HomeMy WebLinkAbout080999REGULAR PLANNING COMMISSION AGENDA
MONDAY, AUGUST 9, 1999
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. Case File #99-043 Charlotte Roehr is requesting a driveway width variance for the
construction of a single family dwelling on the property identified as 15322 Red Oaks
Road.
B. Case File #99-050 Northview Development Corporation is requesting an amendment
to the City of Prior Lake Year 2000 Comprehensive Plan for the property located at
4220 Tower Street.
C. Case File #99-026 Consider an amendment to the Zoning Ordinance regulating the
use of off-road motorcycles.
D. Case File #99-052 Consider an amendment to Sections 1101.503 and 1107.205 of the
Zoning Ordinance relating to requirements for replacement decks and to setback
requirements for residential driveways.
5. Old Business:
A. Case File #99-049 Resolution 99-15PC for Jeffrey and Jacqueline Daas.
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
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AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY AUGUST 9, 1999
1. Call to Order:
The August 9, 1999, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Kuykendall, Stamson and
Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier and Recording
Secretary Connie Carlson.
2. Roll Call:
Vonhof Present
Kuykendall Present
Criego Absent
Cramer Absent
Stamson Present
3. Approval of Minutes:
The Minutes from the July 26, 1999 Planning Commission meeting were approved as
presented.
Commissioner Stamson read the public hearing statement and opened the meeting to the
first public hearing.
4. Public Hearings:
Ao
Case File #99-043 Charlotte Roehr is requesting a driveway width variance
for the construction of a single family dwelling on the property identified as
15322 Red Oaks Road.
Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999,
on file in the office of the City Planner.
On July 12, 1999, the Planning Commission heard a variance request from Charlotte
Roehr relating to OHW setback. A condition of approval included reducing the
driveway width to no more then 24 feet, measured at the property line. The applicant
requested this condition be removed due to the turn around needed at the end of the
roadway. The Planning Commission concurred with the applicant and directed staff to
take the necessary administrative steps to granting the approval. The driveway does
require a separate variance, which has now been properly published.
The DNR had no objection to the variance requested, as the applicant has been working
with the City Staff and the DNR to find an appropriate means to develop the site.
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Staff felt the variance hardship criteria had been met and recommended approval of the
driveway width.
Comments from the public:
Bryce Huemoeller, attorney for the applicant, 16670 Franklin Trail, said the staff report
states the facts and asked the Commissioners to approve the variance.
The public hearing was closed.
Comments from the Commissioners:
Vonhof:
· Supported the variance at the previous meeting. The hardship criteria has been met.
· The DNR letter indicated they were not opposed to the driveway width.
Stamson:
· Concurred with Vonhof. This is a unique lot with hardships.
Kuykendall:
· Added it was in the public's interest as well as the individual property owner to grant
the variance.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE
RESOLUTION 99-12PC APPROVING A 15 FOOT VARIANCE TO PERMIT A
DRIVEWAY WIDTH OF 39 FEET INSTEAD OF THE MAXIMUM WIDTH AS
MEASURED AT THE PROPERTY LINE OF 24 FEET.
Vote taken signified ayes by all. MOTION CARRIED.
Case File #99-050 Northview Development Corporation is requesting an
amendment to the City of Prior Lake Year 2000 Comprehensive Plan for the
property located at 4520 Tower Street.
Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999
on file in the office of the City Planner.
Northview Development is requesting an amended to the 2010 Comprehensive Plan Land
Use Map from the C-CC (Community Retail Shopping) designation to the R-HD (High
Density Residential) designation on the property located at 4520 Tower Street.
This site consists of 2.92 acres of vacant land and is located on the south side of Tower
Street, between Toronto Avenue and Duluth Avenue, south of the Priordale Mall and
west of Pond's Edge Early Learning School.
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The Planning staff finds the proposed R-HD designation consistent with the goals of the
Comprehensive Plan. While there is a definite lack of commercial land available, there is
also a very real need for rental housing in the City of Prior Lake. The staff therefore
recommends approval of this request.
Comments from the public:
Jeffrey Gustafson, Northview Development, explained his company has tried to come up
with the best use for this property but still felt high density apartments was the best fit.
They feel apartments meet the needs of the community blending in very well with the
single family homes. They would also put in a park and be part of the neighborhood.
Gustafson also explained their management company's goals and procedures. There will
also be some underground parking. The developer said they would be willing to meet
with the neighborhood and present their proposal.
