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HomeMy WebLinkAboutAgenda Packet 01 07 20131. 2. 3. 4. 1.1 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA MONDAY, January 7, 2013 City Council Chambers 6:00 P.M. Call Meeting to Order Approval of Agenda Consider Approval of December 3, 2012 Meeting Minutes Public Hearings: None Old Business. None 6. New Business: A. Review Request to Vacate a portion of Eleventh Street Right -of -Way Located South of Spring Lake Road (CSAH 12) and North of Spring Lake, within the Plat of Spring Lake Townsite. 7. Announcements and Correspondence: A. Recent City Council discussions/decisions. 8. Adjournment Note: The Planning Commission will join the City Council at approximately 6:15 p.m. to hear a presentation from the City Attorney at the council's Work Session Phone 952.447.9800 l Fax 952.447.4245 1 wwww.cityofprioriake.com PRIOR LACE PLANNING COMMISSION MINUTES MONDAY, December 3, 201 1. Call to Order: Community & Economic Development Director Rogness called the meeting to order at 6:00 p.m. based on meeting rules in the Planning Commis} ion Bylaws, since the Chairman and Vice Chairman are both absent. The present ommi§ � erg will need to decide among A}F#.rt.x themselves to elect an acting chair to lead the r eetin .rx; iA � ing to the bylaws. f'.xix .+F trxfi rrrr t'ifff F}}t rr:ri f`. ,sir MOTION BY BLAH IK, SECONDED BY SPIELER -,,,,Tr ELEC =F TE AS ACTING CHAIR FOR THE DECEMBER 311D2012 PLANNING C MMIS-S N MEETII 'y' flon �TE: Ayes, lahnik, Hite, and Spieler. Th ,. carried tr;f::if}}:rrr }fffij kx�irr f/r x#/`Yir xrii ri1 F+ x+F tFx+" r 1 f + r r ' i. rmeeting. Those ActinChairman Hite continued the December F 2 12 Pt OpingComm!'(.. rrr•h rr}i present were Commissioners i ioners fI rrh} #n'rikrFx Hitet :; a rp�"" F rjiel er, Con u 1 ' ;',' and Economic Development Director Dan Rog J -t Planner} --ox Matzke, and City Engineer Larry P Y 1 r ■ ° r [ rxr i+ r orf. f Y•. rF} • ,i.+'FYf.x+ rf t� .�}i[i r /rn "xx.F}}+z•F -X'j. .*{xii y Fi ni/�r .�Fi f rrr+rr 2. Approval Age r' F "/Z r, .Fri++ror i + �Fr JFiF'r�F /FFYf"+ A- r rrrxr" :F xF rF. Ir `.+.', `�yY ,�',fFr.fFFr'j ''r •F,}.tF r[fr". MOTION BY SPIELE134"'.+SECON D BY B{L .H_[ .I. ATO Ad,PP.F E THE DECEMBER , 2012 } Frifii Jif + PP + �� t rF��FraFrrr ' MEETING AGENDA A��`, ' �SENT5.D. I } FY r' TE; Ayes, Blahnik, Hi `6nd SP r""�eter.:_ The III c carried. FFx'r Fro /s}Ats[+F, rri"1 . . } + } rt/ + '�Fi+ rZ/Z rr}rF}FFf+}� 1 + }F[ ["}i [F rrr '+r rrtf a"Fir FF fF}�F r /+,i4t r Frr i f rr/�}F}�}�/ii,/+r[rix aTIFr 3. CY rFi } � I I r r�" 9 [i2Wee ing Minutes: ♦ r� ��Yrr rt# 1 r +}Y"f TI TI NYSPIELER SEC SDED--j-'Eff, BLAHNIK T APPROVE THE N E11 EF 19, 2012 r r"• MEETING MINUTES .'rrr iy FiF'iY rt'+i, . rxir,r t MOTE: Ayes, fia" Hite, am+ oee,$- }i ler. 'The Motion carried. 'xrr . 7 �,r t rrr"[ rt. [ . Public He ri �;;,`r�Y ir+ it Ad fr+ f rrrFF Ixxj A. #EP 12-126 Hors 41`Auto C.U.P. and Variance.. Honest I Auto Care is requesting Conditional Use Permit to allow ar Motor Vehicle Repair Service in the C-2 (General Business) zoning district, along with Variances from the minimum side yard setback of ten feet for ar parking lot and from the minimum lot size of one acre in the C-2(General Business) Zoning District. Planner Matzke presented the CUP and Variance request for a new commercial site located near the intersection of Duluth Avenue and TH 13. Access is to/from the existing access drier off of Duluth Avenue, which will he charred with the Prior Lake State Bank. The proposed use will be Honest I Auto, an automobile service and repair shop. In the C-2 zoning district, a Conditional Use Permit (CIDP) is required to allow motor vehicle service and repair. The applicant is also requesting two variances from the minimum side yard setback for a perking lot and from the minimum lot size in the C-2 zoning district. Engineer Poppler presented information on stormwater issues related to the site. There will be an underground infiltration system constructed on the site that will collect all the stormwater. Soil testing will be required to insure that the water will drain properly. commissioner