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06-15-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15, 1994 AT 8PM - REGULAR PLANNING COMMISSION MEETING --------------------------------------------------------------------------------------------------------- 1 CHAIR SWENSON WILL CALL. MEETING TO ORDER, Chair Swenson called the meeting to order at SPM ROLL CALL: CARL SWENSON BRUCE RASK ING ROSKAFT RON BLACK/CR DENNIS MC ALPINE ARLEEN NAGEL MARK WALLACE The following Staff was present: Bob Kirmis, Planner Elaine Beatty, Deputy Clerk/Zoning Administrator Larry Fournier, Council was present, as was Mayor Norman F Freske 2 CONSIDERATION OF MINUTES OF JUNE 101994: ING ROSKAFT MOTIONED TO APPROVE AS PRINTED, BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. KM 081 IN X-10111.0121 III X 01 ti IN • •► '1j V Is, I&I eel we U I ox"I 1 NOW11 [01141111• .• • • • •. r 1. • Chair Swenson explained how the hearing would be run. Bob Kirmis explained the NAC Report of May 27, 1994. They have requested a Special home Occupation of plastic injection molding in their home. Due to possible adverse impact, the Ordinance dictates a Public Hearing. There are two types of Home Occupations. 1. Permitted Home Occupation 2. Special Home Occupation (Kirmis explained both) The applicants were present. Bob Kirmis explained background information from the report. This machine would be located in their garage. It would be a low-key type of operation. No customer business interaction. UPS truck visiting approximately twice a month. NAC has recommended approval, subject to 10 conditions. (See 1 - 10, Page 2 of NAC's Report) Bob Kirmis stated he was open to questions. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15, AT 8 PM - Page 2 - HEARING WAS OPENED TO THE PUBLIC: Russ Balimaut: Lives a couple of houses down, concerned with noise. Mr Olson presented a letter to the Chair from the manufacturer of the equipment as to noise, etc. No power surges. Press remains at a steady rate. User friendly, etc. This is a brand new press with no alterations. The garage is insulated on all walls. Chair Swenson asked if anyone else wished to be heard. No one did so the Hearing was closed to the public and brought back to P.C. Dennis McAlpine asked about UPS trucks and why are we restricting? Bob Kirmis said they are anticipating one or two deliveries a month. Dennis said he wouldn't want any conditions. MARK WALLACE MOTIONED TO GRANT THE SPECIAL HOME OCCUPATON LICENSE, BASED ON THE RECOMMENDATION'S OF THE STAFF. ARLEEN NAGEL SECONDED. MOTION CARRIED UNANIMOUSLY. Elaine Beatty noted that this has been posted, published and mailed. Mark wanted to make sure it is a CUP. Bob Kirmis said it is a Special Home Occupation License. 4 CONTINUE HEARING ON THE HERITAGE PRESERVATION ORDINANCE: Carl Swenson explained the Continuation of the Hearing. CARL SWENSON REOPENED THE HEARING. IT WAS TURNED OVER TO BOB KIRMIS. Bob Kirmis high -lighted an item raised. The State Statutes grant the Heritage Preservation Comittee a number of powers. He would like to elaborate on same. The granting of use variations would be the P.C. and the City Council. We didn't feel the Heritage Preservation Committee should have that ability without the City Council. He explained that a lot of this Ordinance reiterates what is in the State Ordinance. Andy MacArthur, City Atty. has reviewed the changes. Hearing: Opened to the Public. Hearing was closed and brought back to the P.C. Carl Swenson asked for any questions? ING ROSKAFT MOTIONED THAT APPROVAL BE GRANTED FOR THE ORDINANCE ON THE HISTORICAL PRESERVATION. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15, 1994 AT 8 PM - Page 3 - COUNCIL MEETING OF 6/27/94 - HERITAGE PRESERVATION ORDINANCE: Bob Kirmis explained the two amendments. A AMENDMENT TO ESTABLISH PRE-SCHOOLS AS A CUP IN THE INS, INSTITUTIONAL DISTRICT• Currently these pre-schools are permitted uses stated Bob Kirmis and explained. He had no other comments. HEARING OPENED TO THE PUBLIC: Pastor Greg Paugh, Christ Lutheran Church in Otsego. They are the only INS Zoned Facility that has a Pre -School. He spoke in opposition to this amendment. One year ago at this time, we were in the planning process for the opening of the Pre -School. We were zoned Residential Zone previously. It was felt INS Zoning would be more compatible. $800 to $900 was the cost of the Rezoning. We have had approximately 30 children. No income is derived. The congregation subsidizes expense to a large degree. We have been very pleased with the beginning of the pre- school. Mr Ron Black introduced an amendment similar to this which was turned down by the City Council. Pastor Greg Paugh said we feel this is an undue financial burden to our facility. We have concern of safety and planning of the future. We would be more than happy to show the growth of our