HomeMy WebLinkAboutAugust 13, 2001
REGULAR PLANNING COMMISSION AGENDA
MONDAY, AUGUST 13,2001
Fire Station - City Council Chambers
6:30 p.m.
1. ..
Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. Case Files #01,-039 and #01-040 (Continued) Consider an application for a
preliminary plat to be known as McCormick Acres and to consider vaqances to
the minimum lot area for three of the proposed lots for the property located on the
south side of 170th Street, North of Highway 13 and east of Pheasant Meadows.
B. Case File #01-058 Consider an Amendment to Sections 1101.1000 (D~finition of
Elderly Housing), 1106A.200 (Definition of Congregate Care), 1108.5b6 and
1108.704 (The number of votes required to adopt an ordinance), 1112.200 (The
definition ofan Official Map) 1101.503 (1,6 & 7) (Allowable encroachments into
a side yard) 1104.308(2) (allowable encroachments into the lake setback)
1107.1801(1) (The Lighting Standards) and 1107.2106(5) (Certification of
Compliance with the Tree Preservation requirements) of the Zoning Ordinance.
5. Old Business:
6. New Business:
A. Case File #01-057 Larry Nickelson is requesting the vacation of a portion of the
Ridgemont Avenue right-of-way adjacent to the property located at 15543
Ridgemont Avenue.
7. Announcements and Correspondence:
8. Adjournment:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, JULY 23, 2001
1. Call to Order:
Chairman Vonhofcalled the July 23, 2001, Planning Commission meeting to order at
6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and
Vonhof, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and
Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Stamson
Vonhof
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the July 9, 2001, Planning Commission meeting were approved as
presented. i
Commissioner V onhof read the Public Hearing Statement and opened the meeting.
4.
Public Hearings:
, .
. .
A. Case File #01-017 - (continued) Mark Crouse is requesting v~riances for
impervious surface and the ordinary high water mark for the construction of a deck
on the property located at 15507 Calmut Avenue.
Zoning Administrator Steve Horsman presented the Planning Report dated July 23,2001,
on file in the office of the Planning Department.
On July 3, 2001, the Planning Department received a request from the applicant to
continue the public hearing for the impervious surface variance request from the
scheduled date of July 9, to July 23,2001. The applicant submitted the postponement
request due to the lack of time needed to provide the additional information.
Since the time of the report, new information has come to light with the ~pplicant
acquiring partial railroad right-of-way, which could be used as area for the impervious
surface calculations. '
The staff still recommended the Planning Commission deny the applicant's suggested
proposal of 45% impervious surface area as the applicant did not meet the hardship
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July 23, 2001
criteria, and require the property to meet an impervious surface area the Planning
Commission deems appropriate under the circumstances.
Stamson: Questioned staff on doing research on the earlier variance stating specifically
that the impervious surface could not exceed 30%. What would happen if the
Commission granted a larger variance? Horsman and Kansier explained they were
different issues. The previous variances were for building and front yard setbacks.
Comments from the public:
Applicant Mark Crouse, 15507 Calmut Avenue NE, explained he met with Ron Swanson
from Valley Survey, developer Dean Morlock of the original Windsong Association and
realtor Bud Waund regarding this matter. With the new information ofthe additional
land, new calculations will have to be done. An attorney or title company will have to
confirm title to the property. Crouse is going to do more research on the ownership of the
property .
V onhof stated the Commission would like to continue the matter until all facts were
presented.
Crouse went on to explain the Windsong development js willing to consider selling the
property directly across the street from his property, 'Vhich would help with his .
impervious surface issue. -
V onhof pointed out neighboring properties have had &imilar impervious surface issues.
Criego felt the percentage of acquired property would ~till be above the impervious
surface regulation. It would still be a serious problem.
Horsman stated a title opinion and a revised survey would clarify the ownership of the
property.
Stamson questioned ifthe additional property would include the street as impervious
surface. Kansier said the City has not had any or many situations like this. V onhof said
the neighboring property did not include the street in the calculations. Because this
property was a vacated railroad right-of-way, there were other problems.
Criego questioned if the impervious surface was added to the home after the variances
were granted and without a permit. Crouse said they were. He added the driveway in
1996 or 1997, which went over the 30%. The lakeside slab was added afterward. Crouse
also stated he was not aware a permit was needed. T~e contractor said he did not need
any permits. Crouse said he filed an appeal on the deck decision.
Lemke questioned Crouse on how much time he would need to continue the matter.
Crouse said he would check with his mortgage company to get a legal opinion. Lemke
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July 23. 2001
questioned the timeline in obtaining the property from Windsong. Crouse said he would
push for that.
Kansier pointed out Windsong is a Planned Unit Development and transferring property
will cause a number of other issues. In terms of this particular site without the additional
property, the next planning commission meeting is August 13,2001.
V onhof suggested moving it to the August 27, 2001, meeting. Kansier stated staff would
need the applicant's information by August 17.
Comments from the Commissioners:
Lemke:
. No comments until the next meeting.
Criego:
. Concerned the reque~t for impervious surface is 57.5%. This matter has gone on for
several months. Each time it is reviewed there is new information. With the new
information did not see it getting down to 30%.
. Have no problem delaying to the next meeting. Somehow the applicant needs to
know what to look for. Time and money is being added to'the effort.
. There needs to be more direction. Realizes there is no solid data.
Stamson:
. Concurred with the Commission regarding the delay. There needs to be some
direction.
