04-19-04 PCITEM 2-1
OTSEGO PLANNING COMMISSION
APRIL 19, 2004
7 P
OTSEGO CITY HALL
1. Chair Nichols will call the meeting to order.
Chair Nichols called the meeting to order at 7 PM.
Roll Call: Chair Richard Nichols; Planning Commission Members: Pam Black,
Steve Schuck, David Thompson, Jim Kolles and alternates Doug Hackman, Tammie
Fallon and Tom Darkenwald.
Excused absence: Carl Swenson and Ken Fry.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/City Administrator
and Dan Licht, City Planner.
Council: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel and
Jerry Struthers.
2. Consider the following minutes:
2.1. Planning Commission Meeting of April 5, 2004
Commissioner Schuck motioned to accept the minutes. Seconded by Commissioner
Kolles. All in favor. Motion carried.
3. PlanningItems:
ems:
PUBLIC HEARINGS:
3.1. Mississippi Cove. Applicant is Mike Leuer.
A. Rezoning from A-1 District to R -C Residential Cluster
Development.
B. Preliminary Plat for 20 Single Family Lots.
C. Vacation of underlying Otsego Town Site.
Dan Licht presented the Planner's Report. Scott Dahlke, Quality Site Design, said they
were in process of talking with the adjacent property owner to purchase land for road
access.
Judy Hudson attested all proper noticing and publishing was done. Chair Nichols opened
the Public Hearing at 7:14 PM.
Katy Keene, 8182 Mason Ave, questioned the transfer of development rights.
Dan Licht explained the two additional development rights are coming from a piece of
property 2 miles from the subject site.
Chair Nichols questioned the transferring development rights from one property owner to
another when he didn't have the rights previously. Mr. Licht said that as a whole they
won't go over the 12 per 40 and together they are consistent with the Comprehensive
Plan. Chair Nichols asked if this development meets the cluster plan the City wants. Mr.
Licht replied that it does meet the design criteria. Commissioner Kolles, who stated he
owns the property next to this development stated his concern that future residents going
on his field. Dan Licht said part of that area will be a future city park and for the interim
the developer can provide a fence to create a boundary.
Commissioner Hackman asked if the proposed trails would be connected to the City
Planning Commission Meeting of April 19, 2004. Page 2.
trails. Mr. Licht said their trails are private.
Commissioner Black questioned if there was any historical significance to the old town
site. Mr. Licht replied that since there are no buildings on this site, the City prefers to
vacate.
Chair Nichols re -opened for Public comments.
Nancy Anderson, 9031 Mason Avenue, stated her concern with setting a precedent for the
development transfer rights.
Jeff Adamski, property owner next to proposed development. He said the developer is
proposing to buy his driveway and asked if there are restrictions for him to split his lot.
He also asked if the developer needs his access. Mr. Licht explained he doesn't have
enough land to do a split and he also explained the setbacks and that the developer is
required to provide an eastern access.
Katie Keane stated that the City should establish a process to transfer development rights.
Dan Licht noted that the applicant is asking for an amendment to the Zoning Ordinance
and that the Planning Commission and City Council need to make a decision.
Chair Nichols closed the Public Hearing at 7:39 PM.
Commissioner Schuck is concerned with the transfer of development rights.
Scott Dahlke said that the owner has to impose a deed restriction on his property that his
building rights are gone after the transfer.
Commissioner Schuck motioned to deny the application based on a finding the
request is inconsistent with the Comprehensive Plan. Seconded by Commissioner
Black. All in favor. Motion carried.
Commissioner Schuck motioned to approve a Zoning Map amendment rezoning the
subject site from A-1 District to R -C District based on a finding that the request is
consistent with the Comprehensive Plan. Seconded by Commissioner Kolles. All in
favor. Motion carried.
Commissioner Schuck motioned to approve a Preliminary Plat and CUP for
transfer of development rights for Mississippi Cove, subject to the conditions listed
in the Planner's Report adding Condition No. 6 that the maximum density is 12 per
40. Seconded by Commissioner Black. All in favor. Motion carried.
Commissioner Schuck motioned to approve the vacation of the original town plat
underlying the subject site based on a finding that the request necessary to allow for
development is consistent with the Comprehensive Plan, Zoning Ordinance and
Subdivision Ordinance. Seconded by Commissioner Fallon. All in favor. Motion
carried. ,
3.2. Angel Acres. Applicant is Cheri Kuhn, Edina Realty.
A. Rezoning from A-1 District to R-4 Residential -Urban Single
Family District.
B. Preliminary Plat to develop 3 single family lots.
C. Variance to allow a setback from the bluff line less than 30 feet.
Planning Commission Meeting of April 19, 2004. Page 3.
