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10-06-93 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/6/93 AT 8PM - PAGE 1 - Chair Carl Swenson called the meeting to order at 8PM. The following Planning Commission Members were present: GENE GOENNER MARK WALLACE ARLENE NAGEL/ALT CARL SWENSON ING ROSKAFT DENNIS MC ALPINE RON BLACK/CR The following Council members were present: Norman F Freske, Mayor Larry Fournier, Council The following Staff was present: Bob Kirmis, NAC Elaine Beatty, Deputy Clerk/Zoning Adm. Agenda Item #2: Consideration of Minutes of 9/15/93: Roskail motioned to approve the minutes as printed. Dennis McAlpine seconded the motion. Motion carried unanimously. Agenda Item W. HARE STEWART, OF HAREFIELD FARMS Request for PUD Rezoning on the property presently Zoned B-3 and a CUP/PUD on A-1, AG Parcel, (Darkenwald's property). (DARING Continued from 9/1/93 P.C. Meeting) Chair Swenson explained that this is a Continuation of Hearing and Bob Kirmis explained the Report from NAC's Office of September 29, 1993. Kirmis explained this is being requested to be rezoned from A-1 and B-3 to PUD. The site and building plan approval is requested. Exhibit B was explained. Expansion of the B-3 Zoning District is requested at such time as this use is terminated. The owner has chosen to go thru this at a later time rather then now. In ten (10) years the requested use will be terminated. Based on review, NAC's Office has recommended approval. ( See attached Pages 2 and 3 of NAC's Report Dated 9/29/93. Kirmis stated that the use of the land is what is now being considered. Swenson - Stated that this Hearing was opened last meeting and since we have continued the Hearing, does anyone wish to be heard? DAN DEGE - Architect for Harefield Farms spoke, and he had information on a larger scale then the report from NAC available at the meeting and he is available to answer questions. HARE STEWART, owner of Harefield Farms introduced himself and MERLE BLOOM, his right hand man and asked if there were any questions. Roskaft said on B-3 Commercial Zoning the building will be enlarged so after the lease is terminated, if it is not renewed it goes back to A-1 and B-3 Zoning. Kirmis said it is being expanded and will need to be subdivided to clean up the line. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/6/93 AT 8PM - PAGE 2 - Roskatt asked if it would continue to be there under the B-3 Zoning? Kirmis answered, yes. Goenner asked why don't we have them combine those lots now as is is being used as a principal use. Secondly, what happens if it continues longer then 10 years ? Kirmis said that Mr Darkenwald has indicated that he doesn't wish to pursue rezoning at this time. We are trying to accommodate him with a PUD so we can regulate the use. Roskatt said he understands that Co Rd #42 has changes of property lines and there is a problem with the description. GEORGE YANKOUPE, of Darkenwald Family Partnership said they have provided surveys of the entire property inclusive of where the road bed was. It is two site lines and a road bed. This has all gone back to Mr Darkenwald, but have not been united into the parcel. We will take it over to Doug Gruber, Co Assessor and straighten this all out. Swenson asked if there were any other questions. Goenner asked what happens if this proposed use continues past 10 years? Kirmis said it will have to be addressed from the Developers Agreement. The Planning Commission will have a chance to review the Developers Agreement and offer recommendations to the Council. As far as the specific language, Mr Kirmis stated he did not know how that would read. Chair Swenson closed the PUD/Rezoning portion of the Hearing at this point and continued the rest of the Hearing. Roskatt motioned to approve the concept of the PUD as recommended by NAC in their memo of September 29,1993. He also recognized that the City Engineer has recommendations that should be adhered to. Roskatt withdrew his motion. Roskaft motioned to approve the PUD Rezoning for the property described and recommended by NAC's Report of September 29, 1993. Wallace seconded the motion. Goenner said he felt that the line consolidations would be better done at this point rather than avoid the problem with a PUD. Swenson asked if that meant he intended to vote against this motion. Goenner said yes. MOTION CARRIED, with Goenner voting no. Continuation of