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HomeMy WebLinkAbout08 08 2011 PC Meeting Minutes Planning Commission Meeting Minutes August 8, 2011 PLANNING COMMISSION MINUTES MONDAY, AUGUST 8, 2011 1. Call to Order: Chairman Billington called the August 8, 2011, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Roszak, Howley, and Billington, Planner Jeff Matzke, City Engineer Larry Poppler, Assistant City Manager Jane Kansier and Development Services Assistant Peter Aldritt. Commissioner Perez was absent. 2. Approval of Agenda: MOTION BY HOWLEY, SECONDED BY ROSZAK TO APPROVE THE AUGUST 8, 2011 MEETING AGENDA AS PRESENTED. VOTE: Ayes by Billington, Howley and Roszak. The motion carried. 3. Consider Approval of July 11, 2011 Meeting Minutes: MOTION BY ROSZAK, SECONDED BY HOWLEY TO APPROVE THE JULY 11, 2011 MEETING MINUTES AS PRESENTED. VOTE: Ayes by Howley, Billington and Roszak. The motion carried. 4. Public Hearings: A. #EP 10-121 Bluffs of Candy Cove. Jason Miller has submitted an application for variances related to building setback, lot area, and bluff impact on a site consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes. This property is located east of Candy Cove Trail, north of TH 13 B. #EP 10-122 Bluffs of Candy Cove. Jason Miller has submitted an application for combined preliminary and final plat consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes. This property is located east of Candy Cove Trail, north of TH 13 Planner Matzke presented the request to consider Jason Millers application forvariances related to building setback, lot area, and bluff impact, and for his combined preliminary and final plat application on a site consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes.The property is located east of Candy Cove Trail, north of TH 13. The topography of the area is very steep all the way from the 904 up to 984 elevation. Access to Candy Cove Trail is through city owned property. Due to the steep bluffs on which the property is located, this plat involves some major engineering to allow for access from Candy Cove Tail and to allow for housing pads to be placed. Questions from the Commissioners: Billington asked Poppler, if he saw any of the project as being in a status that defies resolution, or do you believe that a few tweaks here and there it can be resolved in the best interest of all parties? Engineer Poppler responded a number of the contours are not quite lining up. They can be overcome through some additional engineering. Eventually we will get there I believe. Howley asked these lots are proposed lots and you mentioned the Minnesota statue law referring to lots of record does this make a difference that they are proposed lots? 1 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc Planning Commission Meeting Minutes July 11, 2011 Planner Matzke responded he is creating three new lots, but they are coming from the 5 original lots and those five original lots are lots of record. The applicant is more or less moving lots lines, and those lot lines come from lots of record. The applicant is moving the lines so the new lots are able to more . Roszak asked I just have a simple question. It appears that lot number one that the lot line actually crosses the right away of highway 13. Is this correct? Planner Matzke responded yes the right away for Highway 13 is interesting in that when it was acquired by the state, there was a portion that was not acquired for easement by the state. The applicant is looking into using this piece of the property as possible ponding for storm water runoff. A MOTION WAS MADE BY HOWLEY AND SECONDED BY ROSZAK TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Howley, Billington and Roszak. The motion carried. The Public Hearing began at 6:33 p.m. Comments from the Public: Jason Miller Project Manager It has been a complicated project. We have been trying to compromise and work with the needs of neighboring property owners, the city and MN DOT. We are trying our the current standards. It was important to us to keep the widths the same as we thought it would provide the best look from the lake and from Highway 13. The comments I would like to make is that I next to my neighbor Mark Toohey but we have a bit of a conflict with the layout of the access land, where we are going to need to put some of our retaining walls. I would like to leave the option open to switch back to our option number one that is to place two shorter, tiered retaining walls. If I am able to work something out with my neighbor, I think that would be the best option and keep the look of the lots the best. Billington commented you have done a great job here, you have done a lot of planning and I think you will find that the staff here is more than willing to listen to comments and work with you to get a finished product. Thank you for all your work, it is in our best interest as a city to develop land, increase our tax base and enhance our quality of life. Howley asked as Jeff recommended the developer tweak the plans to meet the side lot on lot 2, are you ok with doing that? Jason Miller yes we are, I am kind of sad that it was positioned on the plan that way. Howley statedok good then that variance is out. Howley asked has any of these plans been submitted to MN DOT? Jason Miller respondedyes I believe staff have been sending the plans to MN DOT. Planner Matzke responded yes staff has been sending the plans throughout the process to MN DOT and their comments and reviews have been taken into consideration. 