. Pessimistic the applicant will meet the requirements.
. Staff detailed how to get meet the requirements, given the !lew information. It looks
possible he could get to the 30% impervious surface.
. Applicant should research his options.
Atwood:
. Agreed. But it is hard to pick a target number without knowing what the new figures
will be.
. Continue for more information.
V onhof:
. Agreed with Stamsoh, there are no accurate figures. A new survey will have to be
done and the facts spelled out.
. Regarding lakeshore areas and riparian lots - felt very strongly in retaining a 30%
impervious surface.
. There is a possibility of a solution. Continue to August 27, 2001.
Criego:
. 30% impervious surface is the goal.
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Planning Commission Minutes
July 23. 2001
· If in fact, the railroad right-of-way does belong to the applicant~ does the street get
calculated or not? Does the Planning Department feel comfortable in saying the area
is a public right-of-way? There should be clear direction.
MOTION BY LEMKE, SECOND BY STAMSON, TO CONTINUE THE MATTER TO
THE AUGUST 27, 2001, MEETING.
Vote taken indicated ayes by all. MOTION CARRIED.
5.
Old Business:
None
6.
New Business:
A. Case File #01-055 Eagle Creek Development is requesting a vacation to a
drainage and utility easement located over the former Holly Court right-of-way
located on Lot 2, Block 1, Creekside Estates.
Planning Coordinator Jane Kansier presented the Plaiming Report dated July 23,2001 on
file in the office of the Planning Department. '
Eagle Creek Development has filed an application to~vacate the drainage and utility
easement located over the former Holly Court right-:<Jf-way located on Lot 2, Block 1,
Creekside Estates. The applicant is in the process or-developing this site with a 24-unit
senior apartment building. Upon review ofthe building permit plans, a deck not shown
on the approved site plan will encroach into the existing easement.
There is no need for the retention ofthe entire ease~knt. A standard 10' wide drainage
and utility easement will be retained along the perimeter lot lines. The Planning staff
recommended approval ofthis request subject to the condition the applicant deed the
necessary 10' wide drainage and utility easement along the perimeter of the lot line to the
City prior to the recording of the resolution vacating this easement.
Criego questioned the need for the property owner to. vacate. Kansier explained the deck
encroachment.
Comments from the Commissioners:
Criego:
. No problem with the request.
Stamson:
;
· Staff spelled out the situation. Supported the request.
Atwood, Lemke and V onhof:
. Agreed
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July 23, 2001
MOTION BY ATWOOD, SECOND BY CRIEGO, TO RECOMMEND CITY
COUNCIL APPROVE THE PROPOSED VACATION OF EASEMENTS WITH
STAFF'S CONDITION.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on August 6, 2001.
B. Case File #01-038 Charles Boissiere is requesting a vacation of 30 feet of the
Ashland Road (Eau Claire Trail) right-of-way adjacent to the east side of Lot 4,
Grainwood. (4120 Eau Claire Trail) .
Planning Coordinator Jane Kansier presented the Planning Report dated July 23, 2001 on
file in the office of the Planning Department.
Charles Boissiere has filed an application to vacate 30' of the dedicated right-of-way for
A;shland Trail (Eau Claire Trail) adjacent to the east side of Lot 4, Grainwood Heights.
There is an existing home on the property at 4120 Eau Claire Trail. The applicant is
p~oposing an addition to the east side of the house. Withoufthe vacation of the right-of-
w,ay, the proposed addition will not meet the minimum required setback.
~
There is no need for the retention ofthe entire right-of-way." The Planning staff
recommended approval of this request.
Gomrnents from the Commissioners:
. .
Starns on :
. Staff spelled out there is no real need from the City's standpoint for this property.
The State spells out it has to be in the public's interest to do so. The public interest
served his is that allows a higher development of that property.
.. Go ahead and vacate.
Atwood:
. Agreed with Stamson there is no public need.
Lemke:
. Agreed, the right-of-way is excessive. Proceed to vacate.
Criego:
. No problem
V onhof:
. Concurred.
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Planning Commission Minutes
July 23.2001
MOTION BY LEMKE, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL
APPROVE THE PROPOSED VACATION OF RIGHT -OF- WAY.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on August 6, 2001.
C. Case Files #01-062 & 01-063 Merlyn Olson Development is requesting review
of a concept plan for a townhouse development to be known as Eaglewood East
consisting of 5 acres to be developed with 35 units, common open space and private
streets to authorize the acceptance of an application for a Preliminary Planned Unit
Development of less than 10 acres. This property is iocated south of County Road
21, north of Colorado Street, east of West Avenue and west of Duluth Avenue.
Planning Coordinator Jane Kansier presented the Planning Report dated July 23,2001 on
file in the office of the Planning Department.
Medyn Olson Development is requesting an exception to the 10-acre minimum area
requirement for a Planned Unit Development (PUD). 1'he applicant is proposing to
develop a 5-acre site located on the south side of CSAH 21, north of Colorado Street,
west of Duluth Avenue and east of West Avenue. Access to this site is presently from
Racine Street, a private street.
The staff felt the applicant would not be able to assemble 10 contiguous acres for a PUD
development at this location. The site, however, could .still be developed with
townhouses under the Conditional Use Permit process. . The need for a PUD is triggered
by the use of a private street within this development. '
Staff recommended approval of the applicant's request for an exception to the minimum
10-acre requirement for a PUD, and requested authorization to staff to accept an
application for a Preliminary PUD Plan for a site with less than 10 acres. Approval of
this exception does not guarantee approval ofthe PUD plan.
