Loading...
HomeMy WebLinkAbout1993 April Planning Commission Minutesr7 P REGULAR PLANNING COMMISSION AGENDA Thursday, April 1, 1993 7:30 p.m. Call Meeting to Order. a) Review Minutes of Previous Meeting. 7.35 p.m. 1. CONSIDER VARIANCE APPLICATION FOR DENNIS SCHWEITERS. 8:15 p.m. 2. CONSIDER VARIANCE APPLICATION FROM LITTLE SIX INC. Other Business a) b) C) All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Mlrmesota 55372 / Ph (612) 4474230 / Fax (612) 4474245 AN EQUAL ovvoHnRmv 0WUYYIX O� P R k v U x vr;+o� PLANNING COMMISSION MINUTES APRIL 1, 1993 The April 1, 1993, Planning Commission Meeting was called to order by Chairman Roseth, at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, and Wuellner, Director of Planning Horst_ Graser, Assistant City Planner Deb Garross, Associate Planner James Hayes, and Secretary Rita Schewe. Commissioner Greenfield was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING Commissioner Arnold stated a correction to page 4, paragraph 1, line 1, to correct the spelling of the word "Commissioner ". MOTION BY LOFTUS, SECOND BY WUELLNER TO APPROVE THE MINUTES AS CORRECTED. Vote taken signified ayes by Loftus, Wuellner, Arnold, and Roseth. MOTION CARRIED. Horst Graser gave an update on various subdivisions being submitted to the City of Prior Lake. ITEM II - DENNIS SCHWEITERS - VARIANCE Elizabeth Schweiters, 14424 Wa��rsedge Trail, stated they are requesting variances to construct a single family home on the subject site. A letter that was signed by the neighbors showing their approval of the plan was presented to the Commissioners. Deb Garross, Assistant City Planner, presented the information as per memo. The variances requested are as follows: 1) 4.7 foot NE side yard variance from the 10 foot setback requirement, 2) 3.5 foot BE front yard variance from the 25 foot setback requirement, 37 foot lakeshore variance from the 75 foot setback requirement, 4) 88 lot coverage surface variance from the 22% lot coverage requirement, and 5) 10% impervious surface variance from the 30% impervious surface requirement. The lot is relatively flat and the existing cabin which is located in the floodplain will be removed. This is a well established neighborhood with various structures located within the Prior Lake floodplain, situated at various setbacks from property lines and the 904 contour of Prior Lake. This neighborhood has been in transition for many years and has a number of structures that have been renovated, removed, and rebuilt. Hardship is caused by the provisions of the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORNNRY ffVLOVER PLANNING COMMISSION MEETING MINUTES APRIL 1, 1993 PAGE 2 Ordinance and is not the result of actions by the applicant or the City of Prior Lake, and the platting and zoning standards of a previous government. There were no comments from thu DNR. John Turner, 14432 Watersedge Trail, vyiced his approval of the proposed plan and felt the upgrade would be an improvement to the neighborhood. Chairman Roseth read into the record the letter stating approval of the plan. Those listed were: Roger & Luann Eye -14438 Watersedge Trail; Roger & Jan Steiner -14416 Watersedge Trail; Bev Halleckson -14413 Watersedge Trail; and John Turner Jr. -14432 Watersedge Trail. Commissioner Wuellner commended the applicant for checking with the neighbors beforehand and was in favor of the variances. Commissioner Loftus felt the request was in keeping with precedent set in the neighborhood and would support the variances. Commissioner Arnold concurred with the Commissioners and was pleased the non - conforming structure would be removed. Commissioner Roseth also was in agreement. MOTION BY WUELLNER, SECOND BY ARNOLD, TO APPROVE A 4.7 FOOT HE SIDE YARD VARIANCE FROM 10 FEET SETBACK REQUIREMENT, A 3.5 BE FRONT YARD VARIANCE FROM 25 FOOT SETBACK REQUIREMENT, 37 FOOT LAKESHORE VARIANCE FROM 75 FOOT SETBACK REQUIREMENT, BLOT COVERAGE VARIANCE FROM THE 22i LOT COVERAGE REQUIREMENT, AND A 103 IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE REQUIREMENT RATIONALE BEING THAT PRECEDENT HAS BEEN SET IN THE NEIGHBORHOOD, A NON- CONFORMING STRUCTURE WILL BE REMOVED FROM THE FLOODPLAIN, APPLICATION OF CURRENT ZONING STANDARDS WOULD RENDER THE LOT NON - BUILDABLE, HARDSHIP IS NOT CAUSED BY THE APPLICANT OR THE CITY OF PRIOR LAKE BUT BY ZONING AND PLATTING STANDARDS OF A PREVIOUS GOVERNMENT AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified aye3 by Wuellner, Arnold, Loftus, and Roseth. MOTION CARRIED. Recess called at 7:55 P.M. until the next item on the agenda at 8:15 P.M. Meeting was reconvened at 8:15 P.M. ITEM II - SIOUX COMMUNITY - LITTLE SIX INC. Bill Rudnicki, 1825 Walnut Lane Egan, MN, representing Little Six Inc. of the Shakopee Sioux Community stated they are requesting a variance to construct a 1800 car parking lot in conjunction with the expansion at Mystic Lake Casino. Bill Englehardt, Chaska, Consulting Engineer for the Sioux community, gave an overview of the proposed project. Scott County has approved of the plans. Having the access on County Road 82 PLANNING