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06-07-95 PCCITY OF OTSEGO PLANNING COMMISSION JUNE 7 1995 8 P 1 Chair Carl Swenson will call the meeting to order_ Chair Swenson called meeting to order at 8 PM and welcomed everyone. ROLL CALL Carl Swenson, Ing Roskaft, Mark Wallace, Richard Nichols, Eugene Goenner, Jim Kolles, Larry Fournier, Council Member. Excused Absence: Bruce Rask, Arleen Nagel. STAFF: Elaine Beatty, Clerk/Zoning Administrator, Bob Kirmis, Assistant Planner, Andy MacArthur, Attorney, Larry Koshak, Engineer, Judy Hudson, Deputy Clerk, Carol Olson, Secretary. Mayor Norman F. Freske, Councilmembers: Ron Black, Suzanne Ackerman, Vern Heidner. ? Consideration of the Planning Commission Minutes of Maya, 1995_ Mark Wallace motioned to approve the minutes of May 3, 1995. Seconded by Gene Goenner. All in favor. Motion carried. Hearing for Mar; R Dare (owner) for applicant Christ Lutheran Church, Margie MacLachlan. Church Council President, Lot 1lock 1 Phase Three of MRD Commercial Park in Section 22 Township 121 angel, located by Co Rd #39 and #42 and State Highway #10 . Chair Swenson explained the Public Hearing procedures. Elaine Beatty stated that the proper notices were done. Bob Kirmis went over the NAC Report dated May 30, 1995. ( see attached) Christ Lutheran Church has submitted a request to subdivide and rezone a 10.3 acre parcel of land. The Church requests are: 1. Rezoning of the subject 10.3 acre property from combination B-2, Highway Commerical/R-1 Residential Long Range Urban service to an INS, Institutional designation. 2. Preliminary/final plat approval of the MRD Commercial Park 3rd Addition. Andy MacArthur noted that if their requests are approved, a CUP for the ball fields from the DNR would have to be applied for. Chair Swenson opened the Hearing to the Public for comments. Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 2. Pastor Pagh, Christ Lutheran Church. His comments were, with the property being purchased will allow the following: Future expansion Will enhance business and residential development Members and Visitors will bring shopping dollars Church supports local vendors Provides services such as child care, counseling etc. Provide Community Meeting Rooms Church traffic more complimentary to commercial/industrial - share parking - needs and schedules of churches and business work together - churches go 7 days a week Proposed family life center - provide need for youth - strengthen families - provides a safer environment Growing communities need growing churches Participates in church are already tax payers Willing to meet performances standards as outlined in the NAC Report Rick Olson 15160 NE 95th Street, Otsego Suzanne Ackerman 8217 Packard Ave, Otsego Read letter from Steve Ackerman Richard Bauer 15956 56th Street, Rogers Marty Carol 8710 OBrian Ave, Otsego Kevin Olson 18856 Albany Ave, Elk River YES Talked to his neighbors/nonmembers and they are supportive of CLC NO/ because of location(tax base) YES as a business owner relocating they find non revenue attractions important to communities YES Provides services to a lot of non members/City has more to gain from Church than potential tax YES City has a coalition to strength of churches in it/church is economical to a city Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 3. Gary Eliason 519 5th St. NW, Elk River Jim Simpson 13278 Riverview Dr, Elk River President of Elk River Bank Margie MacLachlan President of CLC Rogers There were no other comments from the public. Chair Swenson closed the Hearing to the Public. YES Church is attractive for drawing new residents/long range view will give opportunity to children YES Neighbor to CLC YES Overwhelming support of members for this expansion, raised half million dollars/need immediate expansion Councilmember Fournier asked the Planning Commission Members to discuss the following issues: Issue #1. Does this request fit the Comprehensive Plan. Planning_ Commission Comments: Referenced NAC Report, Page 4, this request does fit the Comp. Plan Land Use Plan suggests commercial use for this property/INS use is compatible City previously amended Comp. Plan for 2 other INS Zoning This request is in the Immediate Service Area Issue #2_ At what point as a Planning Commission, do we want to see a conceptual development plan for the entire area, or do we want to continue to develop piece by piece. Planning Commission Comments: Very difficult with different owners Some properties may sit for a long time Land Use Plan is prepared as a guide for developers Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 4. Other comments: Ing Roskaft briefly reviewed the history of this property and noted that there have