Criego:
· Does the private street go on to Duluth Avenue? Kansier responded it would.
· Does the road border on the property line? Is that within standards? Kansier said it
has not been reviewed that closely. A road can be placed on the property line.
There were no comments from the applicants or the public.
Comments from the Commissioners:
Atwood:
· In favor of letting the applicant proceed forward.
Lemke:
· Agreed to proceed with the 10 acre exception requirement.
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Planning Commission Minutes
July 23.2001
Criego:
. Question to applicant: Could you explain what type of housing is being proposed?
. Merlyn Olson, president of the company, said they are planning 4-plexes. There will
be two story units in the middle with single walkout on the ends. The market will be
for families, singles, a wide range, with a $160,000 to 195,000 price range. The
square footage will be 11,000 to 17,000 finished area. There is a plan for an open
area for park and a playground by Outlot C.
. Questioned the plans for the steep hill. Olson explained the proposal.
. No problems - continue the process.
Stamson:
. Go ahead with PUD process.
V onhof:
. Concurred. The property is bound by 3 public streets.
. Allow for the excepJion.
MOTION BY CRIEGO, SECOND BY STAMSON, TO AUTHORIZE STAFF TP
ACCEPT A PUD APPLICATION FOR THE PRELIMINARY PUD PLAN.
,
Vote taken indicated a1es by all. MOTION CARRIED.
D. Downtown Zoning discussion.
Planning Coordinator JfU1e Kansier gave a brief overview of the joint City
Council/Planning Commission workshop with the revised draft downtown design ·
ordinance. Auggie Wong and Suzanne Rhees, the City's consultants, were present for
questions.
Auggie Wong, landscape architect, distributed a handout and went on to present the
streetscape for the downtown area.
Criego felt Dakota Street and Main Avenue were the main focal point of the downtown
area. There was a brief discussion on the center of downtown and slowing traffic on
Eagle Creek Avenue.
Kansier pointed out the City was mainly working with Main Avenue because the City
owns significant property. Utilities and improvements will be updated in the near future.
The streetscape will expand to the rest of the downtown.
V onhof questioned the, width of the sidewalks and maintaining the street width. VI ong
responded and gave examples of slowing traffic.
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Planning Commission Minutes
July 23. 2001
Suzanne Rhees said the draft includes comments from the meetings and workshops. This
ordinance can be used as a guide. Rhees recapped the facades of the buildings in the
Design Standards.
The next step is to refine the draft. Eventually, there will be a public hearing.
Criego suggested having another joint workshop with the City Council.
7.
Announcements and Correspondence:
None
8. Adjournment:
The meeting adjourned at 7:58 p.m.
Jane Kansier
Planning Coordinator
Connie Carlson
Recording Secretary
~
. ::
. .
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.'
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4A
CONTINUATION OF PUBLIC HEARING TO CONSIDER
VARIANCES TO THE MINIMUM LOT AREA IN THE R-l
DISTRICT. AND TO CONSIDER APPROVAL OF A
PRELIMINA,RY PLAT TO BE KNOWN AS MCCORMICK
ACRES
JANE KANSIER, PLANNING COORDINATOR
_X_ YES _NO-N/A
AUGUST 13,,2001
INTRODUCTION:
The Patrick L. McCormick Trust has; filed an application for a preliminary plat for the
1.85 acre site located on the south side of CSAH 12 (170th Street), west of CSAH 13 and
east of Pheasant Meadows. The pr~iminary plat, to be known as McCormick Acres,
consists of 1.85 acres to be subdivided into 5 lots for singe family residences. There are
two existing single family dwellings on this site. The application also includes a request
for variances to the minimum lot area for 3 of the proposed lots.
; t
The Planning Commission initially" considered this request on July 9, 2001. The
Commission tabled action on the request until August 13, 2001, in order to allow staff
and the developer to assemble additional information.
On August 8, 2001, the applicant requested the Planning Commission further continue
the hearing until the next regular Planning Commission meeting on August 27, 2001 (see
attached). The applicant is hoping to provide additional information at that time.
RECOMMENDATION:
The staff recommends the item be contiimed to August 27, 2001.
ACTION REQIDRED:
A motion and second continuing this item until the next regular Planning Commission meeting
on August 27, 200 I is required.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-' AUG. 8.21211211 1:53PM
CITY OF WASECA
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From: Krls BL!sse
Sent: Wednesday, Augl.lst 08,2001 10:06 AM
To: ~kansier@cityofpriorlake.com'
subject: request to table action on McCormick Acres
I am requesting the planning commission table any action on the preliminary plat of McCormick
acres. I respectfully request this item be placed on the next regular planning commission meeting
in order to allow additional time for preparation. Thank you for your consideration.
Kris M. Bl.Isse
:---- --
PttOno'
Phone'
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
PUBLIC HEARING TO CONSIDER VARIOUS
AMENDMENTS TO THE ZONING ORDINANCE
JANE KANSIER, PLANNING COORDINATOR
X YES NO
AUGUST 13, 2001
INTRODUCTION:
The purpose of this public hearing is to consider various, misce'IIaneous
amendmehts to the Zoning Ordinance. The need for these amendments is the
result of s+veral factors. These factors include, among other things, changes to
the State'statutes, the need to clarify language in the existing ordinance, the
need to update references in the existing ordinance and the need to change the
ordinance to reflect existing policy.
