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04 23 2012 Agenda Packet
. Approval of Agenda: Consider Approval of April 9, 2012 Meeting Minutes; Public Hearings: A. #EP 12-109 l cDonarl s Re -Construction, Landform ngineering has submitted an application for a Preliminary Plat, and a Variance request from the minimum driveway and parking setback and minimum parking req uir meats for Section 1107.205 and 1107.304. The subject site is located south of TIS 13, north of Village Lake Drive and west of County Road 21 B. #EP 2-106 Spring Lake Regional Park C, *P. Stantec Consulting on behalf of Scott County has submitted an application for a Conditional Use Permit to allow grading in excess of 400 cubic yards within Spring Lake Regional Park* The subject site is located in the southwest corner of Prior Lake between County Road 02 and County Road 12 along County Road 81. C. #EP 2.113 Anna Trail and TSI 10 Concept Plan. Copper Creek Partners Inas submitted an application for a Concept Plan to subdivide an existing 7.4 -acre commercial lot into 4 commercial lots. The property is located at the northwest intersection of Anna Trail and TH 13. . old Business: Mone r New Business: None Announcements and Correspondence: A. Recent City Council discussions/decisions. P. 2012 First Quarter Building Activity and Residential Lot Supply Reports Adjournment: LAI I FILL, 11I PLANN IN 0 COM MISS 10N\1 I A E NDAW50911 Agenda.doe Phone 952.447.9800 / Fax 952.447.4245 \vww. i1 Fo pri rJa . ons PRIOR LACE PLANNING COMMISSION MINUTES MONDAY, April "', 201 1. call to order: Chairman Phelan called the April 9th, 2012, Planning Commission meeting rder at :00 p.m. Those present were Commissioners, r os ak# lahr�ik, spieler, and Phelan, Corr�� }i }��& Economic tz e, and Community " � Development Director Dan Fon, City Engineer Larry Puler} l=�'rann'. Jeff Development Assistant Peter Aldritt.'°•f Y 2. Approval ofAgenda: MOTION BY E LAHNIK, SECONDED BY ROSZAK TO Ali, AGENDA As PRESENTED. A* r r`. s VOTE: Ares, Spieler, los ak, Elahnik and Phelan. ,} ! +_ # Y 1`r 3. Consider Approval of March 26, 2012 Meeting MOTION BY ROSZAK, SECONDED BY BL MEETING MINUTES AS PRESENTED. TE: Ares, Roszak, Blahnik, spieler and 4. Public Hearings: None OldBusiness: .. #EP 11-101, Consider" : residential lots and 14.18 ac �TFF}T�F�FF4F✓} �Y . of the intersti.o+{::sAH P l a r.04M,t � ly be know •• Fow:" Fi FIF�S r��}�� #�F•TFT•# intersection `� consisting f ke pre se nted eagle Creed Esti f::= .SAH 21 and l= r• •F##�•a N-.-;,pjpgle family h THE APRIL MEETING E JANUARY 9TH, 2012 }gas Eagle Creek Estates consisting of 61 d property. The property is located northeast uest f -60i, uit,r Properties LLC for approval of a Preliminary Plat to s. The �&ert is located on � acre site located northeast of the Point Road and south of the Cardinal Fridge residential development, es and 12.7 acres of commercially designated property. City Engineer P;.,reso�Fd information about the utilities and street connection along Fish Point y Fr Fxk ♦�FiY*FF F ; '4 Road. The i �*+ nn cti iIF,isIF1FF'oir t Road will allow better access to other developments and schools that are north of the sits{xtx = m a utilities perspective, this new development allows the citty to better serge Cardinal Ridge. This site is ver} challenging in in teras of grading and drainage. There are numerous landlocked wetlands that drain into a landlocked lake. staff has worked with the developer to design a grading plan that will work with this site. Staff feels than the major storm water concerns have leen worked out with the developer. After reviewing the traffic study that was conducted, a decision was made to place a roundabout at the intersection of Fish Point Road and Credit Fiver Toad, which was the best solution to keep traffic moving and to prevent bank -ups. Planner Matzke added a phasing description of the development in relationship to the utilities. LA 12 1*1LEM12 PI,ANNfNG COMMIS SIOM 12 MINUTES N0409I2.doc Commissioner Comments and Questions: Roszak asked whether rain gardens were looked at as opposed to tying all the ponds together? Engineer Pppler responded that there will be infiltration features on this site. Spieler asked about the number of cars predicted to use Fish Point Load Engineer Pppler responded that the 2030 Corp Plan forecasts about 12,000 trips per day Spieler asked if there a median on Fish Point Road? Engineer Poppler responded fires. r r F . - * ■ r y=r•.ar i!S spieier asked if the roundabout is going to minimize traffic? }��:=:_•` sir=r=rxX ?�f}}rl! hTt ixlyl+ri}i Engineer P ppler responded that it is not to deter traffic, but rat her,":, -.'1'f to handle daily Ff*�#x•affe�F/R+�I YYy+*}hF}i}tra*Ain the area. Yx* ►! k. lahnik asked ghat about the definition of an over -story Planner Matzke responded that these trees are known deciduous trees, but n F.-'6dNfero s, decorative V r +.rrn ■ # ental trees. R�lY�S}[FYR=�% r 1+1 . ;�r*a#a'riiri • � a}�r lahnik asked about requirements for the hardwood vers}kh'ftroF:s :�� Y+# Planner Matzke responded that the tree preservation stand r �'# t the types of trees allowed. i#F}Y}�}FYlrl� Phelan stated that he likes the roundaboufftl further asked w',.} there is a sense of the range of gales of homes that we will be built! �f±�+`a}=:=�"::•,�.. •rrrr 1r�= = t,= ' r Y ���pF � r�rr *3A Planner Matzke responded that house prices`kel kbl :%tor. e in the 3 it is difficult to say in this type of market. i.� 4 + F F R 4`• 4 Phelan asked if there are an Planner Matzke respon substantial loss of tre$r trees to be saved. r .�...-.r. Blahnik asked whether the .'kFLLa ns of using orKe-,qi the -$400,000 range, but that ber in this site? 111 tlh'efkds massive g"fading that gill' take place than will result in a o rev r, a are constrQ ion limits that define a line on the site with some oj}I } :r. `i� iqq§...tq obtain.,bibrmits from different agencies? Engineer P -!- ' *_} s" ..� rhe ad"fY a-n� }sh •l` ?=I=r= af► Hits * ! Y r, + �::rt{to-nded t - F: +r tuber �r iit are required from different agencies that the deveiope • i need= �+ ,itoij },.}a= .i }, �n err the project to yore forward. r . !'h k rr F F R 1=yk -0k iwaY h n f iY J ,F n •[l� N a... t°a�'r yf�. •FR[aFYS`YiI*i*nor i a t r 3�+ A w }_} J_ • J"A S 4 F Y d a. f�} }#r #*Rrf}r}YYrrf, fFY�lxIY7�r MOTION ' � R A -I 111 � ��' h* �x B SPNDER LER T APPROVE THE PRELIMINARY PLAT T B KNOW As % E CREEK E� :FATESSTAFF RECOMMENDATIONS. VOTE: Ages, S t (-n Roszak, ]: hnik and Phelan. 