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04-17-06 PCITEM 2.1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL APRIL 17, 2006 7 PM 1. Chair Nichols will call the meeting to order. Chair Nichols called the Planning Commission to order at 7:00 PM. Roll Call: Chair Richard Nichols; Commission Members: Pam Black, David Thompson, Doug Hackman, Tammie Fallon, Tom Darkenwald and alternates Troy Watring and John Thelen. Jim Kolles arrived after the meeting started and was not seated. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator and Daniel Licht, City Planner. Council: Mayor Larry Fournier and Councilmembers Vern Heidner 2. Consider the following minutes. 2.1. April 3, 2006 Planning Commission Meeting. Commission Black motioned to adopt the minutes as written. Seconded by Commissioner Thompson. All in favor. Commissioner Darkenwald abstained. Motion carried. 3. Planning Items: PUBLIC HEARINGS: 3.1. Richard & Claudia Nelson: a. CUP to allow relocation of a single family home to an R-3 Residential Lot. Dan Licht presented the Planner's Report. The applicant agreed with all the conditions. Judy Hudson attested that all proper noticing, posting and publishing was completed. She also said that she received a phone call from the applicant's neighbor, Marty Carroll, who stated their full support of this Conditional Use Permit. Chair Nichols opened the Public Hearing at 7:05 PM. Jay Stemler, 14183 88th Street NE, asked if a manufactured home can replace the existing manufacture home. Mr. Licht replied yes as long as the home meets the Ordinance requirements of length and width and all building codes. Hearing no other public comments, Chair Nichols closed the Public Hearing at 7:08 PM. Commissioner Thompson motioned to recommend approving the Conditional Use Permit to allow the relocation of an existing single family dwelling to 14123 88th Street NE subject to the five conditions listed in the Planner's Report. Seconded by Commissioner Watring. All in favor. Motion carried. 3.2. Featherwind: a. Variance from Sec. 20-95-7.C.1 of the Zoning Ordinance. Dan Licht presented the Planner's Report. Judy Hudson attested that all proper noticing, posting and pubiishiny was COFHP-feted. Chair Nichols opened the Public Hearing at 7:15 PM. Paul Fields, Large Court, stated his concern for the increase of traffic from this development. Mr. Licht explained the developer will provide turn lanes and passing lanes. Planning Commission Meeting of April 17, 2006. Page 2. Liz Brandt, 12188 95th Street NE, asked about an easement they have that goes with their property on the east property line. Mr. Licht said he hasn't seen any easement show up on the plat but will look into this and asked Ms. Brandt to provide any information they have. Commissioner Thompson asked how many lots are located in the Wild and Scenic area. Mr. Licht replied 65 lots. Hearing no other public comment, Chair Nichols closed the Public Hearing at 7:21 PM. Commissioner Darkenwald motioned to recommend approving a variance from Section 20-95-7.C.1 of the Zoning Ordinance based on a finding that compliance with the regulation causes an undue hardship in preserving rural character and protecting significant natural resources, including the shoreline of the Mississippi River consistent with the goals and policies of the Comprehensive Plan. Seconded by Commissioner Black. All in favor. Motion carried. 3.3. Davis Mississippi Cove: a. Rezoning from A-1 to District to R -C District. b. Variance from Section 20-95-7.C.1 of the Zoning Ordinance. C. PUD-CUP/Preliminary Plat. d. Vacation of underlying Otsego Town site Plat. Dan Licht presented the Planner's Report. Scott Dahlke, project engineer for the applicant, stated they agree with all the conditions. Judy Hudson attested that all the proper noticing, posting and publishing was completed. Chair Nichols opened the Public Hearing at 7:35 PM. John Anderson, 95th Street, asked if the current Lenz driveway will be closed in the future. Mr. Licht explained this will be upgraded to a permanent street and when CSAH is upgraded to a four lane street, it might be limited to right-in/right-out access. Jeff Adamski, 12796 95th Street, stated his concern with the drainage plan to the east of his property. Mr. Licht explained that they are directing the flow to the natural ravine. The City Engineer is working with the developer to put some of this underground. Mr. Dahlke said this plan won't impede any structures. Mr. Adamski requested if it could be moved further from his property. Mr. Adamski asked if he could develop 2.5 acre lots. Mr. Licht replied no and explained why the DNR is requiring this variance. Mr. Adamski also asked about the density on the west side now showing 22 lots which had originally shown 12 lots. Mr. Licht explained this change was because of the registered feedlot at John Anderson's farm requires a 1,000 foot setback from any homes. These changes still meet all zoning ordinances. Chair Nichols asked if this development meets the open space requirements and Mr. Licht replied it does with over 59 acres of open space. Commissioner Darkenwald questioned allowing lots on the south side of their proposed street when the City required Featherwind Farms to remove their homes on the south side or a street in order to screen development from CSAH 39. Mr. Licht explained Featherwind was requesting more units and the trade-off was moving the homes further away from CSAH 39. Mississippi Coves meets the density requirements and also there is a substantial tree line to screens the