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HomeMy WebLinkAboutJune 24, 1996 REGULAR PLANNING COMMISSION AGENDA MONDAY, June 24, 1996 7:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: Consent Agenda: Resolution Approval - Dave Smith Variance Michael and Kathleen Sorenson Variance 4. Public Hearings: A. HOUSING IMPLEMENTATION PLAN 5. Old Business: A. AMENDMENT TO PARK DEDICATION REQUIREMENTS OF THE SUBDIVISION ORDINANCE. B. CASE #96-045 PRELIMINARY PLAT PROPOSING A 28 LOT, SINGLE F AMIL Y DEVELOPMENT TO BE KNOWN AS "MAPLE HILL SECOND ADDITION" A 11.5 ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42 AND NORTH OF THE DEVELOPMENT KNOWN AS "KNOB HILL". 6. New Business: 7. Announcements and Correspondence: 8. Adjournment: 16200 e~e~eek Ave. S.E., Prior Lake, Minnesota~!1372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES ~. gJ ~. . J' . JUNE 10, 1996 ~(...{'1 r J The June 10, 1996, Planning Commission Meeting was called to order by Vice Chair Criego at 7:01 p.m. Those present were Commissioners Criego, Loftus, Wuellner and V oOOof, City Planner Don Rye, Park and Recreation Director, Paul Hokeness and Recording Secretary Connie Carlson. ROLL CALL: Criego Wuellner V oOOof Loftus Kuykendall Present Present Present Present Absent APPROVAL OF MINUTES: MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE THE MAY 28, 1996, MINUTES AS WRITTEN. Vote taken signified ayes by Criego, Wuellner, VoOOofand Loftus. MOTION PASSED. Public Hearings: AMENDMENT TO PARK DEDICATION REQUIREMENTS OF THE SUBDIVISION ORDINANCE. The hearing was open and a sign-up sheet was circulated to the public. Director of Parks, Paul Hokeness presented information from the Planning Report dated June 10, 1996. A summation of his report is as follows: The purpose of the Amendment was to consider changes to the Park Dedication Ordinance Chapter 6, Section 6-6-8 of the Subdivision Ordinance. This Amendment would do the following: . Establish a schedule of dedication credit from 0-100% of the required 10% park dedication based upon the characteristics of the land to be dedicated. . Require developers to grade, provide topsoil, and establish turf on dedicated lands. . Reserve the right of the City to accept or reject land for park purposes based upon the expected cost of making such lands useable for public purposes. Hokeness explained the current Park Dedication Ordinance and what it allows the developer to do. The City's current need is for land which can be developed into active recreation and athletic facilities. The athletic fields are at full capacity. P.L.A.Y. and MN06I096.DOC PAGEt Prior Lake Soccer participation is increasing and the City is not able to meet the current demands. Therefore, participation will have to be limited. Other issues discussed were trails, playgrounds, condition of park land, wetlands and woods. Comments from the public: Tom Foster, 5795 Shannon Trail SE, felt Mr. Hokeness did an excellent presentation of the concerns of the residents and of what developers have or have not experienced in the past. Mr. Foster is in favor of the proposal and said the developers should have additional infonnation guidelines for the City's parks. The public hearing was closed by Commissioner Criego. Comments from Commissioners: Loftus: . Likes the concept and is supportive of the amendment. . Agrees with the total scheme of land characteristics and dedication credit. . Could raise definition of "unstable land" to a 75% credit. The definitions could be a little more defmed. Hokeness said he could change it. V onhof: . Interesting and enlightening to see this drawn up focusing on uses and potential uses of the land. It is good to know when the Commissioners look at developments. . What is a minimum park size acceptable to be useful? Hokeness responded 5 acres was good for a neighborhood park - playground, ball fields, picnic shelter, and parking space. . Hokeness stated he would like to see 6 acres and put parking lots in the neighborhoods. Parking is a problem in the community. . N.U.R.P. ponds and wetlands have been taken out of park dedications. . Developers responsible for grading - Hokeness said other communities do this. Once the developers are in tune to do this, it is easier when they are out developing and grading to complete the trails. It would be easier to grade trails and put the black top in before the homes are built. . Cash in lieu of the land is based on $13,000 per acre. It is based on gross acreage. Wuellner: . The unstable land with poor soils is a contradiction in Section B (of the Amendment.) Hokeness explained the conversion of the land characteristics vs. the dedication credits. . Clarify statements for developers. MN06I096.DOC PAGE 2 Criego: . Agrees with Commissioners. . Rye said setting standards like that, by definition is going to be arbitrary to some extent. The City will never have a formula to pin it down exactly. Some properties will have more value, others will need work. The more work a property needs, the less value it is to the park