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HomeMy WebLinkAboutJune 22, 2009PLANNING COMMISSION MINUTES MONDAY, JUNE 22, 2009 1. Call to Order: Chairman Ringstad called the June 22, 2009 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Fleming, Perez, Billington, Howley and Ringstad, Community Development/ Natural Resources Director Danette Parr, and Community Development Assistant Michelle Czycalla. 2. Approval of Minutes: The Minutes from the June 8, 2009, Planning Commission meeting were approved as presented. The Commissioners recommended modifying the agenda to first discuss item SA: The Shakopee Mdewakanton Sioux Community (SMSC) application for the renaming of Oakes Lane scheduled under New Business. Community Development/Natural Resources Director Danette Parr presented the Staff Report dated June 22, 2009, on file in the office of the Community Development/Natural Resources Department. Parr explained that the SMSC is requesting Oakes Lane be renamed to Credit Union Drive. Parr stated that all street renaming requests are reviewed by the Prior Lake Police Department, Fire Department, and City Staff for public safety concerns and consistency with the City's street renaming policy. Parr added to the north of Oakes Lane is Prior Lake's Sterling South Second Addition and to the south is SMSC tribal land. Parr highlighted that Oakes Lane is currently maintained by the SMSC and is City of Prior Lake right-of- way. Parr added that Oakes Lane is continuous from Dakota Parkway to the west and becomes Orion Road to the south, both of which are within SMSC tribal land. Parr stated the renaming of the street will affect the addresses of those properties that front Oakes Lane, which includes only the South Metro Credit Union. Parr emphasized the remaining properties along Oakes Lane have primary access from other streets and should the name change be approved, new street signs will be ordered and installed at both ends of the street. Parr mentioned that the City has a street naming policy. However this is an unusual situation because the street is adjacent to the tribal nation, the SMSC currently maintains the street, and there are no developments in Prior Lake that have access directly from the street. Staff believes that it would be appropriate to grant the name change. Questions from the Commissioners: Perez asked if there was any public input or suggestions. Parr responded the only recommendation the City received was from the SMSC. Comments from the Commissioners: Fleming agrees that this provides a unique identifier for the area and will support the street renaming. Perez agrees with staff and will support. Billington supports staffs recommendation. Howley sees no problems with the name change and will support it. L:\09 FILES\09 PLANNING COMIvIISSION\09 MINUTES\MN062209.doc Planning Commission Meeting June 22, 2009 Ringstad agrees with the Commissioners that the name change is consistent and will support staffs recommendation. MOTION BY BILLINGTON, SECOND BY FLEMING TO RECOMMEND THE COUNCIL APPROVE A CHANGE TO THE STREET NAME THAT IS CONSISTENT WITH THE STREET NAMING SYSTEM. Vote taken indicates ayes by all. MOTION CARRIED. This item will go before the City Council on July 20, 2009. 3. Public Hearings: A. The purpose of the public hearing is to consider an amendment to Sections 1101 and 1102 of the Zoning Ordinance to allow an Alternative Learning Center as a permitted interim use in the General Business (C-2) Zoning District. Community Development/Natural Resources Director Danette Parr presented the Planning Report dated June 22, 2009, on file in the office of the Community Development/Natural Resources Department. Parr explained that the first amendment is to Section 1101 (General Provisions to the Zoning Code) which would add a defmition for a land use known as an "alternative school". The second amendment is to Section 1102 (C-2 General Business Use District) which would allow for an alternative school to be a permitted interim use. On June 1, 2009 the City Council amended the Zoning Ordinance to allow future consideration of interim use permits. As a part of that amendment two processes need to take place to allow for an interim use; first the Zoning Ordinance must be amended to permit the interim use within a specific zoning district, then the applicant must submit an application for an interim use permit pertaining to a specific site. Questions from the Commissioners: Ringstad asked if there is an alternative school currently in Prior Lake. Parr responded that there is not an alternative school within the City. Parr added that the City does allow similar uses in its commercial areas, however they do not meet the definition of an alternative school (i.e. karate school). Parr highlighted that the City recently received an interim use permit application from the Prior Lake/Savage Area School District for a site that previously housed an alternative school however they have vacated the site for a number of years and are looking to return to the building legally. Ringstad asked that Parr describe the word interim and if the user needs some sort of assurance that the interim use permit is not going to be pulled. Parr explained that the definition of "interim" is somewhat subjective. State Statute requires an interim use term length cannot be more than ten years. Parr went on to say that the termination date can be tied to a specific date or specific event. Parr stated that discussions with the District have indicated that it is not cost effective for the District to lease retail space for a long period of time due to the associated costs versus other types of space. Parr explained that due to a recent referendum the District is not allowed to build an additional building to meet their needs. Parr believes one of the things the District may ask for is that the alternative school use termination to be tied to a specific event, such as a future referendum. Parr clarified that there are no assurances, if the District does not abide by the approved interim use permit it can be review and pulled if necessary. L:\09 FILES\09 PLANNING COMMISSIOM09 MINUTES\MN062209.doc 2 Planning Commission Meeting June 22, 2009 Billington questioned the definition of an alternative school in the State Statute and asked what the predominate age group and hours of operation will be for the alternative school. Parr explained that the term alternative school came from the American Planning Association Publication of Definitions. Parr believes the students will be of middle and high school age and the school will operate during normal business hours with the possibility of running later into the evening (7:00 p.m.) to accommodate evening classes. Parr highlighted that all the interim use permit specifics will come before the Commission at the July 13, 2009 meeting. Perez questioned the permit extension stating the definition sounds as though ten years is the maximum length, however the way it is written it may be interpreted that the extension can be ten years as well. Parr clarified that the language came directly from the State Statute and according to the City Attorney the length is ten years maximum. Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6:20 p.m. Comments from the public: NONE The public hearing was closed at 6:21 p.m. Commissioner Comments: Howley: • Clarified that these amendments are just allowing the review of such applications. • Does not have a problem with these amendments. Billington: • Has no difficulty with the amendments. • His questions will be directed toward the applicant at a future date. Perez: • Agrees with staffs findings and will support. Fleming: • Agrees with staffs recommendations and believes that the amendments appropriately support an alternative learning school within the City. • Acknowledged that there will be time to approach that applicant with specific questions at a later date. • Will support the amendments. Ringstad: • Clarified there will be a case by case opportunity to review proposed sites. • Believes that there is a need for this amendment and views this as a win-win situation for both an alternative school within the community and the ability to lease some vacant commercial space. • Supports the amendments. MOTION BY PEREZ, SECONDED BY FLEMING, TO RECOMMEND THE COUNCIL APPROVE AN AMENDMENT TO THE CITY ZOMING CODE IN SECTIONS 1101 AND 1102. Vote taken indicates ayes by all. MOTION CARRIED. This item will go before the City Council on June 29, 2009. 4. Old Business: None L:\09 FILES\09 PLANNING COMIVIISSION\09 MINUTES\MN062209.doc 3 Planning Commission Meeting June 22, 2009 5. New Business: (The Shakopee Mdewakanton Sioux Community application for the renaming of Oakes Lane was moved as the first discussion item by the Planning Commissioners). 6. Announcements and Correspondence: Parr clarified that the next Planning Commission meeting will be held on July 13, 2009 and will include: • Combined Preliminary/Final Plat and Conditional Use Permit applications received from EFH Realty Advisors, Inc. • Interim Use Permit application received from the Prior Lake/Savage Area School District 7. Adjournment: The meeting adjourned at 6:24 p.m. Michelle Czycalla, Community Development Assistant L:\09 FILES\09 PLANNING COMNIISSION\09 MINiJTES\MI~I062209.doc 4