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07-19-95 PCCITY OF OTSEGO PLANNING COMMISSION MEETING JULY 19, 1995 Chair Carl Swenson called meeting to order at 8 PM. ROLL CALL: Carl Swenson, Ing Roskaft, Bruce Rask, Arleen Nagel, Mark Wallace, Richard Nichols, Alternate. Excused Absence: Jim Kolles, Gene Goenner. Staff: Bob Kirmis, Assistant Planner; Larry Koshak, Engineer; Judy Hudson, Deputy Clerk. Council: Vern Heidner, Alternate CC Representative, Suzanne Ackerman. Ing Roskaft motioned to accept the minutes of July 5, 1995. Seconded by Arleen Nagel. All in favor. Motion carried. Chair Swenson noted that the rezoning for this property was approved at the last Planning Commission. He turned the meeting over to Larry Koshak to answer the PC questions they had raised at the last meeting. Why this property was switched from the Halls Pond Taxing District to the North Mississippi Taxing District. Also is there adequate ponding and drainage. Mr. Koshak suggested this because upon development the majority of the stormwater run off will flow into the North Mississippi District. Mr. Koshak noted that revisions of the plat shows more than adequate storage and drainage. PC questioned the UPA Lines. Mr. Koshak received a letter from UPA that they concur with the drawings. All buildings must meet the setbacks. Regarding the building pads. The developer has addressed the building pads which Mr. Koshak agreed with and also the drawings show the elevations. Planning Commission Minutes of July 19, 1995, cont'd. Page 2. Mr. Kirmis noted that their recommendations remain the same, as subject to the conditions in the NAC Report of June 20, 1995. Chair Swenson opened the Hearing to the public. Scott Rodby: 14717 NE 95th Street, had questions for Larry Koshak. 1. Will the road go all the way up to the property line. Mr. Koshak replied that it will and there will be no land in between. 2. What is the easement from the power line. The widest part of easement is 180 feet and you can build up to the easement line. 3. What is the set back from the County Road. 65 feet from the ROW. Bob Kirmis explained we use the property line, referring to the ROW, we say 65 feet and in this case the ROW is 50 feet plus the 65 feet. Chair Swenson closed the hearing and brought back to the PC for questions. Ing Roskaft stated he was satisfied with the information from UPA, building pads and the storage issues. Mr. Koshak also went over the presents culverts: One under 39 is shallow and there is also a culvert under ODean. Ponding on site will store additional runoff. Any projects that would need to be done could be funded by developer, assessments or the taxing district. Arleen Nagel noted Item #2 on the July 18 memo from Hakanson Anderson. She noted that from previous discussions, if there was a need for a trunk line, the developer would be responsible. Arleen also asked what residents would be assessed in the taxing district. Larry said this can be addressed through the developers contract, the Council has the ability to place an impact fee on the developer and that impact fee would be responsible for any future projects. It would sit in escrow until additional fees are received. He also said that everyone in the taxing district benefiting from the project would be assessed. Bruce Rask asked why the culvert is too shallow and who was responsible. Larry replied that if the culvert was used ultimately for drainage to the river we could not use it. The developer, George VanTatenhove, noted that a shallow culvert is a benefit, aiding in holding ponding on site. There was a lot of discussion on the way the taxing district functions. It was also noted that no fees have been established for these districts. Planning Commission Minutes of July 19, 1995, contd. Page 3. Chair Swenson asked if there were any other questions. a Subdivision of the Land to create 8 - Lots ( Preliminary P atl Ing Roskaft motioned to approve the VanTatenhove Subdivision/Preliminary Plat. Seconded by Bruce Rask. All in favor. Motion carried. 44. Hearing to consider an Amendment to the Zoning Ordinance to amend Section 20.15 concerning Non -Conforming Lot; of Record_ Chair Swenson explained the proper Hearing Procedures. Judy Hudson noted that all postings had been done. Bob Kirmis reported that Andy MacArthur drafted the changes which was reviewed by NAC. Reason for proposed changes: Result of recent subdivision request with questions to development rights. Attorney determined that ordinance was not clear on development rights. City Council directed attorney to clarify development rights of non- conforming lots. The amendment basically requires if a owner owns a number of undersized lots, which join each other, they will be required to combine them, if development is proposed. Bob went through the amendment with the suggested changes (see attached). Chair Swenson opened the Hearing to the public. No one was present. Brought back to Planning Commission for discussion. The commission concerns were: Existing lots where owner only owns one lot and would want to build. Owners purchased in good faith several years ago and now they can't develop. Lots in the Wild and Scenic Area. Bob Kirmis responded that there are loop holes, but to keep in mind in order to build you must demonstrate lot can support a septic and drainfield, road frontage and most of these lots are not in the Wild and Scenic. He also suggested to revise the Ordinance as suggested and ask the attorney if see if he can close up the loop holes. Mark Wallace motioned to approve the Amendment to the Zoning Ordinance to amend Section 20.1.5, Non -Conforming Lots of Records as written. Seconded by Arleen Nagel. All in favor. Motion carried. Planning Commission Minutes of July 19, 1995, cont'd. Page 4. Ing Roskaf motioned to continued the Hearing to consider an Amendment to the Subdivision Ordinance concerning Park and Trail Dedication Fees to August 2, 1995. Seconded by Richard. All in favor. Motion carried. Chair Swenson turned over to Richard Nichols. The Planning Commission had their Brainstorm/Visioning Session. The attached outline records their comments. Carl Swenson suggested another session before meeting with EDAAC and City Council. Bob Kirmis suggested to think about working off from the Comprehensive Plan. Chair Swenson thanked Mr. Nichols. Commission requested following changes: Item #10 - word must be changed to shall Item #3 - non-voting Richard Nichols motioned to adopt the By-laws with the above two minor changes. Seconded by Arleen Nagel. All in favor. Motion carried. Discussion: CM Heidner questioned #18, where he often calls the staff and commission. Chair Swenson responded that what they are trying to say is the influence of vote. Mark Wallace pointed out that the Planning Commission is a independent advisory group and this should apply. Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Arleen Nagel, Secretary Judy Hudson, Recording Secretary.