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09-01-93 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 1, 1993 - 8PM -PAGE 1 - The meeting was called to order at 8PM by Chair Carl Swenson. The following Planning Commission Members were present: ING ROSKAFT ARLEEN NAGEL/ALT RON BLACK/CR DENNIS MC ALPINE GENE GOENNER CARL SWENSON BRUCE RASK JIM KOLLES Staff present was as follows: BOB KIRMIS/NAC ELAINE BEATTY/OTSEGO City Council present was as follows: DOUG LINDENFELSER, NORMAN F FRESKE, LARRY FOURNIER AGENDA ITEM 2: CONSIDERATION OF NINUTES OF 8/8/93 Roskaft motioned to approve the minutes as published Nagel seconded the motion. Motion carried unanimously_ AGENDA ITEM 3: WAYNE KESSLER - 301 Circle Lane, St Michael, MN #118- 800-343203. Property is located in Sec 34, Twp 121, R24 N of 60TH ST NE and E of Jaber Ave NE. Request is for a Subdivision and it is brought forward with the preliminary and final plat simultaneously. Chair Swenson explained how the Hearing would be conducted. He asked if the proper notices had been posted, published and mailed. Beatty answered yes. Kirmis explained NAC's Report of August 25, 1993. This property was recently rezoned PUD, Planned Unit Development. The conditions of approval was the property be subdivided as the concept plan. Approval was recommended approval by NAC, subject to 12 conditions. Kirmis read 1-12 Pages 1 & 2 of NAC's Report of August 25, 1993. He stated that: 6. No additional right of way needs to be dedicated. 10. A Memo from the City Attorney was received and a short -form Developer's Agreement with security requirements should be entered into. 12. We have received comments from the City Engineer and City Attorney. NAC has recommended approval subject to the conditions as read. The Hearing was opened to comments from the public. (No one cared to be heard) The Hearing was closed and brought back to the Planning Commission. Swenson asked if there were any questions from the Planning Commission. Goenner motioned to approve the Kessler Development with the twelve conditions from NAC's Report being adhered to. Roskaft seconded the motion. With the 13TH condition being added that the City Attorney draft a short -form Developers Agreement for the applicant. Motion carried unanimously. This will be placed on the Council Agenda of. September 13. 1993 at 7:30PM. AGENDA ITEM 4: HAREFIELD FARMS, INC 13650 Hanson Blvd, Andover, MN (Darkenwald's). Property is PID #118-500-262200. Property is located in Sec 26, Twp 121, R23, and is W of State Hwy #101 and N of Co Rd #42 (River Rd) CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 1, 1993 AT 8PM -PAGE 2 - Request is for PUD Rezoning on the property presently Zoned B,3 and a CUP/PUD on the A-1 AG parcel to the North. Swenson asked Beatty if the proper notices had been Published, Posted and mailed. Beatty answered Yes. Kirmis explained. Rezoning and a site and building plan is required. The Staff hasn't received sufficient information for either request. The legal description needs some work to straighten out the legal descriptions. NAC has not yet prepared a report because of the lack of information. NAC recommends a continuation of the Hearing. Mr Hare Stewart owner of Harefield Farms was in the audience. Swenson asked him if he knew when the material would be available? Mr Stewart said he did not know. George Yankoupe, spoke and said he is Gil Darkenwald's Son -In -Law. He said they spent some time the other day with Judy and Elaine and went over the tax statements. He passed out some information and explained that the yellow part of property on the map did not get a tax statement. Doug Gruber, Wright Co Assessor is willing to work with us to get the proper tax statement. The 54 Acre parcel should be reduced in size to 52 acres. We have a situation where Mr Stewart will go through and do the pians, but he wants approval of the concept plan if possible. Dan Dege, Architect for Mr Hare Stewart, spoke. There is a considerable amount of cash outlay to go further and the Client wishes to have some kind of indication by the Commission that this is feasible. This will be retail greenhouses with green stock as well. Mr Kirmis did flt this into the Comprehensive Plan as Commercial. We are here informally to get an idea. Swenson felt we can't take action with the amount of information we have. You have requested a formal Hearing to be held and we have no information. Motion by Roskaflr to continue this item of Harefleld Farms to October 6. 1993 Planning Commission Meeting. Rask seconded the motion. Motion carried unanimously. AGENDA ITEM 5: RICHARD KINCANON - 17939 Joplin St, Ells River MN 55330, PID #118-500-204202. Property is located on Nashua Avenue S of 85TH St and E of Nashua. Request is for Rezoning from A-1 AG, to A-2 (4 per 40). Swenson asked Beatty if proper publications have been made. Beatty answered Yes. Kirmis explained NAC's Report of August 17, 1993. The request is for Rezoning from A-1 to A-2 (4 per 40). This property is located in the Long Range Urban Service Area. It is a buffer service area. NAC has recommended approval of the requested rezoning. CITY OF OTSEGO PLANNING COMMISSION MEETING M NUIES OF SEPTEMBER 1, 1993 AT 8PM - PAGE 3 - At this point the Hearing was opened to the public. Diane Constant - On 24 acres is this rezoning allowed? Kirmis answered that he is allowed two lots with the rezoning, one lot for 10 acres of land. He is requesting a rezoning. Tom Hudson - Is he building homes? Beatty said one home. Kim Peterson - What is he doing to develope this land? Kirmis explained. Dennis Chuba and Jean Kincanon.