COMMISSION MEETING MINUTES APRIL 1, 1993 PAGE 3 will relieve traffic on County Road 83. The parking lot will be landscaped with tree plantings, wildflowers, and concrete islands to define driving lanes. The Prior Lake Landscape Ordinance requirements will be implemented in the design. Deb Garross, Assistant City Planner, presented the information as per memo of April 1, 1993. A variance is required to allow the construction of a parking lot in A -1 Agricultural and C -1 Conservation Zoneing Districts. Ms. Garross advised the Commissioners that the Sioux Community has purchased the Menden property and it is in the process of being put into a Trust. When this is completed, the zoning authority of the City of Prior Lake is no longer valid for the site. This application allows the City via its variance process to assist the Sioux Community in their expansion plans by approving the application at this time. City Staff has worked with the Consulting Engineer to consider construction issues such as grading, drainage, erosion control, storm water management and landscaping. A memo from Bruce Loney, Assistant City Engineer, listing five (5) conditions was read. Horst Graser, Director of Planning, reviewed the landscape plan for the Commissioners. The proposed plan does meet the intent of the Ordinance. Mr. Graser suggested different varieties of trees and plants be introduced and felt that an irrigation system should be installed. Mr. Englehardt stated that it would not be a problem to implement Mr. Graser's suggestions. He also stated that construction would be scheduled to start on May 1, 1993. Diana Rigenscheid, 15540 Woodland Circle, had comments on definition of wetlands and landscaping species. Comments from the Commissioners were on: completion. date of the casino expansion (August 28 was given) redefining existing parking lot, data on trips per day, planting recommendations left to landscape consultant parking lot is needed, and a clear direction of travel indicated. Deb Garross read into the record an objection from Gary J. Olson of 15585 Woodland Circle NW, stating the increased traffic as his reason. MOTION BY LOFTUS, SECOND BY WUELLNER, TO GRANT A VARIANCE TO LITTLE SIX INC. OF THE SHAKOPEE SIOUX COMMUNITY, 2400 MYSTIC LAKE BOULEVARD, TO CONSTRUCT A 1,896 CAR PARKING LOT WITH THE CONDITIONS LISTED BY THE ENGINEERING DEPARTMENT AS FOLLOWS: A WETLAND DELINEATION REPORT NEEDS TO BE SUBMITTED WITH ANY WETLANDS SURVEYED ON THE DRAWINGS. ANY FILLING OF WETLANDS WILL REQUIRE A WETLAND REPLACEMENT PLAN. A SCOTT COUNTY PERMIT WILL BE NEEDED FOR THE ROAD ACCESS. THIS PROPOSAL WILL INCREASE THE TRAFFIC ON THE PLANNING COMMISSION MEETING MINUTES APRIL 1, 1993 PAGE 4 COUNTY HIGHWAY SYSTEM AND THE SCOTT COUNTY HIGHWAY DEPARTMENT IS THE JURISDICTION RESPONSIBLE FOR REVIEWING THE TRAFFIC IMPACTS DUE TO THIS DEVELOPMENT. 3. ENGINEERING STAFF NEEDS TO REVIEW THE STORM WATER MANAGEMENT CALCULATIONS FOR WATER QUALITY AND WATER QUANTITY COMPLIANCE. 4. SITE CONSTRUCTION PLAN NEEDS TO BE REVIEWED FOR COMPLIANCE WITH STORM WATER ORDINANCES AND MCPA•S "PROTECTING WATER QUALITY IN URBAN AREAS ". 5. PLANS NEED TO BE REVIEWED FOR COMPLIANCE WITH THE SHAKOPEE BASIN WHO PLAN. 6. PLANS ARE CONSISTENT WITH THE PRIOR LAKE LANDSCAPE ORDINANCE. RATIONALE BEING THAT THERE HAS BEEN PAST PRECEDENT SET, AND IT WOULD RESOLVE A TEMPORARY SITUATION AS THE LAND WILL BE TRUST AND WOULD NOT BE UNDER PRIOR LAKE ORDINANCES. Vote taken signified ayes by Loftus, Wuellner, Roseth, and Arnold. MOTION CARRIED. NOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Loftus, Roseth, and Wuellner. MOTION CARRIED. Meeting adjourned at 9:30 P.M. Tape of meeting on file at City Hall. Horst Graser Rita M. Schawe Director of Planning Recording Secretary 1 � FRrO "A41593" REGULAR PLANNING COMMISSION AGENDA Thursday, April 15, 1993 7:30 p.m. Call Meeting to Order. a) Review Minutes of Previous Meeting. 7:35 p.m. 1. Public Hearing to consider an application from Ray Brandt for preliminary plat approval of Hidden View. 8:30 p.m. 2 Discuss format schedule of dates for Planning District Neighborhood Meetings. 9:00 p.m. 3. Consider variance application for Crown Coco. 9:30 p.m. 4. Public Hearing to consider an ap plication from Prior Lake Development, L.P. (The Wilds) to amend the Comprehensive Plan to change the Year 2000 Urban Service Area Boundary and Land Use Plan. Other Business a) Receive 1993 PUD Status Report prepared by Jim Hayes. b) Final Review of Realtor Workshop Recommendations (Allen Greenfield). C) Discussion of Revised "Meeting Format• (Allen Greenfield). All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOMUKrY E 41JDYM PR /O J� l� � I � _ P/ � PLANNING COMMISSION MINUTES APRIL 15, 1993 The April 15, 1993, Planning Commission Meeting was called to order by Roseth at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, and Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Jim Hayes, and Secretary Rita Schewe. Commissioner Wuellner was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Greenfield, and Roseth. MOTION CARRIED. IT EM I - _PUBLIC HEARING - HIDDEN