not been many developers coming in to develop this area and that the Church is willing to put money into community resources. Richard Nichols questioned Pastor Pagh about the Church having a contingency plan. Pastor Pagh answered no that they were committed to grow here. Mark Wallace noted that the church can bring more to communities than the difference of lost tax and will not drive businesses away. Richard Nichols questioned the Church having a contingency plan. Also if the Church is locked into the 10.3 acres and how much land is going into the ball fields. CM Fournier questioned that the Church has been there for 6 years and has outgrown their present location, how long will the new expansion last? Carl Swenson asked if they couldn't expand on the present 5 acres. Pastor Pagh stated: It is hard to predict growth but with this 10 acres should go beyond the year 2000. The Church doesn't have a contingency plan. The Church is looking at developing the whole area. This is a conceptual plan, detailed plan will be done Will work with City regarding the ball field concerns Klus Realty configured this 10.3 acre lot. Doesn't feel present lot will meet their needs because of parking require. Church has investment in present location/likes its visibility Entryway of Otsego/Location makes a statement to the community CM Fournier asked if Lot 1 of Block 1 is can be built on. Larry Koshak noted that the western portion is outside of the flood plain and would be can be built on without modifications. In review of the sketch plan of CLC, their plan would meet the requirements. The septic tank/drainfield is a critical situation and will determine the expansion size. Jim Kolles noted he farms in that area and feels the Church is very appealing. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 5. Ing Roskaft motioned to approve the rezoning of Lot 1, Block 1, Phase Three of MRD Commercial Park in S22, T121, R23, from B2, Highway Commerical/R1, Residential Long Range Urban service to INS, Institutional, upon the condition of approval of final plat. Seconded by Mark Wallace. Voting For: Ing Roskaft, Jim Kolles, Mark Wallace, Gene Goenner. Voting Against: Carl Swenson, Richard Nichols. Motion carried four to two. Discussion: Richard NicholE asked if this motion locks in the 10.3 acres. Chair Swenson noted that it does. Gene Goenner noted in discussions with the EDAAC , they are to develop identity, this Church helps with identity. Mark Wallace commented that a Planning Commission should plan for the future of the City and that having a church with a strong sense of community service is what this City needs. Mr. Nichols noted that the Church, as it exists today, is wonderful but his concern is with the size of property and wished this came in on a reduced scale. Bob Kirmis stated that the Church requested simultaneously preliminary and final plat approval. NAC recommends Preliminary Plat approval. They still have concerns with the final Plat. Ing Roskaft motioned to approve the preliminary plat of the MRD Commercial Park 3rd Addition. Seconded by Gene Goenner. Voting For: Ing Roskaft, Jim Kolles, Mark Wallace, Gene Goenner, Carl Swenson. Voting Against: Richard Nichols. Motion carried five to one. Chair Swenson noted for the records that there was one request left off from the agenda which was: 1. A Comprehensive Plan amendment to include the subject property with the immediate urban service area. City Attorney, Andy MacArthur, asked if the applicant or their representative waive any objections. John Gries, Attorney for the applicant, stated they waive any objections. Chair Swenson went over the Public Hearing procedures. Elaine Beatty noted that noticing of hearing was done. Bob Kirmis went over the NAC Report dated May 30, 1995. (See attached) Larry Koshak went over his report of May 26 and June 5, 1995. (see attached) City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 6. Roger Anderson, Design Engineer: His comments were: Platting issue to go over 35 acres site, divided into 5 lots 1/4 mile road to be constructed 2 uses 1 - Long Haul trucking 50 parking spaces office space truck cleaning space 2 - Hockey facility off peak traffic use Kadler Avenue Needed to have been rebuilt Interior road will be constructed 1200 feet of road Requesting a variance from newly adopted street design 1000 trips a day usage Road proposed is adequate More blacktop creates more drainage problems Submitted pictures of different roads (attached) Lots laid out at the suggestion from the City Drainage Issues Developer will put pond in Pond will have 4 feet of water in it at all times (treated) Flow will be controlled Wash station is a recycled system Chair Swenson opened Hearing to