02-15-97 PCCITY OF OTSEGO
PLANNING COMMISSION MEETING
February 5, 1997
8:00 PM
1. Chair Carl Swenson will call the meeting to order:
Chair Swenson called the Planning Commission Meeting to order at 8:04.
ROLL CALL:
Present: Chair; Carl Swenson, Arleen Nagel, Eugene Goenner, Jim Kolles, Bruce Rask,
Ing Roskaft, Richard Nichols.
STAFF: Bob Kirmis, City Planner, Elaine Beatty, City Clerk/Zoning Adm., Carol Olson,
Secretary. Jerry Olson, Bldg. Official
Council Representative; Vern Heidner
Mayor; Larry Fournier, Councilmembers; Virginia Wendel, Mark Berning, Suzanne
Ackerman
2. Consideration of the Planning Commission Minutes of January 15, 1997.
Richard Nichols motioned to adopt Planning Commission Minutes of January 15,
1997 as submitted. Arleen Nagel seconded. All in favor. Motion carried.
Chair Swenson - Application needed to be re -heard taking the same information and acted
on as a new hearing. Chair Swenson read the applicants request.
Elaine Beatty - Proper publishing and noticing has been made.
Mr. Kirmis - The proposal is identical to that previously presented to the Planning
Commission. Mr. Kirmis went over NAC's report dated December 23, 1996, in regard to
the CUP. The zoning ordinance allows transfers of development rights for the purpose of
preserving productive agricultural lands. That is the sole purpose for allowing these
transfers. In investigating the soil conditions on the site, the Wright County Soils survey
has found that the soils are marginal for agricultural purposes satisfying the primary
criteria of this CUP. Regarding clusters, the zoning ordinance does not establish a
maximum number of dwelling units which may locate in a cluster. We feel this site to have
greater compatibility then the 80th Street alternative site. On the issue of safety, a single
access is proposed along Co. Rd.#39. One per forty splits would allow numerous single
family driveways. To clarify, the applicant has seven one per forty development rights and
only because applicant chooses to cluster is a CUP required.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 2
NAC feels the requirements of the ordinance have been met, therefore recommends
approval of the Conditional Use Permit. Regarding the preliminary plat, all lots are in
compliance with applicable A-1 district lot area and width requirements, therefore NAC
recommends approval of the Preliminary Plat. Regarding the variance to allow a cul-de-
sac 530 feet in length opposed to 500 feet. There must be a non -economic hardship. The
drainageway in the central portion of the site makes it difficult to stay within the 500 feet
length requirement while producing a desirable plat design. NAC also recommends
approval of the variance. NAC recommended approval of all three requests.
Chris Bulow - Acting as an agent for Barthel Bro's and not the owner of the
property. Cliff Lundberg, Attorney at Law, is here on their behalf. We feel "Rolling
Ridge Creek" plat meets all recommendations except to lengthen the cul-de-sac by 30 feet.
The site was picked to save prime farm land with this site having forty percent less yield.
The site is steep, there is a wetland on the site which would be restored. The drainage
ditch south of the property separates it from the farm. As to safety issues regarding the
road, it will be lit, there will be a stop sign, it will be tarred and it will be maintained by the
City. The county has agreed to grant a permit. By Mn/DOT standards this is considered
to be a safe intersection. This is not meant to be a spot development. In the ordinance it is
called a cluster of one per forty splits to save farm land. The property is being developed
at this time is to help keep the Barthel family farming in Otsego.
Chair Swenson went over the hearing procedure and opened the hearing to the public.
Stewert Turnquist - Owns 105 acres of agricultural land abutting the proposed
11020 95th St.NE development. Concerned with compatibility of residential and
agricultural land. Requested everything be done for minimum
impact. Re-identified spot development to clustered. Questioned if
the easement was to access the back land for future development.
