Loading...
03-19-07 PCITEM 2_1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL MARCH 19, 2007 7 PM 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at 7:00 PM. Roll Call: Chair Richard Nichols; Planning Commission Members: Pam Black, Troy Watring, Dave Thompson, Jim Kolles, Doug Hackman, John Thelen, Alternate and Brian Gerten, Alternate. Tammie Fallon was excused absent. City Staff: City Planner Daniel Licht, City Engineer Ron Wagner and Administrative Assistant Tami Loff. City Council: Vern Heidner and Mark Thorsted. 2. Consider the following minutes. 2.1. March 5, 2007 Planning Commission Meeting. Commissioner Hackman motioned to approve the minutes. Seconded by Commissioner Black. All in favor. Motion carried. 3. Planning Items: PUBLIC HEARINGS: 3.1. Friendship Addn: City Planner Daniel Licht presented the Planner's Report. Applicant Bob Fields, Landcor, said that he agrees with the Staff findings. Stated that he thought that the right-of-way along CSAH 42 was complete when the reconstruction was done. Mr. Fields said he would agree to provide an additional 10 foot area as an easement. Mr. Fields does agree with the parking lot recommendations. Regarding car wash, he thinks that the glass building would work with all the new ventilation systems and stated he would like to work with staff with that. Mr. Licht said that additional easement was allowed in place of platted right-of-way for the east side of CSAH 42 abutting the Great River Centre to accommodate City and small utilities and the City's bike trail. However, the decision to require dedication of an easement or of right-of-way has to be approved by Wright County as this is a County Road. Chair Nichols opened Public Hearing at 7:19 PM. Mike McChesney, 8891 Parrish Avenue, said he is opposed to this development as the commercial use impacts his residential property. He also doesn't agree with plans for 88' Street being centered on the property line and extending into his lot. Mr. McChesney said he already gave up 10 feet for the widening of CSAH 42 and he does Planning Commission Meeting of March 19, 2007. Page 2. not want to give up anymore. Mr. Licht stated that the Comprehensive Plan anticipates future commercial development of Mr. McChesney's property. City staff supports overlaying 88h' Street across the property line as both properties will benefit from the street. However, it is not necessary to construct the full street. Adequate access would be provided to the proposed development by constructing only the north half of the street within right-of-way dedicated from the plat and not impacting Mr. McChesney"s property at this time. Ted Flemmer, 15565 90th St, asked if the future phases of the property are going to be landscaped. Has a concern with it being left with just dirt. Mr. Licht replied that it will have grass cover. Chair Nichols asked why 88"' Street east and west of CSAH 42 do not line up. Mr. Licht replied that there is not a four way intersection across CSAH 42 because there will be a median in the road so 88t' Street does not need to line up with the section on the east side of CSAH 42. The section of 88t" Street west of CSAH 42 is proposed to overlay the property line shared by the subject site, Mr. McChesney's property and properties to the west consistent with past City practices as all of these properties benefit from the street and should share the burden of providing the right-of-way required for the street. Mr. McChesney said that he has an out building on the back of his property and if the street is done as shown it will interfere with his building. Mr. Licht said that if only the north half of the street is built initially, that the building would not be impacted. Kathy Coles, 15613 90"' Street, said she would like to see trees go in to shield this development from her property. Mr. Licht replied that City staff is recommending a hedge row along the west plat line to screen headlight glare and there will be shrubs surrounding the trash enclosures. Chair Nichols closed Public Hearing at 7:32 PM. Commissioner Watring asked if there is enough room within the north half of the 88th Street right-of-way to have two lanes of traffic. Mr. Licht replied that there is enough room for two drive isles. Commissioner Hackman asked if 88"' St is a temporary road. Mr. Licht replied that 88t' Street will be a permanent street that will provide interior access to the future commercial development south of CSAH 39 and west of CSAH 42. Commissioner Kolles stated his concern with with 88"' Street not aligning across CSAH 42 and the potential impact to Mr. McChesney's property. Mr. Licht said that because of the median in CSAH 42 required by Wright County, there will be no cross traffic. City Engineer Ron Wagner further reviewed access spacing requirements along CSAH 42. Mr. Licht said that if an agreement cannot be reached with the property owner to Planning Commission Meeting of March 19, 2007. Page 3. acquire the right-of-way for the south half of 88tt' Street the City would need to consider condemnation if there is a development proposal west of the subject site requiring extension of a public street for access. The property owner is compensated for the taking of the property and removal of buildings based on current market value, which is based on the future commercial use of the property guided by the