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Item 3.1 02-07-22 Planning Commission MinutesOTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER FEBUARY 7, 2022 7:00 PM Call to Order. Chair Offerman called the meeting to order at 7:00 PM. Roll Call: Present: Chair Alan Offerman; Commissioners: Charles Foster, David Thompson, Vern Heidner, Jim Kolles, Richard Nichols*; Absent: Aaron Stritesky and Pam Black; Present: City Council: CM Tom Darkenwald, Mayor Jessica Stockamp* and CM Tina Goede*. City Staff: City Planner Daniel Licht and Deputy Clerk Bethany Benting. Those indicated with a (*) attended via video conference. 1.Announcements: City Planner Licht noted Commissioner Nichols is attending via video conference and in accordance with State law he can only participate in discussion but will not vote. Both Mayor Stockamp and CM Goede are also observing online. City Planner Licht announced this will be Commission Thompsons last meeting. Commissioner Thompson first meeting was recorded May 7, 2001. Since, he has attended 238 out of 254 meetings. City Planner Licht thanked Commissioner Thompson for his time and dedication to the City of Otsego. Deputy Clerk Benting also said in those 21 years serving as a commissioner to have only missed 16 meeting due to either work or planned vacation days is very impressive and also thanked him for his commitment and time as an Election Judge. Commissioners also were very grateful for his time. Commissioner Thompson said this has been a great experience and probably won’t miss the work, but will for sure miss the people. 2.Consider the following minutes: 2.1 Planning Commission December 6, 2021. Commissioner Foster motioned to approve the minutes as written. Seconded by Commissioner Kolles. All in favor. Motion carried. 5-0. 3.Public Hearing Items: 3.2 Kwik Trip/CUP: A.Conditional Use Permit for a commercial car wash and motor fuel station. City Planner Licht presented the Planning Report. Applicant, Dean George, Kwik Trip, Inc., was present reviewed the issues outlined in the staff report regarding the site plan, traffic impacts, and compatibility issues. Mr. George said that Kwik Trip had investigated options for the site plan, but this is the best Item 3.1 Minutes of the Otsego Planning Commission February 7, 2022 Page 2 design for functionality. Mr. George said that Kwik Trip is willing to install additional landscaping and a fence along the west property line to mitigate the issues raised by City staff. Chair Offerman opened the Public Hearing at 7:21 PM. Dan Willenbring, Tamarack Development, Inc., owns subject site and the Parrish Meadows townhomes development and spoke in support of the Kwik Trip application. Chair Offerman closed the Public Hearing at 7:23 PM. Commissioner Heidner stated the site design limits visibility of the fuel islands and inside of the store for customers on Parrish Avenue (CSAH 42). Commissioner Heidner also said he feels the layout will cause noise issues for the homes to the west. Commissioner Thompson said that he likes the groceries offered by Kwik Trip in addition to being able to buy gas and get a car wash. Commissioner Thompson said this would be another option in the area noting that Holiday is always busy. Commissioner Thompson also asked about hours of operation for the car wash. City Planner Licht stated the ordinance establishes the allowed hours, which may be extended by the Planning Commission and City Council. Commissioner Foster asked how the size of the proposed Kwik Trip is compared to the existing Kwik Trip at TH 101 and CSAH 38. Mr. George said the one proposed would be approximately 2,000 square feet bigger primarily because of a larger kitchen. Mr. George noted that the recommended limit on hours would mean that semi-truck noise and car wash noise would end at before or midnight or after 8:00AM when the store is open. Mr. George said that Kwik Trip operates entirely with pay-at-the-pump or pre-pay inside the store, so there are no public address system announcements to authorize pump use. Commissioner Foster asked about the amount of landscaping within the site. City Planner Licht said that the site plan exceeds the requirement of the Zoning Ordinance with 44 percent of the area landscaped, which he agrees is accurate. Chair Offerman said he likes the Kwik Trip stores, but wants to have all of the conditions recommended by City staff resolved. Commissioner Heidner agreed he likes Kwik Trip stores, but doesn’t like the layout of the site plan and the issues it will cause. Minutes of the Otsego Planning Commission February 7, 2022 Page 3 Commissioner Foster said he likes that the site plan hides the view of the pump island and canopy from view of Parrish Avenue (CSAH 42). Commissioner Heidner asked what the area of the site is. City Planner Licht said the site is approximately 120,000 square feet in area. Chair Offerman stated the Commission is not able to redesign the site at the meeting based on the recommended conditions, but is to decide if the use is appropriate. Commissioner Heidner said he thinks the Commission should discuss the conditions and make recommendations. City Planner Licht said that City staff has reviewed their concerns about the use and site plan with the developer, but the developer chose to present this application. The Planning Commission should consider whether to approve