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06-05-2023 Planning Commission MinutePage 1 of 7 OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER JUNE 5, 2023 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, Laurie Jones, Pam Black and Tracy Kincanon; Present City Council: Mayor Jessica Stockamp and Council Member Ryan Dunlap; Staff: City Planner Daniel Licht and City Clerk Audra Etzel. Absent: Commissioners Vern Heidner and Vice Chair Aaron Stritesky. 1.Announcements: City Planner Licht noted the PUD Concept Plan application for Stephs Garage was withdrawn by the applicant. Additionally, Commissioner Foster has been appointed as a full member. 2.Consider the Following Minutes 2.1 May 15, 2023 Planning Commission Meeting. Commissioner Foster said the minutes must be updated to reflect Chair Offerman was absent and the meeting presided by Vice Chair Stritesky. Chair Offerman said he did not attend the May 15, 2023 meeting and would therefore abstain. Commissioner Black motioned to approve the minutes as amended, seconded by Commissioner Jones. Voting in favor: Foster, Jones, Black and Kincanon. Abstained: Offerman. Motion carried 4-0. 3.Public Hearing Item: 3.1 Java Companies – Parkview Retail 3rd Addition: A.Conditional use permit for convenience food restaurant. B.Site and Building Plan Review. C. Vacation of existing drainage and utility easement. City Planner Licht presented the planning report. Applicant Mark Krogh, Java Companies, was present and agreed to the staff report. Chair Offerman opened the Public Hearing at 7:11 PM. There were no comments from the public. Chair Offerman closed the Public Hearing at 7:11 PM. 2.1 MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 2 of 7 Commissioner Foster asked about landscaping requirements if the landscaping does not survive. City Planner Licht said a security is required for a one-year period after planting and the property owner is required to replant any plants that are not healthy. Commissioner Offerman asked Mr. Krogh to identify the users. Mr. Krogh said there are two Letters of Intent for building tenants. Chair Offerman asked the Mr. Krogh to discuss the building orientation. Mr. Krogh said the site plan is laid out to put the width of building close to the Parrish Avenue (CSAH 42) to give each tenants the same visibility from Parrish. Commissioner Jones commented that the orientation of the proposed building should be facing east or south to match the other buildings in the area and so the activity is not facing the residential area. Commissioner Jones also asked about the location of the trash container storage. Mr. Krogh said they work with the waste hauler and the tenants to schedule pick-up during off hours. Commissioner Offerman asked about the access to the building. City Planner Licht said the building will be accessed off of Parkview Avenue NE. Commissioner Jones asked about the location of the east wall for Aldi in relation to the setback of the proposed building from Parrish Avenue (CSAH 42). City Planner Licht estimated the east wall for Aldi is setback 60 feet and the proposed building would be setback 40 feet. Mr. Krogh said their design meets all the setback requirements. Commissioner Kincanon asked if the doors facing Parrish Avenue (CSAH 42) will be used for the public. Mr. Krogh said the doors facing Parrish Avenue (CSAH 42) are not for public use. City Planner Licht noted flipping the building 180 degrees would not work for the drive through window because of access and circulation, but the building could be rotated 90 degrees and the drive through would be functional. Mr. Krogh said for this lot to work for the proposed uses, they need to have the site plan and building orientation as they have designed. Commissioner Black commented that the drive through is what is going to be seen when driving on Parrish Avenue (CSAH 42). Mr. Krogh said the elevation facing Parrish Avenue (CSAH 42) is not going to look the back of a building. Mr. Krogh said they have built similar buildings in other cities and it has worked well. Mr. Krogh said the proposed site plan and building orientation is how they are able to get the through to work on this property. Commissioner Black motioned to recommend approval of Conditional Use Permit, site and building plans, and vacation of drainage and utility easements for Lot 1, Block 1, Parkview Retail 3rd Addition, subject to the conditions as stated in the planning report, seconded by Commissioner Kincanon. Voting in favor: Offerman, Black, and Kincanon. Voting against: Jones and Foster. Motion carried 3-2. MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 3 of 7 Commissioner Jones stated she voted no based on the building orientation not being consistent with adjacent development. Commission Foster stated he voted no due to site plan and building orientation not being uniform with surrounding development. 