HomeMy WebLinkAboutJune 8, 2009PLANNING COMMISSION MINUTES
MONDAY, JUNE 8, 2009
1. Call to Order:
Chairman Ringstad called the June 8, 2009 Planning Commission meeting to order at 6:00 p.m. Those
present were Commissioners Perez, Billington, Howley and Ringstad, Community Development/ Natural
Resources Director Danette Parr, Planner Jeff Matzke, and Community Development Assistant Michelle
Czycalla.
Ringstad stated that Commissioner Fleming will be late to the meeting.
2. Approval of Minutes:
The Minutes from the May 26, 2009 Planning Commission meeting were approved as presented.
3. Public Hearings:
A. 09-107 EFH Realty Advisors, Inc. is requesting to amend the Zoning Map designation on
approximately 5.7 acres (3 parcels) of property from R-1 (Low Density Residential) to C-2
(Community Business). The subject property is located at 14311 Timothy Avenue NE, 14291 Timothy
Avenue NE, and 6880 Boudin Street NE.
Community Development/Natural Resources Director Danette Parr presented the Planning Report dated
June 8, 2009, on file in the office of the Community Development/Natural Resources Department.
Parr stated that the site is designated C-CC (Community Retail Shopping) on the 2030 Comprehensive
Land Use Map, which is consistent with either C-2 or C-4 zoning. Parr stated that this public hearing is
specifically for the rezoning application and comments regarding site specifics will not be heard at this
time.
Parr highlighted that the City adopted a new Zoning Ordinance effective June 1, 2009 which combines the
old C-2 and C-4 Zoning Districts into one. Parr added this public hearing is taking place as a procedural
step because EFH Realty Advisors, Inc. submitted a complete application prior to June 1, 2009. Parr
highlighted the allowed land uses that apply to the site (Code in effect at this time) and those uses that
require a Conditional Use Permit under the Zoning Code. Parr added that the site must adhere to the criteria
in effect at the time the complete application was received, thus the criteria (setbacks, etc) of the old C-2
Code applies to this site.
Planner Jeff Matzke highlighted the permitted uses, permitted uses with conditions and uses permitted by a
Conditional Use Permit in the new C-2 Zoning District.
Parr added that permitted uses and permitted uses with conditions may not necessarily fit a site due to the
size of the site, setbacks, etc. Parr highlighted that the proposed C-2 zoning is consistent with the 2030
Comprehensive Plan Land Use Map and based on the findings staff recommends approval.
Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6:12 p.m.
Gene Happe, owner of the subject property, stated he believes staff has laid out the proposal well and
indicated he will be available to answer any questions the Commissioners has.
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Planning Commission Meeting
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Jeff Phalen, 14271 Timothy Avenue NE, stated that the Commission has three options; (1) approve the C-
2 rezoning, (2) to deny the C-2 rezoning, or (3) take other specified action as directed by the Planning
Commission. Mr. Phalen spoke on behalf of his family and the Boudin Association Neighbors when asking
the Commissioners to exercise option three and change the zoning of the property to C-1. Phalen stated
while C-1 zoning is mildly inconsistent with the Comprehensive Land Use Plan, it was the City Council
that stated they would like to see this development proceed providing it have the look and feel of a
neighborhood like development. Phalen asked the Commissioners to follow the guidance of the City
Council and change the zoning to C-l .Phalen added that the C-1 zoning would fall in line with the
properties to the north and still allow the development to proceed as proposed with some reasonable
limitations. Phalen also stated that the C-1 zoning will afford the neighborhood with the inherent
protections that the C-1 Zoning Ordinance requires and that were promised by the City Council. Phalen
explained the Commission has an opportunity to establish some semblance of a reasonable transition which
the Comprehensive Land Use Plan and the Zoning Ordinance call for. Phalen added that the Commission
has the opportunity to offer some real change and protect the residents of this great City. Phalen asked the
Commissioners to elect option three and move to a C-1 zoning.
Tony Stapleton, 6807 Boudin Street, stated he has a significant concern that the rezoning of the site from
residential to commercial will put a heavy burden on the surrounding residents. Stapleton moved to
Minnesota a year and a half ago when this site was a church and doesn't think anyone in the audience
would approve of any kind of commercial on this site. Stapleton stated he does understand that tax revenue
for a City like Prior Lake is important, however he doesn't believe that the City has done or shared
anything that would help the resident in this area absorb the weight and responsibility by changing the
zoning of this site to commercial. Stapleton stated he doesn't believe that the neighborhood can retain its
residents and asked what the City will do for the residents adjacent to the site. Stapleton added he is not
happy with the commercial uses that already exist next to his property and he is not looking forward to this
church site being rezoned. Stapleton asked what the City is going to do to offset some of the negative
effects from this site going from residential to commercial. Stapleton added there are no sidewalks in the
area, you have to walk your dog or children on the street, and the transient traffic that will be introduced
will be significant. Stapleton invited the developer to a Watersedge Association meeting to address specific
concerns. Stapleton also added the streets are in disrepair in the area. He concluded by asking if the
residents have to accept commercial zoning what is the City and applicant going to do so the responsibility
doesn't totally rely on the residences and tax paying citizens of Prior Lake that live next to the subject
property.
