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07-19-99 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MONDAY, JULY 19, 1999 - 8PM * * MINUTES * * 1. Chair Carl Swenson will call meeting to order: Arleen Nagel called the meeting to order in Chair Carl Swenson's absence at 8:05PM ROLL CALL: Planning Commission: Arleen Nagel, Acting Chair, Commissioners Patrick Moonen, Gene Goenner, Richard Nichols. Bruce Rask arrived at 8:07PM. Chair Carl Swenson and Jim Kolles, Excused Absence. Council: Mayor Larry Fournier, CM Vern Heidner, and CM Mark Berning Staff: Mike Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Administrator, Dan Licht, City Planner and Larry Koshak, City Engineer. 2. Consideration of the Planning Commission Minutes of: A. July 6, 1999 P C Meeting CMR NICHOLS MOTIONED TO ADOPT THE JULY 6, 1999 PLANNING COMMISSION MINUTES AS WRITTEN. CMR GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. HEARING for applicant Rick Packer, Arcon Development. Inc. 7625 Metro Blvd. #350, Edina, Minnesota, 55439. The property owners are PID #118-500-272100 Sec. 27, Twp. 121, R23 Russel V. and Sharon F. Martie, 2998 - 150th St. NW, Monticello, MN. 55362, PID 4118-500-233400 and 222400 in Sec. 22, Twm. 121, R23, Lawrence R. Vorderbruggen, 521 7th ST, Elk River, MN. 55330. Legal descriptions are on file at City Hall for this property located at the proposed 78TH ST NE and Page Ave. `TE. Property abutting the Otsego School to the West and South. Request is as follows: A. Rezone from A-1. General Agricultural Rural Service District to R-4. Residential Urban Single Family District and R-6, Residential -Townhouse, Quadraminimum and Low Density Multiple Family District. B. A PUD -CUP to allow flexibility from the front setback standards to establish varied setback versus the standard 35 ft setback from the right-of- way. C. Preliminary Plat of "Pheasant Ridge." Elaine Beatty noted that the posting, publishing and mailing had been completed. Planning Report was reviewed by Dan Licht, City Planner. (See July 14, 1999 Report) Mr. Licht noted concern with 82nd St. being offset. He would like to see it aligned with opposite street in Crimson Ponds Addition. He also noted that there are more radial lots than in the sketch plan and he would prefer to see less. 16 lots have less than the required 12,000 sq. ft. minimum requirement. Staff recommends they be increased to 12,000 sq. ft. NAC recommends the land for the area South of this be included with the preliminary plat as an outlot. Approval of the Preliminary Plat is recommended subject to conditions in the planning report. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 19, 1999 - SPM - PAGE 2 - Applicant Rick Packer - Responded to NRC's Conditions. 2C. 81st. Street cul -du - sac he thought there are grounds to grant the extension of the cul -du -sac to 600 plus feet. He noted the longer cul-de-sac was needed because he had re -designed the subdivision at City request to create an additional access to Page Avenue. He also discussed the radial lots and noted that they are over 200' deep and have plenty of useable yard. The back of the radial lots usually is designed to hold additional stormwater ponding. He thought that pie shaped lots are a marketing concern, not a P.C. concern. He would prefer a 10 foot side yard setback on the house side and a 5 foot setback on the garage side. The reason is for bigger homes on the lot. Their covenants do not permit outside storage so there is no need for large side yards. For the lots less than 12,000 sq. ft., 11,275 sq. ft is the average. He thinks that people will never be able to tell the difference. He thinks that the curvilinear street design makes this cut above ordinary subdivisions. THE HEARING WAS OPENED TO THE PUBLIC BY ACTING CHAIR ARLEEN NAGEL No one spoke. BACK TO PLANNING COMMIISSION FOR DISCUSSION. CMR Rask - Why is it we require that on 82nd St. it be aligned? Dan Licht - The reason is for traffic lanes to line up so that turning movements do not conflict. It is required in the City Ordinance. CMR Goenner - Questioned the side yard setbacks. Planner Licht - Mr. Packer is asking for 10' setback at the side of house and 5' on the side of garage. CMR. Goenner - A full 5' easement on the side? Planner Licht, Yes, the intent of the sideyard setbacks is not as an access easement. I don't anticipate that access would be an issue. Mr. Packer - The 5' easement is a swale for drainage, with occasional use for phone or other utilities. For the stormwater ponds a 20'easement is required so city can have access to clean them. CMR Nichols - Referred to item D. Radial lots, I don't have a problem with them with the ponding in the back of the lot. I am more interested in having a plan such as this come into our City. Extra ponding in that area can serve a useful purpose. CMR. Goenner - Agreed with CNIR Nichols. I like plan more than the radial