VIEW PRELIMINARY PLAT The Public Hearing was called to order at 7:35 P.M. The public was in attendance and a sign -up sheet was circulated. Ray Brandt, 1600 West 143rd Street, Apt. 205, Burnsville, representing Argue Development of 3459 Washington Drive, Eagan, MN, presented the information on the Preliminary Plat for Hidden View. The proposal is to subdivide the property into 15 single family lots. The northerly 3 lots will not be plotted at this time, but when they are, will conform to this preliminary plat. A retention pond will be constructed at one end of the project to address the storm water management issues. Associate Planner Jim Hayes, presented the information as per memo. The preliminary plat of Hidden View is being processed as a standard subdivision with the procedures and requirements outlined in Section 6 -3 -2 of Subdivision Ordinance 87 -10 and is consistent with the Comprehensive Plan. The property is 9 acres and an infill site acid development was expected in the near future. The square footage of the lots range from 12,202 to 20,329 which meets the requirements of the ordinance. The development will tave a variety of styles and price ranges and should be compatible with the existing neighborhoods. The subject site has previously been assessed for water and sewer improvements and has no outstanding delinquencies. The topography is a major feature of the site and home styles have been created to take advantage of this feature. The Engineering Department has listed 5 items to be contingent upon approval. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOMUDM eaLOYER PLANNING COMMISSION MEETING APRIL 15, 1993 PAGE 2 The park dedication requirement for Hidden View will be in the form of a cash dedication as opposed to a land dedication. Lynnea Owens -14144 Shady Beach Trail, had comments on the lot sizes being too small, traffic concerns, safety issues, i ncrease in children for schools, price of homes, and development does not fit into the neighborhood. Keith Randa -14112 Bayview Circle, was concerned on increased traffic, wants street changed to a cul -de -sac, and does not want tranquility and peace disturbed. Bret Nystrom -14220 Shady Beach, concerned on the safety by the retention pond, mosquitoes, maintenance of pond, fences, landscaping, and uses part of the subject site for his own purposes. Wayne Svenby -14248 Shady Beach Trail, should have cul -de -sac, a neighborhood park, and lot sizes not uniform with the rest of the neighborhood. Bret Nystrom -14220 Shady Beach Trail, stated that since Aspen and Shady Beach Trail were joined, traffic and crime became a problem in the neighborhood. Mr. Nystrom stated he has painted slow signs on the street to curb the speed of traffic. Joe Schaefer -14143 Shady Beach Trail, feels the density is too high, the development would be a downgrade to the neighborhood and the road is too hilly. Chris Green -14320 Shady Beach Trail, remarked on the safety for children, contour of land causes traffic hazards, and subdivision should be for 8 homes. John Bradley -14190 Bayview Circle, noted he too was against the development as he felt the lot sizes were too small, increase traffic, drainage, and it would downgrade the neighborhood. The public portion of the hearing was closed at this time. Commissioners Comments: commissioner Greenfield asked about sidewalks, park, trail system, drainage, size of lots, and density of houses. Commissioner Arnold remarked on the pond requirements, DNR report, erosion control, traffic, and density of houses. Commissioner Loftus commented on the pond dimensions, park availability, the lots on Shady Beach were unsewered when platted thereby making those lots larger, and the unusual shape of the proposed lots. Commissioner Roseth commented on the pond, Police should be involved on the traffic issues, merging the two inside corner lots into one lot, and status of the northerly 3 lots. City Engineer Larry Anderson, responded to the Commissioners questions in his report. The pond is mandated by the State for PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 3 stormwater management, Prior Lake is the fee owner, fences are no longer used as they are more of a hazard than a help, and the outlot would be dedicated to the City. In the matter of traffic, it has been found that when the Police were asked to patrol the area which complained on a traffic problem, it turned out to be the neighbors themselves that were issued citations for the violations. Deb Garross reported on future County Road 42 access, and that the subdivision meets Prior Lake's ordinance requirements. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO RECOMMEND TO THE CITY COUNCIL, APPROVAL OF THE HIDDEN VIEW PRELIMINARY PLAT CONTINGENT UPON: A) ACCEPTABLE UTILITY AND DRAINAGE EASEMENTS SHOWN ON THE FINAL PLAT. B) ACCEPTABLE WETLAND DELINEATION REPORT AND ACCEPTABLE WETLAND REPLACEMENT PLAN, IF NECESSARY. C) ACCEPTABLE STORM WATER MANAGEMENT PLAN, INCLUDING GRADING AND SITE CONSTRUCTION PLANS. D) ACCEPTABLE PLANS FOR SANITARY SEWER, WATERMAIN, AND STREET IMPROVEMENTS. E) ACCEPTABLE STORM WATER DRAINAGE CALCULATIONS TO MAINTAIN A PRE - DEVELOPMENT RUNOFF RATE LEAVING THE SITE. F) THE POND BE DEDICATED TO THE CITY AS AN OUTLOT. RATIONALE BEING THAT THE SUBDIVISION FULFILLS THE REQUIREMENTS AS SETFORTH IN SECTION 6 -3 -2 OF THE SUBDIVISION ORDINANCE 87 -10 AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN WHICH IS CURRENTLY IN PLACE. Vote taken signified ayes by Arnold, Greenfield, Roseth, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Greenfield Loftus, and Roseth. MOTION CARRIED. The public hearing adjourned at 9:00 P.M. A recess was called at 9:00 P.M. The meeting was reconvened at 9:02 P.M. ITEM II - DISCUSS FORMAT SCHEDULE OF DATES FOR PLANNING DISTRICT NEIGHBORHOOD MEETINGS Commissioner Greenfield suggested that Item II be placed in the time slot of Other Business - c, and Item c be moved to a future date as Commissioner Wuellner was not present. This was agreeable with the Commissioners. ITEM III - CROWN COCO VARIANCE David Miller represented Crown CoCO of 319 Ulysses Street N.E., Minneapolis, MN. Mr. Miller stated he is requesting an 8 foot variance to accommodate installation of flat fascia wrap around PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 4 the perimeter of an existing canopy. Mr. Miller also stated that at the same time an effort will be made to resolve a sign problem by removing the building sign, an existing freestanding sign and install a free standing sign and wall signs that meet the City's code requirements. Assistant City Planner Deb Garross, presented the information as per memo of April 15, 1993. The variance application from Crown CoCo is requesting an 8' front yard variance from S.T.H. 13 right -of -way in order to install new fascia on an existing canopy to a 12' X 51' rectangular shape. The existing canopy is located at a non - conforming front yard setback. The Zoning Ordinance requires a minimum 50' setback form S.T.H. 13 right -of -way. The City is currently involved in litigation with Crown CoCo Inc., regarding the Prior Lake Sign Ordinance and its application to the E -Z Stop site. Staff required that a sign plan be submitted with the application as the canopy upgrade includes the installation of two signs on the new fascia. Scott County records indicate that the site was developed in 1963 under the jurisdiction of Spring Lake Township and annexed into Prior Lake in 1973. Precedent has been set in the past with a 7' variance for Amoco and a 17' front yard variance to Holiday. The proposed upgrade will not encroach further into the setback than the existing canopy, but will continue the existing wall. Recommendation from Staff is to approve the 8' front yard variance from S.T.H.13 right -of -way subject to the condition that all signage be brought into compliance with the Prior Lake Sign Ordinance and a compliance date should be established, in addition, the lawsuit against the City relative to the sign iseus be dismissed, and that the freestanding sign not exceed 75 square feet. Hardship is present as listed in the staff report of April 15, 1993. Comments from the Commissioners were on, strength of the fascia construction, compliance date, single pole vs two pole sign design, lawsuit be dismissed, and area would be improved. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT AN EIGHT (8) FOOT FRONT YARD VARIANCE FROM S.T.H. 13 RIGHT -OF -WAY TO E -Z STOP SUBJECT TO THE FOLLOWING CONDITIONS: THAT ALL SIGNAGE BE BROUGHT INTO COMPLIANCE WITH THE PRIOR LAKE SIGN ORDINANCE; COMPLIANCE BE IN 90 DAYS; DISMISSAL OF THE LAWSUIT AGAINST THE CITY OF PRIOR LAKE; THE FREESTANDING SIGN BE NO LARGER THAN 75 SQUARE FEET; LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PRECLUDE THE UPGRADE OF THE EXISTING CANOPY AND RESULT IN UNDUE HARDSHIP TO THE PROPERTY; THE APPLICATION IS TO RENOVATE AN EXISTING CANOPY WHICH REQUIRES THE EXTENSION OF A LEGAL- NONCONFORMING SETBACK, THE RENOVATION WILL NOT CAUSE FURTHER ENCROACHMENT INTO THE REQUIRED FRONT YARD SETBACK; THE HARDSHIP IS CAUSED BY PROVISIONS OF THE ORDINANCE AND IS NOT THE RESULT OF ACTIONS OF PERSONS PRESENTLY HAVING AN INTEREST IN THE PROPERTY; THE HARDSHIP IS NOT THE RESULT OF THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT RATHER PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 5 RESULTS DUE TO THE APPLICATION OF CURRENT ZONING STANDARDS TO A SITE WHIG jJ?S DEVELOPED UNDER THE JURISDICTION S SPRING LAKE TOWNSHIP; THE VARIANCE OBSERVES THE SPIRIT AND INTENT OF THIS ORDINANCE, PRODUCES SUBSTANTIAL JUSTICE AND IS NOT CONTRARY TO THE PUBLIC I13TEREST; THE VARIANCE APPLICATION LS SIMILAR TO OTHER SETBACK VARIANCES WHICH HAVE BEEN GRANTED FOR CANOPY CONSTRUCTION ADJACENT TO S.T.H. 13, THE RENOVATION WILL NOT ENCROACH CLOSER TO THE REQUIRED SETBACK THAN THE EXISTING STRUCTURE, THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY AND WOULD PRODUCE SUBSTANTIAL. JUSTICE. Commissioner Greenfield suggested a recommendation to the applicant that a single pole construction be considered. Vote taken signified ayes by Loftus, Arnold, Greenfield, and Roseth. MOTION CARRIED. ITEM