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10-16-96 PCCITY OF OTSEGO PLANNING COMMISSION MEETING October 16, 1996 8:00 PM 1. Chair Swenson will call meeting to order= Chair Swenson called the Planning Commission Meeting to order at 8:00 PM ROLL CALL: Present: Chair; Carl Swenson, Commissioners; Ing Roskaft, Arleen Nagel, Jim Kolles, Richard Nichols and Bruce Rask. Commissioner Eugene Goenner arrived at 8:20 PM. Council Representative; Larry Fournier Staff: Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Carol A. Olson, Secretary. 2. Consideration of Minutes of October 2, 1996: Ing Roskaft motioned to approve Planning Commission Minutes of October 2, 1996. Seconded by Arleen Nagel. Richard Nichols - page nine (9), first paragraph should be under Item 7. On page eight (8) first paragraph add " some level of expansion to current operation be allowed". Ing Roskaft motioned to accept the Planning Commission Minutes of October 2, 1996 with changes. Arleen Nagel seconded. All in favor. Motion carried. 3. Continued from Oct. 5, 1996 PC Mtg. - Letter from W.W. Klus Reality Re Dev. Chair Swenson stated that this item was continued from October 5, 1996 meeting and asked Mr. Kirmis to expand on NAC's memorandum. Mr. Kirmis - to summarize, Mr. Ladner, in the letter dated September 18, 1996, is requesting guidance from the Planning Commission as to the acceptability of this particular use on MRD property either east or west of Hwy 101. Mr. Kirmis read NAC's report dated October 10, 1996. We do consider this a warehouse use. The comprehensive plan currently suggests residential use east of Hwy 101. That is reflective of the Wild and Scenic provisions. Elaine has contacted the DNR and the DNR will potentially be changing some of the provisions, which may make an allowance for commercial uses on the east side of the highway. At this time they do not, so the city can do nothing to make an allowance for that use. On the west side of Hwy 101, the land use plan suggests commercial use of the MRD property. Also suggests this property as "primary retail center". Mr. Ladner is looking for some general comments from the Planning Commission as to how they feel about this proposal. Bruce Rask - felt this belonged in the third industrial site, (warehouse, big storage areas) not in one of the city's primary sites. Elaine Beatty explained that close proximity to the school area is an issue. Mr. Klus also said it would be an interim use and could be used for something else later. It would be a block building with all inside storage. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 2 Ing Roskaft - would that be east of Outlot B, in Outlot A. Can we get Quaday Avenue completed so that it is paid for. It would be nice to have that service near the school and since it's a block building it could be used for something else later. Mr. Kirmis stated that it would be in Outlot A. Proposed 88th Street doesn't go past there yet. Larry Fournier - Bruce Rask had some good comments. There may be a more appropriate area. Richard Nichols - agreed. Arleen Nagel - Hwy 101 and the Co Rd.39 area should be kept for retail. Chair Swenson - This is a discussion item. Let the Planning Commission minutes reflect the discussion. ' . MT- U To� ►.11 K :SLI 1 :N►We=� U► 1 or - epi. 1i o . 11. 111; ill II � 1 1 I Chair Swenson read the Planning Commission hearing procedures. Elaine Beatty stated that all the proper publishing, posting and mailings have been made. Mr. Kirmis went over the applicant's request. Also read NAC's report dated Sept. 30, 1996. NAC recommended approval with six (6) conditions, which he read. This is viewed as an improvement to the property with no adverse impact. Gwen Natus Gave Elaine Beatty a drawing of the garage elevation. 8600 O'Brian Ave NE Chair Swenson opened the hearing to the public for comment. There was none. Closed the hearing and returned it to the Planning Commission for any questions or comments. There was none. Chair Swenson re -open and closed the hearing as there was no public comment. Bruce Rask motioned to approve the CUP subject to the six (6) conditions listed in NAC's report. Ing Roskaft seconded the motion. All in favor. Motion carried unanimously. Elaine Beatty - this will be on the October 28, 1996 City Council Agenda. 