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HomeMy WebLinkAbout020394REGULAR PLANNING COMMISSION AGENDA Thursday, February 3, 1994 7:30 p.m. 7:35 p.m. 1. 8:30 p.m. 2. 8:45 p.m. 3. Call meeting to order. a) Review minutes of previous meeting. PUBLIC HEARING - Sign Ordinance PUBLIC HEARING CONTINUED-to consider Ordinance 94-05 establishing minimum setback and slope standards for driveway construction. CONDITIONAL USE HEARING CONTINUED-permit for Dan Reiland to operate a bed and breakfast at 5365 Shore Trail. Ali times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES February 3, 1994 The February 3, 1994, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Gina Mitchell, and Secretary Rim Schewe. REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOb-qTJS, SECOND BY VONHOF, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. MOTION CARRIED. A recess was called at 7:31 P.M. to await the next scheduled agenda item. The meeting was reconvened at 7:35 P.M. ITEM I - PUBLIC HEARING - SIGN ORDINANCE The Public Hearing was called to order at 7:35 P.M. The public was in attendance and a sign-up sheet was circulated. Steve Grittman of Northwest Associated Consultants, Inc., 5775 Wayzata Blvd. St. Louis Park, presented the a brief summary on the proposed sign ordinance amendment. This draft ordinance is the result of over three years of work including public workshops, meetings with business owners, and Staff comments. Ray Lemley, Hollywood Bar & Grill, 16701 Toronto Ave. SE, stated his concerns on various sections of the proposed ordinance, ie: streamers, pennants, banners, animated signs, flashing signs, and billboards. Mr. Lemley felt that traffic will increase and businesses should be able to advertise and direct the public to Prior Lake. He also stated that the sign for his business was not of adequate footage to allow the sign to be visible from a distance. Deb Garross, Assistance City Planner, addressed Mr. Lemley's concerns in regard to the bank signs. These are defined as electronic message sign and are permitted. Members of the Commission had concerns on streamers and wanted this issue addressed. City Staff has received favorable comments from the public regarding the exclusion of billboards in Prior Lake. Dick Casey, Viking Liquor Barrel, 16290 Hwy 13 South, gave a brief outline of the problems he encountered when he applied for a sign for his business. Mr. Casey felt that liquor stores should be given extra allowance due to the restrictions from the State Statutes on liquor establishments. The only place he can advertise product signs is in the windows and objected to the reduction of 75% to 50% for window display advertising. He also felt this ordinance is too restrictive to the PLANNING COMMISSION St. S.E., Prior Lake, Minneso~t~ll~ph.------~ (612)447-4230 / Fax (612)447-4245 4629 Dakota AN EQUAL OPPORTUNITY EMPLOYER liquor stores. Several items Mr. Casey disagreed with were; the time and size allowed for balloon signs, balloons should be allowed for special occasions, and illuminated signs. Comments from the Commissioners were; regulations of liquor stores, billboard restrictions, window advertising, free-standing sign measurement, strobe lights, grade measurements, not in favor of 50% window display, snipe signs, balloon signs regulations, At 8:35 P.M. Chairman Arnold stated the Sign Ordinance Public Hearing will be continued to the end of the agenda as a second public hearing was scheduled for 8:30 P.M. ITEM H - PUBLIC HEARING - DRIVEWAY STANDARDS - TO CONSIDER ORDINANCE 94-05 The Public Hearing was called to order at 8:38 P.M. This public hearing was continued and is to consider amending the zoning and subdivision ordinances to incorporate driveway standards. Deb Gal'ross, Assistant City Planner, presented the information as per the Planning Report of February 3, 1994. The changes outlined by the Commissioners at the January 20, 1994, meeting were incorporated into the proposed Ordinance 94-05. Comments from the Commissioners discussed the changes and were in support of the proposal. MOTION BY ROSETH, SECOND BY VONHOF, TO RECOMMEND TO CITY COUNCIL THE ADOPTION OF RESOLUTION 94-05 AMENDING THE ZONING AND SUBDIVISION ORDINANCES TO INCORPORATE DRIVEWAY STANDARDS AS REVISED. Vote taken signified ayes by Roseth, Vonhof, Arnold, and Loftus. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY ROSETH, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Loftus, Roseth, Vonhof, and Arnold. MOTION CARRIED. Public Hearing was closed at 8:45 P.M. A recess was called at 8:45 P.M. and the meeting reconvened at 8:50 P.M. ITEM HI - CONDITIONAL USE CONTINUED - DAN REILAND Dan Reiland, 5365 Shore Trail, stated he wishes to operate a bed and breakfast facility at his residence and is requesting a conditional use to obtain this goal. The house has seven bedrooms, it would be owner occupied, only one meal will be served to the guests, no liquor, and the guests would not be using the lake. There is a six car garage and parldng for 12 vehicles. The facility has been inspected for code compliance. The highest number of guests at one time would be eight. Deb Garross, Assistant City Planner, presented the information as per the Planning Report of February 3, 1994. The Zoning Ordinance does not specifically contain a provision for bed and breakfast operations, therefore the application is fried for a conditional use permit for a boarding house within a R-1 Zone. Staff has researched twenty cities and received information from eleven which is attached to the report. In reviewing this information it is clear community's regulate bed & breakfast uses by conditional use permit and have specific performance criteria applied to them. The Planning Commission has several alternatives regarding the conditional use application. The Commission can recommend that the definition of boarding house be broadened by granting PLANNING COMMISSION February 3, 1994 Page 2 the conditional use permit. A