3.2 Christian Brothers Automotive Corporation: A. PUD Development Stage Plan for a minor auto repair use. City Planner Licht presented the planning report. Paula Tolliver and Billy Green, Jr., Christian Brothers Automotive were present. Ms. Tolliver said Christian Brothers Automotive have been in business for 40 years with 277 stores, four are located in Minnesota. Ms. Toliver said the proposed use is servicing and minor repair, not major repairs and the hours of operation are 7am-6pm Monday through Friday and for the first six months after opening on Saturday. Mr. Green asked the Planning Commission to reconsider the condition recommended by City staff to prohibit overnight outdoor parking as there are times when a customer will need to drop off their vehicle outside their business hours Chair Offerman opened the Public Hearing at 7:52 PM. There were no comments from the public. Chair Offerman closed the Public Hearing at 7:52 PM City Planner Licht said the Planning Commission consider may consider allowing overnight outdoor parking in the stalls to the north or east of the building where landscaping will provide screening. Chair Offerman asked about limits on overnight parking in the area. City Planner Licht said there are not overnight parking restrictions within the area except for minor auto repair uses. Commissioner Jones if the service bays would be air conditioned. Ms. Tolliver said there is no air conditioning. Mr. Green said due to the service bay doors opening and closing, the service area would not be able to be kept cool. Mr. Green said only one of their 277 stores has air conditioning in the service bays. Mr. Green said that Christian Brothers may apply for a variance to allow the service bay doors to remain open. Commissioner Foster asked about ventilation for the service bays. Mr. Green there is a circulation system, but no air conditioning. MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 4 of 7 Commissioner Jones asked if they would comply with to the requirement for the doors being closed except when moving vehicles in and out of the service bays? Mr. Green said they will comply with requirement from the approved conditions. Chair Offerman wanted to know if there was an issue with having the doors open as long as they are following the noise ordinance? City Planner Licht said that the requirement for the doors being closed are intended to keep the noise inside the building and mitigate a potential issue with noise. Mr. Green said the compression room has noise proofing. Commissioner Jones said she has concerns with the aesthetics of the doors being open, in addition to noise mitigation. City Planner Licht that Tire Plus is subject to a requirement that the service bay doors remain closed. The applicants for the Steph’s Garage PUD Concept Plan also said they would comply with such a requirement. Commissioner Foster asked about the type of services provided and average cost. Mr. Green said the average services is about $600, including diagnosis. Commissioner Foster asked if Target approved of the project. City Planner Licht the letter from Target approving the proposed development under the private covenants is included in the packet. Commissioner Foster asked for confirmation that the owner/operator is on site. Mr. Green said this is a franchise and the owner/operator will be on site and adhere to the corporate policies. Commissioner Black motioned to recommend approval of a PUD Development Stage Plan for Christian Brothers Automotive, subject to the conditions as stated in the planning report, seconded by Commissioner Foster. All in favor. Motion carried 5-0. 3.3 Firearms No Discharge Map: A. Amendment to the Firearms No Discharge Map. City Planner Licht gave the planning report. Chair Offerman opened the Public Hearing at 8:21 PM Tim Neutgens, 13271 85th Street NE, said their home was hit twice in 2022 by firearms discharge from the property to the east. Mr. Neutgens requested the area between 85th Street and 83rd Street be included in the No Discharge Zone. Commissioner Kincanon asked if there was damage to the building? Mr. Neutgens said there was no damage to the house. MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 5 of 7 Dennis McAlpine, 13355 85th Street NE, has lived in his home for 55 years and has been putting up with hunters since living here. Mr. McAlpine said his home is 150 feet from the edge of the pond