system. This establish a relative system of perfectly suitable land to perfectly unsuitable. Not subject to much attack. . If the developer makes the land developable he should get 100% credit. . Virgin woods would have a high value. . Hokeness stated the number one priority right now is to have flat lands. . Change B to go up to a higher category. Change wording of land characteristics. Loftus: . Retrofitting unstable land. There can be misunderstandings between the City and developer. We need to get a strong understanding. Move percentages closer. MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND ADOPTION OF PROPOSED AMENDMENTS TO CHAPTER 6, SECTION 6-6-8, AS PRESENTED, WITH TWO ADDITIONS INCLUDING NOT ACCEPTING N.U.R.P. PONDS, WATER RETENTION AREAS FOR PARK DEDICATION AND REVISING THE UNSTABLE LAND AND POOR SOIL CONDITIONS SECTION. Discussion: Suppprt changes. Vote taken signified ayes by V o 000 f, Wuellner, Loftus and Criego. MOTION PASSED. CASE #96-044 PUBLIC HEARING TO CONSIDER A REQUEST BY KAREN L. AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE PRIOR LAKE CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE TO MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE IN THE B2- COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS ARE INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY LOCATED AT 4730 DAKOTA STREET WHICH IS ZONED B2-COMMUNITY BUSINESS. The hearing was open to the public and a sign-up sheet was circulated to the audience. Director of Planning, Don Rye, presented the information from the Staff Report dated June 10, 1996. Recommendation to City Council is to approve the proposed Ordinance amending the B-2 District to allow day care centers as permitted uses. Comments from the public: Karen Fisher and Ed Fisher, and supported parents were present. (10 letters of support were sent to the City). The Fishers are requesting daycare/pre-school facilities added to MN061096.DOC PAGEl the permitted uses in the B-2 district. Mrs. Fisher said they brought the proposal forward because they felt it would fit easily into the Ordinance. The operation has been successful in town for almost 3 years. There is not a concern for high visibility. They currently have a waiting list. Cathy F ealy, 18246 Country Squire, stated Little Lakers is the best daycare facility her children have ever been in. She is impressed with the quality of daycare in the community. Dave Monson, 2891 Center, felt it is a great school. His child is on a waiting list to get m. Cheryl Hennen, 4680 Tower Street SE, is in support of the daycare. Janine Alcorn, 14283 Shady Beach Trail NE, has 3 four year olds and feels Little Lakers is a great place. It will help down town Prior Lake. Vice Chair Criego closed the public hearing. Loftus: . Supportive. Wuellner: . Agrees. V onhof: . Should be a permitted use. . Does not see a problem with the related traffic. Criego: . Supportive. . Is a very valuable asset to the community. MOTION BY LOFTUS, SECOND BY WUELLNER, RECOMMEND TO CITY COUNCIL TO ACT IN FAVOR OF AMENDING THE ORDINANCE TO INCLUDE DA YCAREIPRESCHOOLS AS A PERMITTED USE IN THE B-2 ZONING DISTRICT. Votes taken signified ayes by Loftus, Wuellner, Loftus and Criego. MOTION PASSED. The public hearing was closed. CASE #96-045 PRELIMINARY PLAT PROPOSING A 28 LOT, SINGLE FAMILY DEVELOPMENT TO BE KNOWN AS "MAPLE HILL SECOND ADDITION" A 11.5 MN06I096.00c PAGE4 ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42 AND NORTH OF THE DEVELOPMENT KNOWN AS "KNOB HILL". Planning Director Don Rye explained the applicant and neighboring property owner are getting together to submit a joint application. They will modify the plan and make it consistent with the Knob Hill development MOTION BY LOFTUS, SECOND BY WUELLNER, TO TABLE THE MATTER. Vote taken signified ayes by Loftus, Wuellner, Vonhofand Criego. MOTION CARRIED. The public hearing was closed. A recess was called at 8:01 p.m. The meeting reconvened at 8:08 p.m. CASE #96-027 HEARING FOR A VARIANCE REQUEST FROM COOPERATIVE POWER COMPANY FOR A VARIANCE FROM SECTION 5.1 OF THE ZONING ORDINANCE TO PERMIT THE INSTALLATION OF POLES TO SERVE AN ELECTRICAL SUBSTATION, SAID POLES TO HAVE A HEIGHT OF 70 FEET INSTEAD OF THE PERMITTED 35 FEET ON PROPERTY LOCATED IN THE B 1- LIMITED BUSINESS ZONING DISTRICT. Planning Director Don Rye turned the presentation over to Mr. Will Kaul, the Director of Transmission and Environmental Services for Cooperative Power Company. Mr. Gene Ernst, landscaper for the project, presented illustrations and explained the design and tree development for the proposed landscaping. The land owner on Timothy Avenue agreed to let the applicant plant Black Hills Spruce trees on his property to help shield the towers. Comments from Commissioners: V onhof: . Mr. Ernst explained the planting line along County 42 and Timothy Avenue. . Me! Hentges of Minnesota Valley Electric Coop explained the underground feeders. . Inserting slats on fence may not be effective but screening is a concern. . Mr. Hentges said there