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HomeMy WebLinkAbout061694REGULAR PLANNING COMMISSION AGENDA Thursday, June 16, 1994 5:00 p.m. Workshop for Conditional Use Permit and Variances for Eagle Creek Properties 6:00 p.m. Call meeting to order. a) Review minutes of previous meeting. 6:00 p.m. 1. 7:00 p.m. 2. CONTINUATION OF HEARING Consider application for Conditional Use Permit and Variances for Eagle Creek Properties PUBLIC HEARING- Consider a Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Variances for Wayne Fleck of "Knob Hill" 9:00 p.m. 3. CONDITIONAL USE PERMIT & VARIANCE Consider application for Steve Nielson 9:45 p.m. 4. 10:00 p.m. 5. VARIANCE - Consider application for Greg Engebos VARIANCE - Consider application for David and Marianne Frees All 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. A61694 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 JUNE 16, 1994 The June 16, 1994, Planning Commission Meeting was called to order by Chairman Amold at 6:00 EM. Those present were Cornrnissioners Roseth, Amold, Loftus, Vonhof, Kuykendall, Director of Planning Homt Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe. Due to malfunction of the tape, approval of the minutes was not recorded. REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFFUS, SECOND BY ROSETH, TO APPROVE THE MINU'IES AS WR1TIEN. Vote taken signified ayes by Arnold, Roseth, Kuykendall, and Loftus. Commissioner Vonhof abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM I - CONTINUATION ON CONDITIONAL USE PERM1T AND VARIANCES FOR EAGLE CREEK PROPERTIES Horst Grase~; Planning Dh'ector, presented the information as per planning report dated June 16, 1994. He surmmrized items 1 - 8 listed ha the planning report. Mi: Huemoelle~; presented changes to the items mo~tioned above for the applicant Nan Miller, 3647 Gm'field Avenue South, Minneapolis, representing the Grainwood West Townhome Association, objected to being handed a new plan upon entering the meeting. Her objections were as follows: there is no designation for storage; parking is ah-eady filled; adding storage to the property will cause damage to the townhome property due to the appearance of the marina property, there is no designation for the additional slippage for the Sheriffs; and lack of a legal definition of the lakeshore association. B~yce Huemoelle~; 16670 F~zmklin Trail, explained the definition of a lakeshore association as members of lakeshore or deeded property that have access via an association on l:h'ior Lake. Item 3 was sumn~'ized as adding recreation vehicles with a maximum of 500 pounds gloss weight. Nan Miller disagreed with the broad definition of a recreational vehicle in item 4 because it would include non-marhaa associated velficles in an ah'eady congested at'ea. B~yce Huemoeller su~rnmrized item 4 as specifying the limitation of retail sales of recreation vehicles by the Mm'ina to watercraft/recreational vehicles, related items, and motors, new and used; mmine pat'ts, equipment, and accessories; and other water spo~ equipment. Item 5 addresses a futme service shop addition mad buikLhag remodeling, which does require a variance for repah's m~d services yea' round for PLANI~ I NG COM>~I SS I ON June 16, 1994 Page 1 wate~ci~x/recreational vehicles. Item 6 dealt with the food service offered by the Ma-ina. This would allow the Marina to engage in the sale of food and beverages and related services necessary and incidental to the operation of a cornma'cial marina. Also, the Marina would be allowed to have periodical special events, benefits, promotions mad related activities on premises, subject to being in compliance with City Nan Miller wanted limits on the nmnber and types of events. Also she expressed concern about unlimited food service. She objects to special events, benefits, or promotions unless it's a sale of the related retail property. Bryce Huemoeller argued that the limitations should be left as they me, rather than specifying exactly wlmt is allowed. The marina should be able to participate in special events such as community celebrations