6. New [[¢da nf aFra=:� t. as ka[= as Ra es A. #EP -122, Consider an Access Easement for the approved Combined Preliminary and f=inal Plat to be known as Bluffs of Candy Core consisting of approximately 1.07 acres of land to be subdivided into 3 lots for single family homes. This property is located east of Candor Cove Trail, north of TIS 13. Planner Matzke presented information related to a combined preliminary and final plat known as The Bluffs of Candy Lorre that was approved by the City Council on December 19, 2011. The resolution indicated that an access easement shall be granted for the properties of the Bluffs of Candy Lorre Plat LA 12 FILM 12 PLANNrNG COMMISI 112 MINUTESUN040912.doc 2 through the city owned property located at the northeast of the intersection of candor Cove Trail and State Trunk highway 13. The purpose of this item is for the Planning Commission to consider whether a proposed access easement is consistent with the Comprehensive Flan. Engineer P ppler* presented information on the grading portion of the project within the easement area. The property has very steep terrain and bluffs. In order to gain access to the site, the hill reeds to be cut and removed, and retaining walls need to be placed at various locations. Without the cooperation of the neighbor to allow grading a portion of that property, a 20 feet high retaining wall must be constructed. For fairness of the easement, staff drew a straight lire b tw : n the existing driveway and the proposed driveway through the city property up to a point that is :}r* 1,40 distance from the two driveways. This has 2 feet wall up at the property line point} but it t x f pers dowry to zero height at P r. the entrance of the property. Staff believes this is a good comprorr�l�. Y: e city property. Planner Matzke stated that ultimately the details of the easement:` 6e th�f���Roncil's decision because it is city -owned properly. The reason this item is prec.;,entib, to tine'';'g connmisston is that their duty is to analyze proposed easements in c of rT. ftoi-,vitk the036 �F.F � relnen ive Plan. Commissioner Comments andQuestions: Phelan asked whether there is an agreement between the"� 19. . F. � �r�i;other there will'be any issues between the neighbor if this moves to the City Council? �=tr+* d: -. Engineer P ppl r responded that it is up `t -thedeveloper, bort thJ ibe warts the city to define that r�,�rtaft»F, � �Fxh rY}}}xt s easement for hire= staff has worked with they g r and the Orel , rJo tray to get the existing � y✓* rti�*F+kr Y#At . }t}h}*#tF* � Y F�}x**YAl*#+h*}r+**+r retaining walls removed but have been Spieler asked how easements are interpretediii + }egard* h}; *gig oMprehensive Plan? #fi*h L Planner Matzke responded rF�rovt+a}*dk#x#+#+ fiY�}*AY�}A�`*ti�YAfwtl+f�if F4fi`*�+F�FoY nale access to buildable le lots of 'jxli1Y record. The parcel that is�s = m ese lotsgra li-v' en to the city by MNDOT to allover for access to the lots. y • •'Y a��Y' spieler asked whetKr W'F.1s a hei"N requirement i ;ip rd to the retaining wall? r#r+FYY}rrhrlk�f ' t`i .-t F+k¢F / ♦rr o-�fEngineer P ppler respond - %K-6%.-hot,-.,;q�heig t„requirement. Roszak as ;t i , rrOp com” E pry can MWgbout the other easement option from the applicant.? Planne,r,Mhtzkerespo ldd : A Ahat .�i�i-..?J-ay.Ja�L,.�J1� ant prone a letter regarding the other option as part of the Zl Corn issi s packet in or' k -,to show{ : iew point as to a reasonable easement. � rFR.+++1Ir5R �Fi riYFxrr�� I �+i e}+ �w�±.nwf�r.•r� �FrA�r*x� Jason M11lr}'VJoper, Illlinn'' rrrr.�polis stated that he had originally drafted a larger easement in order to give himself� AF exibility t Jhstall trees and sound buffers. Roszak asked whether' can be installed in the temporary easement? Engineer Ppler res �xnded that the developer could if he wanted to a for them. p p p sk asked whether that would help accomplish some of the developer's goals? Applicant [filler responded that it would, but also acted whether he could put some of the retaining walls out of the easement? Engineer P ppler responded that the city wants the galls under permanent easement because they do not want to be responsible for the maintenance of the walls. lah ik asked about the purpose of fringing this easement in front of the Planning Commission as to whether it is consistent with the 2030 Comprehensive Plan, and whether to move it forward, table it or deny it' Engineer P ppler responded that it is their duty to take action. Phelan stated that he agrees that it is in conformance with the 20 30 plan and wondered if this moves forward whether the Council is then Burdened with deciding temporary Frere final location of the easement -. lxi.�aFrFr r a}}r Planner Matzke responded that the reason the Planning Commission re eW§ phis is to make sure it is consistent with the goals and objectives of the 2030 Comprehensive PR The City Council will stili be determining the final location as part of their review. A MOTION I LAHNIK SECOND BY SPIELER TO APR PREPETUAL EASEMENT FOR THE ACCESS D I E A OTE: Ares, . ##EP 12-110, Consider aConcept Plan from Deerfield De`V"-e`fi5,' it from industrial to residential n support of a nwnhome develop is located in the southwest corner of Deer#i t. mstrial Park scut ��+�xar�+FF rFFFFFFFFFxrrF.* '`l F 1 t Y�a?FFIy FFFh Fxk}1FF}n1F - F, yil � ��f}}♦xSxx}kx}#A �JFXy ' F%Y■1 #�'F.YFY *I�Fk}F�I*IXi�A}rl�. AA�k�fFi . PIING F A ent related to a change in land use project on a acres. The property ' S IS 21. Communityand Economic Development Dir r Y;'* :Fpr sent0 information related to a Concept flan submittedf},r Deerfield Dorene'. fr'fr a tFr:r�-,sand zoning charge, a housing s fiW6"ifinal •k�r k+sad velopment project, and �: plat in the -0 �fiel indu f1:61 Park. The site is approximately a acres A concept pf � e i* rlr+rwi.'x'1 ra+.} ss is allowed -:-in Part 10 of City ity Codes for Subdivisions. Section 2."Concept Pl '�� rhich st iF ,{that discu si A: of the concept plan shall be advisoryand not r�+t+aFA,FFM as considered binding in"'r6go(, surr..nt plat revievxY.,:° Mike Pod residential..., 6velo m r sides alder. In teri "ti i'r : w • oes, 'a-ka}�. erent u eda 40"' includeslle Mfr F housing in Prfo,.r. k primarily to ate �" rt sew+#=n close proximity tot feels there is a need classifications and th i - orient St'.'01 [F ,filly presented information about the proposed l.erfie«iffi'dRustrial Park. This proposed site has residential housing on two .J dust -a . ' :#.tfue r view this area ars more of a mixed use ark since it �� •rrFa}Fig rsi + -.: 1, commercialand industrial. Th eir proposed development sing. fAccording to the Met Council, there is a need for this type of Baa„aa* of the medium/high density residential in the comprehensive plan is )u a . f the 42 corridor. There is not any medium density zoned lanai in PP rk where the growth of the work force housing will take lace. Mike -* g g f rpe of housing, and the site is surrounded by different zoning ould he a logical extension of the residential area currently in place. commissioner Comments andQuestions: spieler asked whether this is subsidized housing? Podawiltz responded that it is workforce housing using federal housing tax credits to keep rents affordable with no direct subsidy. Spieler asked whether there is a cast of Irving increase each gear? LA 12 EIDE U2. PLANNING MMI IONAI2 MINT UTEMN1040912.doe Podawiltz responded that there is not such ars increase. Spieler asked whether there a manager on site? Podawiltz responded that there is an onsite manager. Spieler asked where there is a community that has something similar to this Podawiltz responded the closest one developed by Podawiltz is in Buffalo. Fsk asked about the application process for the tenants? Podawiltz responded that the tenants apply through the management omMOn " x�lh�r t k # 1F > os ak asked whether tenants need to reapply every year? y[T •;Fh+Y i*ii• + F r s / Podawiltz responded that they do net. The average turnover rate ■ trt fi about enough time for people to sage money and get into the sin 1' { famil r� : l Blahnik asked whethera*a}f� :-_ +• '•; they complete any specific study r to,the nee d e Tmei}n Prior L.a et years, which seems to be ne market. is type of housing Podawil z responded that they look at loyal sources .01 P them d Qtermine if there ig'¢ {4,1 d as well ! a ■ f•'r+}�4�+s Y�•F rTA i_ STT�y1T�!