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HomeMy WebLinkAbout010896REGULARPLANNING COM1VIISSION AGENDA MONDAY, January 8, 1996 7:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: 4. A SU95-02 Wild Oaks - NOTICE OF PUBLIC HEARING TO CONSIDER THE SCHEMATIC PUD, AND PRELIMINARY PLAT OF "WILD OAKS". 4. B VA95-44 William Hackett Variance Request - 3508 Sycamore Trail, NOTICE OF HEARING FOR A WEST SIDE YARD SETBACK VARIANCE OF 5.5 AND AN EAST SIDE YARD SETBACK VARIANCE OF 4.5 FEET AND IMPERVIOUS SURFACE COVERAGE OF 38.58% INSTEAD OF THE PERMITTED 30% RELATED TO CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE ON PROPERTY LOCATED IN THE R1- · SUBURBAN RESIDENTIAL AND SD-SHORELAND DISTRICT. 4. C CU95-05 Fairview Hospital & Health Care - Ridge Valley Clinic, 4151 Willowwood Road, NOTICE OF HEARING FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES. 5. Old Business: 5. A Tree Preservation Amendment Tabled from December 11, 1995 - CONSIDERATION OF AN AMENDMENT TO TITLE 5 OF THE CITY CODE AND THE ZONING ORDINANCE 83-06, AND CREATING A TREE PRESERVATION PROGRAM FOR THE CITY OF PRIOR LAKE. 6. New Business: 7. Announcements and Correspondence: Schedule wo~'kshop 8. Adjournment: 16200 F~l~gG~fek Ave. S.E., Prior Lake, Minnesota ~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Parts of this tape are inaudible. PLANNING COMMISSION MINUTES January 8, 1996 The January 8, 1996, Planning Commission Meeting was called to order by Chairman Kuykendall at 7:03 p.m. Those present were Commissioners Criego, Kuykendall, Loftus and Vonhof, Planning Director Don Rye, Assistant Planner Deb Garross, Associate Planner Michael Leek and Recording Secretary Connie Carlson. ROLL CALL: Criego Present Wuellner Absent Vonhof Present Loftus Present Kuykendall Present REVIEW MINUTES OF PREVIOUS MEETING: MOTION BY LOFTUS, SECOND BY VONHOF TO APPROVE THE DECEMBER 11, 1995 MINUTES. Vote taken signified ayes by Loftus, Vonhof, Criego and Kuykendall. MOTION CARRIED. PUBLIC HEARINGS: 4. A SU95-02 Wild Oaks - NOTICE OF PUBLIC HEARING TO CONSIDER THE SCHEMATIC PUD, REZONING AND PRELIMINARY PLAT OF "WILD OAKS". Associate Planner Deb Garross presented the Planning Report dated January 8, 1996. An overview of her report is as follows: The applications for Schematic PUD, Rezoning and Preliminary Plat are consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. The developer presented an alternative at the October 28, 1995 public hearing indicating 19 single family lots cotild be developed on site consistent with Ordinance standards. However, the development of the single family lots would remove more significant trees, (81%) than the proposal, (53%). The developer has redesigned the plat layout to address concerns raised at the public hearings. The proposal preserves more trees, reduces the amount of grading required in the steep slope area, removes the Com'oy Street extension, is not objected to by the DNR and results in a layout which meets the requirements of the City Code and Comprehensive Plan. Recommendation by Staff is to adopt Resolutions MN010896DOC PAGE 1 96-01 PC and 96-02PC and Ordinance 95-13 ad drafted recommending City Council approve the Schematic PUD and Preliminary Plat of Wild Oaks. Jim Sander, attorney representing the applicant, and Jim Sturm of James R. Hill, Associates, the planners and landscape architects were available for questions. Mr. Sander presented the project changes, in particular the cul-de-sac on Conroy Street vs. the improved and extension of Cortroy Street to Shady Beach Trail; the townhome units have been reduced to 20; preserving 50% of the trees and planting 85 additional trees; storm runoff is being cleaned in the NURP ponds. The DNR feels the proposed plat exceeds all the minimum PUD performance standards in the shoreland area. The Tree Preservation Ordinance does not apply to this project at this time. The owners of Wild Oaks would not make any claim to the shoreland easements. The exact wording will be worked out. The developer has never intended to make that part of its development. Comments from the audience: Lori Heiling, will soon live at 6298 Conroy Street, read a letter from Bill and Calina