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02-19-08 PCITEM 2-1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL TUESDAY, FEBRUARY 19, 2008 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, Tammie Fallon, Doug Hackman, David Thompson and John Thelen. Excused absence: Troy Watring, Jim Kolles and Brian Gerten. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Dan Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney and Tami Loff, Deputy Clerk. Mayor Fournier; Councilmembers: Vern Heidner, Mark Thorsted and Jessica Stockamp. 2. Consider the following minutes. 2.1. February 4, 2008 Planning Commission Meeting. Commissioner Hackman motioned to approve minutes. Seconded by Commissioner Thompson. Motion carried. Chair Nichols abstained (not in attendance). CM Heidner read the attached statement. 3. Planning Items: 3.1. Eagle Trucking (tabled from 2/4/08),: A. Environmental Assessment Worksheet (EAW). B. Interim Use Permit to allow excavation for transport of sand/gravel. Chair Nichols turned the meeting over to Vice Chair Black and noted he will abstain from voting because he was not in attendance at the previous Public Hearing. Dan Licht presented the Planner's Report. Commissioner Thompson would like to clarification on the 1 year wait. Mr. Licht said if City Council denies the IUP then it is 1 year from that date before they could re -apply. Commissioner Thompson noted that on the EAW-Negative Declaration under Item D. the date should be April 2007. Commissioner Hackman said that on the plans from Eagle Trucking they were not signed by an engineer and had no calculations and that he hopes that if they come back that they are prepared. Mike Robertson said the applicants were informed of the requirements and staff told them they would not recommend approval if they were not fulfilled. They still went ahead. Commissioner Thompson motioned to adopt a negative declaration of the EAW and denial of the IUP based on the findings of fact presented. Seconded by Commissioner Thelen. Motion carried. Chair Nichols Abstained. 3.2. PUBLIC HEARING for Philip Rondeau: A. Zoning Map amendment from A-1 District to B-3 District. B. Preliminary/Final Plat. C. Site and Building Plan review. Planning Commission Meeting February 19, 2008. Page 2. Dan Licht presented the Planner's Report. The subject property was subdivided without any approval and does not meet city width requirements. City Staff is recommending tabling the application and directing applicant to address the width issue. Applicant Philip Rondeau, CentraSota, wanted commission to know that he was not the one who recorded this property, it was previous owners. Regarding the 200 foot lot width requirement, Mr. Rondeau said that he has made progress on this and plans on purchasing whatever land needed. He agreed with the conditions except with the snow removal requirement. He feels that the green space should provide enough storage and that hauling snow to a different location would be an additional expense. Mr. Rondeau said that they are trying to get a written cross easement agreement with Holiday Inn and have made several attempts. He is wondering if they are not able to get an agreement would that affect the outcome. Mr. Licht said that the plans show the access to the Holiday Inn property. Judy Hudson attested that all the proper noticing, publishing and posting was completed. Chair Nichols opened the Public Hearing at 7:43 PM. Hearing no public comments Chair Nichols closed the Public Hearing at 7:43 PM. Commissioner Hackman stated that they have a U.P.A. easement on the property. Mr. Licht said that the U.P.A. easement does allow parking. Commissioner Thompson said that he is concerned with the amount of parking. Mr. Licht said that can be looked at in the future meeting. CM Heidner said item 3 in the condition was added because they have had issues with other businesses in the area using the sidewalk for piling the snow that was removed. Commissioner Hackman asked about the open patio, does the city have any restrictions regarding structures covering the patio. Mr. Licht said that such structures are subject to the commercial building requirements of the Zoning Ordinance. Commissioner Fallon asked applicant about business hours. Steve Carlson, owner, said that they would open at eleven so all the deliveries would be in the morning. Chair Nichols motioned to table until the applicant has time to meet the lot width requirement. Seconded by Commissioner Black. All in favor. Motion carried. 3.3. PUBLIC HEARING for Joe Banack: A. Amend Section 20-95-4 of the Zoning Ordinance regarding substandard lots within the Wild & Scenic (WS) District. B. CUP to construct a single family dwelling on a substandard lot with less than 75 percent of the lot area required in the Wild & scenic (WS) District. Dan Licht presented the Planner's Report. Applicant has no comments. Judy Hudson attested that all the proper noticing, publishing and posting was completed. Chair Nichols opened the Public Hearing at 7:58 PM. Scott Kohler, 10348 99th St, was concerned with drainage. He stated that there is a lot of water in the spring at this location and how is that going to be contained? Mr. Kohler said that when he bought his two lots 16 years ago he was told he could never build on one of the lots. With this proposed change he could. City Engineer Ron Wagner said Planning Commission Meeting