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08-16-21 Planning Commission MinutesOTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER August 16, 2021 7:00 PM Call to Order. Chair Offerman called the meeting to order at 7:00 PM. Roll Call: Chair Alan Offerman; Commissioners: Charles Foster, David Thompson, Vern Heidner, Jim Kolles, Aaron Stritesky, Richard Nichols* and Pam Black; Absent: None; Present: City Council: CM Tom Darkenwald and CM Jeff Dahl*. City Staff: City Planner Daniel Licht and City Clerk Audra Etzel. Those indicated with a (*) attended via video conference. 1. Announcements: City Clerk Audra Etzel was present for the first time tonight. The application by Interstate Development has been withdrawn by the applicant and will not be considered by the Planning Commission or acted upon by the City Council. Staff handed out a letter to the Planning Commission regarding the Hanson Heights application. 2. Consider the following minutes: 2.1 Planning Commission July 19, 2021. Commissioner Black noted a change regarding the word "precedent" on page 3 of the draft minutes. Commissioner Thompson motioned to approve the July 19, 2021 minutes as amended, seconded by Commissioner Stritesky. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 3. Public Hearina Items: 3.1 J Kolles A2 District A. Zoning Map amendment rezoning from A-1, Agriculture Rural Service District to A-2, Long Range Urban Service District. B. Conditional use permit to subdivide one lot +/- 10ac in area with indirect access to a public street. City Planner Licht presented the Planning Report. The applicant was not present. Chair Offerman opened the Public Hearing at 7:08 PM. No one from the public spoke. Minutes of the Otsego Planning Commission August 16, 2021 Page 2 Chair Offerman closed the Public Hearing at 7:08 PM. Commissioner Heidner asked about subdivision of the remainder parcel and extension of streets. City Planner Licht said the street layout for the farmstead parcel would need to be identified on a concept plan when the remainder parcel is developed. Commissioner Stritesky asked if the property owner is required to subdivide the property. City Planner Licht stated that the timing of development is determined by the property owner and when developed, extension of streets and utilities would be reviewed. Commissioner Thompson asked if Staff has seen a preliminary plat for this property? City Planner Licht stated city staff has only had preliminary discussions with the property owner and a potential developer, which occurred several months ago. Commissioner Stritesky motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan, seconded by Commissioner Thompson. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 Commissioner Thompson motioned to approve a Conditional Use Permit allowing administrative subdivision of a lot with an area less than 20 acres within the A-2 District, subject to the seven conditions as stated in the staff report, seconded by Commissioner Black. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 3.2 Hansen Heights: A. Preliminary plat/PUD-CUP of approval for Hansen Heights revising the number of single family lots from 123 to 131. City Planner Licht presented the Planning Report. The applicant Henry Hanson of VHF Investments, LLC, was present and agreed to the staff report. Commissioner Heidner asked how many phases are proposed? Mr. Hanson said there are three phases planned. Mr. Hanson also noted that the developer recently acquired the 10 acres east of the proposed plat abutting CSAH 38. Minutes of the Otsego Planning Commission August 16, 2021 Page 3 Chair Offerman opened the Public Hearing at 7:24 PM. Frank Morrisette, 7460 Odean Avenue NE, asked who is the owner of the property? Planner Licht said VHF Investments is the owner and will develop the land; they will sell the lots to D.R. Horton to build the homes. Mr. Morrisette asked if the 90 -acre development site needs to follow the noxious weed ordinance? Planner Licht said yes and staff had recently inspected, noting that undeveloped property larger the one acre is excluded from grass height limits. Robert Cote, 14670 72nd Street NE, stated that this site was already approved for 123 lots and he does not recommend approving for additional lots. City Planner Licht said the property is zoned R-4 District and the proposed lots meet the minimum requirements meaning the City cannot deny the request. Commissioner Thompson asked about standards for transitional lots. City Planner Licht said all the lots abutting LIN -BAR Estates are the same size as previously approved and comply with the transitional lot requirements established by the Zoning Ordinance. Frank Morrisette asked how this proposed development is different from the 2019 plans. City Planner Licht said the street layout is the same, the only thing that has changed is the number of lots within certain blocks, which was accomplished by reducing the proposed width of the lots to the zoning district minimum. Gary Inman, 7272 Odean Avenue NE, thought this hearing was regarding incorporation of the Oleke property within the plat. City Planner Licht said the property in question is included in this development. Chair Offerman closed the Public Hearing at 7:35 PM. Commissioner Stritesky motioned to recommend City Council approval of a preliminary plat/PUD-CUP and final plat for Hansen Heights, subject to the sixteen conditions as stated in the staff report, seconded by Commissioner Black. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 3.3 The Bancorp Group, LLC.: A. Comprehensive Plan Amendment City Planner Licht presented the Planning Report. Applicant, Paul Robinson of 5433 Dupont Avenue S, Minneapolis and with Bancorp Group, Inc., was present. Mr. Robinson understands the City's desire for industrial Minutes of the Otsego Planning Commission August 16, 2021 Page 4 development. After reviewing the prior discussion by the Planning Commission, the developer has scaled down their project. They feel 77th Street creates a buffer and will also provide an additional buffer to the west of Kaleidoscope Charter School. The proposed lots have sufficient depth to create a buffer from the future commercial to the east. Mr. Robinson said this is a modest plan for eleven lots and there is available sewer at the West Waste Water Treatment Facility. Chair Offerman opened the Public Hearing at 7:46 PM. No one from the public spoke. Chair Offerman closed the Public Hearing at 7:47 PM. Chair Offerman asked about the procedure for noticing a public hearing. City Planner Licht said an additional notice was not required due to the minor changes from the previous request. Chair Offerman was concerned that a notice was not sent to the affected property owners. Commissioner Foster agrees with Chair Offerman that a new notice should have been sent regarding the hearing being brought back to the Planning Commission. Commissioner Heidner had a concern regarding Lot 1, as it is close to an industrial road. City Planner Licht said Staff did request a roundabout for this intersection and said the driveway concern would be considered with a future subdivision application. Chair Offerman questioned why would the Planning Commission reconsider the revised request. Commissioner Black agreed and said if approved these eleven homeowners are not going to want industrial development nearby. Commissioner Stritesky agrees that residents would be upset once industrial development continues. Commissioner Heidner again stated he is concerned about the street. Commissioner Thompson thought this would maybe be a better location for an apartment. Mr. Robinson added the proposal for the deep lots was to create a buffer from the future commercial to the east and to have some residential around the school to create more of a community. Mr. Robinson also said the developer would notify buyers with a deed restriction to the properties. Chair Offerman is concerned about the precedent of amending the Comprehensive Plan. Commissioner Stritesky said a change to commercial would be more acceptable based on the planned use to the east. Christina Cagle, 14754 72nd Street NE, said as a parent with elementary school children, it would be appealing to have residential houses surrounding the school. Minutes of the Otsego Planning Commission August 16, 2021 Page 5 CM Heidner noted the Kaleidoscope School was zoned industrial, and a piece at a time is being rezoned. Chair Offerman asked about the future. Planner Licht is getting pressure to develop to the north and property is guided for industrial. Commissioner Thompson motioned to recommend denial of amending the Comprehensive Plan guiding Lots 1 and 2, Block 2 Dara Glen for Low Density Residential land uses as presented on the revised concept plan. Seconded by Commissioner Stritesky. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 Chair Offerman asked if a notice can be sent if an application is being brought back to the Planning Commission? Commissioner Darkenwald asked if this should be further reviewed by the City Attorney. City Planner Licht said the City would need to address the statutory timelines for a decision and a policy needed for when a hearing would be renoticed. The Commissioners further agreed a noticing process should be more transparent. Council Member Darkenwald said the City Council will discuss this issue at a further work session. 4. Updates: 4.1 Updates on City Council actions. CM Darkenwald updated the Planning Commission on recent City Council actions. 4.2 Updates on future Planning Commission items. City Planner Licht updated the commissioners on possible future agenda items. No meeting on September 7, 2021 5. Adjourn. Commissioner Stritesky motioned to adjourn, seconded by Commissioner Heidner. Voice Roll Call: Those for; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 Adjourned at 8:1 Alan Off maV, Chair ATTEST: Audra Etzel, City Clerk