Tom Batchmen, Pinnacle Realty Management Company, stated they are a nation-wide
company and he personally has been in the Twin City area for 30 years. Batchmen said
he would answer any questions from the Commissioners or neighbors.
James Gustin, 4543 Pondview Trail, said he was opposed to the rezoning request. Gustin
pointed out two newspaper articles; 1) The property owner claiming the land is top
commercial property. And, 2) According to the recent city survey citizens of Prior Lake
indicated they want commercial property and slower growing developments. Gustin also
read comments from the Commissioners from previous meetings supporting commercial
development. All comments were against rezoning.
Jim Ericson, 4544 Pondview Trail, reviewed previous meeting comments. Ericson said
he called the Federal Post Office and indicated the availability of property for their
development. The Post Office seemed interested. His feeling was for commercial
development rather than high density housing and did not want to see it rezoned.
Clayton Harder, 4510 Pondview Trail, agreed with his neighbors. He mentioned the
traffic situations and felt there would be a short-cut from the new ball fields through
Toronto Avenue creating more congestion. Harder felt the property should stay
commercial.
Neil Boderman, general partner of the Priordale Mall, responded to the neighbors
comments. He did talk to the Post Office who felt the property was too small, but they
are looking at a larger site behind the Priordale Mall. Boderman explained the visibility
is not good for commercial businesses. He has owned the property for 7 years and has
not been able to attract a business and feels the best use for the property would be
apartments as a buffer zone between the single family homes and businesses.
James Kennedy, 4486 Pondview Trail, is a new resident to Prior Lake and agreed with his
neighbors opposing the development. He felt the traffic would be much higher with the
apartment project.
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The public hearing was closed.
Comments from the Commissioners:
Stamson:
· Against redevelopment at this time. The commercial property is a greater benefit to
the City rather than a residential development.
· There is sufficient high density in the area. Other areas in Prior Lake could be better
served.
· Recognizes it is not an attractive commercial property today, but there are many small
businesses who will be interested especially when Coast to Coast is building in the
area.
· No evidence to change his mind.
Kuykendall:
· The proposal is very attractive.
· Believes the area could be better used as a commercial area.
· Spoke on visual impact for traffic flow.
· Compliment the owner and public addressing the Post Office location.
· Encouraged with the development of the Coast to Coast development. Other
businesses may start looking at the area.
· Kansier read the types of businesses permitted in the area.
· Boderman explained there are no uses that will go back in the area. Visibility is a big
issue for businesses.
· Kansier explained the mini-storage zoning districts.
· Not an unreasonable use to allow mini-storage in the area.
· Supports the general principal of commercial property.
· Kansier pointed out the high density land available in Prior Lake.
Vonhof:
· Gustafson responded to the issue on the mini-storage and the setback problems with
the surrounding districts. The project could not work on the property.
· Agreed with the Stamson, that things have not changed significantly to justify the
rezoning.
· The Commissioners are looking beyond today in terms of development.
· Mentioned the Coast to Coast relocation and believes the area will redevelop.
· Explained the available land for high density. There is a need for commercial land in
the City.
· No evidence to rezone.
Open Discussion:
Stamson:
· Commented on the visibility of the property.
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· The City is currently moving ahead with a ring road to develop in front of this
proposed property.
· Do not rush into changing the district.
Kuykendall:
· Explained the City has space for high density rental development.
· Kansier responded to Kuykendall's question on the Scott County Housing
Redevelopment Authority's report.
· Suggested the Commissioners should revisit the mini-storage proposal as a
conditional use under the Comprehensive Plan. Felt it would be a good compromise
for all.
· Rye stated that a mini-storage was not approriate in a commerical district.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RECOMMEND DENIAL
OF THE REQUEST BASED ON THE FINDINGS STATED BY THE
COMMISSIONERS INTO THE RECORD.
Vote taken signified ayes by all. MOTION CARRIED.
This item will go to the City Council on Tuesday, September 7, 1999. This issue will not
be a public hearing.
Co
Case File #99-026 Consider an amendment to the Zoning Ordinance
regulating the use of off-road motorcycles.
Planning Director Don Rye presented the Planning Report dated August 9, 1999, on file
in the office of City Planner.
In April, May and June of 1998, the Planning Commission and City Council considered
the issue of regulating recreational vehicles in the City. A proposed ordinance was
rejected and staff directed to develop a new ordinance.
During consideration of the last ordinance, one of the primary difficulties was defining
and measuring noise levels from the vehicles being considered. Noise monitoring is
technically difficult to do properly and the necessary equipment is expensive. There is
also the practical difficulty of having the equipment on hand when a violation is
observed.
