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ITEM 2.1ITEM 2.7 OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER April 18, 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, and Alan Offerman. Absent: Commissioners Jim Kolles and Aaron Stritesky. City Council: Vern Heidner. Staff: Dan Licht, City Planner and Connie Schwecke, Administrative Assistant. 1. Announcements: No Announcements. 2. Consider the following minutes: 2.1 April 4, 2016 Planning Commission Meeting. Commissioner Thompson motioned to approve as written. Seconded by Commissioner Schuck. All in favor. Motion carried. 3. Public Hearing item: 3.1 Przytarski: A. PUD-CUP/Preliminary and final plat to create one (1) single family lot and two (2) open space outlots. City Planner Licht presented the Planning Report. S. Mike Przytarski, 705 NW 9th St, Grand Rapids, who is the owner and applicant, stated he had no concerns on the staff report. Chair Black opened the Public Hearing at 7:11 PM. Jackie McClain, 9881 101St St NE, who is the spokesperson and secretary/treasurer of Mississippi Pines. Mrs. McClain explained the history of the Mississippi Pines HOA trying to purchase this lot from AJE Companies, Inc. starting in 2004 and their requests were denied. She also stated that she was told that nothing could be built on this lot because it was greenspace and that for sixteen years the HOA has maintained this property since it is the entrance to Mississippi Pines. Mrs. McLain stated that the Mississippi Pines HOA was not in favor of building a house on Outlot I. Pat Finn, 9760 Jandel Ave NE, Otsego, his property is adjacent to the subject site. Mr. Finn asked who is responsible paying the property tax for the donated land and where would the driveway go. City Planner Licht stated that Mississippi Pines HOA would need to accept the donation of land from the property owner, and if the HOA accepts the donation, they would be responsible for the property taxes and ownership of that portion of land on Outlot I. Mr. Licht also stated the driveway would be built south of trees and north of island. Mr. Przytarski explained that he purchased this property from a real estate broker for $3,500 and the property had been for sale for over three months. Russ Habel, 9994 Jansen Circle NE, Otsego, property owner in Forest Hills next to applicant. Mr. Habel expressed concerns of the pine trees being cut down next to his property and the development of green space. He also stated he was under the assumption that nothing could be built and asked why the City is considering rezoning the property? City Planner Licht stated approval of Mississippi Pines specifically excluded this parcel from the required open space and that AJE's intent was to develop this property. Tim Sixta, 9851 101 St NE, Otsego, property owner behind Forest Hills Development. Mr. Sixta was concern about rezoning this open lot. City Planner Licht stated this lot was not designated as permanent open space with Mississippi Pines, and therefore the current application is not a rezoning. Commissioner Schuck questioned if this Outlot was platted for a street connection not for a house or another building, what do we see in the wording that was approved? City Planner Licht said that this Outlot I would be retained by AJE and would be able to bring an application forward for this lot. The wording of the approval was not limited to just a street connection. Commissioner Nichols asked if the Outlot must be accepted by the Mississippi Pines HOA, what is the basis for that comment. City Planner Licht said that the original approval is such that any development of this outlot is tied back and is needed to comply with R -C District zoning as well as the private covenants of Mississippi Pines for consistency. Commissioner Nichols asked if there was a need to continue discussion since the HOA needed to approve the donation. City Planner Licht stated that the City needed to make a decision on the application and attach conditions the to which the applicant must comply. Commissioner Thompson questioned the applicant on the number of trees lost in the development. Mr. Przytarski stated that to the north of his property all trees would be left as a buffer and it was not his intention to build on the north edge of the property. Mr. Przytarski also stated he is willing to comply with the ordinance and donate two lots to the Home Owner Association. City Planner Licht stated that this is between HOA and the applicant specific to the HOA documents. Scott Pierson, 9983 Jansen Circle NE, Otsego, property owner. Mr. Pierson does not want to see any driveway or the applicant to have access into Forest Hills. 