IV - PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR THE WILDS The Public Hearing was called to order at 9:30 P.M. The public was in attendance and a sign -up sheet was circulated. Mike Morley 2800 Wilds Parkway, Project Manager for The Wilds, presented the application from Pr or Lake Development L.P. "The Wilds ", requesting an amendment to the Comprehensive Plan and Land Use Plan to allow the construction of a golf course, clubhouse, 2 hotels, 2 restaurants, convenience store, village shopping center and residential housing. Expert golf architects were employed to design the golf course. The Wilds is consistent with Prior Lakes Comprehensive Land Plan. Thera is also ample capacity in all Prior Lake's systems for the utilities, for the project, and The Wilds presents no metro impact. Present status for The Wilds is as follows; the Comprehensive Land Plan has been applied for, the PUD has been submitted to the City of Prior Lake, the preliminary plat has been submitted to the City and the EAW is complete. Horst Graser, Director of Planning, presented the information as per memo of April 15, 1993. Mr. Graser stated the amendment to be considered is: 1. To add 580.4 acres of land (The Wilds) to the year 2000 Prior Lake Urban Service Area (P.L.U.S.A.). 2. To remove 280 acres of the existing year 2000 P.L.U.S.A. 3. To amend the land use component of the Comprehensive Land Use Plan and to change the e xisting land use designation of the 580.4 acres site from agricultural and natural open space to low density residential and commercial land use. 4. To amend the land use plan of the comprehensive plan to change the existing land use designation of the 280 acre "Land Exchange" site from industrial and low density residential to agricultural land use. PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 6 Mr. Graser spoke on different aspects of the application. The focus of the amendments is a land exchange not an expansion. The Metropolitan Council is in their interim MDIF (Metropolitan Development Investment Framework) and any expansion of the urban service area may be quite difficult. Therefore it seemed prudent to all parties concerned to pursue a land exchange. The Metropolitan Council will act upon the exchange of the urban service area as well as any land use plan changes. The Metropolitan Council recently adopted interim strategies related to MUSA adjustments until the new or revised Metropolitan Investment Framework is completed. This amendment is to exchange 580.4 acres as per the application and remove 280 acres directly south of County Road 42 and adjacent to County Road 21. Staff has determined the service characteristics such as sewer and transportation, of the subject area and the exchange area are similar. Because of use and density characteristics, the demand on metropolitan systems will remain unchanged. Prior Lake's current comprehensive plan projects land use and service demands until the year 2000. With a few exceptions these demands must be addressed within the P.L.U.S.A. Prior Lake's existing urban service area total 5,895 acres of which 1 120 acres are vacant developable land. The land demand pro actions to accommodate growth are estimated 730 acres by Prior Lake Staff. The Metropolitan Council has estimated that only 510 acres are needed. Their lower figure is reflective of using 3.3 units /acre density rather than actual 2.5 units /acre documented in previous studies. The subject site contains an abundance of features and these features should be shared with all the community members. There are several steep slopes, wooded ridges, natural wetlands and waterbodies that provide the opportunity for a sensitive and innovative developer to create a unique residential environment. A community trail system has been identified incorporating Jeffers Ridge and Mystic Lake. In calculating the level of service, the traffic being generated by The Wilds consists of approximately 9700 trips per day. Comparing that to the 280 acres that is being removed shows 8500 trips per day. The wastewater generation for The Wilds is approximately 257 gallons per day, and for the 280 acres being removed it is 240 gallons per day, even though The Wilds is 300 acres larger, the land use for the exchange area will generate just as much traffic and wastewater and this is primarily due to the low density of The Wilds area and the industrial zoning of the Vierling parcel. The recommendation from Staff is to approve the amendments as requested and are outlined in Resolution 93 -01. The trade within the urban service area is sound and prudent contiguous growth management and is consistent with previous recommendation to PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 7 Prior Lake by the Metropolitan Council. The exchange area consisting of 280 acres has not been assessed for any urban type of services and no plans or proposals to develop the land have been presented to the City. Subject to topographical limitations, the entire 280 acres is currently being farmed. Larry Anderson, City Engineer, presented information on the