#T#}FFFrI a Met Council and Minnesota Housing Finance data# r°`�:=:�:.,.rt �;�t�_TY++F,d! !•! i i • a ! T F t ++ f d sa + FA PI /,tiF 4 F. Y a Bl hnik asked about the process they went through with W '.,"6thefAWo developments and ghat the vacancy rate is on the other developments? ?°°d�.:.l.*.;:. Podawiltz responded that they have exper' �percent.� u '•� ams s+Y's +'al+� .. idI*[!ad'F�+FFr { •*d+s++=F TrT*T�fy'}*F �. dad Phelan asked how their track to make sureth ��� d not go overelb.4.F acome ca i 4 Y Y J FJ !"a 1F T F f y i r 'f*� }�#TxiTF�t �} ;�+ �y+F+lf FF Podawil responded that they check tenant In i nes a and if t ie r do not meet the requirements, time is allowed for theta to re l o a t �i� !*}#*rr t�},:t: yk:::::-±-ry r,•r r a ': �� f`+;t}}, -"t"# rF}�ry+� :�tfr +t'r`,T+• •sF••!, • ��y • t . rsr' Phelan asked more ahot t '" t1' bowed for they *'ants to rel -± te? }aaatai� Podawil z responded ffi'�t,Jt is onendar year. d+ a A! a t f x r T � 1'r+ T.alf fiYYfxff *Fh�h +kkx}Tx,� F•frrtfF! rx k y+ +µs a'fFirr'!Ft' iT w µ+lxrrr!lfrnr +'a ti t x t r r �yYr r+iff`! n � `y; rxrrrt+� i rS• / 'T[•/`f•4hSFF*l�#rr*,y Drreotor ) o nes pre ented*M re"I f rftVd :; j #rri r#T}lfn�n _ if rf _rIndustrial Park:�� : OhouUM;gAed ; five 'q-r'Y'r'rr' ■ discuss w evalrFiCond tIan 4 + a++`+} #IAF+Yy#�#�i�■yil#il'. `4 '�1 FFFF+hd+�iY \ ill r r r iia},i+llxf iii}►■ �� Y T t T f F. j fr♦ y •'[r•'•`1 Rr iy�r�+�+�+�,�` ` ! x a ■ r . �� ,FF.Tr■r fifFrF.f.} rr� y �i aha t x x f r .'wi+'+ . ' F•�i3fy�T�i�X wxtfi4 lssxtxffflhf!*rrrr YTr - ' �•!•• t•yf �r`f+r�k *t hriM i #r}!}f�}FFrr+ it • r+'`'•`r`•r+ !if�iYfFk4xt i+r% Commis r} + rr.Com ents anW{ estiongr r"histor r and the background of the Deerfield the Planning Commission should consider and Phelan stated ►�*`in; regard to � positive and negative land use aspects, that taking more industrial land away from *} is then eking away potentfaIl r higher property tax rate in the future. His own perception seems0:-Ne,contratto what the studies have now shown with an ample amount of industrial lanai. If thi -r'pp rturnit to generatesome shorter term tax revenue through medium density development,tiF'*�:�it ray mitigate some of the property taxes on the neighbors. There appears to he nothing alarming F'fbu t this item now. Blahnik stated the Deerfield Industrial Park Inas been there for quite awhile, and that there are substantial vacancies within the area. The Maxfield report appears to say that if this development were to go forward, there would still be enough industrial land. If there is a need now for medium density residential, it would make sense to potentially rezone this site. I os ak stated that he agrees with his fellow commissioners. He would prefer to see a bustling industrial park there. However} that is probably not the economic climate right now. Given that there is LA 12 I~ILESU2 PLANNING COMMISS IONRI2 MI UTI: WI 040912. oc a need and a developer willing to take on the risk of the development, it should be supported. It fits with the 2030 Vision and strategic Pian. Spieler stated he thinly this is a good idea, with one question asked about the occupancy rate of affordable housing around the city? Director Fogness responded that he does not know the vacancy rates in P :jr take, but it is typical R+.r, i that affordable housing is fully occupied with waiting lists due to the lower : FF." I rrtrr +t+rrAx• {A'� hjY F F by R r*i„#kif; AaY Spieler stated that he has concerns about tenants going from one< i�.Fa o the other with some Jf�F F#+s F/iY Y R F Y Toler buildings thea becoming vacant. 6&1,-agled TrFuh� h �!i. urther add to the Phelan stated that this looks like inroul attat additiral s#:. schools already getting dose to their capacitor, which gout&beor iething to t �kex-f '” sioleration at a •'. .�� s � .��rrt},rAi#RaF a v •}.+r+r�.Sy+ y` ��r`x .�r:AiFp#r.'•yntF iefr later date. r1r-.r.'r�r++ria++:+. 3 � . �h: iini"*r , Planner l t � e responded that the City meets reg lariFj;ii ��� the Pr ake Savagi ae 1rdistrict to plan for future developments Phelan stated in regard to Spieler's comment abut the va gi{ y}*rat take address that issue. Rx`. Yy1's�4`7F i��nr}}fA 3+'xr}Ar}}rid fix *it�nA F*Fr +rrxirs Dlhn■�k asked whether one f the potential s.T-with Deerfield the south has sig nifi anti slowed` vf�rtrfrrar 4AFF'Fr FRr a # F • �rh F Y A A Y i+ x i Director o ness responded that industrial deOJopmen, developments. f y..y ..f • t k1Xy Y }i fYFl y+ +4' rr}hYA #A *i r'1`r'yF+`R+•Fr`rFr"Tar`, 1'lYh i�' rh' h Iii}� i r F+ r T r •• F a x i r Y i'�A. M f r •yi a a a r} * raay}. rri � �, r+ii Frx, •,,Ff F/++RF`r�FrY}}`a+a r *r*riF,. 3 i+� �_ •_ •_ •_ •.} .F i_+_ F__F_ F__r_ F__•_T_r _+� �_♦ fY _ ! i _r . Announ emetiW: nd C rr A nen e: it would fall on the developer to 11 surrounded growth to to expand based on housing f+t +`RRTr "D+rector Dan ogness r}}+Ff/d t .fro the;AprTl 2City Council Meeting. T+F}}'F`rx}Rh`#K•}t-;,x,rr +.rr {Fir}+� {�ra}++•`R+R •a• 1 ¢Y�i *Ri, ++Fr4 r •=ay •��+`RFR••+• a+ah xp Fr}ia++`ayFf� a�:�}rr+++Y• ;,++"•`•RF`•`r'�>' a°dye',"++x+i +"F . . 1'1"I ■ a}+•r++rrr --journment: +•Fa•• •'}r}YyRr RRAT+rxRx++•R•+•+� �. 1Krlrksr F^•� #•{t++F'=++Rk +aai+,T w } i Fes• + x'z #��=�+Y+`k ++RR +} 61AHNIK ILII TI I B .IFSEC1 �: TO ADJORN THE MEETING. LJY • # TE; Ades, t. + k# a ,#,: + d Whelan, The Motion carried. The meeting adjourned( 9 p.m. Peter Aldritt, Community Development Assistant. LA 12 F1L \12 PLANN ING CO-MMISS I MM2 MINUTEMNIN040912.doc MEETING DATE: APRIL 23, 2012 AGENDA#: 4A PREPARED ED BY: JEFF MAT KE, PLANNER PRESENTED Y: JEFF MAT KE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL of A PRELIMINARY Y PLAT To BE KNOWN AS F DERM CHERS 2 ID ADDITION AND REQUEST UEST Fold VA- RIANCES FROM THE DRIVEWAY AY Af D PARKING SETBACKS REQUIRE- MENTS E UI E- MEi Ts AND MINIMUM PARKING STALL. REQUIREMENT FO RESTAU- RANT AIT 1 ITHOUT A LIQUOR LICENSE DISCUSSION: Introd urction is onalds USA LLC has submitted a request for approval of a Preliminary Plat to be known as RADERMACHER 2 ° ADDITION and a request for 3 variances. The property is located on a 1.64 acre site located southeast of the intersection of MN Trunk Henry 13 and CSAH 23 (Panama Avenue). The plat calls for a re- development of the existing McDonald's commercial site. Hi sto The existing Mc onalds Restaurant was constructed in 1980. Remodeling im- provements were made to the structure in 1990. The site plan calls for a com- plete rebuilt of the entire site including the structure and parking lot layout. Current Circumstances The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the proposed site. PHYSICAL SITE CHARACTERISTICS: ISTICS: Total site Area: The total site consists of 1.64 acres. T gra hy: This site is generally flat, with elevations ranging from 962. 7, MSL at its lowest point to 971.0' MSL at its highest point. Vecietatiaon; There site's existing landscaping will be redeveloped with the project. Wetlands: leo wetlands exist on the current site. Access: Access to this property is from the gest from a private entrance oft CSAH 23 (Panama Avenue). Utilities: Both severer and grater utility services are available from the southeast corner of the site. These services will be maintained for the new structure. .