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01-08-92 Planning Commission MINJ CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-92 AT 8PM - PAGE 1 - MINUTES The meeting was called to order by Carl Swenson in Chairman Ing Roskaft's absence. Members present were as follows: CARL SWENSON JIM KOLLES LARRY FOURNIER BRUCE RASK KATHY LEWIS The following staff were present: BOB KIRMIS ELAINE BEATTY ELIZABETH STOCKMAN JUDY HUDSON The following Council Members were present: DOUG LINDENFELSER NORM F FRESKE RONALD BLACK Lewis motioned to approve the minutes of 12/18/91 as written. Motion was seconded by Fournier. Motion carried unanimously. 3. Hearing for Alan & Mari Freiberg •- 7490 O'Dean Ave NE, Elk River, MN PID #118-500-284-201 S28 R23 Unplatted land 529.88 RDS of N 1/2 of SE 1/4, 25A. Request for a Cond. Use Permit to construct and operate a dog kennel on this property which is located along NE Odean Ave, N of 70TH ST (Old #122). Parcel is Zoned A-2 Gen Ag although it is designated as part of the Long Range Urban Service Area of the City which is targeted for use as future residential land. Carl Swenson turned the meeting over to Bob Kirmis who introduced Elizabeth Stockman who authored the Freiberg NAC Report. She thanked Mr Swenson and gave a break -down of proposed use on O'Dean Ave. It is a policy decision to be made by the P.C. she stated. They need to determine if it is compatible at this location. If it is found compatible, then more information will have to be provided by the Freibergs. This land is in the Long Range Urban Service Area in the Camp. Plan and they view the kennel as Commercial in nature. It is an Ag use. Freibergs have proposed the kennel to be totally insulated and the dogs are inside at night. It may be ten to twenty years in time that residential may be coming to this area. The City may choose to impose strict screening and buffering standards for this area if this request is allowed said Ms Stockman. Swenson asked that anyone who wishes to speak, for or against the proposal please stand and give their name. GARY INMAN - of 7262 Odean spoke. His property boarders this parcel of land. He is opposed to this type of development. Have they purchased this land? Beatty told him it is contingent on approval of this proposal. He stated that this troubles him. He said he is very much opposed to having up to 90 dogs next to his property. If I were to buy property in this area, I would not look to buy property next to a dog kennel he stated. The report states that this will not devalue our properties. I don't know who put that in there. The road has heavy traffic now. With the State Hwy. CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-9!J AT 8PM- PAGE 2 - MINUTES #101 being improved, the housing will be put in there. It is not a compatible situation. The kennel should be a long way from any potential residence and especially should be a long ways from me, he stated. Part of the use is for boarding. I'm not going to listen to dogs Yip. This is Aµ-2 Ag and set up with a limited number of houses and it will be a big problem for the City. Also, along with training dogs you will have whistles and guns probably and it will add to noise pollution. I think you will probably see this activity on a seven day a week basis. Dogs can be in your kennels overnight.' Some people work nights and sleep days and they would suffer some consequences on dogs. I live in an area where a farmer raises pigs and manure is spread on fields. That was my choice and they were here before me. I would hope that the P.C. would rule against this proposal. I think someone has spent a lot of time and money putting this together and I wish it hadn't gotten this far stated Mr Inman. ALLAN FREIBERG of - 7490 Odean Ave stated that he has proposed the dog kennel and is speaking in favor of it. I am glad you brought up the questions on the noise. Boarding, training and land being close to a residential area. We will be buying 25 acres to put this kennel on and it would separate us quite a bit from the residential area. It is not proposed to develop for ten to twenty years. We are planning on looking on the buffer zone. I have spent a lot of time on blueprints, and noise control. I went around to a lot of different kennels in residential areas and they control that noise. If they have a barking dog, they put it inside at night. They have devices that keep the dogs from barking. As far as property value, I don't believe it will depreciate the values of the surrounding area. I will not start up something that will cause a lot of problems. I have done a lot of research. It will offer the community more services. If you want to go on vacation, bring the dog in and board it. I plan on having training classes for dogs. The construction of the building will be insulated and the insides of the kennels will be glass board and easily cleanable materials. It will be cleaned every day with drainage on outside for dog wastes. The dogs will be locked in at night. The building will be a nice looking building with landscaping around it. It will be nice and clean said Mr. Freiberg. FRANK MORRISETTE of 14399 NE 89TH ST - I am an adjacent land owner to the project. I came up and talked with Elaine on the project and got the report and information from her. I think their was a lot of information in here. A year and a half ago my wife and I bought the property with full intentions of building a house there. We had full intentions. No decision was given to me as to what would happen to the land. When the plan was made to have this CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-9', AT 8PM -PAGE 3 - MINUTES Urban Development it helped my decision to purchase the property. We have the 101 project coming and it will connect us to #94. It will be a booming area. If the City doesn't put in insight to the project, we will have problems in the future. I think the City will benefit by opposing it. By putting the