Comprehensive Plan. Commissioner Thelen said he has mixed feelings regarding the location of 88"' Street. He understands the potential impact to Mr. McChesney's property, but feels that both properties will benefit from the street and that putting the entire right-of-way within the proposed plat is unfair to the applicant. The Planning Commission discussed the location of 88th Street west of CSAH 42 further. Chair Nichols stated that it appears that when 88"' Street east of CSAH 42 was platted, it should have been located 40 feet to the south to overlay the quarter section line. This alignment would have been consistent with the proposed location of 88"' Street west of CSAH 42 and past City practices. Mr. Licht noted that the property on the north and south sides of 88t�' Street east of CSAH 42 was under single ownership when the street was platted and met Wright County spacing requirements in effect at that time. Commissioner Hackman said he is not comfortable acting upon the application until Wright County has commented on the need for additional right-of-way for CSAH 42. Mr. McChesney asked if they can move the proposed building further north so that there is room for 88"' St. Mr. Licht replied that the entire site plan would have to be revised. Mr. Fields said that revising the development plan to include all of the 88t�' Street right- of-way within the plat is not acceptable. A. Zonina Mai) amendment rezoning from A-1 District to PUD District. B. PUD Development stage Plan for four (4) stand alone Commercial Buildings. C. Preliminary/Final Plat. Commissioner Thompson motioned to approve Subject to 22 Conditions listed in Planner's Report with addition of: 23. The preliminary and final p/at shall be subject to Wright County approval. Seconded by Commissioner Thelen. 6-1 Commissioner Kolles opposed. Motion carried. Planning Commission Meeting of March 19, 2007. Page 4. 3.2. Waterfront East 3rd Addn: Mr. Licht presented the Planner's Report. Applicant Bob Fields, Landcor, presented photos of plans for Otsego Waterfront East including Golds Gym Fitness Center, Riverboat Restaurant, Medical Office Building and future Skyway. The Fitness Center would be around 48,000 square feet. Mr. Fields clarified that they are only requesting approval of the PUD Development Stage Plan amendment at this time. Approval of final plats for the 3rd and 4m Additions will be sought after final construction plans have been submitted for review by City staff prior to consideration by the City Council. Mr. Licht stated that City staff is satisfied with this clarification and recommends approval subject to the conditions outlined in the Planning Report. Commissioner Thompson asked about snow removal on top of restaurant. Mr. Fields replied that the snow would remain because that area will not be used in winter. Commissioner Nichols said he has concern with parking for Riverboat not being located close to restaurant. Mr. Fields responded that the mix of tenants within the building will balance the need for parking and if necessary they would construct additional parking in front of the retail box pad as recommended by City staff. Chair Nichols opened Public Hearing at 8:40 PM and heard no public comment. Commissioner Thelen asked about parking and curb along Quantrelle Avenue in front of the retail box pad. Mr. Licht said there would be islands but no curbs and that the area will appear to be a standard parking lot. Commissioner Black asked about the city plowing the Quantrelle Avenue right-of-way. Mr. Licht said that the developer will need to be responsible for clearing the plow rows at the parking lot entrances. Mr. Fields stated that they will coordinate snow removal with the Public Works Department. If the snow removal contractor arrives on the site first, Mr. Fields said he expects that they would clear the snow from the right-of-way with the rest of the parking areas. Commissioner Gerten asked if the underground parking of the office building will be open to public. Mr. Fields said that it is not open to public. Chair Nichols closed Public Hearing at 8:51 PM. Commissioner Thelen stated his concerns with all the openings along Quantrelle Ave. City staff and Mr. Fields explained that the accesses will function like a parking lot and not a City street. Several potential changes to the parking lot design for the retail box Planning Commission Meeting of March 19, 2007. Page S. lot were discussed. Mr. Licht recommended adding a condition that the design of the parking area for the retail box lot be subject to further review with the application for site and building plan approval for that use. Mr. Licht said that bituminous curb would be allowed on the north side of Quantrelle Avenue until the retail box lot developed. Council Member Heidner stated that the speed limit can be lowered on that road. Commissioner Gerten asked about the allowance for the three interstate monument signs recommended by City staff. Mr. Licht said that the Sign Ordinance would allow 14 free standing signs each 50 feet tall and 200 square feet in area. The proposal is to co -locate the freestanding signs along the TH 101 frontage into three signs 50 feet tall and 320 square feet in area. Mr. Licht said that the proposed sign allowance is consistent with that approved for Great River Centre and serves to minimize the number and total area of freestanding signs within the development. A. Amendment of the PUD Development Stage Plan for Waterfront East. Commissioner Black Motioned to approve the amended PUD Development Stage Plan and amended Preliminary Plat subject to 20 conditions listed in Planner's Report and: 21. The parking lot design and access for the retail box lot shall be subject to further review with the application for site and building plan approval for that user Seconded by Commissioner Hackman. All in favor. Motion carried. 