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10-04-95 PCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION MEETING 8 P OTSEGO CITY HALL OCTOBER 4, 1995 1_ Chair call meeting to order_ Chair Carl Swenson called the October 4, 1995 Planning Commission Meeting to order at 8 PM. Roll Call: Carl Swenson, Arleen Nagel, Jim Kolles, Eugene Goenner, Ing Roskaft, Richard Nichols, and Suzanne Ackerman, Council Representative. Excused Absence: Bruce Rask Staff: Bob Kirmis, Assistant Planner; Andy MacArthur, City Attorney; Elaine Beatty, Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. Council: Mayor Norman F. Freske; Councilmembers: Larry Fournier, Vern Heidner. 2_ Consider Minutes - Richard Nichols motioned to approve the September 27,1995 Planning Commission Minutes as written. Seconded by Arleen Nagel. All in favor. Motion carried. Knrz-ff"t F- •-1 u • . 1 1 ►1 1.1 1.1 Applicant requests: A Conditional Use Permit to allow a Commercial Feedlot in an A- I Z District - The r The Chair explained that at the September 27th PC Meeting there was a motion on the table to approve the CUP. During the meeting there was considerable information presented. In order to give the PC more time to review the information, there was a motion to table the motion to the October 4, 1995 PC Meeting. Ing Roskaft motioned to remove the motion from the table. Seconded by Arleen Nagel. All in favor. Motion carried. Eugene Goenner: Stated he is in support of this project. Mr. Goenner understands the fear of the unknown the residents have about this operation. Farms have to expand to be competitive because of the economy. He feels this is a Rural City and residents and farmers must learn to co -exist together. Residents moved out here for the rural setting, but they have caused damage also to the farms with their snowmobiles damaging crops, their garbage dumping etc. If the City doesn't allow the farm area to expand, then we have lost being a unique City. Planning Commission Meeting of October 4, 1995, contd. Page 2. Richard Nichols: Stated he is not in support of this project. Mr. Nichols stated as Planning Commission members they must decide the merits of this application within the parameters of current state laws as applied by the MPGA, current city ordinances and Comprehensive Plan. They lack the latitude to take into account other concerns as the City Council members have. The City doesn't owe increased profits to our farmers or to our residents. Mr. Nichols has toured the Lef-Co Farms and other much larger operations and he didn't find the odors, noise or flies to be objectionable or out of the ordinary for a farm. He also believes that Lef-Co Farms have presented an environmentally sound design with the boundaries of current technology Otsego's Zoning Ordinance 20-4-2 F issues of land use compatibility and potential impact on property values shall be taken into account in making decisions to accept or reject this CUP. Mr. Nichols cannot support approval of this CUP for two reasons: 1. His personal feelings on property values don't count. But there are the fears of the neighbors, which reflect the fears of potential buyers. The words "commercial feedlot" are highly charged that a reasonable conclusion is that property values are impacted even though we had little actual testimony that's relevant to the Lef-Co project. 2. He believes the project proposal fails to meet the land use compatibility requirements of Ordinance Section 20-4-2 F2. It is near future low density housing and also within 1000 feet of a protected shoreline with the potential for future development as a city park. It is also too close to current residences. His fundamental difficulty is with the relocation to the proposed site. Mr. Nichol's stated it's the right project put in the wrong place. Arleen Nagel: Stated she will support this project. Mrs. Nagel said she sympathizes and understands both sides. After reviewing the material and the site inspections she sees no problems with this project. Jim Kolles: Stated he will support this project. Mr. Kolles stated that not only is he in the dairy business but owns property in the proposed downtown area of Otsego. His family was not always in favor of what has gone in that area, banks, school, Church etc. He would always hear the remarks that he should be in favor of these projects, because its good for Otsego. This is the approach he is taking for the Lef-Co Project. Lef-Co is progress, a big improvement over the current operation, especially regarding the manure management. This will be an improvement to the City. Agricultural is a big part of the economy for Otsego. Mr. Kolles feels that if we look down on this project, it will not be a good out -look for Agricultural in the City. Carl Swenson: Stated he is not in support of this project. Mr. Swenson has talked to several farmers within and outside of the City. Mr. Swenson believes that the Dairy Industry is an important asset to this area and State. He feels that the responsibility as a Planning Commissioner is to look at the long term effect on the city. Planning Commission Meeting of October 4, 1995, cont'd. Page 3. Mr. Swenson stated he also has considerable sympathy for the applicant and their attempt. It is important to protect Ag Land, but with the amount of residential development scattered throughout the City, he feels that there is no location left in the City that would be suitable for an operation of this size. As a PC Member it would not be in good planning to recommend approval of this project. Mr. Swenson also noted he had two problems with going against this project: 1. Sympathy with applicant. 