-2, General Business to PUD, Planned
Unit development.
3. Due to the property's partial containment within the Wild
an6 Scenic District, the subject subdivision is subject to
rcview and comment by the Department of Natural Resources.
4. Per PUD requirements, all utilities, including telephone,
electricity, gas, and telecable lines are installed
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM -
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underground
5. The 33 foot wide easement used to access the Conference
Center's existing residence is expanded to 60 feet in width
with a cul-de-sac. While improvement of the roadway shall
not be required, the easement should be formally dedicated to
the City.
6. To discourage commercial traffic upon the site's access
easement and limit traffic volumes, signage be provided
identifying the roadway as a private drive.
7. Drainage easements are placed Over the site's wetlands.
B. Per the City Engineer's recommendations, a contour map is
submitted to assure appropriate site drainage.
9. The applicant submit a detailed drawing illustrating
individual parking stalls within the center's parking lot.
10. The parking lot is expanded to provide 119 stalls as
required by Ordinance.
11. The City make comment regarding the potential inclusion
of a daycare facility upon the subject site. (Note: This
has been dropped, but we need a letter from the applicant to
that effect.)
12. The proposed "storage addition" to the cozy lounge
building is constructed in a manner which is architecturally
compatible to the attached structure subject to City
approval.
13. The site plan is modified to identify all on-site
Loading areas.
14. All efforts possible are made to ensure safe vehicular
ingress and egress from the subject site, Consequently, all
visual intrusions which may limit vehicular acknowledgment of
oncoming traffic near the site's access point (i.e., trees,
shrubs, etc.) should be relocated or removed.
15. if trash is stored outside it should be contained in a
closed container designed for such purposes
16. All exterior lighting is arranged so as to deflect light
away from public streets and neighboring property.
17. Tf additional signage is to be provided, a sign plar)
should be submitted indicating the location type and size of
all signs. 1
18. The Riverwood Subdivision is subject to park and trail
dedication requirements and deemed appropriate by the City.
19. The Riverwood proposal As pobject to the comment and
recommendation of other City Staff.
The Parks and Trails fees for Riverwood will be $800.00.
Comments from the audience were asked for:
Jeffery Broch, Atty for Arlene DeCandala - Stated that
he had received Mr Licht's work on the PUD and they support
the need !" provide easement and expansion of 601. They are
willing to dedicate the easement, but are not sure that they
have 60'. They have 331 and willing to dedicate that. They
arc also sensitive to wetland protection and are asking if
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 'IPM -
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the expense of contour map is necessary. They have 106
parking stalls and they feel 119 is excessive, They
recommend staying with the 106 at this time to see if it is
OV They agree with the Park and Trails fees and agree Witt,
recommendations. Licht stated that it is not unusual, if
applicant can demonstrate that parking is adequate and they
can demonstrate that parking can be built if needed that the
parking amount be less. Licht stated that the easement for
the road needs to be discussed by the Planning Commission.
Joyce Dewey spoke, her mother is Ethel Johnson who lives
adjacent to Riverwood. Some concerns are on the letter she
gave to the Commission. She said she wondered about the
casements. Would all the property be Commercial? Her
mother's farm will be surrounded by the Conference Center an
three sides. If she could take the property back, she said
she would.
Mrs Cypher (Theresa Jenne) read the letter she had
composed. The 11 acres of the homestead of Riverwood adjoins
her property. (See Attached letter) She asked about some
fences and/or buffer zones/ paths. She said she didn't want
to see the 11 acres as part of the PUD. Licht said in
designated property PUD, it is not a Commercial PUD, it is irl
an of itself. What is there today does not expand the
present application. Without PUD the likelihood is greater
in terms of separating parcels out. If property is pulled
out of PUD a degree of control is lost. Without development,
it is very hard to control. There is a canoe landing, picnic
tables there now said Jenne.
Stewart Turnquist asked Licht if he can identify the
landlocked parcels on 45. Stewart is not aware of any
landlocked parcels. What should be included? What is
Riverwood property? Not the 11 acres. Atty for DeCandaia-
furnished information in disillusion action, granting of 11
acres to the Company that owns Riverwood conference Center
Turnquist said that it does not link together 11 acres and
Riverwood Confcrence Center. The 11 acres has the house and
garage and access. Riverwood's property also has an access
thru Riverwood access. Licht said that #13222 parcel is
landlocked. Turnquist said it is not. Previously, the 11
and 15 acres was one and was divided by the judge, along with
the easement being conveyed. Licht said that per City
Ordinance, that is not correct. We need to assure there is
public access to these parcels, because the parcel that was
created was done in violation of City and County Ordinance.
