Loading...
01-19-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 1 - The Planning Commission Meeting was called to order by Chair Carl Swenson at 8PM. The following Planning Commission Members were present: MARK WALLACE CARL SWENSON DENNIS MC ALPINE RON BLACK/CR ING ROSKAFT ARLEEN NAGEL/ALT GENE GOENNER The following Staff was present: Bob Kirmis/NAC Elaine Beatty, Deputy Clerk/Zoning Adm. The following Council Members were present: LARRY FOURNIER, COUNCIL NORMAN F FRESKE, MAYOR The minutes of January 5, 1994 Planning Commission were corrected by Ing Roskaft on Page 5, for clarification where it reads Swenson "clarify with DNR Paul Swenson", so it isn't confused as Carl Swenson, Planning Commission Chair. ING ROSKAFT MOTIONED TO APPROVE THE MINUTES AS AMENDED. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Agenda Item #3: Public Hearing for Conditional Use PUD Amendment for Lots 3 and 4, Block 1, Mississippi Shores 6th Addition to add batting cages to the business for Minn -E -Golf (Rudy Thibodeau): Chair Swenson explained the Hearing Process and how it is handled. Beatty noted that the proper publishing, posting and mailing was done. Bob Kirmis gave the Staff Report from NAC's Report dated 12/22/93. He said in the Spring of 1992 the City approved a 12,000 sq ft recreation hobby building, all for the lot West of the Minn -E -Golf building. Mr Thibodeau is seeking to amend his development plan. It is still Mr Thibodeau's intention to construct a second building on this lot as finances permit. The plans are tentative at this time. A number of approvals are required as follows: 1. A minor subdivision to combine the two existing lots. 2. Partial vacation of existing drainage and utility easements which exist between the two lots proposed for combination. 3. Planned Unit Development Conditional Use Permit to allow two principal buildings on a single lot. 4. A variance from the required side yard setback of 20 feet. The applicant wishes to construct the proposed batting cages + 14 feet from the subject property's side (South) property line. Mr Kirmis noted that a minor subdivision is approved administratively and he has no problem with it. The Thibodeau's request that the existing 50' easement for drainage in the center be reduced to 10'. The City Engineer is recommending it be reduced to 25'. The variance request as part of the original PUD request in 1992, the City approved a variance to allow the building to be constructed 10' from the property line. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 2 - This is on the South Side of Lot 4, from 25' to 10'. NAC has recommended vacation of utility easements subject to the City Engineer's comments. NAC has the following recommendation based on the review of the revised Minn -E - Golf proposal: 1. Approval of a minor subdivision to combine Lots 3 and 4, Block I of Mississippi Shores 6TH Addition, subject to review and approval of the City Engineer. 2. The reduction for the existing utility drainage easement which divides said Lots 3 and 4 from 50 feet to 10 feet and the reduction of the easement of the south side of Lot 4 from 25 to 10 feet, subject to review and approval of the City Engineer. 3. Approval of a Planned Unit Development Conditional Use Permit to allow two principal buildings on a single lot of record subject to the following conditions: a. Phase 2 of the development (second principal building construction) comply with all applicable performance requirements (i.e., setbacks, off- street parking, etc.). b. The submitted site plan is modified to show all off-street parking stalls, including those which currently exist. c. Signage is provided at the site's eastern parking lot which identifies its one-way circulation. d. The site plan is modified to illustrate specific trash handling areas. per Ordinance requirements, all refuse must be screened from view of all neighboring uses and public rights-of-way. e. Consideration is given to the future location of a loading area which must be constructed as part of Phase H. f. A continuous concrete curb is provided around all off-street parking areas. g. Bicycle racks are provided on site and illustrated on the site plan. The racks should provide a capacity equal to one bicycle for each two game devices (batting cages). h. The site plan is revised to illustrate existing septic system locations. i. Consideration is given to identifying a future drainfield location which may be necessary as part of Phase H of the development. j. A landscape plan is submitted which identifies the type, location and size of all proposed landscaping. k. The City Engineer provide comment in regard to the impact the proposed fencing may have upon site drainage. 