lots. The ponding is there and maybe reconfigure the lots so they are not all at the same point, but I don't see we should eliminate them. CMR Moonen agreed that it is not an issue. The Planning Commission's consensus was to eliminate the condition 2.d. CMR Nichols - Regarding the cul -du -sac, if the suggestion is to do something different to eliminate the 600' cul -du -sac, I don't see this as very desirable, as there is only 1 cul -du -sac. Dan agreed, You could find as part of the PUD that the ponding area does necessitate the 600' cul -du -sac. The consensus of the Planning Commission was that the cul -du -sac does not have to be reduced in size. CMR Goenner - Questioned the applicant regarding the undersized lots average, with 10,085 sq. ft as the smallest lot. Mr. Packer - Stated that re -design of the cul -du -sac area is the reason for the majority of the lots that are under 12,000 sq. ft. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 19, 1999 - 8PM -PAGE 3 - CMR Rask - Would it take an amendment to go below 12,000sq ft? Planner Licht - The Planning Commission can recommend it as part of the PUD process. CMR Rask - Would like the developer to look at them to see if he can minimize the lot with the ones below 12, 000 sq. ft. He didn't feel different houses would be build on either size lot, with the only difference being the side yard setback. CMR Goenner - I am willing to be flexible, 10,085sq ft is a little small. I could live with 11,000 sq. ft. The Planning Commission was in consensus to allow an 11,000 square foot minimum size lot as part of the PUD approval. CMR Nichols - Item F.. 4 lots revised to have a minimum width of 95. Can you change the house to bring it up? Rick Packer - Asked the purpose of that extra space. Planner Licht - Noted it was for increased available snow storage, and you can eliminate that by pushing the house back, not necessarily create a wider driveway at the street. Rick Packer - Is there an assumption on driveway width? Planner Licht - 24' maximum. Rick Packer - I could add 15' to either lot on the side. I would be happy to look at it with Mr. Licht. CMR Nichols - Item G., The depth of lots. Planner Licht - back up lots to the power line easement is the issue. Administrator Robertson - Questioned Planner Licht if in the power line easement a deck would be prohibited? Planner Licht was not sure what the power company allows in there. Mr. Packer - Noted they will look at it as they don't want to sell houses w/easement right up against it. DISCUSSION WENT BACK TO THE PUBLIC FOR COMMENTS. There was none. HEARING NO COMMENTS, ACTING CHAIR NAGEL CLOSED THE PUBLIC HEARING. DISCUSSION WENT BACK TO THE PLANNING COMMISSION. CMR Goenner - Questioned the side yard deviation. Planner Licht noted that the Planning Commission can add that condition if so inclined. CMR GOENNER MOTIONED TO APPROVE THE REZONING OF THE PHEASANT RIDGE PROPERTY FROM A-1, GENERAL AGRICULTURAL, RURAL SERVICE DISTRICT, TO R-4, RESIDENTIAL URBAN SINGLE FAMILY DISTRICT AND R-6, RESIDENTIAL TOWNHOUSE, QUADRAMINLMUM AND LOW DENSITY MULTIPLE FAMILY DISTRICT. CMR NICHOLS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CMR GOENNER MOTIONED TO APPROVE THE PUD/CUP FOR PHEASANT RIDGE PRELIMINARY PLAT WITH ITEM D. CHANGED FROM ELIMINATE TO MINIMIZE. ITEM E. CHANGED FROM 12,000 SQ. FT TO 11,000 SQ. FT. ITEM J. LANDSCAPE PLAN TO SHOW THE APPROPRIATE RUN OFF CONTROL ON THE PONDING AREAS. ITEM P. STATE THAT THE CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 19, 1999 - 8PM - PAGE 4 - SIDEYARD SETBACK BE 10' ON THE HOME SIDE AND 5' ON THE GARAGE SIDE. ELIMINATE CONDITION C., AND ITEM F. BE REVISED TO SHOW ADEQUATE SNOW STORAGE. CMR MOONEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. It was noted that this item will be on the Council Agenda of 7/26/99 AT 6:30PM 4 HEARING for Applicant Gilberto Valdez 6839 Northeast River Road Elk River, MN 55330. Owner of record is David Boggs Midwest Station II, P.O. Box 10, Rogers, Mn 55374 PID #118-500-362200 in Sec 36, Tn. 121 R23, Legal description is Gov. Lot 2, EX 3-1/2 Acres to Bouley Ex. Part,• To10031A. DES in Book 215-308 EX TR this is on River Road (County Road #42) East of State Hwy. #101. This property is zoned A-1, General Ag. Request is as follows: A. Conditional Use Permit Amendment to allow a mobile home/farm use to be ungraded and continued. Elaine Beatty noted the proper postings, mailings and publications were completed. Applicant Mr. Valdez spoke - He was happy with the staff report. Planner Licht gave NAC's report dated July 13, 1999. He noted that this use was grandfathered in and would not be allowed otherwise. NAC recommends approval with the eight conditions of the report. HEARING WAS OPENED TO THE PUBLIC No one spoke. DISCUSSION WENT BACK TO THE PLANNING COMMISSION. CMR Goenner - Will this be a double wide mobile home with a foundation? Planner Licht -Noted that the home