and customer appreciation days like any other business operation would. They do not want to limit what type of events they can have. Commissioner Kuykendall disagreed saying that without limitation, "etc. and the like" was too abm'act and wide open. He suggested striking this verbage and the applicant coming back with specifics. Diane Sent2d'z, Eagle Creek Properties, Wagon Bridge Marina, addiessed the elimination of the "em, and the like..." related to the types of food that will be sold at the marina. It was agreed that Sentyrz would come back with an itemized, detailed list of products. She requested that a Customer Appreciation Day and possibly an antique boat show, be the types of special events allowed. Nan Miller objected to approving an unseen list of items to be sold that would be later submitted by Senty~2. She suggested lin-fiting the hom~ of an event and requhing permits to ensure compliance with City O~dinances. Ms. Miller also commented on the pm'king congestion. Commissioner Loftus questioned the additional uses of wate~x:mft and the u'affic flow problems wkh ordering food in from other venders and rental trips. Bryce Huernoeller stated that rental is cm~:ently allowed under the zoning certificate and that the tour boat is the only rental addition. Diane Sentyrz noted that there are currently three fishing boats in the harbor, two pontoon boats for rental, fora' personal watercraft waverunners for rental, a tom' boat is on o~rler, and cun'ently there are no parasailing boats, sailbomrts or sailboats. Nan Miller questioned why City staff opposed in 1989 pat-king on lot 11 bm now is not objecting to it, and also the size and number of pat'king spaces available for people who will be using the tom' boat. MOTION BY KUYKENDAII., SECOND BY LOFTUS, TO CONTINUE THE CONDITIONAL USE PERM1T AND VARIANCE FOR EAGLE CREEK PROPERTY HEARING TO JULY 7, 1994, 8:00 P.M. Vote taken signified ayes by Kuykendall, Loftus, Roseth, Amold, and Vonhof. MOTION CARRIED. A recess was called at 7:05 P.M. The meeting was reconvened at 7:13 P.M. ITEM H - PUBLIC HEARING - GOLD NUGGET-COMPREHENSIVE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT AND VARIANCES FOR KNOB HILL ~e Public Hearing was called to order at 7:14 P.M. by Chairman Arnold. The public was in allendance and a sign-up sheet was ch'culated. PL;/~rN I NG COMMISSION June 16, 1994 Page 2 Wayne Tauer, Pioneer Engineering, representing the applicant Wayne Fleck of Gold Nugget Development, gave an overview of the application for the proposed subdivision. The development will have 173 single family lots and will be done in three phases. Horst Glaser, Director of Planning presented the information as per planning report of June 16, 1994, and stated the requested action is for a comprehensive plan amendment for approximately 40 acres of existing medium density designation to low density; inclusion of that po~'don of Pike Lake Trail lying south of County Road 42 be designated as a collector street in the transportation chapter of the comprehensive plan; rezoning of approximately 30 acres from C-1 to R-1 zoning; preliminary plat; and variances. 1Vh: Gmser demonstrated on maps the area in question. The applicant has avoided grading and tried to meet the City Code as much as possible. Resolutions have been outlined wkh issues listed for the Commissionms to discuss and act upon. Brace Loney, Assistant City Engineer, gave a slide presentation of the wetlands in the proposed subdivision and commented on NURP pond designs, locations, drainage and storm sewer impact. Lan'y Anderson, City Engineen commented on the transportation plan adopted in 1981, which has since become outdated. Cm~'iage Hills Road is defined in the plan as a collecton He recommends that the Planning Commission accept Resolution 94-03PC adding Pike Lake Trail as a collector street in the comprehensive transportation plan. Bill Mangan, Director of Parks and Recreation, discussed the parkland dedicated in the subdivision, green space, trail system, and the location of sidewalks within the plat. Park access has been provided, and