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11-02-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT SPM 1 HAIR SWENSON WILL CALL MEETING 7 Chair Swenson called the meeting to order at 8PM ING ROSKAFT EUGENE GOENNER MARK WALLACE CARL SWENSON JIM KOLLES, Absent ARLEEN NAGEL/Absent BRUCE RASK, Arrived late DENNIS MC ALPINE, Absent RON BLACK/CR Staff present was as follows: Bob Kirmis, NAC, Larry Koshak, Engr. and Elaine Beatty, Deputy Clerk/Zoning Adm. Larry Fournier, Council and Mayor Norman F Freske were also present 2. CONSIDERATION OF MINUTES OF 10/19/94: ING ROSKAFT MOTIONED TO APPROVE MINUTES AS PRINTED. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. CONTINUATION OF HEARING FOR SUBDIVISION IN MRD COMMERCIAL PARK, LOT I BLOCK I, 2ND ADDITION. MARY R DARE. OWNER - PER PURCHASE AGREEMENT SUBMITTED BY DOUGLAS JOHNSON, EUGENE K FUSER AND ARI.ON FUCHS. (CONT FROM SEPTI 1994 AND SEPT. 21, 1994 P.C. MEETING): Chair Swenson stated that this is a Hearing. Bob Kirmis explained the LeFebvres Watershed District Moratorium. The existence of same, is why we are considering the one lot subdivision. Hopefully this would address the stormwater issue. A draft plan for stormwater has been prepared. It will be addressed tomorrow evening at a workshop. The applicant wishes to go forward with a subdivision. The City's Transportation Plan is the second item. A Draft plan has been finished. The Hearing is scheduled for two weeks. There are design perimeters that show that there will have to be some kind of a loop on 88th Street. There will have to be some kind of a decision by the P.C. to determine if the plan is premature. Zoning is consistent with the comprehensive plan. Bob Kirmis read the recommendation from Pages 2 & 3 of NAC's Report of August 24, 1994: 1. The City approve the requested rezoning of the subject property from A-1, Agricultural Rural Service to B-3, General Business. 2. The City find that the proposed subdivision does not constitute a premature development. 3. The interim ordinance establishing the "LeFebvre Watershed District" moratorium is amended such to correctly delineate the boundaries of the Watershed District. Such adjustment will result in the exclusion of the project property from the Watershed District. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 2 4. The City Engineer find that the proposed development is consistent with the City's pending transportation plan for the Highway 101 area. Compliance with such condition may result in the postponement of final plat approval. 5. Access to Lot 1, Block 1 from County Road 42 is prohibited. 6. Consideration is given to reconfigure Lot 1, Block 1, in such a manner that it extend to the southern property line of Outlot A. If the applicant chooses not to pursue such lot reconfiguration, he shall be required to demonstrate how access would be provided to that portion of Outlot A lying south of the subject property. Such demonstration shall be subject to City approval. 7. The City Engineer and Wright County Highway Department provide recommendation in regard to County Road 42 right-of-way dedication. 8. An assurance is made that all storm water runoff from the subject site (Lot 1, Block 1) is diverted away from the "LeFebvre Watershed District". 9. The City Engineer provide comment/recommendation in regard to grading and utility issues. 10. The City Park and Recreation Committee provide comment and recommendation in regard to park dedication requirements. 11. The City Engineer provide comment/recommendation in regard to easement establishment. 12. The developer/property owner enter into a development agreement with the City. 13. Comments from other City Staff. Lot 1, Block 1 takes up S of 88TH there is a vacant portion of Outlot A south of that. It mandates a lot S would have to receive access from Co. 42. City Engr and Co Engr have recommended that no direct lot access be provided. The field access does not have any legal standing. Again, Bob said the configuration of this lot relates to the existence of the moratorium. We are trying to deal with it the best we can. PC needs to consider if this is appropriate at this time, or premature. Larry Koshak, City Engineer, in regards to the issue of this plat, it is his recommendation that the P.C. find it premature. LeFebvres Watershed district Amendment to Comp Plan and internal dealings with the property, as far as the preliminary plat, this particular platting leaves a number of engineering issues unanswered as far as access and storm drainage issues. Issue on access to the rest of the plat, our letters are firm, as far as access, we feel it should be handled by 88th Street and it's progression to the plat as our transportation plan shows. The field entrance was at 88th Street. There are no other field entrances on Co.42 off that property. Plat approval is being concidered without a particular drainage plan. That is a commercial property, is there any special requirements, we should be aware of? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 3 Chair Swenson continued the hearing. Asked if anyone wished to be heard? Mr Wally Klus said they have done a bit of work on this property. He showed an elevation plat. They drove the property this evening and there is a farm access on Mr Kolles property. They are asking for it to be a temporary access. If you look at the transportation plan, 88th Street is showing this road going through the floodplain. To bring out of the floodplain the cost is $550,000.00 to $600,000.00. That price is just to bring the land to bring it up to use. It is not realistic at 70 cents a square foot. We are not against the road. If there are funds available that can make it a viable activity, OK. We don't think this is the right access for this lot. They are asking for the 10 acres not for buildings, but for activities. That is the best use in the floodplain without having to spend $600,000.00. We have done a lot of homework looking for the highest and best use of this land. We brought a subdivision plat in. Because of the moratorium we could not use it. We are asking you to consider that this is what can be developed now. With water and sewer it would be a whole different picture. We are asking you to look at this now. Chair Swenson asked if anyone else wished to be heard. No one did. Hearing was closed and brought back to P.C. Mark Wallace questioned Mr Klus about the road by the farm. Is it the lower left portion of the farm. Mr Klus said yes. We are asking for only temporary access. Chair Swenson asked Mr Koshak if the County recognizes this access. Larry Koshak said he is not aware of anymore accesses there, only 88th Street. Wally Klus said there is a culvert there. Larry Koshak said if access is there, it is illegal as far as the County is concerned. Carl Swenson asked Larry the effect that would have on the transportation plan? Larry Kishak said it is up for the next P.C. meeting. In that area we are talking about the collector street. There may be additional commercial streets that are not collector streets. As far as the access on Co.42, I would not want to comment because the plat is B-1, L-1 Second Addition. It is probably not an issue at this point. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 PAGE 4 Ron Black questioned this at the last hearing. A concern was expressed by the commission to see an overall concept of what can be done. We need to keep in mind that this is a nunber one area in the City. Mr Klus said they have not changed the plan from the very beginning. We realize this can be taken out of the floodplain. John Olivers people are more aquatinted with the transportation plan. Ron Black asked why is Mr Klus insisting on Access to Co. 42? The Engineers are insisting on rejecting that proposal. Until the rest is addressed, this whole thing can change. There are numerous possibilities and discussed peicemealing it. Wally Klus said unless there is some way for this to be corrected, he is not sure it can be sold without water or sewer. How do I address it? Ron Black said in the Residential plats it is a requirement. Why is it not shown here. Wally Klus said we are not sure the road can go in there. It is in a floodplain now. It will have to be corrected. Ron Black said it does not show any alternatives. It has been brought to your attention that there is some sewer and water in the area. There has been no response that I see. Carl Swenson asked if there is any way that 88th Street can be moved? Wally said yes it could be curved in, but you end up with a piece of land that is very difficult to deal with. We are not against the road. We are at a standstill as to what to do. Larry Koshak commented that there is an importance to having a preliminary plat. There is a moratorium, so that why there is no preliminary plat. Discussion of the legal standing basis for a preliminary plat. In the LeFebvres Watershed, we will be recommending to the Council that the majority of the watershed be taken out of the moratorium. That portion cannot be taken out until some decisions are made as to improvements. That is an issue that has to be presented to the Council. It is our recommendation in that area, if a developer wishes to consider what those improvements will be and accept those costs that will be incurred, that is one way to address that issue. Larry Koshak said we will be making a recommendation to the Council that this area needs some improvements before it is developed. Paying for those has to be done before the moratorium can be taken off. Chair Swenson thanked Larry Koshak. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 5 Chair Swenson asked when the transportation plan will be available. Larry Koshak said it will be available at the hearing and before the Council at the November 14th meeting. If passed, it will be an amendment to the Comp plan. The Resolution will be brought to the Council meeting of November 14. 