1. The future phase H building footprint is sodded or seeded with grass. in. All site signage comply with applicable provisions of the City Sign Ordinance. n. The submitted grading plan is subject to review and approval by the City Engineer. o. The site plan is modified to illustrate all exterior lighting locations. All CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 3 - such lighting should be hooded and directed to reflect away from adjacent rights-of-way and residential properties. p. The applicant enter into a development agreement with the City and post all necessary securities. q. Comments from other City Staff. The final item relates to the variance to be determined by City Officials, as such approval of the PUD is dependent on the variance. Chair Swenson opened the public hearing and asked if anyone in the audience wished to be heard. JOHN WEICHT spoke and introduced MARGARET THIBODEAU: We presently must comply with all of the conditions he has listed. For your information, we don't feel there is any problem with the landscaping. They are a very nice operation in the community. Rudy and I toured some batting cages so I took some pictures. It is basically a fence with some pitching machines and some roof areas in it. The netting on the fence is black so it doesn't stand out. We would like to request the existing parking lot is serviceable and we ask that we don't have to rework the parking lot. At such time that the City gets City water and sewer, Rudy feels he would have to change it. We have talked about possibly building the new building on the site where the present building exists. We don't feel it is necessary to put that kind of expense into the existing site. We would comply with the ordinance. Rudy keeps a neat, well groomed place. 25' easement is totally acceptable said John Weicht. Pictures that were brought were kept for the Otsego record. Chair Swenson asked if anyone else wished to be heard. No one did. THE HEARING WAS CLOSED AND BROUGHT BACK TO THE PLANNING COMMISSION FOR COMMENT. Chair Swenson said there three different things being requested. Do these need separate action? Kirmis said they should be considered separately. Gene Goenner asked if building the batting cages is considered part of phase H? John Weicht said it is part of the planning of phase H on the second lot. GENE GOENNER MOTIONED TO APPROVE THE PUD AMENDMENT WITH THE CONDITIONS (A - Q with an Addition to F. "And provided on all new or altered off street parking". DENNIS MC ALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION: Ron Black - Said he would like the Engineer to address why Lots 3 and 4, the easement in between is not vacated. John Weicht said there is a 24' culvert which is oversized, going across and part of the drainage. It goes around the parking lot and part goes through. There is a 60' culvert so drainage can go to both sides of the property. Ron Black - Tom Thumb tore up their parking lot and is redoing it. I don't see CITY OF OTSEGO PLANNING COMMISSION MEETING OF 1/19/94 AT 8PM - PAGE 4 - why we need to add a curb to the parking lot that is not being modified. Kirmis said the Ordinance states that all parking lots need to be curbed and if you are upgrading the property it should be modified. Mr Black said if you get a building permit, and if you are tinkering in a particular area of the building, you don't have to upgrade. I feel the request to not upgrade the parking lot is valid. Carl Swenson said if this were allowed to stay at this time, would you have them upgrade the new parking lot? Mr Black said he felt that if there is anything done to the E parking lot, it should be upgraded at that time. Kirmis said maybe we should get the City Attorney's opinion. Mr Black said that is fair. We are not being asked for a gravel parking lot, or ignoring an eyesore. We could have a little flexibility. Carl Swenson asked if we could pass this with the condition that we are going to investigate and see if that can be granted? Ron Black said that the Commission can recommend anything it wants to the Council. Ing Roskaft asked if the parking lot is there and is satisfactory, when you are pouring a new parking lot and it is concrete, the concrete doesn't always work then the old parking lot surface. As it is it is working satisfactorily. Chair Swenson asked if the maker of the motion recommend adding to it? Gene Goenner - I personally don't feel the curbing is necessary. Tom Thumb is not altering the outside of the lot, but they are putting in curbing. Chair Swenson said that when the second phase goes in, the elevation may be altered also. Dennis McAlpine said the existing parking lot is a good lot and I don't think it would be a good idea to add curb to the existing lot. Gene Goenner said the new lot would need curb and if they alter the old lot it would need curb. Bob Kirmis said for information he recited the section of the ordinance on curbing. He said he is unsure if it can be waived or a variance is