the Park Advisory Committee has recommended an 8 foot bituminous path be put in as soon as possible. Outlet B is not acceptable for park dedication, since it is a wetland and serves no value as park open space. The City's objective in this alea of the corrmqunity is to preserve a green corridor extending through the Vieding property to the lake. Pat Lynch, DNR Hych'ologist, 1200 Warner Road St. Paul, had comments pertaining to Basin E being a DNR regulated wetland, crossing this basin with any type of utilities requites a license, in particular for the proposed NURP basin on the east side of the pond. He recommended for the m~ea between basins G and I where mitigation is proposed, that the wetland delineation be confmned so that the mitigation area is not actually a type 7 wetland. He also requested that the proposed NURP ponds be checked to see that they are sized appropriately. He questioned the need for grading the steep slopes in Outlot A and recommmded that they mmah~ as they me for water qt~ty and habitat purposes since it is not part of a building site. Another recommendation is to have an erosion control plan approved by the Scott County Soil and Water Conservation Disu'ict- Lloyd Be~ggmn, 4853 Beach Su'eet NE, mentioned that them is ah'eady a holcling pond on the east end of Beach Street, and that it seemed unnecessary to put in another for storm sewer rtmoff since the f'u'st one seldom, if ever, filled up. Brace Loney explained how the standards and designs of holdh~g ponds have changed in the last 2 yeats, and that now ponds are designed to allow sediments and pollutants in the storm water to filter out, resulting in cleaner water; whereas, the one on Beach Street was designed as a dry pond, not a wet one. Lan7 Anderson said in mrler to avoid a land acquisition for street N, the street location could be moved to the east to get a dh'ect com~ection to Beach Street and thereby avoiding any right-of-way acquisition. The water quality pond could potentially be reduced in size because hi 1985 another pond was conseucted that could be us~ for some of the water qtmlity effolts in the re'ea. Evan Shaddeck, 4841 Beach Su'eet, encouraged leaving the ama and u'ees alone as much as possible. He ',dso questioned the location of the intersection of Pike Lake Trail and Can'iage Hills Pak-way. PLANNING COMMISSION June 16, 1994 Page 3 Larry Anderson responded that due to the location of the intemection of Carriage Hills Paikway they wanted to have a separation of 300 feet between this intepsection and the Pike Lake Trail intersection. Also due to the topog]~tphy of the Vierling site to the south of Carriage Hills Parkway, future development of the knob could only be served by a coo-de-sac off of Pike Lake Trail. Roy Strumbe, 4913 Beach and owner of Lot A, expressed concem about the furore of Chatonka Beach Trail. He felt that Chatonka Beach Trail is an easement that serves his neighborhood, and the vacation of it is not a civil problem between the property owners which it serves. He requests strongly that the City incorporate Chatonka Beach Trail into their agreement with the development of this parcel, and that the trail system be extended to wetland basins D, F, and G. Finally, he believed that it is a very good design to have a sidewalk on street N to allow the residents of Beach Su:eet access to the sidewalk/nail system. Commissioner Loftus questioned the significance of the 410-foot coo-de-sac vafiance request, the absence of turnaround on short streets because people woood be turning around in other people's driveways, standards related to steep slopes in NURP ponds, and the preservation of steep slopes within the plat. Commissioner Roseth expressed his desire to eliminate as much of the grading of steep slopes as possible and the preservation of as many trees as possible. He also questioned why there was the need to build a new holdh~g pond rather than make use of the existing one on Beach Street, whether or not there woood be walking nails to ponds D, F, and G, and if the holding ponds woood be linked to an active play area. Evan