Clifford Lundberg, Attorney representing Chris Bulow and the Barthels. The real parties
of interest here are the Barthels. They are farmers and as land owners they have some
rights. They want to keep farming, but capital is needed. This is a way for them to pay
off some of their debt and make their farming operation more efficient so they can keep
farming for the foreseeable future. They want to sell these lots and get the maximum dollar
to put back into the farm. You have to respect their right to do that. The engineer
procured by the builder and the city's engineer are in discussion regarding the drainage.
Mr. Turnquist has not specified what his concerns are. I think you have to follow your
ordinance and grant this Conditional Use Permit.
Scott Ellingson
11664 NE 95th St. - Read a letter from Mr. Paffel who was unable to attend. Concerns
over traffic issues and concerns with water and drainage problems.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 3
Mr. Ellingson had concerns with possible water and erosion problems. Road safety issues
possibly a passing lane. Would like to see this included in the moratorium. Against the
proposal.
Chair Swenson brought discussion back to the Planning Commission.
Bruce Rask asked Mr. Kirmis what criteria was used to determine compatibility.
Mr. Kirmis - The ordinance does say, if located in an agricultural zoning district, you are
allowed one development right per forty acres, and also allowed to transfer those rights
via CUP. The Barthels have seven development rights and wish to transfer them to one
location. Again the purpose of allowing transfer of development rights is for the
preservation of productive Ag. land. Does this result in the preservation of productive Ag.
land? If the answer is yes, that is the primary criteria. They are automatically allowed the
one per forty splits. In terms of compatibility there are going to be conflicts, but feel they
will be minimal. Ag. activity is much more intense on 80th St.
Bruce Rask - I want to know if what I am preserving is prime farm land. I do not have in
front of me what proves that the balance of their farm is prime. Mr. Rask read Sec.51.20-
51-1: PURPOSE: A-1, Agricultural - Rural Service District. And gave his interpretation
of the word prevent as his reason for denial. As representative of the City the word
prevent is my reason for denial.
Mr. Kirmis stated that if you were to deny this request, that would be the most legal basis
to do that.
Richard Nichols - Now felt the proposed site to be the better site because poorer farm
land, less yield and less overall impact. The applicant has the transfer rights. The City has
changed the ordinance to allow for this. The way the ordinance is written we encourage
clustering. Now I can not see how we can turn it down. An ordinance update may be in
order.
Arleen Nagel - The Comp. Plan says to protect Ag. land and by allowing this it is
encroaching into Ag. areas.
Jim Kolles - Not in favor because of impact and compatibility. Surrounded by Ag. land.
Should be included in the moratorium.
Chair Swenson - Shared the concerns of the committee, but the current ordinance allows
this and can't see now how to deny it.
Chair Swenson - Went back to the public for any comments for or against the applicants
request.
Chris Bulow - Uses allowed in this area are farming and Residential. We came in, met with
staff and met all the requirements.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 4
Scott Ellingson - I have greater respect for the planning commission now. There is
always a point in time when this isn't necessarily a good thing but
legally according to our ordinances it can't be turned down. It is a
tough decision and we will make the best of it.
Diana Ellingson - Live across from the proposed development. Farm land is not
compatible, pushing the farmers out. Concerned with drainage
issues, this site now runs into the creek when developed there will
be a higher rate of run off and ponding will have to be created.
Chair Swenson closed the public hearing and brought back to Planning Commission.
Bruce Rask - Giving some support to the Barthels, the land is not prime farm land. They
do have transfer rights with deed restrictions. I have viewed both sides and if the balance
of the land is not prime, then we are making a big mistake.
Richard Nichols - Having heard testimony and reviewed all the written materials,
including the letter from the city attorney, under those conditions, I Motion to
approve the request for the Conditional Use Permit to allow the one per forty
transfer of development rights. Ing Roskaft seconded. Richard Nichols, Ing
Roskaft, Carl Swenson and Arleen Nagel voting in favor. Bruce Rask, Jim Kolles,
Eugene Goenner opposed. Motion carried four to three (4 to 3).
