ITEM 3.3D Planning 7.6.2015 MinutesITEM 3_30
OTSEGO PLANNING COMMISSION MEETING
OTSEGO PRAIRIE CENTER
JULY 6, 201S
7:00 PM
Call to Order.
Chair Black called the meeting to order at 7:00 PM.
Roll Call: Chair Pam Black; Commissioners: David Thompson, Aaron Stritesky, Jim
Kolles, Steve Schuck and Richard Nichols. Absent: Commissioner Roger Mord.
City Council: Mayor Jessica Stockamp. Staff: Daniel Licht, City Planner and Tami Loff,
City Clerk.
1. Consider the following minutes:
1.1 June 15, 2015 Planning Commission Meeting.
Commissioner Schuck motioned to approve as written. Seconded by
Commissioner Kolles. All in Favor. Motion carried.
2. Public Hearing items:
2.1 Tires Plus:
A. Amendment of the PUD District and Great River Centre of Otsego site design
guidelines regulating freestanding signs.
City Planner presented the Planning Report. Applicant present and agrees with the staff
report.
City Clerk Loff attested that all the proper noticing, posting and publishing has been
completed.
Chair Black opened the Public Hearing at 7:05 PM.
Commissioner Stritesky questioned if the signs black steel pole ties in with the original
concept plan of the development. City Planner Licht said the other signs allowed by the
PUD district are monument signs with a stone base. The applicant stated that they
designed the sign similar to the Bank of Elk Rivers sign. City Planner Licht said the
Bank of Elk Rivers sign is outside the PUD. The applicant stated his main concern is to
have a sign visible from the CSAH 39/CSAH 42 intersection.
Chair Black closed the Public Hearing at 7:11 PM.
Commissioner Thompson motioned to approve an amendment of the Great
River Centre PUD District for Lot 1, Block 1, Great River Centre 2►,d Addition
subject to the three conditions listed in the Planning Report. Seconded by
Commissioner Schuck. All in favor. Motion carried.
2.2 Boondox Bar and Grille: (Tabled from April 20, 2015)
A. Amendment of the Planned Unit Development- Conditional Use Permit
approved October 24, 2011 to allow restaurant/bar occupancy of the
former clubhouse building for other than an office and the 2002 expansion
area and other site/building plan changes.
City Planner presented the Planning Report. Applicants Dion and Dawn Grover were
present. Mr. Grover asked for a 10:30 PM closing time of outdoor bar not 10:00 PM as
specified in condition #5. He agrees with the rest of the report.
City Clerk Loff attested that all the proper noticing, posting and publishing has been
completed. The City received written comments that have been provided to the
Commissioners in their packet prior to the meeting.
Chair Black opened the Public Hearing at 7:24 PM.
Mike Brown, 9124 Parkington Circle NE, said he doesn't agree with the 10:30 PM
outdoor bar closing time. He stated he has a problem with the existing noise, lights and
traffic and hours and that this proposal is even closer to his property. Mr. Brown
recommends closing off the north end parking lot/driveway across from his house and
having them exit the parking lot south by County Road 39.
Ron Touchette, representing the property owner, said an architect recommended
installation of sound walls rather than vestibules at the exterior doorways to better
direct sound coming out of the building. He also addressed the parking stating he has
spoken to adjoining neighbor and they agree with parking stall changes.
Commissioner Nichols said there are comments in the report and comments from the
public on maintaining hours what leverage we have on this issue. City Planner Licht said
the Wright County Sheriff would enforce and stated we also have the ability to issue a
citation. He stated per City Code under the liquor license for the property; employees
have one hour after sales to be off the property.
Commissioner Thompson asked if the proposed fence is outside of trees. City Planner
Licht said yes. There was discussion on if the eight foot wall would be sufficient. City
Planner Licht said it would screen without interfering with traffic on Park Avenue.
Commissioner Schuck asked if there have been noise complaints from the west. City
Planner Licht said majority is from the northwest, but noted that the City has had
comments about the noise from property owners to the west.
Commissioner Stritesky asked if there was room to put the fence inside the existing
trees. He said he is fearful of it becoming an eye sore. City Planner Licht said not with
the location of the existing plantings and proximity of the volleyball court.
Chair Black questioned if there is outdoor bands. City Planner Licht said they are
allowed one special use permit a year for an outdoor event and they are required to
notify the neighboring properties. _
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Kathy Brown, 9124 Parkington Circle NE, said her house is directly across and the noise
and lights are tremendous and that they have to run the AC during the summer to block
the noise. She stated concern with her property value. Ms. Brown said that they do
have live music outside on Wednesday or Thursday night. She also stated her concern
with parking.
Applicant Dion and Dawn Grover stated they don't have outdoor music.
Commissioner Nichols said we are not talking on increasing use. City Planner explained
the building will not be used for special events anytime adult volleyball is scheduled.
Commissioner Thompson asked what type of use is proposed for this building.
Ms. Grover stated small banquets, business meetings, etc.
