HomeMy WebLinkAbout04 25 2011 PC Meeting MinutesPlanning Commission Meeting Minutes
April 25, 2011
PLANNING COMMISSION MINUTES
MONDAY, APRIL 25, 2011
Call to Order:
Acting Chairman Billington called the April 25, 2011, Planning Commission meeting to order at 6:00
p.m. Those present were Commissioners Roszak, Perez, Billington, and Howley, Community
Development & Natural Resources Director Danette Parr, Planner Jeff Matzke and Development
Services Assistant Joe Sortland. Commissioner Fleming was absent.
2. Approval of Agenda:
MOTION BY HOWLEY, SECONDED BY ROSZAK TO APPROVE THE APRIL 25, 2011 MEETING
AGENDA AS PRESENTED.
VOTE: Ayes by Howley, Billington, Perez and Roszak. The motion carried.
3. Consider Approval of March 14, 2011 Meeting Minutes:
MOTION BY HOWLEY, SECONDED BY PEREZ TO APPROVE THE MARCH 14, 2011 MEETING
MINUTES AS PRESENTED.
VOTE: Ayes by Howley, Billington, Perez and Roszak. The motion carried.
4. Public Hearings
A. #EP 11 -101. An amendment to the Comprehensive Plan for approximately 16 acres of property
commonly known as the Snell property located northeast of the intersection of CSAH 21 and
Fish Point Road.
Planner Matzke presented the land use amendment request to the comprehensive plan for the
proposed subdivision known as Eagle Creek Estates. The use is currently agricultural. The current
land use is Business Office Park (C -BO) and Urban Low Density (R -LD). The land use being requested
is Community Retail Shopping (CC -C) and Urban Low Density (R -LD). Fish Point Road will be
extended when the site is eventually developed. The business office park land use would be slightly
decreased in the case of a land use change. The proposed CC -C use would allow for more general
retail rather than C -BO use.
Questions from the Commissioners:
Howley asked if a comprehensive plan amendment would be required if the land use acreage
remained the same but overlaid future parcels with differing land use.
Matzke answered that there is the potential for a minor land use amendment in such an instance if the
acreage was remaining the same. Matzke added that the proposed site plan for Eagle Creek Estates is
still conceptual and the boundaries of the proposed land uses would be very similar to those which
currently exist.
Howley asked what process would be used if the site plan they approve differs from a future site plan.
Matzke answered that the process would involve a minor land use amendment.
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Ray Brandt, 1711 West 143r Street #331, Burnsville, of Equity Properties, presented himself for
questions.
A MOTION WAS MADE BY HOWLEY AND SECONDED BY HOWLEY TO OPEN THE PUBLIC
HEARING.
VOTE: Ayes by Billington, Perez, Roszak and Howley. The motion carried.
The Public Hearing began at 6:20 p.m.
Comments from the Public:
Victor Noer, 5527 Highpointe Court SE, asked about the timing of the Eagle Creek Estates.
Matzke said that the comprehensive land use amendment is the first phase of process for the Eagle
Creek Estates.
Brandt answered that they are moving as quickly as they can. Their intent is to begin building houses
by the end of the year. After the City Council approves the land use amendment it goes to the
Metropolitan Council, and then preliminary plat and rezoning will be submitted to the City. Brandt
hopes to receive approval around July or early August.
Billington asked about the segments of Eagle Creek Estates.
Brandt said the first segment is 25 residential lots. The commercial would be contingent on the 25 lots
being sold and built. He estimated the first home and commercial would begin construction October of
2011.
Noer asked about the Fish Point Road extension.
Brandt answered that the Fish Point Road extension would be completed sometime in 2012.
Noer asked about trees along the edge of the existing adjacent subdivisions.
Matzke answered that the preliminary plat review will address the trees and will involve a public
hearing, which would be sometime in June at the earliest. The plat would require staff approval before
any trees could be removed. The specifics of Eagle Creek Estates would be worked out during
preliminary plat approval. The approval of the land use amendment request would be required prior to
preliminary plat approval.
Noer said that people travel very quickly on Fish Point Road and asked about speed limiting devices.
Matzke answered that the City Engineer would review the proposed extension for Fish Point Road.
Noer asked if there are plans for townhomes or apartments in Eagle Creek Estates.
Matzke answered that Eagle Creek Estates concept plan currently indicates only single family
residential with minimum 12,000 square foot lots.
Noer asked if a change in the proposed density of Eagle Creek Estates would require a public hearing
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Matzke answered that townhomes resulting in higher density would require a public hearing and any
require future plat would require City Staff review.
Joan Freak, 5379 Brooks Cir SE, said asked if an expansion to the Brooksview Hills Park would be
sufficient for the number of proposed homes in Eagle Creek Estates.
