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03-15-95 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MARCH 15, 1995 8 PM OTSEGO CITY HALL 1. Chair Swenson will call meeting to order. Chair Swenson called meeting to order at 8 PM ROLL CALL: Ing Roskaft, Mark Wallace, Dennis McAlpine, Bruce Rask, Eugene Goenner, Jim Kolles, Alternate Arleen Nagel. Staff: Elaine Beatty, Clerk/Zoning Administrator, Bob Kirmis, Assistant Planner, Judy Hudson, Deputy Clerk Council Members: Larry Fournier, Suzanne Ackerman, Vern Heidner 2. Consideration of Minutes of March 1. t 995. Add Arleen Nagel to the last site inspection. Page 2, correct spelling of Ing Roskaft. Ing Roskaft motioned to approve the minutes of March 1, 1995 with corrections. Seconded by Bruce Rask. All in favor. Motion carried. 3 HEARING (Continued from 3-1-95) Mary Rose Dare, Owner requests consideration of a Preliminary Plat for MRD Commercial Park - Outlot A Property located on CO Rd #42/Co Rd #39/and State Hwy#101 in Section 22, Twp 121, RANGE 23. Bob Kirmis stated that the City received a letter from James W. Ladner, of Klus Realty, Inc., requesting a continuance of the Public Hearing to April 19, 1995. Ing Roskaft motioned to grant a Continuation of Public Hearing to April 19, 1995. Seconded by Mark Wallace. All in favor. Motion carried. Discussion: Gene Goenner asked how many times a public hearing can be continued. Chair Swenson said that the staff evaluates the request, gives us their recommendation and then its basically a judgment call by the Planning Commission. 4 HEARING for Chris Bulow for Preliminary Plat for Bulow Estates and PUD Zoning (Vacation of existing Otsego Townsite Streets will be considered at a Council Hearing for this plat)- Chair lat)- Chair Swenson went over Public Hearing Procedures. Clerk/Zoning Administrator Elaine Beatty noted that all public notices were done. Bob Kirmis went over his report of March 8, 1995 (see attached). Mr. Bulow is requesting: 1. Vacation of portions of Streets of the Original Townsite Plan 2. Rezoning of property from A-1 to PUD 3. Replat/subdivision, preliminary plat Mr. Kirmis explained that this is a unique situation of replatting part of the Original Townsite. Staff proposes PUD Zoning of the property, being the most effective means to deal with the property's existing development rights. Mr. Kirmis pointed out that the developer wants to work with the City with the lot and street configurations. Mr. Kirmis went through the 19 conditions as written in his NAC Report of March 8, 1995 (see attached conditions). Planning Commission Minutes of March 15, 1995, cont'd. Page 2. Regarding #17 - Elaine Beatty said that the Parks and Rec. met last evening, and in their opinion, they do not want the land, they want money for Park & Trail dedication (a letter will be received from Parks & Rec.). Chair Swenson opened the Hearing to the public. No one wished to be heard. Chair closed the Hearing and brought back to the Planning Commission for discussion. As a result of their discussion, their concerns were: *Existing homes on Nashua that do no meet current setbacks. *Closing off the driveways onto Nashua. *Development rights of remaining Townsite Plat *How far in does the cul-de-sac go *Instead of granting a PUD, why not just amend the Comprehensive Plan *Instead of Spot Zoning, rezone Old Townsite to R3 *Who would pay for any new streets. *Vacation of Streets Bob Kirmis explained that existing homes on Nashua become legal non conforming. When development comes in to the East and when the street is extended, current accesses are eliminated. Any new lots would have to have 150 ft of road frontage, the interior lots do not have improved public streets. 94th Street will be a temporary cul-de-sac going just the length of first lot. Amending the Comprehensive Plan could be done if the whole Townsite was being developed, even if the Townsite was rezoned to R3, there still would have to be a public hearing. The process has to be followed. The developer would pay for street improvements. We will build this in the contract that property owners will agree to pay their fair share. Chair Swenson informed the commission that the Vacation of Streets will be handled by the City Council. Bruce Rask motioned to rezone the subject property from A-1, Agricultural Rural Service District to a PUD, Planned Unit Development. Seconded by Ing Roskaft. All in Favor. Motion carried. Bruce motioned to approve the request for replat/subdivision subject to the 20 conditions as outlined in the report from NAC dated March 8, 1995, are met. Seconded by Ing Roskaft. All in favor. Motion carried. Elaine Beatty informed the Commission this item will be on the City Council Agenda of March 27, 1995, at 6:30 PM. The Hearing for the Street Vacation will be held on April 3, 1995, at 6:30 PM. a. Amendment to the Fee Sections of the Zoning Ordinance b. Amendment to the Fee Sections of the Subdivision Ordinance Planning Commission Minutes of March 15, 1995, cont'd. Page 3. Chair Swenson asked if proper noticing has been done. Elaine Beatty said they have been done. Mr. Kirmis explained this basically creates a storm water facility charge. Any increases in impervious surface, property owner will be charged a fee. What is intended is reference this fee and make developers aware that this fee exists. Chair Swenson opened Hearing to the Public. No one wished to be heard. Chair closed the Hearing to the Public and brought back to the Planning Commission. The Planning Commission's Concerns: *Are fees for everyone or just for developments? *What type of formulas? *What are the amount of fees? *Is this an over-all tax? *Can one property be in two taxing districts? *Will taxing be done in a fair and equitable way? Bob Kirmis' understanding was that anyone doing a development causing an increase in impervious surface will be charged this fee. Fees would be set by resolution. Councilmember Vern Heidner said it will affect all pieces of property and went over the basics of the formula. This formula is designed to be fair and equal. Taxing might vary in each district. CM Fournier said this would establish a fund to help with storm water run off. Elaine Beatty encouraged everyone to attend the Public Hearing on March 20, 1995 at 7PM. Mark Wallace motioned to continue the Hearing for Amendment to the Fee Sections of the Zoning Ordinance to the Planning Commission Meeting of April 5, 1995 at 8 PM. Seconded by Gene Goenner. All in favor. Motion carried. Ing Roskaft motioned to continue Hearing for Amendment to the Fee Sections of the Subdivision Ordinance to the Planning Commission Meeting of April 5, 1995 at 8 PM. Seconded by Gene Goenner. All in favor. Motion carried. 6. Any other Planning Commission Business Chair Swenson stated that several members have suggested that we study the Wild and Scenic Zoning Ordinance and investigate to see if any changes are appropriate. Chair Swenson appointed a sub -committee for this and they are as follows: Chair - Arleen Nagel Mark Wallace Gene Goenner The sub -committee's purpose is to study the ordinances, decide if changes are in order. If they decide what changes are appropriate, come back with a written report for recommendation. Arleen Nagel is to coordinate with Elaine Beatty so all meetings are posted. It will be at the judgment of the Chair to decide how much discussion by the public will be allow.