„030 Comprehensive Plan Desi nati n: The site is designated for Commu- nity r Retail Shopping(C-CC) on the 2030 Comprehensive Pian Land Use Map. Zoning: The site is zoned C-2 (General Business) Commercial. S relland: The site is within the Shoreiand District of lice Lake. As such, the property its subject to the Shoreiand requirements listed in Section 1104 of the Zoning Ordinance. P o POS DPL l The development plan calls for a complete redevelopment of the 1.64 acres site including demolition of the current structure and relocation of the restaurant closer to the intersection of NIN Trunk Hwy 13 and CSAH 23 (Panama Avenue) and a reconfiguration of the existing parking area. L The current property is divided into three separate pard els including two outlot . The proposed preliminary plat will combine these parcels into a single buildable lot. Setbacks* The setbacks for the proposed building are proposed at 36.6 ft. to the north, 90 ft. to the west, 187 ft. to the east, and 52 ft, to the south; These proposed setbacks will met the minimum required setbacks for the c-2 Zoning District. Impervious surface: The maximum mercial lots is 75% of the total lot area. crease in the current impervious sui (72.6%). impervious surface coverage for co - The proposed site plan calls for an in - face from 45,343 (65.7%) to 50,078 Grading; Minimal re -grading of the site is required for the project. The project is generally level for the existing parking lot, drive aisles, and structure. Landscaping: The developer has submitted a landscape plan for the pro- posed site. The plan includes a mixture of deciduous and coniferous tress, as well as shrubbery throughout the site which will meet the City's landscaping re- quirements. Parkin L t/Drive-thr u Lanes: The existing parking areas encompass the southern area of the site as well as areas on the adjacent property to the south (under permission by an existing access, parking, and utility easement). The proposed parking lot will not utilize the adjacent property but rather more effi- ciently utilize areas east and west of the structure as well as the southern por- tion of the site. The number of parking stalls will increase from the existing 51 to a proposed 63 stalls. The existing single drive --through lane will be removed and a proposed two lane drive-through layout will be constructed with two ser -- ice windows along the building to allow for an efficient drive-through service. Restaurant Structure: The existing 5,350 sq• ft. building will be removed and a new 4,953 sal. ft. building will be constructed closer to the intersection of the State Hwy 13 and County Hwy 23. The proposed building will contain a seating capacity of approximately 95 seats and a dining area of 1,236 sq. ft. Theexte- rior materials of the building will be an updated modern appearance of brick and stone mixture that will meet the City's Architectural Design Ordinance. Fees and Assessment; The development will be subject to all development fees including trunk utility, park dedication, utility connection fees, a City admin- istration fee, and a Construction Observation fee at the time Final Plat. Variances: The proposed project requests three variances from the City Or- dinances. The following variances are requested: 1. A 4 foot variance from the 5 foot drive aisle setback requirement (Sec- tion 1107.205) 2. A 5 foot variance from the 10 foot parking setback required from the south property line requirement (Section 1102.1106) . A 14 parking stall variance from the needed 77 parking stall requirement under the formula for Restaurants without a liquor license (Section 1107.304) ISSUES: This project includes requests for three variances. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance} provided that: (1) There are practical difficulties in complying with the strict terns of the ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Or- dinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties exist for the applicant in this Carse. The 150 ft. width of the commercial property from north to south result in a practical difficul- ty for the commercial site to configure parking lot areas which will meet the required driveway and parking lot setbacks. The proposed reconfigu- ration e onigu- rati n will reduce the existing nonconformity by keeping the parking areas completely on the property rather than the adjacent site ars currently ex- ists. Also the parking stalls provided for the use will increase from 51 ex- isting stalls to 63 proposed parking stalls. (2) The granting of the Variance is in harmony with the general purpos- es and intent of the City subdivision and Zoning ordinances and the Comprehensive Plan. Two purposes of the Zoning Ordinance are to "enhance the aesthetic character and appearance of the City" and "provide adequate off-street parking and fading facilities . The redevelopment of the restaurant will remove the 32 year old structure and improve the sites existing parking and drive-through facilities. (3) The granting of the Variance is necessary to permit the reasonable use of the property involved. variance is necessary to permit reasonable use of the parcel as a commercial restaurant. The width and shape of the property create a practical difficulty for a reasonable use of the site to exist without theap- proval of the variances. (4) The practical difficulty is due to circumstances unique to the proper- ty not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. A practical difficulty does exist due to the narrow width of the property. In additional the proposed reconfiguration will reduce the nonconformity of the site by increasing the number of parking stalls and removing the park- ing areas from the adjacent property. (5) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variance will not alter the existing character of the neighborhood and will not be detrimental to the health and safety of the public welfare. A restaurant currently exists on the property, and an up- dated structure and parking areas for the site will improve the efficiency and overall appeal of the commercial property. (6) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the su - jest property is located. The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district. A restaurant is an al- lowed use within the C-2, General Commercial Zoning District. (7) The granting of the Variance is necessary to alleviate ars inadequate access to direct sunlight for solar energy systems. The current proposal does not involve any proposed solar energy sys- tems. '.nnr.hl 'r n City Staff believes the variances requests are warranted due to the practical difficulties as stated above in the findings. Therefore, City staff recommends approval of the variances subject to the following conditions of approval: 1. The variance resolution must be recorded at Scott County within 60 days of adoption, goof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. In addition, City staff believes the overall proposed development layout ap- pears appropriate, and recommends approval of the Preliminary Plat subject to the following conditions of approval: The developer must obtain the required permits from any other state or lo- cal agency prier to any work on the site. 2. Revise the plans to address all of the comments in the City Engineering Staff memorandum darted April 13, 2012. 