necessary. Gene Goenner asked how much are we vacating of the drainage easement. John Weicht said they can live with the 25' instead of 10' easement. GENE GOENNER MOTIONED TO VACATE THE DRAINAGE EASEMENT BETWEEN LOTS 3 AND 4 TO 25'. ING ROSKAFT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ING ROSKAFT MOTIONED TO APPROVE THE VARIANCE TO 10' BECAUSEIN APRIL OF 1983, WRIGHT COUNTY GRANTED THE LIQUOR STORE LOCATED SOUTH OF MR THIBODEAU'S PROPERTY A REAR YARD SETBACK VARIANCE. REASONS CITED FOR GRANTING THE VARIANCE INCLUDED THE ALLOWANCE OF MORE SPACE FOR CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 5 - PARKING AND TO ALLOW THE STRUCTURE TO LINE UP WITH THE EXISTING STORE FRONTS. DENNIS MCALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mark Wallace stated he doesn't see where there was a precedent from the other variance. Bob Kirmis stated that the request for the variance two years ago was approved. We consider the batting cage a structure. MARK WALLACE MOTIONED TO APPROVE THE SOUTH PROPERTY LINE OF L4, B1 REDUCTION FROM 25' TO 10' EASEMENT. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. This Thibodeau PUD Amendment will be on the City Council Agenda for the February 15, 1994 Meeting. AGENDA ITEM #4: Recommend to Council on the Wild and Scenic Ordinance: Chair Swenson stated that Andy MacArthur has not been able to contact Sandy Fecht on the Wild and Scenic Ordinance information so he had recommended postponing the recommendation to the City Council to the February 2, 1994 Planning Commission Meeting. ING ROSKAFT MOTIONED TO RESCHEDULE THE WILD AND SCENIC RECOMMENDATION TO THE COUNCIL FOR THE FEBRUARY 2, 1994 PLANNING COMMISSION MEETING. ARLEEN NAGLE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. AGENDA ITEM #5: Discuss Amendment to the Comp Plan (Land Use) to allow change in Ag to low density residential in Section 34, Twp 121, R24 (see map): Bob Kirmis explained that early in December the Staff met with Mr John Robeck who is in the audience. He is interested in splitting a lot in the SW 1/4 of Section #34, with Ag land the present zoning (1 per 40). The only way we can allow him to split his land would be to get a rezoning. The land use designation on his property and the surrounding property is AG. If he would consider rezoning the Staff feels a Comp Plan Amendment should be brought up by the Planning Commission and Council. There are advantages and disadvantages to Ag or low density residential designation. December 23, 1993 Bob Kirmis listed the issues. It is a very important item that has a far reaching impact. (See map Exhibit B) The SW quarter and the adjacent property to the East (See attached page #3 of NAC's Report of December 23,1993). Chair Swenson asked for any comments or questions. Arleen Nagel would you say something about the land E of this also? Bob Kirmis said that it was asked by a Council Member to look at the land E. 37 and 40 acres parcel to the East. Gene Goenner: What is the 37 and 40 acre parcel to the E used for now? Kirmis said Ag land. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 6 - John Robeck - The North part is Leander Becker's land. The front 40 acres is Joe Waxweiler and Gene Zachman is renting it. Ron Black said the intent of the Council is for the Planning Commission to examine the parcel plus the area E of it to encourage you to look at the broader picture. Carl Swenson asked if they would envision the land we are looking at stopping at Kadler? Ing Roskaft asked if we are taking about everything S of 37? Bob Kirmis said that is what the memo is addressing. Ing Roskaft - There was a fellow on 37 who had acreage that bordered Albertville who wanted to rezone and we turned him down. Ing Roskaft went over the land and explained what is good farm land there. S of 118 across from Robeck they had problems with water table. Robeck has quite a bit of swamp land. Robeck showed his map of his land. Ing Roskaft - The lot break down were all approved by the County and they went along with the Town Board on those divisions. Beatty brought up the wetland regulations and the City is the LGA and the wetlands have to be checked out if this were to be allowed as part of the process. Carl Swenson asked how do you want to get the information to make a recommendation? Ing Roskaft said he would recommend it not be granted. Chair Swenson said he felt it might be workable in a smaller group. Ing Roskaft said it is pretty hard to examine the land until a future date. It is a hard piece of land to divide and the piece to the E should remain Ag. I have been concerned with that portion of Otsego for quite sometime and I wasn't happy with the Kessler problem. Gene Goenner questioned for Bob Kirmis was the removal of the existing tree masses. I remember it was positive in the comp plan. Bob Kirmis said this was justification for residential. If