Shaddeck, 4841 Beach Su'eet, also agreed that excessive grading is propose& Dmme Melling, 4833 Beach Street, asked for clarification on the amount of grading and loss of u'ees that will occur on the lakeshom lots adjacent to his. Wayne Tauer explained that the amount of grading in this area was to be minimal and that the trees and area will likely be preserved as the house built there will be custom designed and it was very unlikely a house of such a stature would have the area completely leveled out. Commissioner Vonhof questioned why Pike Lake Trail will be paved with a temporary sm'face. He mentioned the wetland replacement plan and the letter of credit for the financial security to be pl~ovided by the developer. Brace Loney explahaed that the letter of credit is a smety by the developer to insme what they're proposing to mm into a wedand will indeed happen and there me financial guarantees to see that it does happen, and if it doesn't then otl~er wetlands can be created. The fact that the NURP pond is standing between two wetlands does not warrant any additional cfitefia to be met. Corru-nissioner Vonhof stated that in lieu of the letter of credit, he woood be in favor of posting bonds. He also co~xunented on the Oudots, knobs in the playing field, 20% slopes, regrading of slopes, and support for the sidewalk ti-ail system. Co~rrnLssioner Kuyken 'dali, commented on underground utilities, easements, street lighting, holding pond slope design, collector streets, timefi'arne of phasing, fight-of-way, bus turnouts, and generally was in support of the application but suggested continuing. Larry Anderson stated the lighting plan has not been adchessed as of yet. James Boerhave, 14243 Mitoka Circle, co~ted on the fight-of-way dedicated by the Maple Hill Subdivision for Pike Lake Trail and due to the topography in this area it would be impractical to put sidewalks on both sides of Pike Lake Trail in ce~zain areas. Commissioner Amold asked for clarification on the reason for continuing the Public Hearing, and advised the Commissioners that the Resolutions weae explained in great detail. Mt: Tauer asked what issues the Commissioners were concemed with, as delay would cause a hardship for the developer since he has been working on the plans for over a year, through several changes in regulations during that time resulth~g in plans that had to be redone. MOTION BY KUYKENDAI l., SECOND BY LOFFUS, TO CONHNUE THE PUBLIC HEARING TO JULY 7, 1994, AT 10:00 P.M. Vote taken ayes by Kuykendall, Lofms, Arnold. Roseth, and Vonhof. MOTION CARRIED. A recess was called at 9:30 P.M. and the meeting was reconvened at 9:35 P.M. 1TEM III - CONDITIONAL USE PERMIT AND VARIANCE - STEVE NlELSEN Christopher Colby of Yaggy Colby Associates, represented the applicant, Steve Nielsen. The proposal is for a 8,606 square foot snip mall which would have a fast food restaurant (Taco Hut), Main Avenue Video Stole, and a sit-down Chinese restaurant. The site is located at the intersection of Pleasant Su'eet and STH 13. The appearance of the proposed building would blend in with the building to the north. Horst Gresen Dh'ector of Plmming, presented the information as per planning report of June 16, 1994. A conditional use permit is requested to allow a fast food restamant (Taco Hut) within the B-2 Community Business Zone, and a variance from the Zoning Chrth~ance, Section 6.5 to allow 35 parting stalls instead of the mquh'ed 70 stalls. The subject site is in a premier location because it has good exposure to STH 13 and is the only block left bo~rtered by STH 13. Traffic fol' the various uses would peak at different times, the movement is tight but it can be done. The m~chitectm-al design was done very well in keeping with the adjacent building to the north. Sewea' and water does exist to the site and drainage has been addressed. A screening and landscaping plan was submitted, although it is not requh'ed in the B-2 disn'ict The proposed use confo~rns to the disu'ict's permitted and conditional um provisions, and all general regulations of the ordinance. Larry Anderson, City