Dan Licht presented the Planner's Report.
The applicant, Cheri Kuhn, noted the 15 -foot setback in the front matches what the
current house is set at.
Judy Hudson attested that the proper noticing and publishing was done.
Chair Nichols opened the Public Hearing at 8 PM.
Earl Schulenburg, Rawlings Avenue and lives next door to proposed development. His
comments were that the existing house did have bluff area and part of that has washed
down into the river. He talked to Pat Fowler at DNR and moving heavy equipment in
there can cause more lost to bluff line. This is a concern to him to allow a setback less
than 30 feet.
Elaine Schulenburg, Rawlings Avenue, stated they moved here in 1973 and in that time
she has seen a tremendous erosion of the river bank and more than a quarter of this lot is
gone and she has great concerns about all the trees that are now down in the river.
Chair Nichols closed the Public Hearing at 8:07 PM.
Commissioner Hackman motioned to deny the application based on a finding that
the request is not consistent with the Comprehensive Plan or criteria of the Zoning
Ordinance for approval of a variance. Seconded by Commissioner Thompson. All
in favor. Motion carried.
Commissioner Schuck motioned to deny the application for a Zoning Map
amendment based on a finding that the request is not consistent with the
Comprehensive Plan. Seconded by Commission Black. All in favor. Motion
carried.
Commissioner Schuck motioned to deny the application for Preliminary Plat based
on a finding that the request is not consistent with the Comprehensive Plan, Zoning
Ordinance and Subdivision Ordinance. Seconded by Commissioner Kolles. All in
favor. Motion carried.
3.3. Concept Plan. Applicant is Solid Ground Development.
A. Concept Plan Review for development of a Mixed Use Residential
Development consisting of 114 units.
Dan Licht presented the Planner's Report. The applicant's designer, Rick Harrison gave
his presentation on the development. Mr. Harrison said he agreed with staffs' comments.
Chair Nichols asked if there is any development the Planning Commission could go and
see. Mr. Harrison suggested the developments in Hutchinson and Isanti. Mike Robertson
questioned the setbacks for the sidewalks. Mr. Harrison said the sidewalk setback at the
most is 20 feet.
Judy Hudson attested that the proper noticing and publishing was done.
Chair Nichols opened the Public Hearing at 9:11 PM.
Jeffrey Bock of Solid Ground Development said the underlying drive is to do something
different and he gave Rick Harrison the liberty to create a unique neighborhood.
Planning Commission Meeting of April 19, 2004. Page 4.
Chair Nichols asked if they are staying with the 10 -foot side yard setback. Dan Licht said
they would be reviewed at the Preliminary Plat. Commissioner Fallon said she is familiar
with the one in Hutchinson and was concerned with how close together the homes are
with very little grass between them.
Mr. Harrison said these homes will be one and two stories tall and they are trying to
achieve an alternate to town homes.
Chair Nichols said he likes the Concept but would like to see other developments like
this. Mr. Licht said this is a Concept Plan and is a starting point and a lot of these issues
can be cleared up for a Preliminary Plat.
Chair Nichols closed the Public Hearing at 9:22 PM.
Commissioner Schuck motioned to approve a PUD Concept Plan for the Villages,
subject to the 11 conditions listed in the Planner's Report revising wording in
Conditions No. 8 regarding the review of architectural design flexibility to reduce
separation. Seconded by Commissioner Black. All in favor. Motion carried.
4. Any other Planning Commission Business.
4.1. Temporary Sign Ordinance.
Dan Licht presented the Planner's Report. Commissioner Black questioned signing for
City Events. Mr. Licht will review.
Chair Nichols motioned to set a Public Hearing on Temporary Sign Ordinance on
May 17, 2004. Seconded by Commissioner Schuck. All in favor. Motion carried.
4.2. Consideration of allowing more than one access to large parcels.
Dan Licht presented the Planner's Report.
CM Heidner would like to see wording in this regarding the construction of driveways in
order to preserve the curb cuts.
Chair Nichols motioned to set a Public Hearing the allowance of more than one
access to large parcels for May 17, 2004. Seconded by Commissioner Schuck. All in
favor. Motion carried.
4.3. Update on Council actions by CM Heidner.
CM Heidner updated the Planning Commission on recent City Council actions.
4.4. Update on upcoming Planning Items by Judy Hudson.
Judy Hudson updated everyone on upcoming Public Hearings.
5. Adjournment by 10 PM.
Commissioner Schuck motioned to adjourn. Seconded by Commissioner Black. All
in favor. Motion carried.
Meeting adjourned at 9:50 PM
Richard Nichols, Chair
ATTEST:
Judy Hudson, Zoning Adm/City Clerk