it were used for farm it would preserve the trees. John Robeck said he has a problem with 13 acres. It is hard to do anything with it. There could be a building site on the road side. Gene Goenner didn't think it is a very good idea and I can pick out 3 or 4 reasons why he said. Annexation of Albertville and leap frog development. We are setting a precedent for that corner and any other residential areas in the A-1 area. I would just as soon hash it over at a meeting 45 minutes or an hour. Dennis McAlpine - I am also not in favor of it. I would like to set down and talk it over. It is an important move and someone will take advantage of it down the line. Carl Swenson said I agree and that is why I question if we wouldn't want to use a subcommittee. Ing Roskaft said we should have a site inspection in the Spring and no snow on CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 1-19-94 AT 8PM - PAGE 7 - the ground and you can see the whole area. If you are going to rezone you should rezone S of 118 and N of 118. Ing Roskaft suggested to continue this to the last of March of the first part of April and schedule a site inspection so we have it for the second meeting in April. It would do the Commission good to spend some time walking in that area. Chair Swenson asked if the Council had any time frame in mind? Ron Black said not that he is aware of. Ing Roskaft asked Mr Robeck if he is in a big hurry? He said no, that area was an 80 Acre and it would make some sense to straighten it out. Ing Roskaft - We have to consider the services the City would have to put in this area. ING ROSKAFT MOTIONED TO PUT JOHN ROBECK ON THE AGENDA FOR APRIL 20, 1994 AT 8PM AND IN THE MEANTIME WE WOULD DO A SITE INSPECTION. DENNIS MCALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Any other P.C. Business: There was none. DENNIS MCALPINE MOTIONED TO ADJOURN. ARLEEN NAGLE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Norman F Freske told the P.C. that Bruce Rask had called and he was going in tomorrow for back surgery. MARK WALLACE, SECRETARY MINUTES BY: Elaine Beatty, Recording Secretary 1-25-94 Amendment Justification Based on established Comprehensive Plan policies, there appears to be justification both for and against a change in the Land Use Plan as identified below. Justification for Agricultural Designation • The preservation of agricultural land is an established objective of the City. • Previous development allowances (under Wright County) technically constituted "leap frog" type development. City policy discourages such type of development. • Additional development in the area would increase service demands. Because the area lies isolated from Otsego's development core, service delivery from the City of Otsego would be difficult. • Increasing area service demand may provide justification for future detachment to Albertville. This would lie contrary to an established community goal of maintaining Otsego's jurisdictional integrity. • The City Policy Plan states that the spread of small scale non-farm subdivisions in agricultural areas is to be prohibited. • The City of Albertville's Land Use Plan (see Exhibit F) suggests rural development along its western border. Thus, low density residential development in the area would not be contiguous with development suggested by the Albertville plan. • The proposed development density runs parallel to an area planned for urban services. Justification for Low Density Residential Designation • The land area in question has limited agricultural potential due to sandy soil types, wetland containment, and existing forestation. • The land is already characterized by low density residential development with existing service demands. • The rezoning of the area would remove existing non -conforming density conditions. • Continuance of agricultural use in the area may prompt the removal of existing area tree massings. 3 — I N.[. 75th STREET --------' -I N.E wtt, ST. ------------------ ________________� , N.E. 70th STR([T } - — - --- ----------- ----------"--- ---------------- K.E. 70th SIRECrI Fk 1 , , 34 L 65th _---------------- ---- _ ---------------- Li ------y- -= �- -�`- --- -- ------- —_ - - ---- --------- -- - - --------------------------------- A-1 -��, 'D. sits:: �:: N.C. 904h sTR[CT mnm mmmmmmnmmnm nmmnmimmimmtimmilmmnitt l m mmimiunm EXHIBIT B - DETAILED SITE LOCATION/EXISTING ZONIN( 1 , 1 / ; \OEPARnMM Of ; TPANSMWAT*W IbGti[ of rAY PUT IWN[SQTA , N.E. 70th STR([T } - — - --- ----------- ----------"--- ---------------- K.E. 70th SIRECrI Fk 1 , , 34 L 65th _---------------- ---- _ ---------------- Li ------y- -= �- -�`- --- -- ------- —_ - - ---- --------- -- - - --------------------------------- A-1 -��, 'D. sits:: �:: N.C. 904h sTR[CT mnm mmmmmmnmmnm nmmnmimmimmtimmilmmnitt l m mmimiunm EXHIBIT B - DETAILED SITE LOCATION/EXISTING ZONIN(