HomeMy WebLinkAbout1993 December Planning Commission Minutes•.
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REGULAR PLANNING COMMISSION
AGENDA
Thursday, December 2, 1993
7:30 p.m. Call meeting to order
a) Review minutes of previous meeting.
7:35 p.m. 1. Public Hearing to Consider Establishing Wmimum Setbacim f vi n
Stonnwater Management Program
8:00 p.m. 2. Public Hearing to Consider Rezoning for Lao Mading Pmpetty
ftmn I -1 to A -1
8:30 p.m. 3. Rod Dehmlo Auto Sales Variance
All times stated on the Planning Commis" Agenda, wM the exception of Public
Hearings, are approximate and may start a few minutes earlier or later than the sehedoted
time.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORNMTY EMPUNER
PLANNING COMMISSION
MINUTES
Thursday, December 2, 1993
The December 2, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7:30 P.M. Those present were Cormnissioners Roseth, Arnold, Greenfield, Loftus, Vonhof,
Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Scheme.
REVIEW MINUTES OF PREVIOUS TIN
MOTION BY GREENFIELD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Greenfield, Loftus, Arnold, Vonhof. and Roseth. MOTION
CARRIED.
A recess was called from 7:31 P.M. to 7:35 P.M at which time the next agenda item was
scheduled.
ITEM I - PUBL.IC FEARING _ TO CONSIDE R STABi ISAING NU NllWUM
SETBACKS FROM MAN-MAnE AND NATURAL WETLANDS
The Public Heating was called to order at 7:35 P.M. by Chairman Arnold. The public was in
attendance and a sign -up sheet was circulated.
Horst Graser, Director of Planning, presented a summary on the background of the Stormwater
Management Program. The issue was brought to the attention of the Development Review
Committee by the Public Works Department several months ago. Policies vier developed to
prevent developers from filling, altering, or changing our natural wetlands. Metropolitan
Council mandated that cities focus on water quality treatment. NURP ponds were implemented
and maintained. The setback proposed is 30 feet from the 100 year flood plain level. The entire
lot would be outside of the setback where in the past only 50% was required to be outside. This
would decrease density which in turn could increase the future fees for developers and
maintenance costs for the City of Prior Lake.
Engineer Anderson felt it was crucial that setbacks be maintained to protect ponds, wetlands, and
to provide a minimum rear yard for residents. The lot area increase would encourage open space
for public use and possibly introduce trails around the ponds and wetlands. Developers are
reluctant to place homes further away from ponds as they wish to maximize the number of units
per development.
Mr. Anderson, stated that all developments over 5 acres will have water quality ponds in them.
This setback would result in a lower density adjacent to wetlands. A 30 foot setback from the
100 year flood plain is the proposed figure. Several overheads were shown illustrating various
PLANNING COMMISSION
December 2, 1993
Page 1
ponds in developments in Prior Lake and depicting the lot sizes and the current policy
As the nett Public Hearing was scheduled for 8:00 P.M., this Public Hearing was continued to
the end of the evening's agenda.
ITEM II - PUBLIC HEARIN - TO CONSIDER REZONING FOR THE LEO
VIERLING PROPERTY FROM I -1 T'O A -1
The Public Hearing was called to order at 8:00 P.M. by Chairman Arnold. The public was in
attendance and a sign -up sheet was circulated.
Horst Graser, Director of Planning, presented the information as per memo of December 2, 1993.
The purpose of the hearing is to rezone approximately 80 acres of property owned by Leo
Vierling from Industrial to Agricultural.. This property was removed from the Urban Service
Area approximately four months ago as an exchange parcel for The Wilds in the Comprehensive
Plan Amendment. It is necessary to rezone the 80 acres of the Vierling property from I -I to A -1,
a land use consistent with the Rural Service Area policies, Urban Service Area and Land Use
Plan of the Comprehensive Plan. In the interim of approving the Comprehensive Plan, it is
prudent to rezone this property from I -1 to A -1 as the City of Prior Lake does not allow industrial
construction without sewer and water. Staff has prepared Ordinance No. 93 -30 for the Planning
Commission to recommend approval to the City Council.
Leo Vierling, 14091 Eagle Creek Avenue, asked for clarification on the proposed ordinance. Mr.