Questions: la hnik asked how many additional parking stalls will be included? Planner Matzke responded that six stalls will be added on the south side of the let; the bank also has excess parking that the new use will be able to utilize using a cross parking easement to be recorded on both properties. Blahnik asked whether there are regulations for shared parking? Planner Matzke responded if it gets below the city's parking standards for each individual use, they can submit documentation that shows a joint parking agreement. Hite asked how will the joint access work? Planner Matzke responded they will have some cross easements for the joint use and maintenance of the parking and driveway. Hite asked about the lighting of the site. Planner Matzke responded that the applicant did submit a separate lighting pian that shows how the exterior lights will be displayed and shine on the building and parking areas. The city requires that lighting must be less than a 1.0 candle intensity at the property lines. Hite asked whether the proposed underground stormwater system is there to service just the runoff from Honest 1 or will it also encompass the runoff from the shamed parking? Engineer Poppler responded that it is to just serve the Honest I site. The bank implemented its own stormwater plan when that building was built. spieler asked whether overnight perking will be allowed at the site? Planner Matzke responded that they are allowed to park overnight, but the city does have ordinances that require repairs and work do be done inside the building. Spieler asked in regards to impervious surface, what is the requirement for a commercial lot? Planner Matzke responded that there is a maximum 75 percent impervious requirement for commercial property within the Shorelarnd District. However, this site is not within that 1,000 foot zone, so it does not need to meet that requirement. 2 Spieler asked hover the city regulates Vehicles leaking fluids onto the ground and then potentially contaminating storm water. Engineer Poppler responded that on the outlet channel, there can be a skimmer er screen that will catch the containments. Spieler asked if there is a specific parking requirement for this type of business? Planner Maze responded yes; at least 32 spaces are required based on the number of bays. Hite asked about the proposed signage for the use in terms of complying with the city's sign ordinance? Planner Matzke responded that a final sign review will be done by staff later in the process, but that based on a preliminary review, it does appear to comply. MOTION BY SPIELER, SECONDED BY BLAHNIK TO OPEN THE PUBLIC HEARING AT 6:28 PM VOTE: Ayes, Spieler, Hite, and Blarhni. The Motion carried. Spieler asked about any plans for parking Vehicles overnight? Applicant Reg Plowman (Viking Drive Little Canada, MN) stated that all Vehicles [eft overnight are to be brought inside. The only time there right be a Vehicle left outside is if it is dropped off after hours. Spieler asked the applicant about plans related to potential oil leakage and drainage. Applicant Plowman responded that inside the bays, they have traps that catch the chemicals; outside, there can be filters, and sands that can be applied. Spieler asked whether there are other Honest I's in Minnesota` Applicant Plowman responded that there is one in Burnsville, but the owner does pian to expand more in the metro area. Hite asked about business hours. Applicant Plowman responded that they will be open Monday through Friday, 7:00 a.m. to 6:06 p.m., Saturday 8:06 a.m. to 4;06 p.m., and closed on Sunday. -lite asked whether eight bays are the typical number for Honest 1 Applicant Pl err am responded yes, that is the normal amount of bays. Hite asked for the applicant to expand on the photometric plan. Applicant Plowman responded that the photometric plan meets city lighting requirements, and only the galls of the building will be on after hours. lahnik asked whether there are written agreements in place between the bank and Honest I for parking and the access? Applicant Plowman responded that they are in the process of being drafted. Delbert