2 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc Planning Commission Meeting Minutes July 11, 2011 Howley asked do you have a temporary grading agreement with your neighbor? Jason Miller responded no we do not. Howley asked so the plan that we need to focus on is the second one with the big retaining wall? Jason Miller responded yes at this time that is the one we need to focus on, as my neighbor does not have to grant me and easement to grade on his property, but I would still like to keep grading option one on the table which requires grading on the neighbors property in case an agreement can be reached with the neighbor. Howley asked back in the 60s when MN DOT granted the easements for Highway 13, what were the compensations to the land owner? Jason Miller responded I am not entirely sure of that because I could not find the records of when MN Dot granted the easement. Howley stated the reason I ask is I wanted to make sure that when the land was taken by MN DOT in the 60s that if there was compensation made then that we were not allowing double dipping now. Roszak asked who will put a fence on top of the wall? Jason Miller responded I will put the fence up. Kathleen Pribble 5584 Candy Cove Trail, stated that will all the work and effort that has gone into the project that there would be a little more for mark and the retaining walls that would be in place on his property. Shelly Hines 5540 Candy Cove Trail, when I moved there my only concern was highway noise. The elevated land blocking the highway noise down the street is beneficial. I am hoping for the neighbors sake that when this land is developed there is as much sound buffer in place as possible. Billington asked Matzke had asked the commission if they would like to continue the public hearing? Matzke stated it is ultimately up to the Planning Commission but if you do decide to continue the public hearing you need to set it to a specific date in the future that you would be continuing the public meeting. Howley stated I agree with staff report that there are many engineering issues that need to be resolved. I cannot recommend any variances or the plat with these issues unresolved. Roszak stated given the difficulties of this site I would too support a continuance of the public hearing. Billington s tated I too feel the same as my fellow commissioners I think we need a little more time to th fine tune the plans. I will entertain the idea to keep the meeting open until September 12. Mr. Miller are you alright with that? Jason Miller responded I have already talked with our engineer and we could meet later this week and re submit revised plans in two weeks. Billington asked Jeff how are we doing on time? 3 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc Planning Commission Meeting Minutes July 11, 2011 Planner Matzke responded the meeting in two weeks will be difficult to meet just in terms or reviewing plans and getting comments back in time. Once City Staff gets revised plans we have two weeks to review and get comments back. We can do it sooner but it will be tight with getting comments to Billington stated with that being said, we want to do it right here so it would better if we plan on th meeting about on September 12. Jason Miller asked I guess then that would put the City Council meeting a week after? Planner Matzke responded yes potentially it could go to the City Council the week after, that is if all the plans submitted are complete and comments are resolved. A MOTION WAS MADE BY HOWLEY AND SECONDED BY ROSAZK TO KEEP OPEN THE PUBLIC HEARING. VOTE: Ayes by Howley, Billington, and Roszak. The motion carried. The public hearing was motioned at 6:54 p.m. Commissioner Comments and Questions: None 5. Old Business: A.None 6. New Business: A. A. Consider a request for an easement agreement with private property owners along West Avenue for consistency with the 2030 Comprehensive Plan. The easement area is located east of Bass Street northwest of Lake Front Park. Engineer Poppler presented a request for an easement agreement with private property owners, Burt and Georgianne Olsen over city property to access their home. The current driveway is across city property. They want to memorialize that easement. Where the access is it is undeveloped and there are not any trails or buildings. Because of the topography of the area their driveway access is very steep and windy, it is only 8 feet wide, they would like to make improvements to that access now that they are building their new home. The proposed drive is 12 feet wide and would straighten out the driveway. There would be a short retaining wall that would be in place. There are topographic challenges that we are trying to overcome by granting this easement here. The Olsens would be compensating the city with this easement. We have set a per square foot price based on previous easements that the city has had to emergency vehicles. Planner Matzke added as one of your duties as a planning commission is to be in compliance with of the 2030 Comprehensive Plan. Part of the plan is the improvement of safe and navigable roadways and driveways. This easement will allow easier and safer access to the Olsens and the other homes off of the drive. 4 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc Planning Commission Meeting Minutes July 11, 2011 Burt Olsen 15753 West Ave SE stated the only comment I have is I want is we do appreciate the park very much we are not trying to take a piece of it for ourselves. We have been using the property since 1965 and just now we realized that we were encroaching on the park. This new access will allow better accessibility for us, our neighbors and allow the city to access that side of the park Commissioner Comments and Questions: Howley asked I am assuming the Parks Department is o.k. with this? The costs of all improvements are born by the Mr. Olsen? Poppler responded yes Howley I did contact one of the adjacent property owners to get his opinion on it. He seemed perfectly o.k. with it. That was my only concern. I will be supporting this. Roszak commentedit meets the objective of thecomprehensive plan and I will support this Billington commented I too will support this A MOTION WAS MADE BY ROSZAK SECOND BY HOWLEY TO APPROVE VOTE: Ayes by Howley, Billington, and Roszak. The motion carried. 7. Announcements and Correspondence: Planner Matzke presented the former chair and commissioner Brian Fleming has resigned as of August 1st. The city staff is looking into doing some possible interviewing to fill that spot, however that term is in October and staff is thinking it might be in the best interest to wait until those terms have expired to fill the new position. th Also on September 24 there is a joint workshop with the City of Prior Lake, Elko-New Market and a few other cities in Scott County and Dakota County. The workshop will be going over CUPs, Variances and findings of fact. Billington asked what is the schedule for this month Matzke responded there is a meeting on the 22nd with one scheduled public hearing. You will have your September 12th meeting as well. MOTION TO ADJORN BY HOWLEY SECOND BY ROSZAK TO ADJOURN THE MEETING. 8. Adjournment: The meeting adjourned at 7:10 p.m. Peter Aldritt, Development Services Assistant 5 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN080811.doc