Townsend. It is the Townsends' belief the same problems exist in the revised plan and would like to see a neighborhood of 6 single family homes. Dave Frees, 6343 Conroy Street, lives south of the development and presented overheads of the development for grading and tree loss. One of his concerns is for the lake access through Conroy's Bay. Mr. Frees feels there has been very little change from the original proposal and opposes the development. He also read a letter to Mr. Sander from Bill and Calina Townsend. (Mr. Sander stated he never received this letter.) Mr. Frees would like to see a contingency written on the plat that would pass with ownership to cover future developers if RCS decides not to proceed for some reason. Planning Director Don Rye replied that the City is being asked to record something on private property where the City would not have any standing. He was not aware of anything that would permit the City to impose that kind of condition on property that was no longer before us. Ted Schweich, 6436 Conroy Street, commented on the PUD; permitted uses in the R-1 District; park dedication; clarification on tree caliper and size; variances and economic hardships. Assistant Deb Garross responded to Mr. Schweich's questions and opinions. City Engineer Larry Anderson stated Deb Garross properly indicated the staff recommendation of the Conroy Street extension to Shady Beach Trail. The cul-de-sac in the middle of Conroy Street is of great concern for the department because of maintenance. Mr. Anderson said he has never seen a cul-de-sac stop in the middle of a roadway. Cars will have to slow down to a very low speed when they hit the gravel and the maintenance of a gravel road is expensive. The audience insisted at the two previous heatings that the road should not continue to Shady Beach Trail. The cul-de-sac should at least be constructed to the end of the plat so it provides access to ail of the residents but this is not what the developer proposed to construct. MN010896.DOC PAGE 2 Carol Scott, 6370 Conroy Street, questioned what would happen if another developer bought the property when the property has been platted. In the past the City has just changed the Developer's Agreement. If the City put in Item 13 would anyone have to abide by that because it is a condition the plat? Don Rye responded that his comment had to do with the fact if RCS Associates Inc., never carded through with the ultimate development, (if the PUD and plat were not approved,) the City could not require the filing of a restrictive covenant. ,_If the plat is approved and sold, the condition can remain. Mrs. Scott's other concern was for the cul-de-sac in the middle of the road. Deb Garross restated staff recommended constructing the road through to Shady Beach Trail but the residents clearly stated they did not want the improvements. Don Rye said another option would be to remove the cul-de-sac. Assistant Engineer John Wingard addressed Mrs. Scott's questions on the culverts and wetlands on site as well as the runoff from Savage. Mrs. Scott concurs with Mr. Townsend on Item 13 of the Resolution. The developer should file documents stating they will not claim any rights to the recreational easement or any other dedicated rights to lake access through Conroy's Bay Subdivision. Dean Olson, 6412 Conroy Street, stated his concern for traffic safety for his children. Mr. Olson will talk to the Park Department with his ideas for a recreational area in the subdivision. Jim Sander, attorney for the developer, addressed issues of misunderstanding on the cul- de-sac. There is no plan for six inches of concrete curbing. The engineers will solve this and this is not an issue. Dan Heiling, 6298 Conroy, said his main concern is a traffic safety issue on Cc~nroy Street and Shady Beach Trail. Tom Keamey, 6424 Conroy, commented on the tree inventory and does not feel it is accurate. He does not see any advantage of zoning the property PUD and would rather see single family homes. Jon Allen, 17220 Panama Avenue, stated he was speaking on behalf of a group of residents who live adjacent to the site proposal. The biggest concern was the amount of tree removal. He commended