1994.The next P.C. meeting is November 16, 1994. The option of the P.C. is to either delay action or continue it to another specified date. Ing Roskaft said we could rezone the area. Bob Kirmis said if we rezone we would be creating the lot. Ing said the land the party owns would be rezoned to B-3. Rezoning would be concluded if the council approves. Bob Kirmis said technically that would constitute an application for land within the moratorium area. Gene Goenner said we received a possible revision of the boundary line that would eliminate the Lot 1, B-1 from the LeFebvre Watershed. If that would be done, would it still be a problem? (B-1, Lot -1, second Addition, rezone. ) Larry Koshak aid the underlying thing is platting the whole parcel without the consideration of the whole property. It should be recognized on a preliminary plat, so we can address where the road goes. It should be addressed as being tied to access of the Southern properties. The moratorium prohibits them from addressing that in a plat. Bob Kirmis said you have three options: 1. approve request 2. deny the request on premises it is premature 3. Reopen hearing and continue it. Mark Wallace asked about the transportation plan at the next meeting. What will it buy us? Bob Kirmis said not really much. It is a Council decision. Drainage plan will be in December. Larry Koshak said his recommendation to the Council will be that the largest portion of the LeFebvre Watershed will be recommended to be taken out of the moritorium immediately. That area for development will have to be a special utility district, etc to determine how to pay for these improvements. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 6 More discussion was had on this and a possible taxing district being set up. Gene Goenner said he is inclined to grant the request. He feels with 88th Street and access it should be granted. He said if the developer is willing to accept this access for the lot to the S, it is their choice. More discussion. Mark Wallace asked Bob Kirmis if the original request was L-1, B-1, 2nd Addition. Yes was answered. GENE GOENNER MOTIONED TO GRANT THE REQUEST FOR THE COMMERCIAL LOT REZONING OF PROPERTY FROM A-1 TO B-3. ING ROSKAFT SECONDED THE MOTION. MOTION CARRIED THREE TO TWO, WITH MARK WALLACE AND CARL SWENSON VOTING NO, AND ING ROSKAFT, GENE GOENNER AND BRUCE RASK APPROVING. ING ROSKAFT MOTIONED THAT WE APPROVE THE MRD COMMERCIAL PARK FINAL PLAT SUBJECT TO THE CONDITIONS IN THE EXECUTIVE SUMMARY OF NAC/S REPORT LOT 1 AND OUTLOT A IN THE FINAL PLAT. GENE GOENNER SECONDED THE MOTION. MOTION FAILED THREE TO TWO, ING ROSKAFT, GENE GOENNER VOTED YES. MARK WALLACE, BRUCE RASK AND CARL SWENSON VOTED NO. Gene Goenner did not have a problem with the lot. Two possible lots on a major road. One has side street access. If they want to cause themselves a major problem. It may have to be solved when the property to the S is developed. The lot itself I don't see as a bad planning decision. He explained further. He felt an undue burden is being put on the developer when we gave them a lot across the street 6 months ago. We should not have given them that Lot 1, B-1 earlier if we wanted to see the whole plat. More discussion. Maybe one person will want to buy all of outlot A sometime. He did not want to reconsider his motion. Bob Kirmis asked if it is the intent of the P.C. to rezone the lot and create the commercial lot. ING ROSKAFT SAID HE WILL MOTION TO RECONSIDER THE ORIGINAL MOTION ON THE REZONING FROM A-1 TO B3. GENE GOENNER SECONDED THE MOTION. (MOTION AND SECOND WAS WITHDRAWN) GENE GOENNER MOTIONED TO RECONSIDER THE SECOND MOTION TO CREATE LOT 1, BLOCK 1, SECOND ADD. CARL SWENSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GENE GOENNER MOTIONED APPROVAL OF MRD COMMERCIAL FINAL PLAT SUBDIVISION TO CONSIDER IN NAC'S EXECUTIVE REPORT DATED AUG 24, 1994 FOR L-1, B-1 AND OUTLOT A, SECOND ADDITION. ING ROSKAFT SECONDED THE MOTION. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 7 MOTION PASSED 3 TO 2, WITH BRUCE RASK AND MARK WALLACE VOTING NO, AND ING ROSKAFT, GENE GOENNER AND CARL SWENSON VOTING YES. NOVEMBER 14, 1994 COUNCIL MEETING THIS WILL BE ADDED TO THE AGENDA. Ing said the reason for reconsideration is that we would only rezone Lot 1 and leave Outlot A out of the picture. Bob Kirmis said it is inappropriate to have different motions on this. Mark wanted to clarify that the City Council will have the final say. Ing Roskaft said these men that want to invest their money can get going. Ron Black said you will have no planning ability on that. You are approving the plat. Ron is suggesting an overall plan for that area. Bruce Rask asked if the moratorium is on why consider this? Mark Wallace asked how that would affect the rest of the lots. Bob Kirmis said one alternative could be making the two lots combine. He said this approval does not approve an access to #42. Carl Swenson asked if we approve this, will it be construed to grant access? Mark Wallace said we are only speaking specifically about that lot. Bob Kirmis said as an outlot no building permit could be pulled without being platted. It limits the options and he agrees with Ron Black. Carl Swenson said there would be more options when the moratorium ends. FOR SITE AND BUILDING PLANS FOR 1-F EFRVRFS CARPET STORFe Chair Swenson explained this is a review. Bob Kirmis said this property is not in the LeFebvre watershed district. Dave LeFebvre has requested approval of the above. This is a carpet showroom building only, no warehousing. B-3 is the present zoning and it is a permitted use. It will be finished in stucco with asphalt shingles. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 8 The site of the building is responsive as it acknowledges the future street. Approval recommended subject to 14 conditions from NRC's Report of October 27, 1994: Bob Kirmis read the conditions. 1. The applicant obtain a permanent access easement from the Southerly property owner. 2. A landscape plan is submitted with an emphasis upon the following areas: A. The boundary or perimeter of the proposed site at points adjoining other property. B. The immediate perimeter of the structure. C. The perimeter of parking and loading areas. 3. Parking lot drive aisles are expanded from 20 to 24 feet in width. 4. All off-street parking areas are surfaced in asphalt, concrete cobblestone or paving bricks. 5. All off-street parking areas are provided a perimeter concrete curb. 6. The off-street parking lot is modified such that a specific backing area is provided for the northernmost parking stalls. 7. The loading area provided in the southeast corner of the building is modified such to more efficiently accommodate service vehicle backing maneuvers. To resolve this issue, the applicant should consider one of the following: A. Construct a specific turnaround lane to the east of the loading area. B. Provide a continuous drive through lane south of the site's principal structure. 8. Any signage erected upon the site comply with applicant City Sign Ordinance requirements. 9. If applicable, the site plan is modified to illustrate exterior trash handling locations. All trash handling equipment must be screened from eye level view of all neighboring uses and the public right- of- way. 10. The site plan is modified to identify exterior lighting locations. Per Ordinance requirements, all lighting used to illuminate off-street parking areas shall be arranged to deflect light away from adjoining residential uses and from public streets. 11. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 12. The City Engineer provide comment/recommendation in regards to sewage treatment related issues. 13. All roof top mechanical equipment is screened so as not to be visible. 14. Comments from other City Staff. Tim Smith had a couple of questions. They are proposing to eliminate the western half of the parking lot. Exhibit D, the first shed to the south, he uses both those two buildings. The parking is quite a bit more than he uses for his business. He only uses five stalls when there is a big rush. It is only drawn there because we were told it was needed. The loading and unloading is in the other building. Item 5 - Concrete Curb is that a necessity with parking on the front side of that structure. Bob Kirmis said in regard to parking, if you feel the required number is inappropriate you can build what you say is necessary. The required amount should be illustrated on a site plan. The city can require you to add additional. It should be added as conditions every commercial building is required to have a loading space. Where do vehicles park when items are brought in? Answered: Only small carpet samples are brought in. Bob Kirmis recommended designating a parking space for a loading space. Curbing - The ordinance requires concrete perimeter curb along all offstreet parking areas. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 PAGE 9 Waterllow, delineate the parking areas, aesthetics, standard of quality the city has made a policy. Drainage will go into the Co. ditch. Tim Smith asked if there is a way not to put the curb in there now. It is an expense for live parking stalls. Bob Kirmis said you can pursue a variance, but it cannot be based on economics. There are no plans for exterior lighting except on the for soffits of the building itself. Trash is in containers behind the existing building and that is what will be used again. MARK WALLACE MOTIONED TO APPROVE THE CARPET PLANS AND SPECS BASED ON THE RECOMMENDATIONS OF NAC WITH THE EXCEPTION OF NO 6, PARKING ISSUE, ADDED THAT STALLS NEEDED ARE BASED ON THE APPLICANTS RECOMMENDATION IF THE CITY DEEMS THEY NEED MORE, THE APPLICANT AGREES THEY WELL INCREASE THE PARKING LOT SIZE. THE ISSUE OF LOADING AREA #7 IS MODIFIED THAT A PARKING STALL OUT FRONT, AND IF IT IS INCOMPATIBLE IT CAN BE MODIFIED. (SPECIFIC LOADING STALL IS DESIGNATED) BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THIS WILL BE ON THE AGENDA FOR NOVEMBER 14, 1994 COUNCIL MEETING. BRUCE RASK MOTIONED TO NOT RENEW THE MEMBERSHIP TO THE MINNESOTA PLANNING ASSOCIATION. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 ANY OTHER PLANNING BUSINESS• Chair Swenson asked if the 3RD Industrial Site Committee has met? Larry Fournier said after elections. Bruce Rask asked if more developments in a moratorium come up, can we just table them? Carl Swenson said the moratorium complicated this. More discussion of MRD plat and Ron has a problem with it. 7. ADJOURN: CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 2, 1994 AT 8PM PAGE 10 MARK WALLACE MOTIONED TO ADJOURN. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GENE GOENNER, SECR&UY MINUTES BY: Elaine Beatty, Recording Secretary eb