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REGULAR pLANNING COMMISSION AGENDA
MONDAY, August 26, 1996
7:00 p.m.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
A. Case #96-075 Sue Stang - Text Amendment to the Zoning Ordinance to Section
3.1 to Allow Arcades in the B3 Zoning District.
B. Case #96-073 Ebenezer Ridges - Ordinance Amendment to Allow Adult Day
Care Facilities in the Business and Residential Zoning Districts.
Co
Case #96-045
Addition.
Old Business:
A. Case #96-071 Dave Smith Variance (continued).
New Business:
Announcements and Correspondence:
Adjournment:
Maple Hill 2nd Parmership - Preliminary Plat for Maple Hills 2nd
16200 l~gLt-~W'ek Ave. S.E., Prior Lake, Minnesota"3~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
August 26, 1996
1. Call to Order:
The August 26, 1996, Planning Commission meeting was called to order by Chairman Criego at
7:02 p.m. Those present were Commissioners Vonhof, Stamson, Wuellner and Criego, Planning
Director Don Rye, Planning Coordinator Jane Kansier, Acting City Engineer John Wingard and
Recording Secretary Connie Carlson.
2. Roll Call:
Stamson Present
Vonhof Present
Criego Present
Wuellner Present
Kuykendall Absent
3. Approval of Minutes:
Corrections to the August 12, 1996 Minutes:
Page 2, clarify Mr. Stolcer's comments.
Page 3, re: Case #96-071 Dave Smith, Wueilner's comments change to say "We approved the
setback from the street." (not the garage).
MOTION BY VONHOF, SECONDED BY STAMSON, TO APPROVE THE AUGU'ST 12,
1996, MINUTES.
Vote taken signified ayes by Vonhof, Criego, Wuellner and Stamson. MINUTES APPROVED.
4. Public Heatings:
Case #96-075 Sue Stang ~ Text Amendment to the Zoning Ordinance to Section 3.1 to
Allow Arcades in the B3 Zoning District.
The hearing was open and a sign-up sheet was cimulated to the public. Planning Director Don
Rye presented the information from the Staff Report dated August 26, 1996.
The applicant applied for an amendment to the zoning ordinance to allow "arcades,
billiards/pool, equipment, etc." as a perrhitted use in the B-3 General Business District. Staff
was asked by the management of Priordale Mall whether a video game arcade was permitted in
the Mall. Staff informed the management this was not a permitted or conditional use in the B-3
district and, if they wished to pursue the issue, it would be necessary to seek an amendment to
the zoning ordinance. The applicants came to City Hall and discussed the procedure with staff
and subsequently filed this application. The ordinance provides that a use not specifically
designated as a permitted or conditional use anywhere in the City is considered prohibited and
authorizes the Planning Commission to initiate an amendment to the ordinance if it finds, after
MN082696DOC PAGE 1
due consideration, such a use is acceptable and whether it should be a permitted or conditional
use.
Staff believes it is appropriate to establish game rooms (video arcades, pool halls) as conditional
uses in the B-3 district, subject to the following conditions in addition to those all conditional
uses must meet:
· The hours of operation shall be limited to between 9:00 AM and 10:00 PM.
· Such use shall be located at least 150 feet from the nearest residential structure.
· Parking shall be calculated based on all uses within the structure or tenant space, using
parking standards in the code.
Comments from the public:
Sue Stang, 4818 Bluff Heights Trail, stressed this youth center is not strictly an arcade and will
be an adult supervised facility. The center will be open to 17 year olds and younger. They will
follow the times established in the ordinance curfew section and will set hours as follows:
Saturday and Sunday: I0:00 a.m.- 8:30 p.m., Monday o Friday 2:00 p.m. -8:30 p.m. and stay
within the 9:00 curfew.
Lyle Dun', 4680 Tower St. SE, owner of Kathryn's Hallmark in the Priordale Mall said
customers came in and stated with the center being located in the mall, they are concerned about
teenagers loitering around the parking lot and access to mall with a bunch of kids. He is hopeful
the business owners will take care of these issues. His business is located across the hall and his
concern is for the noise coming out into the hallway which could disrupt other businesses. Mr.
Durr said there are limited bathroom facilities in the mall. His main interest is for his customers
and the safety for children with a proper facility to come to.
Comments from the Commissioners:
Vonhof:
· First concern is for the game room, the surrounding area and the problems that occur with
loitering and parking concerns.