DiSCusSioN:
Changes in State Statute: The staff has identified language in the current
Zoning Ordinance that is inconsistent with Minnesota State statutes. Some of
these inconsistencies are the result of very recent changes to the statutes.
These changes include the following:
· The definition of elderly housing (1101.1000)
· The definition of congregate care (1106A.200)
· The number of City Council votes required to adopt an amendment to the
Zoning Map and the Zoning Ordinance (1108.506 and 1108.704)
· The definition of an official map (1112.200)
Sections 1-5 in the attached draft ordinance identify the revisions to the existing
ordinance. None of the revisions are substantial; that is, they do not change the
intent of the original ordinance. The major change is in the number of votes
required to adopt an amendment to the Zoning Ordinance and to the Zoning
Map. The State legislature recently changed the requirement from a 2/3 majority
of all the members of the City Council to a simple majority vote. The exception
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
to this rule is when the change is from a residential to a commercial or industrial
district. These types of amendments will still require a 2/3 majority.
Interpretations: Since the Zoning Ordinance was adopted in 1999, the staff has
made a number of interpretations on the application and intent of the ordinance.
In a few cases, the staff feels it is necessary to clarify the ordinance language to
reflect these interpretations. These include:
. Language to include basement egress windows as an allowable
encroachment into the side yards (1101.503 (1))
. Language to include platform decks as allowable yard encroachments
(1101.503 (6 & 7) and 1104.308 (2))
These changes are identified in Sections 6-9 of the attached ordinance. The
amendment does not change the way in which the ordinance has been
administered. It merely clarifies the intent by adding specific language about
egress windows and platform decks.
Updates: The Zoning Ordinance also references technical documents, which
may be updated on a regular basis. In order to ensure the reference is current,
the language should be changed to eliminate the specific edition number, and
reference the current edition. This amendment applies to the following:
t
. The Illuminating Engineering Society (IES) Handbook (1107.1801 (1))
: ,
. .
This change is identified in Section 10 of the draft ordinance.
New Provisions: After several discussions, the City Council has directed staff
to relax the certification requirements for replacement trees. This relaxation is
intended to be a more "customer-friendly" approach, especially for single-family
homeowners. .The amendment affects the following provision:
. Tree Preservation Requirements, Certification of compliance with an
approved I~ndscaping plan (1107.2106 (5)).
Section 11 of the draft ordinance addresses this change. The language still
requires the developer to certify that the tree preservation plans have been met;
however, it removes the requirement that the certification be made by a
registered land surveyor, civil engineer, landscape architect, horticulturist or
forester. This change will mainly affect builders and homeowners. On larger
projects, such as new subdivisions, we expect the staff will determine
compliance through inspections. On individual lots, compliance will be
determined by certification by the homeowner or builder.
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Page 2
RECOMMENDATION:
Section 1108.600 of the Zoning Ordinance states specific findings that must be
met to change the ordinance. These are:
1. There is a public need for the amendment.
2. The amendment will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or policies of the
City.
3. The adoption, of the amendment is consistent with State and/or F~deral
requirements'. .
Staff feels there.is a public need for these amendments for several reasons.
First of all, the~mendments are necessary to comply with State statutes.
Second, the amendments will clarify the intent of the ordinance as it i~ currently
administered. Finally, the amendment eliminating the need for certifi9ation of
compliance with tree preservation plans will be more "customer frienqly" and
eliminate additioral expense to the taxpayers.
ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with
changes specified by the Planning Commission. .
~ ..
. .
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends Alternative #1 .
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendment as
recommended by staff and indicated in the attached draft ordinance.
REPORT ATTACHMENTS:
;
1. Draft Ordinance Amendment
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Page 3
CITY OF PRIOR LAKE
ORDINANCE NO. 00- XX
AN ORDINANCE AMENDING SECTIONS 1101.1000, 1106A.200, 1108.506,
1108.704,1112.200,1101.503 (1, 6 & 7), 1104.308 (2), 1107.1801 (2) AND 1107.2106 .
(5) OF THE PRIOR LAKE CITY COD~
The City Council of the City of Prior Lake does hereby ordain that:
1. Syction 1101.1000 of the Prior Lake City Code is hereby amended as follows:
Eltterly Housing. Multiple family dwellings where a minimum of 60% of the units are
occupied by single persons at least 60 years of age or by 00uples with ORe or both being
at l.east 60 years of age. A development intended and operated for occupancy by at
least one person 55 years of af!e or older per unit, provided that:
(alAt least 80 percent of the units are occupied by at least one person 55 years of af!e
or older per unit; and
(b) There is publication 0(, and adherence to, policies and procedures that
: i demonstrate an intent by the owner or manaf!er to provid(! housinf! for persons 55
, - years of af!e or older.
2. Section 1106A.200 of the Prior Lake City Code is hereby amended as follows:
Senior Care Facilities. A residential facility meetinf! the definition of elderly
housinf! in Section 1101. 100where at least gO% of the residents are 55 years of age
or older. Services available to residents cover a broad range of activities from social
opportunities to medical care. The term includes assisted living and congregate care.
It does not include nursing homes licensed by the State of Minnesota.
