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12-04-96 PCCITY OF OTSEGO PLANNING COMMISSION MEETING DECEMBER 4, 1996 8:00 PM I hair Swenson will call meeting to order Chair Swenson called the Planning Commission Meeting to order at 8:05 PM. ROLL CALL: Present: Chair; Carl Swenson, Commissioners; Ing Roskaft, Arleen Nagel, Eugene Goenner, Jim Kolles, Richard Nichols. Absent: Bruce Rask Council Representative; Larry Fournier Staff; Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Carol A. Olson, Secretary. Mayor; Norman F. Freske, Councilmember; Suzanne Ackerman, Building Official; Jerry Olson 2 Consideration of the Planning Commission Minutes of November -20,199& Chair Swenson asked for any additions or corrections. There where none. Ing Roskaft motioned to accept the Planning Commission Minutes of November 20, 1996. Arleen Nagel seconded. All in favor. Motion carried. 3 Hearing for Barthel Brothers Dairy, (Continue I from November 20 19961 James Paul and ioseph.B rLh_el, Owners 11364 NE 80th Street in co)oun tion with Chris Bulow, Bulow, 262106. CUP to allow transfer of property gilding rights of one per forty acre subdivisions (Parcels to be deed restricted from any further deveLnment until allowed to be rezoned) to clustered 7 -lo o- non - 1342010 located in Sec 13,Twp11, R24. is S of Co Rd # 39 and E of Co Rd # I g(I,,aR a ix Ave NE., Request is as follows: 1. A Conditional Use Permit to allow the following: a. Transfer of property rights of one per forty subdivision allowing a 7 -lot clustered subdivision Chair Swenson explained the procedure for a public hearing. Mr. Kirmis reviewed NAC's report dated November 11, 1996. The proposed action is consistent with the specific policies and provisions of the Comprehensive Plan. Background, Barthel Brothers Dairy has submitted a request to develop a seven lot single family residential subdivision entitled "Rolling Ridge Creek". The proposed subdivision would overlay 12.2 acres south of Co. Rd. 39 and east of Co. Rd. 19. To accommodate the applicant's subdivision proposal, the following approvals are necessary: 1. A CUP to allow a "one per forty" transfer of development rights. 2. Preliminary plat approval of the Rolling Ridge Creek subdivision. 3. Variance to allow a cul-de-sac to exceed 500 feet. PLANNING COMMISSION MEETING of December 4, 1996 cont'd Page 2 NAC- recommended approval of CUP with four conditions. The approval of the preliminary plat subject to ten conditions a approval of the variance to allow a cul-de-sac to exceed 500 feet, approximately 620 feet. In regard to density transfer one important feature of the ordinance is to preserve prime agricultural land. NAC has examined the Wright County soil survey and found this is not prime land for agricultural purposes. Property has poor drainage and contains some loam type soil. The ordinance also states that clustering should only occur where it does not interrupt agricultural activities. Regarding preliminary plat, we have found that all lots meet the applicable one acre lot size requirements of the A-1 zoning district. The final request is for a variance from the cul-de-sac length requirements of the subdivision ordinance. The ordinance requires that the cul-de-sac shall not exceed 500 feet in length. Request is for 620 feet in length. Justification does exist for this proposed length reasons being location of property access, additionally there is an existing low drainage area which somewhat prohibits straight in access therefor it is necessary to loop the cul-de-sac around this area in order to provide consistent lot sizes. There is no comment from the City Engineer at this time. As a condition of the preliminary approval a forthcoming grading and drainage plan will need to be subject to review and approval by the City Engineer. Chair Swenson asked the applicants if they wished to speak. Chris Bulow, agent for the Barthel Brothers - the Barthels are very concerned with how the end project will look for the city and the farming community. This piece of ground is very steep, low land, rolling, very pretty for developing but poor for farming, very dangerous, and the soils are not the best for farming. In the design of the project, keeping the access to the west of the property gives it the safest access onto Co. Rd. 39. Lengthening the cul-de-sac gives the project a better look. It can be done with a shorter cul-de-sac but it is made unappealing with odd shaped lots. We have tried to meet all staff recommendations. Chair Swenson opened the hearing to the public. Asked if anyone wished to be heard. Stewart Turnquist Owns one hundred acres of Ag. land adjacent to the property in 11020 NE 95th St. question. Four generations have been involved in farming. Concerned with spot development and concentrated housing in the middle of farm land. He agreed this is a bad piece of land for farming. Concerned with complaints from new neighbors being close to smells with prevailing winds that cross his property. Concern of being flooded out. Asked Planning Commission to hold off on a decision to view the property. Ruth Paffel Lives across the road from the property. Concerned with traffic 11722 NE 95th St. safety regarding access onto Co. Rd. 39. Agreed with Stewart regarding spot development. PLANNING COMMISSION MEETING of December 4, 1996 cont'd Page 3 Scott Ellingson Lives across from the property. Concerned with development 11664 NE 95th St. coming so fast. Thought Hwy 101 would be the area for that. Felt the area was inappropriate for development. Chair Swenson restricted the discussion to the Planning Commission. Ing Roskaft had safety concerns with the 620 foot cul-de-sac. Asked if the roadway could be widened for emergency vehicles. Mr. Kirmis -The reason for the length requirement on cul-de-sac is to avoid an excessive number of dwelling units using one intersection. Seven units should not over burden the road. One thing to remember is the 500 foot cul-de-sac length could apply to urban lots which are 80 feet in width and you could get more lots. Chair