would not be a problem to put slats on the south side. . Rye does not feel the slats would work welL It is a maintenance problem. It can be more of a visual problem. . Mr. Kaul stated it is a problem not being able to see through the fence. Loftus: . Likes the improvements on the schematic plan. MN06I096.DOC PAGES . Berming an option? Mr. Ernst said the grades would not work. Wuellner: . The applicant has done a good job proposing an acceptable screen. Supportive. Criego: . Mr. Ernst explained the winter landscape scene. Salt is a problem for the trees. Once an evergreen is damaged it will not come back. . Possibility of putting a vine on the south fence? Mr. Ernst said there would not be enough irrigation. Mr. Kaul said they have strict regulations to follow with screens. MOTION BY LOFTUS, SECOND BY WUELLNER, TO ACT FA VORABL YON THE REQUEST FOR VARIANCE AND ADOPT RESOLUTION 96-19PC. Discussion: Some type of screen should be on the fence; It will take a long time for the trees to mature; Maintenance has not been a problem on this site; The substation has been there for 30 years; Possible tennis court green screening; and a vine will not work. Vote taken signified ayes by Criego, Wuellner, Loftus, nay by Vonhof. MOTION CARRIED. CASE #96-040 VARIANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET INSTEAD OF THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN A IT ACHED GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED AS 2590 SPRING LAKE ROAD. Don Rye presented the information from the Planning Report dated June 10, 1996. Staff recommendation is to deny the application due to the lack of demonstrated hardship. Applicant has legal alternatives to construct the additional garage. Comments from the public: Dave Smith, 2590 Spring Lake Road, said he bought the property in March. It was a HUD home and Mr. Smith has spent $13,000 remodeling the interior. He re-roofed the home, fixed up the yard and would like to add a garage and brick the front. Mr. Smith feels he is enhancing the property. He will go with a smaller 24 x 26 foot garage and ask for a 18 foot front yard setback variance. Vice Chair Criego entered a letter of opposition from his neighbor, Roger Gaustad. MN06I096.DOC PAGE 6 Comments from Commissioners: Criego: . Impervious surface is not an issue. . Applicant has improved the property and supports the request. Loftus: . It seems like a lot of garage. (Applicant explained proposal.) . The neighbor feels there has been encroaching on his property. . Suggested to build a smaller garage. V onhof: . Asked Mr. Smith if it was his abandon property on the neighbor's lot. Smith stated it was not. It was there when he bought the property and he would like it cleaned up as well. . The 5' side yard setback is not an issue. . All of the neighbors' house site lines are the same. No objection to the front setback. . Cannot approve the back yard setback. Wuellner: . The overhang is permitted. The construction proposal meets the city requirements. . Not supportive of backyard setback. Applicant does not need to go past the rear of the house. . Applicant does have limited options. Justified the 5' side yard. . Supportive of front yard setback. Criego: . Supportive of front and not back yard setback. MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET RECOGNIZING THE FOUR VARIANCE HARDSHIP CRITERIA HAVE BEEN MET. Discussion: Direct staff to prepare a Resolution for the motion. Applicant does not need the additional requested variance. Vote taken signified ayes by Vonhof, Loftus, Wuellner and Criego. MOTION CARRIED. CASE #96-048 VARIANCE REQUEST BY MICHAEL AND KATHLEEN SORENSON FOR A 10 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 15 FEET INSTEAD OF THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A DECK AND SCREENED PORCH; ON PROPERTY MN06I096.DOC PAGE 7 LOCATED IN THE R1-SUBURBAN RESIDENTIAL DISTRICT AND THE SD- SHORELAND OVERLAY DISTRICT IDENTIFIED AS 16351 ALBANY AVENUE. Planning Director Don Rye presented the information from the Planning Report. Staff concluded the Ordinance hardship criteria had not been met and recommended denial of the variance request. Comments from the public: Michael and Kathleen Sorenson, 16351 Albany Avenue, distributed handouts and pictures of their home. Mrs. Sorenson explained the existing deck is rotting and would like to replace it with a new deck and screened porch. She further explained the complications with the existing home and small lot. The Sorensons are doing an overall improvement to their home and are working hard to enhance their property. Jim Cates, 16390 Albany Avenue, explained the house was built in Spring Lake Township after WWII. The townships did not have setbacks or specific ordinances until the early 1960's. No one in the neighborhood objects to the development. He feels the Sorensons did a great job remodeling the rest of the house and would like to see them continue the improvements. Comments from the Commissioners: Wuellner: . The applicants lived in the house 14 years and did