· Rye said the parking issue is for the mall management. If the concem is people coming to
the mall and sitting around the parking lot, the management will have to deal with the
problem as a private owner. The City can limit speed if there is a danger to the public, health
care and welfare. There is an ordinance for loitering occurring after curfew.
· As a conditional use, the City puts specific conditions and restrictions on the use.
· Rye said it depends on conditions and legitimate concerns. The City can design specific
conditions to address potential or procedural problems.
· Most appropriate under the B-3 Zoning district.
· Definition for game rooms addressed.
· Would like to see at least one adult on premises at all times.
· Hours of operation should be consistent with the curfew ordinance.
Stamson:
· Agrees with the type of facility.
· B-3 is the appropriate district.
· Parking requirements should be consistent with bars/restaurant.
MN082696. DOC PAGE 2
Noise is a management issue.
Not fair to make other people responsible for incidents off site.
· Agrees with closing times but more flexible. Churches and other organizations rent
establishments for over night use.
· Building code requirements for restrooms. Depends on occupancy load. Building Code will
address issue.
· Adult on premises condition.
Wueliner:
· There is a need for a youth facility. If run well will be an asset for the community. The
responsibility will fall on the management.
· Right facility for B-3 district.
· Adult on premises. Define adult as 21 years old.
Criego:
· Stang addressed several issues including age control. Parents or legal guardian will have to
register the child. The regulations and rules will be given out at that time and the child will
be issued an ID card. This maintains a record of any problems with kids. There will be strict
rules. An adult over the age of 21 will be the on premises at all times. Also, there is no
admission charge. The access to the center will be strictly outside.
· Questioned noise issue into the mall area. Stang said all the machines have volume controls.
· B-3 district is allowed.
· Condition for adult as over 21 years.
· Condition noise is contained - not to cause problem.
· Agrees with registering patrons.
· Agree to stay within curfew limitations.
MOTION BY VONHOF, SECOND BY WUELLNER, TO APPROVE ORDINANCE
AMENDMENT 96-XX, THAT GAME ROOMS BE ADDED TO CITY CODE SECTION 5-1-7
AND 5-3-3 AND AMENDING SECTIONS 3.2 AND 8. l OF ZONING ORDINANCE 83-6.
AMEND WITH THE FOLLOWING CONDITIONS. 1) THE HOURS OF OPERATION TO BE
CONSISTENT WITH THE CITY OF PRIOR LAKE'S CURFEW ORDINANCE. 2) THE USE
SHALL BE LOCATED AT LEAST 150 FEET FROM THE NEAREST RESIDENTIAL
STRUCTURE. 3) PARKING SHALL BE CALCULATE BASED ON ALL USES WITHIN
THE STRUCTURE OR TENANT SPACE, USING PARKING STANDARDS IN THE CITY
CODE. 4) THERE SHALL BE AN ADULT OVER THE AGE OF 21 ON PREMISES AT ALL
TIMES DURING THE HOURS OF OPERATION.
General Discussion:
· Hours of operation - The ordinance curfew section will address church groups.
· Registering patrons is part of management not a land use issue. Registering should not be
part of the ordinance.
· May want to incorporate in the future.
· Rye addressed the school groups and curfew issues - there are provisions exempting church
group sponsored activities with accompanying adults.
Vote taken signified ayes by Vonhof, Wuellner, Criego and Stamson. MOTION CARRIED.
The public hearing was closed.
MN082696.DOC PAGE 3
Case #96=073 Ebenezer Ridges = Ordinance Amendment to Allow Adult Day Care
Facilities in the Business and Residential Zoning Districts.
The hearing was open to the public and a sign-up sheet was circulated to the public. Planning
Director Don Rye presented the information from the Staff Report dated August 26, 1996.
The applicant is seeking an amendment to the Zoning Ordinance in order to include adult day
care facilities as a permitted use within the business and residential zoning district. Adult day
care is similar to the children's day care as it provides a safe place for those who cannot
completely care for themselves. The facility would provide care to functionally impaired adults
on a regular basis for periods of less than 24 hours in a structure that is not the residence of the
person being served or the facility operator. Staff recommends approval of the request as
proposed or with specific modifications.