- Mr Chuba stated they represented Richard Kincanon. The purpose of Rezoning to A-2 is to build a house. The main purpose is to cut 24 acres into two home sites. The new house will be built fronting Nashua Ave NE. Kim Peterson - 85Th and Nashua. At the time the house was put in the back yard The setback was 30'. How close would that house be to ours? Kirmis - It will have to meet Ordinance Setback Requirements. The side yard is 30' and rear yard is 50' setbacks. Swenson asked and no one else wished to be heard. The hearing was closed and brought back to the Planning Commission. Arleen Nagel - this area has a water problem and I would like to see this addressed. Her concern is it would produce more water. Kirmis - Right now what is being addressed is density. Those items will be addressed as part of the Building Permit process. Swenson asked if there were any other questions? He stated that the Staff has recommended approval as this being consistant with the comprehensive Plan for Otsego. Roskaft motioned to approve the Rezoning from A-1 to A-2 (4 per 40) because the Staff has recommended rezoning and based on NAC's Report dated August 17, 1993. Rask seconded the motion. Goenner - A point of information. What is different about this than the Havel property ? Kirmis - This qualifies as a minor subdivision (no more than 2 -lots). McAlpine - Where does Mr Kincanon plan to put a driveway? Coming off of Nashua Ave? Kirmis - There has been no subdivision proposal yet, just a rezoning request. Motion carried with Goenner abstaining, This item will be on the Council Agenda of September 13, 1993 at 7:30PM 6. DENNIS MOORE, 8930 Ashley Terrace, Brooklyn Park, MN 55443. Property is located N of Co Rd #39 and E of Odean between M[ssissippi Parkwood and Antelope Park Developments. Request is for Rezoning from R-3 (Residential) to PUD. Beatty noted that proper notification had been made. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 1, 1993 AT 8PM -PAGE 4 - Kiinlis - Explained that Mr. Moore wishes to construct two (2) twin homes on the property. The rezoning is necessary because twin homes are not an allowed use in the district. We are trying to use the PUD to allow reasonable use of the land. The Staff has had contact with Mr. Moore for at least two years. 92ND Circle was extended to the property line in anticipation of the property developing. He has submitted site plans and house and concept plans. NAC recommends approval from R3 to PUD Rezoning, as follows: Page 2 & 3 of NAC's Report dated August 27, 1993. Kiimis read the recommendations. Item J. Engr Koshak offers recommendations of one treatment system per unit or a cluster treatment owned by an Association. One additional concern by the City Engineer is that the developer should compensate the City for access rights to 92ND St Circle. NAC has recommended approval of rezoning and concept. At this point the Hearing was opened to the public: Tom Regor - Are these going to be individual units, or could it be the person could purchase a unit and turn it into rental property? Kirmis - At this stage, I understand they would be individually owned. It they wanted to change it, the development would need to be reconsidered Mr Moore - Stated that his intentions are for individual ownership. They could be rented if not sold immediately. Bob Anderson - Is there a reason why they couldn't have four single family homes instead of two twin homes? Kirmis - Answered basically the triangle shape of the lot. Power line easements and large setbacks on County Road #39 are a problem. If we were starting from scratch, it may have been part of Mississippi Parkwood Development or Antelope Park Development. Jeff Schaney - Asked about the cul -du -sac. Dave Cederberg - If this goes from a private property to rental, would it have more meetings? Kirnvs - Answered yes. A public hearing would be required in his opinion. One Resident - Asked if the Association was being formed solely for four units? Kirmis - Answered yes. One Resident - Asked if there is any concern about a cluster septic system seeping faster than a normal system? Swenson - We are maintaining the same density. Is there any concern about the cluster system? I think we can safely answer, no concern. A Resident - Stated he previously lived in a quad home. I find they are lower priced then single family dwellings. It would be a problem, if it were to become a rental property. That was the main reason we moved in. Other residents said they agreed with that, and it was the main reason why they had moved.. One gentleman had concern about ownership of twin homes. We have a concern that these twin homes will turn into rental properties. If we are about to rezone these homes, will the other properties be able to do the same? The Current Board has consistently pushed to get Otsego in the upper class. We don't want Otsego to become just another community. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 11 1993 AT 8PM -PAGE 5 - Moore - Said they were not able to negotiate with Antelope Park on this. One Resident - Said he is upset because he did not know about this before he picked his lot out. Is 92ND Circle the only access for this property? Beatty answered yes. At this point the Hearing was closed, and it was brought back to the Planning Commission. Rask - Said he is totally against the cluster drainfield, because this is a difficult piece of property. This home property has been developed for one acre lots. I don't know why we can't put one nice house on the lot. McAlpine - Will this have 4 -water systems, or one well? Moore - Said whatever the City Engineer recommends. Lice Mr Rask said, it will be hard for the owner to maintain the systems. There are two twin homes. I don't think it will be feasible to put in a large system. Goenner - I feel we are not considering the consistency of the plan. I understand that it is not the best property in the world, and we shouldn't try to force something that's not totally buildable. Black - H. Has the Staff considered review of the Home Owners Association as well as review of the restrictive covenant? Kirmis - It would be part of the review process. Black - If this concept were approved, could the requirements be that it not be rental property? I know it has been done. I think we have to consider the other properties. I think the concerns that have been raised are legitimate. Once a property becomes an investment property it is a nightmare for everyone. Rask - A question for Mr Moore. If you could have gotten into Antelope Park or Mississippi Parkwood, would you have built single family homes? Moore - I think it could have been laid out. Swenson - Any further questions? Goenner motioned to deny the PUD Rezoning Request. Rask seconded the motion Motion carried unanimously-. LRezoning was deniedl This will be added to the Council Agenda of September 13 1993 at 7:30P Rask motioned to Adjourn the meeting Goenner seconded the motion. Motion carrjed unanimously MARK WALLA &, SECRETARY Minutes by: Elaine Beatty, Recording Secretary ME