Sandee Wright, 14300 Timothy Avenue, stated that she is here with Mr. Phalen and the rest of the
neighbors to ask the Commission to consider C-1 zoning. Wright stated several neighbors met with the
developer Wednesday, June 3, 2009, where Mr. Happe educated the neighbors on how much control the
developer, the residents and the City have regarding the development of this site. Wright stated that Mr.
Happe taught them that the City has most of the control. Wright added that although the residents have
already lost in the Comprehensive Land Use change, this is another opportunity for the Commission to help
the residents balance and control some of what goes on at this site. Wright commented there are homes that
are going to stare down at whatever is placed on the property and from the moment development begins,
the residents are the ones that will be living with it. Wright mentioned that because of the decisions that the
Planning Commission and City Council are making the residents are bearing the brunt of spending their
time trying to understand how to protect their homes. Wright highlighted that there has been promises from
the Planning Commission and City Council that they are good at taking care of the neighbors and make
things work out fairly. Wright added that there is no one else to depend on but the Commission to follow
through on these promises. Wright stated that the residents are just trying to live in this wonderful
neighborhood however they are totally dependent on the decisions made by the Planning Commission and
City Council. Wright admitted she no longer has control over her family's future, it is now in the hands of
the City and a developer. Wright asks that the Commissioners to consider her statements when making their
decisions.
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Tyanne Riegle, 14200 Rutgers Street, stated she moved to the neighborhood six and a half years ago for
the park, the lake, the nearby grocery locations, and the minimal traffic. Riegle stated she has several
neighbors she is watching because they race in and out of the neighborhood and she fears for the safety of
the children in the neighborhood and all those people walking on the streets. Riegle stated she frequently
walks through Boudin Park to Timothy Street crossing Highway 13 to get to Target or the grocery store.
With this proposed development she will not be able to do that anymore. This is the first time Riegle has
spoken, however she believes it wouldn't have made a difference if she had earlier. Riegle stated she plans
to live in the neighborhood for the rest of her children's school career and asked why the neighbors have to
accommodate what is developed at the site. Riegle questioned why the neighborhood families are being put
at risk and why are their homes area being lowered in value. Riegle mentioned that people love the
neighborhood because it's a niche, its quiet, and it's barely accessible. Riegle stated she also has a dock at
the Boudin Association and is concerned about people parking their boats at those docks to access the
development. Riegle added that people are already parking their boats on their private docks to access the
MGM liquor store and questioned how many more boaters this gas station is going to attract. Riegle
highlighted that there are no sidewalks or posted speed limits in the neighborhood. She is not happy and
believes the City has done a poor job of considering the people that live in the neighborhood. Riegle asked
the Commissioners what they would do if they lived in this neighborhood and asked them to consider
something better than what has happened so far.
Mary Quinn, 14160 Rolling Oaks Circle, asked when is this going to end. Quinn stated that if the City is
going to rezone the site to a designation beyond what the neighbors who live in the area are asking for she
wonders when this is going to end. Quinn stated that there are elderly residents with homes near the site
and asked if at some point the commercial designation will extend beyond this site. Quinn commented on
the building that is for sale on Boudin Street and questioned if that's going to be torn down and
redesignated as well. Quinn asked that the Commissioners listen to the neighbors; they are the ones that
have to live near this development. Quinn commented that this is not a gas station in a new development,
this is a gas station in an established neighborhood. Quinn asked if the Commissioners would like to live
next to a gas station. Quinn believes that this commercial designation is not going to end here; it has the
potential to go all the way down to the lake.
Gene Happe, owner of the subject property, gave what he referred to as a history of the site, stating he first
sat down with the City in June of 2007. Happe said that at that time he was told that the neighbors had been
informed that this site would ultimately become commercial and was encouraged to come forward with the
G2 zoning. Happe added that in most cases it takes about a year to put a project together, which is what
happened here. Happe stated after receiving word from the City that this will become commercial property
he went on to negotiate with the church. After it looked as though Happe's group could purchase the site,
the development process began. Happe commented that the site is not up to Code to put in another church
so this was the obvious way to go. Happy stated that he offered to purchase the church site and three
residential properties, one of which would not be sold to a developer and ultimately became Mr. Phalen's
home. Happe stated that some of those who spoke tonight moved into Prior Lake within the last year and a
half when it was common knowledge that this site was going to become commercial and had they done
their due diligence they would have been told that. Happe added that the view from Mr. Phalen's home
consists of the Edina Realty office building, Target, Applebee's, a Perkins restaurant and a major
intersection with stoplights. Happe stated that in his meeting with the area residents, the emphasis was how
to block this view so the homes left do not have to look at the development.
Commissioner Ringstad interrupted Mr. Happe stating that this public hearing is for the rezoning of the
property and not site specifics.