February 19, 2008. Page 3. that there is a culvert under Kahler Ave. and that a berm directs stormwater through it. Chair Nichols asked about the berm system. Mr. Wagner described how it worked. Owner Barb Neddermeyer- Henk, 10320 Kahler Ave, said that their lot is gravel and they have never been flooded and have had no erosion. Have owned the lot since 1986 and it is still the same. Commissioner Thompson asked Ms. Henk about the two drainage ditches. She said that there is a culvert that goes under the road and they have never had a problem with water going over the road. Scott Kohler, said that is true and if you go in and change it that will divert the water. Chair Nichols asked what would cause the water to back up. Mr. Wagner said that there nothing in the grading plan that would cause any backup. Robin Lindberg, 10381 Kahler, said that existing culvert was partially blocked last spring and needs to be cleaned out. She also said that she in concerned with possible erosion caused by the septic system. Mr. Robertson said that he will have the culvert checked. James Macheledt, 10383 Kahler, he had drainage concerns; in the spring before the culverts unfreeze they will need a high berm to keep water off Lot 5. He said that comments regarding his retaining wall are not true. The wall is solid and in good condition. Mr. Macheledt doesn't agree with changing the Zoning Ordinance just for this application. Commissioner Thelen asked if it would be okay if it was built and there was no problem. Mr. Macheledt said he can't see the drainage working. Chair Nichols said that it is not unusual for the City to reconsider sections of the Zoning Ordinance. Dan Licht agreed. Applicant Joe Banack presented his grading plan. Ron Wagner said he had reviewed the proposed drainage and that it would not impact any other properties. Chair Nichols asked if the slope in the drain field is a natural slope. Applicant Joe Banack said yes and they plan on leaving as is. Mr. Banack stated that the retaining wall of Mr. Macheledt is already leaning. Scott Kohler, asked who is responsible for drainage in the neighborhood if not the City Engineer. Mr. Robertson said that the neighborhood was platted in the 1970's under the County, not the City. He said the neighborhood was built without any engineered stormwater system. Mr. Wagner said the water in the ditch is under the City's control, all other issues are the homeowner's. Hearing no further comments, Chair Nichols closed the Public Hearing at 9:17 PM. Commissioner Thelen said that he has had drainage issues in his neighborhood. He is concerned with changing the Ordinance to build on this lot. Chair Nichols said that it will affect the whole city not just this lot. Planning Commission Meeting February 19, 2008. Page 4. Chair Nichols said that the question is will there be much change to the vegetation on Lot 5. Mr. Wagner said it doesn't. Commissioner Thelen asked is it possible to put restrictions on tree removal? That could be included in the motion Mr. Licht said. Commissioner Black motioned to approve an amendment to Section 20-95-4 of the Zoning Ordinance based on the findings that the request is consistent with the Comprehensive Plan and intent of the WS District provisions of the Zoning Ordinance, subject to certification by the DNR. Seconded by Commissioner Thompson. All in favor. Motion carried. Commissioner Thelen motioned to approve CUP allowing construction of a single family home upon Lot 5, Block 1 Island View Estates subject to the 3 conditions listed in the Planner's Report with an added condition requiring the developer to provide a tree preservation plan as outlined by the Zoning Ordinance for protection of significant trees outside of regional stormwater drainage areas and septic drainfields. Seconded by Commissioner Black. All in favor. Motion carried. 3.4. PUBLIC HEARING for Jerry Hudson: A. Zoning Map amendment rezoning from A-1 District to A-2 District. B. Condition Use Permit to allow a lot with an area of less than 20 acres. Dan Licht presented the Planner's Report. Tami Loff attested that all the proper noticing, publishing and posting was completed. Chair Nichols opened Public Hearing at 9:35 PM. Hearing no Public comments Chair Nichols closed the Public Hearing at 9:36 PM. Commissioner Fallon motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by Commissioner Black. All in favor. Motion carried. Commissioner Hackman motioned to approve a conditional use permit allowing a residential lot size of 8.3 acres within the A-2 District subject to the 4 conditions listed in the Planner's Report. Seconded by Commissioner Fallon. All in favor. Motion carried. 3_.5. Election of 2008 Planning Commission Chair and Vice Chair. Chair Nichols nominated Pam Black for Chair. Commissioner Black nominated David Thompson for Vice Chair. 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 Council actions. Planning Commission Meeting February 19, 2008. Page S. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. Mike Robertson noted no meeting on March 3, 2008. The next Planning Commission meeting will be March 17, 2008. 5. Adjournment by 10 PM. Commissioner Black thanked Richard Nichols for his years of service as Chair. Chair Nichols motioned to adjourn meeting at 9:53 PM. Seconded by commissioner Fallon. All in favor. Motion carried. Richard Nichols, Chair Attest: Tami Loff, Deputy derk