3.3. An amendment of the Zoning Ordinance related to conditional and interim uses within the various districts and criteria for approval of Zoning Ordinance Amendments, Conditional Use Permits and Interim use Permits. Mr. Licht presented the Planning Report report. Keith Knutson, 6630 Odean Avenue NE, stated a concern with the Ordinance changing conditional uses to interim uses. Mr. Licht explained that the amendment applies only to those specific uses identified in the proposed ordinance amendment and that CUPS previously approved for Mr. Knutson's property would not be effected. Mr. Licht also said that City staff considered the potential investments in building or equipment involved in establishing a current conditional use as to whether that use should be changed to an interim use. Ben Bastyr, 12153 87"' Street, asked if the proposed amendment were approved, would it be in effect immediately. Mr. Licht explained that any application not approved by the Planning Commission Meeting of March 19, 2007. Page 6. City Council prior to the effective date of the proposed ordinance amendment after City Council approval and publication would be subject to the regulation. Nancy Fehn, 12867 83�d Street, asked for a clarification as to why criteria regarding a use's effect on an area and criteria regarding the service capacity of schools was recommended to be deleted. Mr. Licht explained that the first criteria is redundant with the criteria dealing with consistency with the Comprehensive Plan and compatibility with the surrounding area. Mr. Licht said that the specific reference to schools as part of the City's zoning decision criteria was recommended to be removed as the City Council does not control decisions on school infrastructure. Commissioner Hackman asked that different language be used to describe "land filling" so as not to suggest a garbage dump. Mr. Licht said that City staff would revise the proposed ordinance amendment before consideration by the City Council. Councilmember Heidner said that the proposed Ordinance amendment is being considered in response to comments made during the public hearing for the recent Pouliot CUP. Ms. Fehn said that interim use permit is not really what the area residents are concerned about; they do not want a mining permit approved in their area and worry that this change is being made so that it is easier for the mining permit to be approved. Mr. Licht said that the City initiated the change to strengthen the City's ability to regulate any proposed mining operations, specifically to be able to define and require an end date to the use. Craig Fenstra, 12728 83rd Street, stated he likes the move to interim because it gives a finish date. Mr. Bastyr had question on about an interim use permit being approved with subsequent changes in the area making the use potentially incompatible. Mr. Licht replied that the interim use permit process would allow for conditions being set for termination of the permit or changes in the approved operation based on anticipated events in the area of the use. Tom Carter, 9466 Nashua Avenue, asked what is to keep a mining operator from applying for another interim use permit when the first one expires. Mr. Licht that any property owner may request any use as allowed by the Zoning Ordinance. The difference between allowing mining as an interim use versus a conditional use is that the right to the use terminates at a date specified by the City. Any subsequent reapplication would have to be evaluated based on the conditions and performance standards that exist at that time without standing as an existing approved use. John Skogman, 12867 83rd Street, asked if the proposed ordinance amendment affects the mining permit on 101 and 37. Mr. Licht replied that it would; the interim use permit Planning Commission Meeting of March 19, 2007. Page 7. to mine the area at TH 101 and CSAH 37 would expire upon completion of the current operational plan. Commissioner Thelen said it is important that the concerns regarding the previous Pouliot CUP application are not affected by the proposed amendment and would have to be addressed as part of any new application. Chair Nichols Closed the Public Hearing at 9:53 PM. Commissioner Thompson motioned to approve Amendment to Zoning Ordinance. Seconded by Commissioner Watring. All in favor. Motion carried. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. Council Member Heidner updated the Commission on recent Council actions and other City business. 4.2. Update on future Planning Commission Agenda Items. Mr. Licht noted that there is nothing on the agenda for April 2"d, 2007 Planning Commission. 5. Adjournment by 10 PM. Commissioner Black motioned to adjourn. Seconded by Commission Thompson. All in favor. Motion carried. Meeting Adjourned at 10:04 PM. Richard Nichols, Chair Attest: Tami I Administ tive Assistant