Graser explained the process.
Comments from the Commissioners were on; issue is a matter of formality, designation of
industrial zone, and all were in consensus with approval.
MOTION BY GREENFIELD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY
COUNCIL TO APPROVE AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SECTION 5 -2 -1 AND PRIOR LAKE ZONING CODE ORDINANCE NO. 83-6 SECTION 2.1.
RATIONAL BEING THIS WOULD BRING THAT PART OF THE ZONIN^ MAP INTO
COMPLIANCE WITH THE CURRENT COMPREHENSIVE PLAN.
Vote taken signified ayes by Greenfield, Roseth, Loftus, Vonhof, and Arnold. MOTION
CARRIED.
MOTION BY ROSETH, SECOND BY VONHOR TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. The Public
Hearing was closed at 8:20 P.M.
A recess was called at 8:20 P.M. and the meeting was reconvened at 8:30 P.M
Commissioner Roseth stated as he has an on -going business arrangement with the applicant and
therefore withdrew from the proceedings.
Bernie Mahowald, of Mahowald Builders, represented the applicant Rod Dehmlow, owner of
Rod Dehmlow Auto Sales. Mr. Mahowald stated the applicant is in the business of reselling and
refurbishing cats and wishes to enlarge his establishment to accommodate a show morn and is
requesting the variance for this purpose. Mr. Mahowald then asked what procedure would be
PLANNING COMMISSION
December 2. 1993
Pape 2
needed to have a sign on the roof and was informed that the applicant would have to apply under
the Sign Ordinance. He was also advised that the City of Prior Lake Sign Ordinance prohibits
roof signs.
Gina Mitchell, Associate Planner, presented the information as per memo of December 2, 1993.
The existing building was constructed in June of 1983 and was in compliance with the codes at
that time. On June 29, 1993, the City Council adopted a new Zoning Ordinance requiting a 50
foot setback from State Trunk Highway 13 right -of -way. The applicant's request is for a 9 foot
variance from the 50 foot setback in order to extend the wall of an existing building to the north.
Staffs recommendation is to approve the application as teq�isted as the hardship is a result of
adoption of different Zoning Ordinance setbacks and is not due to the actions of the applicant.
Comments from the Commissioners were on; the application does meet criteria, future Highway
13 expansion, glad to see a Prior Lake business growing, and discussed other issues such as
landscaping, lighting, and exterior finishes.
MOTION BY LOFTUS, SECOND BY VONHOF, TO APPROVE THE NINE (9) FOOT
FRONT YARD VARIANCE FROM STATE TRUNK HIGHWAY 13 RIGHT -OF -WAYY,
RATIONALE BEING THE BUILDING WAS CONSTRUCTED WTIII FORMER ZONING
ORDINANCE 75 -12 AND MADE NON - CONFORMING BY THE ADOPTION OF
ORDINANCE 83 -6. HARDSHIP CRITERIA HAS BEEN MET. THE HARCSHIP IS A
RESULT OF ADOPTION OF DIFFERENT ZONING ORDINANCE SETBACKS AND IS
NOT DUE TO ACTION OF THE APPLICANT,
Vote taken signified ayes by Loftus, Vonhof, Greenfield. and Arnold. MOTION CARRIED. (12- 16 -93)
(Commissioner Roseth requested it be noted he rejoined the ComissLoners after the vote
The Public Hearing on Stormwater Management Program was recalled to order at 8:48 P.M. (vas taken.)
Comments from the Commissioners were on; structure of detention pond, maintenance of
ponds, affect on park dedication fees, piping and reconstruction casts, size of ponds, safety
treasures in place, determination of 100 year Flood plain and elimination of park credit to
developers.
Commissioner Greenfield felt this proposal just had a postage stamp effect and should be looked
at further in regards to what affect the ponds would have on the overall scheme of the open
space.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND THE ADOPTION OF
ORDINANCE 94 -01 AMENDING PRIOR LAKE CODE SECTION 62 -1 AND 66-4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87 -10, SECTION 62 -1 AND 6.6-4(F).