2 Joanne Sandberg, 10009 James Ave NE, Otsego, who is one of the first homeowners of the development. Mrs. Sandberg said she was concerned because she had been told that the entrance was always to remain an open lot and have a prairie look and that was one reason they purchased property in the first place. Chad Welle, 9898 Jansen Circle NE, Otsego, who is the president of the Forest Hills HOA, was also told the Outlots were open space and never to be built on. Mr. Welle stated two concerns; one was that the association was against having another access into their development, and the second concern is if the trees were cut down, the negative impact it would have on the wildlife. Mr. Welle said that the Forest Hills Association was against this application. Kent Kiddoo, 9847 Jenson Circle NE, property owner in Forest Hills. He stated concerns about adding a driveway into Forest Hills Development from Mississippi Pines Development. City Planner Licht stated that there was open space touching the Forest Hills Development and not enough room for setbacks to add a driveway to Jansen Circle. Heather Dejong, 9813 Jansen Circle NE, Otsego, property owner adjacent to the subject site. Ms. Dejong stated her concerns for the safety of the children, impact of the wildlife, the property values, and she also stated she was against building a home on this Outlot. Susan Farr, 9721 Jandel Ave NE, Otsego, stated concerns of notification of residents with this application and she also asked if the applicant produced house plans that included the size of home and landscaping for curb appeal since it would be at the entrance of the development. City Planner Licht stated all property owners within three hundred and fifty feet of the subject site were mailed notice required by State Statute and the Zoning Ordinance. Pat Finn, 9760 Jandel Ave NE, Otsego, his property is adjacent to the applicant stated concerns of only a three hundred and fifty feet notice. City Planner Licht stated that it is State Statute that the City notifies the property owners within three hundred and fifty feet of the applicant. Mr. Licht also stated that the City follows the regulation consistently for every application. Mr. Finn asked if the association is forced to accept the donation, who is responsible for paying the property tax and he questioned why the homeowner association was not be allowed to buy the property? City Planner Licht stated the AJE has a right to sell property and that the City had no involvement. Mr. Licht also stated that the City would not force the homeowner association to accept the donation. I If the homeowner association accepts the donation of the open space outlots, then it becomes responsible for ownership of the property. 3 Mr. Przytarski stated that he purchased the property from a real estate broker who represented the land for Mr. Emmerich. Russ Habel, 9994 Jansen Circle NE, Otsego, property owner in Forest Hills next to applicant. Mr. Habel questioned if the homeowners association would need to accept the donation for this to go through. City Planner Licht stated that the City could set a condition for the applicant that the homeowners association must accept the two lots for the application to go through, not that the homeowners association accept them. Sandy Knipp, 9755 101St St NE, Otsego, stated her concerns about the environmental impact on building so close to the Mississippi River. City Planner Licht stated that the density of twelve units for forty acres of land meets the Comprehensive Plan for Mississippi Pines and that building on this lot would cause no environmental impact. Jackie McClain, 9881 101St St NE, who is the spokesperson and secretary/treasurer of Mississippi Pines. Mrs. McClain asked for clarification about the homeowner's association rights to deny the donation of land request. City Planner Licht stated that if Mississippi Pines does not accept this donation, the city would not and accepts this application because all the conditions would not be met. Chair Black closed the Public Hearing at 7:44 PM. Commissioner Mord asked if condition number five in the application requires HOA approval. City Planner Licht stated that is correct. Commissioner Offerman questioned if the driveway would be allowed off Jansen into the Forest Hills Development. City Planner Licht stated the driveway into Forest Hills would not be approved. Commissioner Nichols asked what was the property taxes on this outlot I. City Planner Licht said the property tax for 2016 is $384 a year for the Outlot. Commissioner Thompson motioned to recommend to the City Council approval of a PUD -CUP and preliminary/final plat allowing for subdivision of Outlot 1, Mississippi Pines subject to the seven conditions. Seconded by Commissioner Nichols. All in favor. Motion carried. 