5. Hearing for Term and _lean Kienitz, 14359 95th St. NE, Otsego. MN 55330 PIB#118-046-001010,W, BL 1, Olson Acres. Request is as follows: A Conditional Use Permit to allow• 1 more than one detached accessory building, 2. to allow over 2,000 sq. ft of accessory space. Chair Swenson read applicant's request. Elaine Beatty stated that all the proper publishing, posting and mailing had been made. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 3 Mr. Kirmis - two CUP's are necessary, one to allow more than 2,000 square feet of accessory storage space associated with a detached single family use (2,400 sq. ft. storage space). Two, to allow for more than one detached accessory building. Zoning is R-2 (Large Lot). The property is four and one half acres (4 1/2 acres). NAC recommends approval contingent on six (6) conditions, which he read from NAC's report dated October 2, 1996. Terry Kienitz Access will be on the south side. If there is a UPA easement 14359 NE 95th St. problem, he could always take the shed down. Chair Swenson opened hearing to the public for comment. There was none. Closed the hearing returning it to the Planning Commission. Mr. Kirmis - that is more desirable than coming in from the north, a west access would be preferable with vehicles being farther removed from adjacent property. Terry Kienitz, applicant - the way the lot is designed it will be built into a bank. Coming around to the back is more feasible. The building will be used more for tractors and not cars. Doesn't want to take trees or the bank. Chair Swenson re -opened the hearing to the public - no public comment. Closed the public hearing and brought back to the Planning Commission. Richard Nichols motioned to approve CUP, both for more than 2,000 sq. ft. and CUP to allow for more than one accessory building subject to items one thru six (1- 6) in NAC's report. Arleen Nagel seconded. All in favor. Motion carried. 6. Hearing initiated by the Otsego City Council: Request is as follows: A. Rezone certain portion of newly annexed Frankfort Territory from A-1, to designations similar to Frankfort Zoning, Elaine Beatty stated that all the proper posting, publishing and mailing had been done. Mr. Kirmis - This was initiated by the City Council. The zoning ordinance stipulates that all newly annexed properties assume an A-1 zoning designation to allow the city to determine the appropriate use for the property and eliminate any problems from previous zoning. The City Council suggested that zoning designations similar to that which existed be applied to newly added Frankfort area. Frankfort Twp. Had only one B-1 business district. Otsego has several and there are probably two considered appropriate for that land previously zoned commercial. The City Council has requested a recommendation from the Planning Commission. The B-2 District is intended to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial service activities while B-3 District is intended to be applied to Hwy 101 corridor. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 4 Larry Fournier - thought it would be appropriate to have similar zoning to what was zoned under Frankfort Twp. Tom Koerwitz When in Frankfort my property (77acres) was considered 17069 53rd St. NE agricultural. On the map it appears that I'd be part of the new suburban residential area. I would like clarification as to classification, whether it be new residential or agricultural. Mr. Kirmis - on the map Frankfort provided, the land use and zoning map are one and the same. What they wanted to show with the new suburban residential area is that if development occurred it should be developed for residential. Anthony Swanson What is the difference between R-1 residential and R-3 residential, 16573 NE 59th St. Immediate Urban Service. Mr. Kirmis - the R-1 District under Frankfort is the one acre residential zoning District. In Otsego the one acre zoning District happens to be called R-3. They allow the same types of use at the same density. There is a lot width difference. In Frankfort in the R-1 District you'd be required to have 170 feet of lot width. Where as in Otsego, you'd only be required to have 150 feet of lot width, but basically the same district. Otsego has more zoning districts. B-2, Highway Business District and B-3, General Business District with allowed uses listed in Exhibit C and Exhibit D in NAC's report. John Richard 5648 Quilley Ave. NE When talking about Hwy 101 