and he would like protection for the homeowners that live in the area. Mr. McAlpine requested that the area between 85th Street and 83rd Street be included in the No Discharge Zone. Lynelle Neutgens, 13271 85th Street NE, said she, Mr. Neutgens, and Mr. McAlpine have addressed the City Council at previous meetings regarding their property. Ms. Neutgens said the incidents that occurred were very alarming and she is not looking forward to the fall hunting season as she does not feel safe on her property. Shannon Ambrose, 8451 Nashua Ave NE, said (via on-line meeting) they bought their property in a rural area with the intention to hunt and farm. Ms. Ambrose said they are currently not hunting on the pond because they were unable to come to an agreement with the Neutgens. Ms. Ambrose added she feels it is premature to include their property in the No Discharge Zone as the area is still rural. Chair Offerman closed the Public Hearing at 8:36 PM Chair Offerman is a hunter noted the discharge rules are different when on a navigable public water. Chair Offerman explained hunter’s rights in regards to harassment, and discussed some options to legally discharge a firearms that apply regardless of the City’s regulations. City Planner Licht said staff is not dismissing the residents’ concerns and the offender has been talked to by the Wright County Sheriff’s Office; if further incidents occur the Wright County Deputies have the ability to issue citations and have the violation prosecuted by the County Attorney. Chair Offerman said he is concerned about changing the No Discharge Zone in response to one situation when other regulations can be used to address the issue. Commissioner Foster asked when the hunting seasons start? Chair Offerman said the hunting seasons are generally from September to the end of December. City Planner Licht noted the smaller of two Wildlife Management Areas within the City has had similar issues with shortfall, but the surrounding is still outside the No Discharge Zone. Commissioner Kincanon motioned to recommend City Council approval of an update of the Firearms No Discharge Map to be published by 1 September, 2023, as presented, seconded by Commissioner Jones. Voting in favor: Jones, Offerman, Kincanon, and Black. Abstained: Foster. Motion carried 4-0. Commissioner Foster is abstaining due to being undecided. MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 6 of 7 3.4 Zoning Ordinance Amendments: A. Definitions. B. Building type and construction. C. Off-street parking surfacing. City Planner Licht gave the planning report. Chair Offerman opened the Public Hearing at 8:56 PM No comments from the public. Chair Offerman closed the Public Hearing at 8:56 PM City Planner Licht noted for the record there was a letter from Christian Builders dated June 5, 2023 regarding the driveway ordinance amendment. Chair Offerman asked how the driveway completion is verified? City Planner Licht said installation of the required driveway is verified by the Department of Building Safety at the time a Certificate of Occupancy is issued. City Planner Licht said if the driveway and/or landscaping is not complete, sometimes due to season, an escrow is collected and held until the driveway or landscaping is in place. Commissioner Black how the driveway ordinance is applied. City Planner Licht said the Zoning Ordinance was updated within the last several years to require that any new homes built off of a paved street is required to have a paved driveway. Chair Offerman asked about properties that are required to provide a paved driveway but have not? City Planner Licht said the City will be following up on these properties as an enforcement action. City Planner Licht noted that the proposed ordinance amendment reduces the requirement for these properties from having to pave the full length of the driveway to only 35 or 65 feet, depending on the classification of the street accessed, to encourage compliance. Commissioner Jones motioned to recommend approval of an ordinance amending the Zoning Ordinance as presented, seconded by Commissioner Black. All in Favor. Motion carried 5-0. 4. Updates: 4.1 Updates on City Council actions Mayor Stockamp updated the Planning Commission on recent City Council actions. 4.2 Updates on future Planning Commission Items City Planner Licht updated the Planning Commission on future Planning Commission Items. MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 5, 2023 Page 7 of 7 5. Adjourn. Commissioner Foster motioned to adjourn at 9:04 PM, seconded by Commissioner Kincanon. All in favor. Motion carried. 5-0. Respectfully submitted by Audra Etzel, City Clerk.