3.1 Kremer: A PUD Concept Plan for development of a multiple family extended stay hotel use. City Planner Licht presented the Planning Report. 0 Chris Bulow, 11690 95th St, Otsego, who is a representative of the applicant. Mr. Bulow thanked the commissioners and stated that the staff report is accurate and he stated he can meet all the guidelines and asked the commissioners if they did not accept this proposal, he asked for guidance on how to make this an acceptable proposal. Chair Black opened the Public Hearing at 8:08 PM. Scott Gustafson, 9933 Kahler Ave NE, Otsego, stated his concerns of the height of this building, an extended stay hotel, value of his home and also the drilling of a well. Mr. Gustafson stated he was not in favor of a commercial type building and was not in favor of this application. Terry Kohler 10348 99th St NE, Otsego, felt that the residents were being misrepresented and that she was in always in favor of having golf course instead if more homes. Mrs. Kohler sated her concerns of an extended stay hotel that had garages and storage space. Tracy Kincanon, 8468 Nashua Ave, Otsego, resident for twenty five years. Mrs. Kincanon stated that this application would violate the goals and policies of the City's Comprehensive Plan. Dan Podoll, 10320 Kahler Ave NE, Otsego, said he had consulted the City's Comprehensive Plan and he documented seven instances where this application went against City policy. Bruce Jean, 9721 Kahler Ave NE, stated his property is approximately thirty feet north from the applicant's property where the applicant plans to build a three story building. Mr. Jean questioned how serious the applicant was in this project if he was asking neighbors to buy his property. Mr. Jean also stated he was concerned about light pollution, noise levels, and water levels. Mr. Jean asked the Commissioners not to approve the plan. James Macheledt, 10383 Kahler Ave NE, Otsego, read the definition of an Outlot in the city code and asked for clarification. City Planner Licht stated outlots are for future use, so an outlots can be platted and developed. Mr. Licht continued, in a residential development, lots are platted in phases and the balance of the land are outlots which can be platted into a buildable lot and subject to zoning a later time. Mr. Macheledt suggested that the wording of an outlot in the City Code should be changed for easier understanding and Mr. Macheledt read different sections of zoning ordinances and sub ordinances explaining that the application is not compatible with comprehensive plan and the current existing neighborhood. Mr. Macheledt stated that he has one hundred and twelve letters from neighbors stating their opposition to this application and 5 requested that the letters be added to the public record. He also stated that he was opposed to this application Tammy Hicks, 10560 97 St NE, Otsego, stated her concerns for the safety of the neighborhood children and the light pollution this building will cause. Mrs. Hicks said she was seriously opposed to this development. Bruce Larson, 10525 97th St NE, Otsego, stated his concerns as a property owner next to applicant,'he questioned how serious the applicant was when he offered to sell his property. Mr. Larson said he did not want a parking lot and garbage right at his property line and he is also concerned about developing on the wetland and drainage issues. Mr. Larson stated that he is against this application. Dan Podoll, 10320 Kahler Ave NE, Otsego, referred to page 47 of the comprehensive plan. Mr. Podoll stated that this property was indeed on a wetland defined by the comprehensive plan. Mr. Podoll stated for this reason alone he is against the application. Mr. Bulow stated the property has been delineated since 1999. He also stated that the Riverwood National Golf Course property had increased the wetlands area. Mr. Bulow said that the residents had been mistaken; he said the property had been for sale for fifteen 15 years prior to this application but he did not offer to sell to any resident. Bob Thielen, 9888 Kahler Ave NE, Otsego, who has lived on his property for twenty years, stated his concerns about the flooding and drainage issues that have occurred since the golf course was developed, explaining that prior to the development of the golf course, there were no drainage issues. Mr. Thielen also expressed concerns on the change from a bed and breakfast to an extended stay building. Tom Brooks, 10520 97 St NE, who is the property owner on the corner lot, stated that he was there and Mr. Bulow did ask him to buy the property. John Dial, 9720 Kadler Ave NE, Otsego, stated Mr. Bulow had previously sold one of the outlots. Mr. Dial had concerns of a three story building with fourteen