03-07-16 Planning Commission MinutesOTSEGO PLANNING COMMISSION MEETING
OTSEGO PRAIRIE CENTER
March 7, 2016
7:00 PM
Call to Order.
Chair Black called the meeting to order at 7:00 PM.
Roll Call: Chair Pam Black; Commissioners: David Thompson, Steve Schuck, Roger
Mord, Richard Nichols, Aaron Stritesky, Jim Kolles and Alan Offerman.
City Council: Vern Heidner. Staff: Daniel Licht, City Planner, Ron Wagner, City Engineer
and Connie Schwecke, Administrative Assistant.
1. Annual Business:
1.1 Election of the 2016 Planning Commission Chair & Vice -Chair.
Commissioner Nichols nominated Pam Black as Chair for
2016/2017. Seconded by Commissioner Stritesky. All in favor. Motion
carried.
Commissioner Nichols nominated Dave Thompson as Vice -Chair for
2016/2017. Seconded by Commissioner Stritesky. All in favor. Motion
carried.
2. Announcements:
City Planner Licht stated that provided on the dais are comments received
regarding Item 4.3 on the agenda, which are to be included in the official record
of the public hearing.
3. Consider the following minutes:
3.1 February 1, 2016 Planning Commission Meeting_
Commissioner Schuck requested correction of item 3.2 to read Commissioner
Thompson.
Commissioner Thompson motioned to approve amended minutes.
Seconded by Commissioner Schuck. All in favor. Motion carried.
4. Public Hearing item:
4.1 Riverpoint 6th Addition:
A. Planned Unit Development -Conditional Use Permit (PUD -CUP) allowing a lot
without direct access to a public street.
B. Preliminary and Final Plat for one single family lot.
City Planner Licht presented the Planning Report.
Jeff Busch, 12830 43rd NE St Michael, who is the applicant, had no additional comments
on staff report.
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March 7, 2016
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Chair Black opened the Public Hearing at 7:12 PM.
Rob Lokhurst, 17021 59th St NE Otsego, stated he owned property east of Mr. Busch's
property. He had concerns of rain water run off eroding the driveway and asked what
the plans for drainage would be.
City Engineer Wagner stated that the driveway would be substantial with a fourteen
foot wide, four inch layer of crushed aggregate, four inch layer of class five and a two
inch layer of asphalt with an eighteen inch culvert running underneath. The driveway
will be tipped north with water running down to culvert and sloped away from Mr.
Lokhurst's property. City Engineer Wagner also stated that further up the slope of the
driveway a drop structure would be placed to prevent runoff.
Mr. Lokhurst asked who would be responsible if there was any damage to his property
or utility easement during development and construction.
City Engineer Wagner stated that the work will be done in the utility easement and any
damaged on the property or easement would be repaired by the applicant and not Mr.
Lokhurst's responsibility.
Mr. Lokhurst was also concerned if development would stop and not be completed,
would it be his responsibility to return the unfinished driveway back to sod.
City Planner Licht explained that the developer would need to provide an financial
security that would provide funding if the developer abandons the project so that the
City would have funds to restore the property.
Commissioner Thompson questioned if development would occur to the north of the
property, where would 59th Street go.
City Planner Licht stated when Lennar revised Riverpointe Fifth Addition, they prepared
a ghost plat where 59th Street goes uphill to the north. Property owner to the north
would be required to allow street access to the subject site.
Commissioner Schuck asked who would be responsible to restore the abandoned
driveway.
City Planner stated it would be covered under private easement and required to be
removed by the property owner.
Mr. Lokhurst questioned who would be responsible for the removal of the driveway.
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March 7, 2016
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City Planner Licht stated it would be the owner of Riverpoint 6th Addition.
Commissioner Mord question if police and fire equipment would have access to the
driveway at the projected grad elevation.
City Engineer Wagner stated yes, they would have the ability to access the house, with
the grade elevation at 12% and there would be a flat area at the top adjacent to the
garage.
Commissioner Thompson commented that the fire hydrant is at the cul-de-sac and the
fire hoses would run up the driveway.
Chair Black closed the Public Hearing at 7:27 PM.
Commissioner Thompson motioned to recommend to the City Council
approval of a preliminary/final plat and PUD -CUP for Riverpointe 6th
Addition, subject to the ten conditions. Seconded by Commissioner
Mord. All in favor. Motion carried.
4.2 Lahn:
A Zoning Map amendment rezoning from A-1 District to R-5 District.
B Planned Unit Development — Conditional Use Permit (PUD -CUP) and
Preliminary Plat of 345 single family lots.
City Planner Licht presented the Planning Report.
Paul Tabone, Lennar Corporation, 16305 36th Ave N Plymouth. He thanked the City for
working with them through this process. He stated that Lennar would be developing
345 homes on 247 acres and starting the first phase in late spring. He introduced three
housing types; discovery home, landmark series and patio homes. Mr. Tabone said that
they agree with the recommendations in the staff report.
Chair Black opened the Public Hearing at 7:51 PM.
Ben Cyr, 16825 53rd St Otsego, had concerns whenWright County raised the bend on
CSAH 36. He stated the traffic is extremely fast and that last year there were three
accidents on his property. He also stated that he has problems with trespassers who
walk to the river on his property and leave garbage. He asks the City to move his
mailbox to his side of property because of the difficulty of crossing CSAH 36 due to the
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March 7, 2016
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high volume and speed of the traffic. He also asked the City to reduce the speed limit
on CSAH 36.
City Planner Licht stated that City staff can contact the Rogers Post Office to request a
change of the post box location. City Planner Licht also stated City staff would also
advise Wright County regarding speeding concerns on CSAH 36.
Jason Pebul, 17396 56th NE Otsego, stated that CSAR 36 traffic lanes are not wide
enough and that on a daily basis, he sees people crossing the traffic lanes. He also
stated concerns about the odor coming from the wastewater treatment facility and said
he was touring the plant next week.
City Engineer Wagner explained that the treatment facility is only using 25% of capacity
now and with the new development would only increase 6% to a 31% capacity.
Mr. Pebul asked if the City could do a study to see if the smell was coming from the
treatment plant. He also asked if the City would extend the distance of 350 feet to
notify people of new development.
City Planner Licht stated that the City Council is currently involved in the wastewater
treatment facility operations issue and that staff would forward his concerns on to
them. City Planner Licht also explained that the 350 feet notification is required by
state law and the City follows that limit for consistency..
Brandon Wisner, 5886 Rawlings Ave NE Otsego, asked for clarification of wetland
restorations along CSAH 36 that may affect plans for a trail along the roadway.
City Engineer Wagner stated the developer would need to maintain a corridor for the
trail along CSAH 36.
City Planner Licht added that all grading, drainage and eroision control issues are
subject to review and approval by City Engineer and these conditions give the City
oversight.
Mr. Wisner had concerns with trails being both private and public. He asked if one trail
would be considered to cut down costs and questioned if the trail would loop to the
corridor for better access.
City Planner Licht stated theCity has planned regional connections and will work with
developer to for trails from CSAH 36 to Randolph consistent with the Future Parks and
Trails Plan. He also stated that all streets have sidewalks on one side. There will be
additional trail connections with future development.
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March 7, 2016
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Mr. Wisner had concerns with the flood plain and flood way to the south of the
development.
City Engineer Wagner stated the south pond does not receive any water and the east
pond, in the preliminary plan, is shown outside current flood way.
Commissioner Nichols had concerns of the home on the steep river bank off of County
Road 36 and questioned if there were plans to stabilize the bank.
City Planner Licht stated that the City has a lift station just to the west and would need
to stabilize the bank from erosion.
City Engineer Wagner agreed and stated that the bank would be piled (armored) in that
area to stop erosion as part of the grading plan for development of the subject site
south of CSAH 36.
Chair Black closed the Public Hearing at 8:17 PM.
Commissioner Thompson asked to clarify if it was a thirty foot garage setback.
City Planner Licht said yes.
Commissioner Thompson had concern on the proposed 55 foot wide lot sizes south of
CSAH 36 where they do not back up to a stormwater basin or wetland outlot.
City Planner Licht asked the applicant if the smaller lots had the narrow townhomes
planned as HOA maintained detached townhomes and Mr. Tabone said yes.
Commissioner Nichols motioned to recommend to the City Council
approval of a Zoning Mapiamendment rezoning the subject site from A-
1 District to R-5 District based on a finding that the request is
consistent with the criteria outlined in section 20-3-2.F of the Zoning
Ordinance. Seconded by Commissioner Stritesky. All in favor. Motion
carried.
Commissioner Nichols motioned to recommend to the City Council
approval of a preliminary plat, PUD -CUP and negative declaration on
the need for an EIS, subject to thirteen conditions and condition #5
amended:
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March 7, 2016
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5. PID 118-802-0011300 must be provided access to Road 6, made part of
the development, or Outlot H shall be deeded to the owner of the
exception parcel at the time the right-of-way for Road 6 is final platted.
Seconded by Commissioner Kolles. All in favor. Motion carried.
4.3 Schulz:
A Variance on future Planning Commission Agenda items.
City Planner Licht presented the Planning Report.