second alternative is to approve the conditional use permit subject to similar conditions that are required of a bed and breakfast by other Cities. A third alternative is to table or continue the item for further information. If it is the intent of the Planning Commission to allow a bed and breakfast operation, the decision could be made to place a moratorium on such operations until the Zoning Ordinance can be properly amended to include specific conditions for bed and breakfast operations as well as def'me appropriate zones for their location. The f'mal alternative is to deny the conditional use permit based upon an insufficient application and inconsistency with the Zoning Ordinance. Recommendation from Staff is to deny the conditional use permit application because the Zoning Ordinance does not contain provisions to adequately regulate a bed and breakfast facility and approval could result in a negative precedent potentially detrimental to the health and welfare of existing neighborhoods. A letter received this week from Velda Murins of 5415 Shore Trail, opposing the bed and breakfast application was noted for the record. Letters from the following individuals stating their opposition to the conditional use permit were received earlier and are included in the Planning Report: Andris Valdmanis, 5425 Shore Trail; Nancy A. Nelson, 5381 Shore Trail NE; Joseph & Bonnie Bush, 5281 Shore Trail NE; Gretchen Bush Wilmes,(no address given); Steven C. Andree, 14520 Shore Lane. Ed McCorkell, 5475 Shore Trail NE, asked about deed restrictions and covenants not allowing the property to be commercial. Mr. McCorkell was advised this is part of the homeowners association and/or property owners responsibility to research. Vik Kontors, 5386 Shore Trail NE, opposed the application citing increased pedesu'ian and vehicular traffic, lake use, too many non-residents, and property would be affected. Mr. Kontors asked if the road used to the lake for a commercial use can be used without the residents permission. Nancy Peterson, 5330 Shore Trial, voiced her opposition to the application. The area is residential, codes are not in place for this use, and a precedent would be set. Typically a bed and breakfast is in a historical home or area. This neighborhood is not conducive to a bed and breakfast facility. Commissioner comments were; Roseth: Age of house, legal description of site, use is not outlined in the code, and is not in favor of the application; Vonhof: Homes are usually on the historical register, no sidewalks in area, traffic increase, question on the common driveway used as access to lake and use is not consistent with the neighborhood; Loftus: Felt conditional use can be allowed if conditions are met, there are no homes in Prior Lake that are 75 years old of a significant structure, site has a beautiful vista, concept of boarding house code is antiquated, alternate use to consider for large houses when families leave home, and asked the applicant how he intended to market the use and what type of clientele he was anticipating; Arnold-could see both sides of question and concept has potential but the code does not specifically address the situation. Dan Reiland stated that the length of stay would be one or two nights, the charge would be $100-$125 per night, one full breakfast, use of rear yard, sun room and deck. The stays would be from Tuesday to Saturday. The criteria for bed and breakfast uses are set by a Bed & Breakfast Association. Janice Thornton, 5485 Shore Trail, stated she had stayed in bed and breakfast establishments in Europe and Illinois. She was pleased with the accommodations, but would be opposed to a bed and breakfast in her neighborhood. PLANNING COMMISSION February 3, 1994 Page 3 Discussion followed on tabling the application, applicant signing a waiver on time limit, should be a resolution to the application now rather than having the applicant and neighborhood in limbo awaiting an amendment to the ordinance. MOTION BY VONHOF, SECOND BY ROSETH, TO DENY THE CONDITIONAL USE PERMIT APPLICATION TO ALLOW A BED AND BREAKFAST OPERATION AT 5365 SHORE TRAIL NE AND TO PLACE A MORATORIUM ON SUCH OPERATIONS UNTIL THE ZONING ORDINANCE CAN BE PROPERLY AMENDED TO INCLUDE SPECIFIC CONDITIONS FOR BED AND BREAKFAST OPERATIONS AS WELL AS TO DEFINE APPROPRIATE ZONES FOR THEIR LOCATIONS. RATIONALE BEING THAT THE ZONING ORDINANCE DOES NOT CONTAIN PROVISIONS TO ADEQUATELY REGULATE BED AND BREAKFAST FACILITY AND DUE TO THE LOW DENSITY RESIDENTIAL NATURE AND CHARACTERISTICS OF THIS NEIGHBORHOOD THE CONVERSION OF A SINGLE FAMILY HOME TO A COMMERCIAL VENTURE IS NOT A CONDUCIVE USE. Kristine Kontors, 5386 Shore Trail, was recognized to speak by Commissioner Loftus. Ms. Kontors felt that the audience was being ignored. Chairman Arnold advised Ms. Kontors the motion was on the floor and a solution was being worked out. Vote taken signified ayes by Vonhof, Arnold, and Roseth. Nay by Loftus. MOTION CARRIED. Mr. Reiland was advised that the application will be forwarded to the City Council. Public Heating for the Sign Ordinance was recalled to order at 10:05 P.M. Commissioner Vonhof felt that the proposed draft is difficult to understand and requested it be made more user friendly by incorporating an index or glossary. Discussion followed on various formats that could be followed. MOTION BY ROSETH, SECOND BY VONHOF, TO CONTINUE THE PUBLIC HEARING ON THE SIGN ORDINANCE TO MARCH 3, 1994, AT 7:30 P.M. Vote taken signified ayes by Roseth, Vonhof, Arnold, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Loftus, Arnold, and Vonhof. MOTION CARRIED. The meeting adjourned at 10:30 P.M. Tapes of the meeting are on f'fle at City Hall. The following discussion is not on tape. Mr. Graser asked the Commissioners for items to put on the retreat agenda. Several topics were discussed and the meeting concluded at 11:00 P.M. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING COMMISSION February 3, 1994 Page 4