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HomeMy WebLinkAbout06 13 2011 PC Meeting Minutes Planning Commission Meeting Minutes June 13, 2011 PLANNING COMMISSION MINUTES MONDAY, JUNE 13, 2011 1. Call to Order: Acting Chairman Perez called the June 13, 2011, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Roszak, Perez, Billington, and Howley, Planner Jeff Matzke, City Engineer Larry Poppler and Development Services Assistant Joe Sortland. Commissioner Fleming was absent. 2. Approval of Agenda: MOTION BY BILLINGTON, SECONDED BY ROSZAK TO APPROVE THE JUNE 13, 2011 MEETING AGENDA AS PRESENTED. VOTE: Ayes by Howley, Billington, Perez and Roszak. The motion carried. 3. Consider Approval of May 9, 2011 Meeting Minutes: MOTION BY BILLINGTON, SECONDED BY HOWLEY TO APPROVE THE MAY 9, 2011 MEETING MINUTES AS PRESENTED. VOTE: Ayes by Howley, Billington, Perez and Roszak. The motion carried. 4. Public Hearings: A. #EP 11-101: Eagle Creek Estates Rezoning. Equity Properties LLC is requesting to amend the Zoning Map designation on approximately 16 acres of property from R-1 (Low Density Residential) to C-2 (General Business). The subject property is commonly known as the Snell property, located northeast of the intersection of CSAH 21 and Fish Point Road. Planner Matzke presented the request for approximately 16 acres within the proposed Eagle Creek Estates subdivision to be rezoned from R-1 (Low Density Residential) to C-2 (General Business) Questions from the Commissioners: None. A MOTION WAS MADE BY BILLINGTON 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 6:12 p.m. Comments from the Public: rd Ray Brandt, 1711 West 143 Street #331, Burnsville, of Equity Properties,presented himself for questions. He stated that Peter Knaeble, the land owner to the east of Eagle Creek Estates, is in favor of the proposed rezoning. Billington asked Brandt if has met with the residents of the surrounding neighborhood. Brandt said he has not met with the neighborhood yet. 1 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 Billington recommended that he meet with the public. A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. The public hearing closed at 6:15 p.m. Commissioner Comments and Questions: Howley stated that he supports the rezoning, as the Comprehensive Land Use Amendment for Eagle Creek Estates had previously been approved. Billington stated his support for the rezoning. Roszak stated his support for the rezoning. Perez stated his support and noted that the rezoning request is a procedural matter. A MOTION WAS MADE BY BILLINGTON SECONDED BY HOWLEY TO APPROVE AMENDING THE ZONING MAP DESIGNATION FOR APPROXIMATELY 16 ACRES OF PROPERTY FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-2 (GENERAL BUSINESS). VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. Matzke said that it has not been determined when the rezoning request will go before the City Council, but it may correspond with the plat of Eagle Creek Estates. B. #EP 11-118: SMSC Conditional Use Permit. The Shakopee Mdewakanton Sioux Community has submitted an application requesting a Conditional Use Permit to allow site grading in excess of 400 cubic yards and allow a public service structure for a sanitary sewer improvement project. The subject property is located at 13901 Canterbury Road NW, on the northeast corner of CSAH 42 and CSAH 83. Matzke presented the Conditional Use Permit (CUP) request for the SMSC to grade over 400 cubic yards and construct a public service structure for a sanitary sewer improvement project. Questions from the Commissioners: None. A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Billington, Perez, Roszak and Howley. The motion carried. The Public Hearing began at 6:22 p.m. Comments from the Public: Ken Adolf , of Bolton & Menk, the engineer for the project, presented himself for questions. 2 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. The public hearing closed at 6:23 p.m. Commissioner Comments and Questions: Billington stated his support for the CUP request. Roszak stated his support based on staff’s report and recommendations. Howley stated the request appears appropriate and will support the request. Perez stated that the CUP appears to meet the requirements. A MOTION WAS MADE BY BILLINGTON SECONDED BY ROSZAK TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW SITE GRADING IN EXCESS OF 400 CUBIC YARDS FOR A SANITARY SEWER IMPROVEMENT PROJECT. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried Howley asked if there should be a clarification regarding the resolution number, as it was erroneously written “06-01” in the staff report. Matzke answered that the resolution should be numbered “11-01” for the CUP request. A MOTION WAS MADE BY BILLINGTON SECONDED BY ROSZAK TO APPROVE RESOLUTION 11-01, A CONDITIONAL USE PERMIT TO ALLOW SITE GRADING IN EXCESS OF 400 CUBIC YARDS FOR A SANITARY SEWER IMPROVEMENT PROJECT. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. C. #EP 11-117 : Berggren Beach Variance. Beth Berggren has submitted an application for Variances from the side yard setback and lot width on a site consisting of approximately 0.9 acres of land to be subdivided into 2 lots for single family homes. The property is located at 4853 Beach Street NE, between Rosewood Road NE and Bluebird Trail NE. D. #EP 11-117: Berggren Beach Combined Preliminary and Final Plat. Beth Berggren has submitted an application for a combined preliminary and final plat consisting of approximately 0.9 acres of land to be subdivided into 2 lots for single family homes. The property is located at 4853 Beach Street NE, between Rosewood Road NE and Bluebird Trail NE. Matzke concurrently presented both items 5-C and 5-D; the variance and the combined preliminary and final plat of Berggren Beach. Questions from the Commissioners: None. 3 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 A MOTION WAS MADE BY BILLINGTON 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 6:34 p.m. Comments from the Public: Beth Berggren , the owner of 4853 Beach Street, presented herself for questions. Howley asked if she owns the property both structures sit on. Berggren answered that her parents originally owned the site and she now owns the property. Howley asked which lot she intends to sell, should the plat be approved. Berggren answered that the lot with the older structure will be sold. Howley asked Berggren if she thinks the older structure will be torn down. Berggren answered that she thinks it would be although it does have a quaint appeal. A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. The public hearing closed at 6:36 p.m. Commissioner Comments and Questions: Roszak stated that due to two structures existing on the site that he will support the requests. Howley suggested that there be a condition added to address setbacks should the lot be replatted and a new home be constructed. Matzke answered that a lot width variance is still required given that the total lot width of the proposed two lots would not meet the minimum lot width. Howley asked if a new home on the lot would have to comply with the City setbacks. Matzke answered that a new home would have to be in conformance with all City requirements. Howley stated his support for the requests and that the hardship for the variance is demonstrated. Billington stated his support for the plat and the variance given the circumstances. Perez stated that given the current circumstances and the setbacks any new development would have to comply with City standards and he would support requests. 4 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 A MOTION WAS MADE BY BILLINGTON SECONDED BY ROSZAK TO APPROVE VARIANCE 11-02; A REQUEST FOR VARIANCES FROM THE SIDE YARD SETBACK AND LOT WIDTH OF A SITE CONSISTING OF APPROXIMATELY 0.9 ACRES OF LAND TO BE SUBDIVIDED INTO TWO LOTS FOR SINGLE FAMILY HOMES FOR THE PLAT KNOWN AS BERGGREN BEACH. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. A MOTION WAS MADE BY HOWLEY SECONDED BY BILLINGTON TO APPROVE THE COMBINED PRELIMINARY AND FINAL PLAT OF BERGGREN BEACH. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. E. #EP 11-116: Eastwood Third Addition Combined Preliminary and Final Plat. Cygnus Construction has submitted an application for a combined preliminary and final plat consisting of approximately 1.59 acres to be subdivided into 3 lots for single family homes. This property is located on the th south shore of Prior Lake, on the north side of Estate Avenue NE, north of 150 Street SE. Matzke presented the request for a combined preliminary and final plat for the Eastwood Third Addition. The proposed plat has three lots. All of the proposed lots would meet the current minimum standards for lot area and width. The lot with the existing home would provide a portion of land so that the three proposed lots meet the minimum lot standards. The proposed rain garden may be moved slightly to the north so that there will be less tree impact. Questions from the Commissioners: Howley asked if fill is being brought into the flood plain of the proposed lots. Poppler answered that the developer will bring in fill to raise the proposed building pads, not fill in the flood plain. Perez asked if the request has been presented to the Department of Natural Resources (DNR). Matzke said that the proposed plat has been provided to the