pre-school. We feel the items listed are the same as the information already in State licensing procedures. We feel this is redundant in that sense. It is our intent to work with you every way possible, but feel this would be unfair of you to have us now pay a CUP fee and do that every time afterwards we wanted to expand our program. Does anyone else wish to be heard? No one did. Brought back to P.C. MARK WALLACE questioned Christ Lutheran Churchs status. Bob Kirmis said they are considered a permitted use at this time. They are allowed to continue until there is substantial change, a CUP would then have to be pursued. Mark Wallace has reservations, if it impacts the Christ Lutheran Church operation. There hasn't been any impact at this point. There hasn't been a traffic issue. I feel we are penalizing something that has been already put in. I'm not sure on what their plans are and how large they are planning on growing. Ing Roskaft wondered about the reason for bringing up this CUP as an amendment. Were there other pre -Schools in an INS area? What is the reason? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15,1994 AT 8 PM - PAGE 4 - Ron Black said one reason is so the Ordinance does not discriminate against users, which it does now. The other reason is we are in the process of having an Elementary School in the area. Schools have been known to lease spaces to pre- schools, for someone other than a School District use. This is so that the City has the same rules applied to them no matter where they lease in the City. The use is what we are looking at. To bring consistency to the ordinance. Ing said you are looking for full control. Ron Black - I am looking for control that is applied for Rainbows, for example. Parking and safety requirements, etc. Carl Swenson - Is still thinking about the question Mark Wallace raised, double in size is a reason. Would adverse traffic be a good reason? Bob Kirmis said this is very difficult to answer. There is a potential for adverse impact, play areas near outdoor businesses. You would have to look at them on an individual basis. Any possibility of adverse impacts and we would have to go thru the process. Bruce Rask asked if the new school football field would have the same regulations. Bob Kirmis said no. Bruce Rask said he feels we have enough regulations on these things by the State already. More discussion was had. Ron Black said the P.C. and the City Council had site approval and site review of the Elementary School. If they want to add something, they have to come back. What if they wanted to change it to a jungle gym? Ron Black said we are talking about a pre-school, not a Church. Bruce Rask asked if the Head Start is still in the old town hall. Is it a CUP? Ron said it is not a pre-school. Mark Wallace questioned if the Church has an adult bible study and you had a lot of people attending, does the City have the right to regulate that? Ron said no. What we have here is a use that can be operated as a business. Last time I heard bible studies did not make money. If a CUP is required for Rainbow across the street it should be applied to the Zoning District that it is in. If I decided that I wanted to go into the preschool business and leased from the school I wouldn't have to do anything. If I leased from Tom Thumb, I would have to come to the City. Ing Roskaft said if you leased from school district you could set it up with no problem at all? Yes, that is correct said Ron. It is a permitted use in the INS District. If the amendment is approved, you would have to get a CUP said Ing? Ron Black said yes. Ing said the same ruling would apply to commercial as to the INS property. Ron Black said it shouldn't make any difference as to who the landlord is. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15, 1994 8 PM - 5 - ING ROSKAFT MOTIONED THAT THE AMENDMENT TO THE PRESCHOOL AS A CUP BE APPROVED. THE REASON BEING THAT THIS PUTS EVERYBODY ON THE SAME BASIS. AND NO FAVORITISM. CARL SWENSON SECONDED THE MOTION. ING ROSKAFT, CARL SWENSON AND DENNIS McALPINE APPROVED. MARK WALLACE, BRUCE RASK AND ARLEEN NAGEL OPPOSED. MOTIONED FAILED. Bob Kirmis explained the report of April 7, 1994 on the Public and Semi -Public Use. HEARING OPENED TO THE PUBLIC; No one wished to be heard. Hearing closed to public and brought back to the P.C. MARK WALLACE MOTIONED TO AMEND THE ORDINANCE TO ESTABLISH PUBLIC AND SEMI PUBLIC USES IN THE INS DISTRICT. ARLEEN NAGEL SECONDED THE MOTION. MOTION DENIED MARK WALLACE AND CARL SWENSON APPROVED. ARLEEN NAGEL, ING ROSKAFT, BRUCE RASK AND DENNIS McALPINE OPPOSED. Ron Black asked if the VFW is zoned INS, would they have to come before the P.C. and City Council? Bob Kirmis said the Community Center is still a Public Use. Ball fields, etc would be allowed to be constructed with no notification. Ron Black said it was his understanding that the reason this came forward is there were objections on the part of the Parks and Recs to go thru the review process. That goes beyond this doesn't it? Uses could be used for that property where there should be review, but wouldn't be review. Ing Roskaft said if the site plan is within the Rec. facilities, INS zoning, they would not have to come in for a permit use. Bob Kirmis read under the site and building plan review information. More discussion was had. The use is permitted said Bob Kirmis. Ron said it is not just the City that is the landowner of INS property. There could be a situation by non -municipal owner that the neighbors wouldn't have a chance to comment. More discussion was had. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15, 1994 AT 8 PM -Page 6 - Ron Black said a ball diamond is clearly a part of the park. That could go in and there would be no requirements. Ron explained further. Ron felt we should be careful of this amendment, because we are talking about land use, not land ownership and what land owner would do. Bob Kirmis said it is not necessarily true there are no regulations imposed. The Building Inspector reviews it and the regulations are in place for that. It is not totally unregulated. Mark Wallace read from Pg 315. This is stated as a condition, but does not have to go up for public CUP. He read from that page. Next page talked about compatibility of surrounding areas. Ing Roskaft felt we are trying to shortcut a process for our own park and we maybe creating a situation that will be a problem with other INS areas. Carl Swenson asked if that wouldn't be a factor at the time we make an INS Zoning change? ING said he didn't know. We have to treat the public the same way we treat ourselves. Carl Swenson felt that was not the intent. Ing Roskaft felt that was the intent. Bruce Rask said when a piece of property is Zoned INS, we have all the regulations in place so that if a person wants a ball field, and the VFW wanted a flea market, we would look at the use. (More discussion was had). ING Roskaft explained the INS and site plan and how it works. If VFW wanted to put in a skating rink, but it is not in their site plan, it would be allowed. We didn't like the idea of going thru a CUP for the City. If it is not alright for the City to go through the CUP, why should the VFW have to? More discussion was had. Bruce Rask felt it was a waste of our communities money. Every time they wanted to change anything on the park activity, they had to come in. It should be a permitted use. If they put in a ball field and the people have balls going thru their windows, we would have to attack it as a nuisance. Ron Black explained further. What most people think of common sense, others don't. There are some things that we would like to keep track of, for instance hours of operation. The Public expects the Municipal Government to have some say on this. You want to make sure that everybody is treated the same. It shouldn't make a difference who the owner is. 6 DIS USSION BY THE P C OF POSSIBLE ORDINANCE PROBLEMS AND/OR CHANGFSe Carl brought up the stacking space allowed for the Marquette Bank. His suggestion was that rather than have excessive, have a minimum stacking distance of 100'. It is on the table for discussion. Marquette bank, we recommended approval with 110'. Maybe that is too steep a requirement. Roskaft asked about what if there is two lines. Carl said that is per line. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JUNE 15,1994 AT 8 PM - 7 - Bob Kirmis read the standard Pg. 123. Drive up banks 2 spaces for each drive in unit, etc. This is standardized. If the Commission would like, I can investigate this further. Carl Swenson said he is basing this on the Big Lake Bank where they don't have 100'. I don't know if we want Staff to spend a lot of time on this. What do you want to do? Bruce Rask wanted it listed as a for instance. Arlene felt 180' is longer than the Bank of Elk River. Norm Freske said where he banks it is not that long. He agrees it seems too long. Ing Roskaft has never used a drive up. Elaine will keep a list. Mark Wallace - RE: Item 5B - can a compromise be met on that? Can you spell out muncipal owned? Elaine Beatty brought up the item of accessory buildings in a AG area. Is a pole building allowed? Bruce Rask asked about a tent in a commercial area. He said it is a serious problem. We made them put a nice front on the Marquette Bank Dennis McAlpine said we allow an individual to have animals, horses if you have 5 acres (2-1/2) How much of that should be used? You should have adequate area for the horse to graze. 7. ANY OTHER P.C. BUSINESS: None 8. ADJOURN: ING ROSKAFT MOTIONED TO ADJOURN, BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GENE GOENNER, SECRETARY MINUTES BY: ELAINE BEATTY, RECORDING SECRETARY MI