the developer for responding to the residents' concem and coming back with a new plan. Mr. Allen feels the proposed grading plan will not save as many trees. He also would like see a comparison plan for single family homes and the impervious surface amounts. Deb Garross pointed out the trees proposed to be saved are located outside the grading limits on the plan. She further pointed out the applicant's landscape architect was present and he is very familiar with tree preservation planning. The applicant in fact has met all the ordinance requirements and will exceed the Subdivision Ordinance tree planting requirements by planting 85 trees. Mary Ann Frees, 6346 Conroy, paraphrased a letter from Scott and Linda Roth of 6394 Conroy. They do not want the cul-de-sac, they db not want 10 feet graded off the top and they would like the whole thing to disappear. Mrs. Frees indicated there was an upside to Mlq010896.DOC PAGE3 this situation that the neighbors have come to know each other. She loves the area and consider the trees and wildlife her neighbors as well. Bob Prchal, 6406 Conroy, had a concern for the amount of people in the townhomes compared to six single family homes. He also feels there is a safety issue with the ponds and high walls and all the children in the area. Don Rye also addressed Mr. Prchal's question on the time line of one_year. Mr. Prchal realizes everything the developer can do is legal but feels it is not right. A break was called at 8:51 p.m. The meeting reconvened at 9:01 p.m. Jim Sander addressed the issue of the cul-de-sac pavement. The extension of Conroy Street is outside of the development and the project is not served by that street. Legally the City cannot compel the developer to construct it but it was agreed to earlier in the project in order to expedite the platting process. The neighbors and Planning Commission objected to installing a through street so the project was amended to a cul- de-sac design. Mr. Sander reminded the Planning Commission this is not a brand new project, but has been going on for over a year. The applicant is well within the scope of the ordinances and commends staff. All questions raised by residents have been addressed by staff. By using a PUD this allowed applicant to preserve more trees. If a normal public street is used more trees and land would be lost. The lake access easements are not an issue. No one has ever suggested they were going to buy an easement fbr lake access. Mr. Sander also stated he has never received the letter referred to by the Townsends. Jim Sturm, explained the project was redesigned after the meeting in October and this is the best proposal to meet concerns raised by Planning Commissioners and residents. Mr. Sturm explained the cul-de-sac concerns. The tree survey was done by a registered land surveyor. The applicant has made every attempt to save trees. Mr. Sturm is a landscape architect and oversaw the plan changes. He feels they responded to the concerns of the neighbors. Mr. Storm has been through this process before in Eagan, where he was the City Planner for 10 years. There are more trees preserved by the townhome proposal as opposed to a single family development. Comments from the Commissioners: Criego: · Larry Anderson commented on cul-de-sac and the resolution would ge to "T" the intersection with a stop sign and maintenance would be easier. · new trees planted: 2 1/2" on deciduous 1 1/2" and 6' coniferous. · John Wingard explained the gravel road on Conroy Street and storm water management issues. · Concern over off site drainage from Savage. John Wingard: Run off from this development will be controlled through their on NURP ponds. The City policy is to MN010896.DOC PAGE 4 charge a developer a storm water fee, then the City installs the system. Larry Anderson explained the water issue from Savage. Even if the City had to raise the road it would stay gravel. Deb Garross told the Commission the Watershed District would be reviewing the entire drainage area and plan. Loftus: Lake access - Attorney Jim._Sander replied this is not be part of the townhome association. This development stands on its own and there is not a plan to connect to