The proposed ordinance adopts the definition of a competition motorcycle from the
Federal Rules and restricts their operation in the City to property which is more than
1,000 feet from a residential structure or property which is zoned for residential purposes.
Questions from Commissioners:
Stamson questioned removing or altering the labels from the cycles. Rye responded it
would be illegal with modifications and alterations.
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The public heating was open.
Comments from the public:
Bruce Hennen, 4671 Martindale Street, explained the noise level from the 8 to 10
competition dirt bikes in the Pike Lake Trail area. The residents are happy the bike track
is gone. A residential area is no place for dirt bikes.
The public hearing was closed.
Comments from the Commissioners:
Vonhof:
· The ordinance is very specific.
Comfortable the ordinance will address the issue.
· Supports recommendation to the City Council.
Stamson:
· Questioned Vonhof on enforcement. Vonhof explained it was not a problem from an
enforcement issue because it is so specific.
· Supports recommendation.
Kuykendall:
· The solution is the best. Noise is noise. From an enforcement side it is ideal.
· Questioned snowmobiles and personal watercrafts.
· Vonhof said there are other statutes and ordinances addressing disturbing the peace.
· This ordinance addresses land use.
· Noise is a major issue. Suggested staff look into other communities addressing noise
issues.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO RECOMMEND
ORDINANCE 99-XX REGULATING THE USE OF COMPETITION
MOTORCYCLES.
Vote taken indicated ayes by all. MOTION CARRIED.
This issue will before September 7, 1999, and will not be a public hearing.
D. Case File #99-052 Consider an amendment to Sections 1101.503 and
1107.205 of the Zoning Ordinance relating to requirements for replacement
decks and to setback requirements for residential driveways.
Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999,
on file in the office of the City Planner.
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This public heating is to consider an amendment to the Zoning Ordinance relating to the
requirements for replacement decks and to setback requirements for residential
driveways. Staffhas continued to apply the current ordinance, but have come across
situations which require some changes in the language.
The proposed amendments are intended to clarify the existing regulations of the
ordinance. The language pertaining to deck replacements was an inadvertent omission.
The driveway setback requirements are intended to provide some flexibility in the older
areas of the City and in new townhouse developments.
Staffrecommends the Council approve the amendment as proposed.
The Commissioners briefly discussed the definitions of decks versus porches and
driveway widths. Further comments were made on driveway setback problems causing
drainage problems, erosion and snow storage.
There were no comments from the public.
Comments from the Commissioners:
Kuykendall:
· Ready to act.
Vonhof:
· Agreed.
Stamson:
· Support the ordinance.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO RECOMMEND CITY
COUNCIL APPROVE ORDINANCE 99-XX AMENDING SECTIONS 1101.503 AND
1107.205 AND ADDING SECTION 1107.206 OF THE PRIOR LAKE CITY CODE.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on September 7, 1999.
5. Old Business:
A. Case File #99-049 Resolution 99-15PC for Jeffrey and Jacqueline Daas.
Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999,
on file in the office of the City Planner.
On July 26, 1999, the Planning Commission held a public hearing regarding variances
related to an Administrative Subdivision including lot area, lot width, impervious surface,
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side yard setback and bluff setback. The Planning Commission directed staff to prepare a
resolution approving the requested bluff setback and recommended approval of the other
variances related to the Administrative Subdivision which are being forwarded to the City
Council for consideration.
Comments from the Commissioners:
Vonhof:
· Supported the resolution to the variance.
· Findings are complete.
Kuykendall:
· Agreed with the hardship.
MOTION BY VONHOF, SECOND BY KUYKENDALL, APPROVING
RESOLUTION 99-15PC APPROVING A 35 FOOT VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE BLUFF OF 10 FEET RATHER THAN THE
REQUIRED SETBACK MINIMUM OF 25 FEET FROM THE TOP OF BLUFF.
Vote taken indicated ayes by all. MOTION CARRIED.
6. New Business:
7. Announcements and Correspondence:
Rye commented on the community survey. Staff will make copies of the report to
distribute to the Commissioners.
Suggestion to have a joint meeting with the EDA and Planning Commission to discuss
the results of the survey.
On September 14, 1999, will be the next Downtown Redevelopment workshop.
8. Adjournment:
The meeting was adjourned at 8:16 p.m.
Donald Rye
Director of Planning
Recording Secretary .... '
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