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~~''`.'~^fES~°~" PLANNING COMMISSION AGENDA
MONDAY, MARCH 9, 2008
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
A. February 9, 2008 Minutes
4. Consent Agenda:
5. Public Hearings:
A. EFH Realty Advisors, Inc has submitted a petition to amend the Comprehensive
Plan to re-guide three parcels of land equaling approximately 5.7 acres from R-LD
(Urban Low Density Residential) to C-CC (Community Retail Shopping). The
site is located at property previously utilized by the Crossroads Church and two
residential home sites, west of MN TH 1.3 and south of CSAH 42.
6. Old Business:
7. New Business:
A. Review of the 2008 Variance Report
B. Chair and Vice-chair selection (nomination, second, and vote)
S. Announcements and Correspondence:
9. Adjournment:
La09 EILC5109 PLANNING C'OMMISSIOM09AGFiNDA5WG0})~~tlJO1 nr10Yla ke.COCT1
Phone 952.447.9800 / F'ax 952.447.4245
PLANNING COMMISSION MINUTES
MONDAY, FEBRUARY 9, 2009
1. Call to Order:
Assistant Chair Ringstad called the February 9, 2009 Planning Commission meeting to
order at 6:04 p.m. Those present were Commissioners Billington, Perez and Ringstad,
Planner Jeff Matzke and Recording Secretary Connie Carlson.
2. Roll Call:
Billington Present
Fleming Absent
Lemke Absent
Perez Present
Ringstad Present
3. Approval of Minutes:
The Minutes from the December 22, 2008, Planning Commission meeting were approved
as presented.
4. Consent: None
5. Public Hearings:
Commissioner Perez read the Public Hearing Statement and opened the meeting.
A. The purpose of the public hearing is to consider amendments to Section
1101.700. The amendments relate to the following: Modifications to the Zoning
Map.
Planner Jeff Matzke presented the Planning Report dated February 9, 2009, on file in the
office of the City Community Development and Natural Resource Department.
On October 25, 2006 the Metropolitan Council approved the City of Prior Lake 2030
Comprehensive Plan. At that time, as is mandated by State Statute, the Zoning
Ordinance and Zoning Map were required to be amended to make them consistent with
the 2030 Comprehensive Plan.
In addition to the proposed amendments for the purpose of meeting State Statute
requirements, additional amendments are being proposed with the intention of making the
Zoning Ordinance snore user-friendly for citizens, business owners, and developers.
The Planning Commission has already held two previous public hearings regarding the
proposed revisions to the Zoning Map. In accordance with Minnesota State Statute these
1,:\09 F~ILGS\09 PLANNING COMM[SS[ON\09 MINU'ff~S\MN020909.doc
Planning Commission Meeting
February 9, 2009
public hearings were published in the local newspaper. In addition to the required public
hearings, City Staff has called this final public hearing and has mailed notices to the
affected property owners regarding the proposed rezonings. Therefore, this meeting has
been called to allow the residents of the various rezoned properties to be heard regarding
any questions or concerns.
The areas of proposed rezoning are as follows:
• The C-2 (Community Business) and C-4 (General Business) are proposed to be
combined into one Zoning District named the C-3 (General Business) District.
This change would create 3 commercial zoning districts, consistent with the 3
commercial designations (outside of the town center area) of the 2030
Comprehensive Plan Map.
• The R-3 (Medium Density Residential} and R-2 (Low/Medium Density
Residential) Zoning Districts are proposed to be combined into one Zoning
District named the R-2 (Medium Density Residential) District. This change
would create a medium density residential district consistent with the new density
standards approved under the 2030 Comprehensive Plan.
• The TC-T (Transitional Town Center) Use District was added. This area is
currently zoned R-2 (Low/Medium Density Residential) and is proposed under
the 2030 Comprehensive Plan to be the area guided for the expansion of the Town
Center.
• A group of 6 R-1 (Low Density Residential) properties along Maplewood Street
are being proposed for rezoning to a C-4 (General Business) commercial Use
District. This change would bring the properties in compliance with the current
commercial designation of the 2030 Comprehensive Plan.
These changes are being proposed to bring the various properties into compliance with
the 2030 Comprehensive Plan Map and make the current Zoning Map more simple and
user-friendly for citizens, business owners, and developers. Staff has received various
calls over the last couple weeks since the notices were mailed from property owners
inquiring the effects these zoning changes tnay have on their properties. After discussion
with City Staff, no residents expressed major concerns with the proposed changes. As in
prior public hearings City Staff would recotmnend these changes to the Zoning Map.
