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04-16-01 PCCITY OF OTSEGO PLANNING COMMISSION MEETING APRIL 16, 2001 8 PM OTSEGO CITY HALL 1. Chair Swenson will call the meeting to order. Chair Swenson called the meeting to order at 8:00 PM. Roll Call: Chair Carl Swenson; Planning Commission Members: Ken Fry, Steve Schuck, Patrick Moonen, Richard Nichols and Christian Mbanefo, and Jim Kolles. Council Representative Vern Heidner. Staff: Michael Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Dan Licht, City Planner. Councilmembers attending: Mayor Larry Fournier, Councilmembers Jerry Struthers and Virginia Wendel. 2. Consideration of the Planning Commission Minutes: A. April 2, 2001 Commissioner Nichols motioned to approve the minutes. Seconded by Commission Mbanefo. All in favor. Motion carried. 3. Public Hearings for the following aDDlicants: A. Greg and Linda Kreuser, applicants 12301 95`h Street NE Request: A Conditional use Permit (CUP) to allow a Commercial Riding Stable within an A-1 District. Chair Swenson opened the Public Hearing at 8:03 PM. Judy Hudson attested the proper posting and noticing was done. Dan Licht presented the Planning Report. Chair Swenson opened the Public Hearing for Public Comment at 8:11 PM. Tim Braske, 12369 95`h Street, next-door neighbor asked if the right-of-way along County Road 39 would be used for riding. The applicant, Linda Kreuser, replied that only the outdoor riding arena and the indoor riding arena would be used. Chair Swenson opened Planning Commission discussion. Commission Schuck asked if this facility will be opened to the public. Mrs. Kreuser replied this will be very structured with only 1 to 3 riders at a time and they will be serving the emotionally and mentally handicapped and will not be open for public riding lessons. Commissioner Kolles stated he owns the property to the west of this site and wondered if they could move the proposed building more to the east or to the south. The applicants replied they can't move it to the south because they need the pastureland and but will check into moving it further to the east if they can meet the setbacks. Planning Commission Meeting of April 16, 2001. Page 2. Chair Swenson asked for additional Public Comment at 8:18 PM. Katie Keen, Mason Avenue, spoke in support of the project. Krishna Martinson, Nashua Avenue, asked if the applicants have worked with this type of program previously. Linda Kreuser replied she has worked with horses most of her life but not with the therapeutic program. Tim Breske, 95`h Street, asked if Otsego has an ordinance which limit's the number of employees. Dan Licht replied the ordinance applies to residential home businesses and this would be a Conditional Use Permit for a Commercial Riding Stable and therefore the residential becomes an accessory use and there are no restrictions for number of employees. Stephanie Danielson, President of the Riding Association spoke in favor of the use. She will be overseeing the medical and therapy sessions. Chair Swenson closed the Public Hearing at 8:23 PM. Commissioner Mbanefo motioned to approve the Conditional Use Permit for a commercial riding stable, subject to the six conditions listed in the Findings of Fact with staff to work out the landscaping design along the west property line with the applicant as Condition No. 7. Seconded by Commissioner Fry. All in favor. Motion carried. B. Laura Benson, armlicant. 8841 Mason Avenue NE Rezone from A-1 (1 per 40) to A-2 (4 per 40) for the 36.90 acres owned by Kenneth L. Davis and M. Maxine Davis, 118-500-192100. Chair Swenson opened the Public Hearing at 8:25 PM. Judy Hudson attested the proper publishing and noticing was done. Dan Licht presented the Planner's Report. Chair Swenson opened for Public Comment at 8:27 PM. Tom Constant, 13776 85`h Street, asked if the new lot will affect the snowmobile trail on this property. Dan Licht replied it would not. Chair Swenson opened for discussion from the Planning Commission at 8:28 PM. There was no Planning Commission discussion. There was no further Public Comment. Chair Swenson closed the Public Hearing at 8:29 PM. Commissioner Nichols motioned to recommend to approve a Zoning Map amendment rezoning the subject site from A-1 to A-2 District based upon a finding that the action is consistent with the Comprehensive Plan. Seconded by Commission Schuck. All in favor. Motion carried. Planning Commission Meeting of April 16, 2001. Page 3. C. Russ Martie and Joyce Mickelson, applicants. Owner is Russ Martie, Rush Mar Land Corp. for 118-500-184100 and 118-500-191100 Request: Rezoning From A-1 to A-2. Planned Unit Development and Conditional Use Permit (PUD/CUP) Preliminary Plat Chair Swenson opened the Public Hearing at 8:30 PM. Judy Hudson attested the proper noticing and publishing was done. Dan Licht presented the Planner's Report. Applicant Joyce Mickelson, commented that she feels the 30 -foot wide trail easement seems excessive, that the density doesn't support this width. Dan Licht replied the width gives a buffer, separating the public land from the private land and also allows work to