3. All comments in the City Community & Economic Development Department memorandum n dated April 16, 2012 shall be addressed. . All grading, hydrology and storm grater comments must be addressed prior to any grading on the site. . The pending variances from the driveway setback, parking setback, and number of required parking stalls are granted. ALTERNATIVES: ATIVES: Two separate motions are required with this item: Variances 1. Approve the requested variances or any variance the Planning Commission deems appropriate in these circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny any variance because the Planning Commission finds a lack of dem- onstrated practical difficulties under the zoning code criteria. Preliminary Plat Recommend approval of the Preliminary Plat to the City Council subject to any listed conditions as identified by the Planning Commission. 2. gable this item to another Planning Commission meeting and provide the developer with direction on the issues that have been discussed. . Recommend denial of the request. RECOMMENDED City staff recommends Alternatives #1 for both the variance request and the MOTIONS. Preliminary Plat. EXHIBITS: 1. Resolution 2-0 PC 2. Location Map 3. Preliminary Plat Flans . City Engineering staff Memorandum dated April 13, 201 5. City Community Development staff Memorandum dated April 16, 2012 Prior Lake, NW 53372 RESOLUTION 1 -PC RESOLUTION APPROVING VARIANCES FROM THE MINIMUM IMUM DRIVE 1AY AND PARKIN SETBACKS REQUIREMENTS UII EMENTS AND MINIMUM PARKING STALL REQUIREMENT FOR A RESTAURANT WITHOUT A LIQUOR LICENSE BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Mcl onalds USA LLC is requesting variances from the Zoning Ordinance to allow for development of a commercial restaurant at the following location, to it; 16831 Hwy 13 South Pl D: 25-902-098-1, 25-282-002-0, 5-282-003-0 That part of the Southwest Quarter of Section 2, Township 114, Lange 22, Scott County, Minnesota described as follows: Commencing at the southwest corner of said Southwest Quarter; thence on ars assumed bearing of forth 1 degree 06 minutes 25 seconds East along the west rine of said Southwest Quarter a distance of 176.64 feet to the centerline along a nontangential curve, concave to the southeast, having a radius of 11459.16 feet, a chord bearing of North 64 degrees 14 minutes 03 seconds East, a chord length of 572,32 feet; thence North 65 degrees 39 minutes 55 seconds East along said centerline a distance of 745.35 feet to the point of beginning; thence South 24 degrees 20 minutes 05 seconds East a distance of 235.90 feet; thence Forth 65 degrees 39 minutes 55 seconds East a distance of 323.23 feet to the centerline of County Load 23, and its northwesterly extension to centerline of said State Trunk Highway No. 3# thence South 65 degrees 39 minutes 55 seconds Vilest Tong said centerline to the point of beginning. Excepting therefrom that portion of the above described property contained within the right -of- ay of State Trunk High gray Ido. 13. And Outlots A and B, Radermachers, First Addition, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variances as contained in case #12- 109 and held a public hearing thereon on April 23, 2012. 3. The hoard of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values In the surrounding area and the effect of the proposed variance on the Comprehensive Plan. . Practical difficulties exist for the applicant in this case. The 150 ft. width of the commercial property from north to south result In a practical difficulty for the commercial site to configure parking lot areas which will meet the required driveway and parking lot setbacks. The proposed reconfiguration will reduce the existing nonconformity by keeping the parking areas completely on Phone 952.447.9800 / Fax 952.447.4245 / w%NF%%F. ty0fp ior1 1- . oni the property rather than the adjacent site as currently exists. Also the parking stalls provided for the use will increase from 51 existing stalls to 63 proposed parking stalls. . Two purposes of the Zoning Ordinance are to "enhance the aesthetic character and appearance of City" the and "provide adequate off-street parking and loading facilities". The redevelopment of the restaurant will remove the 32 year old structure and improve the site's existing parking and drive- through facilities. . A variance is necessary to permit reasonable use of the parcel as a commercial restaurant. The width and shape of the property create a practical difficulty for a reasonable use of the site to exist without the approval of the variances. . A practical difficulty does exist due to the narrow width of the property. In additional the proposed reconfiguration will reduce the nonconformity of the site by increasing the number of parking stalls and removing the parking areas from the adjacent property. 8. The granting of the variance will not anter the existing character of the neighborhood and will not be detrimental to the health and safety of the public welfare. A restaurant currently exists on the property, and an updated structure and parking areas for the site will improve the efficiency and overall appeal of the commercial property. 9. The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district. A restaurant is an allowed use within the C-2, General Commercial Zoning District. 10. The current proposal does not involve any proposed solar energy systems. 11. The contents of Case #12-109 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances to allover for the redevelopment of a restaurant on a C--2, General Business Commercial property: a. A 4 foot variance from the 5 foot drive aisle setback requirement. (Section 107.205) . A 5 foot variance from the 10 foot parking setback required from the south property line requirement. (Section 1102.1106) c. A 14 parking stall variance from the needed 77 parking stall requirement under the formula for Restaurants without a liquor license. (Section 1107.304) Adopted by the Board of Adjustment on April 23, 2012. 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"CL 'L 0 m Ld a- 0- CD II Date: April 13,2012 "1"0: Community Development and Natural Resources epart ent From Engineering Department — Lai iy Po pler, City Engineer Public Works Department — Ross Bintne , Water Resources ngi er Subject: McDonalds Site Plan and Preili inatT Plat Review — City Project 912-109 The Engineering and Public Works Departments have reviewed the Preliminary Plat and site plans for the subject project with a plan date ofMarch 20, 2012 and we have the following comments. General 1. Show the City project #12-109 on. all plan sleets. 2. County and State permits are needed for the Nor . 3. Preeonstr etion meeting will be required prior to commencement of construction. . After construction, an as -built record plan shall be submitted. The as -built plan shall follow the requirements of Section 10 of the Public 'works Design Manual prior to issuance of the eertif tate of occupancy. . A Letter of Credit will be required for grading and erosion control, utility eomiection restoration, and right of way restoration. 