Grinrle (16684 Duluth Ave) stated he is glad neer businesses are corning to town and supports that issue. His concern relates to the traffic on Duluth Avenue. Gary Henke 16611 Anna Trail) stated his concern for the increased traffic on Duluth Avenue that exists now and that would increase from this business. James Kerrier (16606 Duluth Ave) also stated his concern for the traffic on Duluth, and for the city to consider the increase in traffic with the added business. MOTION BY BLAHNIK, SECONDED BY SPIELER TO CLOSE THE PUBLIC HEARING AT 6,44 PM TE: Ayes, Spieler} Hite, and Elahnik. The Motion carried. Commissioner Comments and Questions; Hie asked whether there are any current traffic studies or additional information that could be shared in regards to Duluth Avenue. Engineer Poppler responded that Duluth Avenue is on thecity's State Aide System, and it is a collector street with a let of traffic. The turn lanes at Duluth and TH 13 are not long enough, and the signal is too short for the amount of traffic. In the future, there will be dual turn lanes. Staff could look at additional 30 mph signage on Duluth Avenue as an option to help decrease speeds, which would be brought to the Traffic Safety Committee. Hite agreed with the signage approach. Engineer Peppier added that traffic counts are growing on this street and that is part of reason for doing the Downtown South study. Blahnik asked whether there are any projections with this business on how it will affect the traffic on Duluth's Engineer Paler responded that the city does net require a traffic study for this small of a business. Planner Matzke explained that usually businesses with smaller parking needs like auto repair shops have less traffic, whereas a convenience store or grocery store would generate much more traffic. 4 spieller stated his three concerns related to exterior lighting, which is being addressed by the City and Honest 1; overnight parking, which will be Dandled by putting vehicles in the bays overnight; and pollution from engine fluids. He is in support of both the variances and the CLAP. Spieler wants to make sure that these concerns are addressed and adhered to. Blahnik stated his support for both variances and the CUP. Traffic is an issue, but the city is looking at longer terra solutions. It will be beneficial that the access will be shared by beth the bank and Honest 1 to minimize e the access points on Duluth. Since the let is just under the allowed one -acre let size, it does make sense for the variance. The use meets the criteria for CUP. Hite stated support for beth variances and the CUP. She also would encourage staff to post 30 mph signs along Duluth. MOTION BY BLAHNIK, SECONDED BY SPIELED TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE REPAIR SHOP IN THE Cs2 ZONING DISTRICT SUBJECT TO THE LISTED CONDITIONS IN THE STAFF DEPORT, AND THAT STAFF LOOKS INTO ADDING 30 MPH SIGNAGE ALONG DULUTH TH A ENUE. TE: Ayes, Spieler, Blahnik. The Motion carried. MOTION BT BLAHNIK SECOND BY SPIELER TO APPROVE A 10 FOOT VARIANCE FROM THE 10 FOOT MINIMUM PARKING ING SETBACK REQUIREMENTS ALONG THE NORTH SIDE, ANDA 0.15 ACRE VARIANCE FROM THE 1.0 MINIMUM LOT AREA REQUIREMENT. BOTH VARIANCES ON THIS SITE MEET THE CITY'S ORDINANCE STANDARDS FOR GRANTING SUCH VARIANCES. VOTE: Ares, Spieler, Blahnik. The Motion carried. Old Business: Nene . New Business: A; .2012 Annual Planning Commission I ep rt. Planner Matzke presented the 2012 annual report to the commissioners. 7. Announcements and Correspondence: A. Becent Citi Council Discussions/Decisions. Planner Matzke presented that the drainage and utility easement vacation on F ixrnann's property was approved at the last City Council meeting. 8. Adjournment: MOTION BY BLAHIIK, SECONDED BY SPIELED TO ADJN THE MEETING. VOTE: Ares, Blahnik, Hite, and Spieler. The Motion carried. 