Ing Roskaft motion to allow the variance to increase the cul-de-sac to 530 ft.
Seconded by Richard Nichols. All in favor. Motion carried.
Ing Roskaft motioned approval of the Preliminary Plat. Richard Nichols seconded.
Eugene Goenner moved to amended the motion to contain the 10 conditions listed in
NAC's report. Seconded by Ing Roskaft. All in favor of the amendment. Motion
carried. Motion as amended. All in favor. Motion carried unanimously.
Elaine Beatty - This will be on the City Council agenda of Feb. 24, 1997 at 6:30 PM.
Chair Swenson read the applicants request.
Elaine Beatty - The proper publishing and posting has been made.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 5
Mr. Kirmis - The applicant had chosen to withdraw an earlier request prior to city council
action. Some concerns with the properties inclusion with the immediate urban service
area. The Comprehensive Plan includes goals and policies which both encourage and
discourage the proposed use. Land use plan policies covered on page three and four of
NAC's report dated January 21, 1997, reasons for the pro's and con's regarding
compatibility, considering Island View lies north and east making it compatible with the
surrounding area. Re -zoning is all that is submitted at this time. Note that an
environmental assessment worksheet would be required. Potential pollution impacts are
not known at this time nor impact affecting property values. Traffic generation, at this
time no preliminary plat is submitted. The development of this property would not be cost
effective for the city considering its isolation from an urban development area. There are
both policies which encourage and discourage this proposed use. The development of the
property is at this time premature relating to the city's sanitary sewer service efforts
attempting to focus on an area where future sanitary sewer service is proposed. Island
View must be recognized but justification for furtherance of non cost effective service
costs should not be furthered. NAC's opinion is that re -zoning at this time is premature.
Mike Emberton - Spoke with some members of the P.C. and tried to allow an
of Allied American Mortgage impartial assessment of the property, satisfy the concerns
raised and continue to develop the property. The project
would benefit the city. The property in question has key items to mention. Twenty three
percent of the property is not farmed and has a gravel area. The one acre lots would be
compatible with surrounding area. Access complies with the full specifications required by
the final approval. The plan would be to develop a seventy nine acre parcel. Regarding
the sewer and water issues, I have heard the concerns about the viability of the potential
hook up. All cities have had to face these issues. The sewer and water issue was
addressed last time. The building inspector's comment, and a letter to that effect, was that
all sites are required to have two approved locations for septic systems, guaranteeing a
minimum of fifty years life expectancy.
Chair Swenson opened the hearing to the public.
Bruce Danks - Concerned with water drainage and road access. Not
10064 95th St. NE necessarily against the development. Would like to see
proposed development plan.
Chair Swenson - Brought hearing back to Planning Commission.
Richard Nichols -How does the moratorium effect this.
Mr. Kirmis -The moratorium exempts applications in process. The applicants request is for
rezoning. Is this the appropriate use of the proposed property.
Arleen Nagel - Can't see going from Agricultural to the Immediate Urban Service Area.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 6
Eugene Goenner - In NAC's report dated January 21, Item 7, page 6, regarding impact of
over burdening services. When properties came in for development in the past it hasn't
been viewed as a factor, what has changed.
Mr. Kirmis - In consideration of Island View Estates, it is probably not in a location
endorsed by city staff. It is an isolated area and ideally the city would have said locate in
an area where city sewer service can be provided. The isolation from that area makes it
not as efficient for providing services. We do have to acknowledge Island View but is it
appropriate to further this development which is inconsistent with the city's general
growth objectives. You acknowledge it, it is compatible, and indirectly it is infill, but not
consistent with the general philosophy of the growth management in the city which has
been to direct development in the contiguous northeast area so as to provide direct
economical delivery of services.
Bruce Rask - Disagreed, septic systems can be maintained cheaper. Need to better
enforce the pumping of septic systems. We keep making denials and delays because of the
sewer issue. Because Island View is there, this is infill and compatible.
Richard Nichols - Our charge is to do what is legal under the current ordinance and it is
supported by professional staff.
Jim Kolles - In favor of this development. It is compatible.
Chair Swenson - Opened the hearing to the public for discussion.
Paul Medenwaldt
10525 97 St. NE Built in 1989 the septic failed and a mound system had to be put in.
Concerned that one acre lots are not big enough. Concerned that
the proposed road will take too many trees.
Chair Swenson closed the public hearing and brought it back to Planning Commission.
Ing Roskaft - Soils are important for septic systems. Information regarding the soils is
needed.
Bruce Rask - Perc tests must be met before installing a septic system. Are there any R-3
areas in the immediate urban service area. Mr. Kirmis answered no, that is the need for
the amendment.
Richard Nichols - Can it be done as a PUD Mr. Kirmis answered yes.
Bruce Rask motioned to amend the Comprehensive Plan to bring area into the
Urban Service Area. Jim Kolles seconded.
Bruce Rask, Jim Kolles, Arleen Nagel, voted in favor of the motion. Richard
Nichols, Ing Roskaft, Carl Swenson, and Eugene Goenner opposed. Motion failed.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 7
Discussion:
Ing Roskaft - Reasons for approval or denial should be stated for the record and should be
in the motion.
Reasons to approval or deny:
Bruce Rask - It seems to be compatible for the area and would infill in the area. If sewer
and water would come in later they could be maintained. Don't want them to have to
wait if not part of area considered for sewer and water.
Jim Kolles - Compatible to area, infilling, and sees no major difference with this and prior
hearing.
Richard Nichols - While agreeing that it is infill, those homes were put in prior to city
planning. The city is in the midst of sewer discussions and comp plan changes. Agreed it
is premature.
Ing Roskaft - This is a borderline case and this project could wait until the city staff and
consultants get some things finalized.
Eugene Goenner - It is urban expansion in an area not slated for that type of use at this
time.
Arleen Nagel - Agreed with Bruce and Jim and would like some control on private septic
systems. This is good infill.
Chair Swenson - For the record we need to act on Item number 2. Rezone from A-1 to
R-3.
Richard Nichols motioned to deny rezoning of the subject property from A-1 to R-3
based on the denial of the comp plan amendment. Ing Roskaft seconded. Motion
passed to deny rezoning. Richard Nichols, Ing Roskaft, Carl Swenson, Eugene
Goenner and Arleen Nagel voted to deny rezoning. Jim Kolles and Bruce Rask
opposed. Motion passed to deny 5 to 2.
Elaine Beatty - This will be on the City Council Agenda of February 24, 1997 at 6:30PM.
A five minute break was taken at this time:
Chair Swenson called the meeting back to order.
5. HEARING initiated by the Otsego City Council and Planning Commission for
Amendments to the Zoning Ordinance as follows:
A. Proposed Amendment of Ordinance Re: Antennas
B. Proposed Amendment of Ordinance Re• Business Signs
C Proposed Amendment of Ordinance Re: Administrative
Permit Approvals,
A. Proposed Amendment of Ordinance Re: Antennas:
Mr. Kirmis - The first amendment relates to antennas. It is primarily in response to 1996
Tele-Communications Act. Attempts to provide additional detail to accommodate
personal wireless service antennas. Included are some regulations related to satellite dish
and ham radio operation antennas.
PLANNING COMMISSION MEETING of February 5, 1997 cont'd Page 8
Primary feature of the ordinance is the regulation of the wireless service antennas. The
ordinance allows these as permitted uses if located on a public structure. A CUP is
required if not. This is to minimize impact and allow the city income via lease on water
towers etc. Some changes were made by recommendation by the Planning Commission,
otherwise the ordinance is consistent with other cities.
Elaine Beatty - All publishing and posting requirements have been met.
Chair Swenson opened hearing to the public for comment. There was none.
Hearing was brought back to P.C. for questions and comments. There was none. Re-
opened the hearing to the public. No one commented. Brought back to P.C.
Richard Nichols motioned to adopt proposed Amendment to the Antenna
Ordinance. Seconded by Eugene Goenner. All in favor. Motion carried.
Discussion:
Vern Heidner - Does our ordinance allow for a number of free standing ham radio
antennas. Is a CUP required for each addition antenna.
Mr. Kirmis - Ham radio antennas as a permitted accessory use are allowed up to 70 feet in
height, and exception requires a CUP.
Eugene Goenner - Ham radios are considered an essential use. Do we have any
regulations over them if that is the case.
Mr. Kirmis - This does say that they are exempt from Paragraph C, F, and I.
Elaine Beatty - This will be on Agenda of Feb. 24, 1997 City Council Meeting at 6:30PM.
B. Proposed Amendment of Ordinance Re: Business Signs,
Mr. Kirmis - This is an amendment to the City's Sign Ordinance which would allow
business signs along I-94 corridor to be increased to the maximum building height
requirements in whatever zoning district they might be. A December 5, 1996, Memo
provides a summery of sign height allowances in the various zoning districts. Generally
this amendment will allow commercial and industrial uses to be 35 feet in height from the
crown of the road. Within an institutional district business identification sign is allowed up
to 40 feet. The maximum building height in the institutional district is 40 feet.
Chair Swenson opened hearing to the public. No comment. Brought hearing back to the
Planning Commission. Closed the hearing.
Eugene Goenner motioned to approve the sign ordinance as amended. Richard
Nichols seconded. All in favor. Motion carried unanimously.
C. Proposed Amendment of Ordinance Re: Administrative Permit Annrr o
Mr. Kirmis - This amendment would change the processing requirements and allow
administrative approvals. Mr. Kirmis went over Memo dated November 27, 1996,
summarizing the changes to the zoning ordinance.
PLANNING COMMISSION MEETING of February 5, 1996 cont'd Page 9
Chair Swenson opened hearing to the public. No comments. Closed the public hearing
and brought back to the Planning Commission.
Ing Roskaft motioned to approve. Arleen Nagel seconded. All in favor. Motion
carried unanimously.
6 Any other Planning Commission Business*
Election of officers for 1997.
Chair:
Richard Nichols motioned Carl Swenson as Chair. Seconded by Jim Kolles.
Eugene Goenner motioned to close nominations. Seconded by Richard Nichols, All
in favor. Motion carried. Chair - Carl Swenson
Vice Chair*
Bruce Rask motioned Eugene Goenner as Vice -Chair. Eugene Goenner nominated
Richard Nichols. Richard Nichols declined nomination. Richard Nichols motioned
to close nominations. Seconded by Bruce Rask. All in favor. Motion carried.
Vice -Chair - Eugene Goenner
Secretary•
Arleen Nagel motioned Jim Kolles as Secretary. Richard Nichols seconded. All in
favor. Motion carried. Secretary - Jim Kolles
Chair Swenson - Asked for any other business.
Vern Heidner - The building official and Councilmember Virginia Wendel attended a
seminar regarding septic systems. There are books and videos available, which we are
discussing ways to have those available as part of the septic permit. Maintenance will
always be required and the need for enforcement.
Vern Heidner gave a summary of what is happening at the sewer and water workshop
meetings. Workshop meetings discussing septic options are being held once a week. The
city engineer has been commissioned to come up with a report for Monday nights meeting
showing the trunk lines for the sewer and water.
7. Ad*
Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion
carried unanimously.
The Planning Commission Meeting adjourned at 11:10 PM.
Jib Kolles, Secretary
Recorded by: Carol A. Olson
PC2-5-97.WP5