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HomeMy WebLinkAboutFebruary 11, 2008 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 11, 2008 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: A. EP08-100 H & M Commercial Properties, LLC, are requesting to amend a conditional use permit allowing outdoor storage. The site is located at 17182 Adelmann Street SE, Suite 300. 6. Old Business: 7. New Business: A. Annual Code Enforcement Report B. Annual Variance Report. C. Dock Task Force Report. 8. Announcements and Correspondence: 9. Adjournment: L:I08 FILESI08 PLANNING COMMISSIONI08 PC AGENDASlAG021 108.DQC f . 1 k WWW.CItyopnorae.com Phone 952.447.9800 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, FEBRUAY 11, 2008 1. Call to Order: Chairman Lemke called the February 11, 2008, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke, Perez and Ringstad, Planning Director Jane Kansier, Planning Coordinator Danette Moore, Code Enforcement Officer Jesse Corrow and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Present Present 3. Approval of Minutes: The Minutes from the January 14, 2008, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. EP08-100 H & M Commercial Properties, LLC, is requesting to amend a conditional use permit allowing outdoor storage. The site is located at 17182 Adelmann Street SE, Suite 300. Planning Coordinator Danette Moore presented the Planning Report dated February 11, 2008, on file in the office ofthe City Planning Department. H & M Commercial Properties has applied to amend a Conditional Use Permit to alter the allowed outdoor storage on the site located at 17182 Adelmann Street, within the Deerfield Industrial Park. The property is zoned 1-1 (General Industrial). Outdoor Storage is permitted with a Conditional Use Permit in the 1-1 district, subject to six conditions. In April of 2005, the Greystone Construction Company was granted a Conditional Use Permit (CUP) to allow outdoor storage on the site located at 17182 Adelmann Street. The CUP allowed 24,989 square feet of outdoor storage for a landscaping and auto body repair establishment. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN02 I I08.doc 1 February 11, 2008 Planning Commission Minutes The applicant is requesting to modify the originally approved CUP allowing 24,989 square feet of outdoor storage for a landscaping and auto body repair establishment. While the auto body outdoor storage (northwest comer of site) area will remain unchanged, the landscaping outdoor storage area will be modified to incorporate an additional use of an industrial supplier. The industrial supplier typically serves as a supplies wholesaler to municipalities (paper towels, soaps, safety vests, etc). Collectively, the landscaper and industrial supplier businesses make up the H & M Commercial Properties LLC. The following items are proposed to be stored in the outdoor storage area: . 4-6 landscape trailers (variety of enclosed, bobcat, and/or flat bed trailers which will not exceed 10 ft in height), which is similar to previous landscaping operation on the site. . Landscaping materials (paver edger's, etc) which will not exceed the height of the six foot fence. . Landscape bunkers for loose supplies (rock, soil, wood, etc). . Pick-ups (3). . Refuse dumpster. . 2 semi-trailers. The semi-trailers are for storage and are exchanged out for identical trailers one to two times per year at the most (filled with a new load of paper towels, etc). The trailers are approximately 8 ft wide x 52 ft long and 8ft wide x 48 ft long. Neither trailer will exceed a height of 12'6 ft. . 1 box truck (noted on photos with the lettering stating "Zack's "). All other items utilized by the business will be stored within the building. Overall, staff believed the outdoor storage is consistent with the intent ofthe 1-1 use district provided conditions of approval are met. Based upon the findings set forth in the report, staff recommended approval of the Conditional Use Permit. In order to meet the above-listed criteria, the Planning staff recommended the following conditions: 1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval. 2. All vehicles within the outdoor storage area must be licensed and registered. 3. A sign permit application must be submitted to the City prior to the installation or alteration of any signage on the site. 4. All parking spaces located beyond the enclosed outside storage area shall be for customer and employee parking only. 5. All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met. Questions from Commissioners: Fleming asked what some of the concerns rose in 2005. Moore responded mostly visual concerns - what would be stored in the comer area and what the neighbors could see over the fence. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN021108.doc 2 February 11,2008 Planning Commission Minutes Comments from the Public: Curt Mandinec, a partner in H & M Commercial Properties, lived in Prior Lake for 11 years and has been in business for 14 years. His business has done well and wanted to move to Prior Lake. They are taking into consideration the neighbors' concerns. "Most of what you see on the property is what will remain on the property. There is no whole sale nor do they carry a lot of overhead. Much of what you see in the pictures are pavers and retaining wall blocks." Patio Town is one oftheir suppliers so they do not keep overhead on site. The equipment is kept neat and clean and feel it is a representation of the company to remain a clean company. Fleming asked Mandinec ifhe was comfortable the trailer height will not exceed the 12'6" fence height. Mandinec replied "Absolutely." Billington asked hours of operation. Mandinec responded in the summer it depends on the day, no later than 8:00 at night. In the winter time there is some activity - changing trucks. Not noisy. Keith Dahnert, 17440 Deerfield Drive, said there is an occasional bobcat running around in the morning but he doesn't have any complaints. It's a rare occasion. He understands there are existing trailers and hopes the new trailers will not become obtrusive. He wanted to speak on Prior Lake's processes (of notification). Just wondering ifthe notice could include the requested amended changes in the mailings. People wondered what the changes would be. Billington asked staff to point out Mr. Dahnert's home location on the overhead. Fleming asked staff if it was possible to include detailed information in the notice. Moore responded staff wants to make sure we are totally inclusive but with some of the CUP conditions are very detailed oriented, generally staff will make more of concerted effort. It will depend on the application. The public hearing was closed at 6:20 p.m. Comments from the Commissioners: Fleming: . The proposal is in order. . Only concern is the height of the trailer. Anything above 12.5' would be an issue for residents but everything seems to be in order. . Applicant worked in good faith and will meet the conditions in the CUP. . Support. Perez: . This is similar to what we've seen in the past. Very few changes. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN021108.doc 3 February 11, 2008 Planning Commission Minutes . Meets the Zoning Ordinance for outdoor storage and appears to meet the CUP requirements. . Support. Ringstad: . Will support as well. Everything seems to be in order. Billington: . This certainly falls within the perimeters of the Industrial Zoning without question. It is a reasonable use. . Support staffs recommendation. Lemke: . The industrial site is set up for this. Really once or twice a year to change out a trailer is very minimal compared to what you could have. . Support staff and agree with the outdoor storage requirements. MOTION BY BILLINGTON, SECOND BY FLEMING, TO APPROVE RESOLUTION 08-04PC AMENDING THE CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE I-I ZONING DISTRICT SUBJECT TO THE LISTED CONDITIONS. Vote taken ayes by all. MOTION CARRIED. Lemke explained the appeal process. 6. Old Business: None 7. New Business: A. Annual Code Enforcement Report Code Enforcement Officer Jesse Corrow presented the Planning Report dated February 12,2008, on file in the office of the City Planning Department. This report consists of a year-end summary of the total number of complaints and code violations in order to provide the Planning Commission with insight that may be useful in evaluating current resident concerns and future regulatory decisions. A great majority of City residents have pride in their neighborhoods and community. They feel an obligation to maintain a neat appearance on their respective properties, as well as a concern, that adjoining properties do the same. The City of Prior Lake received one hundred eighty-eight (188) complaints in 2007 for an increase of forty-three percent (43%) compared to the one hundred thirty-two (132) complaints in 2006. Complaints regarding the Outdoor storage of junk along with L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN0211 08.doc 4 February 11,2008 Planning Commission Minutes vehicles parked in the required yard area topped the list of confirmed Code violations at twenty-nine (29) apiece. Right Of Way violations including obstructing the public access to sidewalks and streets totaled twenty (20), followed by eighteen (18) violations for the outdoor storage of Junk Vehicles. Other violations, such as Public Nuisances (16), overgrown Grass & Weeds (13), prohibited Signage (12), Animal Control (11) and Permit violations (10) were common throughout the year. The remaining sixteen violations are as follows; seven (7) related to Refuse & Garbage, five (5) Conditional Use violations and four (4) Residential Use violations. It should also be noted that fourteen (14) additional complaints were received and were determined to be invalid upon inspection. The City received four (4) complaints for code violations in the Shoreland District and included filling and grading work without permits. Three (3) of which were handled by staff and one (1) was given directly to the MN DNR. As ofthe date of this report, one hundred sixty-five (165) complaint cases