not create the problem. . The setback would run through the middle of his home. . The impact of building a new deck and porch is a reasonable proposal. It is a small substandard lot and have very limited options. . Supportive of request. V onhof: . Nice improvements to home. . Agrees with Wuellner. It is not a further encroachment on the existing structure. . The lot is unique and substandard. Hardship criteria has been met. . Supports proposal. Loftus: . Concurs with previous comments. Criego: . The garage was part of the original house. . The screened portion be attached to the house. The screened porch is 12' x 14'. . Impervious surface is not a problem. MN06t096.DOC PAGES . There is an alternative for a deck. The roof line may not match as far as the screened porch but they could meet the front yard setback. Open Discussion: Applicant is not encroaching to the road. Factor in the history back to 1956 under a different unit of government. The applicant is trying to make the home look pleasing. It is a unique piece of property on a comer and it is substandard lot. There is a natural hardship. The lot has a very reduced envelope. This is replacing an existing deck. MOTION BY WUELLNER, SECOND BY VONHOF, TO ACT FA VORABL Y ON A 15 FOOT FRONT YARD SETBACK INSTEAD OF A 25 FOOT SETBACK. RATIONALE BEING IT IS A SUBSTANDARD LOT AND APPLICANTS ARE REPLACING AN EXISTING STRUCTURE. DIRECT STAFF TO DRAFT A RESOLUTION. Votes taken signified ayes by Wuellner, Vonhof, Loftus and Creigo. MOTION CARRIED. New Business: The new Planning Commissioner is Tony Stamson. Commissioner Loftus' last meeting will be June 24, 1996. The Comprehensive Plan has been approved by the Metropolitan Council. MOTION BY LOFTUS, SECOND BY WUELLNER, TO ADJOURN THE MEETING. Vote taken signified ayes by Loftus, Wuellner, Vonhofand Criego. MOTION CARRIED. The meeting adjourned at 9:50 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary MN06I096.DOC PAGE 9 RESOLUTION 9622PC A RESOLUTIONAPPROVING A REQUEST FOR THE FOLLOWING VARIANCE 1. AN 18 FOOT VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; ALL RELATED TO A PROPOSAL TO CONSTRUCT A GARAGE ON PROPERTY LOCATED AT 2590 SPRING LAKE ROAD. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. David Smith has applied for a variance from Section 9 of the Zoning Ordinance in order to permit the construction of an attached garage on property located in the Rl-Suburban Residential zoning district and the SD- Shoreland District at the following location, to wit; 2950 Spring Lake Road, legally described as Lots 27 and 28, BUTTERNUT BEACH, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variance as contained in Case 96-040V A and held a hearing thereon on June 10, 1996. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request meets the Ordinance criteria, in that reasonable use of the property cannot be made without the requested variance. 5. The granting of the variances is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances would not serve merely as a convenience to the applicant but is necessary to alleviate demonstrable haedship. 16200 ~~1~~~(P}\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4li7-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. The contents of Planning Case 96-040V A are hereby entered into and made a part of the public record and the record of decision for this case CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the requested variance. Adopted by the Board of Adjustment on June24, 1996. Richard Kuykendall, Chair ATTEST: Donald R. Rye, Planning Director 9622PC.DOC/DR 2 RESOLUTION 9623PC A RESOLUTION APPROVING A REQUEST FOR A 10 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 15 FEET INSTEAD OF THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A DECK AND PORCH ON THE PROPERTY LOCATED AT 16351 ALBANY AVENUE SE. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Michael andKathleen Sorenson haves applied for a variance from Section 4 of the Zoning Ordinance in order to permit the construction of a deck and screened porch on property located in the Rl-Suburban Residential zoning district and the SD-Shoreland District at the following location, to wit; 16351 Albany Ave. SE., legally described on the attached copy of survey, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for variance as contained in Case 96-048V A and held a hearing thereon on June 10, 1996. 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variances on the Comprehensive Plan. 4. The request meets the Ordinance criteria, in that the lot is substandard in area and a reasonable use of the property cannot be made without a variance. 5. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance would not serve merely as a convenience to the applicant, but are not necessary to alleviate demonstrable hardship. 7. The contents of Planning Case 96-048V A are hereby entered into and made a part of the public record and the record of decision for this case CONCLUSION 16200 ~~~~~(PJ\ve. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r Based upon the Findings set forth above, the Board of Adjustment hereby approves the requested variance. Adopted by the Board of Adjustment on June 24, 1996. Richard Kuykendall, Chair ATTEST: Donald R. Rye, Planning Director 9623PC.DOCIDR 2 PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: 4A HOUSING IMPLEMENTATION PLAN DONALD RYE, PLANNING DIRECTOR _x_ YES _NO-N/A JUNE 24, 1996 INTRODUCTION: In late 1995, the City opted to participate in the Livable Communities program through the Metropolitan Council. As part of that participation, the City adopted certain goals related to provision of housing for low and moderate income families. In January of this year, the City submitted its' Comprehensive Plan to the Metropolitan Council for its review. In that plan, the City indicated that the Housing Implementation section would be submitted to the Metropolitan Council as a plan amendment by June 30, 1996 and that the amendment was intended to address both the plan implementation requirements of the Land Planning Act and the goals of the Livable Communities program. The attached Implementation section is intended to respond to both needs. DISCUSSION: This document is intended to provide a list of detailed Action Steps the City intends to take in order to achieve the Housing goals, objectives and policies contained in the Comprehensive Plan. Some of these actions are readily achievable in the short term while others will not be realized for years to come. The plan specifies time frames for achieving objectives where possible. ".. This plan is somewhat unique as it provides for a cooperative relationship between the Scott County HRA and the City. The HRA work program for the next 5 years is referenced in the City Plan because it represents a significant effort toward the accomplishment of Livable Communities goals. Ultimately, the ability of the City to achieve all of the housing goals will depend on a wide variety of factors, of which subsidized housing is only one. To a great degree, the City is dependent on market trends to achieve the desired types of housing in the community and it is well-recognized that the City has a limited ability to affect these market forces. In addition to the County HRA programs, the most significant action suggested by this plan amendment is the amendment of the City's zoning and subdivision ordinances, as it is these regulatory measures which will have the greatest impact on housing quality and type in the future. 16200 E~gwfM~R9fJl?~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: 1. The Planning Commission can recommend adoption of the plan amendment as proposed. 2. The Planning Commission can recommend adoption of the plan amendment with specified modifications. 3. The Planning Commission can recommend denial of the proposed plan amendment. RECOMMENDATION: It is recommended that the Planning Commission follow Alternative 1. ACTION REQUIRED: Motion to adopt attached resolution. PCHRNGHS.DOCIDR 2 RESOLUTION NO. 95-39PC A RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN 1995- 2010 FOR THE CITY OF PRIOR LAKE PURSUANT TO MINNESOTA STATUTES 462.351 TO 462.364 WHEREAS, the City Council of the City of Prior Lake adopted the Comprehensive Plan of the City of Prior Lake on August 17, 1981 and subsequent amendments to said plan, and WHEREAS, changing conditions and legal requirements created the need for modifications to the Comprehensive Plan for it to be responsive to new development trends and community policy, and WHEREAS, the City utilized staff and consultant resources to prepare an updated version of the Comprehensive Plan for consideration by the Planning Commission, and WHEREAS, the adoption of the Comprehensive Plan 1995-2010 will insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities and will promote the public health, safety and general welfare, and WHEREAS, said plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan 1995-2010 has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan 1995-2010 is to be periodically reviewed by the Planning Commission of the City of Prior Lake and amendments made, if justified according to procedures, rules and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and 16200 J!>g~r~e}1~Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER WHEREAS, the Planning Commission has comprehensively studied the Comprehensive Plan 1995-2010 and has conducted public hearings on the Plan on November 27,28 and 29, 1995 following publication of notice as required by Minnesota Statutes 462.355, Subd. 2 to determine the need for the Plan and its effect on the community, and WHEREAS, the City Council duly adopted the Comprehensive Plan on December 18, 1995, subject to review and approval by the Metropolitan Council, and WHEREAS, the Metropolitan Council approved the Comprehensive Plan 1995- 2010 on June 13, 1996, and WHEREAS, it is necessary to amend the Housing element of the Comprehensive Plan 1995-2010 to add a Housing Implementation section in compliance with Livable Communities