the lake. These are not common areas of development. · intersection on road - Deb Garross suggested making it a recommendation that is acceptable to the engineers. This is the preliminary plat. · Supports a change to the road. · Larry Anderson said a possible solution is to convert the cul-de-sac to a "T" intersection. · Deb Garross said the 500' maximum cul-de-sac length is the common requirement in Subdivision Ordinances and the distance is based on length of fire hose. Fire hydrant location can be planned so the extra 60 foot cul-de-sac length is not an issue in this case. · Don Rye said the proposed cul-de-sac was designed consistent with the fire code. · Harbor streets are private - should address the fire department. Deb Garross said several residents have requested the City to take over the streets. · When does a private street work equally as well as a public street? · Don Rye: Basic provision in ordinance starting with it makes the same standards as a public. In this particular case is what effectively will be the right-of-way. I.n any private street it has to be determined whether that street provides adequate access to the property. · Applicant made a good faith effort to listen to concems with the tree issue and save as much as possible. · A park available for toddlers should be provided but it is a small area. · Not convinced a PUD is the best idea but 19 single homes would result in a lot of tree removal which is not better. Vonhof: · Moving the NURP pond from the northwest comer to the southwest comer - how is that going to impact the storm water runoff?. Deb Garross: The City did not want to maintain two small ponds. A larger NURP pond will serve the area better than two smaller ones. It meets all standards for storm water control. · Final plat will determine the runoff. Runoff cannot be at a greater rate than current exist on the property. · Larry Anderson said this development will not create a negative impact on the storm water system. · Grading safe guards for erosion coming off site leading into the wetland or street. · John Wingard said the City will require erosion control, buffers, fencing, surfacing and turf established, all normal procedures. MIq010896.DOC PAGE 5 · Should we put a performance bond on this? John Wingard said the City will have a Letter of Credit as a safe guard which will be proof of the Developer's Agreement. Kuykendall: · Approximate price range of the units will be $200,000 to $250,000. · Alternative with existing ordinances with 19 single family homes - approximately what would the cost of the homes be. (No numbers available) This way is a better way of development as proposed rather than single family homes. · He did not want ! 9 single family homes - save the trees ~vith the cluster concept. · The developers have been very responsive the residents' concerns. · A "T" intersection would be recommended. · Loss to the city with a dedicated right-of-way. · Sidewalks were not included as part of the design. Concerns for children are valid. · Applicant accomplished a lot in terms of saving the trees. · All the issues have been addressed by staff. · Support applicants request, with the consideration of walkways and "T" intersection. · The cul-de-sac design has met the needs to save more trees. · A private street belongs in this development. · A standard subdivision would be legal but would gut the area. · Sidewalks should be on Conroy Street for pedestrians and this is the time to do it. Creigo: · Concern for sidewalks. Incorporate in a final design. John Wingard said it would be tight along the street and wetland in one area. Would have to go with a narrow sidewalk, on the north side of the street. MOTION BY CREIGO, SECOND BY VONHOF TO APPROVE RESOLUTION 96- 01PC WITH THE MODIFICATION OF THE CUL-DE-SAC OF 560 FEET. Loftus does not feel a PUD is the right vehicle. The applicant has made a good faith effort but there could still be further adjusting. The timing of the issue tonight does not give us enough time. Has reservations although there is a big improvement. Vote taken signified ayes by Criego, Vonhof and Kuykendall; nay by Loftus. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY VONHOF, TO APPROVE RESOLUTION 96- 02PC WITH THE AMENDMENT THE CUL-DE-SAC TO A "T" THE INTERSECTION; OMIT ITEM 6 AND ADD ITEM 13 "TO SPECIFY IN THE COVENANTS AT THE TIME OF FINAL PLAT THAT WILD OAKS WILL NOT USE THE RECREATIONAL EASEMENTS LOCATED ALONG THE LAKESHORE AND CONROY'S BAY." MN010896 DOC PAGE 6 Vote taken signified ayes by Criego, Vonhof and Kuykendall; nay by Loftus. MOTION CARRIED. MOTION BY VONHOF, SECOND BY CREIGO TO APPROVE ORDINANCE 95-13. Vote taken signified ayes by Criego, Vonhof and Kuykendall; nay by Loftus. MOTION CARRIED. MOTION BY VONHOF, SECOND BY LOFTUS TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Vonhof, Loftus, Criego and Kuykendall. The hearing closed at 10:00 p.m. A recess was called at 10:02 p.m. and reconvened at 10:09 p.m. 4. B VA95-44 William Hackett Variance Request - 3508 Sycamore Trail, NOTICE OF HEARING FOR A WEST SIDE YARD SETBACK VARIANCE OF 5.5 AND AN EAST SIDE YARD SETBACK VARIANCE OF 4.5 FEET AND IMPERVIOUS SURFACE COVERAGE OF 38.58% INSTEAD OF THE PERMITTED 30% RELATED TO CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE ON PROPERTY LOCATED IN THE RI- SUBURBAN RESIDENTIAL AND SD-SHORELAND DISTRICT. Associate Planner Michael Leek presented the information from the Planning Report dated January 8, 1996. Staff concluded that reasonable use of the property currently exists, and thus the first Ordinance criteria has not been met. The Staff recommendation is to deny the application. Bill Hackett, 3508 Sycamore Trail, explained he and his wife bought this house six years ago and they are expecting a baby in a few months. The current home does not meet their needs and would like to add on to the home so their children's bedrooms would be on the same floor. Their home was built on a substandard lot with an impervious surface coverage of 34.57%. By removing the slabs by the garage he can reduce the impervious surface. Comments from the audience: Lowell Rieck, 3526 Willow Beach SW, lives above the beach area. The lot is substandard and he feels what the Hacketts want to do is not out in left field. It would be more practical and will increase the value of the property. Dave Bathel, 3498 Sycamore Trail, felt the HackeRs made improvements on their home since they moved in and does not see any reason to take the cement slab out. The improvements are for the positive. Mike Spanier, 3483 Sycamore, feels the Hacketts' addition does not intrude on the neighbors and will improve the neighborhood. MN010896 DOC PAGE 7 Comments from Commissioners: Loftus: · Commend the neighbors for support. · Regarding the impervious surface issue - would not like see the concrete removed. · Based on the neighbors remarks does not see as a negative impact. · The variances are not greater. · Supports the request. Vonhof: · The width of the lot at 35 feet and the slope is a unique factor due to the narrowness of the lot and is not opposed to the side yard variances. · Has a problem with the impervious surface. This is a shoreland district. · The first hardship criteria has not been met. Kuykendall: · The present house is approximately 1,800 sq. feet. · Asked applicant if he know the lot was substandard when he bought it. Mr. Hackett said he thought it was a 50 foot lot. · This house is already in violation with impervious surface. · Leek: There is nothing in the Ordinance that prohibits the structure from being maintained. It is a good starter home. · Agrees with staff it can be maintained and is a reasonable use. · Leek explained this is a shoreland district and staff has been very strict. · A lot of people could buy this property and there is nothing wrong with the property, but it does not meet the applicant's needs. It is a marketable property. · Is empathetic to applicants' needs, but cannot support the request. The Planning Commission is bound by law. Creigo: · DNR has not responded. No lakeshore setback requested. · Cement sidewalk is not included. Is less than 38.58%. Does not want to see the slabs removed - but has concern for impervious surface. Kuykendall: · One alternative would be to acquire some land to the west to eliminate the impervious surface. Open Discussion: There are alternatives; not