the Hearing on the PUD Site Plan. Kirmis explained that what is being proposed is the existing structure is being added to with two large wings. One of those to the West and a greenhouse to the South along #42. Two green houses are being proposed also in the AG zoned area with rock storage in the center to be fully screened from 442 and a variety of landscaping. There are three stages to this which are as follows: CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/6/93 AT 8PM - PAGE 3 - 1. Concept Plan 2. Development Plan 3. Final Plan No's 1 and 2, Mr. Stewart has requested approval together. NAC has recommended approval said Kirmis and he read Page 2 of NAC's Report #2, A -M (See attached copy). Kirmis said we have received comments from the City Engineer and the City Attorney. The City Attorney has recommended a Developers Agreement (See attached letter). Kirmis read portions of the City Engineer's Letter of Recommendations (See attached copy). This is the last time you will be looking at this proposal. Tht Developers Agreement will be part of the flnal plan. Is there any questions I can answer? Swenson asked if there were any questions on the PUD Site and Building Plan? If not, this portion of the Hearing is now closed and a motion is in order. Roskaft motioned to approve the PUD Concept Site and Building Plan with the final plan be subject to examination of the Planning Commission and recommendations of the City Engineer be adhered to. Goenner seconded the motion. Roskaft noted that the business on weekends of this nursery could be very heavy and asked if there was any place on this plan where it shows overflow parking. Kirmis said that their main concern was them meeting the Ordinance requirements. Anything over that we would expect Mr Stewart to expand the parking. There is ample land for the parking lot. Hare Stewart said he would like to be able to have to expand the parking. They have presently 20-25 spaces and it is a busy lawn and garden center. We have had one or two times when overflow parking was required. McAlpine said that there are some neighbors to the South. Have they been notified? Beatty said that on AG land they are notified 500' arouw,' -.he property and it was published and posted. He asked if they will have ample room. Hare Stewart answered that nothing will be thrown in the back. They have a compost pile and everything is recycled and reused. Dan Dege said that they have taken a lot of time putting the landscaping on the land and it should do nothing but good things for that corner. MOTION CARRIED UNANIMOUSLY. This item will be on the Council Agenda of 10/11/93 at 7:30PM Agenda item #4. HEARING to consider an Amendment to the Rural Area A-1 Ag one per forty portion of the Zoning Ordinance. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 10/6/93 AT 8PM - PAGE 4 - Chair Swenson asked if the proper notices had been, mailed, published and posted. Beatty answered, yes. Kirmis explained NAC's Report of 9/29/93. He read #6 of the first page of the Ordinance Amendment. Ile said that #4. Each parcel shall contain more than two residential parcels had been deleted. This is to clarify if the rear or back 40's are eligible for one per forty transfers. Swenson asked if anyone wished to be heard. No one did so the Hearing was closed and it was brought back to the Planning Commission. Goenner said Item #4, did we go from two previously to one or a total deletion? Kirmis said Item #4 as currently listed in the Ordinance is deleted. There will be a cluster, but no number is mentioned now. Wallace motioned to recommend approval of the proposed Amendment to the Zoning Ordinance to the Rural Area A-1 Ag 1 per 40. Goenner seconded the motion. Motion carried unanimously. Agenda Item #5. Any other Planning Business. Black noted that the City Council did adopt the Accessory Building Ordinance Amendment at the last Council meeting. Beatty added it was published today so is now in effect. Wallace motioned to adjourn the meeting. Roskatt seconded the motion. Motion carried unanimously. MARK WALLACE, SECRETARY Minutes by: Elaine Beatty, Recording Secretary W. "EXHIBIT A A " RECOMMENDATION Based on the following review, our office recommends approval of the following: 1. Rezoning of the 14 acre property from A-1, Agricultural rural Service and B-3, General Business to PUD, Planned Unit Development subject to the following conditions: a. The applicant and/or property owner provide proper legal descriptions of the parcels to be rezoned. b. The PUD zoning is not established until 'such time as final stage PUD plan(s) approval is received. C. At the property owners request, the property revert back to the properties current zoning designations at such time when the proposed use is terminated. This item should be specifically addressed in the PUD development agreement which shall govern the use of the subject property. d. Comments from other City staff. 