2. Methods used by residents opposing this. The unsigned letters. The attacks used on the Applicants, Staff and Planning Commission. These remarks are not helpful and did not influence his vote. Mr. Goenner voiced concerns over the remark there is no available spot in the City for an operation of this kind. He questioned why does the City have the A-1 Zone and what is the purpose of the A-1 Zone. Richard Nichols pointed out that he didn't say he didn't support the concept he couldn't support the location. Carl Swenson reiterated that because of the number of scattered residential developments in this City he doesn't see where it would fit in this City. The site they visited was not close to residential. Five years ago, the typical dairy operation was between 30 and 100 cows, and that level of activity is existing compatibility, but going to this size of operation, when looking at the location, is a problem. They are required to get a CUP, we are required as a PC to consider certain things. One of those is the proposed use impact upon property values in the surrounding area. In Mr. Swenson's opinion, homes along Packard Avenue would decrease in value. The Planning Commission further discussed the issues of the residential and commercial growth, the fact that people moving out here are aware that they are moving into a rural atmosphere. Also discussed was the possibility of sewer and the changes it might bring to the area being discussed for development. The Planning Commission agreed that the Lefebvres' are good managers, but other operators might not be. Ing Roskaft: Stated he supports this request. Mr. Roskaft moved out here over 50 years ago and has lived next to a farm which raised pigs. He never complained to the farmer. Mr. Roskaft feels we must be able to put up with the neighbors. He also has had to put up with his Christmas trees being stolen, windows broken, and he has been threaten. Ing Roskaft called the question. Eugene Goenner wanted the six conditions in the motion. Chair Swenson read the motion made at the September 20, 1995 Meeting. Planning Commission Meeting of October 4, 1995, contd. Page 4. Ing Roskaft motioned to grant the Conditional Use Permit to Lef-Co Farm Corp. on the condition that they furnish the grading plan and all other necessary plans for the City Council to make the final decision. Seconded by Eugene Goenner. Ing Roskaft who made the motion, agreed to add the conditions. Eugene Goenner, who seconded the motion, said this wasn't acceptable. Eugene Goenner motioned to amend the motion to include all the conditions listed in the NAC Report with a change to Condition 2 to read: The proposed feedlot, including all buildings and holding basins should comply with the City's Shoreline setback requirement. Seconded by Arleen Nagel. All in favor. Motion carried. Voting For: Eugene Goenner, Jim Kolles, Arleen Nagel, Ing Roskaft Voting Against: Carl Swenson, Richard Nichols Motion carried four to two. Elaine Beatty stated this Item will be on the October 23rd City Council Meeting. Bob Kirmis recommended that the originator of the proposed ordinance give a report. Andy MacArthur noted the EDAAC is requesting a continuance of this Hearing. Chair Swenson opened the Public Hearing and explained the process. He also explained this amendment is being proposed by the Economic Development Authority Advisory Commission. Elaine Beatty noted that the proper publishing and noticing have been done. Rudy Thibodeau, 9100 Park Avenue, and a member of the EDAAC. Mr. Thibodeau reported that the EDAAC has worked over a year addressing Ordinances 28 and 29. They have written a new ordinance which they presented to the City Council and asked for their support. Mr. Thibodeau stated they are not prepared to go over this in detail and were under the assumption that this evening was for review. He believes they have addressed the concerns of staff and would like the Planning Commission to review this and they will be prepared for the next meeting. Planning Commission Meeting of October 4, 1995, cont'd. Page 5. Ing Roskaft motioned to continue this Public Hearing to the October 18, 1995 Planning Commission. Seconded by Richard Nichols. All in favor. Motion carried. Chair Swenson opened the Public Hearing. Elaine Beatty noted the proper publishing and notices have been done. Staff Report Andy MacArthur said this Public Hearing is for the consideration of the Proposed Interim Ordinance temporarily prohibiting approval of certain development requests within that area of the City of Otsego illustrated on the attached Exhibit A. The Purpose is in conjunction with the study of the joint wastewater treatment plant. They are in the early stages of establishing perimeters for the plant. As this progresses, there could be changes to the Land Use Plan and the Comprehensive Plan. Another reason for the Public Hearing is to receive information from residents who might have plans for certain types of minor developments that could be included and allowed in this ordinance. Chair Swenson opened the Hearing for public comment. No one wished to be heard. Chair Swenson closed the Public Hearing. Richard Nichols questioned the boundary lines and why wasn't the line further to the North. Mr. MacArthur explained these lines were established being the most likely area, but to keep in mind the study is still in progress. Ing Roskaft motioned to approve the Interim Ordinance temporarily prohibiting approval of certain development requests within that area of the City of Otsego graphically illustrated on Exhibit A. Seconded by Jim Kolles. All in favor. Motion carried. Elaine Beatty noted this item will be on the October 23rd City Council Agenda. Planning Commission Meeting of October 4, 1995, cont'd. Page 6. There was none. Ing Roskaft motioned to adjourn the October 4, 1995 Planning Commission Meeting. Seconded by Richard Nichols. All in favor. Motion carried. Arleen Nagel, Secretary Judy Hudson, Recording Secretary