have been closed by either meeting compliance or being deemed invalid. The remaining thirteen (13) cases are pending active investigations and/or Conditional Use Amendments. Several of the pending cases will not be concluded until spring. Comments from the Commissioners: Lemke questioned how many election signs were in the right-of-way. Corrow responded there would be a lot more in the report ifhe included all the election signs that were in violation. Ringstad asked Corrow ifhe takes out annoying advertising signs clearly in violation. Corrow explained the process - if the sign is an immediate traffic hazard he would remove it immediately. Otherwise, there is a space reserved out at the maintenance center where people can pick up their signs (within 2 weeks.) Perez asked if any of the outdoor storage complaints came from the Deerfield fudustrial Park. Corrow said "One." It was taken care of. Lemke asked if it is a violation if a dump load of landscaping material was left on the street for a few hours or overnight. Corrow said he would talk to the contractor. It depends on the situation. We would not want to see it overnight. There have been a few incidents where the sand has blocked half the street. Ringstad - Just curious - if it blocks the street overnight - do you have the power to issue a citation that imposes a money fine? What is the process when compliance is continually ignored? Corrow responded it is a citable offense and explained the process for court action. Kansier added if it was an immediate concern staff could contact City Public Works and have it removed and charge the homeowner. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN02 I 108.doc 5 February 11,2008 Planning Commission Minutes Billington questioned the 43% increase of vehicles parked in yards or storage of junk. Corrow also several of the violations carry multiple offenses. Vehicles parked in the yard could also be junk vehicles. Corrow tends to just could those violations as one. MOTION BY RINGSTAD, SECOND BY FLEMING, ACCEPTING THE REPORT AND DIRECTING IT TO THE CITY COUNCIL FOR INFORMATION. Vote taken indicated ayes by all. MOTION CARRIED. B. Annual Variance Report. Planning Director Jane Kansier presented the 2007 Variance Summary Planning Report dated February 11,2008, on file in the office ofthe City Planning Department. This report provides the Planning Commission with information regarding the 2007 variance activity. It is intended to give the Commission information that will be useful in evaluating future variance requests, and in evaluating the need for ordinance revisions. Kansier explained the three applications requests submitted during 2007 with 18 requests. Seventeen requests were approved - 1 denied. Two of the applicants appealed the Planning Commission's decisions to the City Council. At this time the City Council upheld one of the appeals. The second is scheduled to go before the City Council on February 19th. The 2007 variance requests are comparable to requests made in the previous 5 years. The majority of the variances were requested to make improvements to existing single family dwellings in required front and side yards. The applications with the largest number of requests were for additions and alterations on nonconforming lots. The decline of the requests probably has more to do with the housing market than anything. The staff continues to work with applicants to reduce the number of variance requests by reviewing submitted documents and eliminating requests through plan redesign when possible. The variance requests in front of the Commissioners are because staff could not find a way to make it fit without a variance. Kansier feels the Commission will continue to see the same kind of variance requests. Kansier said staff looks for patterns or indications that if we were issuing variances to one thing all the time we should look at changing that, however that did not happen. The Council did adopt an amendment to the City Code last year pertaining to a part of the building code that have common variances and are making some adjustments to administer. Comments from the Commissioners: Perez asked staff if they discuss precedence with applicants as to what the Planning Commission approved in the past to help guide their decision i.e.; a typical request for L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN021108.doc 6 February 11, 2008 Planning Commission Minutes impervious surface. Kansier replied they did and went on to explain what staffs recommendation would be and what the Planning Commission typically looks at. MOTION BY BILLINGTON, SECOND BY PEREZ, ACCEPTING THE 2007 REPORT AND FORWARDING IT TO THE CITY COUNCIL. Vote taken indicated ayes by all. MOTION CARRIED. Kansier noted both summary reports will go before the City Council at their next meeting. C. Dock Task Force Report. Planning Director Jane Kansier presented the Planning Report dated February 11,2008, on file in the office of the City Planning Department. The City Council created a Dock Task Force in September, 2007, consisting of two