units being built across the street from his property and that this would be considered a high density lot and does not fit in the R-C District zoning. Linda Knudson, 10600 97 St NE, Otsego, stated she also heard Mr. Bulow ask if someone wanted to buy his property. Mrs. Knudson also stated she was against this application. Alan Siirila, 9710 Kadler Ave NE, Otsego, asked if the land would have access to the northeast corner of the road. City Planner Licht stated the site plan doesn't show access to the internal residential street and the city could restrict access. I Tammy Hicks, 10560 97 St NE, Otsego, questioned what would happen to the building if bankruptcy occurred. Scott Gustafson, 9933 Kahler Ave NE, Otsego, stated that his neighbor's garage had to have a brick front to meet the standards of the neighborhood appeal and that this application will not meet the standards. Mr. Gustafson also stated he was against this application. Dan Peterson, 9791 Kahler Ave NE, Otsego, Dan Peterson stated his concerns about the water level situation and water/sewer management in the development. City Planner Licht stated the City Engineer did review the sewer system and it would have capacity. Doug Andrews, 8899 Kahl Way NE, Otsego, stated his concern on long term access to County Road 39 from the property. Artis Bisers, 9833 Kahler Ave NE, Otsego, said he was told this was a single family residential development and has concerns of drainage issues that would be caused by a three story building. Mr. Bisers stated he was opposed to this application. Erin Brooks, 10520 97th St NE, Otsego, stated that she moved into Otsego because of the country feeling and she has concerns of noise and light levels this three story unit would cause.. Tim Sixta, 9851 101 St NE, Otsego, said that he likes the country feeling of Otsego and he is concerned that this commercial building will have a significant negative impact on the surrounding community. Jean Schaefbauer, 9910 Kahler Ave NE, Otsego, said she had concerns about the high volume of traffic and light pollution this commercial building would cause. Mrs. Schaefbauer also stated she was concerned with the new hotel coming in Albertville. Chris Wollan, 9816 Kalenda Ave NE, Otsego, said she wanted the neighborhood to stay as the community it is and is opposed to a high density building. Connie Hederman, 10525 97th St NE, asked for clarification on the difference between an extended stay and a condominium. Commissioner Thompson asked the applicant how many acres is the golf course. Mr. Bulow said approximately eighty acres. Commissioner Thompson asked if the applicant, in the past, had a residential concept plan. Mr. Bulow stated that there was a plan, seven years ago, to remove nine holes and develop senior living. Mr. Bulow also stated that he has tried unsuccessfully to develop the property for fifteen years and asked the 7 commissioners for direction. Commissioner Thompson asked if it would be a seasonal bed and breakfast. Mr. Bulow said it would be year round facility. Commissioner Nichols commented that the application was not a bed and breakfast but was an extended stay. Commissioner Nichols questioned why not single family home. City Planner Licht stated originally this lot was part of the Vintage Golf lot and was separated out because of the bed and breakfast proposal with the condition that it needed to be developed within five years or it would be reverted back to the golf course. Mr. Licht also stated that it could not be single family housing because the density in the development had been allocated in the comprehensive plan. Commissioner Nichols questioned if this lot was only to be commercially developed. City Planner Licht stated in 1999, there was a condition that the property was to be developed within five years or it was to be reverted back to Vintage Golf. Commissioner Nichols commented that he had issues with a commercial building fitting into this property. Commissioner Thompson asked if the depth of well could be deeper so it would not impact the rest of the development. Commissioner Nichols commented that the problem is there are two owners; the applicant and Vintage Golf. Commissioner Mord questioned the term extended stay, having garages, is inconsistent. Mr. Bulow said they wanted to present a building plan that could fit on the site which could have a vast number of uses. Commissioner Mord asked if the units could be sold individually. Mr. Bulow stated yes. City Planner Licht stated that city staff discussed and reviewed the potential to develop this site but this did not mean staff is recommending a concept. Mr. Licht also stated that this was to be presented to Planning Commission as discretion of land use. James Macheledt, 