homes. Planning Commission Meeting of April 17, 2006. Page 3. Chair Nichols questioned the transfer of development rights. Mr. Licht this was addressed previously with a Conditional Use Permit, which is still valid. Commissioner Black asked if the stormwater runoff pond will have water in it at all times. Mr. Dahlke said the pond is large and oversized but considering the type of soils, it should be dry most of the time. Commissioner Hackman asked about maintenance of this pond. Mr. Dahlke explained the seeding would be a drought tolerant seed and the association will be responsible for maintenance and it will be mowed periodically. Hearing no other public comments, Chair Nichols closed the Public Hearing at 7:53 PM. Commissioner Darkenwald asked about increasing the square footage to 1400 square feet for attached garages. Mr. Dahlke said with the caliber of homes going in this development they want the garages sized accordingly. Chair Nichols asked if there would be length and width requirements. Mr. Licht said no. Commissioner Thompson suggested limiting the width and therefore the larger garages wouldn't be so visible. Chair Nichols suggested more discussion and action on this issue at the next Planning Commission Meeting. Councilmember Heidner suggested getting the City Engineer's input on the impact of stormwater drainage with more impervious surface. John Lenz said that the reason he is selling his land for this development is in order to build a new home with an attached garage of over 1200 square feet on 4 acres of land. Commissioner Black motioned to recommend approving a Zoning Map amendment to rezone the subject site from A-1 District to R -C District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Black motioned to recommend approving a variance from Section 20-95-7.C.1 of the Zoning Ordinance based on a finding that compliance with the regulation causes an undue hardship in preserving rural character and protecting significant natural resources, including the shoreline of the Mississippi River consistent with the goals and policies of the Comprehensive Plan. Seconded by Commissioner Fallon. All in favor. Motion carried. Commissioner Thompson motioned to recommend to approve a Preliminary Plat and PUD -CUP for transfer of development rights for Davis Mississippi Cove, subject to the four conditions listed in the Planner's Report and including in Condition 1 that this is subject to staff approval. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Hackman motioned to recommend to approve vacation of the original town plat underlying the subject site based on a finding that the request necessary to allow for development consistent with the Comprehensive Pian, Zoning Ordinance and Subdivision Ordinance. Seconded by Commissioner Black. All in favor. Motion carried. Commissioner Darkenwald motioned to table decision on the Zoning Text Amendment to the May 1, 2006 Planning Commission Meeting. Seconded by Commissioner Hackman. All in favor. Motion carried. Planning Commission Meeting of April 17, 2006. Page 4. 3.4. Boulder Creek: A. Environmental Assessment Worksheet. B. Rezoning from A-1 District to R-5 District, R-6 District and R-7 District. C. PUD-CUP/Preliminary Plat. Tabled from the April 3, 2006 Planning Commission Meeting. Dan Licht presented the Planner's Report. John Jackels, applicant, handed out April 3, 2006 versions of their plat but which did not include their recent changes as a result from Staffs recommendations. Mr. Jackels said that 12 of these conditions are routine and that in the last few days they have addressed six conditions including the setback requirements from CSAR 37, eliminating the cul-de-sac etc., leaving six conditions (4, 11, 121 16, 23, and 24) to be discussed. Condition 4 regarding the school district boundary they will work with the two school districts and involves about 12 lots. Condition 12, Mr. Jackels said they meet the parking requirements. Condition 16, would like the builders to have an option for an outdoor patio. Condition 23 existing structures to be taken down when needed as the developer would like to use them. Condition 24 need to work with the City. Mr. Jackels requested that the two driveways in Condition 11 stay as is to prevent these streets turning into through street. The Planning Commission questioned the safety issues of not having more access if temporary blockage occurs and would there be room to turn around and are there enough parking spaces. Mr. Licht explained there is adequate width of street and driveway to turn around and adequate parking spaces being provided. The Planning Commission agreed with giving the builders the option for an outdoor patio but before taking any action on this application they would like to see the revisions. Commissioner Black motioned to table taking any action on Boulder Creek until the May 1, 2006 Planning Commission Meeting Seconded by Hackman. All in favor. Motion carried. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. CM Heidner updated the Commission on recent City Council actions. CM Heidner also expressed his appreciation to the Planning Commission on their detailed attention given to all the applications as this helps the Council on their decisions. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. Judy updated the Commission on upcoming agenda items. 5. Adjournment by 10 PM. Commissioner Hackman motioned to adjourn. Seconded by Commissioner Thompson. Ail in favor. Motion carried. Meeting adjourned at 9:50 PM. Richard Nichols, Chair Attest: Judy Hudson, Clerk/Zoning Adm.