corridor, are we talking about east and west of Hwy 101 and how deep does that go. Elaine Beatty - the east side of Hwy 101 is the only area that came into Otsego from Frankfort. Chair Swenson closed the public hearing and brought it back to the Planning Commission for any questions or comments. Eugene Goenner - concerned with Adult use -principal and accessory. Asked Mr. Kirmis the difference between Adult Principal use and Adult Accessory. Mr. Kirmis explained that the difference in the principal use and accessory use. There are numerous performance standards connected to Adult Principal uses. Adult uses would not be allowed because this is adjacent to a residential plat. Chair Swenson stated that could be a serious item of concern and should be checked out. PLANNING COMMISSION MEETING of October 16,19% cont'd Page 5 Mr. Kirmis - 98% certain this use would not be allowed because of the setback requirements. Richard Nichols motioned to table the rezoning to first meeting in November and direct the Planner to provide the 2% certainty. Eugene Goenner seconded the motion. Richard Nichols - Hwy 101 is the gateway to the city and if we have an option of controlling the Adult Principal Use with B-2 or B-3 zoning, than I am in favor of B-2. Mr. Kirmis - you could also make it a condition that no Adult principal uses would be allowed. Larry Fournier - I'm sure the land owners would like a decision regarding the rezoning in that area. Mr. Kirmis read Ordinance Sec. 32 Page 162. Adult use principal shall be at least 600 radial feet measured from a straight line from the following: Residentially zoned property, a licensed day care center, a public or private educational facility, such as elementary, junior or senior high, a library, public park, or another Adult Principal Use or an on -sale liquor establishment. Jim Peterson I have a property interest. We've had the property zoned Elk River commercial in 1988 or 1989. We waited for a nicer building than sheetmetal. We have no interest in Adult use principal business. Using B-2 to control the Adult use is kind of a back way. Would like B-3 for flexibility. Don't believe it is 600 feet. Willing to wait if you feel it's necessary, but would like to maintain the rights that the property was under for the past eight years. Elaine Beatty showed a map of the property in question. She explained the area of the property. The zoning is A-1 now and is only 300 feet. Eugene Goenner motioned to reconsider Richard Nichols motion. Richard Nichols seconded. All in favor. Motion carried unanimously. Richard Nichols motioned to make the zoning B-3. Ing Roskaft seconded. All in favor. Motion carried unanimously. This will be on the October 28, 1996 City Council Meeting at 6:30 PM. Eugene Goenner questioned Frankfort's map regarding zoning and asked if there wasn't already commercial in there. PLANNING COMMISSION MEETING of October 16,19% cont'd Page 6 Mr. Kirmis explained that we will go throu records and match legal descriptions and make sure that every parcel that was zoned commercial be carried over into Otsego. The directive was to transfer the development rights which previously existed under Frankfort to the closest thing we have available in Otsego. If the property was a legal non- conforming use in an Ag District, then that is what it becomes in Otsego. To zone commercial you are giving property rights that did not exist under Frankfort and is not consistent with what previously existed. Eugene Goenner motioned that Otsego adopt the same or similar zoning for the Frankfort annexed area that previously existed. Seconded by Richard Nichols. All in favor. Motion carried unanimously. This will be on City Council Meeting for Oct. 28, 1996 at 6:30. 7. Any other Planning Commission B sinecc: Otsego Comprehensive Plan: Tactics Study: Mr. Kirmis explained that there will be an interview process to get opinions on the Comprehensive Plan regarding land use plan, sewer, etc. The intent is to obtain your opinions and what you feel is important. Suggesting half hour interviews for each of you. He and David Licht will be at Otsego City Hall on October 30, and 31, 1996. Judy Hudson will be setting up the interview appointments. 8. Adjourn. Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Planning Commission Meeting adjourned at 9:15 Bruce Rask, Secretary Recorded by: Carol A. Olson PC101696:co