is required to be secured, but it doesn't require a permanent foundation, as it is a temporary structure. HEARING WAS BROUGHT BACK FOR PUBLIC COMMENT No comment. HEARING WAS CLOSED BY ACTING CHAIR NAGEL DISCUSSION WENT BACK TO THE PLANNING COMMISSION. COMMISSIONER NICHOLS MOTIONED TO RECOMMEND APPROVAL OF THE CUP TO ALLOW REPLACEMENT OF THE CURRENT MOBILE HOME WITH THE EIGHT (8) CONDITIONS AS NOTED IN NAC'S PLANNING REPORT. CMR RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. It was noted that this item will be on the Council Agenda of 7/26/99 6:30PM. 5. HEARING for applicant James R. LeFebvre and owner Rita B. LeFebvre, 15234 70TH ST NE (Co. Rd. #37), Elk River (Otsego) Mn. 55330. PID #118-500-273404._ Legal description is Sec. 27, Twp. 121, R. 23 unplatted land the E 26 &2/3 Acres of the S_ 2/3 of the W 3/4 of the SW except TR DES in BK 187-282 Exc. Tr. Des in BK. T2570541 Exc. Tr. Des in Bk. 257-43 CO of WrightState of Mn. Property is zoned A- 1 General Aaxicultural and located NE of Packard Avenue and 70TH ST NE (Co d. #37). Request is as follows: CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 19, 1999 - 8PM - PAGE 5 - A. Two (2) Variances from Zoning and Subdivision Ordinances for less than minimum lot width in the A-1 (General Agricultural District). B. A CUP to allow access not directly to a public street. Elaine Beatty noted that all postings, mailings and publishing's have been completed. Planner Licht gave his report dated July 16, 1999. He noted that a sketchplan had been provided, along with a survey of proposed lot. Applicant Jim LeFebvre - The wrong lot width was his mistake and it can be adjusted to 150'. The easement intent was to terminate it when a public street comes to the house. He also noted that it probably would be no more than 5 years to development of this property. Rita LeFebvre - I ask you to approve the request for a variance so we can move on. THE HEARING WAS OPENED TO THE GENERAL PUBLIC. no one spoke DISCUSSION WENT BACK TO THE PLANNING COMMISSION. CMR Nichols - Has a problem with the concern with how the current home is going to blend in with the proposed development sketch plan. He stated he assumes that somewhere down line this house will fit into whatever development comes. Planner Licht - Explained that to approve a variance it has to meet the criteria. Concern over the subdivision would be a question we would ask regardless. CMR Nichols - Your recommendation is a more detailed sketch plan for the 22 acres? Answer: yes. CMR Nichols - Questioned variance to allow access to a public street. A sketch plan revision would be more specific to the 22 acres. Identify fust if we allow a variance, then if we require a more detailed plan. COMMENT WENT BACK TO PUBLIC No comments DISCUSSION WENT BACK TO PLANNING COMMISSION CMR NICHOLS MOTIONED TO TABLE THIS APPLICATION AND GIVE DIRECTION TO THE APPLICANT TO PROVIDE A SKETCH PLAN THAT GIVES FURTHER DEVELOPMENT DETAILS AND A ROAD WITH THE CURRENT EASEMENT. MOTION DIED FOR LACK OF A SECOND. CMR Goenner did not second CMR. Nichols motion because he views this as a concept plan. He felt the sketchplan idea is secondary, nothing concrete about it and there is land available to change it. At 9:15PM CMR Rask left the meeting. A 5- minute recess was called for. After 5 -minute recess, the meeting was called back to order by acting Chair Nagel. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 19, 1999 - 8PM -PAGE 6 - CMR GOENNER MOTIONED TO APPROVE THE VARIANCE TO ALLOW THE SUBDIVISION WITH LESS FRONTAGE THAN REQUIRED BY ORDINANCE, ON GROUNDS THAT THE DISTANCE FROM THE ROAD AND ZONING OF PROPERTY BEING A-1 AND IF IT HAD 150' ROAD. FRONTAGE, IT WOULD TAKE UP UNDUE AGRICULTURAL LAND IN THE AREA. (BOTH VARIANCES APPROVED) CMR NICHOLS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Discussion: There was none. MOTION BY CMR GOENNER TO APPROVE THE CUP TO ALLOW ACCESS NOT DIRECTLY TO A PUBLIC STREET, SUBJECT TO 4 - CONDITIONS. CMR NICHOLS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Discussion: There was none. It was noted that this item will be on the Council Agenda Monday, July 26, 1999 at 6:30PM. Jim LeFebvre - Asked if he needed the revised sketch plan document drafted for the Council Meeting? Answer: No. 6. Any other P.C. Business a. Update on Council action by CM Vern Heidner CM Heidner updated the P.C. on the Jeff Ophoven proposal for Autumn Woods business and explained it had been tabled at last Council Meeting for a site inspection. CMR Goenner noted that starting in September he will have a conflict with Monday night P.C. meeting - long term. This will be on the next P.C. Agenda for discussion . 7. Adjourn by 1OPM CMR NICHOLS MOTIONED TO ADJOURN THE P.C. MEETING. PATRICK MOONEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO APLEEN NAGEL, SEC TARY MINUTES BY: ELAINE BEATTY, CITY CLERK/ZONING ADM. RECORDING SECRETARY FILE: PCMN99.WPS