Commissioner Greenfield raised a question on the definition of detention ponds, land valuation, (12- 16 -93)
and the implementation to the ordinance. (change "land valuation" to "the relation to park
(valuation ".)
Vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth, and Vonhof. MOTION
CARRIED.
(12- 16 -93)
A directive was given to Staff to investigate amending City Cade Section 668E related to(Directive
credits for park land dedication and be brought back to the Planning Commission. (given to be
( "Staff to amend the City Code Section 6 -6 -8E relating to detention ponds credits for park
MOTION BY LOFTUS, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING. (land dedication
(at OZ, and be
Vote taken signified ayes by Loftus, Vonhof, Roseth, Arnold, and Greenfield. MOTION (brought
CARRIED. (back to tb
(Planning
PLANNING COMMISSION
December 2, 1993
Page 3
first
(January.)
MOTION BY LOFTUS, SECOND BY ROSETH, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Roseth, Arnold, Vonhof, and Greenfield. MOTION
CARRIED.
The meeting adjourned at 9:50 P.M. Tapes of the meeting are on file at City Hall.
Horst W. Graser
Director of Planning
Rita M. Schewe
Racarding Secretary
PLANNING COMMM ON
Ueeemher z 1993
Pege 4
P h
REGULAR PLANNING t
AGENDA
Thursday, December 16, 1993
7:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
7:35 p.m. 1. PUBLIC HEARING to Consider a Comprehensive Plan
Amendment and Rezoning for Wensmatm Realty
8:15 p.m. 2. PUBLIC HEARING CONTINUED for the Preliminary Plat of
Westbury Ponds First Addition
8:45 p.m. 3. VARIANCE - Nedegaatd Construction Co. Inc.
9:00 P.M. 4. PUBLIC HEARING to Consider Amending the 7mmg and
Subdivision Ordinances to Adopt Driveway Standatda
All times stated on the Planning Commission Agenda, with the exception of Pahge
Hearings, are approximate and may start a few minutes earlier or Wes than the scheduled
time.
.DIM
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474M
AN EQUAL OPPORNrdrY EMPLOYER
PLANNING COMMISSION
MINUTES
Thursday, December 16,1993
The December 16, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7:34 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus, Vonhof,
Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Gina
Mitchell, and Secretary Rita Schewe.
REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Greenfield requested a correction to paragraph 10 in regards to his directive to
Staff, to change "land valuation" to "the relation to park valuation ", and in paragraph 12 stated it
should read as follows: "A directive was given to Staff to amend the City Code Section 6-6-8E
relating to detention ponds credits for park land dedication at 0%, and to be brought back to the
Planning Commission at the lust meeting in January".
Commissioner Roseth requested it be noted he rejoined the Commissioners after the vote was
taken on the Dehmlow variance.
MOTION BY LOFPUS, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS
AMENDED.
Vote taken signified ayes by Loftus, Greenfield, Roseth, Arnold, and Vonhof. MOTION
CARRIED.
ITEM I - PUBLIC HEARING - TO CONSIDER A COMPREHENSIVE PLAN
AMENDMENT AND REZONING FOR WENSMANN REALTY
Tim Erkkila, Westwood Professional Services and Planning, Eden Prairie, represented the
applicant, Wensmann Realty, 3312 -151st St. West, Rosemount, MN. Mr. Erlddla stated the
application is for rezoning and a comprehensive plan amendment for the 40 acre property located
in the southwest comer of intersection Pike Lake Road and County Road 42. The request is to
amend thi, Year 1010 Comprehensive Land Use Plan to redesignate the property from industrial
to low density residential land use. A subsequent rezoning is requested to change I -1, Special
Industrial and C -1, Conservation Zoning to R -1, Urban Residential. There will be a subdivision
application for the site that will be submitted at a future date. A tree survey has been taken,
wetlands have been noted, steep slopes, and park area defined. Approximately 130 -140 attached
single family dwelling units are anticipated for construction depending on the topography of the
area and the outcome of the comprehensive plan and rezoning petitions.
Terry Wensmann from Wensmann Homes, stated the price of the proposed townhomes range
from $110,000 to $175,000. Pictures were displayed showing townhomes built in other cities.