the Public. Judy Roden 10395 70th Street, Otsego Drainage concerns, water flows through their farm land/ who is responsible for future drainage problems. Larry Koshak explained the Otsego Creek Authority and the Otsego Creek Taxing District. Roger Anderson explained the holding pond treatment design. Noted that currently there is no treatment of road runoff and feels that water coming out of pond will be better. Mr. Koshak noted that they will be required to follow the manual of "Protecting Water Quality in Urban Area, Best Management Practices for Minnesota". City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 7. Ellen Miller, representing her parents who live on Kadler. General Concerns: parents living close/all night traffic/ does feel applicant is trying to keep traffic away from them/7-8 businesses having mound systems mound system close to their welt/ concerned with whole development of area In support of hockey arena Supports denial of variance Jean Whitish, Consultant for Long Haul, Design of internal road is pulling traffic into the site for better management. John Daniels is donating property for the Ice Arena. Chair Swenson closed the hearing to the public. Richard Nichols questioned the internal road wanting a clearer description on what the applicant has requested and what the staff recommends. Roger Anderson said the recent adopted policy was for 44 ft. blacktop surface with 2 ft. shoulders and ditch sections (same as 94). We are asking for 2-12ft lanes, gravel surface shoulders and are in 8 ft. width and will be posted with no parking and no difference in the tonnage of road. Mr. Koshak's comments for the reasons of this street policy: Majority of traffic will be heavy Maintenance problems truck turning on gravel shoulders will cause rutting This policy is consistent with all industrial properties Mr. MacArthur noted that the only variance being addressed by the Planning Commission is a variance from the City's 84 foot right-of-way requirements for rural section collector streets. Mark Wallace motioned to amend the Comprehensive Plan to include the subject property, 35 acres, S34, R24, T121, within the Immediate Service Area. Seconded by Richard Nichols. All in favor. Motion carried. No discussion during motion. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 8. Gene Goenner had concerns with the ponding area and current tile lines from adjacent properties. Per Roger Anderson the purchase agreement addresses the issue of drain tiles - the maintenance/can't be disturbed. Wetland on NE corner drains under railroad/positive outlot to Creek Drainage agreement with seller over remaining parcel to use if needed Per Larry Koshak: Larger pond -needs to be a positive overflow Need to address the overflow to adjacent farm land Ing Roskaft motioned to rezone from A-1, Agricultural Rural Service to I-2, General Industrial District. Seconded by Mark Wallace. All in favor. Motion carried. 3- Request for approval of Pre iminary and Final Plat Gene Goenner requested information on drainage overflow, present drainage flows to the west farm land. He also wanted to know if there is an agreement with the seller and the owner that drain tiles will be maintained, and if the City would be liable if the line is broken or if the City can be forced to repair it. Mr. Koshak explained that no additional flow can be greater than what is currently leaving the property, felt that the pond should be bigger to hold more volume, overflow should go to the ditch. Mr. Anderson assured the Planning Commission and City Engineer that he will demonstrate to the City Engineer that this will be accomplished. Mr. Gries stated there is an agreement with the Kolles' that the applicant will maintain the drain tile, there will be a covenant and in the covenant is an agreement to maintain the tile. Gene Goenner motioned to approve the Preliminary Plat for Long Haul Industrial Park subject to the conditions as outlined in the NAC Report dated May 30, 1995 and that the Developers Agreement contain an indemnification and Hold Harmless Agreement related to the drain tiles and the applicant submits the restrictive covenants to be reviewed by the City Attorney. Mark Wallace seconded the motion. All in favor. Motion carried. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 9. Mark Wallace motioned to recommend denial of variance request, given the fact that there has been no proof of hardship from the applicant. Seconded by Richard Nichols. All in favor. Motion carried. Mark Wallace motioned to approve the Building and Site Plan Review subject to the conditions as outlined in the NAC report dated May 30, 1995. Seconded by Ing Roskaft All in favor. Motion carried. Elaine Beatty stated that this item will be on the June 26 City Council Agenda. Gene Goenner motioned to continued this hearing to June 21, 1995. Seconded by Ing Roskaft. All in favor. Motion carried. • . ••_ • • . •' •• .