2. PUD concept plan/development plan approval subject to the following conditions: a. The off-street parking area is modified to provide two handicap stalls as required by State law. b. The off-street parking area is expanded so that row -end parking stalls are provided "backing" space. C. The commercial facilities parking lot is hard surfaced in asphalt, concrete, cobblestone or brick with a perimeter curb. d. The site plan is revised to designate an off-street loading space. The loading space should be screened from view of adjacent rights-of-way. e. The City Engineer provide comment in regard to the acceptability of the 30 foot wide curb cut access to County Road 42. f . All applicable provisions of the Floodplain Ordinance are upheld. g. The submitted grading and drainage plan is subject to review and comment by the City Engineer. h. The City Engineer provide review and comment in regard to sewage treatment. i. The site plan is revised to identify trash handling areas. All trash handling equipment shall be screened from view of adjacent properties and rights-of-way. j. The submitted sign plan is modified to specify sign dimensions (i.e., area, height). The proposed sign must comply with applicable provisions of the City Sign Ordinance. k. The following conditions are imposed on the site's outdoor sales/service area: (1) Outdoor sales not occur beyond the designated sales area as identified on the submitted site plan. (2) The sales area not take up required parking and/or loading space. (3) The sales area is surfaced in a manner appropriate to control dust. 1. The applicant/property owner enter into a development agreement with the City. M. Comments from other City staff. "EXHIBIT A" r^vUMNT HAS BEEN COPIED TO Wil & S. Radzwill RAZWILL LAW OFFICE O lNGIL v Attorneys at Law 705 Central Avenue East _.nilret YX MacArthur P. O. Box 369 M; h" ouri S int Michael, Minnesota 55376 Stanle A.�ilison (612) 497-1930 1` �y f iaRNEY (612) 497-2599 (FAX) r!TYENGINEER P.ANNIING COMMISSION 'il:6il Mr_ Rnh Kirenis �_O Assistant Planner NAC 5775 Wayzata Blvd. Suite 555 St. Louis Park, MN 55416 RE: Hare Stewart PUD Proposal Dear Bob: John DeLaundreau, Financial Analyst Kris DeLaundreau, Accounts Receivable Jean Aydt, Secretary September 30, 1993 J ' I J � 1 in i Per your request, I have reviewed those plans submitted by Hare Stewart for construction of a nursery operation on the old Darkenwald auto dealership site. The proposal appears to be for a PUD which, - would extend over property presently zoned B-3 and A-1. From the information submitted it appears that the developers contemplate that a portion of the actual commercial site would be rezoned from A-1 to B-3 since the surveyor's map .indicates that the present B-3 zone only includes a portion of .the property to be used for commercial sales. Apparently, this matter is to be heard by the Planning Commission at their meeting next Wednesday. The Darkenwald properties (both Government Lot 1 and Government Lot 2) were removed from the Wild and Scenic in 1985 by rule amendment. At around the same time, the Wright County Planning Commission granted rezoning of the property into three separate zoning classifications; Tract A was rezoned A-2, General Agriculture, Tract B (the car lot) was rezoned B-1, highway Business and Tract C was rezoned B-1, Highway Business. Otsego was incorporated in 1990 and passed its own Planning and Zoning Ordinances in 1992. Those ordinances designate the majority of the property as A-1, Agricultural and a small portion of it as B-3 (that area which generally covers the old auto lot). It is my understanding that use off this property as an auto sales lot was discontinued approximately four years ago and that no use has been made of said property since that time. The surveyor's drawing indicates that the present B-3 zoning classification would only cover a small