dogs inside, could you tell us why you would control barking? Al Freiberg said they have devices with loud noises that only they can hear, and it stops the dog from barking when they hear it. The dogs do not get conditioned to it because they are at the kennel for a short period of time. Mr Morrisette said the ultimate proposal will be 90 dogs. Mr Freiberg said that 40 units are now proposed with twenty dogs for the time being. You can get two dogs in per stall, but I will only have one. You need to have enough room. Mr Morrisette said ten to twelve dogs in a strange area and you will have barking dogs. It does decrease the value of property up to two miles away. I welcome dogs. I look forward to business opportunities. I live on a one acre parcel and choose not to have dogs. I don't want to disturb my neighbors. I can't imagine ninety dogs barking. Al, you are pretty good business wise, you will have cars coming in and out. There is a fair amount of traffic on Odean (37) now. The only benefit I can see is the City is getting themselves established and I hope they can take a good look at how it will effect land owners. More important, is how it will effect the City. MARY FREIBERG -7490 Odean Ave is the proposed kennel owner. She said the major issue is noise. Armstrong kennel in Anoka is probably the best facility in the State of Minnesota. i ney are a nice Taca.. 1LY . i ney ctrl area. You will not find barking d+ Dogs bark because they see motion , If the stall in the interior is en, able to see motion, or each other. planted so they will not see in th, glassboard rather than wiring. We of running radios softly to keep t purchasing a 25 A parcel to have a be away from the neighbors. Other would be particularly high in the training is not available in a thi can teach the dogs a....Not. to. r_u,n. C. Hunting tr.a.i._.i..�?.g.. Traffic pro real traffic problem. 80 MPH is t In an adult customer dropping off �.� (Odean) will be a highly traveled don't feel the kennel has anything TIM CLARK - 14960 70TH ST NE - My Inmans and I oppose it for the sam said. We were just up here and fo Sewerman and I can't believe we ar J.II Ct I Il M011 LC=11W V<aj.;4AV lgs in a well run facility. end they are barking at it. ;lased, they will not be There will be evergreens field. We plan on using have had recommendations ie dogs quiet. We are large enough land area to advantages to the City ;raining area, obedience •ty to forty mile area. We b...... W.i,t_h, bar.k.i.,no. prob.l.ems. )lems , #37 (Odean has a ie real traffic problem. x dog, at our facility, #37 •oad no matter what. I to do with the traffic. Land is adjacent to Gary reasons as Gary Inman fight this issue with up here fighting this. CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-9 AT 8PM- PAGE 4 - MINUTES SWENSON said that he would comment that everyone has the right to come here and make a proposal. That is why you are here. The system is working. JOANN KOLLES -7377 Odean - we are directly across the road from this 25 Acres. I think it is a wonderful business venture. This is a rural area and I am concerned about AM noise and Summer noise as I sleep late. I am a nurse and work late hours. I appreciate the quite country and the windows open, etc. Trees sound wonderful and I don't think they will be full grown right away. I have concerns with a business this large and someone being there 24 hours a day. Who is responsible when you are not there? For those reasons, I am opposed because of the rural area and that being a business venture. AL FREIBERG - stood up and Swenson requested that the questions be asked of the Chairman and if you have spoken already, please wait until the other people get a chance to speak. GROVER STAUFF -14866 70TH ST NE - I live next to these people. I work nights and like the quiet. I moved up here to sleep during the day. With 90 barking dogs I may not be able to sleep. I am against the proposal too. SCOTT BURSCH - 5764 Nelmark Ave - I am for this kennel. I am familiar with dogs. I live on the outskirts of Otsego. I prepared the drawing with the package that comes to the Council. Most all of these questions are valuable. It is insulated, heated and will be air conditioned. Many of these people work days, nights, etc. There will be dogs at residential homes interrupting during the day. This is a professional dog handler. There are devices that keep dogs from barking. They will not be putting 20' high trees out there. You have to look at #37 (Odean) and they do have 25 acres. It does serve as a service for the people around here. It would be convenient for me to have some place for me to take my dogs. Traffic on #37 (Odean) will increase either way. As far as the planned housing development, I agree it will be probably less than 20 years. I feel this is a service that will be a benefit to all the properties. I think you will have more problems with neighbors dogs than this kennel. MARK KOLLES - 7377 Odean - As far as the dogs, I am opposed to it. There is only one neighbor with dogs. I have been living there all my life, 38 years. MELANIE MORRISETTE - 14399 NE 89TH ST - I am opposed. The l proposed kennel is 50' from my property. In two years the J trees_ will not be grown to be a barrier with any sound. Armstrong Kennel has 20 years of tree growth. This is farm land with no barrier. The City has spent a lot of time and money preparing this plan. people will not want to come into Otsego and live next to a dog kennel. Ninety barking dogs gets all the rest of the dogs barking. Our land is lower CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-92 AT BPM - PAGE 5 - MINUTES than their land and this waste is coming into our land. It is effecting the whole rest of the community with a negative factor. I hope it doesn't go there. JEROME KOLLES - I have a seeing eye dog at my house and it is a well trained dog. If a dog barks, my dogs wakes me up. I am opposed. CLARA INMAN - I am opposed because this is a