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