•• .� a .�• •••. �. • .. • • ' •� • '•n C •-•• ••. ••• ►l•• Imew.• •••• ►1 :•• 11 • 11 * CM 1 • :• EM YAN'74"M• •. Chair Swenson went over the Public Hearing Procedures. Elaine Beatty stated that the proper noticing has been done. Bob Kirmis went over the NAC Report dated May 30, 1995 (attached). NAC recommends approval. Chair Swenson opened Hearing to the Public. Clem Darkenwald, Owner of F & F Food Mart and Clem's Fish and Seafood. He went over all recommendations listed in the NAC Report. (Page 2 - 3) Condition #1: Clem Darkenwald said he will do all curbing marked with the dark line, he didn't put a curb in flat top because of drainage. He requested not to put curb section 300 plus feet in the back. Would like to leave it open for garbage trucks, no other use is there. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 10. Condition#2: This is done every year. Condition#3: This will be done. Condition#4: Will pursue (a), between the 2 pumps Condition#5: Will put a gate on trash bin, fence is 5' 8", just enlarged it. Condition#6: Revised plan just received showing on-site sewage treatment system. Condition#7: Tanks are pumped twice a year, drainfield is built above reg. flood plain. Per Larry Koshak, Building Official will do a site inspection. Condition#8: Completed on revised site plan. Condition#9: Existing landscaping shows on new site plan. Condition#10: Larry Koshak explained this to the Commission. Mr. Koshak recommended that Mr. Darkenwald have an Engineer review this site and give his recommendations. Condition#11: Loading area has been designated on new site plan Condition#12: Applicant is asking City to waive this condition. He suggested that whatever the bid is on curb and blacktop and not to include the canopy and pumps and other equipment. Condition#13: All lighting is marked on new site plan. Condition#14: a) no new signs b) done c) Asking for City to waive this, sign cost is over $12,000 and was approved by the County d) this was grandfathered in, but will remove it e) also grandfathered in, land was donated to the County and had to move it. Applicant will move it. Chair Swenson closed the Hearing to the Public. After much discussion, the Planning Commission agreed to all conditions except for Condition#4 #10, #14 Mark Wallace motioned to approve the Conditional Use Permit Amendment subject to meeting all recommendations in the NAC Report dated May 30, 1995. Motion failed for lack of second. Mark Wallace motioned to approve the Conditional Use Permit Amendment subject to the recommendations listed in the NAC Report dated May 30, 1995, deleting Recommendations 14c, and change Recommendation #4 from existing to new pump. Seconded by Gene Goenner. All in favor. Motion carried. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 11. Elaine Beatty stated this item will be on the June 26, 1995 City Council Agenda. City of Otsego Planning Commission Meeting of June 7, 1995, cont'd. Page 11. Mark Wallace presented the report. (attached) The committee's comments on the sites: Site # 5 - eliminated because of high visibility from CSAH 39 and with sewer from SE Site # 4 - eliminated, more of a residential area/ sewer from SE Site # 6, 2 and 1 -eliminated - more for high industrial uses Site # 3 and 7 - Recommended these two/ flat land, little populated/cost of land should be reasonable. There was discussion about the Immediate Service Area Boundary Line, parcel size, and the process. Bob Kirmis pointed out that if Sewer goes in, the whole Land Use Plan will have to be looked at, with a lot of shifting. He also advised the committee to see how this would fit into with Frankfort Township and the Transportation Plan. Ing Roskaft motioned to accept the Committees Report on the 3rd Industrial Site Selection. Seconded by Jim Kolles. All in favor. Motion carried. CM Fournier thanked the 3rd Industrial Site Selection Committee for all their hard work. He also suggested this item should be on the next EDAAC Agenda. Carl Swenson brought up the Code of Ethics the City Council adopted in May of 1992. Item #4. Should consideration be given to changing this one? Mr. Swenson doesn't think it appropriate for Planning Commission Members to state before the Hearing on how they are going to vote. The City Council requested a recommendation in writing. 9_ Adjourn Richard Nichols motioned to adjourn. Seconded by Ing Roskaft. All in favor. Motion carried. Meeting adjourned at Midnight. Arleen Nagel, Secretary Minutes by Judy Hudson, Recording Secretary