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06-17-98 PCCITY OF OTSEGO PLANNING COMMISSION MEETING JUNE 17, 1998 - 8 PM OTSEGO CITY HALL 1. Chair Carl Swenson will call meeting to order* Chair Swenson called the Planning Commission Meeting to order at 8:05 PM. Present: Chair; Carl Swenson, Commission members; Ing Roskaft, Richard Nichols, Eugene Goenner, and Jim Kolles. Bruce Rask, Arleen Nagel, and Christian Mbanefo had an excused absence. Planning Commission Representative; Vern Heidner, Mayor; Larry Fournier, Councilmembers; Virginia Wendel Staff: Dan Licht, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Jerry Olson, Building Official; Carol Olson, Secretary. 2. Consideration of the Planning Commission Minutes ofe A. April 22, 1998 PC/CC Workshop B. May 6, 1998 Reg. PC Meeting C. May 13, 1998 PC/CC Workshop April 22, 1998 Workshop: EUGENE GOENNER MOTIONED TO APPROVE THE APRIL 22, 1998 WORKSHOP MINUTES AS WRITTEN. JIM KOLLES SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. May 6, 1998 Reg. Meeting: EUGENE GOENNER MOTIONED TO APPROVE THE MAY 6, 1998 MINUTES AS WRITTEN. JIM KOLLES SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. May 13, 1998 Workshop: EUGENE GOENNER MOTIONED TO APPROVE THE MAY 13, 1998 WORKSHOP MINUTES AS WRITTEN. JIM KOLLES SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. Richard Nichols arrived at this time. Chair Swenson read the applicant's request. Elaine Beatty noted that all the proper publishing, posting, and mailing had been done. PLANNING COMMISSION MEETING of June 17,1998 cont'd Page 2 Dan Licht gave the staff report. Mr. Bill Christian has requested an amendment to the approved Planned Unit Development (PUD) regarding the requirement of five 4" caliper trees per lot within Lin -Bar Estates 2nd Addition. The applicant is proposing providing six 2" caliper trees per lot instead of the required five 4" caliper trees. The Planning Commission has three options to consider, approval of the applicants request for six 2" caliper trees, denial of the applicants request, or the Planning Commission or City Council may table action on the request and direct the applicant to make changes to their request as appropriate to satisfy the intent of the original PUD approval. This specific Planned Unit Development (PUD) was approved in 1996 with the applicant providing five 4" caliper trees. This intent was to create an established neighborhood character and encourage higher overall property value. Regarding the cost and availability of the 4" caliper trees NAC contacted Bachmans. The 4" caliper trees can be obtained in linden, ash, and sugar maple, at a 230% higher rate than the 2" caliper tree size. The prices are provided in NAC's report. NAC made no specific recommendation regarding this application. (see attached) Chair Swenson asked the applicant if he wished to speak. Bill Christian stated that the $1,000 escrow does meet the requirement of the PUD. The intent of the City Council was not to have the escrow less than the cost of the required trees. There are trees on each lot now. At some point over 150 trees were put in the development, but not 4" caliper. Every lot has at least four trees most have five or six. Chair Swenson opened the Hearing to the Public. Jerry Olejar Lives in Lin -Bar Estates. He has a friend in the nursery profession 7170 Ogren Ave NE and he said he wouldn't sell him a 4" caliper tree. He plans to exceed the $1,000 for landscaping. He believed the requirement to be excessive. Kelly McDowell Has purchased property in Lin -Bar Estates. She has received 7041 Odell Ave NE estimates of $5,000.00 to $10,000.00 for 4" caliper trees. She would like to see the request granted. Jerry Olson A greater investment could be made by the developer to encourage over all Bldg. Official property values. He is concerned with the watering of the trees to guarantee that they live through the dry times. Bill mentioned the existing trees on site. Some of the bigger trees are reaching 3"caliper size. He suggested some other requirement that would increase the property value, possibly clustered mailboxes. Chair