members of the Planning Commission (Alan Billington and Dan Ringstad) and two members of the Lake Advisory Committee (Harry Alcorn and Dan O'Keefe). The purpose of the Task Force was twofold: 1) Draft a policy regarding dock placement for noncommercial property, and 2) Consider how the language regarding marinas might be clarified for enforcement purposes. The Task Force met three times over the last four months to discuss this issue. The policy, as drafted, is intended to be advisory, rather than regulatory. It is not enforceable by the City. The policy is also intended to be general enough to address most but not all circumstances. The basic premise is one riparian property owner may not infringe on the rights of another. It establishes a dock setback of 5 feet from the side lot line, measured at the ordinary high water elevation. It also restates the current Zoning Ordinance requirement that boat lifts and rail systems must be located at least 10' from a side lot line. If this same setback is applied on the lake side of the lot, it means the lift would have to be located away from the side lot line, but a moored boat could actually project over the extended lot line. This setback attempts to assure the dock itself does not cross over the extended lot line. With some of the narrow and pie-shaped lots around the lake, this may be the best that can be hoped for. Any dock for more than six boats requires a DNR permit. The good news is this does provide a maximum number of watercraft per dock. The bad news is that it does not limit the number of docks per property, so a property owner could install multiple docks. Finally, the policy does not limit watercraft on private docks to those owned by the property owner, so ifthis policy is read alone, without the Zoning Ordinance or DNR L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN0211 08.doc 7 February 11, 2008 Planning Commission Minutes rules, it may appear that mooring boats owned by others, or renting mooring space at single docks is permissible. The Task Force concluded the best way to try to manage the rental issue, at least initially, would be through an educational process. We can use the Wavelength, the City website and other resources to advise dock owners that renting dock space is considered a commercial use and would require a permit from the DNR and the City. Comments from the Commissioners: Perez - Why not limit of the number of docks on the property? Kansier explained the task force felt if a person had a larger shoreline, why not be able to put more docks in? Perez - Were there any comments from the City Council on the draft? Kansier said the Council really didn't recommend any changes at the workshop. They asked the same questions we struggled with on the task force and listened to the conclusions. Lemke thanked Commissioners Billington and Ringstad for their services on the task force and asked if they wanted to add any comments. Ringstad said the whole process felt like an exercise in futility. First to answer Perez's question, why didn't we have a limitation on the number of docks? The bottom line is unfortunately this is a policy not an ordinance and unenforceable. It is also the same questions the Planning Department has received over the past several years with neighbors feuding over dock placement location. In many cases it's whoever the first one out with their dock is the winner. Those things are still going to occur. But now we have a policy they can refer to. The brutal reality is it's not enforceable. But it's a start. Ringstad said it was nice to work with staff, Commissioner Billington and the LAC along the process. Perez as far as the process - Would we want public input at some point? Some kind of workshop or open house? Kansier said it is wide open at this point. Fleming wanted to point out a minor change above the first bullet. Lemke said he was not sure what more public input would help. Billington - I think the key is communication with the public and people understand what the policy is. Make sure the news is out. Lemke - If two neighbors want to place their boatlifts side by side on the property line to maximum their beach, are they technically in violation? Kansier said they would be in violation and could apply for a variance because it is part of the Zoning Ordinance. Lemke - Is someone going around with a tape measure to regulate these? Kansier responded we don't have any dock police. The only boat the City owns is a canoe. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN021108.doc 8 February 11,2008 Planning Commission Minutes Lemke since we are on uncharted water here I am going to assume we are recommending the policy and will forward this on to the City Council. 8. Announcements and Correspondence: None 9. Adjournment: The meeting adjourned at 6:50 p.m. Connie Carlson Recording Secretary L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN02ll 08.doc 9 PUBLIC HEARING Conducted by the Planning Commission \ il dOV6 The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT L:\DEPTWORK\BLANKFRM\PHSIGNUP .doc