be done on the trail if needed. Chair Swenson opened the Public Hearing for Public Comment at 8:43 PM. Betty Benson, 8982 Mason Avenue, owns the property to the west of site. She said she was limited to 4 units per 40 acres and so the applicant should only be allowed 10 lots. Dan Licht agreed only 10 lots are allowed per ordinance. Arnell Beckman, Mason Avenue, and adjoining property owner. He stated support for this development and 10 -acre lot developments but is concerned with disturbing the wildlife in the wetlands on the property. Katie Keen, Mason Avenue, encouraged the Planning Commission to follow the ordinance by allowing only 10 lots. Randal Begin, Napier Avenue, and adjoining property owner. He asked how they would get a street across the wetland. Dan Licht replied they will need to get approval from the DNR and the City. Joel Keen, Mason Avenue, asked where the riding paths are located. Dan Licht located them using the overhead. Commissioner Mbanefo asked the applicant why they need 13 lots and noted that Lots 1, 2 and 3 are smaller lots. Joyce Mickelson replied they laid the lots out in conjunction with electric lines and also they need this number to make it work. Commission Schuck asked if there will be any separation between County Road 39 and the trail. Joyce replied the trail will be located on the edge of right-of-way. Commissioner Nichols asked if the Outlot meets the City's Ordinance for park dedication. Dan Licht replied the City can accept a combination of money and land. Commissioner Kolles asked if the trail along County Road will have a fence. Joyce replied she understands his concern and will check into this. Commissioner Fry asked if the covenants will only allow for horse owners to live in this plat. Joyce Mickelson explained both horse owners and nature lovers. Chair Swenson closed the Public Hearing at 9:01 PM. Planning Commission Meeting of April 16, 2001, cont'd. Page 4. Commissioner Nichols motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based upon a finding that the action is consistent with the policies of the Comprehensive Plan. Seconded by Commissioner Kolles. All in favor. Motion carried. Commissioner Nichols motioned to approve a PUD -CUP and Preliminary Plat for Hidden Trails, subject to the eight conditions listed in the Findings of Fact with Condition No. 1 revised to have not more than 10 build able lots and add Condition No. 10 for staff to review if a fence is needed along County Road 39 to protect riders on the trail from traffic on County Road 39. Seconded by Commissioner Mbanefo. All in favor. Motion carried. D. S & Z Investments, Inc and Bulow Inc. for Mvrtle LuConic. 8922 Nashua Avenue_ NE. 100 acres. 118-500-201200 Request: Re -zone from A-1 to R-3 (Residential) Planned Unit Development and Conditional Use Permit (PUD/CUP) Preliminary Plat Chair Swenson opened the Public Hearing at 9:04 PM. Judy Hudson attested proper noticing and publishing was done for the above request. Dan Licht explained this also needs a Comprehensive Plan Amendment and needs to be noticed, therefore this request needs to be tabled until the next Planning Commission Meeting to meeting the noticing requirements. He also noted that additional information is needed from the applicant. Dan Licht presented the Planner's Report. He recommended that the cemetery issue should be looked into while the applicant is revising his plat. Chris Bulow, applicant, said they have reduced the number of lots, realigned the street to meet the southern entrance of City Hall and will take out the lots along Nashua Avenue. His engineer will recalculate the drainage pipe elevation. Chair Swenson opened the Public Hearing for public comment at 9:16 PM. Steve Wiltermuth, 8937 Obrian. He encouraged the City to keep the access by his place as an emergency exit and bike path and not a street. Krishona Martinson, 8789 Nashua Avenue, doesn't want the street entrance moved to the south feeling this would be too closed to her driveway. She would like to see 2 -acre lots. Kim Blayds, 8725 Nashua Avenue, supported the street entrance being moved and the two lots removed on Nashua. She was concerned if this rezoning would affect her property. Tom Constant, 85`h Street, asked if there was a change with the cul-de-sac. Dan Licht replied the City Engineer would review this. Judy Wood, 8841 O'Brian. She asked if the drainage project would be done first. Dan Licht replied this would be done as part of the project. Planning Commission Meeting of April 16, 2001. Page 5. Commissioner Nichols motioned to continue the Public Hearing until May 7, 2001. Seconded by Commission Mbanefo. All in favor. Motion carried. 4. Any other Planning Commission Business A. Update on Council actions by CM Heidner. CM Heidner informed the Planning Commission that the requests for Judy Vetsch and Stonegate Second Addition Final Plat were approved by the City Council. 5. Adjournment by 10 PM Commissioner Schuck motioned to adjourn. Seconded by Commissioner Nichols. All in favor. Motion carried. Meeting adjourned at 9:38 PM. Mayor Larry Fournier Recorded by: Judy Hudson, City Clerk