Matzke answered that the details of the park expansion would be reviewed during preliminary plat
review. An upgrade of the park equipment would be considered as well as a trail connection for the
park. They will also evaluate the need for any additional parkland during preliminary plat review.
Parr added that there could be a need to rework the park during the review of the Eagle Creek Estates
preliminary plat.
Kathy Coit, 16369 Victoria Curve, said that the requested land use amendment was a large deviation
from the existing comprehensive plan. She added that a deviation from the comprehensive plan should
be taken seriously. She asked how a retail shopping area would compare to a business office park and
if it would bring a considerable amount of traffic. She added that the City has a lot of existing retail
space which remains vacant. She asked how the land use would affect parking, and that a strip mall
would be a visual blight for the City. She wished she could rely on the City to not alter the
Comprehensive Plan.
Billington answered that things change as a city grows and that future plans would involve scrutiny
before any decisions are made.
Matzke said that the applicant had included a market study after the Planning Commission and staff
expressed concerns about the land use request. The market study indicated that retail uses, such as
convenience stores are best utilized when located within five walking minutes. County Road 21 doesn't
have any retail convenience services within the immediate area, but that there is a sufficient amount of
business office park in the area. The comprehensive plan amendment request reduces the Business
Office Park (C -BO) land use by approximately 20 %, but no Community Retail Shopping (C -CC) land
use exists in the immediate area.
Parr added that the Eagle Creek Estates concept plan that went before the City Council months ago
originally had C -BO as well as C -CC land uses, but staff expressed concern regarding the remaining C-
BO, as it was located on a wetland and the C -BO would've needed more land to be considered a
practical site. C -CC and C -BO both equally add to the economic development for different needs.
There have also been public requests for more retail in the eastern sector of the City. Traffic would be
taken into serious consideration to ensure that Fish Point Road remains a safe road for the public and
the people who live on it. Engineering would look into traffic designs for the road, such as curving it
rather than a straight shot, during the preliminary plat review of Eagle Creek Estates.
Billington added that the concept site plan which was presented in the staff presentation is subject to
tweaking as the project advances. Billington said that safeguards would be taken into consideration.
Job opportunities and the development of land are benefits to the City. There are processes which
would ensure that the development is beneficial to the community.
Dan Loftus, 5524 Pine Court SE, stated that he is not opposed to economic development to the
community, but asked if Fish Point Road cannot be connected with the community to the north.
Brandt said he does not care if Fish Point Road is extended.
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Matzke answered that the 2030 Comprehensive Plan document, not just the map, indicated that Fish
Point Road was designed to be connected, and that the utilities for the existing Fish Point Road were
designed to be connected in the future. The current road layout is burdensome if someone, such as an
emergency vehicle, is attempting to travel north or south in the east section of town.
Parr added that the minutes from this meeting will go before the City Council as well as the
Metropolitan Council. Concerns of the citizens would be heard and recorded for the record.
Jason Seifert, 5528 Overlook Cir SE, asked if Fish Point Road needs to go through. He stated that if
the neighborhood was polled regarding the Fish Point Road connection, they would not want it
connected. He asked at which point the neighborhood would be able to express future concerns.
Matzke answered that the City Engineer would be at future public hearings for Eagle Creek Estates
and that the he would be present to answer any questions from a traffic safety standpoint, utilities,
roadway network, the amount of homes that each road serves, and transportation demands. These
would be looked into during the review of a proposed plat and would also be heard by the public.
Seifert asked if the neighborhood would be informed about the public hearing.
Matzke answered that there would be a notification in the paper and mailers. The public is also
welcome to contact City Hall regarding the Eagle Creek Estates Development as it moves forward.
Seifert asked if the trees along the property would be removed.
Matzke answered that the trees would be taken into consideration when the proposed plat is reviewed.
Courtney Postle, 5548 Overlook Cir SE, said she would not like Fish Point Road to go thru. She
added that while economic development is important, a visually appealing commercial center would be
preferred over a strip mall.
Jay Portwood, 16379 Victoria Curve SE, asked how many houses are being proposed for Eagle
Creek Estates.
Matzke answered that 67 houses are being proposed.
Portwood asked if Fish Point Road will remain the same as far as width and design.
Matzke answered yes, that is the current plan.
Portwood asked how many cars would be coming from Franklin Trail onto Fish Point Road.
Matzke answered that the amount would be evaluated during the review of the plat application.
Parr added that a traffic study review is based on what the proposed use is, as a traffic count would be
difficult to determine when uses aren't certain.
Portwood asked about the City land that borders his property.
Parr answered that the property near Markley Lake is considered a natural park area. The Park
Advisory Committee is reviewing the City park plan and there are currently no plans for an active park;
however that has not been determined.