Comments from the Public:
Ron Evens, 6535 Harbor Place East, asked for clarification on the process of an R3 to RZ
zoning district. Matzke explained the differences. Matzke also presented a chart
indicating different developments with density.
James Caswell, 4590 Colorado Street, questioned restrictions with home businesses.
Matzke explained the regulations and uses for the downtown transitional zoning district.
L:\09 PI1.LS\09 PLANNING COMMISSION\09 MINUTEiS1MN020909.doc 2
Planning Commission Meeting
February 9, 2009
Mr. Caswell said he recently moved into this home and was told by the building
department he would have to request rezoning aild after hearing this presentation he felt
that was not the case. Matzke clarified the process.
Ringstad commented on the downtown transitional district meetings three or four years
ago.
Larry Butler, representing Holy Trinity United Methodist Church, ].6150 Arcadia Street,
questioned church status in the transitional district. Matzke explained the overall plan
and regulations for churches in that zone. It would be changed with the church's master
plan for construction.
The public meeting was closed at 6:33 p.in.
Comments from the Commissioners:
Billington:
• This is a process to look into the filture with our Comp Plan. Nothing is going to
happen over night.
• It will make it easier to comprehend. Districts are consolidated.
• This will be discussed as the community evolves.
Perez:
• We have seen this before and have worked on it a couple of years. Obviously
there were concerns. It is good staff wanted to bring this to a public hearing.
• There were good questions tonight.
• The biggest section is the downtown transitional district. Anyone living in that
district is free to continue living there.
• Support.
Ringstad:
• Agreed with fellow Commissioners. What we are seeing tonight is a development
of the community.
• This is for future changes. Today's uses are current uses.
• We are just cleaning up the zoning district ordinance. It is a work in progress.
• This is the last public hearing.
• Thanked staff for their hard work.
MOTION BY PEREZ, SECOND BY BILLINGTON, RECOMMENDING APPROVAL
OF THE PROPOSED ZONING ORDINANCE AMENDMENTS AS HIGHLIGHTED
IN THE PRECEDING STAFF REPORT AND DETAILED ATTACHED
DOCUMENTS.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council February 17, 2009.
L:\09 FILES\09 PLANNING COMMiSSION\09 MINUTES\MN020909.doc 3
Planning Commission Meeting
February 9, 2009
6. Old Business: None
7. New Business: None
8. Announcements and Correspondence:
Ringstad nominated Vaughn Lemke to continue as chairperson of the Planning
Commission.
MOTION BY RINGSTAD, SECOND BY BILLFNGTON, TO NOMINATE VAUGHN
LEMKE AS CHAIRPERSON.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY PEREZ, SECOND BY BILLINGTON, TO NOMINATE DAN
RINGSTAD AS VICE CHAIR.
Vote taken indicated ayes by all. MOTION CARRIED.
The next planning commission meeting is scheduled for March 9, 2009.
Ringstad asked what projects would be coming up before the Conunissioners. Matzke
gave a brief list of the activities.
Paul Perez noted the 2030 Comprehensive Meeting scheduled for March 1 1, 2009.
9. Adjournment:
The meeting adjourned at 6:43 p.m.
Connie Carlson
Recording Secretary
L:\09 FILES\09 NLANNINC C:OMM[SS[ON\09 M1NtJ1'CS\MN020902doc 4
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4646 Dakota Street S.E.
Prior La1te, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
5A
CONSIDER AN AMENDMENT TO THE
COMPREHENSIVE PLAN FOR APPROXIMATELY 5.7
ACRES OF PROPERTY LOCATED NORTH OF
BOUDIN STREET, WEST OF MN HWY L3, SOUTH OF
CTY RD 42, AND EAST OF TIMOTHY AVENUE
JEFF MATZKE, PLANNER & DANETTE PARR,
COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
_X YES NO-N/A
MARCH 9, 2009
EFH Realty Advisors, Inc are requesting an amendment to the Comprehensive Plan Land
Use Map for three parcels of land equaling approximately S.7 acres and located north of
Boudin Street, south of Co. Rd 42, west of MN Hwy 13, and east of Timothy Avenue.
The proposed amendment would redesignate the subject properties from R-LD (Urban
Low Density) to C-CC (Community Retail Shopping).