Swenson brought the Hearing back to the Planning Commission. PLANNING COMMISSION MEETING of June 17, 1998 cont'd Page 3 There was much discussion regarding the size and cost of the 4" caliper tree requirement of the original PUD application. There was also discussion regarding other requirement possibilities that would enhance the property values. Dan Licht stated that the $1,000 escrow is good faith money, however the developer still is required to satisfy the compliance with the developer's agreement. Suggestions of putting a park within the development, money toward a trail system or possible future sewer and water easements were discussed. Chair Swenson brought the hearing back to the public. Jerry Olejar He bought his lot and before closing found out about the tree 7170 Ogren Ave NE requirement. He has 8 to 10 healthy ash trees. Jeff Swenson He already has 7 trees and would like the Planning Commission to 72nd Street NE consider approval of the applicant's request for the 2" caliper trees. Kelly McDowell We have only pine trees, but with sandy soil the 4" trees are not 7041 Odell Ave NE recommended. She would like the Planning Commission to consider amendment request. Bill Christian - We were not aware of the developers agreement only the protective covenants that were there. It is a problem to get the 4" trees guaranteed. I believe some of the existing trees now qualify. The intent of the developer was to spread out the trees they planted, later. We are proud of the project and believe that the protective covenants in the development have attracted the buyers. Jerry Olson - Explained that the costs are passed on to the homeowner. He read from the developers agreement and stated what a problem it has been for staff. He is holding escrow money now and this money can not be released until all conditions are met. To comply would require a 12 month waiting period to see if the trees live. Chair Swenson brought the discussion back to the Planning Commission. Vern Heidner - The original higher standard PUD requirement of five 4" caliper trees was the only special condition, if that is amended the developer should give up a lot for a park within the development or give easements for sewer and water. Eugene Goenner - By substantially reducing the tree size there is cost savings which could be put towards stone address markers or a trail. Richard Nichols agreed with the trail or sewer and water easement. PLANNING COMMISSION MEETING of June 17, 1998 cont'd Page 4 RICHARD NICHOLS MOTIONED TO APPROVE THE AMENDMENT TO THE PUD WITH CONDITIONS IN NAC's REPORT DATED JUNE 10, 1998 PLUS THE FOLLOWING CONDITIONS: RECOMMEND A MINIMUM OF THREE 2" CALIPER TREES WITH REMAINDER OF VALUE OF PUD BE WORKED OUT WITH CITY STAFF AS EITHER TRAIL OR SEWER AND WATER FUTURE EASEMENTS. SECONDED BY ING ROSKAFT. EUGENE GOENNER MOVED TO AMEND THE MOTION TO PLACE A PERIOD AFTER TREES AND EXCLUDE VALUE. SECONDED BY JIM KOLLES. RICHARD NICHOLS AMENDED THE MOTION TO INCLUDE PARK. SECONDED BY ING ROSKAFT. Dan Licht stated that the motion should address the number and size of trees per lot for clarification. Jim Kolles withdrew his second. Eugene Goenner withdrew his amendment. Ing Roskaft withdrew his second. Richard Nichols withdrew his amendment. EUGENE GOENNER MOVED TO AMEND THE MOTION TO ADD A STONE ADDRESS MARKER. AMENDMENT FAILED FOR LACK OF SECOND. RICHARD NICHOLS MOTIONED TO APPROVE THE AMENDMENT TO THE PLANNED UNIT DEVELOPMENT TO REQUIRE A MINIMUM OF THREE 2" CALIPER TREES PER LOT WITH EXISTING HARDWOOD TREES ESTABLISHED ON EACH LOT COUNTING TOWARDS THE REQUIREMENT WITH CONDITIONS OF FUTURE SEWER AND WATER EASEMENTS, OR PARK OR TRAIL, TO BE DETERMINED BY CITY COUNCIL. ING ROSKAFT SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4. Public Hearing for applicant and owner Ronald J & Christine Thompson, 7716 River Road NE, Otsego, MN 55330 Legal description is Lot 2, Block 1, Riverside Evergreens 2nd Addition. Property is East of Hwy #101. 