sewer service area and a location map of the proposed trunk lines was shown. The sanitary sewer system is adequate to provide service for The Wilds and for other surrounding areas. Prior Lake could provide the sewer line to the Mdewakanton Sioux Community which would be financed by them. We have an adequate sewer capacity that has been allocated to the City of Prior Lake by Metropolitan Waste Control Commissicn and will have no adverse impact on the metropolitan sewer service and is not a substantial departure from the sewer service policy plan from the Metropolitan Council. The location of the proposed trunk water line was shown and explained. This watermain system would have adequate capacity to provide water service to the area. Currently the Mdewakanton Sioux Community have their own private water system. We may want to discuss a watermain interconnect to provide for emergency fire flow, but it is not our intention to provide water service to the Sioux Community. A traffic analysis map completed by Strgar- ROSCO- Fausch, Inc., for The Wilds development was shown. The transportation system that will be developed as a result of The Wilds development, will first be the north /south collector which will be a 32 foot wide roadway with a sidewalk on one side. The roadway will be two lane with no on- street parking. The majority of the lots that abutt on this roadway will not have direct access to the roadway but will have side streets to provide access to these lots. As a result of The Wilds development, certain traffic improvements will be needed. Scott County is proposing in 1993, to construct a temporary signal at the intersection of County Road 42 & 21. Turn lanes will be constructed in several locations to facilitate traffic flow. The Mdewakanton Sioux Community has committed to providing financial assistance in the roadway improvements as they are very aware of the fact this would benefit them in their gaming operations. The City of Prior Lake is not served by a metropolitan highway. The nearest metropolitan highway will not adversely be impacted and the land proposed exchange to the urban service area will not negate a negative impact to the metropolitan highway system. For the purpose of the Comprehensive Plan, the land exchange will provide a neutralization of the increased traffic that would ever occur as a result of The Wilds, be negated by the land that would be taken out and there would be no adverse impact to the metropolitan highway system. Robert Hoffman of Larkin, Hoffman, Daly, & Lindgren, special counsel to the City of Prior in regards to The Wilds gave a brief PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 8 overview of the project. Prior 'Lake is known as a freestanding center in the metropolitan scheme of things which means Prior Lake is self- contained and that is important in regards to looking at the comprehensive plan and particularly as it may relate to the metropolitan systems. The Metropolitan Council has urged freestanding centers to grow contiguously and in an orderly manner and has committed to assist in that. The Metropolitan Council has an interim set of strategies that are related to the expansion of an urban service area. A small part of it is directed to the exchange of an urban service area and that is the proposal being presented to the City, that the comprehensive plan reflect a change within the urban service area. The Metropolitan Council has acknowledged in the past that the exchange within a city of the urban service area parcels is substantially if not totally within the discretion of the city. The Metropolitan Council is concerned primarily with what comes out of the city as it affects regional systems. What a city does internally that generates either traffic or sewer is up to the city so long as it stays within the allocation of the Metropolitan Council. As Staff has indicated, this exchange stays well within the parameters of allocation by the Metropolitan Council to the City of Prior Lake. Mr. Hoffman stated that the comprehensive plan will be reviewed carefully by the Metropolitan Council and complimented the staff on their diligence and thoroughness in documenting the reasonable amendment to the comprehensive plan. Mr. Graser presented the Land Use Data. Prior Lake now is half urban and half rural. The net developable acres or total vacant land available is 1,120 acres, the proposed amendment would add approximately 300 acres to the urban service area which would total approximately 1,420 acres of vacant land available. The objective of the amendment was to show even though there is an increase the level of service or demand of service would not change. Traffic and sewage being generated are offset by the area being removed versus the area being added. The 2010 Comprehensive Plan will be completed possibly in one year. At that time Prior Lake will be able to add 500 - 800 acres. It would be prudent to add the acrea taken out now be added back in if so agreed upon by a future Council. Bob Jeffers, 3675 - 140th St., wanted to state as a matter of record, that he