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ITEM 2.1ITEM 2_1 OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER June 6, 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, Rogerl Mord and Alan Offerman. Absent: Commissioners Jim Kolles, Richard Nichols and Aaron Stritesky. City Council: Tom Darkenwald. Staff: Daniel Licht, City Planner and Connie Schwecke, Administrative Assistant. 1. Announcements: No Announcements. 2. Consider the following minutes: 2.1 May 2, 2016 Planning Commission Meeting, Chair Black made a correction to Item 3.1 as Electric Drive. Commissioner Thompson motioned to approve amended minutes. Seconded by Commissioner Schuck. All in favor. Motion carried. 2.2 May 16, 2016 Planning Commission Worksession. Commissioner Schuck motioned to approve as written. Seconded by Commissioner Offerman. All in favor. Motion carried. 3. Public Hearin items: tems: 3.1 Windsong II: A PUD Development Stage Plan and Preliminary Plat of 51 detached townhome dwellings. City Planner Licht presented the Planning Report. Applicant, Charles Alcon, 6138 76t" Lane, Greenfield MN, stated that the developer agreed with the planning report. Chair Black opened the Public Hearing at 7:14PM. Alec Dupay, 7394 Kahler Circle NE, Otsego, stated two concerns; one are the wetlands and the second is the large pile of dirt. City Planner Licht stated that the wetlands would either be maintained as is or after review by City, County, and State agencies, if the wetlands were found to be created by the construction, then they would be filled in. Commissioner Offerman stated that he would like to see the detached townhomes have different front facades and different options in color. City Planner Licht stated the City can require a condition where the developer is required to offer different options in colors and front facades. Developer, Tim Flynn, 13830 85th St NE, Otsego, stated the plans of these townhomes would have 6 to 8 different floor plans and 2 to 3 color options with no two options that were the same be built next to each other or across the street. Commissioner Schuck commented that if the wetland was allowed to be filled in, then the large dirt piled would most likely be used as fill. Commissioner Thompson questioned if the amount of townhomes on the site plan was accurate and asked what the setback requirements would be. Marty Campion, Campion Engineering Services Inc., 1800 Pioneer Creek Center, Maple Plain, explained the wetland impacts and setbacks. City Planner Licht stated City staff supports a front yard setback of 25 feet on two townhomes and the rest of the townhomes would have a minimum of a 30 feet setback as shown on the alternative site plan. Chair Black closed the Public Hearing at 7:24 PM. Commissioner Offerman asked if it would be possible to add a twelfth condition to the PUD and ask for an exterior color variation package. City Planner Licht said yes. Commissioner Thompson questioned on the revised plan how many units were on the cul-de-sac. Mr. Champion stated seven units. Commissioner Mord asked the dimensions of the unusual shape garage. Mr. Flynn stated 24 ft. X 26 ft. with the angled garage or 24 ft. X 24 ft. if not angled. Mr. Licht stated that the City only requires a 400 square ft. garage on detached townhomes so at 590 ft., this exceeds square footage standards. Commissioner Thomson motioned to recommend to the City Council approval of a PUD Development Stage Plan and preliminary plat for Windsong II subject to 11 conditions recommended in the Planning Report and: 12. The developer shall specify a minimum of four color packages for siding, trim, and shutters with no color package used for more than 30 percent of the exterior finish for the total number of dwelling units. Seconded by Commissioner Offerman. All in favor. Motion carried. 2 3 2 Vintage Golf Outlot A: A PUD Concept Plan for development of a 12 unit senior housing building. City Planner Licht presented the Planning Report. Chris Bulow, 11690 95th St, Otsego, representing the applicant, stated he had reviewed comments from neighbors, and Commissioners and that the potential owners are interested in proposing a senior housing building. Mr. Bulow agrees with and has no further comment on the planning report. Chair Black opened the Public Hearing at 7:47PM. Bruce Jean, 9721 Kahler Ave NE, Otsego, stated concerns that two trees shown on the concept plan would not be an adequate buffer to his property and he also questioned compliance of the proposed development with the Zoning Ordinance and safety of the neighborhood. Mr. Jean stated this building does not fit with the Comprehensive Plan and it was his understanding no building was allowed to be built after 2005. Bruce Larson, 10525 97th Street NE, Otsego, stated he lived east of the subject site. Mr. Larson had drainage and low land concerns and stated this building does not belong in the area. Linda Knutson, 10600 97th St NE, Otsego, stated she had drainage concerns, and was worried that her property value would decrease because of this building. She also was concerned if the building was not occupied, it would become apartments. Dan Peterson, 9791 Kahler Ave NE, Otsego, asked the City Planner to list in the planning report all conditions that the applicants needs to fulfill. Mr. Peterson also stated his drainage concerns. City Planner Licht read the recommended conditions outlined in the planning report. Mr. Bulow asked the City Planner how many sketch plan applications have all conditions included. City Planner Licht stated the intent is to have the developer provide a schematic of a proposed development to receive feedback on a general basis and acceptability of a use. Erin Brooks, 10520 97 St NE, Otsego, stated she wants to preserve the nice quiet neighborhood in Otsego and that this building would not be consistent with the Comprehensive Plan. Rhonda Dial, 9720 Kadler Ave NE, Otsego, stated her concerns that a two story building is not appropriate for senior living. Ms. Dial also stated that only a single family house would fit in the development. 