1. A Conditional Use Permit to allow building relocation of a detached 22 x 48 garage (Accessory Building) in an R-1 (Residential Long Range Urban Service Area) River Frontage District. Chair Swenson read the applicant's request. Elaine Beatty noted that the proper posting, publishing and mailing had been done. Dan Licht - Ronald and Christine Thompson are proposing to relocate a 1,056 square foot, four stall garage structure to their property at 7716 NE River Road. The approximate 2.7 acre subject site is zoned R-1, Long Range Urban Service District and is also within the Wild and Scenic River Overlay District. The proposed building relocation is generally consistent with applicable requirements. The Applicant has provided pictures. The garage is stick built and is intended to be painted. It is to be used to store equipment. PLANNING COMMISSION MEETING of June 17, 1998 cont'd Page 5 In summary because of the design and construction, the criteria are consistent with the City Policies. An administrative permit is required because the structure is greater than 1,000 sq. ft. NAC recommends approval of the Conditional Use Permit, subject to seven conditions listed in NAC's report dated June 10, 1998, which Dan read. (see attached) Chair Swenson opened the Hearing to the Public. Eugene Brennan Concerned with the use of the structure and that it would be 7690 NE River Road built on and possibly lived in. Also asked if the building would be bolted down. Dan Licht answered that they are not allowed to live in the building. Jerry Olson answered that the building foundation would be bolted down. Chair Swenson brought hearing to the Planning Commission. Chair Swenson brought the hearing back to the public for comment. There was none. Chair Swenson closed the public hearing. RICHARD NICHOLS MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW BUILDING RELOCATION OF THE DETACHED 22X48 GARAGE (ACCESSORY BUILDING IN AN R-1 RESIDENTIAL LONG RANGE URBAN SERVICE AREA RIVER FRONTAGE DISTRICT, WITH THE SEVEN (7) CONDITIONS IN NAC'S REPORT OF JUNE 10, 1998. EUGENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Chair Swenson read the applicant's request. Elaine Beatty noted that the proper posting, publishing and mailing had been done. Dan Licht gave the staff report. Dr. Thomas Juergens, on behalf of the Anoka Equine Veterinary Clinic is requesting an amendment to the Conditional Use Permit approved in March of 1993, to add four more hospital stalls to the existing veterinary hospital building. NAC recommends approval of the amendment subject to eight conditions listed in the report dated June 10, 1998, which Dan read. Regarding parking nine (9) spaces with striping are now required. Signs are subject to permitting requirements. (see attached) PLANNING COMMISSION MEETING of June 17, 1998 cont'd Page 6 Tom Juergens - The building is a block building, professionally designed and is attractive. The structure is designed to fit into the surrounding area. Plans have been provided to the City. The parking lot will be relined. Disposal of medical wastes have been contracted with a specialist. The City Council gave permission for the signage in 1993. Mn/DOT, when redoing Hwy 101, caused them to remove the sign and move it 20 feet, but it is the same sign. Chair Swenson opened the hearing to the public. No one wished to be heard. Chair Swenson closed the public hearing. ING ROSKAFT MOTIONED TO APPROVED THE AMENDMENT TO THE CUP AMENDMENT TO ALLOW THE EXPANSION OF AN EXISTING VETERINARY CLINIC IN AN A-1 DISTRICT, SUBJECT TO THE EIGHT (8) CONDITIONS LISTED IN NAC'S REPORT OF JUNE 10, 1998. RICHARD NICHOLS SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. 6. Any other Planning Commission Business: Vern Heidner gave an update on sewer and water. The interest rates now are 4.1 %. If we bond for under 5 million dollars we can make money on the interest. The actual bonding will be in July. We have received a time table from the MPCA. We have decided to go ahead with some of the trunk lines. The moratorium to be taken off in July. 7. Adjourn- ING ROSKAFT MOTIONED TO ADJOURN. RICHARD NICHOLS SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. i Jim olles, Secretary Recorded by: Carol Olson PC61798.WPS