3. Section 1108.506 of the Prior Lake City Code is hereby amended as follows:
Adoption. Amendments to this Ordinance or to the Official Zoning Map require an
affirmative yote of 2/3rds a ma;ority vote of all the members of the City Council.
The adoption or amendment of any part of the Zoninf! Ordinance that chanf!es all
or part of the existinf! classification of a Zoninf! Use District from residential to
either commercial or industrial requires a 2/3rds ma;Qrity vote of all of the
members of the City Council.
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PAGE I
4. Section 1108.704 of the Prior Lake City Code is hereby amended as follows:
Adoption. The City Council shall act upon the proposed rezoning within 60 days
after the Council has received the Planning Commission recommendation. A
majority 2/3rds vote of all members of the Council shall be required to adopt any
amendments to the Zoning Ordinance. The adoption or amendment of any part of
the Zoninf( Ordinance that chanf(es all or part of the existinf( classification of a
Zoninf( Use District from residential to either commercial or industrial requires a
2/3rds majority vote of all of the members of the City Council. The City Council
may alter the amendment proposed, but if the alteration results in a modification of
the Zoning Map filed at the time of the first publication of notice of the hearing, it
shall not be made until 10 days after notice has been given by registered mail to the
owner of the property to be zoned that an amendment is being considered and may be
adopted which is different from that shown on the original Zoning Map filed in
support of the requested zoning change.
5. Section 1112.200 of the Prior Lake City Code is hereby amended as follows:
OFFICIAL MAP DEFINED. "Official Map," as used in this article, means a map
adopted in accordance with this article and with Minnesota Statutes Subd. 462.359
sho'.ving which may show existing streets, and proposed future streets, roads, and
hif(hwavs and the area needed for widening of existing streets of the city. An official
map may also show the location of existing and future public land and facilities
within the city. An official map my cover the entire city or any portion of the city.
i
~
6. Section 1101.503 (1) of the Prior Lake City Code is hereby amended as follows:
(1) Eaves, and-gutters and basement ef(ress windows, provided they do not extend
more than 2 feet into a yard; and provided such encroachment is no closer than 5
feet from any lot line.
7. Section 1101.503 (6) is hereby amended as follows:
(6) The following shall not be encroachments on front yard requirements:
a. Awnings and door hoods which extend 5 feet or less into the required front
yard.
b. A vestibule which extends 5 feet or less into the required front yard under
the following conditions:
~ The vestibule shall be designed, constructed and attached to the
principal structure in compliance with the building code.
~ The vestibule shall be constructed of materials compatible with those
of the principal structure which meet the requirements of subsection
1107.2200.
~ The vestibule area, measured from the outside of the outside walls
shall not exceed 30 square feet.
c. Heating, ventilating and air conditioning equipment which extends less than
6 feet from the principal structure, is not more than 36 inches in height, and
is screened from view.
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PAGE 2
d. Platform decks, meetinJ( the definition in Section 1101.1000.
8. Section 1101.503 (7) is hereby amended as follows:
(7) The following shall not be encroachments on side and rear yard requirements:
(a) Heating, ventilating and air conditioning equipment in side yards abutting a
street and rear yards, but is an encroachment in interior side yards. None of
that equipment shall extend more than 6 feet from the principal structure.
(b) Platform decks, meetinJ( the definition in Section 1101.1000.
9. Section 1104.308 (2) is hereby amended as follows:
(2) Setback Requirements For Residential Structures: On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet; whichever is greater, provided all other provisions
of the Shoreland Overlay r?istrict are complied with. In cases where only one
of the two lots adjacent ~o an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feetinay be utilized. Setback averaging may not be
utilized when an undeveloped shoreland lot is adjacent to two other
undeveloped shoreland 101s. In no instance shall a principal structure be
located in a shore impact zone or a bluff impact zone.
The following shall not be considered encroachments into the lakeshore or
bluff setback:
a. Yard lights and nameplate signs for one and two family dwellings in the R-
1, R-2 and R-3 districts.
b. Floodlights or other sources of light illuminating authorized illuminated
signs, or illuminating parking areas, loading areas, or yards for safety and
security purposes if these meet the regulations of subsection 1107.1800.
c. Flag poles, bird baths and other ornamental features detached from the
principal building which are a minimum of 5 feet from any lot line.
d. The following shall not be encroachments on front yard requirements:
~ Awnings and door hoods which extend 5 feet or. less into the
required front yard.
~ A vestibule which extends 5 feet or less into the required front yard
under the following conditions: (1) the vestibule shall be designed,
constructed and attached to the principal structure in compliance
with the building code; (2) the vestibule shall be constructed of
materials compatible with those of the principal structure which
meet the requirements of subsection 1107.2200; and (3) the
I :\0 I files\O I ordamend\zoning\misc amends\draftord.doc
PAGE 3
vestibule area, measured from the outside of the outside walls shall
not exceed 30 square feet.
~ Heating, ventilating and air conditioning equipment which extends
less than 6 feet from the principal structure, is not more than 36
inches in height and is screened from view.
~ Platform decks, meetinl[ the definition in Section 1101.1000.
e. The following recreational equipment shall not be encroachments on the
lakeshore or bluff setback requirements: boats, boat trailers, general
purpose trailers, fish houses, utility trailers, jet skis, snowmobiles and
other lake-oriented items.
f. The following shall not be encroachments on side and rear yard
requirements:
~ Heating, ventilating and air conditioning equipment in side yards
abutting a street and rear yards, but is an encroachment in interior
side yards. None of that equipment shall extend more than 6 feet
from the principal structure.