Comments from the public:
Susan Stenson, resides at 5850 140th Street, representing Ebenezer Ridges Care Center in
Burnsville. The proposed Prior Lake site is at the Assembly of God's Church. The applicants
would like to eventually license 12 to 25 clients. Days of operation to start with would be
Monday, Tuesday and Thursday, 8:00 a.m. to 4:00 p.m. They are licensed by the Department of
Human Services and re-license on a 2 year basis. Currently there are no adult day care centers in
Scott County and applicants would like to see the area served. Applicant handed out information
regarding the program.
Comments from the Commissioners:
Wuellner:
· Staffing for facility will depend on number of clients. The ratio for this facility would be 1
(staff) to 8 (clients). Typically they combine groups and the ratio would be I to 6.
· Stenson explained the difference with child care and adult care. Adult care is mainly dealing
with a frailer population who have medical difficulties and health issues. They help clients
with multiple health problems. Scott County provides transportation to the facilities. There
is also a social interaction. This program is for the care giver as well as the patron. Many
children and grandchildren are taking care of the clients.
Stamson:
· Excellent use and positive affects.
· Similarities with traffic and use as child care centers.
· Addition to parking - require participants park on site. Staff to park on street. Could be a
problem in residential areas.
Vonhof:
· Analysis is accurate as far as similarities of child day care.
· Should the City use same number of 12 person definition for child as adults.
· Rye explained the number 12 was the same as child day care. The City can increase number.
Do not want to lose compatibility with neighborhood. The rationale is the State Department
of Human Services set the number 12.
· Go with recommended 12.
MN082696.DOC PAGE 4
· Agree with adult day care definition.
· Off street parking provided for staff.
Criego:
· Agree with Commissioners.
· Recommend on-site parking.
· Stenson spoke on the limit of 12. The stipulation is 40 sq. feet for each person (client and
staff) by the Department of Human Services. Her recommendation would be to allow 20 to
25 for this facility.
· Neighborhoods would not like 40 patrons.
Wuellner:
· Feels this should be a conditional use in a residential area.
· Rye explained a different slant. If there is a concern operating in a house and creating
problems, perhaps instead of calling it a permitted use, it could be allowed as an accessory
use in the R1 and R2 districts. It gives more certainty of the availability of parking. Traffic
would be less ora problem.
· Not opposed to land use but the affect on the surrounding neighborhoods.
Mrs. Stenson felt a reasonable number of patrons is 22.
Commissioner Stamson suggested tying in with the State licensing with 40' per patron.
MOTION BY CRIEGO, SECOND BY WUELLNER, TO ALLOW ADULT DAY CARE FOR
24 OR FEWER PERSONS AS AN ACCESSORY USE TO SCHOOLS AND CHURCHES IN
THE R1 AND R2 DISTRICTS.
Vote taken signified ayes by Criego, Wuellner, Stamson and Vonhof. MOTION CARRIED.
A recess was called at 8:15 p.m. The meeting reconvened at 8:26 p.m.
Case #96-045 Maple Hill 2nd Partnership - Preliminary Plat for Maple Hills 2nd
Addition.
Planning Coordinator Jane Kansier presented the information from the Staff Report dated August
26, 1996.
The City received an application for preliminary plat to be known as "Maple Hills Second
Addition". This site is located directly south of CR 42, about 1/4 mile east of Chatonka Beach
Road. There are two main issues with this development. First of all, municipal services are not
immediately available to the site. Development of the site depends on the extension of services
in CR 42, which is scheduled for 1998. For this reason, the applicant has requested a two (2)
year approval period for the preliminary plat. The Subdivision Ordinance requires a developer to
submit a final plat within one (1) year of the preliminary plat approval by the Council. The
question is whether or not a preliminary plat should be approved for an area without these
services. The applicant will also have the option of extending the services, with the
understanding that any additional, cost to the City would be his responsibility.
MN082696. DOC PAGE 5
The other issue concerning this development is its effect on the development of the property to
the south. The cul-de-sac in the southwest comer of this preliminary plat is accessible only from
the property to the south. The applicant is working with the owners of the property to the south,
Gold Nugget Development, on the location and grades of the cul-de-sac and the extension of
Bluebird Trail. Development of these streets will require this continued cooperation.
Staff recommends adoption of Resolution 96-28PC approving the preliminary plat of Maple
Hills Second Addition as presented and subject to conditions contained in the Resolution or with
specific changes directed by the Planning Commission.