3 Dwayne Kanzler, 9820 Kadler Ave NE, Otsego, is concerned about safety of seniors in this building if they would need emergency services and an event was being hosted by Vintage Golf Course blocking the entrance to the building. Mr. Kanzler stated he strongly opposes this application. Shelly Elleraas, 10084 Kahler Ave NE, Otsego, said she wants to see a single family home built on the property. Ms. Elleraas also stated her concerns with potential flooding problems. James Macheledt, 10383 Kahler Ave NE, Otsego, spoke on three concerns; why the outlot did not revert back to Vintage Golf in 2004, second is rezoning to a PUD, and third is compatibility of the proposed use. City Planner Licht reviewed the past history of this outlot. City Planner Licht also said that that the Planning Commission is asked whether the land use is appropriate for the area as would be allowed with a PUD District. Sean Flemming, 9760 Kadler Ave NE, Otsego, stated he did not buy property to look at 12 unit apartment building and that this building would cause a negative impact. Jeanette Stoddard, 10565 97 Ave NE, Otsego, stated she had a major concern about water drainage as she just installed a mound system on her property and is concerned about the effects this building might have on the new system. Troy Hanson, CFO for Guardian Angels, 508 Freeport Street, Elk River, stated that Guardian Angels is not involved in this project. Tom Brooks, 10520 97 St NE, Otsego, stated that the proposal is not consistent with the Comprehensive Plan and would impact a wetland. Dian Mullis, 10220 Kahler Ave NE, Otsego, said that a two level building is not for seniors and that this building would devalue the homes in the area. Cheryl Siirila, 9710 Kadler Ave NE, Otsego, said she had concerns about light pollution, senior drivers merging onto CSAH 39, and building a large two story apartment on wetlands. Dan Peterson, 9791 Kahler Ave NE, Otsego, questioned a relationship between Mr. Bulow and the new property owner. Dana Podoll, 10320 Kahler Ave NE, Otsego, questioned what the neighbors can do to stop this application. City Planner Licht stated that under State Statute and the Zoning Ordinance any property owner can make a proposal for land use on their property at any time and the City is required to act on that proposal. Il Commissioner Thompson asked whether the Planning. Commission finds the application favorable or unfavorable, does it still move to the City Council. City Planner Licht said that the recommendation of the Planning Commission would be considered by the City Council unless the developer withdraws the application. Commissioner Thompson questioned Mr. Jean on how many feet the applicant's building would be from his house. Mr. Jean stated 25 ft. City Planner Licht stated the proposed building is 43 ft. to the property line and 53 ft. between structures. Mr. Thompson asked how the City would inforce the condition to remain senior housing and not revert to subsidize housing. Mr. Licht said it would be imposed as a condition recorded with the PUD District. Commissioner Schuck asked how the City would enforce that zoning condition if it did change. City Planner Licht stated that the City would likely need to seek enforcement through the Courts. Mr. Schuck questioned if the building would remain empty. Mr. Licht said potentially yes. Commissioner Offerman summarized the public's concerns with the size and multiple levels of the building on this property and suggested a single level senior housing might be more appropriate for this location. James Macheledt, 10383 Kahler Ave NE, Otsego, questioned the five year stipulation of the condition on the outlot in 1999 to revert back to Vintage Golf in 2004. City Planner Licht stated that the property owner has the right to pursue development of the property and the City must consider it. Bruce Jean, 9721 Kahler Ave NE, Otsego, questioned how this outlot was transferred from Vintage Golf to the owner and stated that this building does not fit in the Comprehensive Plan for the neighborhood. City Planner Licht stated that the City has no knowledge and is unaware of how and when the transfer occurred except after the fact. Tim Barthelemy, 9874 Jansen Circle, Otsego, asked how the City responds to untruthful statements in letters for an application. City Planner Licht stated that the City is responding to the proposed land use not relying solely on the applicant's statements.. Dwayne Kanzler, 9820 Kadler Ave NE, Otsego asked if the current owner of Vintage Golf is