portion of the proposed use and would cut right through the proposed structure. September 30, 1993 Mr. Bob Kirmis Page 2 The applicant, Harefield Farms, Inc., submitted as proof of an interest in the property a lease agreement with Darkenwald Realty. The description on that lease is too ambiguous to indicate what property is actually being leased. The owner, Darkenwald, needs to provide adequate verification of ownership, as well as exactly what property is being leased prior to final approval. I have reviewed NAC's report of September 29th regarding this matter and would concur in their recommendations, as well as the following: 1. Developer's Agreement (PUD Contract) be entered into between the Cite and the owr-„rs and lessee specifically describing the proposed PUD area, what uses are being approved, all necessary security and specifically identifying the overall area of the PUD and describing the specific areas to which zoning will revert to the underlying zoning when the use is terminated. 2. Clarification that the PUD applies to only the presently planned nursery and not to other uses for which the property might be used, absent prior approval of the City. I note that the lease specifically indicates that the lessor has the right to "take back” a portion of the property within the proposed PUD for""higher density" uses at any time during the term of the lease. 3. Developer's Agreement needs to specifically state what events will result in termination of the agreement -and reversion to previous zoning. If you have any further questions, please feel free to contact me. Very truly yours, Andrew MacArthur RADZWILL LAW OFFICE AJM/lml cc: City of Otsego Larry Koshak Dan Dege Hare Stewart George Yankoupe " EXHIBIT B" Hakanson Anderson Assoc.. Inc. October 4, 1993 Elaine Beatty, Deputy Cler., City of Otsego 8899 Nashua Avenue tJG Otsego, MN 55330 Re: Harefield nUD Request Dear Elaine: IZZ Munroe Strec: Atioka, Minncso!,; 55303 612idi j •ri�6fl Fax Gi2i427.3401 I „«ve re%,iewe d 4::F irifC t _c_,Yl men !::}- ;.�.:t� l� r:�Is, ' r . C1.4y Planner of NAC, and yourself --hroug.',1 CI'1r' ar ? i.c.- !nes. I have the following comments: ?tett 1: AccesF 4o the p:. opa-rty onto r-'S-k1d4 4 must be reviewed by the Wright County eng{na-er. lr. _"e dra.rings provided, non: have show.- A con.figuratzon of .tie intersection at CCAH42 dna TH101 an:! its tela*icnship to thh entrance, at the p•rcpo:�.d site. T ;e access location is cr;tical due ;:o the turnA4.rtr� it:ot_;.oi:s that t; e prop:YGal will generate. Item Flood plain ell-�vatioi! at t1h15 ".� appaars to be 850 fee` above sea level. A grading and drainage plan will by required. Any filling in the flood plain will require ,orrmi-s frcn the Carp. of Engineers and the D142. rter 3: The City is :n thr.. ,�;-..,ems of ccl..;w-dr,-in.-(ye � ri t . �. ,.. �s ._ a _3 � ung :-_a.�e. �en�.s over the creek_ located in the northeast,�:rri part of the property. It ;.s estimated t1hat 4t lest 100 icet of Pass n'W`11 be necessary to be dedicated to t! -,e Litt/ from the cen--n 'i line of the creek each way, The e]seiiient will not, aCCording to the Site gl n, affect the proi;csal. it i� cur reco;^r.:e::�«tion t :at the easere,7t be acquirec during, this F��n r�qut.�t. It PM 4 : Since no put -I. c 31ta-1-v i cue for water and sanitary sewer are available in the area, ". ,e. i;•:Flcpre t sl:«? _ gave a potable water well, tested and app.! avec. 'the DpdrC:'tr i,t of Health.and a septic tank Jdra inf field meeting th4 Ciry f s ordi;; tzces . it should be ::c :e that the drainf"ield needs >�. be o:it of Flood Main and t:ie trench bottom, mu5r_ be th. ee feel.-3L.Wf• the 'lLlghest. Y.� aw:: water table, mottled soil and i..coci Ty:_ `reitr-ent sl5tar^, will need --o be aaprUved prior tr, issuance ,_,t: a b;il iinq Elaine Beatty, Deputy Clerk Page 2 October 4, 1993 gm 5: The preliminary site plan ;las same inaccuracies in the sc ax' ed dimensions of the a ;teal parcel boundary in shape and length. All plans must be drawn to scale. Item 6: It is recommended that a storm r: ateY holding pcnd be used for receiving and di_charging runoff fr=z. the site to rile creek. Bused on the comments above, it is our op::nion that app•r_.val can be given along with ot;;er staff approval rscomrnendati-cns. Yours truly, HAKAirSON ANDER.-SON 'r_SSOCIAi'E'S, INC. /mlc cc: Bob Kirmis, NAC Andy MacArthur, Radzwill Law office File: OT2:11-79