Comments from the public:
Peter Knaeble, developer of the project, Brian Olson his partner, Randy Olson the realtor and
project developer for Knob Hill, Horst Graser were present. Mr. Knaeble explained their
contract with Knob Hill to tie in the Maple Hill project. They will share common streets and
utilities. The project would start at the earliest the spring of 1997. If water is not connected it
will start spring of 1998.
Acting City Engineer John Wingard spoke on the water and sewer issues. The water and sewer
systems are not available to this project at this time. Water is available to the east in the
Ferndale area as well as to the south at Carriage Hills. The City will construct a watermain with
the County's CR 42 upgrade project. Sanitary Sewer is available on Pike Lake Trail. The City
put in the 10" line extension crossing CR 42. This is the best area for the sewer connection to
Maple Hills Second Addition. Any extra cost to extend the sewer line on CR 42 will be paid by
the developer.
Carol Jarzyna, 14150 Rolling Oaks Circle, stated she had major concerns with the buiiding
projects currently going on and what our City can handle. She works in the school district and
sees the growing class size and the growing traffic on CR 42. Ms. Jarzyna feels the City needs to
preserve the natural surroundings.
Comments from the Commissioners:
Vonhof:
· First time an applicant came in with a development outside MUSA.
· Positive development working with the Knob Hill; small size; working roads together.
Two recent developments have had stub streets going no where.
· The density for R1 is appropriate.
· Generally a good plan.
· The tree preservation ordinance will have an impact on the development.
· Not sure on apl~roving a development so preliminary in terms of not having services
available.
Stamson:
· Good plat for a difficult piece of property in the R1 district.
· Same concern for stub street.
· Access off 42.
· Save trees.
MN082696. DOC PAGE6
Wueliner:
· Not against the preliminary plat but uncomfortable with the stub street issue or any kind of
development of property to the east. Sometimes developments work out.
· No readily available sewer and water.
Rather see further development plans for the Garling property. Does not like to see a
temporary access on CR 42.
· Do not jump into this when it is not planned for an other 2 years.
Criego:
· Knaeble addressed the grading and said it would take place as soon as the utilities are
available. This project is based on Knob Hill's approved plat.
· Knaeble addressed the green way trail.
· Knaeble explained why the project should be approved now. The County is going to work on
CR 42 and would like to know the utilities are in place. The applicants feel it is appropriate
to plan the development at this time.
· Concern for temporary road on CR 42. The City does not dictate when the County updates
its road projects.
Horst Graser, representing Gold Nugget Development and Knob Hill, pointed out the area
drainage and the agreement with the Maple Hill development. The neighboring Twiss property
is proposed to come in to City Staff within the next 6 to 8 weeks. The overall improvements to
Knob Hill is proposed for next spring.
Brian Olson, co-developer and landscape developer addressed the tree concerns and explained
the ultimate grading plan.
Wingard commented on the 500' cul-de-sac from the south. The City felt CR 42 connection was
preferable. He also explained the road connection with the east property. Scott County will not
allow a permanent access on CR 42.
Rye said the only access to the development is offeR 42, until the street connection to the south
is made.
Criego:
· No problems with preliminary plat approval as soon as there is a connection south.
· No problem to grant 2 year window.
· State in resolution no grading or development take place until water and sewer are in place.
MOTION BY VONHOF TO ADOPT RESOLUTION 96-28. NO SECOND.
MOTION BY WUELLNER TO TABLE THE MATTER UNTIL REVIEW OF THE
PRELIMINARY PLAT TO THE TWISS PROPERTY. NO SECOND.
Open discussion:
Vonhof:
· Understand concerns - put a sunset clause on the temporary road. There is an issue of having
another access to the development. It is a safety issue.
MN052696DOC PAGE 7
There is a written agreement between the applicant and Knob Hill. The major concern is for
the Garling property. The City does not need another stub street. Prefer to see the
developments work together as opposed to a free standing - no connection development.
This is not an ideal situation.
Criego:
· Applicant attempted to show the bigger picture in the development and are trying to work
together. It is a difficult issue: No harm in approving the development as it stands.
· Would like to see verbiage eliminating the temporary connection to CR 42.
Wuellner:
· The whole plan is predicated on what might happen in the future.
· Wingard said the Knob Hill and Maple Hill Second Addition will be developing together.
Stamson:
· Change the stub street to a temporary turn around.
· By design if the Knob Hill development completes consider the variance to the cul-de-sac.
· Potential for a lot of traffic and snow plows not being able to turn around.