6. City of Prior Labe Standard details should be used and shown on the plans(Commercial concrete apron, structures, etc.). Site Plan 1. The pouring of the new concrete apron should be done immediately after removal of te curb so that the existing bituminous does not slide into the excavation, If the contractor pours the following day, the bituminous edge must be shored and protected. 2. A concrete apron following City Standard detail #607 should be shown on the plans. Label radius for drive entrance. For commercial properties the minimum curb radius should be 25 feet. 3. Grades within parking lot should be between 2- except as required for ADA accessible, please revise areas that do not meet ADA 2% minimuni requirement. . Provide construction limits on plans, . Sleet L2.1 restoration should extend to the south and east due to -utility work and removals. Utilifly Phil 1. Place note. oil tiep lans that the Contractor contact the Prior Lake Engineering Department at 952.447-9830 to coordinate inspection of utility installations. City inspectors require a minimum of 48 hours notice. 2. Show PIV location on the plans. . Provide hydrant. oil the east side of property for fire protection Phone 952.447.9800 Fax 952.447.42 51 %%Avw. o ityofpriorIak . com 4. It is assumed based on the plans that the domestic water service will come from the " water line once it enters the building. . Proposed maillioles/structures areshown as lighter lire types on utility plan stet C4.1, please use darker 1inetype (same as propos features). 6. Revise i utility note for waterinain to maintain 8 feet of cover. 7. A wet tap is proposed on the plats but please note on the plans that any City watermain shutdowns require a mininum 48 lours notice. Water airy shutdowns must be performed by City personnel only. Gradilig and Erosion Control 1. Show the existing spot elevations used to generate the 'SIN. Show as light text 2. 'Is silt fence proposed or existing? Proposed features should use darker line type. . Provide name and contact information for person responsible for erosion and sediment control plan preparation, implementation, and mai ntenanee. 4. Provide retaining wall type on the plats. . Show roof scupper locations on the grading plan. 6. Slow existing and proposed drainage and utility easements. . Slow emergency overflow locations. vdi-olo ^y 1 Provide maintenance agreement for private storm water infrastructure. Contact Prior Lake Water Resources Engineer, Ross Bintner at 952-447--9831 for sample agreement. 2. Provide public drainage and utility easement Over storm sewer treatment system and downstream conveyance pipes. 3. P8 model "PO% in" assumes % filtration efficiency. This calculation unit is intended to describe dissolved pollutants and should be modeled at 0% filtration efficiency for filtration portion. Infiltration an be assumed at 0% removal efficiency for P export. Since this is a combined filtration infiltration feature, a continuous simulation flow weighted balance of infiltration and filtration efficiency is appropriate. Date: April 1, 2012 To: Eric Kellogg P.E., Landform Engineering From: Jeff Matzke, e, Planner Subject. Me onalds Site Plait and Preliminary Plat Review — City Project -109 The Connnunity & Economic Development epartment has reviewed the Preliminary Plat, variance, and site plans for the subject project with a plan date of March 20, 2012 and we have the following comments. Variances 1. Project will require approval of the following variances: a. 4 footvariance from the 5 foot drive aisle setback . 5 foot variance from the 10 foot parking setback required from the south property line. e. 14 parking stall variance from the 77 parking stall required General 1. Change City Fire Depailment Contact to Doug Hartman ph. 952-440--3473) 2. Change Existing Drainage & Utility Kabel on west 10 Feet of Outlot A to . dern eher"s First Addition not Second Addition). 3. Drainage & utility Easement across Outlot A, Radermachers First Addition must be vacated prior to Final Plat recording. New Drainage and Utility Easements will be dedicated with the new plat of Raderinachers Second Addition. . All exterior signs must obtain separate sign perinit. Phone 952.447.9800 1 Fax 952.447.4245 ityof'prior] Am. coin PLANNING COMMISSION AGENDA REPORT AGENDA ITEM: 4B SUBJECT: CONSIDER A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT SPRING LAKE REGIONAL PARK PREPARED BY: PETER ALDRITT, COMMUNITY DEVELOPMENT ASST. PRESENTED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: X YES NO -NIA DATE: APRIL 23, 2012 INTRODUCTION: Stantec Consulting Services on behalf of Scott County has applied for a conditional use permit to allow grading and land reclamation on the property of Spring Lake Regional Park. The property is located north of County Road 12, south of County Road 82 and along County Road 81. The project is part of a larger development plan for Spring Lake Regional Park, which includes trail improvements, removal of the southern portion of County Road 81 and the installation of an off -leash dog park with gravel a gravel parking lot. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The property is approximately 340 acres. Topography: The large subject site varies in elevation from 914 MSL to 982 MSL. Vegetation: The site is currently a natural park with wooded and prairie areas. Wetlands: There are numerous wetlands located on the property; the applicant has applied for a wetland permit. Access: Access to the site at the north entrance is at the intersection of County Road 81 and County Road 82. The access at the south entrance is at the intersection of County Road 81 and County Road 12. 2030 Comprehensive Plan Designation: This property is designated R -OS for Recreation and Open Space on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned A (Agriculture). ANALYSIS: Under Section 1101.509 (2) of the Zoning Ordinance, land reclamation involving the placement of over 400 cubic yards of fill shall be permitted by CUP. Details regarding the excavation project may include, but is not limited to, site plans which show the finished grade of the land after the excavation has been .. ,, •111 q1•I INS•• • •l l .' , completed, the type of material to be extracted from the land, general maintenance of the site and adjacent area, and controls to be employed to limit the effect of wind or other elements on the site and the material extracted from the site. The Conditional Use Permit shall impose conditions upon the owner of the land to be reclaimed, the developer and the person doing the land reclamation work which will ensure that the type of fill used is appropriate for the proposed land use, and prevent damage to the community and adjacent land owners during the course of reclamation. Those conditions may impose restrictions in all areas affecting the reclamation and the City may required a Letter of Credit to insure the performance of the conditions imposed and the completion of the work in the manner described in the plan and Conditional Use Permit. No permit shall be granted for a period longer than 12 months. One of the main purposes of a public hearing for a project such as this is to inform the neighboring properties about the project and allowing the public to comment and ask questions in relation to the project. Projects which generally involve this amount of grading usually have public hearings through a platting or development process. In this case Scott County is developing the Spring Lake Regional Park with trail improvements, an off -leash dog park and installation of a gravel parking lot. The attached memorandum from the City Engineering Staff details specific comments related to their review and analysis of the site. These comments must be addressed prior to the issuance of a grading permit for the project. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 1 under the goal of Environmental and Natural Resources Protection within the 2030 Comprehensive Plan is to provide suitable open space for the preservation of the natural environment and the enjoyment of residents. The purpose of this permit is to monitor and allow Spring Lake Regional Park to be developed and provide the public with an area to relax and recreate. Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and maintain policies and ordinances to ensure the safety and preservation of property. The purpose of review of this Conditional Use Permit is to ensure that erosion control and adequate storm water analysis is completed to ensure no negative impacts to the overall area. It also provides for the notification of the project to the surrounding properties regarding the activity which is proposed. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to including but not limited to erosion control requirements and cleanup of any streets in the project area. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota. The use will adhere to the design requirements of the City. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The applicant has submitted engineering plans identifying locations of utilities. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include approval of permits from other governmental agencies, approval of a City grading permit. CONCLUSION Staff recommends approval of the conditional use permit request, subject to the following conditions: 1. The filling and land reclamation must be done according to the approved plans. 2. The cleanup of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. 3. Prior to any grading on the site, the applicant shall meet requirements set forth by the City Engineering Staff in the Memorandum dated April 19, 2012. 4. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. . The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. . The CUP is valid for one year for land reclamation, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one 1 year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in lav or equity, to the renewal thereof. ALTERNATIVES: . Approve the CIDP subject to the above conditions. 2. Table this item to a date specific, and provide the applicant with direction on the issues that have been discussed. 3. Deny the request based on specific findings of fact. RECOMMENDATION: The staff recommends Alternative . ACTIONREQUIRED: A motion and second to approve Resolution 12-0approving the CUP, subject to the listed conditions. ►M� �� :INIVII-N 1. Resolution 12-07 PC 2. Location Map . Engineering Memorandum dated April 13,2012 . Project flan dated April 2, 2012 CONDITIONAL USE PERMIT RESOLUTION 12-07PC A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT SPRING LAKE REGIONAL PARK WHEREAS, The Prior Lake Planning Commission conducted a public hearing on April 23, 2012, to consider an application from Stantec Consulting Services to allow grading and land reclamation of more than 400 cubic yards; and WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 1 under the goal of Environmental and Natural Resources Protection within the 2030 Comprehensive Plan is to provide suitable open space for the preservation of the natural environment and the enjoyment of residents. The purpose of this permit is to monitor and allow Spring Lake Regional Park to be developed and provide the public with an area to relax and recreate. Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and maintain policies and ordinances to ensure the safety and preservation of property. The purpose of review of this Conditional Use Permit is to ensure that erosion control and adequate storm water analysis is completed to ensure no negative impacts to the overall area. It also provides for the notification of the project to the surrounding properties regarding the activity which is proposed. b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to including but not limited to erosion control requirements and cleanup of any streets in the project area. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The use will adhere to the design requirements of the City. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The applicant has submitted engineering plans identifying locations of utilities h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include approval of permits from other governmental agencies, approval of a City grading permit, and a submittal of a security to cover the costs of restoration. 3. The CUP is hereby approved, subject to the following conditions: a) The filling and land reclamation must be done according to the approved plans. b) The cleanup of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. c) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. d) The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. e) Prior to any grading on the site, the applicant shall meet requirements set forth by the City Engineering Staff in the memorandum dated April 19, 2012. f) The CUP is valid for one year for land reclamation, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow grading and land reclamation of more than 400 cubic yards. The contents of Planning Case File #EP 12-106 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 23rd day of April 2012. Tom Roszak, Acting Commission Chair ATTEST: Dan Rogness, Community & Economic Development Director ........ -fA lisp , 71 its C.U.P. Location Map rr I A owl �.�;Spq "W', . . . . .......... ... . . . .X+ -� -''9 �i �,.k +Ny � _ :�.�<' $ #:.1.: f ��<.Y 'gyp y. .t"5..��a� r'w� g-ly Imp RPM Too DEC A VIA W sag IV A gy- f J A 3 f 4F P qx NOR% SIGY VMJ� 17 IMP vn:-" W iv 4-:1 AGO 11 H lilts ............................. LOWS! Mr. WAY. .0 A tattoo' if ug 0 rgr, p ,Amos' oil W, tjk% RAW% Ail W! dg 111111 Ell '11-11 Am. it I "LAD, NW gn oat - IT Y - I -AX- nil - W1 ,,J -&L I "-'F �7 -2P W W. AR MO. '135 870 1;740 ........ Feet 5� Date: Aril 13, 2012 To: Community Development and Natural Resources Department From: Engineering Department — Lar t y Popple•, City Engineer Subject: Spring Lake Regional Park Improvements Please I CUP The Engineering Department has reviewed plans for the subject project with a plan date of April 2� 2012 and we have the following comments. Site Plan 1. Segment : provide property owner on plan sheet. It is unclear who owns the property here the trail is located. 2. Sheet C5.01 nd C . o2, storm crossings are shown with minimal cover or no cover on top of pipe. 3. Legend does not shoe construction limit line type. Are solid lines on both sides of trail construction limits . X narking clear and grub trees seein to get lost in the plans due to the large size and darkness of free symbols. Would revising X and tree symbols pfo i e more clarity for clearing and grubbing . Sheet C2.04, north arrow on plan is shown in trail. 