and Mr. Vierling are opposed to the exchange. They are concerned what will happen to their property in the interim and will review with their attorneys on what action to take at that time. Leo Vierling -14091 Eagle Creek Ave N.E., is opposed to the exchange as his property will decrease in value and why not wait one year. Mark Hyland- 3520 -154th St. owner of a nursery, voiced his concerns on what would happen to his 41 acres if the development goes through and would like the area to stay agricultural. Mr. Hyland does not want to be in the urban service area. PLANNING COMMISISON MEETING MINUTES APRIL 15, 1993 PAGE 9 The public portion of the hearing was closed at this time. Commissioner Loftus asked Mr. Hoffman to clarify the legal rights orgy the property exchange. Mr. Hoffman stated that the current status of the law is that the individual property n %ner that has undeveloped property, but � zoned a certain ca'egory, has a difficult time claiming damages if that property is downzoned. An example was given if a property owner in a city had property zoned high density residential in an undeveloped state and a development was not started and the city, for policy reasons downzoned it to low density residential, public opinion would say value had been lost. But the current status of the law is that it is difficult to recover under that. There are cases from commercial to agricultural and have a significant decrease in value and still the land owner would have difficulty to recovering damages. The theory behind that is, so long as there is some use for the land, even though its been devalued, there is a question if the land owner can recover damages. In Mr. Hoffman's opinion the same principles prevail and there is probably less of a claim by the property owner for damages in the exchange in the urban seriice area than there is in a downzoning. Commissioner Roseth read into the record two letters received. 1. Robert Jeffers P.O. Box 193, Prior Lake, dated April 15, 1993; addressed to Horst Graser, in answer to the request by the City to willingly relinquish the sewer and water rights. Mr. Jeffers felt if he gave up his rights it would cause a major disruption in his immediate plans for his property and will not sign the letter of understanding dated January 29, 1993, that would permit the City of Prior Lake to delete his property from the City of Prior Lake's Urban Service Area as set forth in the City of Prior Lake's current zoning map and comprehensive plan. 2. Lindberg S. Ekola, Planner, City of Shakopee, 129 East First Avenue, Shakopee, dated April 15, 1993; had comments on the coordination of development along the entire County Road 83 corridor, and suggested a series of sub-regional forums with Scott County, the Mdewakanton Dakota Sioux Community and the cities of Prior Lake and Shakopee to further discuss transportation and other development issues, would be beneficial to all parties. Commissioner Greenfield had a question on the definition of parks and open space concerning the exchange, the reason of the land exchange when citizens are against it and asked Mr. Hyland to explain his position again. Mr. Graser gave a brief outline of the existing comprehensive plans and the proposed comprehensive plan defining the plans for connecting trail systems. PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 10 Mc. Hoffman stated the property being proposed for exchange of 280 acres is not assessed for any urban services, has no urban services therefore the land owners have not made any investments based on an urban service area. If these properties had been assessed for some years it may be another story. No plans are pending before the City for a development and hasn *t been for the years they have been in the urban service area. For what ever reason, the land owners have elected to keep it rural agricultural. There is a request before the Commissioners for a development now for both residential and commercial. This exchange was strongly recommended to the City of Prior Lake by the Metropolitan Council in 1991. Mr. Hyland restated his position. Commissioner Arnold commented that the issue on hand is the land exchange and that is what is to be considered and understands the reason for the exchange. Commissioner Roseth stated the subject site is in a natural trend to be linked to a activity center from Prior Lake to The Wilds to the Mdewakanton Sioux Community and would be a uniformed area and sound planning. The issue on the agenda is land exchange and land use. Commissioner Loftus requested to see Mr. Jeffers letter and asked him what the plans are. Mr. Jeffers said he pplane to develop but could do nothing if this was approved. Mr. Vierling stated the land in question is not in t o agricultural preserve, fools the taxes are high and the value is down. MOTION BY LOFTUS, SECOND BY ARNOLD TO APPROVE RESOLUTION 93 -01 WHICH READS AS FOLLOWS: RESOLUTION 93 -01 RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO APPROVE AN ADJUSTMENT OF THE PRIOR LAKE 2000 URBAN SERVICE AREA WHEREAS, THAT THE PRIOR LAKE PLANNING COMMISSION