~ Platform decks, meetinl[ the definition in Section 1101.1000.
10. Section 1107.1801 (2) of the City of Prior Lake Zoning Ordinance is hereby amended
as follows:
(2) Upon completion of any lighting project, measurement of lighting levels of
properties within the project must be shown to be within Illuminating Engineering
Society (IES) standards as specified in the most recent version of the IES
Handbook 5th Edition and shall comply with the provisions of this Ordinance.
Mitigating measures shall be employed to limit glare and spill light to protect
neighboring parcels and to maintain traffic safety on public streets and roadways.
These measures shall include lenses, shields, louvers, prismatic control devices
and limitations of the height and type of fixtures used.
11. Section 1107.2106 (5) of the City of Prior Lake Zoning Ordinance is hereby amended
as follows:
(5) Certification of Compliance with Approved Landscape Plan. No earlier than
1 year after acceptance of the tree preservation plan nor later than 1 year after
. completion of the work contemplated by the plan, the Developer shall certify to
the City that the plan has been complied with. This certification shall be made by
a Minnesota registered land suryeyor, ciyil engineer, landscape architect,
horticulturist or f{)rester.
This ordinance shall become effective from and after its passage and publication.
t
. ,
. .
Passed by the City Council of the City of Prior Lake this _ day of
,2000.
1:\01 files\O 1 ordamend\zoning\misc amends\draftord.doc
PAGE 4
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
I :\0 I files\O I ordamend\zoning\misc amends\draftord.doc
, 1999.
PAGE 5
.
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t
. .
. I
,-
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
6A
REVIEW REQUEST TO VACATE A PORTION OF THE
ROAD RIGHT-OF-WAY FOR RIDGEMONT AVENUE
ADJACENT TO 15543 RIDGEMONT AVENUE
JANE KANSIER, PLANNING COORDINATOR
YES X NO-N/A
AUGUST 13, 2001
AGENDA ITEM:
. . SUBJECT:
INTRODUCTION
;: The right-ot-way tor Ridgemont Avenue at this location was originally dedicated
. tin 1920 with the plat ot Condon's Wood Dale. In 1974, the City installed utilities
- and reconstructed Ridgemont Avenue at this location. At that time, the roadway
surface was realigned to the west ot this property. This left a boulevard ot
. . approximately 28' between the curb and the property line.
~ ;
. .
; In 1999, Larry and Joyce Nickelson requested the vacation ot 18' ot the excess
right-ot-way adjacent to their property at 15543 Ridgemont Avenue. The existing
lot is about 50,000 square teet in size. Mr. and Mrs. Nickelson indicated they
wanted to subdivide this area into 3 lots. According to the letter submitted by the
petitioners at that time, they believed vacation of this right-ot-way "may avoid
tuture problems tor the city and new property owners it the easements are
. moved to reflect the true placement ot the utilities and the lot lines end at the
street, as they do in all residential districts." The area originally proposed to be
vacated was also required to meet the minimum lot area requirements tor two ot
the proposed lots.
In reviewing the original application, the staff brought up the question ot
ownership ot the right-ot-way. As noted above, the right-ot-way was dedicated
as part ot Condon's Wood Dale in 1920. Minnesota statutes and case law have
determined ownership ot vacated right-ot-way reverts to the adjacent property
owner only it that property was included in the plaUn which the right-ot-way was
dedicated. Since the Nickelson property was not included in Condon's Wood
Dale, the ownership ot the vacated right-ot-way would not revert to the adjacent
property owners, but to the underlying tee titleholders ot the original plat, or their
heirs. The Nickelsons' would have to obtain title to this property from those
1:\01 files\O 1 vacations\O 1-057\0 1 057pc.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
<,
individuals. The petition was subsequently withdrawn so the question of
ownership could be resolved.
The Nickelsons' worked with their attorney to file a Title Registration that would
give them title to this right-of-way. The City Attorney reviewed the registration
and advised staff that the City should not allow the Registration Proceeding to
move forward by default. The Nickelsons' cannot acquire title to public property,
in this case the right-of-way, by adverse possession. The attorneys have agreed
that vacation ot the right-ot-way is the proper procedure.
On July 2, 2001, the City Council initiated the vacation of this right-of-way. The
staff was subsequently informed by the attorney for the Nickelsons that the legal
description ot the property to be vacated had changed. The new legal
description includes a larger area, and would essentially vacate the right-ot-way
trom the back ot the existing curb to the Nickelson property line.
As required by State Statute 462.356 Subd.2,; the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates tb the compliance with the
~ Comprehensive Plan.
t
Upon proper notification, State Statute 412.851" allows the Council to vacate
easement or right-ot-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so".
. 10
, .
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing easement comply with the Comprehensive Plan and is there a public
need or anticipated tuture need tor the dedicated property?
Comprehensive Plan Review: The Comprehensive Plan notes the need for
adequate right-ot-way to maintain City streets. The 2002-2006 Capital
Improvement Program has identified the reconstruction of Ridgemont Avenue to
a 7 -ton road at this location. The Engineering Department has not indicated a ~
need for this right-of-way as part ot that reconstruction project. The Engineering
staff has, however, noted that the existing sanitary sewer and water utilities may
encroach into the area to be vacated. In addition, by vacating the entire
boulevard, there is no room for snow storage on the street.
Public Need: In addition to the concerns ot the 'Engineering Department noted
above, the staff has also received comments from the small utilities, including
telephone, gas and electric (see attached). All ot these agencies have noted
there are existing services within the right-ot-way to be vacated. Reducing the
area to be vacated to the original area proposed may eliminate some of these
1 :\0 1 files\O 1 vacations\O 1-057\0 1 057pc,doc
2
, '
concerns. However, there is still an existing telephone cable located within the
area to be vacated. In addition, the Engineering Department has also suggested
the need for a 10' drainage and utility easement along the westerly boundary of
the area to be vacated. This 10' easement, a standard easement around the
boundary of any lot, should be retained in the event this right-of-way is vacated.
RECOMMENDATION
There is excess right-of-way at this location. However, the revised legal
description includes area necessary to maintain the utilities and the existing
streets. The Planning staff therefore recommends denial of the vgcation as
currently proposed. The staff would recommend approval of the vacation of 18'
of right-of-way adjacent to this property as originally described, subject to the
condition that the property owner quit claim a 10' wide easement for drainage
and utilities along the westerly boundary of the property.
ALTERNATIVES:
1. Recommend the City Council approve the proposed vacation as pr~sented.
2. Recommend the City Council approve the modified vacation. ;
~
3. Continue the discussion to a date and time certain to allow 'the staff to
provide additional information specifically requested by the Planning
Commission.
4. Based upon expressed findings of fact, recommend the City Coun4il deny
part or all of the applications based upon inconsistency of the proposal with
specific regulations of the Zoning and Subdivision Ordinances and/or specific
policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends alternative #2.
ACTION REQUIRED:
A motion and second vacation the 18' wide strip of right-of-way included in the
original petition, subject to the condition that the property owner quit claim a 10'
wide easement for drainage and utility purposes along the westerly boundary of
the property.
1:\01 files\O 1 vacations\O 1-057\0 1 057pc.doc
3
< .
October.24, 1999
City of Prior Lake
Planning Department
4629 Dakota St. SE
Prior Lake, MN 55372
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RE: Request for vacation of property along Ridgemont Avenue
Dear Sirs:
Enclosed you will find 2 surveys of the property involved. Survey #1
shows our prqperty in 1972, with the location of Ridgemont Ave. at that
time. Our title 'reflects these boundaries.
Survey '#2 shows the placement of Ridgemont Avenue after the
completion of sewer, water and street projects. in later 1970's.. The street
was relocated several feet to the west, leaving a "no man's land" between
our legal description and the street. (See colored area in Survey #2.) A brief
discussion with a member of the engineering department indicated city
records were inaccurate regarding this change and he would support
clarification.
We are anticipating a subdivision of this property and believe it may
. '"avoid future problems for the city and new property owners if the easements
are moved to reflect the true placement of the utilities and the lot lines end
at the street, as they do in all residential areas.
A description of the property requested for vacation is attached. The
legal description of our adjacent property is Tract At RLS #83. We are the
only abutting property owners.
Respectfully, ---. <. A->--=>/;~7)" /'/ --
"~i. 'vch .A. {.;..
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Larr1 Nickelson
Joyce Nickelson
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I have reviewed the attache~ proposed request (Ridgemont Avenue Vacation) for the
following:
)C. Water City Code Grading
j. Sewer ~ Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric X. Roads/Access
Policy
Septic System Gas Building Code
Erosion Control . Other
Recommendation:
Approval -.X.- Denial
Conditional Approval
Comments:
S..",.nt&-t s,.~ 4 ~A1&.tt'l41~ l'JAol fAll-.tM .11"h"G rtlE.. EAslMlWr
PlloP~~O '-0 at IJ~A~. :It ~ Fe~ ""14~to/.. <LIsa ~ sHow
,-..U! ~""S1'IA1~ &.mc..tn~ IIJ 710IlS AnlA. IlAl~ WE AJ~I!O ro KSIP "AI I'''$~
~"'Ie" LtJC~" ~ ~~ "'" sE4V"~ -r...EsC! ","c.cn.s_ 'Bo,,", fueL",- tl Ptz.I.VA'1"C
-::~:. M~:aoP;~~~ :~ftO~; tlAa:l) .tJ~;:~ ~= . ~{{~~ne:
I$S",e D~ ~,.J.t;w Sl"MlAtoE:. >
Signed:
'- ~tv\c ~-t\-
Date '~Ol
Please return any comments by Monday, July 30, 2001, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\01 files\01 vacations\01-057\referral.doc
Page 2
_._. ,__... ____ '_ - _._. . - ~ _0. _ _ _ ..,-'-...... ..-'.'-'-
~8el;ant
\,\\ EnergyTM
Minnegasco
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700 West Linden Avenue
P.O. Box 1165
Minneapolis. Minnesota 55440-1165
July 26, 2001
Jane Kansier
DRC Coordinator
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
RE: Street Vacation of Ridgemont Avenue
Dear Ms. Tovar:
With reference to the proposed street vacation mentioned above, Reliant Energy
Minnegas~o does have an existing natural gas main in that portion of Ridgemont
A venue proposed to be vacated.
Since this gas main is an important part of the distribution system for this area we
must object to this proposed vacation _unless suitable easement rights are reserved
to Reliant Energy Minnegasco, pursuant to MnSta 160.29 & MnRule 7819.3200.