the development as proposed or with the conditions recommended by City staff. City Planner Licht noted that the conditions could be modified to require further review by the Planning Commission and City Council of revised plans. Commissioner Heidner asked Mr. George if they evaluated other possibilities for the site design. Mr. George said yes, but that Kwik Trip believes this to be the best option for their operation. Commissioner Nichols questioned the need to revise the site plan as he does not believe noise will be an issue based on the canopy location proposed. Commissioner Nichols suggested the Commission table the application more information is needed, but said he is in favor of approving the application. Mr. George said that based on the access limitations to the site the location of the access to Parkview Avenue would be the only exit for any development of the subject site and commented that the fence suggested by Kwik Trip would block headlight glare from the pump islands and the site exit to Parkview Avenue. Commissioner Kolles asked what property would be left in the area of 90th Street (CSAH 39)and Parrish Avenue (CSAH 42) if Kwik Trip were approved? City Planner Licht summarized the existing, approved, and planned commercial areas along Parrish Avenue (CSAH 42) surrounding the subject site. Commissioner Thompson noted that there are two apartment buildings nearby with residents that would patronize the proposed Kwik Trip. Chair Offerman asked about modifying the stormwater basin along Parrish Avenue (CSAH 42) to allow for a drive aisle around the building that would eliminate the backing maneuvers. Mr. George responded that the project engineer would need to review that idea. Minutes of the Otsego Planning Commission February 7, 2022 Page 4 Commissioner Foster asked where other locations are in the City that a motor fuel station and car wash would locate. City Planner Licht identified other potential locations in the City that have access and visibility to major traffic corridors that would be desirable for a motor fuel station and car wash use. Commissioner Thompson asked if there has been negative feedback from the Kwik Trip at TH 101 and CSAH 38. City Planner Licht said this proposed site does not have semi- truck parking, which is what the concerns received by City staff from the TH 101 and CSAH 38 location are regarding. Commissioner Thompson motioned to recommend approval of a conditional use permit for Kwik Trip #1204, subject to the conditions stated in the Planning Report, with the following conditions being deleted: 1. The site plan shall be revised subject to review and approval of the Zoning Administrator to: a. Locate the fuel canopy east of the principal building in the yard facing Parrish Avenue (CSAH 42). b. Eliminate the need for fuel and store delivery vehicles to perform backing maneuvers to access and circulate within the site. Seconded by Commissioner Foster. Those in favor: Kolles, Thompson, and Foster. Those opposed: Heidner and Offerman. Motion carried. 3-2. Chair Offerman stated he opposed the motion as it did not include all of the recommendations of City staff. Commissioner Heidner stated he opposed the motion for the same reason. 3.2 2022 Accessory Building: A.Amendment of the Zoning Ordinance regarding accessory buildings and uses. City Planner Licht presented the Planning Report regarding accessory building location. Chair Offerman opened the Public Hearing at 8:04 PM. Minutes of the Otsego Planning Commission February 7, 2022 Page 5 Ryan Thomas, 15198 96th Street NE, asked about a requirement that there be no attached garage. City Planner Licht clarified that the Planning Commission was reviewing revised text at the meeting that did not require there be an attached garage. Mr. Thomas also asked about foundation and material requirements for a detached accessory building on his property. City Planner Licht explained that the Zoning Ordinance currently requires a foundation or slab-on-grade framed construction, which is not proposed to be changed. City Planner Licht said that the exterior materials must be the same or similar as used on the house upon the property. Mr. Thomas said it would save him a lot of money if he would be allowed to build a pole building. Commissioner Thompson asked where the detached accessory building could be placed. City Planner Licht explained the terms front yard and required front yard. The required front yard is the minimum setback. Commissioner Heidner said that the Zoning Ordinance already allows an attached garage forward of the house and the proposed amendment would allow a detached accessory building in addition to that. Commissioner Thompson then asked if a detached accessory building were to be built in front of the house, what would the front setback requirement be? City Planner Licht said the front setback would be 35 feet, which is the same as required of the house. Commissioner Foster asked what the side yard setback would be for a detached accessory building. City Planner Licht said that the side yard setback requirement for a detached accessory building greater than 200 square feet in area is 10 feet, which is the same as required for the house. Commissioner Nichols asked if someone could also build a small shed instead of a garage or larger building. City Planner Licht said that there was no minimum area proposed for a building located forward of the house within the front yard. Commissioner Thompson motioned to recommend City Council approval Section 1 of the proposed ordinance regulating accessory buildings as presented. Seconded by Commissioner Foster. All in favor. Motion carried. 