· Concern for pond and grading. Under Condition #4 - applicants would have to redesign the
pond.
· Wingard said there is an existing easement on the Church property.
MOTION BY CRIEGO, SECOND BY VONHOF, TO APPROVE 96-28PC AS WRITTEN
WITH THE FOLLOWING CONDITIONS:
1) A TEMPORARY CUL-DE-SAC SHALL BE INSTALLED AT THE END OF THE
STREET ON THE EAST PROPERTY LINE.
2) THE TEMPORARY ROAD TO CR 42 BE ELIMINATED WHEN PROJECT TO THE
SOUTH IS COMPLETED AND A ROAD IS CONNECTED, AND
3) UPON FINAL PLAT A VARIANCE SHALL BE REQUESTED WHEN THE
TEMPORARY CONNECTION TO CR 42 IS ELIMINATED.
Vote taken signified ayes by Vonhof, Criego and Stamson, nay be Wueilner. MOTION
CARRIED.
The public hearing closed at 9:48 p.m.
5. Old Business:
Case #96-071 Dave Smith Variance (continued).
Jane presented the information from the Staff Report dated August 26, 1996.
On August 12, 1996, the Planning Commission tabled action on this variance application to
obtain additional information from the staff. Specifically, the Commissioners wanted
information on whether or not a gravel driveway was included in impervious surface. While a
gravel driveway is not specifically listed, the constant use of this surface will cause the gravel to
become packed down and will not allow the percolation of water. For this reason, the staff as
well as the DNR, interpreted impervious surface to include gravel driveways. If the Planning
Commission chooses to exempt a gravel driveway in this case, a variance to the requirement all
MNOB2696.DOC PAGE 8
driveways be paved will be necessary. Staff recommended denial of the application because of
the lack of demonstrated hardship under the Zoning Ordinance criteria.
If the Board of Adjustment finds this request meets the applicable criteria, approval of this
variance should be subject to the condition the garage and driveway addition be drawn on the
certificate of survey by a registered land surveyor, along with the dimensions and distances from
the lot lines.
Comments from the public:
Dave Smith, 2590 Spring Lake Road, explained his difficulty backing up trucks in the driveway
and getting on the road. He pointed out neighbors hammerhead driveways as a safety issue. Mr.
Smith presented pictures showing where he took out concrete in the front yard and where he can
replace with treated lumber for a deck and reduce the impervious surface. He can also take out 4
feet of the driveway and still get into his single car garage. Mr. Smith said he could put a grass
strip between the driveways to meet code.
Dave Smith, Lakeville, said this house was under water and now his son, Dave, has reconstructed
the home and property. By adding this garage and driveway it is a 100% improvement.
Comments from the Commissioners:
Wueliner:
· The originally proposed project by the applicant did not include the impervious surface. If it
did not meet the impervious surface code, the variance would have been denied. The
Commission approved the 67 foot setback from the road. Nothing was said about the garage.
If applicant can keep the impervious surface under 30%, withdraw the application and build
the garage.
Stamson:
There is no hardship.
build.
If applicant an keep the impervious surface under 30%, withdraw and
Vonhof:
· Applicant has complied with Commissioners' request to reduce the impervious surface.
· Applicant's driveway out to street meets ordinance requirements.
· Meets impervious surface code.
Criego:
· Withdraw variance application or the Commission can deny the request.
Mr. Smith stated for the record he would withdraw his application and bring a new survey to the
City.
Commissioner Vonhof stated the impervious surface stay under 30%.
A recess was called at 10:07 p.m. The meeting reconvened at 10:10 p.m.
6. New Business:
MN082696. DOC PAGE 9
7. Announcements and Correspondence:
Short discussion on the lakeshore tour including the lakeshore setbacks and vegetation screening;
Amend zoning ordinance to adequate screening; and work toward visual screening. Can be an
ordinance requirement.
Discussed the pile driving wall on-Inguadona Beach shore line; Green Heights conditional use
permit for 23 dock slips. The docks go out 150 feet into the lake. Neighbors are concerned with
other issues; Low water improvement; Identified bays that have been dredged at low water
times; Lake use planning.
See attached minutes.
8. Adjournment:
MOTION BY WUELLNER, SECOND BY VONHOF, TO ADJOURN MEETING.
Vote taken signified ayes by Wueilner, Vonhof, Stamson and Criego. MOTION CARRIED.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MN082696. DOC PAGEI 0