Engineer, stated that Pleasant Street is a State Aid Road and felt the driveway on the subject site and the adjacent ch'iveway to the west should have a ten foot separation. COITL1TIenLs froITl the Commissioners were on: north door ope~fing, exterior material, proposed fighting, west side scme~fing, upgrade of existing sewer line, signage, parking spaces, relocation of ch/veway, taller trees in landscaping plan, hotu~3 of operation, one-way u'affic, 45-deglee angle parking, vehicular overhang, and employee parking. Steve Domh-ovski, Development Consultant for the applicant, stated they would give an easement to the adjacent property to the west if the ch-iveway could be left h~ its present location, provided there is a maintenance agleement with the property owner when it is developed. MOTION BY VONHOF, SECOND BY ROSETH TO APPROVE A CONDmONAL USE PERMIT BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIATE SCREENING ON THE WEST SIDE, EXTERIOR BUILDING MATERIAL ON WEST AND NORTH SIDE OF THE BUILDING BE OF AN ACCEPTABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2, ENTRANCE AND EXIT DRIVEWAY LOCATED ON PLEASANT STREET BE MOVED APPROXIMATELY 10 FEET TO THE EAST, ADDmONAL TAII. TREES BE PLACED IN THE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABLISHED AROUND THE NORTH AND WEST PORTION OF THE BUILDING AND BE APPROPRIATELY SIGNED. PLYING COMMISSION June 16, 1994 Page 5 Discussion followed on angle parking, after which Commissioners Vonhof and Roseth withdrew the motion. Steve Dombrovski stated they are not happy with one-way waffic design around the building. MOTION BY KUYKENDAI I ~ SECOND BY LOFTUS, TO CONTINUE TIlE CoNDmONAL USE PERMIT AND VARIANCE REQUEST FOR LOT 1, AND OUTLOT B, LANGHORST FIRST ADD1TION TO JULY 21, 1994, AND HAVE THE APPLICANT SUBMIT A NEW PARKING PLAN AND ONE-WAY TRAFFIC FLOW PLAN. Vote taken signified ayes by Kuykendall and Lofms. Nays by Vonhof, Amold and Roseth. MOTION FAILED. MOTION BY VONHOF, SECOND BY ROSETH TO APPROVE A CONDITIONAL USE PERMIT BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIATE SCRFFNING ON THE WEST SIDE, EXTERIOR BUILDING MATERIAL ON WEST AND NORTH SIDE OF THE BUILDING BE OF AN ACCFtXrABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2, ENTRANCE AND EXIT DRIVEWAY LOCATED ON PI JEASANT STREET BE MOVED APPROXIMATELY 10 FEET TO THE EAST, ADDmONAL TAI il. TRF. F~S BE PLACED IN THE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABIISHED AROUND THE NORTH AND WEST PORTION OF THE BUILDING AND BE APPROPRIATELY SIGNED, AND APPLICANT IS TO CONSIDER ANGLE PARKING. Vote taken signified ayes by Vonhof, Roseth, Amold, Kuykendall, and Loftus. MOTION CARRIED. MOTION B Y R OSETH, SECOND B Y VONHOF, TO APPROVE A VARIANCE FROM THE ZONING ORDINANCE, SEC-TI'ION 6.5 TO ALLOW THE APPLICANT TO PROVIDE 35 INSTEAD OF THE REQUIRED 70 PARKING STAII ~S ON S1TE. Vote taken signified ayes by Roseth, Vonhof, Loftus, Amold, and Kuykendall. MOTION CARRIED. ITEM IV- GREG ENGEBOS- VARIANCE Greg Engebos, 4931 Beach Sn'eet NE, stated he is the owner of the property at 14588 Glendale and is requesting two variances in oxrter to build a high quality home on a substandard lot. If the codes were adhered to, the proposed home could not be built. Mr Engebos stated he also owns the adjacent lot to the north side. Gina Mitchell, Associate Planner, presented the information as per the Planning Report of June 16, 1994. The subject site is a vacant lot' 56 feet wide by 140 feet deep. The subdivision was platted under the jurisdiction of a previous goveming body. The variances requested are a 3 foot north side yard variance from the 10 foot side yard setback requirement and a 5 foot south side yard variance from the 10 foot side yard setback requirement. There have been no variances granted within the Oakland Beach 1st Addition. Recomn'pmdation from Staff is to grant the 5 foot south side yard variance and deny the 3 foot north side yard variance. Granting the variances as requested would set a negative precedent. Comments fi.om tlie Commissioners were: too large of a house for lot, substandard lot, redesign