5- 0. City Planner Licht presented Planning Report regarding pole building regulations. Chair Offerman noted that the public hearing was still open. Minutes of the Otsego Planning Commission February 7, 2022 Page 6 Tanner Voeller, 14126 62nd Street NE, explained his request to have the Zoning Ordinance requirements for pole buildings reviewed. Mr. Voeller noted he is able to still build a detached building, but he would like to have the option to construct a pole building as other properties on his street had been allowed in the past. City Planner Licht explained the proposed amendment is to eliminate the requirement for a five-acre minimum lot area to be allowed to construct a pole building, but not to otherwise change the areas of the City or the number and size of detached accessory buildings allowed for these properties. Commissioner Heidner asked about the boundaries of the Urban Service Expansion Area Rural Residential Preserve. City Planner Licht explained the map included as an exhibit to the Planning Report. Commissioner Thompson motioned to recommend the City Council to approve Section 2 of the proposed amendment of the Zoning Ordinance regulating accessory buildings as presented. Seconded by Commissioner Kolles. Those in favor: Heidner, Kolles, Thompson, and Offerman. Those opposed: Foster. Motion carried. 4-1. Commissioner Foster stated he opposed the motion as he favors the current five acre minimum lot area requirement for pole buildings. City Planner Licht presented the Planning Report regarding swimming pool safeguard regulations. Chair Offerman noted that the public hearing was still open. Mark Spaude, 13084 96th Street NE, is considering putting in a pool and is looking at the safety requirements. Mr. Spaude said the Zoning Ordinance currently states you need a fence but he feels it is easy to get into. Mr. Spaude is asking that the Zoning Ordinance be amended to allow for an automatic cover in place of a fence. Mr. Spaude said it is possible to install both a fence and a cover, but that the cost adds up. Mr. Spaude said that the sales company is working with would be willing to attend a Planning Commission meeting and answer questions. Commissioner Heidner asked what the cover material is made out of. Mr. Spaude explained information provided to him by his salesperson. Jessica Stockamp, 15243 81st CT NE, said she owns a pool that has an automatic cover and a fence and is a certified pool operator. Ms. Stockamp said they have needed to replace two pool covers since their pool was built and have the closing mechanism Minutes of the Otsego Planning Commission February 7, 2022 Page 7 repaired regularly and during these times the automatic cover does not provide a safeguard for access to the pool. Ms. Stockamp explained that it is necessary at times to let the pool “air out” with the cover open putting others at risk. City Planner Licht noted that City staff does not support the proposed amendment. Commissioner Heidner asked if the cover comes with a warranty. Mr. Spaude said he didn’t know. Council Member Darkenwald asked if the sales company provided the info about other jurisdictions that allow automatic pool covers in lieu of a fence that was provided in the packet. City Planner Licht said yes. Commissioner Heidner noted that an automatic cover will require replacement over time. Commissioners Foster commented that the main reason for a cover seems to be keeping debris out and to keep heat in. Commissioner Heidner commented he is not comfortable with only a cover as a safeguard and that there still should be a fence. Commissioner Foster asked why bigger cities haven’t passed an ordinance allowing only an automatic cover as a safeguard, for example Edina, Golden Valley, Eden Prairie, etc. Mr. Spaude said he did not know. Chair Offerman he does not favor amending the ordinance to allow automatic covers in lieu of a fence without City staff recommending it. Chair Offerman closed the Public Hearing at 9:17 PM. Commissioner Heidner motioned to recommend the City Council to approve Section 3 of a Zoning Ordinance amendment regulating accessory buildings as presented, except deleting the following provision: C.1.b. Automatic Pool Covers: No vertical barrier shall be required if an automatic pool cover that complies with the standards of F1346-91 of the American Society of Testing and Materials (ASTM), as may be amended, is employed in the closed position when the swimming pool is not in use. Minutes of the Otsego Planning Commission February 7, 2022 Page 8 Seconded by Commissioner Foster. Those in favor: Heidner, Thompson, Offerman, and Foster. Those Opposed: Kolles. Motion carried. 4-1. Commissioner Kolles opposed the motion as he does not believe the safeguard is necessary for the City to require. 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. 5.Adjourn. Commissioner Thompson motioned to adjourn. Seconded by Commissioner Foster. All in favor. Motion carried. 5-0. Adjourned at 9:26 PM. ______________________________ Alan Offerman, Chair ATTEST: ________________________ Bethany Benting, Deputy Clerk