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02-22-00 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES MONDAY, FEBRUARY 22, 2000 - 8PM 1. Chair Swenson will call the Planning Commission Meeting to order_ Chair Carl Swenson called the meeting to order at 8PM. ROLL ALL Planning Commission: Chair Carl Swenson, Steve Schuck, Richard Nichols, Ken Fry, Patrick Moonen. Christian Mbanefo arrived at 8:03PM and Jim Kolles arrived at 8:05PM. Staff: Mike Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Administrator and Dan Licht, City Planner. Council: Mayor Larry Fournier, CM Vern Heidner, CM Virginia Wendel 2. Consideration of the Planning Commission Minutes of.• A. Monday, February 7. 2000 - 8PM RICHARD NICHOLS MOTIONED TO ADOPT THE MINUTES AS WRITTEN. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3 HEARING for Owners Janet E Bridgland and C Hartell 9244 - 95TH ST NE, Monticello (Otsego), MN. 55362 and Carl A and Toy A Swenson 9484 - 95TH ST NNE, Monticello (Otsego) MN. 55362 Applicant is ATE Companies, Inc, 10738 Hanson Boulevard, Coon Rapids, MN PID #'s involved are 118-800-103301, 118- 800-103400, 118-800-152100 and 118-800-151301, all in Sections 10 and 15, Township 121, Range 24, Wright County, City of Otsego, Minnesota. Legal description is on file at the City Clerk's Office, City of Otsego. This property is located NW of County Road #39 (95TH ST NE) and Kadler Avenue NE. Request is as follows: A. Comprehensive Plan Amendment regarding density. B. Zoning Amendment (text) pertaining to density allowed in the R -C, Residential- Rural Open Space Cluster District. C. Zoning Amendment (Map) to rezone the subject property from A-1 District to R -C District. D. PUD -CUP concept/development plan (concurrent) to allow clustered development within the WS District. E. Preliminary Plat of Mississippi Pines. F. Vacation of the Northerly 356+ feet of Jambor Avenue NE, right-of-way easement. Chair Carl Swenson announced that he had a personal interest in this agenda item, removed himself from the Planning Commission and turned the meeting over to Richard Nichols, Vice Chair who explained the application. Elaine Beatty noted that the proper publication, postings and mailings were completed. Dan Licht gave the planning report dated February 16, 2000 for Mississippi Pines (See attached report). The project is a 73 - lot, single family plat, cluster development currently zoned A-1 General Agricultural. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 22, 2000 - 8PM - PAGE 2 - He noted that the City Engineer is holding off on his review of this project until a lot line procedure is complete. This project is in the rural residential preserve area. Staff recommends approval subject to the stated conditions in the planning report. Mike Gair, NIFRA, Planner - Presented the development plan and reviewed the information, along with slides of the proposed site. He also introduced John Jackels, Project Manager, from AJE Companies. There is one small remnant wetland on site. Soils on the property were reviewed and are suitable for septic systems. 51% of the site will remain as open space in the project. 73 -home sites are proposed and this includes the 2 existing homes. Mr. Gair explained how the project was designed with open spaces, trees and the river taken into consideration and homes will be placed in the natural clearings. He believes that this project accomplished the intent of the cluster ordinance. They planned to dedicate 30 acres to the east of the project for a City Park Richard Nichols, Vice Chair explained the formal hearing procedure and OPENED THE PUBLIC HEARING. Marion Alexander - The proposed development is boxing me in. We wouldn't be able to 9880 95TH ST NE go anywhere. We can't keep people from trespassing now. She feels that people in this new development will be on her land. You will be letting more people come into my property. Doug Lindenfelser - His land is S of Carl Swenson's home. He would like a larger 9364 95TH ST NE buffer between his property and the new development. He knew this development was coming and has no objection to it. Bonnie Heinz- Her home is SE on Kadler. Why not use open space for a road? 10017 Kadler Mr. Gair showed that the homes were considerable distance from her. She asked about drainage. Answer: Preliminary drainage plan is done. They have rural section roads and drainage is to a pond by the proposed park area and drains to the Mississippi river. Marion Alexander - Will the houses run up against my fence line? Mr. Gair said the depth is 220' to 240' on the lots and the homes will be set towards the forward (N.) portion of the site. He said that homeowners are buying a platted lot and to move on to another lot is trespassing. They will have plenty of open space to use. Doug Lindenfelser - Questioned if the 4 -lots in the SW corner could be moved to the other area away from them. Mr. Gair said they could be switched, but this is a prime development area where they are. He noted that the green area will be maintained by the homeowners association and there will be restrictions. Alvin Alexander - When we moved to our property it was Ag. (53 acres) and wonderful deer hunting. Will this be residential and then I won't be able to deer hunt? Mr. Nichols stated that the regulations for hunting will apply. Elaine Norin - Her property is north of the proposed park. What kind of park is intended? Children play on it and how shielded from my front yard will it be? Who will maintain it? Mr. Gair - If the 30 acres CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 22, 2000 - 8PM - PAGE 3 - belongs to the City, it will be the City's responsibility. We suggest a neighborhood park with informal ballfields, picnic area, play equipment, etc. Marion Alexander - Asked how she would be able to develop her property with those houses up against her lot line? N/Ir. Gair noted that there is frontage on her property on both #39 and Kadler Avenue. Mr. Licht noted that 4 per 40 or cluster development would be a possibility for her property. It is not being limited, or reduced by this development. Ms Alexander noted again that she felt people would be in her back yard. Mr. Licht noted that if the lots were not there, it would be open space and more inviting to trespassers. No one else spoke. Back to the P.C. for discussion. Pat Moonen asked what surface will be on the trailways? Mr. Gair said they would mark and blaze in the field at some point and would not be hard surfaced. Richard Nichols - Item D on the planning report (Move over to the West and link areas together). Lot 40 and 50 are odd shaped. Mr. Gair said that the rear portion may be changed. They will look at it. They want to establish the setbacks on the lots. Richard Nichols - If the City decides not to accept Outlot G as part of the City Park, would you change the plan? l\/Ir. Jenkels - We would consider a slight change with a larger center area of green space. Christian Mbanefo - Had a question regarding setbacks. Mr. Gair explained establishing setbacks on Lots 7, 17, 18 and 28 with a minimum setback for the front yard. Richard Nichols - His primary concern is placing the house in the right place. We need to address potential for a Comp. Plan revision. Mike Robertson - Noted that he has asked the City Attorney to review that. Mr. Licht discussed it with the Attorney and you can change it to a specific density or an open ended cap. 1lciike Robertson - When the P.C. and Council set this district up, one big concern was not to set regulations so tight that we would lose development flexibility. Mr. Gair - I have a fair amount of experience with cluster development in other communities and most ordinances provide some flexibility. This development not only meets, but exceeds the ordinance requirements. 1\/Ir. Nichols - I have no problem with this one at 12 per 40 density. My only concern is creeping up eventually to 20 per 40 density. What would we look at for a permanent change? We do not have too much experience with cluster development. Arleen Nagel - I like the open green space and I like the lower density cap and being flexible if there is enough open green space. Christian Mbanefo - Congratulations, this was well presented. I remember the original discussions about cluster districts and if we decide to change, maybe leave the open space as is and go with a percentage. Jim Kolles - Questioned open space maintenance, is it taken care of by the Homeowners Association? I'VIr. Gair, Yes for the 33 acres in the center of the development. Mr. Kolles - Asked if this is a common practice, and how do the CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 22, 2000 - 8PM - PAGE 4 - homeowners take care of it? Mr. Gair - The wooded acres would remain wooded open areas. We have talked about some landscaping for the open areas. This is preliminary plan and the tree inventory is the next detail. Every person who buys into this development knows it is for their use and maintained by the homeowners association. Other areas I have worked with have used it for garden areas, manicured areas, etc. 1\/Iike Robertson - referred the Lake Elmo video he had shown to the P.C. and that a variety of treatments for open space can be used. In the center area there will be a stoimwater pond built. Discussion back to the public. Doug Lindenfelser - Another issue is park dedication, how does it work? Dan Licht noted that it is the decision of the Council and can be either 10% of land or cash. (They are proposing 24% of the land). $78,000.00 if cash for the entire area. Mr. Lindenfelser - Asked why not shift the development to the park area? Mr. Robertson - Explained that after the Park and Recs. discussions it may be just 5 Acres of park land and some cash. No further public discussion. Richard Nichols CLOSED THE PUBLIC HEARING. Discussion back to the P.C. Gene Goenner, P.C. Alternate member - Good layout. His concern is with increasing the density. Its an arbitrary number, and it could get more intense. Would like to see the ordinance remain as it is. In the future, maybe add extra two per acre. I would be leery of changing the ordinance at this point. The plat meets the intent, but not necessarily the goal. Mr. Gair - This is a living example of how that ordinance may be used and meets the spirit and purpose of the ordinance. This is a PUD and CUP which is a unique controlling device. The PUD has additional control. CM Heidner - PUD/CUP - You have the right to control the house footprint. Would you be willing to do that? John Jankels - I would hesitate to place the house pads on every lot. On certain ones, OK, unless it causes another problem. CM Heidner - The SW corner, you could locate future houses so existing neighbors could see between them. Mr. Nichols - It would probably be desirable to new homeowners as well. Mr. Nichols - Any comments on the questions that Mr. Goenner discussed? I have the same issues. 1). Lower density. 2). Easier to have open area. Ten to twelve lots per 40 acres is not a big difference. We probably need a number on it, or the next development would go the limit. Mr. Gair - My experience on this is site is that the 50% open space was the controlling factor. If you left 50% open space as a given and minimum one acre lot size that would constrain it. Mr. Nichols noted the last cluster development we had was different and explained further. Mr. Licht discussed possible ways to address the P.C. direction if they wanted to allow 12 lots per 40. CM Heidner - Is uncomfortable with having it based on percentage only. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 22, 2000 - SPM - PAGE 5 - Richard Nichols - Review the 3 options the P.C. has. Steve Schuck - Not happy going from 10 to 12 lots per 40. Dan Licht - Not a significant wetland on this development. Mr. Gair - Wasn't there, but thought there was an understanding that the number could be looked at again when it met the intent of the ordinance. Mr. Robertson - This is a tough issue, we felt this development met the intent. I have some concerns with the density being increased by each new development proposal. The Zoning Ordinance says 10 and we could provide flexibility and intent under the Comp Plan. More discussion of possible changes to suggested motions. Richard Nichols - Would it be in order to continue to the next meeting and have Dan Licht come back with revised motion which would modify the Comp. Plan to allow increased flexibility in the Cluster District based on whether the plan meets the intent of the Comp. Plan. ARLEEN NAGEL MOTIONED TO CONTINUE THE HEARING TO MARCH 6, 2000 FOR REVISED PLANNING REPORT. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. P.C. Discussion of the Feedlot Ordinance - (Registration with the City of 0tsegi2l continued from February 7. 2000 P.C. Agenda. See report from Dan Licht. A. Consider Hearing for amendment to the Ordinance. B. Set date and time for Hearing (If needed). Dan Licht explained that the character of the area is unchanged from the Comp. Plan adoption and ordinance amendment. Richard Nichols - If we accept this, we need to set a hearing date, Arleen Nagel - Felt we need to provide a second registration for farmers as a lot of them were not notified. CM Heidner - Last meeting people said 90 -days would take care of the registration. MARCH 20, 2000 WAS SET AS THE HEARING DATE AT THE PLANNING COMMISSION AT 8PM. IT WOULD GO TO THE 27TH OF MARCH COUNCIL MEETING AT 6:30PM. 5. Anv other P.C. Business A. Update on Council Action by CM Vern Heidner CM Heidner brought up Arleen Nagel's resignation letter and possibly appointing her to a 2 -year term and exchange with someone's 4 -year term. 6. Adjourn by 10PM ARLEEN NAGEL MOTIONED TO ADJOURN. JIM KOLLES SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ADJOURNED AT 10: M. ARLEEN NAGEL, S CRETARY Minutes by Elaine Beatty, City Clerk/Zoning Adm. - Recording Secretary. eb File: 2-PC-MN.WPS