BACKGROUND:
Approximately 5.0 acres of the subject area is the site formally occupied by the
Crossroads Church (the church structure remains). The balance of the subject area is
comprised of two residential parcels with single family homes (one previously used by
Crossroads Church as a parsonage).
EFH Realty Advisors, Inc is proposing the amendment to the 2030 Comprehensive Plan
Map in order to allow for commercial development in the future. If the Comprehensive
Plan Amendment is ultimately approved, additional approvals would be necessary before
any commercial uses would be permitted on the site. The applicant would need to submit
applications for the City to consider a Rezoning, Platting of the lots, and likely a
Conditional Use Permit (depending on the proposed future uses). An additional public
hearing would be necessary as a part of these application requests.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The site consists of 5.7 acres (3 parcels total).
www. cityofpriorlake.com
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hone 952.447.9800 /Fax 952.447.4L45
Topography: The topography of this site varies, with elevations ranging from the
highest point of 946' MSL near the center of the three parcels to 920' MSL at the eastern
edge of the site.
Wetlands: The site is subject to the provisions of the State Wetland Conservation Act.
If any wetlands were noted, a specific delineation would be required as part of any
development application.
Access: Access to this properly will be from Boudin Street. \
Utilities: Sewer and water services will be available from the east along Boudin Street
and Commerce Avenue.
Adiacent Land Use and Zoning: To the north of this property is commercial land,
designated as C-NR (Neighborhood Retail Shopping) and R-LD (Urban Low Density).
The northern property is zoned C-1 (Neighborhood Commercial) and R-1 (Low Density
Residential).
To the west (across Timothy Avenue) is low-density residential land, designated as R-LD
(Urban Low Density), and zoned R-1 (Low Density Residential).
To the east (across State Hwy 13) are commercial businesses within a Plamied Mixed Use
Development. This land area is within the City of Savage.
To the south (across Boudin Street) is commercial land, designated as C-CC (Community
Retail Shopping), and zoned C-2 (Community Business).
ANALYSIS:
The applicant is proposing to develop this property for co>.mnercial uses, likely to include
retail, office, and a motor fuel station/carwash. The proposed Comprehensive Plan
Amendment is consistent with this proposal.
Comprehensive Plan goals and objectives which the Staff finds applicable to this request
are as follows:
GOAL: ECONOMIS VITALITY
OBJECTIVE No. 1: Determine and strive for a bcilance of commerce, industry, and
population.
OBJECTIVE No. 2: Encourage a divers~ed economic base and a broad range of
employment opportunities.
OBJECTIVE No. 3: Promote sound land use.
OBJECTIVE No. 4: Maintain high standards in the promotion artd development of
commerce and industr~~.
The proposed C-CC designation is consistent with these objectives. The
proximity of the property to State Hwy 13 (a major arterial road} and location of
I:\09 files\09 comp plan\crossroads\pc report.doc Page 2
nearby adjacent commercial uses would allow for the proposed commercial site to
be economically viable in the fiiture. Policies of these economic vitality
objectives include: "Industrial and cortunercial uses shall be consolidated in
planned areas" and "New development should contribute to the function and
success of adjacent neighborhoods". Following these policies the proposed site
would act as an addition to the existing commercial areas along State Hwy 13 and
service the surrounding neighborhoods.
GOAL: SECURITY
OBJECTIVE No. 2: Provide a•ational transition for compliance with new standards
when a change in ordinance or land use classification is necessary.
According to a specific policy of this objective "Transition between radically
different land uses should be accomplished on the developer's property or by a
natural boundary, an arterial or collector road, and/or through adequate
landscaping." Natural or man-made components used to mitigate and screen the
transition between the residential and proposed commercial site would be further
evaluated as part of any future required site plan and/or conditional use permit
applications.
COAL: HOUSING QUALITYAND DIVERSITY
OBJECTIVE No. Z: Maintain a choice of and etacozarage development of quality
residential environaneatts.
Dtte to the proximity of the proposed site to a nearby residential environment, this
objective is applicable for the proposed comprehensive plan amendment. One of
the policies of this objective states "Avoid or mitigate encroachment by
incompatible land uses that can have a negative impact on the residential living
environment. Mitigation measures include, but are not limited to, the use of open
space, berms, dense landscaping vegetation, and similar buffers." In accordance
of this policy the screening and buffering methods of this proposed commercial
site would be evaluated as part of the any future site plan and/or conditional use
permit applications. Also, the Planning Commission and/or City Council may add
conditions of approval to a land use which requires a conditional use permit.
ALTERNATIVES:
1. Recommend approval of the Comprehensive Plan Atnendtnent as requested.
2. Recommend denial of the request.
3. Other specific action as directed by the Planning Commission
RECOMMENDATION:
l:\09 files\09 comp plan\crossroadslpc report.doc Page 3
The Planning staff recommends Alternative #1.
ACTION REQUIRED:
A motion and second to recommend approval of the amendment to the Comprehensive
Land Use Plan Map designating the property located north of Boudin Street, south of Co.
Rd 42, west of MN Hwy 13, aild east of Timothy Avenue from R-LD (Urban Low
Density) to C-CC (Corrnnunity Retail Shopping).
EXHIBITS:
1. Location Map
2. Concept Plan
3. Comprehensive Land Use Plan Map
l:\09 files\09 comp plan crossroads\pc reporLdoc Aage 4
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
7A
2008 VARIANCE SUMMARY REPORT
JEFF MATZKE, PLANNER
YES X NO-N/A
MARCH 9, 2009
This report provides the Planning Commission with information regarding the 2008 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.
DISCUSSION:
The following table is a summary of variance activity for 2008, and a comparison of activity for
the previous 5 years.
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Number of Applications 5 3 6 8 10 12
Number of Re uests 9 18 14 17 23 16
Requests Approved 9 17 14 13 14 10
Requests Denied 0 1 0 4 9 5
Requests Incomplete 0 0 0 0 0 1
Requests in Process 0 0 0 0 0 0
Re uests Withdrawn 0 0 0 0 0 0
PC Decisions Appealed 0 2 0 2 5 6
PC Decisions Overturned 0 0 0 0 0 2
Number Lots in SD 3 2 4 6 8 8
Number of Ri ariati Lots 2 2 4 6 6 7
Note: If an applicant requested a variance and the Planning Commission approved a reduction of the original request, then it is
represented as one approved request and one denied request in the tables.
www. cityofpriorlake. com
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Table 2 compares the specific types of variance requests in 2008 to the requests for the five
preceding years.
YARIA1~CE~I~~, I»S~1`S
2008
2007• '
200,6
2r~Q5.. ;
2004,
2003• ,
Lot Area 1 2 1 3
Lot Width (Front) 3 1 1
Lot Width OHW)
Front Yard Setback 4 1 2 4 3 5
Rear Yard Setback 1 3
Side Yard Setback 3 4 4 2 1
Side Street Side Yard Setback
Side Yard Setback for walls > 50' 2 1 1
Eave Encroachment 5'
Sum of Side Yard Setback 1 1 1 1 1
15' Building Se aration 1 1 2 2 2
Stricture Setback to OHWM 1 1 5
Bluff Setback 1 2
B1uffIrnpact Zone 1
Im ervious Surface Covera e 1 2 2
Buildin Hei ht
Wall Length/Building Height
Ratio
Accesso Buildin s
Drivewa Setback 3 1 1
Drivewa Width 1
Maximum Drivewa Slo e
Road Access Below the RFPE
(907') 2 1
Parkin Stalls 2 2
Subdivision of contiguous
nonconformin lots 1
Incam lete/Pendin /Withdrawn 0 0 0 0 0 1
The 2008 variance requests are comparable to requests made in the previous 5 years. The
majority of the variances were requested to make improvements in required front and side yards
of existing single family dwellings. The applications with the largest number of requests were
for nonconforming lots.
In 2008, the City adopted the following amendments to the Ordinance text:
1) Section 1107.306 was amended to allow greater flexibility in the proof of parking
regulations thereby reducing unnecessary impervious surtaces on commercial and
industrial sites which do not require the industry standard parking needs.
2) Section 1104.800 was amended to update the references to stormwater planning
documents and define a grandfather period and for existing and future regional
collection and treatment facilities.
1:\09 files\09 variances\08 variance summary pc.doc Page 2
The amendments adopted in 2008 were intended to address specific issues. These
amendments will have no affect on the variance requests received.
The staff has continued to work with applicants to reduce the number of variance requests by
reviewing submitted documents and eliminating requests through plan redesign when possible.
ALTERNATIVES:
1. Accept the report and direct that it be transmitted to the City Council for
information.
2. Direct further study of possible ordinance revisions in response to the
report.
ACTION REQUIRED:
A motion accepting the report, and directing further action revising the report if appropriate.
I:\09 files\09 variances\08 variance summary pc.doc Page 3
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