Commissioner Stritesky questioned the applicant if the outdoor bar will increase
spectators during volleyball. Mr. Grover said no the intention is to better serve the
existing volleyball players with less wait time.
Dr. David Gilgenbach, AmVet, 15670 96t" Street, said pictures were provided previously
of parking within his facility. He said Boondox customers are parking on the access to
his property and it's not safe. Dr. Gilgenbach said attorney has directed him to not
have an agreement with Boondox and to not allow parking. He stated his main concern
is the parking issue.
Chair Black closed the Public Hearing at 7:49 PM.
Commissioner Nichols said regarding the AmVet parking issue what is the City able to
do. City Planner Licht said the applicant is proposing seventeen more parking stalls
plus ten parking stalls for employees at Riverview Liquor. He also said the AmVet
property owner can install no parking signs on their property and have vehicles towed
as this is a trespassing issue between two property owners.
Chair Black questioned the space inside and existing use. City Planner Licht said that is
part of the approval is to allow that use.
Commissioner Schuck said in conditions #6 and #7 it allows a year to construct. City
Planner Licht said that is a condition within the Zoning Ordinance. Commissioner
Schuck said his preference is construction of the fence and sound panels before use of
the northwest building is allowed. Commissioner Schuck said he would request the
language in conditions #6 and #7 be changed. City Planner Licht suggested wording
stating "prior to the issuance of a certificate of occupancy." Mr. Grover agreed.
Commissioner Stritesky asked if there is a way to check in on complaints on the
property and then have the Planning Commission review to see if the CUP needs to be
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evaluated. City Planner Licht said the Planning Commission can add condition #8
stating the Commissioners shall receive quarterly updated regarding the property
complaints for two years from the date a certificate of occupancy is issued and use that
information to see if the issues on the property have been addressed or if revocation of
the CUP needs to be considered.
City Planner Licht reminded the Commissioners that the applicant requested change to
condition #5 to state 10:30 PM instead of 10:00 PM. Commissioner Stritesky said he
sees no need to change to 10:30 PM. Commissioner Thompson disagreed and said he
agreed with 10:30 PM to give time for the volleyball players last round after their game.
Commissioner Stritesky said the volleyball players could go inside. He said if an
additional half hour is the need then he would rather see it shut down at 9:30 PM and
close at 10:00 PM than to add on another half hour.
Commissioner Thompson questioned Mr. Brown's suggestion of closing off the driveway
to the north. City Planner Licht said that Mr. Brown was referring to the west parking
lot, which does not have another access to a public street.
Commissioner Stritesky motioned to approve a PUD-CUP amendment for
Bobndox Bar and Grille subject to the eight amended conditions;
1. The PUD-CUP approved by the City Council on 24 October 2011 shall
remain in full force and effect unless specifically modified herein and
specifically the following:
a. There shall be no outdoor recreational activities between the
hours of 10:OOPM and 7:OOAM each day.
b. Exterior lighting of the outdoor recreation areas on the subject
site shall be turned off between the hours of 10:OOPM and
7:OOAM each day.
C. Use of an exterior audio public address or music system shall not
be allowed upon the property related to the exterior seating or
outdoor recreation uses.
2. The applicant shall provide documentation of a written agreement to
utilize ten (10) off-street parking stalls upon the Riverview Liquorette
property, subject to review and approval of City staff.
3. The applicant shall submit documentation of a written agreement with
the abutting property owner to the south regarding restriping the
existing parking lot to locate additional off-street parking stalls in the
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former drive through lane and drive aisle, subject to review and
approval of City staff.
4. The northwest building shall not be utilized for special
events/restaurant seating at any time that outdoor recreation
involving adult volleyball league plan is scheduled.
S. The outdoor bar shall not be used for serving between the hours of
10:OOPM and 7:OOAM each day.
6. The applicant shall construct of a solid wood fence a minimum of eight
feet tall along the north property line outside of the existing shrub row
from the northwest building to the east line of the principal building
prior to issuance of a Certificate of Occupancy for the northwest
building, subject to review and approval of City staff.
7. The applicant shall construct sound absorbing panels at the exterior
doorways between the principal building and patio area prior to
issuance of a Certificate of Occupancy for the northwest building,
subject to review and approval of City staff.
8. The Planning Commission shall receive quarterly updates regarding
complaints about use of the property for two (2) years from the date a
Certificate of Occupancy is issued for the northwest building to
consider the need for possible action to. revoke the conditional use
permit under Section 20-4-6 of the Zoning Ordinance.
Seconded by Commissioner Schuck. Motion carried 4-2. Commissioner
Thompson opposed due to the 10 PM closing and Commissioner Kolles
opposed due to the parking issues.
3 date on City Council actions.
Mayor Stockamp updated the Commissioners on City Council actions.
4 Update on future Planning Commission Agenda items.
Next meeting July 20, 2015 at 7 PM.
5. Adjourn.
Commissioner Stritesky motioned to adjourn. Seconded by Commissioner
Thompson. All in favor. Motion carried. Adjourned at 8:08 PM.
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Pam Black, Chair
ATTEST: *oq� —
Tami Loff, City Clerk