plan to fit lot, and in the past the Commission has granted a 5 foot side yard variance to 50 foot lots, and on precedent set. The applicant stated he would change the 3 foot north side yard variance to a 2 foot variance. MOTION BY LOFFUS, SECOND BY , TO APPROVE A TWO (2) FOOT NORTH SIDE YARD VARIANCE AND A FIVE (5) FOOT SOUTH SIDE YARD VARIANCE FOR 14588 GLENDALE AVENUE SE, RATIONAI.F. BEING THE LOT IS SUBSTANDARD AND PLATIED UNDER A PREVIOUS GOVERNMENT. PLANNING COMMISSION June 16, 1994 Page 6 Motion died for lack of a second. MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE A FIVE (5) SOUTH SIDE YARD VARIANCE FROM THE TEN (10) SIDE YARD VARIANCE FOR 14588 Gl .ENDAI .E AVENUE AND DENY THE THREE (3) FOOT NORTH SIDE YARD VARIANCE FROM THE TEN (10) FOOT REQUIREMENT. RATIONAl F. FOR DENYING THE NORTH SIDE YARD VARIANCE IS THAT A PRECEDENF WOULD BE SET IN THE NEIGHBORHOOD. Discussion followed on precedent set, variances granted in the past and variance reference information was given. The applicant stated he would give a 3 foot deed restriction to lot 6 (the vacant lot to the north which he owns) if a 2 foot north side yard variance were granted to the subject site. Vote taken signified ayes by Roseth, Vonhof, Kuykendall and Amold. Nay by Loftus. Commissioner Loftus stated that precedent has not been set. MOTION CARRIED. (Correction 7-21-94) "Comrrdssioner Loftus stated that precedent has been set".) ITEM V - DAVID FREES - VARIANCE David Frees, Route 3, LeSueur, stated he is requesting a 68 foot variance in order to conslruct a single family home located at 6346 Conroy Street NE Due to the topography of the lot, he wishes to position the house to take advantage of the view and is trying to save large trees on the site. Ghaa Mitchell, Associate Planner, presented the information as per planning report of June 16, 1994. The request is for a 68 foot variance from the 75 foot lakeshore setback r~uirement. The subject site is approximately 15,114 square feet. The site is centered on a depression, the result is that the ordinary high water mark of l:hior Lake encroaches further north on this lot. There are 4 oak U'ees on the site ranging from 8 - 28 caliper inches. Staff recommends the applicant explore other options for locating his home which may result in losing the largest oak tree but saving 2 others. Staff is of the opinion that the variance requested is too ex~eme, and recommends denial. Joan Waund, realtor representing the property, stated because of the slope of the land the house has to be angled and the design of the house is unique. 1Vu'. Frees felt the largest oak tree can be saved and would take precautions in excavating, drainage and grading. A letter from DNR was read into the record opposing the 68 foot lakeshore variance. Corramnts from the Commissioners were: property is unique, room may be cut on large tree during construction regardless of where house is located, blockage of view by furore house to the west, the long flat slope of the lot pushes the legal building envelope close to the road, flood elevations and filling below 904, and analysis of alternative building opportunities. MOTION B Y LOb-TUS, SECOND BY VONHOF, TO DENY THE 68 FOOT LAKESHORE FROM THE 75 FOOT LAKESHORE SETBACK REQUIREMENT, RATIONAI.E BEING THE LOT IS NOT A SUBSTANDARD LOT, REQUEST GOES BEYOND PRECEDENT, AND OTHER OPTIONS CAN BE CONSIDERED. Discussions followed at which time the applicant showed an altemate plan that would require a 45 foot variance. The motion was withch'awrr PLANNING COMMISSION June 16. 1994 Page 7 BEING THE UNIQUE CHARACTER OF THE LOT, AND THE MEANDERING OF THE CONTOUR LINE CAUSES A HARDSHIP. Vote taken signified ayes by Vonhof, Loftus, Arnold, Kuykendall and Roseth. MOTION CARRIED. MOTION BY ROSETH, SECOND BY KUYKENDA1.1 ., TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Kuykendall, Vonhof, Arnold and Lofms. MOTION CARRIED. The meeting adjomned at 12:40 A.M. Tapes of meeting on file at City Hall. 904 Horst W. Graser Dhector of Planning Rita M. Schewe Recording Secretary pL~SrNING COMMISSION June 16~ 1994 Page 8