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Portwood noted that the property topography drops substantially in that area
Parr answered that the topography would be addressed when the property to the east of the proposed
Eagle Creek Estates is developed.
Portwood asked about the proposed road in Eagle Creek Estates extending into the eastern property.
Matzke answered that Ray Brandt is working with the property owner to the east to determine a road
alignment and connection and that any plans would require a public hearing. The property owner is
imagining lot sizes similar square footage similar to Eagle Creek Estates, possibly larger, and single
family homes. Timing is expected to be at least next year for any development to the property east of
Eagle Creek Estates, as it relies on the development of Eagle Creek Estates.
Jamie Hadlad, 5545 Overlook Cir SE, stated that Eagle Creek Estates looks like a fine development,
but that she does not want the Fish Point Road extension. She added that there are a large number of
children and bus stops in their neighborhood. She wondered if there are any bike trails or walking trails
planned for Eagle Creek Estates.
Matzke answered that trails and sidewalks would be taken into consideration with the review of the
preliminary plat.
Jason Daniel, 5531 Overlook Circle SE, said he did not want Fish Point Road to go thru and he would
like to see more parks and trails. He asked if there are any businesses that have expressed interested
in the proposed commercial. He added he doesn't want a strip mall that will stay vacant.
Brandt answered that he has spoken with Kwik Trip for the commercial, but that he has not had any
discussions with other businesses.
A MOTION WAS MADE BY HOWLEY AND SECONDED BY PEREZ TO CLOSE THE PUBLIC
HEARING.
VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried
The public hearing closed at 6:55 p.m.
Commissioner Comments and Questions:
Howley stated that the consideration before Planning Commission is in regards to land use. He said
he has few reservations regarding a comprehensive plan amendment from Business Office Park
Commercial to Community Retail Shopping and that the proposed location is a prime spot for a service
station. Howley added that one must travel to Lakeville before reaching any convenience store or
service station. There will be fine tuning with the road layout and the tree preservation, and he looks
forward to future plans. Howley said he would support the amendment.
Roszak stated that a gas station on the way out of town would be nice. He empathizes with the
neighbors regarding the Fish Point Road extension.
Matzke answered that the Fish Point Road extension review would take place during preliminary plat
review.
Roszak stated his support for the amendment.
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Perez stated that he appreciates everyone's comments. He wanted to stress that the comprehensive
plan is in place for a reason and that any changes are thought out and seriously considered. He
believes that changing the designation from Business Office Park to Community Retail Shopping is
filling a need that the eastern area of town is lacking. The traffic concerns are understood concerns.
He thinks that Brandt should meet with the neighbors regarding their concerns sooner than later. Perez
doesn't think everyone will be happy, but that their concerns may be used in an attempt to mitigate
future issues. He stated his support for the amendment request.
Billington stated that the comprehensive plan is subject to change in an effort to meet the demands of
the City. He stated he will support the comprehensive plan amendment.
A MOTION WAS MADE BY PEREZ AND SECONDED BY BILLINGTON TO APPROVE THE
AMENDMENT TO THE COMPREHENSIVE PLAN FOR 14.55 ACRES TO BE DESIGNATED
COMMUNITY RETAIL SHOPPING (C -CC) AND 1.45 ACRES TO BE DESIGNATED R -LD (URBAN
LOW DENSITY) FOR PROPERTY COMMONLY KNOWN AS THE SNELL PROPERTY.
VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried.
Matzke noted that the comprehensive plan amendment will go before the City Council, who will
recommend their decision to the Met Council. The applicant will then need to submit an application for
rezoning and replatting the property. Anyone who was notified of the comprehensive plan amendment
will be notified of future public hearings. The plans for Eagle Creek Estates are also scanned and put
online for public viewing. Staff will also encourage the applicant to meet with the neighborhood.
Proposed intensive uses, such as service stations, will require a conditional use public hearing and that
the applicant would be required to provide information on landscaping, screening, and signage for such
a request. The trees on the proposed Eagle Creek Estates would be taken into consideration when the
applicant submits the plat for review, and a tree inventory plan would be required. Significant trees that
are removed would have to be replaced.
5. Old Business
A. None
6. New Business:
A. None
7. Announcements and Correspondence:
A. Update on upcoming Planning Commission training opportunity.
Parr said that Beyond the Basics of Zoning and Planning will be taking place on Saturday, September
24, 2011. The collective training program will take place with neighboring communities for both the City
Council and the Planning Commission and will help the City with their insurance rate regarding land use
decisions.
Billington asked if the training opportunity is part of a series of training.
Parr answered that it is regarding finding of fact, new case law, as well as other legal matters.
8. Adjournment: The meeting adjourned at 7:12 p.m.
Joe Sortland, Development Services Assistant
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