aware of these conditions of this outlot. City Planner Licht said the current owner of Vintage Golf would have been made aware of the conditions of final plat approval and was also given notice of this public hearing. Mr. Bulow stated the lapse of the developer's agreement was an oversite of Vintage Golf, as well as an oversite of the City when they assessed that site as commercial. City Planner Licht stated it was not an oversite of the City to assess the property and the assessment. City Planner Licht also stated that the responsibility for the conditions of approval with falls to the developer and property owner. Mr. Bulow stated that an expressed increase of value to the property suggests the City acknowledges commercial use of the subject site. City Planner Licht said an assessment is not entitlement to development and that City Staff does not agree with such comments by Mr. Bulow. Mr. Bulow stated he did have conversations with Dan Fair from Guardian Angels regarding this proposal. Linda Knutson, 10600 97th St NE, Otsego, questioned why Mr. Bulow should get favorable treatment when he let the developer's agreement lapse. City Planner Licht said the City is obligated to consider all proposals for land use development under State Statute. Steven Ray 10390 Kahler Ave, Otsego, questioned why a senior living would not have handicap access. Mr. Bulow stated it did. Tom Brooks, 10520 97 St. NE, Otsego, stated Mr. Bulow wants to put a building on this lot. Dian Mullis, 10220 Kahler Ave NE, Otsego, stated that in a fire the elevator will not work. Russ Habel, 9994 Jansen Circle NE, Otsego, asked Mr. Bulow to show in the plan where the elevator was. Mr. Bulow indicated the elevator location on the proposed floor plan. Mr. Habel questioned if any senior services would be working on this project and is concerned that the building would become an apartment. Troy Hanson, CFO of Guardian Angels, stated again that Guardian Angels is not a participant in this project. Chair Black requested a short recess. Chair Black reconvened the meeting. Anthony Kuta, 9730 Kadler Ave NE, Otsego, stated his biggest concern is the proposal for a multiple family building. Toni Seroshek, 10410 Kahler Ave NE, Otsego, stated that this is an inappropriate land use for the neighborhood and that land developer is not trusted in their community. Ms. Seroschek also questioned why the City doesn't stop the applicant from continuing to propose new applications. Tom Brooks, 10520 97 St NE, Otsego, questioned if the Planning Commission can take this request to the City Council so the public does not have to keep coming to the public hearings. City Planner Licht stated that the recommendation of the Planning G Commission is provided to the City Council and that the City Council reviews the planning report and minutes of the public hearing. James Macheledt, 10383 Kahler Ave NE, Otsego, asked why the neighborhood does not have an opportunity to voice concerns to the City Council. City Planner Licht stated that the public hearing is held by the Planning Commission to establish the basis for a decision on land use applications Mr. Licht explained the City Council cannot take additional information outside the public hearing. Mr. Macheledt also asked to officially transfer this land back to Vintage Golf Course. City Planner Licht stated that the Planning Commission could state that condition, but it is the proposed land use that the Planning Commission and City Council is reviewing. Bernard Schaefbauer, 9910 Kahler Ave NE, Otsego, asked if the Planning Commissioners were going to make a recommendation to the City Council tonight. Chair Black stated that the Planning Commission has possible actions to consider. Chair Black closed the Public Hearing at 9:04PM. Commissioner Thompson stated we have no senior housing in Otsego and suggested a smaller multiple unit senior housing building may be appropriate. Commissioner Mord stated he has issues with the general compatibility of this site being so close to single family homes and that senior living should be more centrally located with services close by. Commissioner Schuck stated he did not think this is an appropriate land use at this location. Commissioner Offerman stated he does not believe that the proposed building would fit in that location but he could see a much smaller senior building on that site. Chair Black stated that this site is in a rural residential preserve and that the proposed use is not consistent with the intent of that area. Chair Black also had reservations about building a senior housing in a rural area not close to any amenities. Commissioner Schuck motioned to provide comment that the proposed concept plan is not consistent with the 2012 Comprehensive Plan for development within the Rural Residential Preserve. Seconded by Commissioner Mord. All in favor. Motion carried. 5 Update on City Council. actions. CM Darkenwald gave an update to the Commissioners on City Council actions. 7 6 Update on future Planning Commission Agenda items. City Planner Licht updated the Commissioners on future agenda items.. 7. Adjourn. Commissioner Schuck motioned to adjourn. Seconded by Commissioner Thompson. All in favor. Motion carried. Adjourned at 9:17PM. Pam Black, Chair Recorded by: Connie Schwecke, Administrative Assistant