Mr. Richard Schulz, 19173 Zane St Elk River, applicant, thanked City staff for working
with him. He stated he would work with all the challenges and was looking forward to
continuing with this project.
Chair Black opened the Public Hearing at 8:42 PM.
Rich Martin 1686157 th St NE Otsego, asked the commissioners to refer to his letter. He
questioned the setback variance. He believes this setback would change the character
of neighborhood and asked the Commissioners not to accept this variance.
City Planner Licht explained the development review process and that City staff
reviewed the application material and site plans based on our professional experience
and recommends approval of a variance because of the constraints to the property.
Mr. Martin stated the house could be setback to 35 feet requirement by building
retaining walls and adding fill.
City Planner Licht stated that construction of the retaining walls would cause site
alterations which would impact the septic site, steep slopes and wetlands on the
property.
Mr. Martin asked the Commissioners to deny the variance.
Lyn Neutgens, 1687157 th St NE Otsego, stated that she agreed with Mr. Martin's
comments and in their cul-de-sac of three homes, this proposal of the home being so
close to the road would significantly impact the neighborhood and would be
aesthetically unattractive.
Thomas Kennedy, 16820 56th St NE Otsego, questioned why Mr. Schulz was clearing
and tearing down trees.
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March 7, 2016
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City Planner Licht stated the owner has right to tear down trees at any time.
Commissioner Thompson questioned where Mr. Kennedy's property is in relation to the
applicant.
Mr. Kennedy stated that his property is to south of Mr. Schulz.
Mike Wiggins, 16860 56th St NE Otsego, stated his concern of the environmental impact
of the property.
Kevin Brenny 16824 57th st NE Otsego, stated that the existing homes in the area are all
setback and ascetically pleasing. Mr.Brenny felt that having one house in the area so
close to the road might decrease the value of the other homes and he asked the
Commissioners to deny the variance.
Commissioner Nichols questioned how the the request for a twenty foot setback
variance was determined.
City Planner Licht stated it related to elevation of the garage floor one foot over the
street elevation and the topography of site.
Commissioner Nicholas questioned if a proposed house plan with footprint of 35' x 80'
had been turned in with the application.
City Planner Licht said no.
Commissioner Nichols asked Mr. Schulz if he had a house plan.
Mr. Schulz stated that this was the proposed footprint according to the surveyor and he
was working with an architect to guarantee that his concept plan would meet all the
City requirements. Mr. Schulz also said he was very conscience of the wetlands.
Commissioner Nichols asked if Mr. Schulz would consider moving the setback five more
feet.
Mr. Schulz stated he would consider any option if the contractor stated it was more
feasible.
Commissioner Mord questioned if Mr. Schulz had talked to the architect about the 35
foot setback before he purchased the property.
Mr. Schulz said yes.
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March 7, 2016
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Commissioner Stritesky asked the size of your house plan.
Mr. Schulz stated it will be 1,800 square feet on the main floor with a three car
attached garage.
Commissioner Nichols asked Mr. Schulz if he would be agreeable to table this until he
talked to his architect to come back with a plan that was further back from the road.
Mr. Schulz stated he did not want to table this request because he wanted to stay on
track with his project.
City Planner Licht said that the Planning Commission has the option of recommending
approval of a different setback with a variance or tabling the application for more
information.
Commissioner Kolles stated that by adding five feet to the proposed setback, he would
be more comfortable with the distance from the street.
Nan Martin, 1686157 th St NE Otsego, thanked the Commissioners for hearing their
concerns and asked the Commissioners to please consider denying this request.
Mr. Martin reminded the Commissioners that all the houses had a 35 foot setback and
asked the commissioners again to deny the request.
Chair Black closed the Public Hearing at 9:37 PM.
Commissioner Nichols motioned to recommend to the City Council
approval of a variance to allow a 2S foot front yard setback for Lot 16,
Block 2 Autumn Woods based on a finding that the applicant has
demonstrated that the request satisfies the criteria outlined by Section
20-6-3 of the Zoning Ordinance, subject to the following five
conditions. Seconded by Commissioner Kolles. All in favor. Motion
carried.
5. Update on City Council actions.
CM Heidner gave an update to the Commissioners on City Council actions.
6. Update on future Planning Commission Agenda items.
March 21, 2016 Frankfort Application.
7. Adjourn.
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March 7, 2016
Page 9
Commissioner Stritesky motioned to adjourn. Seconded by Commissioner
Thompson. All in favor. Motion carried. Adjourned at 9:46 PM.
Pam Black, Chair
ATTEST: Juyv.-, iv�
Tami Loff, City Clerk
Written by: Connie Schwecke, Administrative Assistant