DNR and staff has not received any comments to the plat. A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Billington, Perez, Roszak and Howley. The motion carried. The Public Hearing began at 6:47 p.m. Comments from the Public: Stephen Ling , 7300 West 147th Street, Suite 600, Apple Valley, presented himself as the applicant and for questions. The client is working with the engineer to mitigate staff’s concern about the location of the rain garden and the trees. NormaTschida , 14837 Estates Ave, stated that her property is located across the street from the existing home and she opposes the proposed split. Due to the footprint of the house and the setback from the road and the lake, the proposed homes would have to be tall for it to be financially viable. A tall home would be out of character with the neighborhood, and she is concerned about the rain runoff. 5 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 She gets water in her yard when it rains because the sewer system is not functioning properly. In the winter, the wind from the northwest drift snow into the cul-de-sac, and she believes there will be problems with snow drifts. She stated that in 1988, some feet were added to one of the lots, and a document required her signature. She stated that because the road is private, that there may be issues with ownership. Shellie Schmokel-Joscher, 14872 Estates Ave, stated that the raising of the grade is a concern. Water pools to significant levels during the year. She would like to know about the rain garden and the loss of trees. She is wondering how the view from her property would be impacted. She asked who would be responsible if damage occurs as a result of drainage issues. Perez asked about the drainage on the cul-de-sac. Poppler answered that the drainage issues sound like a separate issue. The rain garden is planning to be located approximately at the low point of the lot. Poppler said that if the catch basin is overflowing, it will be investigated. Poppler said that it is necessary for new building pads to be raised so they are in compliance with the City Floodplain Ordinance. Perez asked if staff sees any concerns regarding the building pad. Poppler answered that the engineering concerns are what is listed in the Engineering Department’s memo. Howley asked if there was a wetland delineation performed; given that the report states the property does not contain a wetland. Poppler said the property is mowed and doesn’t appear to be a wetland. Matzke answered that the property has been investigated by the Water Resource Engineer. Billington asked the applicant to address the grading and drainage plans. Ling said that the plans presented to the City meet the required standards. The cul-de-sac is not located on the property of the proposed plat, and is a city infrastructure issue. He stated that trees will be removed to grade the building pad, but they will redesign the plans for the drainage pond to preserve more trees, as requested by staff. The height of the proposed dwellings will comply with City standards. Billington asked if the developer will design plans to be more acceptable than the minimum City standards. Ling answered that the engineer of the project will draft plans that will be pleasing. Bruce Moline , 14812 Estate Ave, stated that he lives next to 14832 Estate Ave. He believes that the lot is better suited for one single family home. The grading, drainage and impervious issues would all be better handled with one new home instead of two. David van Lee , 14945 Estate Ave, stated that the lots on Estate Ave are not cabin lots. He does not believe that ramming two lots onto the vacant property will be consistent with the area. Allen Joscher , 14872 Estate Ave, stated his opposition for splitting the lots. He does not believe that the lot split will be a benefit to the neighborhood. He said that many of the residents have been there 6 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 for a long time and he knew the previous owners of the property. He believed that when the storm drain was constructed in the cul-de-sac, he was required to sign a piece of paper stating that the property would remain one lot. He does not believe that Prior Lake needs to have two homes on the vacant property. He stated that the owner of proposed Lot 3 is not a long term resident, is only interested in monetary gain and will not stay in the neighborhood long term. Jim McCarty , 14806 Estate Ave, stated that he has lived on Estate Avenue for 27 years. He believes the feelings the other neighbors have expressed reflect the overall feelings of the neighborhood. Many of them have been neighbors for a significant amount of years. The proposed homes would likely have large homes on small lots. He has seen the lot covered in water for 27 years whenever it rains and that the geese and other waterfowl often stay on the lot when the lot collects water. He requested that the drainage of the lots be designed to go into the lot or into the storm sewer so that the neighborhood is not burdened with potential drainage issues. John Anderson presented himself as the owner of 14832 Estate Ave, the third lot of the proposed Eastwood Third Addition and stated that he moved to Prior Lake in 1999. 14832 Estate Ave is his second home in Prior Lake and he has resided in the City for almost 12 years. He believes that he likely is the newest resident in the neighborhood, having moved in June 2007. He has two children in the Prior Lake school district and he intends to stay long term. The buyers of the vacant lot approached him about purchasing part of his lot and he is selling the strip of land so he can continue to reside on the lake. He reiterated that the proposed lots would comply with the City minimum standards. Ling stated that the developer is committed to making Eastwood Third Addition a nice project. The houses would likely be million dollar homes and they will work with City staff to address all drainage issues. Allen Joscher , 14872 Estate Ave, stated that he lives next door to the vacant property. He encouraged staff and planning commissioners to visit the site. He asked why the developer wasn’t present. David van Lee , 14945 Estate Ave, encouraged staff and planning commissioners to drive down Estate Avenue to see the style of the homes. NormaTschida , 14837 Estates Ave, spoke on behalf of her neighbor, Ruth Mason, who lives across the cul-de-sac from the vacant property and could not be present. She stated that Mason has the same issues with drainage and has had water in her yard. Mason’s driveway and garage are directly in line with the drainage path. She stated that if tall homes are constructed on the proposed lots, Mason’s view of the lake will be blocked in that direction. A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. The public hearing closed at 7:16 p.m. Commissioner Comments and Questions: Howley stated he was surprised that so many residents would be present for a subdivision that requires no special approval from the council. He noted that any kind of drainage and grading issues are reviewed by staff. He said that if the applicant meets all the city requirements, that there would be 7 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc Planning Commission Meeting Minutes June 13, 2011 legal repercussions if the Planning Commission were to deny the request, despite the requests from the surrounding neighbors. Billington asked Poppler if he has been approached by anyone in the neighborhood regarding drainage issues. Poppler answered that he has not, but was uncertain if the Public Works Department had received any complaints. Billington stated that he agrees with Commissioner Howley and if the applicant meets the required standards that they must approve the requested subdivision. Roszak stated that as a long term resident of Prior Lake, and someone who has gone thru a similar scenario, he would support the requested subdivision. Perez stated that the request before them meets all City requirements. He reiterated that the DNR was provided the plans for the review and provided staff with no comments. A MOTION WAS MADE BY HOWLEY SECONDED BY BILLINGTON TO APPROVE THE PRELIMINARY PLAT KNOWN EASTWOOD THIRD ADDITION. VOTE: Ayes by Perez, Billington, Roszak and Howley. The motion carried. Perez asked when Eastwood Third Addition would be going before City Council. Matzke answered that it will not go before the City Council until the engineering comments have been addressed. He estimated that it will go before the City Council sometime in July. Perez asked if there would be a public notification and hearing. Matzke answered that the Planning Commission meeting was the public hearing and the opportunity for the public input was tonight. 5. Old Business: A.None 6. New Business: A. None 7. Announcements and Correspondence: th Matzke said that there will be no meeting for June 27. There will possibly be a meeting sometime in July. st The 2030 Strategic work session will be taking place on June 21 at 5:30 PM, and the Planning Commission is invited to participate. Billington congratulated Larry Poppler on his promotion to City Engineer. 8. Adjournment: The meeting adjourned at 7:25 p.m. Joe Sortland, Development Services Assistant 8 C:\Users\JSORTL~1.PRI\AppData\Local\Temp\ELF20110712_094705\PC Meeting Minutes 06-13-11.doc