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Planning Commission Meeting
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Happe concluded stating that he followed what he was told by the City, that this was intended to be
commercial property. Happe stated that the C-1 zoning will not accomplish what he is asking for and the C-
2zoning is needed.
Sandee Wright, 14300 Timothy Avenue, stated she thinks it's important to set the public record clear
about what the neighborhood knew. Wright stated that a few years ago the neighborhood received a letter
that welcomed them to a meeting to discuss "the future of their neighborhood". Wright added that the
majority of the neighborhood showed up to this meeti-1g wondering what this meant. Wright stated that at
that meeting City Manager Frank Boyles asked if this neighborhood should remain residential. Wright
stated that several neighbors stood up at the meeting and said, without a doubt, they would like the
neighborhood to remain residential. Wright highlighted that the residents never received information about
what was in the plans for the site. Wright added that residents in the neighborhood appreciate it location,
the maturity of the trees, and the size of their yards, all things you can't get in other developments in Prior
Lake. Wright stated she would like to see minutes from the meetings where residents were told that this site
was going to become commercial. Wright recalled the neighborhood rebuttals to changing this site from
residential to commercial.
Tony Stapleton, 6807 Bot-din Street, stated that he wishes the parcel would be a park, a library or a
church. Stapleton asked what the City and the applicant can do to make this a palatable rezoning for the
citizens adjacent to the site. Stapleton stated the residents in the neighborhood pay their taxes on time and
paid a good amount of money for their properties. Stapleton added that if this site is zoned C-2 or C-1 the
City might be surprised what the residents of the neighborhood will ask for to make this more palatable for
them. Stapleton stated he has a few requests himself if this site contains a gas station
The public hearing was closed at 6:44 p.m.
Commissioner Comments:
Perez:
• Appreciates everyone's comments.
• Co-nmented on Mr. Phalen's request for the C-1 zoning stating we have already been there.
• This proposal is looking to bring this site consistent with the Comprehensive Land Use Map
• The area has changed and we need it to become consistent.
• Supports staff findings.
Fleming:
• Thanked Mr. Happe for covering the history of the project and added he fot-nd Happe's comments
suggesting the neighbor's common knowledge of the site to be somewhat disrespectful.
• Encouraged Tyanne to take her concerns regarding speed limit signs and potholes up with City
Manager Boyles and his staff.
• Invited Mr. Phalen to the podium to speak to the promises that he stated were made to him regarding
this matter.
Mr. Phalen stated he recalls hearing that this would be a very transparent process; that the neighbors would
be intimately involved as this development proceeds; that there would be a number of future opportunities
to discuss the rezoning, platting and conditional use process; and that the City had an interest in protecting
the neighbors and striking a balance. Phalen added that he understood that the neighbors would not have
the burden of fighting and part of the Planning Commission and City's role is to protect the neighbors
while tying to strike a balance.
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Planning Commission Meeting
June 8, 2009
Fleming:
• Asked staff to display the permitted uses for C-1 zoning. Matzke displayed and read the permitted uses,
permitted uses with conditions, and permitted uses with a Conditional Use Permit under the C-1 Zoning
District.
• Agrees with Commissioner Perez's comments and recognizes tonight's decision is an important one.
• Plans to support staff's proposal.
• Called the audiences attention to page six of the planning report and highlighted the last sentence of the
Amendment Findings section as assurance from the Planning Commission and City Council to the
neighbors.
Billington:
• Is in agreement with the staff report and will support the zoning change.
Howley:
• Appreciated the public comments on the issue.
• Recognized that the site is now C-CC and this proposal follows the guide plan.
• Will not be supporting this proposal.
Ringstad:
• Agrees with most of the Commissioners comments.
• Highlighted that the Comprehensive Plan Amendment was consistent with the surrounding properties
with exception to the west and the C-2 zoning coincides with the adjacent zoning to the south.
• Thanked everyone for their keeping comments on the subject and attending the meeting.
• Invited everyone to the platting/conditional use permit public hearing to discuss the site.
• Highlighted that even though the residents feel they have lost, there are still opportunities in the future.
• Will support the proposed zoning change.
MOTION BY BILLINGTON, SECONDED BY FLEMING, TO RECOMMEND APPROVAL OF A
ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONING OF THE SUBJECT PROPERTY
FROM R-1 TO C-2.
Vote taken indicates ayes by Fleming, Perez, Ringstad and Billington. Howley opposed.
MOTION CARRIED.
This item will go before the City Council on June 15, 2009.
4. Old Business: None
5. New Business: None
6. Announcements and Correspondence:
Parr highlighted two items that will be covered at the June 22, 2009 Planning Commission meeting:
1. Street renaming request received from the Shakopee Mdewakanton Sioux Community
2. Consideration of an application for an Ordinance Amendment to allow an Interim Use in the
C-2 Zoning District.
7. Adjournment:
The meeting adjounled at 6:59 p.m.
Michelle Czycalla, Community Development Assistant
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