10383 Kahler Ave NE, Otsego, questioned why this site was zoned R- C District. City Planner Licht stated any owner has the right to ask for land use and if the Commission found favorable comment, the applicant would need to request a zoning map change. City Councilmember Heidner stated it is State law that any owner has a right to ask for rezoning of their property and the city must allow a public hearing on that rezoning. Dana Podoll, 10320 Kahler Ave NE, Otsego, asked for clarification on how this process proceeds. City Planner Licht said the developer can bring any concept plan and the City will have to respond with the same process: notification of a public hearing in the paper and written notification to property owners three hundred and fifty feet of the property. Susan Flemming, 9760 Kadler Ave NE, Otsego, stated her concerns of their children's safety if an extended stay is allowed to be built. Tom Brooks, 10520 97 St NE, Otsego, stated the builder ran out of time and the five year condition to build expired, why is he allowed to proposal to build. City Planner Licht stated that is what the applicant is asking. Mr. Brooks asked the commissioners if they would want this building next to them. Travis Glanzer, 4601 Shoreline Drive, Spring Park, MN, who is the applicant, stated that he chose Mr. Bulow because of his experience as a quality architect and this building will be designed as an expensive, high end property. Mr. Glanzer continued to describe the amenities to the building. Bruce Larson, 10525 97 St NE, Otsego, stated he purchased his property as a foreclosure and has worked hard to get the property back to market value and doesn't want his property to devalue because of this building. Rhonda Dial, 9720 Kadler Ave NE, Otsego, said she was one of the first homes in the development and told there would be single family homes on both sides of the street. Mrs. Dial said she doesn't want her property value to go down because of her view looking at this building. Jill Agosto, 9661 Kalenda Ave NE, Otsego, said she has lived in the City for thirty-eight years and has seen a lot of change. Ms. Agosto described the drainage issues and issues of rental properties. Jay Mendel, 9272 Kaeding Ave NE, Otsego, who is the president of Riverwood National Homeowners Association, stated that the membership is not in favor of this development and questioned if the Commissioners would have a negative or favorable comment tonight. Chair Black stated that the goal would be to have a recommendation to the City Council tonight or table. Lisa Peterson, 9791 Kahler Ave NE, Otsego, asked for clarification if this lot was part of Grenins Mississippi Hills Development. City Planner Licht said yes it is. Chair Black closed the Public Hearing at 9:34 PM. Commissioner Nichols asked if there was any foreseeable use that you would have access onto Kahler Ave instead of County Road 39. City Planner Licht said no use was anticipated. Commissioner Nichols questioned if golf course closed would the site still have access. City Planner Licht said the property owner has ability to maintain a driveway within the easement. Commissioner Thompson stated he would rather see a one or two level senior residence. Commissioner Nichols said he is concerned with this site; there is no buffering zone right up against residential properties. 7 Chair Black stated that this plan doesn't fit with R -C Cluster plan. Commissioner Mord stated he had valid concerns of the compatibility issues with a three story building. Commissioner Schuck stated this building doesn't belong in the R -C District and is not in character with the community. Mr. Bulow asked the Commissioners for guidance. City Planner Licht stated that the applicant brought forth a concept plan for public hearing and at this time, after the public hearing is closed, is not an appropriate time to have a discussion. Commissioner Nichols motioned to provide comment to the City Council that the proposed concept plan is not consistent with the 2012 Comprehensive Plan for development within the Rural Residential Preserve. The use is not sufficiently defined and secondly that the number of units and mass of the building is not compatible with the development. Seconded by Commissioner Schuck. All in favor. Motion carried. 4. Update on City Council actions. CM Heidner gave an update to the Commissioners on City Council actions. 5. Update on future Planning Commission Agenda items. City Planner Licht updated the Commissioners. 6. Adjourn. Commissioner Thompson motioned to adjourn. Seconded by Commissioner Schuck. All in favor. Motion carried. Adjourned at 9:49 PM. Pam Black, Chair ATTEST: Tami Loff, City Clerk Written by: Connie Schwecke, Administrative Assistant 10