development that is not appropriate to the rest of the area. GARY INMAN - ELSIE ERICKSON - had an emergency and was unable to attend. She sent this letter with me. I am opposed to the dog kennel. (See Exhibit A attached) SCOTT BURSCH - In response to low level waste, this development will have the same type of septic system as you have in your house. it will comply to the same regulations as a residence. STEVE GLATZEL - 16200 62ND ST NE - I am not an adjacent land owner. I am asking how much land is the Armstrong Kennels on? Answer: About 40 acres, plus said Frieberg. AL FREIBERG - I appreciate that the neighbors are bringing up concerns. I don't want to have disputes between neighbors. I am trying to start a business. FRANK MORRISETTE - I have been to Armstrong Kennel and there are barking dogs. It is a well established, well maintained business that is well taken care of. They have many, many acres. I grew up on a 80 acre farm. It would be more advantageous on an 80 acre farm. They should look at that. MARY FREIBERG - I want to address a few questions. We do not plan on starting with seedlings, but between two and four foot trees. It should not be more than a few years that we should have a noise barrier. When we are out of town, we have employees staying there, watching our property and the business when we are gone. We are not living very far away. We are a piece of land away. We will be building a home on the land we are purchasing. If the dogs are out of hand we would be hearing it first. It would not be left unattended. The City has to figure the fact that this is Ag Zoning and we are purchasing 25 acres. We are asking for something and what we are asking for does fall within the permitted Conditional Use Permit. We Purchased it with this zoning. GARY INMAN - Said he is positively against and what is the next step? The P.C. will discuss he was told. If they are building a house on their land, would it be considered a Home Extended Business? SWENSON - said he doesn't know. It may need a parcel separated out for it. No other questions? We will continue the Hearing considerations and bring it back to J the P.C. If you have questions of anyone in the audience, you may direct them. LARRY, FgURN,I. R. ,-. Had a question for FRANK. MORF2_T_55ETTE,. Your land is on two sides of the Freiberg property? Answer: Yes, the full N & E sides. CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-92 AT 8PM -PAGE 6 - MINUTES SWENSON - You have read the report Prepared by Ms Stockman. What are your feelings? FOURNIER - Said there is a paragraph of NRC's Report of 24 ,Dec .91 . (Fournier Read from Pg. 3 after #5 as follows: "Specific land use policies, stated as part of the City Comprehensive Plan, protects urban residential neighborhoods from encroachment or intrusion of incompatible use types. Furthermore, residential development is to be protected from and located away from sources of adverse environmental impacts, including noise, air, and visual pollution. Finally, spot or premature commercial development must be prohibited. Based on these policies, the proposed use is not compatible with the intent of the Comprehensive Plan. It is obvious that inconsistencies do exist with the proposed kennel facility, however, the degree/relevance of such must be evaluated and a final determination made by the Planning Commission and City Council. This includes whether the use could function on an interim basis." FOURNIER - motioned to recommend denial of this request for the reasons that are in the above paragraph. LEWIS seconded the motion. LEWIS -- added the comment that she does feel that in a situation like this, the future plans for that area are density of 4 per 40A and that is a lot of potential for development there. f=urther down the road, it will not be anything but more dense. I fee]. it will be more appropriate in a Commercial or Industrial area. SWENSON - said that it seems this is a Commercial activity which fits better in a rural set up and we gust addressed this plan. MOTION - carried unanimously. SWENSON - stated the request has been denied because of the inconsistencies with the plan. He complemented the group for making the Chairman's ,job easy. FOURNIER - said we had a sign discussion. We all voted against billboards on 101, but we never gave any reasons. We should have some reasons in the minutes. LEWIS Said her reason was safety and ascetics. F_OUNIER - read some items. SWENSON - Said we should pass a motion to allow this to our next minutes. FOURNIER - Motioned to allow these items to be added to our Minutes of 12-18-91 Minutes. LEWIS seconded the motion. All voted in favor of the motion. The material read as f=ollows- So as to stay on legal grounds and provide justification in the event of a court challenge relative to a prohibition o•f' billboard, I believe the Planning Commission should go on record indicating the reasons why they we opposed to billboards. 1. Avoid problems of public safety resulting from driver i—) CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1-8-92 AT 8PM - PAGE 7 - MINUTES distraction. 2. Avoid conflicts of purpose in the Highway 101 area bordering the Wild and Scenic Recreational River District. 3. Minimize problems of sign clutter and resulting problems with onsite businesses and property identification and fairness to sign. RASK - asked to add: 4. It would be unfair to the onsite Otsego business to have 400 square feet. When the onsite Otsego businesses would have to comply with the onsite sinage ordinance. MOTION - carried unanimously. SWENSON - asked for any other business. FRESKE - told Swenson that he did a good job tonight. JACQUIE ROGNLI -Asked when the business information meeting would be on the Zoning Ordinance. No one knew. RASK -Motioned to adjourn the meeting. KOLLES seconded the motion. Motion carried unanimously. At 9:05 the meeting adjourned. JA S R KOLLES, SECRETARY MINUTES BY. Elaine Beatty, Deputy Clerk/Zoning Adm. eb I,)