program guidelines and Land Planning Act requirements, NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Prior Lake that the Comprehensive Plan 1995-2010 is hereby recommended to be amended by the City Council by adding the Implementation section referenced herein and attached to, and made a part of, this resolution. Adopted by the Planning Commission June 24, 1996. Richard Kuykendall, Chairman ATTEST: Donald R. Rye, Planning Director Document3/DR 2 PARK DEDICATION A The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate to the public or preserve for conservation purposes or for public use as parks, playgrounds, trails, or public open space a reasonable portion of the subdivided lanq. The city has determined the land dedication requirement to be equivalent to ten percent (10%) of the gross area of a subdivision. The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule: DEDICATION SCHEDULE Land Characteristic Dedication Credit Dry upland with undisturbed topsoil and slopes not exceeding 10%. 100% =~~:I;.a;((~tltll:~- Unstable land with poor soils and slopes not exceeding 50% 10%. Vrrgin woods with slopes less than 10%. 50% Virgin woods with slopes which are greater than 25% 10%. Dry upland with undisturbed topsoil and 25% slopes of 10-20% ..iili.lilifliiii;:iiiiat B Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds, trails, or public open space. The City shall determine the final condition of the land which is to be dedicated and the Developer shall be responsible for grading, topsoil, and turf establishment unless otherwise directed by the City Manager or hislher designee. The CitY shall provide the Developer with grading plans for the dedicated park and trails and will also provide specifications for topsoil and turf grass. PARKDED.DOC The City further reserves the right not to accept land which in its discretion is not useable for the aforedescribed purposes, does not provide park facilities in the locations set forth in the City's Comprehensive Plan, or land which would require extensive expenditures on the part of the public to make them useable. C At the City's option, the subdivider shall contribute an equivalent amount in cash, or cash and land, in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to paragraph (A) above. The cash amount shall be based on the fair market value of the land reasonably required to be dedicated, with said value being determined no later than at the time of final plat approval. D Whenever the term "dedicate" is used in this section, it shall mean a dedication to the City of land or cash, or both, whichever the City, at its option, shall require. The dedication shall be made to and received by the City prior to the City's release of the final plat. E In instances where cash is required in lieu of land, payments as required by this Ordinance shall be made prior to the City Manager releasing the final plat to the subdivider. The cash portion of the calculation shall be made as follows: 10% of the value of the land per acre as determined by the City times the gross acreage of the plat. (Ord. 87-10) F Where the owner provides in the subdivision for the public use neighborhood park amenities such as, but not limited to, tennis courts, ball fields, play equipment, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash 'contribution in lieu of such dedication by an amount equivalent to the documented cost of the facilities provided. Amenities which are provided by the developer must meet the specifications of the City and other standards as the City may require. If this provision applies the City shall determine the value of the amenity and adjust the dedication to reflect said value. G Prior to the dedication or preservation of such land for public use, or both, the subdivider shall deliver to the City an opinion addressed to the City and in a form the City may rely upon and acceptable to the City Attorney, as to the condition of the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the City Attorney insuring the required public interest in the preservation or dedication therein. H Immediately upon filing of the final plat or other appropriate subdivision documents, the subdivider shall file for recording all easements, deeds or other conveyances of property required as a condition to the subdivision plat approval and provide evidence of filing to the City. No building permits shall be issued to any lot or parcel in said plat until all such documents have been executed and filed. 6/3/96 PARKDED.DOC PLANNING REPORT AGENDA ITEM: SUBJECT: 5. B CONSIDER APPROVAL OF PRELIMINARY PLAT FOR MAPLE HILL SECOND ADDITION DONALD RYE, PLANNING DIRECTOR _X_ YES _NO-N/A JUNE 24, 1996 PRESENTER: PUBLIC HEARING: DATE: DISCUSSION: The applicant has withdrawn the application for preliminary plat approval and has indicated he does not intend to pursue the project. Consequently, there is no action required by the Commission on this matter. ACTION REQillRED: None 16200 l~~~~~9t~~~S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER