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10-02-96 PCCITY OF OTSEGO PLANNING COMMISSION MEETING OCTOBER 2, 1996 - 8 PM 1. Call Planning Commission Meeting to order: Chair Swenson called the Planning Commission meeting to order at 8:00 PM. ROLL CALL: Chair; Carl Swenson, Commissioners; Ing Roskaft, Eugene Goenner, Arleen Nagel, Jim Kolles, Richard Nichols. Commission Member Bruce Rask arrived at 8:20 PM. Council Representative: Larry Fournier Staff: Bob Kirmis, City Planner, Larry Koshak, City Engineer, Andrew MacArthur, City Attorney, Elaine Beatty, City Clerk /Zoning Administrator, Carol A. Olson, Secretary. 2. Consideration of Minutes of September 4, 1996: Ing Roskaft motioned to approve Planning Commission Minutes of September 4, 1996, as written. Richard Nichols seconded. All in favor. Motion carried. 3. HEARING - Roger and Darlene Marx, 15683 NE 70th Street, Otsego, MN. Request is as follows: 1. A CUP to allow a one per forty split of Agricultural land larger than 2-1/2 Acres. Chair Swenson read Planning Commission Hearing procedures. Elaine Beatty, City Clerk, stated that all publishing and posting had been done. Mr. Kirmis read applicant's request and NAC's report dated Sept. 23, 1996, regarding the CUP request to allow for a one per forty split. Mr. Kirmis pointed out two areas worthy of discussion. One, is justification for the lot size. NAC feels conditions for lot size have been met. Two, concern regarding existing silo setbacks. One of three options should be implemented. Option 1. The western lot line be shifted eastward to exclude the silo. Option 2. The silo be removed. Option 3. The western lot line is shifted westward to comply with minimum 10 ft accessory building side yard setback requirements. Northwest Associated Consultants (NAC) recommends approval of the requested Conditional Use Permit (CUP) subject to the ten conditions, which Mr. Kirmis read. Chair Swenson asked applicant if he wished to comment. Mr. Roger Marx - stated that the silo has been taken down. The mound system has been installed and inspected by the City. Chair Swenson opened the hearing to the public. No one wished to be heard. Closed the hearing and brought back to Planning Commission for questions and comments. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 2 Richard Nichols - City Engineer requires a drainage easement on the east property line. Is Mr. Marx aware of that and is that acceptable. Mr. Marx stated that it was. Chair Swenson reopened and closed hearing to the public after no comments and brought back to Planning Commission. Ing Roskaft motioned to approve applicants request for a CUP according to recommendations. Seconded by Arleen Nagel. All in favor. Motion carried. This will be on the City Council Agenda of October 14, 1996. 4 HEARING - Applicant Roger Ensminger, 9055 Ohland Avenue NE, Otsego MN. 1. Rezone A-1 Agriculture to B-3 General Business District 2. Subdivision of Outlot A, MRD Commercial Park 2nd Add. 3. CUP to allow minor auto repair in the district Chair Swenson read applicant's request to construct a 7,500 sq. ft. minor auto repair facility. City Clerk, Elaine Beatty, stated that the proper posting and publishing had been made. Mr. Kirmis read NAC's report dated September 23, 1996. To accommodate this request three (3) approvals are necessary. (Listed above) Each being dependent on preceding approval. Based on review, the request to rezone is consistent with the city's land use plan and justification exists to warrant approval. If City Council approves rezoning from A-1 Agriculture Rural Service to B-3, General Business designation, all conditions listed in NAC report dated Sept. 23, 1996 RECOMMENDATIONS 1. A thru G and 2. A thru T be met. Note - we have not received a landscape plan which is required. Note - one condition is "no outside storage". The engineer has some drainage concerns and 88th St. access. Issues of land use appropriateness remains a matter of city policy to be determined by the city officials. If rezoning is approved, NAC recommends approval of the preliminary and final plat and conditional use permit subject to conditions. Mr. Koshak read letter from Hakanson Anderson Assoc., Inc. dated September 25, 1996 listing their concerns. Concern being access, if access is allowed, conditions are recommended. Current topography must be shown on the plan. The Storm Water Drainage plan does not address runoff conditions. The development must provide a plan for storm water runoff. Without a preliminary plat traffic patterns cannot be sufficiently addressed. Mr. Koshak stated that these issues need to be addressed. Chair Swenson asked the applicant if he wished to comment. Mr. Wally Klus - representing Mr. Ensminger and Mary Dare, property owner. Addressing the city engineer's letter, the road access is temporary until such time 88th Street is completed. We want to be on record that when the road is completed Mr. Ensminger will pay his fair share. l PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 3 We have not run a current topography. We have a topo survey of that area and we can do that without a problem. Concerning the drainage, the final plan will have to consider that which Mn/DOT put in to take the water into the drainage system. The applicant is interested in water and sewer. The drawings are preliminary until the completion of the road. Chair Swenson opened the hearing to public for comment. There was none. Hearing was returned to the Planning Commission. Eugene Goenner asked Mr. Koshak if a temporary access should not be put in. Mr. Koshak - It is unusual for an industry not to have direct access to a street. We are looking for a positive way for the developer to commit to construction costs regarding the road. The drainage issue has to be resolved. Also we have to have configuration worked out for the entrance. There was much discussion regarding the road access, continuation of 88th Street along Hwy 101 and Co. Rd. # 42 south to Quaday. A cul -du -sac could be put in at this time with their own funds. Drainage issues were discussed and also how it should be done. Escrow could be required whether it be a letter of credit or bonding. Chair Swenson opened hearing to the public for comment. There was none. Hearing was closed and brought back to the Planning Commission. Bruce Rask and Richard Nichols expressed concerns with the temporary access. Mr. Koshak stated that this is on the MSA street program and there are certain conditions as to how the road and funding for the road can be done. City policy is that local street costs are paid for by the developer and the rest would come out of MSA money. A cul -du -sac is not part of the approved plan for this road. Regarding 1. To rezone A-1 Agricultural to B-3 General Business District. Mr. Kirmis - There is adequate information regarding the first portion of the request for rezoning of the property. Eugene Goenner motioned to rezone MRD (Outlot A) property from A-1 Agriculture to B-3 General Business Designation. Arleen Nagel seconded the motion. All in favor. Motion carried. The second portion of the request, the sub -division of Outlot A, MRD Commercial Park 2nd Add. The city engineer has asked for topography information addressed as part of the conditions upon approval. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 4 The third portion of the request, the CUP, there are two submission requirements that have not been met. One condition is the building elevations and the other is regarding landscape plans. Conformance to all conditions will be required. Mr. Kirmis stated that the Planning Commission could continue action. We have met with the applicant at a staff meeting and he is aware of the condition of no outside storage. My own view is that this does not include a vehicle waiting to be picked up once work is done. Chair Swenson opened hearing to the public. No one wished to be heard. Closed public hearing and brought back to Planning Commission. Eugene Goenner motioned to approve MRD Commercial part two (2)Addition with the construction of 88th Street to the edge of the property line with recommendation to the City Council to extend street to edge of line. Richard Nichols seconded. All in favor. Motion carried. Mr. Kirmis asked for clarification. Is the motion to require construction to the southern property line of this site and to the end of the platted area. Chair Swenson asked staff if the motion was correct. Mr. Kirmis - Technically, it is hard to construct a road unless you have the ROW. It could be done to the end of the platted ROW. Chair Swenson - does the Planning Commission wish to reconsider and amend the motion. Richard Nichols moved to reconsider the motion. Ing Roskaft seconded. All in favor. Motion carried. Eugene Goenner motioned to amend motion to state specifically, "to the end of the property". Richard Nichols seconded. All in favor. Motion carried. Mr. Kirmis asked if the intent is to include conditions cited in NAC report. Eugene Goenner - yes. 3. A CUP to allow minor auto repair in the district Chair Swenson - regarding the CUP, what is the wish of the Planning Commission. Richard Nichols motioned to approve CUP to allow minor auto repair facility within a B-3 General Business District subject to conditions cited in NAC report. Seconded by Ing Roskaft. All in Favor. Motion carried. 4.A Letter from Klus Realty Re: Development Concept Plan This Item was discussed under Item #7. Any other Planning Commission Business. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 5 Chair Swenson went over applicant's request. City Clerk, Elaine Beatty stated that proper publishing and posting has been met. Mr. Kirmis - this is approximately a 45 acre piece of land located north of Co. Rd. 37 and east of O'Dean Avenue. Property is currently zoned A-2, Agricultural long range urban service and has been deed restricted as part of the previous Lind -Bar Estates subdivision approval In addition the applicant has requested approval of a concept plan. Based on the review, NAC is of the opinion that development is premature at this time. The applicants have indicated that they are proposing high end type homes in that area. While policies tend to discourage the proposed use there are goals and policies which support the proposed use as listed in NAC's report dated September 23, 1996. Mr. Kirmis also read the conditions if request is approved. Mr. Koshak went over concerns and comments regarding the urban service area, storm water drainage, streets, and storm water impact fees listed in Hakanson Anderson report dated September 24, 1996. Mr. Koshak recommended a sewer plan. 'There should be a plan to handle environmental issues before expansion outside the urban service area. Hilary Barry, Secretary Treasurer, Lin -Bar Development, Inc.- Didn't entirely agree with reports. Stated that an Industrial Park was initiated by the city for the area. Five lots are developed at this time. Stormwater drainage, holding ponds have been put in to take care of all the water from their property. Believes it to be an ideal location for high end homes. It is accessible and has good soils for septic systems. Mr. Barry thanked the Commission for any consideration. Chair Swenson opened hearing to the public. Closed the hearing and brought back to the Planning Commission for questions or comments. Larry Fournier - Questioned Mr. Koshak about allowing one acre lots outside the immediate urban service area without a commitment to water and sewer. Mr Koshak - A positive direction is needed toward a plant or collective system. By doing work toward necessary studies needed to expand the service area. Expanding any more outside the urban Service area is not recommended at this time. Chair Swenson opened the hearing public. None Hearing was closed and brought back to Planning Commission. Eugene Goenner agreed with city planner and city engineer in considering request premature and doesn't feel this is a unique situation. Richard Nichols agreed sewer and water is needed before developing outside IUSA. Bruce Rask motioned denial of the rezoning from A-2 Agricultural, Long Range Urban Service Area to PUD. Seconded by Aleen Nagel. Ing Roskaft opposed. Motion carried six to one. Elaine Beatty - this will be on the City Council Agenda of October 14, 1996 at 6:30 PM.. l PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 6 6. HEARING - Initiated by, the City Council of Otsego Re: Proposed Zoning Ordinance Amendment addressing animal feedlot regulations and changes to the Comprehensive Plan, Mr. MacArthur - In updating, the City Council rejected the Planning Commission's recommendation and at the last workshop meeting directed staff to draft a new ordinance and set it for hearing. The ordinance is substantially different and was presented to City Council at the last council meeting and approved with a few slight changes. Referring to the correspondence of September 18 and 23, 1996, Mr. MacArthur stated that during the course of the workshop meeting additional information was provided to City Council that was not earlier provided to Planning Commission in the form of maps. Map A locates all residence in the city with 500 foot setbacks, Map B with 1,000 foot setbacks, Map C with 1,500 foot setbacks. Showing the urban area left for Feedlot operation with those setbacks. Based upon the maps and upon policy determination, it was their determination to prohibit new feedlots within the city and prohibit expansion of existing feedlots within the city, but would allow present operations to proceed. Based on that I did draft an ordinance. Mr. MacArthur went over memo dated September 18, 1996, giving the basic outline. The council was concerned with Sec. 20-15 regarding reconstruction. Legal non- conforming allows the farm to be transferred and would not be a change in operation as long as the legal non -conformity would keep within perimeters. Mr. MacArthur requested that the Planning Commission make a motion to accept all material into the record, as well as that material submitted at the prior Planning Commission hearings on the previous versions of the feedlot ordinance. (Attached) Mr. MacArthur read the proposed language for amendment to the Comp. Plan changes on page 33, policy number 4, page 34, policy number 7, and page 90 adding a paragraph. Mr. MacArthur read summary of Otsego Planning Commission Submissions for the record and recommended that the Planning Commission make a motion to accept all submitted material into the record, as well as that material submitted at the prior Planning Commission hearings on the previous versions of the feedlot ordinance including the three maps. Bruce Rask motioned to accept all of the previously submitted material for the record. Seconded by Arleen Nagel. All in favor. Motion carried. Chair Swenson opened the hearing to the public. Greg Lefebvre 15033 70th St. NE Stated that he is the representative for this commissioner district for Extension for Wright County and was disappointed that their involvement was discouraged. Extension Service Reports were submitted as Exhibits A, B, C. Ellen Miller Concerned with Agriculture changes to the Comp. Plan regulations Oakwood Ave hurting the small hobby farms. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 7 Gerard Zachman 6194 Oakwood Concerned with manure application setbacks. He doesn't approve of those setbacks. Concerned that the farmer is being voted out. Concerned with water problems from development. Mark Berning 11800 80th Street He doesn't believe the city will develop fast. Why was there a feedlot committee when city council didn't listen to them. We became a City for three reasons. One to get MSA funds. Two to prevent annexation. Three to preserve Ag land. Jim Lefebvre Co. Rd. 37 This ordinance almost amounts to the taking of our businesses. The dairy business is still the largest industry in Otsego currently. The council is seeking new industry and commercial activity while destroying another one. Believes the local government has little authority in the permitting of feedlots. Doug Kolles 8700 Parish Ave NE Concern with growth restrictions. Farming is a business and expansion is needed Mark Berning At the Jan.24th workshop, the EDA stated that the proposed Feedlot Committee Ordinance was to go to the EDAAC. This was not done. Submitted the Jan. 24th Workshop Minutes as Exhibit D. Steve Goenner 7815 Nashua Ave NE Concerned with the cost. Grover Stelft Co. Rd. 37. Concerned with AU's in ordinance. Ag should be allowed to grow especially with today's technology. This proposal should be defeated. Chair Swenson closed the public hearing and brought back to Planning Commission. Arleen Nagel - Has a problem with not allowing expansion. Bruce Rask - The best way to promote farming is by restricting development. Agreed to waiting until water and sewer is in. Adopting this ordinance will not preserve farm land. We have three land use districts but according to this we only have two. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 8 Richard Nichols - This topic has been a personal challenge to me. I've learned a lot, and changed opinion many times. The ordinance in front of us is considerably different then the committee came up with. Doesn't feel Otsego is a good place for new feedlots. Agreed that the sewer and water issue needs to be settled. Also agreed that some level of expansion of the current operation should be allowed. Eugene Goenner what has changed now the city doesn't want to expand farms and not preserve Ag land. I haven't seen a great change in area. Concerned that feedlot committee's ordinance is being discarded. Larry Fournier - Against AU limits. Concerned with expansion being limited. Does not support the ordinance as written. Stated that the city council could not reach a consensus on the ordinance that was before them. It was decided that the city attorney present an ordinance. Chair Swenson re -opened hearing to the public for comment. Don Greninger 95th Street Concerned with taxes and inability to expand. Gabe Davis 6689 Packard Ave Concern with either allowing the farmer expansion or development. Need to make a choice one way or the other. Chair Swenson closed the hearing and brought it back to the Planning Commission. Eugene Goenner made three proposals, one would be deny the ordinance, two would be to deny it with no recommendation to city council, three would be to table the matter. Chair Swenson agreed with parts of the ordinance and disagreed with other parts of the ordinance. Opposed allowing less than 20% expansion. Ing Roskaft motioned to not approve the feedlot ordinance as amended to the ordinance as presented. Richard Nichols seconded. Bruce Rask and Eugene Goenner were opposed. Motion carried five to two. Mr. Kirmis stated that technically first action should be do you want to change the policy. Chair Swenson - a motion is needed to change Comp. Plan. Richard Nichols motioned to deny change to the current Comp. Plan. Bruce Rask seconded. Motion carried unanimously. Ing Roskaft was absent. J PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 9 I Any other Planning Commission Business Elaine Beatty - regarding Item 4.A the letter from Wally Klus Reality. They are proposing a bus garage near the school. The reason this is before you is they would like to know any thoughts you might have. Bruce Rask and Eugene Goenner stated they wanted it tabled so they could review further and council couldn't vote as to where this should be located. MRD Com. Park or E of Hwy 101 area. Richard Nichols motioned to table this until October 16, 1996 at 8:00 P.M. Bruce Rask seconded. All in favor. Motion carried. 8. Adjourn Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Planning Commission Meeting adjourned at 11:00 PM. Bruce Rask, Secretary Recorded by: Carol A. Olson