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ITEM 3.3A Planning 8.4.2014 Minutesi-ri=-mi 3-3AL OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER August 4, 2014 7:00 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Richard Nichols, Aaron Stritesky, Steve Schuck and Jim Kolles. City Council: CM Vern Heidner. Staff: Daniel Licht, City Planner; and Tami Loff, City Clerk. 1. Consider the following minutes: 1.1 July 7, 2014 Planning Commission Meeting. Commissioner Thompson motioned to approve as written. Seconded by Commissioner Schuck. All in favor. Motion carried. 2. Public Hearing items: 2.1 Kaleidoscope Charter School. A. PUD -CUP amendment and site and building plan review for expansion of Kaleidoscope Charter School. B. Preliminary and Final Plat. City Planner Licht presented the Planning Report. Applicant Kaleidoscope Charter School Representative Paula Higgins, Executive Director, 7625 Kalland Avenue NE and GLTA Architects, Steve Posh were present and reviewed the project. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:11 PM. Commissioner Schuck asked if the school district came in would we require them to pay the park dedication fee. City Planner. Licht said yes. CM Heidner said it is used for trails. Hearing no comments from the public Chair Black closed the Public Hearing at 7:13 PM. Commissioner Thompson motioned to approve a PUD -CUP, preliminary and final plat and easement vacation for expansion of Kaleidoscope Charter School, subject to the twelve conditions listed in the Planning Report. Seconded by Commissioner Nichols. All in favor. Motion carried. 2.2 Jalger Avenue. A. PUD -CUP to allow a lot to have less than the minimum frontage to a public right-of-way required by the Zoning Ordinance. B. Vacation of a portion of the public right-of-way for 100t" Street east of Jalger Avenue. City Planner Licht presented the Planning Report. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:19 PM. Hearing no comments from the public Chair Black closed the Public Hearing at 7:21 PM. Commissioner Stritesky motioned to recommend City Council approval of vacation of portion of public right-of-way for 100th Street east of Jalger Avenue and a PUD -CUP allowing the lot at 9090 100th Street to have less than the minimum frontage to a public street required by the Zoning Ordinance, subject to the following one condition listed in the Planning Report. Seconded by Commissioner Thompson. All in favor. Motion carried. 2.3 Arbor Creek 3rd Addition- OHW, LLC. A Repeal Section 20-27-9 of the Zoning Ordinance requin q a 1,000 foot setback between an existing feedlot that is registered under the provisions of Section 20-27-2.B of the Zoning Ordinance and any new residential dwelling. City Planner Licht presented the Planning Report. Applicant BL Holding Representative Larry Olson, 13519 Apollo Street Lino Lakes, reviewed his request. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Planner Licht noted that he had received a call from Tom Berning of Berning Family Dairy, Inc. prior to the Public Hearing. Chair Black opened the Public Hearing at 7:30 PM. Denise Pedersen, 11904 78th Street NE, said she lives in this neighborhood and that there is already a continuous manure smell and a bad smell coming from the Wastewater Treatment Facility. Ms. Pedersen said she never would have bought in this neighborhood if she knew and that she is opposed to the proposed amendment. Bonnie Hallerman, 11576 80th Street NE, asked if building would be allowed on the north side of the 80th Street. Planner Licht said the proposal is to repeal both. Ms. Hallerman asked if the Wastewater Treatment Facility expansion would be at the expense of the taxpayers. City Planner Licht said the system users pay. Ms. Hallerman asked is this will affect the agriculture zoning of their property. City Planner Licht said it will only affect this property. Rachel Meehan, 11603 80th Street NE, said the applicant bought knowing the requirements and questioned what has changed since then that those requirements should no longer be in effect. Roger Erdman, 7797 Laselle Court NE, said he agrees with previous speaker; this ordinance was established for a reason and stated the smell is bad at times. 2 City Planner Licht said to clarify this is not a change initiated by the City; State Statute allows any property owner to apply for amendments to the Zoning Ordinance and the City must process those requests. Tom Berning, 11848 80th Street NE, owner of Berning Family Dairy, Inc., said he remembers speaking on the feedlot 20 years ago regarding an expansion; there is a lot of history on why this requirement was set up. He is not in favor of having houses closer it was set in place for a reason and would ask for it to continue. Commissioner Thompson questioned why the feedlot was not allowed to expand prior to the 1998 Comprehensive Plan and Zoning Ordinance update when the feedlot setback was established. Mr. Berning said yes there was a moratorium at that time. City Planner Licht reviewed the history concerning past regulations of feedlots. Commissioner Nichols asked why there are utilities within that 1,000 foot setback. City Planner Licht said there is a trunk sewer line through it that is why the street was extended and stubbed for future development, which was paid for by the developer. Additional comment from Denise Pedersen, 11904 78th Street NE, said that there are sounds from having dairy farm near and the brightness of the lights from the farm. Rachel Meehan, .11603 80th Street NE, said she has the house at the end of fence; she said she has horses and the street ends at the pasture and she feels like she will be pushed out at some point and has concern with that. Chair Black closed the Public Hearing at 7:50 PM. CM Heidner gave an update on the Wastewater Treatment Facility digester that has failed. He stated the original had been designed with not enough capacity and that the City is looking into a fix. Commissioner Nichols asked what the setback from non-registered feedlot is. City Planner Licht said there is no setback to a non-registered facility. Commissioner Nichols said when the current feedlot rules were enacted it was a huge process and he doesn't see any reason to change. Commissioner Thompson said he sees both positions but not sure should agree to the amendment. Commissioner Kolles said he agrees with Commissioner Nichols and Commissioner Thompson stating it's not the right time to appeal and should stay as is. Commissioner Schuck, Commissioner Stritesky and Chair Black all agreed with the fellow Commissioners. 3 Commissioner Thompson motioned to recommend the City deny the application based on finding that the request is inconsistent with the Comprehensive Plan. Seconded by Commissioner Nichols. All in favor. Motion carried. 3 Non -Public Hearing Item. 3.1 Zoning Ordinance update. City Planner Licht presented the Planning Report; reviewing Kevin Brand, 8480 Packard Avenue NE, request to review setback for his property. To address City staff is proposing to amend the Zoning Ordinance to provide an exemption from the 65 foot setback requirement for the properties located along 85th Street and Page Avenue and additional item raised by Mr. Brand is the accessory buildings which City Planner Licht reviewed as outlined in the Planning Report. City Planner Licht also reviewed the request by Commissioner Stritesky on accessory buildings in the R-4 District. Commissioner Nichols stated he doesn't have a problem with accessory buildings he said this proposal just doesn't make it simple. He stated this item is brought up every couple of years and he has a hard time wanting to be flexible. Make it a size and stick to it he suggested. Commissioner Nichols said he does like the 1,080 square feet maximum suggested. Commissioner Stritesky reviewed the reasoning for his request. Commissioner Schuck said he likes the idea of cumulative square footage and he agrees with the 1,080 square feet maximum suggested but he doesn't think should change the whole thing. The Commissioners directed City Planner Licht to prepare a survey of what the neighboring cities are doing and bring back for review. 4 Update on City Council actions. CM Heidner updated the Commissioners on City Council actions. 5 date on future Planning Commission Agenda items. No applications at this time. 6. Adjourn. Commissioner Stritesky motioned to adjourn. Seconded by Commissioner Nichols. All in favor. Motion carried. Adjourned at 8:43 PM. 19 -dLck'14- Pam Black, Chair ATTEST: JVVW"VV 4d Tami Loff, City Clerk