5 The meeting adjourned at 7:05 p.m. Peter Aldritt, Community Development ent Assistant 4646 Dakota Street SE Prior lake. MN 55372 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM: 6A SUBJECT: REVIEW REQUEST TO VACATE A PORTION OF ELEVENTH STREET LOCATED SOUTH OF SPRING LAKE ROAD (CSAH 12) AND NORTH OF SPRING LAKE WITHIN THE PLAT OF SPRING LAKE TOWNSITE PRESENTER: DAN ROGNESS, COMMUNITY & ECONOMIC DE- VELOPMENT DIRECTOR PUBLIC HEARING: YES X NO -NIA DATE: JANUARY 7, 2013 INTRODUCTION The purpose of this agenda item is to review an application to vacate a portion of the Eleventh Street right-of-way located south of Spring Lake Road (CSAH 12) and north of Spring Lake within the plat of Spring Lake Townsite. The city received an application from two property owners at 2675 (Gottschalk) and 2697 (Nelson) Spring Lake Road for Street, Alley and Utility Vacation. The application states that the reason for this request is "this property has been maintained by the homeowners since 1969°. The 60 -foot wide street right-of-way has essentially become the side yards of the two adjacent property owners with retaining walls that were con- structed many years ago. The original plat of Spring Lake Townsite was designed to include numerous square blocks separated by a large local street network. The platted streets also connected directly to Spring Lake via a public "Reserve" right-of-way. Much of the originally platted street rights-of-way have already been vacated since most of the actual development did not follow the original block pattern. The DNR was notified of this proposed vacation due to its adjacency to Spring Lake; written comments are included in a letter dated January 2, 2013. The DNR is recom- mending that the city not vacate this right-of-way. As defined by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. The city also fol- lows this process for rights-of-way. Upon proper notification, State Statute 412.851 allows the Council to vacate easement or right-of-way by resolution. The statute also states "no such vacation shall be made unless it appears to be in the public interest to do so" DISCUSSION The Pianning Commission must make two determinations. roes the vacation of the existing easement comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review One of the goals of the Comprehensive Plan is to "'plan for access to and movement of people, goods and services." Policies to meet this goal include `classify and design city streets and highways to serge specific functions in accordance with sound traffic engi- neering principles" and "plan for and provide public access to public waters with a min- imum impact upon residents', Chapter 5, Transportation, in the Comprehensive Plan also notes local streets primarily serve residential areas: "`These streets are for access o adjacent propetties and are designed as lover speed, lour capacity facilities.." In this case, the Eleventh street public right -of -war never served a purpose for a street, ac- cess to other properties, or public access to public waters. Public Interest/Need The plat of Spring Lake Townsite was completed in 1857, showing numerous streets and blocks in a grid pattern. very little actual development followed the 1 857 plat, es- pecially in the western half. Many of the street rights -of -gray have been vacated through the years; this segment of Eleventh Street was not vacated. This public right- of-way has net been used for the movement of people, goods, and services, nor is it needed for any public utilities. The area essentially has been maintained by two adj*a- ent property owners as side yards, The DNR has recommended that the city not vacate this right -of --way due to a future public interest for potential lake access and/or undeveloped shoreline habitat. staff does not see the need for this type of access due largely to the planned new late ac- cess that is anticipated with the Spring Lake regional Park pilaster Plan (see attached plan), located one-quarter mile to the west. Once developed, this 14 -acre area south of CSAH 12 will provide good pudic access to Spring Laine. That area will connect with the larger portion of the park north of CSAH 12. RECOMMENDATION The public interest achieved by vacating the Eleventh Street right-of-way is that private ownership will take over an area that has no public purpose. Many other similar rights- of-way have already been vacated due to the actual development pattern not following the original plat. Public grater access can be better achieved with the Spring Lake Re- gional Parr. Staff, therefore, recommends approval of this request. ALTERNATIVES: 1 Recommend the City Council approve the proposed vacation as presented or with changes recommended by the Commission. 2. Continue the discussion to a date and time certain to allow the staff topro- vide additional information specifically requested by the Planning Commis- sion. 3. Based upon expressed findings of fact, recommend the City Council den} part or all of the applications based upon inconsistency of the proposal with specific policies of the Comprehensive Plan or with the public's inter- est. RECOMMENDATION: : The staff recommends Alternative #1. ACTION REQUIRED: Motion and second to recommend the City Council approve the vacation of the Elev- enth Street right-of-way. ATTACHMENTS: 1. DNR letter dated January 2, 2013 2. Location maps 3. Spring Lake Townsite plat . Location of platted and constructed streets 5. Spring Lake Regional Park faster Plan 91 Minnesota Department of Natural Resources Division of Lards & Minerals 1200 Warner Road St. Paul, MN 55106 Januar} 2nd, 2013 Mr. Dan Rogness Community and Economic Development Director City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 RE. Proposal for vacation of portion of Eleventh Street Spring Lake, Section 4 Township 114 Range 22 Dear Mr. F ogness. ,.A Minnesota PART E T F TUt RE 4UP Thank you for seeking input from the Department of Natural Resources regarding the proposal to vacate a portion of Eleventh Street in the original plat of Spring Lake Townsite . Your letter was forwarded to nye to review and provide comments as required by M.S. 412,851 The city's letter dated October 30, 2012 does not identify the proposed vacation as applying to Eleventh Street. on one reap in the packet of materials provided, the proposed street vacation was shown as the right -of -ray identified as Eleventh Street. The maps indicate that the Eleventh Street right-of-way is 60 feet of shoreline which abuts Spring Lace. Spring Lake is a designated public gator of the state of Minnesota. City of Prior Lake staff provided additional verbal information indicating that the road vacation proposal was the result of a request by adjacent property owners, and that the city has determined that the right-of-way is not needed for public use, The CTR has reviewed the proposed vacation of Eleventh Street abutting the public graters of Spring Lake in the City of Prior Lake, and we oppose the proposed action for the following reasons: The information provided by the city does not directly address the standard established in M.S. 412.851 for vacation of city streets on public graters that "No vacation shall be made unless it appears in the interest of the public to do o..." That is, there needs to be ars actual public interest reason to vacate the road, not that the street can be vacated if it is deemed by the road authority to not currently be serving a public use, In this vera, the long -tern interests of the public can be better served. AN EQUAL OPPORTHI Y EMPLOYE ell PRINTED ON PE KID PAPER CONTAINING A MINIMUM DF Ido FOSI- ONSUMER WASTE The unva at d right-of-way provides present and potential future access to public waters, even if it is not so currently used as such. We do not advocate any kind of development or'impr v me t' of the right of way, but as it stands in an undeveloped public state, it could serve for walk in canoe, kayak, shore fishing access, and undeveloped shoreline habitat. Information provided by the city notes the nearby existence of other recreational lands, but the mere presence of other nearby recreational facilities in no way cancels the long -terra public benefits of this stretch of public shoreline. We cannot anticipate what needs may exist for public access on Spring Lake in 100 years, but once this valuable lard leaves public ownership, it is likely gone for good. These DNR comments do not in any moray preclude the City of Prior Lake from proceeding with the proposed street vacation. Thank you for the opportunity to comment on the proposed vacation in the City of Prior Lake. If you have any questions, please contact Trina Zieman at 651-259- 5792 or by email at trina.ziemanC@.state.mn.us n. . In addition, f would appreciate if you would please send the results of the city's action, once this issue has been decided. Sincerely, Zoe Keith Parker Central Region Director cc: Trina Ziemann Division of Lands and Minerals Jennifer Narvesen} Division of Lands and Minerals Paul Prran, Division of Parks and Trails ,I h I i :� 21 NT a! POSED C_:SAHH 12 'T- i � K G V qAr A CEL B wv - � V --------- - -- PARCEL 9- f / !� - -----•----- 1I 1 576 2590 r 2690- ARCEL 62 ' 65 - - _ rr J. 4p� i 2599 j ,2615 i iL 73 PARA L 4 6 ,J� FEEL 75 Ful LEGEND - PROPOSED RIGHT-OF-WAY TEMPORARY EASEMENT - - - - DRAINAGE EASEMENT - - - EXISTING RIGHT-OF-WAY --------- ------------------------------- PROPERTY LINES — SECTION LINE ---------------• CONSTRUCTION LIMITS TEMPORARY UTILITY EASEMENT 4V� U�v P-- - ------------ - ------------ F-1 ---- -----------F-1--- -- (� 2654r, 2640 ; 266s 267 ►4 12686;' ❑ �. to j o PARCEL 16 f co an fo� 7 s _62 's 262# 265 %Pf 2675 —� 1 t o t I 269 f p LU?$ !! Cl t HIGHWAY RIGHT—OF—WAY (R/W) HIGHWAY RIGHT—OF—WAY (R/W)I EASEMENTS PROD. PARCEL N0. EXISTING NEW ROAD R/W ROAD R/W SQ. FT. SQ. FT. TOTAL ROAD R/W SO. FT. TEMP.GRAIN./P EASEMENT 50. FT. EASEMENT SQ. FT. TEMP UTIL EASEMENT SO. FT. E — — — — 499 — — & — — — 507 — - - — 14 — 502 — 15 — WISEMAN ROBERT ALLEN & JSANNE LYNN 500 — — — — — 1,326 _ - - — — 593 — 105 — — — 670 — - - — — 1,200 _ - - — — 860 _ 128 — — — 1,664 — — -- 152 152 — — _ 37 37 338 WZte, 910.3 w J \ W J -+ � U 4 q � q � h SECTION 4, TOWNSHIP 114, RANGE 22 HIGHWAY RIGHT—OF—WAY (R/W)I EASEMENTS PROD. PARCEL N0. R/W PLAT/EXISTING PARCEL NO. O'WN'ER NEW TOTAL ROAD R/W ROAD R/W ROAD R/W SO, FT. SQ. FT. SQ. FT. TEMP. DRAIN./P EASEMENT EASEMENT SO. FT. SO. FT. 12 C/12 BREUER, SCOTT ANTHONY & JOYCE IRENE — _ _ 499 — 13 C/13 PERKOVICH, PAUL — — 499 — 14 C/14 MORIS, PHILIP J. & KIMBERLY M. — — 500 — 15 C/15 WISEMAN ROBERT ALLEN & JSANNE LYNN _ _ _ 500 — 16 NA SCOTT COUNTY — — — 64 NA PUBLIC 65 NA PUBLIC 66 NA GREENWALD, OLINDA L.- 67 NA POBUDA, PATTY JO — — 68 C/35 LINK, JAMES A. — — — — — BOLTaN & M I N K, I N C RIGHT OF WAY PLAN SHEET 31 CONSULTING ENGINEERS & SURVEYORS MAHKATO, L'N FAFRU'OUT, A':t SLEEFY EYE. PAIN h;LLMAR. X"I UUAIkSVILLE. UN C#IASKA, &A AKS, 14 l \ 41 I 1 ry 11CF SAP. NO. 201-020-07, S.A.P. NO. 70--612-12, 12-04 12 `i 167 1 } rJ nlcli sr 4 -1.3 C E NATE}R I j8 H s3 ST LAKE 51 .45 .45 Cti y k,1. Cc Q " . SCALE ISG FECT T, 1 I N[ H. Scott County, MN This draving is neither a legally recorded map no a survey and Is not Map Scale N intended to be used as one. This drawing Is a compifalion of records, J� information, and data located in various cry, county, and state offices, and 1 inch = 634 feet other sources affecting the area sho:vn, and is to be used for reference W E _ purposes only. Scott County is not respoasVe for any inaccuracies herein Ma Date f contained. If discrepancies are found, please contact the Scott County {� f Surveyors office. 1/4/2013 `J' Scott County, MN This dra•-Mng is neither a legally recorded map nor a survey and Is not intended to he used as one. This drawing Is a compilation of records, inform a Con, and data located in various city, county, and state offices, and other sources affecting the area shoran, and is to he used for reference purposes only. Scott County is not responsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Scott County Surveyors Office. Map Scale N 1 inch = 034 feet WE y, 1 .. M1/4f2013 S IScoht Scott County, MN PId&A r1 t fo . This dravrng is neither a legally recorded map nor a survey and is not Map Scale IN intended lobe used as one. Thls draldng is a compilation of records, information, and data Located in various oty, county, and state offices, and 1 inch = 282 feet other sources affecting the area shown, and is lobe used for reference WE purposes only. Scott County is not responsibTo for any Inacaracies herein Map Date contalned. 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