Turnquist said it was not clear to him. He has no problem
with the PUD but he questions why they would put the 11 acres
in with Riverwood? Licht said that there are two questions
that you are posing: I. Should 11 acres be part of
Riverwood? If it is separate, we need casement designated to
the City. If they are combined, there is still the need,
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 'IPM -
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0
— The 11 acres is a policy question the City needs to
resolve.
There is a number of shared casements up and down #39. We
need to have the City Attorney's opinion on the matter.
Bob Spencer is interested in the. easement. They are
proposing- it stay -the way it is. His property adjoins the
driveway -the full length. Michelle Lzaverenz pointed out the
same thing to Licht. As part of the Developers Contract, it
can be addressed Licht said. Arlene DeCaridaia said look to
the past, the road will stay the same. Maintenance vehicles,
use that road and keep it clear of brush and put class 5 on
it when needed and grade and plow it.
Mrs Dewey asked if the easement should have beer). sold, to
the City? Licht said -the control should be public (City of
Otsego) We are not asking for any change Licht said it can
be specified it :,
that stc_jys the Name, rme, but road owner, stay
that
with the City. Mrs Dewey said it is probably on file, but in
an old fashioned manner. Arlene DeCandaia said -that the
neighbors can use the land.
Russ Greninger said this road. should be 651 wide. Licht -
said 601 is the standard.
Joe Rajenovich said that his neighbors had picked tip
information on Riverwood and this is -the first time lie has
heard about the easement on the road. He said that Riverwood
uses our private road. The Park and Trails, this is the
first I've heard about it tonight. I have just one document.
I'm am opposed to the Pacos River Course. I have some
serious concerns. Licht said if you. are interested in -the
matter you. should call City Hall and get the report. Mae
Spencer - to her when
4aid. that the information was not offered
she called. Everyone within 500 feet were notified. Arlene
DeCandaia said she had sent out personal invitations for
people to discuss this and offered to set up a special
meeting.
Roskaft said we need to get down to facts. The
Ordinance that is going to be passed by the- City will. be o-PeD,
to the public.
Bernard 0. Johnson spoke and Mr. Cypher said lie is
opposed to the Pacos River. Course because it is so noisy.
Mr Spencer would like to see the 11 acres stay
residential. Russ Greninger asked about DNR. Were they
notified? Elaine Beatty said. -they were sent notice but did
not -resp(-_)nd. It was asked if Pacos River Course will be part
of the PUD? Licht sald it is a -three step process:
I. Create the Ordinance
Apply pply the PUD
0to -t h e property
I
3. Use and expansion
If it is zoned PUD, what activities can take place?
The Planning Commission needs to be copied. on the
Appl_lcatiori from Riverwoa(l.
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM
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Larry Fournier Motioned to continue the Hearing on Riverwood
to July 17, 1991 at SPM and the Planning Commission will go
on a Site Inspection of Riverwood, and we will get an opinion
from the City Attorney on the ownership of the 11 acre
parcel. Carl Swenson seconded. All agreed.
Site Inspection was set for Tuesday, July 9, 1991 at 7PM
at Riverwood Conference Center.
Meeting adjourned.
AM�SRitOLL�ES,SECRETARY
BY: Elaine Beatty, Recording Secretary
M;
NOTE: This is the correction asked for in the 7/17/91
meeting ® Please replace your Page 9 with this page. Elaine
CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 3,
1991 AT 7PM -
- PAGE 9 -
Riverwood Conferex-ice Center to Jvily 17, 1991, at 8PM and the
Planning Commission will go on a Site Inspection of
Riverwood, and we will get an opinion from the City Attorney
on the ownership of the 11 acre parcel. Carl Swenson
seconded. All agreed.
Site Inspection was set for Tuesday, July 9, 1991 at 7PM
at Riverwood Conference Center.
Meeting adjourned.
�Kft, ESSEC ETA
.R
KOLLES, SEC ETAR
BY: Elaine Beatty, Recording Secretary
(-- b