Swenson - the developers did propose an arrangement with a 500 foot cul-de-sac problem was it resulted in odd shaped lots. This alternative is better but does add 100 feet to cul-de-sac. Staff suggested this proposal. Richard Nichols - Addressing the project, safety issue needs to be handled, but concern is whether this is spot development or not. He asked about the difference in the farmability of the proposed area verses the second 40 on 80th Street that is contiguous to the houses along 80th. Seems the first preference would be to put the development next to those homes and not on the other end. He is in favor of preserving Ag. land. Richard asked why not on 80th St. and not Co. Rd. 39. Chris Bulow - The land is flat there and the dairy operation is on 80th Street. We do not want to put it next to a dairy barn. Jim Kolles disagreed, on the north end there are two dairy facilities. Chris Bulow - There already are 14 houses there. That area is somewhat developed already. They wanted to do larger lots. Arleen Nagel - concerned as to location off Co. Rd. 39. Also questioned putting a development in primarily agricultural area. Chair Swenson - The ordinance specifies the density in terms of dwellings per forty. They are taking the same density under the ordinance and clustering it and not violating the ordinance. Mr. Kirmis - When the ordinance was adopted there was a limit on the number of units that could be in a cluster. That was then amended by the city. The point of that requirement was to place a limit on these types of mini subdivisions in the Ag. area. PLANNING COMMISSION MEETING of December 4, 1996 cont'd Page 4 The city then decided that they did not feel a limit on these dwelling units was appropriate. Therefor it was amended to be deleted. I share concerns about spot zoning. There will be the same number of dwelling units whether clustered or scattered. It was the determination of the city that they did not have a problem with clustering. Ing Roskaft asked if a median could be put in. Chris Bulow - That wouldn't be a problem if the city would help take care of the median. Eugene Goenner - Why wasn't consideration given to take the cul-de-sac to the end of the property and possibly addition to the street some day. Chris Bulow stated that staff recommended that we keep a private easement on a deed restriction between lots 3 and 4. There will be a private easement. If the owners of the property would want to develop then the city could take possession. Eugene Goenner - Has mixed feelings about the proposal. On one hand he likes the idea of clustering the homes, but felt that it violates the intent of the ordinance, although it follows the letter of the ordinance. Larry Fournier asked about a drainage plan. Mr. Kirmis noted that one was prepared but not yet reviewed by the City Engineer. Chair Swenson reopened the hearing to the public. Ruth Paffel - Asked if Morell's property was notified. The noticing process was explained. Dick Paffel - Asked where driveway comes out. This was discussed and shown on map. Stewart Turnquist - This has all the characteristics of spot development. Condensed housing pushed up against my agriculture. Years ago you'd farm a forty. New idea to transfer the rights. Certain dynamics of this evolved because farmers needed it. Now the city is using the same concept to spot develop. He questioned guidance as to how to develop our city. Glen Kolles - Lives NW of the site. Asked if the City Council would 11340 NE 95th St. guarantee that these seven households wouldn't stop them from expanding the farm. PLANNING COMMISSION MEETING of December 4, 1996 cont'd Page 5 Chirs Bulow - They could have lined up the houses along 80th Street. They have seven buildable rights. Putting in the cul-de-sac is the most expensive way to do the project, but they wanted to have the right looking development for the property. Chair Swenson closed the public hearing and brought it back to the Planning Commission. Jim Kolles requested a site inspection. Richard Nichols agreed, need to look at both ends 80th St. and Co. Rd. 39 and take into account the comments from the public and the owners and the developer. Chair Swenson - A site inspection is scheduled at 12:00 o'clock noon on Saturday December 7, 1996. Anyone wishing to car pool can meet at Otsego City Hall. Richard Nichols motioned to continue hearing to allow for a site inspection. Ing Roskaft seconded. All in favor. Motion carried. Mr. Kirmis - The Planning Commission suggested changes to the draft amendment language. NAC has made the changes. The memo dated November 12, 1996 summarizes those changes. Wording changes have been shaded for reference purposes. Chair Swenson asked if there where any questions. Mr. Kirmis - Since the memo was prepared LMC has put out information regarding antennas where they recommended the language "personal wireless service antenna" be substituted. Eugene Goenner - We discussed a change on page 5 under J, changing the word allowed to required. Mr. Kirmis - A satellite dish over 2 meters in diameter initially required a CUP. This was changed to be allowed only via an administrative permit. The Planning Commission has suggested that a single satellite dish less than 3.5 meters in diameter be a permitted use in all zoning districts. (without an administrative permit) Those changes will be made and drafts of the Sign Ordinance, Administrative Ordinance, and the Antenna Ordinance, will be prepared for the Planning Commission to review at the December 18, 1996 Planning Commission Meeting. PLANNING COMMISSION MEETING of December 4, 1996 cont'd Page 6 A hearing date will be set at the Planning Commission Meeting of December 18, 1996, after the Commission has had a change to review the Draft Ordinances. 5. Any other Planning Commission Business* There was none. 6. Adjourn* Ing Roskaft motioned to adjourn. Richard Nichols seconded. All in Favor. Motion carried. Planning Commission Meeting adjourned at 9:30 PM. Bruce Rask, Secretary Recorded by: Carol A. Olson PC12496.WPS