6. Sheet 06.12, slow existing trail for connection. Show existing easements for connection area. 7. Provide class of storm sewer pipes on the plans. . Segment B and Segment D, slopes on both sides of trail seem steep. . Sleet C 1. 03, slopes on north side of gravel parking area seems steep. Pliviie 952.447.9800 / Fax 9 52.44 7.4 24 5 1 mvw c ityofp r iorl ake. coin 4 646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT I T AGENDA ITEM: 4,C SUBJECT: DISCUSSION OF A CONCEPT PLAN TO SUBDIVIDE AN EXISTING 7.4 -ACRE COMMERCIAL LOT INTO COMMERICAL LOTS PREPARED Y: DAN ROGNESS, COMMUNITY & E.D. DIRECTOR F PUBLIC HEARING: YES X NO -NIA DATE: APRIL 2, 201 INTRODUCTION Copper Creek Partners LLC has submitted a concept plan for a proposed subdivision of one 7.4 commercially zoned parcel into four parcels. In addition, the property would include a new public street that would intersect with TH 13, as well as relocating Annal Trail into that new street. This concept includes three overall issues to address, including: 1. Creating four new commercial lots ranging in size from 1.3 to 2.4 acres in size for small commercial businesses; . Correcting a poor off -set intersection alignment between Anna/Franklin Trails and Trunk Highway 13 by creating a never/better direct intersection; and 3. Proposing a future connection from the Th1 13 commercial area to the downtown area via a street extension across open land to the north. The Planning Commission has an opportunity to voice any particular concerns or ideas about the proposed land use change and development. This discussion is for informational purposes only. This concept plan, along with any Planning Commission comments will be forwarded to the City Council for their consideration. DISCUSSION This site has been known most recently as the "Digger's" site based on the previous business located here, Digger's Polaris & Marine. The site is currently vacant and used only for storage purposes. Basic site and building information includes: Address: 16450 Anna Trail SE Owner: Douglas A. Nagle Developer: Copper Creek Partners, LLC Site Area: 8.14 acres (deeded); 7.35 acres (GIS Developed: 3.0 acres, or approximately % of site area Value: $750,000 land + $560,000 building = $1,310,000 (Scott County EMV) Value: $2.35/sq.ft. land; $4.10/sq.ft. land + building Zoning: General Business C-2 • Guide Plan: Community etail Shopping -CD Phots 952.447.9800 Fax 952.447.4245 / % vw. ity fprlor1ak . m The redevelopment of this commercial site should be a high priority for Prior Lake based on the following rationale: 1 . The site is vacant and underutilized with a higher land than building value. 2. The taxable land market value of this site is $2.35 per square foot compared to other TH 13 commercial values of $7.00 per square foot .g., Prior Lake State Bank site). 3. The taxable land and building market value of this site i $4.10 per square foot compared to other TH 13 values of $18.00 per square foot. 4. The site and building do not meet current mirninum design standards of the city for commercial property. . In order to achieve a higher and best use, the building(s) must be demolished, ars underground water lira must be relocated, and any contamination must be removed. City staff has identified the following additional positive aspects with the proposed Plan: • A cleared redevelopment site provides an opportunity to improve a poor intersection along TH 13, and the potential to connect this commercial area with downtown by dedicating right--f-gray for public streets within the property as shown in the drawing. • Potential sites become available for desired commercial uses within the community, such as a pharmacy store. • The site will likely generate at least five times the existing tax base, and additional job opportunities will become available with new commercial businesses. Additional commercial business destinations along south TH 13 will enhance other existing businesses located in this area. • The redevelopment of this site has the potential of starting a new pedestrian access system for commercial development along TH 13 that will be continued further along TH 13 in the future. City staff has also identified other issues that must be addressed related to the proposed Concept Plan • Staff and developer must work together to identify how storm water will be addressed, either on site or as part of a larger storm water management system. • A process must be defined to obtain additional right-of-way necessary to move Anna Tail northerly along the west side of this site. •A source of funds must be identified to pay costs associated with changes to Anna Trail and the intersection improvements to TH 13. It will be important to evaluate this concept as part of the South Downtown Alignment study that is just getting underway with a consultant. • If the downtown connection is not feasible, it will still be important to evaluate other connections to downtown i.e., pedestrian walkways through the open space or along TH 13). • Further discussions are likely to occur between the city and developer about possible public financing assistance for redevelopment costs, such as building dernoition, utility relocation and streets. • Impacts to existing business accesses on Anna Trail will need to be evaluated if that street is relocated mar TH 13. • III nD T has given its preliminary support to the new intersection alignment on TH 13, but further confirmation will be necessary through a formal review process. The Planning Commission ma wish to address the following: What are the positive and negative land use aspects of the site being divided into four commercial l ts' What are the positive and negative economic development aspects of property hanging from one larva commercial lot to four lots? What opinions do you have about the proposed new streets being added to this property in terms of future changes to Anna Trail, the new intersection on Tib 13, and the potential connection to downtown Prior Lake? Is the investment made for new and realigned streets important in order to achieve the highest and best use on this property versus leaving it as one parcel for future potential redevelopment? Would the proposed concept plan, support the 2030 Vision & Strategic Pian and the 2030 Comprehensive Plan? ACTION REQUIRED: No formal action is requested or required at this time, The Planning Commission should provide the applicant with their comments, concerns and impressions about this Concept Pian, and the corresponding land use, zoning and platting changes that are required to support the plan. Comments are not binding on the Planning Commission, Cit} Council or applicant, and the applicant should not rel} on any statements made by any individual Planning Commissioner or C uncilmember. Further, statements made by individual members are not intended to represent direction from the majority. Future plans must be processed with the appropriate hearings and public participation. ATTACHMENTS: I. Location Map 2. 2030 Comprehensive Plan Map 3. Zoning Map 4. Concept Plan 5. Utilities Map .I .� �l M, 0 Lqw9l "� v � �:� m W ��.a, W - p { �� 1 .. i� u �i p u �iit �; � � m ' ,� ,,. ,wik r7T-7-77- i I 1 f j � i � i r♦ �� r � � " �. r E , t � k I � � � � ! e ' x r. e i t� � Y t I � f . 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