Please reserve an easement to Reliant Energy Minnegasco, created by and
within the document establishing the street vacation and filed with the Scott
County Recorders office, over the following area of the proposed street
vacation:
The north 35.00 feet of that part of Ridgemont Avenue proposed to be
vacated.
We may consider removing our objection should the petitioner wish to reimburse
Reliant Energy Minnegasco the cost of :relocating the existing gas main. To discuss
this and any ether cptio:ls that ma'! be gvai!able please haVf~ the petitioner contact
Rick Pilon, Senior Administration Engine~r, at 612-321-5426.
Thank you for the advance notice and please send me a copy of the final action on
. this proposal.
Respectfully,
RELlA.NT ENERG~INNEGASCO
jtt; t~ tx'y,----
Steven Von Bargen'
Right-of-Way Administrator
pc: R. J. Pilon, Reliant Energy Minnegasco
Tom Birkholm, Reliant Energy Minnegasco
OF 'L
I have reviewed the attached proposed request (Ridgemont Avenue Vacation) for the
following:
Water City Code Grading
Sewer Storm Water SiQns
ZoninQ Flood Plain CountY Road Access
Parks Natural Features . Legal Issues
Assessment Electric Roads/Access
Policy ,
Septic System ,Gas Building Code
Erosion Control X Other in.E....
R~qDlT.lmeRdatio".;,' - ~ Approv.al. ,. ~ Denial
Comments:
X Conditional Approval ..
INTEC::JRl\ TElEc...blY\ Cl1t\."E.f\)TL.'f \-\\'\5. AIV EXISTJNt.
C.A~lE ALaNt, ~(1)E=oeMOI\JT AV€ I'N. T"E. ~AS~l"t\E~1 A~E.A- 5f10WN
TO 1.E. ""'c..,..~t). \f-)E, UO\1\.b PltEJ~:E.R; A JO'l.Xnl\'TY '-Oi...l.\nD~ 8.e.c..
B..E to::D.lJ..\1LltlS. ~E ~U.lb RElt\C.RT~ OL1R.. ("ABLE I NT!) Tfo\l's
C.ARR\ ~D~ A.T NO CJ~"'It~.€ TO 'TH'~ illlS1iHnE ~-'
'I
?Jtegra
TELECOM "
Don Bar1age
a.s.p. Engineering & Design
4690 Colorado StreetS.E.
Prior l.aJ<c. MN 553n
Mobile: (612) 919-5887
.. Fax: (952) 226-3756
ClOO.lleIIagllCinlagralelecom.com
\WIW.integralelecoll1,com
Direct Dial: (952)226-7064
~~-
Signed:
Date:
7-Z7-0 \
Please return any comments by Monday, July 30. 2001, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fa,,:: (612) 447-4245
1:\01 files\O 1 vacatians\O 1-057\referral.doc
Page 2
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08Y01/01 WED 10:29 FAX 330 6590
NSP DEL SYS CONST
raJ 001
tJ Xcel Energy
NORTHERN STATES POWER
Facsimile Cover Sheet
To: Jane Kansier
Company: City of Prior Lake
Phone: 952.447.9812
Fax: 952.447.4245
From: Kathy Blomquist
Address: 414 Nicollet Mall - GO-7
Minneapolis, MN 55401
Phone: 612/330-5604
Fax: 612/330-6590
Date: 01 AUG2001
Number of pages
including this
cover sheet: 4
Comments: Ms. Kansier, Please see attached conditions to approval
of the Nickelson-RidgemontAvenue vacation. Should the property
owner consent to at- easement (as an alternative to reservation in the
resolution of Xcel . rights), we will need to locate and survey the
underground line to prepare a precise legal description of the
easement strip. This may take 2-3 weeks. Please call with questions
or comments.
ORIGINAL BY MAIL TODAY.
Thank you, \If''
NSP DEL SYS caNST
iii 003
~e.9~1/01 WED 10: 30 FAX 330 6590
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I have reviewed the attached proposed request (Ridgemont Avenue Vacation) for the
following:
.
Water City Code Grading
Sewer Storm Water Signs
. Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
- Septic System Gas Building Code
Erosion Control Other ,
Recommendation: ~ Approval
Denial
. k Conditional Approval
. Comments:
..,~ X;C~AS u~oEID.oUNut'RlrAAgj
I;:t;gIBPTIDt-JEAC,ILlTlE:.:l l.1XA'tEO ~~ TIlE
~OI2:nt SlOt;;; Cl~ -rHE: Yl<'Ll~r'l, . FOR.. Wltl~ .
:=l:Ac:,~)...\T ~ I"::> i' MlJ8T' 6~
~'JJEt:lliE:" \IN:~T1!>~-S~LLrnO~ _
... _ A~\\ll::) ~L-WIL-l- G~I'r~I:
.~~ _~~[)l-:~D O~ F'W-ClJIION BY
__~ ClW ~ _F Al-l ~11<r.C- D~A
=~ I TO c:,1Ut\J""1 y.D:.L .. ~0 ~ ..:
_ _ _&nN WE" A~\lE ~L6~D ~rrJ:ES
Signed: ~~ Date: 87-31-d
. ~.A. 5LO~Vt S
Please return any comments by Mondav. Julv 3D, 2001, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (\12) 447-9812
Fax: (6~) 447-4245
C\ S '),..
Page 2
1:\01 files\O 1 vacations\01 .057\referral.doc
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NSP DEL SYS CONST
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