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04-17-00 PCCITY OF OTSEGO PLANNING COMMISSION MI_NUTES APRIL 17, 2000 - 8PM 1. Chair Swenson will call the Planning Commission Ieeting to order. Chair Swenson called the PlanningCommission Meeting to order at 8PM. ROLL CALL Planning Commission: Chair Carl Swenson, Richard Nichols, Steve Schuck, Patrick Moonen, Jim Kolles and Ken Fry, Alternate. Arleen Nagel (excused absence) and Christian l/ibanefo were absent. City Staff: Elaine Beatty, City Clerk, Zoning Administrator and Dan Licht, City Planner Council: Mayor Larry Fournier, Vern Heidner, Virginia Wendel and Mark Beining. 2. Consideration of the Planning Commission Minutes of: A. Monday, April 3, 2000 - 8PM A correction to the Minutes was noted on Pg. #3 before item #7, delete the last part of the sentence. MOTION BY PATRICK MOONEN TO APPROVE THE MINUTES, WITH CORRECTION, OF APRIL 3, 2000 PLANNING COMMISSION MEETING. KEN FRY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. HEARING for Owners Richard and Patricia LeFebvre, 9244 Parrish Avenue N.E., Otsego, Minnesota, 55330. Applicant is Kenneth Nathe, 19080 Lincoln Street NW, Elk River, Minnesota, 55330. PID #118-500-143200, property is located E. of State Highway #101 and N. of County Road #39. Legal description is on file at the City Clerk's Office at Otsego City Hall. Request is as follows: A. An Amendment to the Zoning Ordinance to allow an Interim Use Permit in A-1 (General Agricultural) district. B. An Interim Use Permit Chair Swenson explained the request. Elaine Beatty noted that the proper publication, posting and mailings were completed. Dan Licht reviewed the planning report dated April 12, 2000. (See attached). He noted that if the Planning Commission wishes to continue the use, the Interim Use Permit is recommended. Chair Swenson asked the applicant if they wished to speak. Ken Nathe - Noted he is the operator and Joe Nathe is the renter. Joe Nathe - Noted that the last 20 years he has owned and operated his business on Highway #10 in Elk River. He has known the LeFeb�1•es for many years. They sold wholesale to large food chains for many years. He always liked LeFeb-"res location. His main concern is growing a nice product so the customers come back. He has raised flowers since 1991. He would like to continue to operate as they have been. His brother has kept the site neat. Ken & Julie Nathe - They have made their living for the last three years at this site by selling produce and sweet corn. Over 30 years LeFebvres and Nathe's have developed a customer base. They provide the residents of Otsego a place to shop until something else comes along. They would like a long term rental garden sale and produce market as shown in the pictures provided. In the future, if this land sells, they will be out of this site. CITY OF OTSEGO PLANNING COi\VVIISSION MEETING TILNUTES OF APRIL 17, 2000 - PAGE 2 - Patty LeFeblvre - Xly husband was born and raised on this farm. We own this property. 32 acres, plus the rest of the farm. This sweet corn business has been operating over 30 years. After the State put the road through the land, we started a corn stand for the children to have a job and money. We sold out of the wagon and a lean-to, then we built a building there. One summer one of their children had a greenhouse to earn money. She explained that this is seasonal sales. In 1996 LeFebwes approached Nathe's about running the business for them. They own Riverside Farms and have beautiful produce and flowers. In the spring of 1997 Ken and Julie Nathe put up their greenhouse, then when they took it down, they sold sweet corn. T1r. Nathe is willing to go with a 1 -year at a time contract. For thirty years we have had no complaints and been able to sell these items. She wondered how many years she would have to have a business to be grandfathered. Chair Swenson - Explained the formal process for Hearing and, OPENED THE PUBLIC HEARING. Dale Brown - Runs a greenhouse and produce market in Sherburne County. He knows the LeFeb,,res. Kids working is a positive thing. When pickle season came along, LeFebveres would sell them. I am in favor of people that work. Let them work. Chair Swenson - noted the procedure we follow is on the back of the Agenda. Discussion went back to the P.C. Richard Nichols - questioned Dan Licht if the plans on the back of NRC's Report are realistic? Dan Licht - It looks like it would meet performance standards. He explained some of the Wild and Scenic issues. DNR is only at the concept level of plans now. Richard Nichols - The current use is probably the best use we will find for now. Based on the Staff Report, the Interim Use is exactly what we want and it would not cause a hardship. He is in favor of the Interim Use for now. Jim Kolles - Agreed with Richard Nichols on the Interim Use Permit. He has lived in that area all his life. LeFeb�res land is well kept and doesn't seem to be a problem. There is a lot of traffic, but it does not seem to be a problem since #101 has been widened. C.I. Heidner questioned i\/Ir. Licht about the greenhouse being allowed and his report. �Ir. Licht - There are three options; 1) Change the Zoning District. 2) Create an Interim Use - Greenhouse permitted. 3) No change. Chair Swenson - Questioned Dan Licht about the temporary greenhouse being appropriate. tilr. Licht - Noted that it is temporary and appropriate. I. Under Decision 2) Richard Nichols read Re: Sewer and Water being extended to the site and asked if the 5 -year term can be extended. Answer: Yes Richard Nichols - Asked applicants and owners if there were any conditions of the permit that they felt would not work. Dan Licht - Item D, Retail use, does the P.C. want to limit the scale of business to 109'0 or some other percentage? Ken Nathe - We had craft items there the first two years. We will no longer have them. We sell shepard hooks and cedar planter boxes. We have had people come in asking for products to decorate their house. Ken Nathe - Pg. 3.B. says May 1st start date, could we change that to April 20th for future vears, weather permitting. He also noted that the greenhouse is there now and CITY OF OTSEGO PLANNNING CONEMISSION MEETING MIv"UTES OF APRIL 17, 2000 - PAGE 3 - comes down completely and is stored and that they mow the property and keep it looking nice. Richard Nichols - What happens if Nathes decide they don't want to operate there anymore? Dan Licht - It does not change with operators changing. Joe Nathe - '�Z'e raise more than 70 -Acres of corn. Some will come from our other site. Noted that they would develop 8 acres with sewer and water and the remaining 12 acres they would give the land to the DiR and ask to farm it, if they were in control of the land. He noted that they have thought of long term business. No one else spoke. HEARING WAS CLOSED by Chair Swenson Back to P.C. discussion. RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF THE ZONING ORDINANCE AMENDMENT TO ALLOW NON-FARM RELATED SEASONAL PRODUCE SALES AS AN INTERIM USE WITHIN AN A-1 DISTRICT BASED UPON A FINDING THAT THE USE IS CONSISTENT WITH THE COMPREHEINSIVE PLAT AND THE I.NTENT OF THE A-1 DISTRICT. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RICHARD NICHOLS MOTIONED TO RECO'.M IENVD APPROVAL OF THE INTERIM USE PERMIT TO ALLOW NON-FARM USE, SEASONAL PRODUCE SALES IN AN A-1 DISTRICT, SUBJECT TO THE CONDITIONS IN NAC'S REPORT ITEMS A - K AND ITEM B BEING CHANGED FROM MAY 1ST TO OCTOBER 31ST TO APRIL 1ST TO OCTOBER 31ST. AND ITEM D. BE CHANGED TO READ 5% OF THE GROSS SALES AREA MAY BE RETAIL SALES. KEN FRY SECONDED THE MOTION. MOTION CARRIED UNNANIMOUSLY. This item will be on the Council Agenda of Monday April 24, 2000 at 6:30PM. 4. HEARING for Owners Arlyn & Judith Bajari, 7121 Kadler Avenue N.E. (Otsego2 Monticello, Mn. 55362 and Applicant Bauerly Brothers, Inc. 4787 Shadowwood Drive NE, Sauk Rapids, Mn. 56379. PID #'s involved are 118-800-273401 (41.17 Approx. Acres) and #118-800-274400 (27.34 Approx. Acres) all in Section 27, Township 121, Range 24, Wright County, City of Otsego, MN. Legal description is on file at the City Clerk's Office, City of Otsego. This property is located W of Kadler Avenue N.E. and N of 70TH ST N.E. and N of I-94. Request is as follows: A. Rezone from A-1 (General Agricultural, Rural Service Area) to I-2 (General Industrial District) the entire 41.17 and 27.34 approximate acres. OR B. Rezone the 2 Acres to be leased by Bauerly Brothers, Inc. from A-1 (General Agricultural, Rural Service Area) to I-2 (General Industrial District) C. Conditional Use Permit to allow outside storage in an I-2 District. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 17, 2000 - PAGE 4 - (Continued from the April 3, 2000 P.C. Meeting). CARL S WTNSON CLOSED THE HEARING. He noted that the request had been withdrawn by the applicant. 4. Any other P.C. Business A. Update on Council Action by Cti'f Vern Heidner CM Heidner - Noted that 33 houses were approved for the 2ND Addition of Crimson Ponds. The 3RD addition of Prairie Creek with 74 homes has Preliminary Plat approval. The lots are going fast, as they want to reserve capacity. He noted that the Randy and Debbie Carron house relocation was approved by the Council. Dan Licht - Explained that Bajari's withdrew their application. Staff met with them twice to review and discuss a new application. They are looking at mid May to reapply with a new application. 5. Adjourn by 10PM RICHARD NICHOLS MOTIONED TO ADJOURN THE P.C. MEETING. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 8:55PM. ARI EN NAGEL, sEcRFERY Minutes by: Elaine Beatty, City Clerk/Zoning Adm./Recording Secretary eb Flle: 2-PC-TNiIN. WPS