CONDUCTED A PUBLIC HEARING ON THE 15TH DAY OF APRIL 1993, TO ACT ON A PETITION SUBMITTED BY PRIOR LAKE DEVELOPMENT L.P. TO ADJUST THE URBAN SERVICE AREA UTILIZING A LAND EXCHANGE; AND WHEREAS, THAT NOTICE OF THE HEARING ON SAID MOTION HAS BEEN DULY rUBLISHED AND POSTED IN ACCORDANCE WITH THE APPLICABLE MINNESOTA STATUTES; AND WHEREAS, THAT THE LAND EXCHANGE WOULD ACCOMMODATE "THE WILDS" DEVELOPMENT BY EXTENDING THE YEAR 2000 URBAN SERVICE AREA BY 580.4 ACRES AND REMOVING 280 ACRES; AND PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 11 WHEREAS, THAT THE 580.4 ACRES LAND EXCHANGE AREA ADJOINS THE MDEWAKANTON SIOUX COMMUNITY URBAN DEVELOPMENT AREA AND IS ADJACENT TO THE PRIOR LAKE 2000 URBAN SERVICE AREA; AND WHEREAS, THAT PRIOR LAKES COMPREHENSIVE PLAN LAND USE MAP WILL REFLECT THE USES AS PROPOSED IN "THE WILDS" DEVELOPMENT FRAMEWORK; AND WHEREAS, THAT ANY DEVELOPMENT RESULTING BECAUSE OF THE LAND EXCHANGE WILL BE CONTIGUOUS TO EXISTING URBAN DEVELOPMENT; AND WHEREAS, THAT PRIOR LAKE'S LEVEL OF SERVICE IS WELL WITHIN LOCAL AND REGIONAL SYSTEMS CAPACITY; AND WHEREAS, THAT THE DENSITIES IN THE URBAN SERVICE AREA ARE CONSISTENT WITH REGIONAL ALLOCATED CAPACITY; AND WHEREAS, THAT "THE WILDS" PLANNED DEVELOPMENT COMPLIES WITH PRIOR LAKE'S ADOPTED WATER QUALITY PLAN AND MINNESOTA POLLUTION CONTROL AGENCIES BEST MANAGEMENT PRACTICES AND THE DEPARTMENT OF NATURAL RESOURCES, SHORELAND MANAGEMENT; AND WHEREAS, THAT THE PROPERTY TO BE REMOVED FROM THE 2000 URBAN SERVICE AREA IS CURRENTLY BEING FARMED, HAS NEVER BEEN ASSESSED FOR URBAN SERVICES, AND URBAN SERVICES ARE NOT READILY AVAILABLE, AND WILL NOT BE DESIGNATED AGRICULTURAL ON THE COMPREHENSIVE PLAN LAND USE MAP; AND WHEREAS, THAT THE METROPOLITAN COUNCIL HAS RECOMMENDED TO PRIOR LAKE ON DECEMBER 1991, THAT ANY URBAN SERVICE ADJUSTMENTS SHOULD INCLUDE A LAND EXCHANGE; AND WHEREAS, THAT THE LAND EXCHANGE DOES NOT ADVERSELY AFFECT ANY METROPOLITAN SYSTEMS. NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING COMMISSION AS FOLLOWS: 1. APPROVE THE PETITION BY PRIOR LAKE DEVELOPMENT L.P. 2. THE PLANNING COMMISSION WILL REVIEW ANY COMMENTS FROM THE METROPOLITAN COUNCIL. PASSED AND ADOPTED THIS 15TH DAY OF APRIL, 1993. A brief discussion by the Commissioners followed and all were in consensus with the motion. PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 12 Tom Foster asked to be recognized at this time as he was 5 -6 -93 commissioned by Mr. Jeffers to speak. Mr. Foster was advised (correct that a motion was on the floor and(taitlthere had been ample time (spelling to speak in the public portion of the hearing. R (that) denied at this time. Vote taken signified ayes by Loftus, Arnold, Greenfield, and Roseth. MOTION CARRIED. Tom Foster, 5795 Shannon Trail SE, Prior Lake, spoke for Mr. Jeffers stating that he has had in -depth involvement with developers over the last three years. As Mr. Foster has been closely associated with Mr. Jeffers over the last two years, he can speak first hand on the situation and recently they are far enough along that a conceptual layout has been prepared by a developer and we're moving along at a very brisk pace for a development of his property and ultimately the sale. Mr. Foster said he is sure that with the motion that has been passed, begs to differ with Mr. Hoffman, thinks there will be action taken that will prove that Mr. Jeffers is making serious overtures with several developers in developing his property on a timely basis. Mr. Vierling and Mr. Jeffers indicated to all of the Commissioners they were deeplyy concerned about their property being devalued as a result in an exchange of the MUSA line. He (Mr. Foster) is the first person to recognize that there is not a PUD that has been presented to the City at this time. MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Loftus, Roseth, and Greenfield. MOTION CARRIED. Public Hearing closed at 11:25 P.M. Recess called at 11:25 P.M. The meeting reconvened at 11:30 P.M. ITEM V - OTHER BUSINESS a) 1993 PUD Status Report was presented by Associate Planner James Hayes. Mr. Hayes reported that Staff recommends no changes on The Harbor, Sand Point, Tower Hill and Windsong on the Lake PUD Zoning status. No additional information has been received from the developer on the Priorview PUD completion. Staff recommends statue quo on this PUD in the hope that a developer will complete this project. Items b & c were tabled to the next meeting when all the Commissioners could be in attendance. ITEM II - PLANNING DISTRICT NEIGHBORHOOD MEETINGS Deb Garross and James Hayes presented information on the procedure to schedule meetings with the district neighborhoods. PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 13 Maps were shown conveying the districts and the identification of natural features, parks, and etc. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE MEETING. vote taken signified ayes by Arnold, Greenfield, Roseth, and Loftus. MOTION CARRIED. The meeting adjourned at 11:50 P.M City Hall. Tapes of meeting on file at Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary