Loading...
HomeMy WebLinkAboutJuly 13, 2009PLANNING COMMISSION MINUTES MONDAY, JULY 13, 2009 1. Call to Order: Chairman Ringstad called the July 13, 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. 2. Approval of Minutes: The Minutes from the June 22, 2009, Planning Commission meeting were approved as presented. 3. Public Hearings: A. 09-121 Prior Lake-Spring Lake Watershed District is requesting a Conditional Use Permit for the grading and excavation to be done as part of the Prior Lake-Spring Lake Watershed District's Outlet Channel Restoration and Enhancement Project. Planner Jeff Matzke presented the Planning Report dated July 13, 2009, on file in the office of the Community Development/Natural Resources Department. Matzke highlighted three segments of the outlet channel where the work will be completed. Matzke stated this project totals approximately 500 cubic yards located on City of Prior Lake Property, YMCA camp property, and along several easements that cross privately owned property. Matzke invited Mike Kinney with the Prior Lake-Spring Lake Watershed District to talk further about the project. Mr. Kinney explained that the outlet channel restoration project has been in the works for 10 years and the Watershed District is now preparing to finalize the plans and move into construction this fall. Kinney explained the objectives are to make sure there is enough capacity for conveyance of water through the channel, to complete the project while limiting the amount of construction activity, and to make it look natural. Kinney went on to explain the work that will be completed on each segment of the channel. Kinney mentioned that the Watershed District, with guidance from the City, is trying to minimize any disturbance or removal of trees larger than eight inches within close proximity to the channel. Kinney stated the overall project cost is just under $500,000 and choosing this design will save the two cities, the SMSC and the Watershed District roughly $2.5 million. Kinney added those portions of the channel that are in good condition will be left alone and will undergo frequent monitoring. Questions from the Commissioners: Billington asked to what extent the DNR is involved in the project. Kinney replied permitting only. Billington asked if there are any concerns regarding cutting down trees and the adverse affect on neighboring properties. Kinney replied that most of the trees in the area are fairly immature. Kinney mentioned the Watershed District has asked City Staff to identify trees they would like to remain in the area. Kinney added the current design reduces the amount of excavating, thus reducing the number of trees that will be removed. Kinney highlighted there will not be any trees removed in segment 2, and in segment L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc Planning Commission Meeting July 13, 2009 4 the property owners have asked that all infected trees be removed due to the number of box elder bugs. Kinney added there are a few oak and other trees that will remain and new trees will be planted. Howley commented that in segment 4 the report states that all proposed work will be completed within property often private land owners; however work will be completed within existing easements of nine of the land owners. Howley asked if there is one easement that is outstanding? Kinney replied one of the property owners has not come to an agreement as to correcting the easement. Kinney stated that the channel and the easements are not in line each other. Kinney explained the Watershed District completed the survey work and offered to complete all legal aspects of the work. Kinney stated that the Watershed District feels they are doing the property owner a favor to remove the possibility of an errant easement on the property if they were ever to sell. Kinney added the attorney handling the project believes the Watershed District has a prescriptive easement, it's just a matter of establishing a good relationship with the property owner. Planner Matzke clarified the property Howley is referencing is in the City of Shakopee. Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6:20 p.m. Comments from the public: Mona Hanson, 4250 140`" Street, lives just east of the easement road to the park. Hanson asked if there is a need to widen the road to the property located at 4270 140' Street for equipment transfer, etc. Kinney replied the Watershed District does not anticipate any additional tree removal along that road. Kinney stated the road width has not been measured for purposes of getting trucks and excavating equipment into the area. Kinney recalled some excavating that was done in the Pike Lake area a few years ago and remembered that transporting equipment was not a problem and doesn't anticipate any problems this time. Jerry Miller, 13151 Pike Lake Trail, has a concern regarding one of the easements in segment 4 that is located on his property. Jerry would not like to see additional easement taken because there is not much room there as it is. Jerry stated that over the years the channel has moved due to work the Watershed District has done. Jerry would like the channel to remain on the easement when the work is complete. The public hearing was closed at 6:25 p.m. Commissioner Comments: Perez: • There has been a great deal of due diligence put into this complex project involving various entities. • Looks like a good plan and agrees with staffls report. • Supports. Billington: • Satisfied with the staff report. • Supports. Howley asked staff why the grading permit is not included with the CUP. Planner Matzke replied that the City has received an application for a grading permit and because the area is over 400 cubic yards CUP approval needs to be given by the Planning Commission prior to approval of the grading permit. Howley • Thinks this is a good plan. • Would like to see that communication stays intact within the property owners along the project. • Supports. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc 2 Planning Commission Meeting July 13, 2009 Ringstad • Agrees with fellow Commissioners. • This is a well thought out plan. • Agrees with the staff report that all eight CUP criteria have been met. MOTION BY BILLINGTON, SECONDED BY HOWLEY, TO APPROVE RESOLUTION 09-01 APPROVING THE CUP, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicates ayes by all. MOTION CARRIED. B. 09-120 Prior Lake/Savage Area School District is requesting an Interim Use Permit to allow an alternative school on the site located at 15875 Franklin Trail SE. Planner Jeff Matzke presented the Planning Report dated July 13, 2009, on file in the office of the Community Development/Natural Resources Department. Matzke described the request for an Interim Use Permit and the conditions that accompany the request. Matzke described the site building as well as adjacent uses and current zoning. Matzke reviewed the number of parking spaces indicating the site meets the parking requirements. Matzke expressed concern that parking may become an issue if vacant spaces in the building are leased to tenants with high intensity parking needs. Matzke stated staff recommends the school be allowed as an interim use for five years with the ability to apply for an extension for up to a maximum often years. The public hearing opened at 6:37 p.m. Comments from the public: David Lund, Principal of Prior Lake High School, approached the podium for questions from the Commissioners. Billington asked if the alternative school settings are typical of high school operation. Lund replied in his experience with area learning centers it's the expectations set forth by the school. Lund stated that there is a high school just down the road with 2,300 students that has a good reputation. Lund believes it's the community and schools expectations and anticipates no different from the area learning center. Lund reiterated that it is setting those expectations for the students and holding them accountable for their actions. Perez asked if they currently monitor the parking lot at Prior Lake High School. Lund replied that they have a liaison officer on site and between the officer, Lund and the assistant principal they monitor it the best they can. Lund highlighted that students that attend the area learning center can ride their normal routes to the high school and pick up a shuttle that will take them to the area learning center. Lund stated that the area learning center in Lydia has 48-50 students with about a dozen cars on site. Lund added that each person who parks on site will have to register their vehicle with the area learning center. Lund stated that parking and transportation will be monitored very closely. Billington asked what the student teacher ratio will be. Lund replied that it will be no more than 20:1 to begin with and hopes to get near 12:1 to 15:1 as the program grows. Ringstad asked if there is going to be extensive tenant improvements done to the space and if there will be a food service on site. Lund stated that a food service program is in the works and will be accommodated by the food service in other District buildings. Lund added they are planning a closed lunch and will create L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc 3 Planning Commission Meeting July 13, 2009 food options in accordance with the District. Lund indicated the space is move-in ready with the exception of a few minor improvements the landlord is doing. Howley asked if the shuttle will drop students off on Franklin Trail or if it will pull into the parking lot. Lund stated that currently the plan is to drop off on Franklin Trail. Lund added the District is aware that there are retail tenants in the building and are trying hard not to encroach on their operations. Howley commented that there is a sidewalk along Franklin Trail, however it is not connected to the building. Howley asked if it was possible to have a sidewalk connection to the building. Lund replied that this is a concern of District's as well. Perez asked if vacant spaces in the building become occupied in the future will the area learning center require the students to park at the high school and shuttle to the location. Lund replied yes that is possible. Lund added the District has also considered using some of the elementary school parking spaces to the east of the site and creating a sidewalk down to the area learning center. Perez asked if Lund has discussed these parking alternatives with the landlord. Lund replied he has discussed these options with his planning team but not the landlord. Lynn Robson from Greystone Commercial (representing the landlord at Northgate Center) welcomed any questions from the Commissioners. Lynn added that an engineer can certainly look at the turning ratios for the shuttle that the District is looking to use. The public hearing was closed at 6:47 p.m. Commissioner Comments: Billington • Very satisfied with the responses from the applicant, the report, and staff. • Supports. Howley • Agrees with the findings. • Ok with the 5 year term. • Supports. Perez • Concerned with transportation and future parking issues. • Acknowledged the location within the building is ideal. • Satisfied with the plan. • Stressed the need to make sure there are no negative impacts to current or future tenants. • Supports. Ringstad • Agrees with Commissioners. • This looks like the perfect situation for both the school and landlord. MOTION BY PEREZ, SECONDED BY BILLINGTON, TO RECOMMEND APPROVAL OF AN INTERIM USE PERMIT TO ALLOW AN ALTERNATNE SCHOOL IN THE C-2 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicates ayes by all. MOTION CARRIED. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc 4 Planning Commission Meeting July 13, 2009 This item will go before the City Council on July 20, 2009. 4. Old Business: None 5. New Business: A. 09-118 Habitat for Humanity is requesting the transfer of City land for a future Habitat for Humanity site. The site is located at 3631 170`h Street. Community Development/Natural Resources Director Danette Parr presented the Staff Report dated July 13, 2009, on file in the office of the Community Development/Natural Resources Department. Parr explained the possible opportunity the City has to partner with Habitat for Humanity for future construction or relocation of a home on City owned property. Parr highlighted that Scott County acquired this property in 2007 as part of the County Road 12 project. The County conveyed the property to the City and deferred the City's contribution to the right-of--way acquisition until the City sold the property as part of phase 2 of the County Road 12 project scheduled to begin in 2010. Parr added at which time the City will owe the County $100,000. Questions from the Commissioners: Howley asked staff if this is a legal conforming lot. Parr replied yes. Howley asked if the driveway will come off Stonebriar. Parr replied yes. Perez asked if Habitat for Humanity has encountered a similar situation involving a transfer of money for land. Parr stated Habitat for Humanity has transferred money in exchange for land. Parr could not comment on specific communities or the amount of money involved. Ringstad asked Chad Dipman of Habitat for Humanity if there is a possibility that Habitat for Humanity could provide some level of compensation for the land. Dipman replied that he can't make that decision himself. Dipman added Habitat for Humanity could defiantly take it into consideration as there may be some funding available from the State. Commissioner Comments: Howley • The project definitely meets the goals of the Comprehensive Plan. • Thinks this is a fantastic idea. • Thinks the land should be transferred to Habitat for Humanity, but compensation is different question. • Believes there needs to be some negotiations with Habitat for Humanity before a decision to transfer the land takes place. • Thinks the City should absolutely get something in return for the land, but doesn't know where to begin on deciding a number. Perez • Agrees with Commissioner Howley. • The City does have a need for entry leveUmedian income homes. • Staff has been looking for opportunities where the City can meet the strategic plan and this seems to be the answer. • This is the direction the City wants to go. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc 5 Planning Commission Meeting July 13, 2009 • Tough to put a number on the compensation. • With funding from the State there is some opportunity to make this work. Billington • Likes this proposal and thinks Habitat for Humanity has done great work around the country. • Thinks it would be a good step for Prior Lake and sees no problems with the proposal. • The City's fiscal situation and budget pressure is a real challenge. The City would be hard pressed if it were to donate the property at the present time. • Views the appraisal of $58,000 should be a starting point in determining compensation for the land. • The City could be criticized for recommending donation of the land given its current fiscal situation. • The citizens/tax payers of Prior Lake deserve some compensation for this land. The City has a $100,000 bill to pay in 2010. • Likes the project and supports the idea, however the City and Habitat for Humanity need to come to terms with some sort of compensation. Ringstad • Agrees with everything that's been said. • There is no question that this fits with the Comprehensive Plan. • This lot is an asset to the City and tax payers. Will not support handing this land over with out any sort of compensation. • The City could list this property with a realtor and get some money that is needed. A few years back when building permits were high these types of donations probably wouldn't stand out as much. • Encourages City Council to consider something that would come back to the taxpayers. • Hopes that something can be worked out through some of the money that is available through the State. This item will go back to the City Council on August 3rd or August 17"', 2009. 6. Announcements and Correspondence: Parr clarified that the next Planning Commission meeting will be held on July 27, 2009 and will include the Conditional Use Permit and Combined Preliminary/Final Plat applications received from EFH Realty Advisors, Inc. 7. Adjournment: The meeting adjourned at 7:15 p.m. Michelle Czycalla, Community Development Assistant L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN071309.doc 6