concerned with side yard variance but the impervious surface issue is high; grandfather in existing impervious surface. MOTION BY LOFTUS, SECOND BY VONHOF TO ACT FAVORABLY ON THE SIDE YARD, AND DENY THE IMPERVIOUS SURFACE COVERAGE. IV[NO 10896. DOC PAGE 8 Open Discussion: Grant side yard setbacks and make adjustments. Rationale: hardship criteria met; special case; should have a reasonable use of property; trying to enhance the usage of the home; lot is substandard; no hardship to the property; this is not a substandard house and is 1800 sq. ft.; fail to see any hardship or argument. Vote taken signified ayes Loftus, Criego, Vonhof. Nay by Kuykendall. MOTION PASSED. 4. C CU95-05 Fairview Hospital & Health Care - Ridge Valley Clinic, 4151 Wiilowwood Road, NOTICE OF HEARING FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES. Associate Planner Michael Leek presented the information from the Planning Report dated January 8, 1996. Staff recommendation is to deny the CUP amendment, finding that a wood trash enclosure does not meet the CUP approval criteria as defined by the Zoning Code. Ray Piirainen, representative for Fairview Hospital and Ridge Valley Clinic explained the trash enclosure was an oversight on his part. The contractor made the judgment. Mr. Piirainen stated Fairview is prepared to follow the Ordinance. He would like an extension of time to complete the brick enclosure to approximately Spring of 1997 when the second phase of the clinic would be completed. At this time he is not sure if the present trash area is the best place to make a permanent enclosure. Ridge Valley Clinic would like to make it as accessible and attractive as possible. Tom Kearney, 6424 Conroy Street, representative of the Westbury Pond development expressed his preference to a six month time limit. Comments from Commissioners: Vonhof: · The original CUP was designed to be brick and was not an oversight by the City Staff. Criego: · A mistake was made - correct it. · Follow the process. Loftus: · Agree with commissioners. · Concern of doing brick work in the cold season. · Grant Fairview an extension to June 30, 1996 to go from wood to brick. Kuykendall: MN010896. DOC PAGE 9 This is not unrealistic. Support staff recommendation but would be reasonable about extending the work to 6 months and give Fairview an opportunity to decide where they want to locate the enclosure. MOTION BY LOFTUS, TO DENY THE AMENDMENT BUT RECOMMEND TO CITY COUNCIL THE REQU[_P,.EMENT FOR COMPLETION TO JUNE 30, 1996 No second. MOTION BY VONHOF, SECOND BY CRIEGO TO DENY THE CUP AMENDMENT, FINDING THAT A WOOD TRASH ENCLOSURE DOES NOT MEET THE CUP APPROVAL CRITERIA AS DEFINED BY THE ZONING ORDINANCE. Vote taken signified ayes by Vonhof, Criego, Kuykendal and Loftus. MOTION CARRIED. 5. Old Business: 5. A Tree Preservation Amendment Tabled from December 11, 1995 - CONSIDERATION OF AN AMENDMENT TO TITLE 5 OF THE CITY CODE AND THE ZONING ORDINANCE 83-06, AND CREATING A TREE PRESERVATION PROGRAM FOR THE CITY OF PRIOR LAKE. Associate Planner Michael Leek presented the information from the Planning Report dated January 8, 1995. Staff recommends adoption of the Ordinance as presented or with changes. Read letter from Karen Christofferson of the Builders Association. Open Discussion: Definition of"site"; control vs. regulating; give examples so residents get a better idea; define true value (market value) ($100 per caliper inch) for trees; great job; make it more understandable to lay people. MOTION BY VONHOF, SECOND BY LOFTUS TO RECOMMEND TO CITY COUNCIL ADOPT THE ORDINANCE WITH THE ADDITION OF "SITE" DEFINED AND CLARIFICATION OF THE LANGUAGE REGARDING "PUBLICLY OWNED AND CONTROLLED". Vote taken signified ayes by Vonhof, Loftus, Creigo and Kuykendall. MOTION CARRIED. Don Rye gave an update on City Council's comments on the Comp Plan. MNO 10896. DOC PAGEI 0 Discussion on the workshop - tentative date of Saturday, March 23, 1996. MOTION BY VONHOF, SECOND BY LOFTUS, TO CLOSE THE MEETING. Vote taken signified ayes by Vonhof, Loftus, Criego and Kuykendall. MOTION CARRIED. The meeting adjourned at 11:41 p.m. Director of Planning Don Rye Recording Secretary Connie Carlson MN010896.DOC PAGEI I