Horst Glaser, Director of Planning, presented the inforrnation as per memo of December 16,
1993. Currently 33 acres of the subject site is designated industrial, and 7 acres is open space.
PLANNING COhOMSION
June 3,1943
Page I
The zoning is 25 acres 1 -1 Special Industrial, and 15 acres is C -1 Conservation. A detailed
analysis of the entire site reveals rolling land with numerous steep slopes, wetlands and
lowlands. Based on these physiographical characteristics, the subject site should never have been
designated industrial. In August 1990, the City officially abandoned the industrial uses in this
area by adopting the findings of the Business Park study "A Balanced Growth Perspective ".
Approximately 100 acres of the former industrial zone has subsequently been redesignated to
low density residential. A 120 acres of the former Industrial Zone have been removed from the
U Service Area and designated Agricultural. Transportation studies indicate that traffic
generated by residential use would be less than industrial. Utilities are available in conjunction
with the Knob Hill development. The subject site contains the remaining 25 acrs of industrial
land recommended by the 1990 study to be rezoned. The Findings listed as Numbers 1 -7 in the
PI -.Wing Report were discussed. Recommendation from Staff is to adopt the findings and
recommend to City Council to amend the Comprehensive Land Use Plan for the Brandt fart
from industrial to low density residential and to recommend to the City Council that the Zoning
Ordinance be brought into compliance with the Comprehensive Plan Ordinance by adopting
Ordinance 94 -03, rezoning the site to R -1, Urban Residential.
Linda Haring, 4520 Embassy Circle, asked on where access would be to the development and
was informed that it would be from Pike Lake Trail and not on County Road 42. Ms. Harting also
asked for clarification on the Leo Vierling property, and what type of housing the applicant
proposes for the subject site.
Commissioner Loftus commented on the current Comprehensive Plan and the diversity in the
various developments that have been brought on -line. Commissioner Greenfield stated that he
was uncomfortable with the amendment and is not in favor of approving iL Commissioner
Roseth said the question at hand is the rezoning and the area is suited for residential and not
industrial. Commissioner Vonhof voiced his concoms on the current comprehensive plan and the
impact on infrastructure. Commissioner Arnold corcurred that the current comprehensive plan is
outdated but the recommendation by Staff does make sense based on the information as
submitted.
MOTION BY ROSETH, SECOND BY TO ADOPT THE SEVEN FINDINGS
PRESENTED BY STAFF AND TO RECOMMEND TO CITY COUNCIL THAT THE
COMPREHENSIVE PLAN BE BROUGHT INTO COMPLIANCE WITH THE ZONING
ORDINANCE BY ADOPTING ORDINANCE 94-03.
Motion died for lack of a second
MOTION BY GREENFIELD, SECOND BY LOFTUS, TO CONTINUE THE PUBLIC
HEARING FOR THE COMPREHENSIVE PLAN AMENDMENT AND REZONING FOR
THE 40 ACRES OF THE BRANDT PROPERTY, TO JANUARY 6, 1994, AT 8.00 P.M., AND
DIRECT STAFF TO PROVIDE ADDITIONAL INFORMATION REGARDING FUTURE
LAND USE ALONG THE COUNTY ROAD 42 AND COUNTY ROAD 83
TRANSPORTATION CORRIDORS.
Discussion followed: Commissioner Loftus said the best use of the 40 acres should be defined
and that it would be closed to other businesses if rezoned. Commissioner Greenfield stated there
is no game plan and a clearer picture is needed and we should not be driven by applications.
Commissioner Roseth voiced his objections to stopping the process at the expense of the
applicant and that the Commission has rezoned other properties in the past and feels this
application is in order. Commissioner Arnold concurred with Commissioner Roseth.
Mr. Erkkila stated that the applicant should not be left in limbo and requested to be put on the
next regularly scheduled meeting.
PLANNING COWMSSION
June 3, 1993
Page 2
Vote taken signified ayes by Greenfield, Loftus, and Vonhof. Naycs by Roseth and Ame:d.
MOTIOIJ CARRIED.
A recess was called at 8:55 P.M. The meeting was reconvened at 8:59 P.M.
ITEM 11 PUBLIC HEARING CONTINUED STBURYPONDS OEST ADDITION
PRELIMINARY PLAT
The Public Hearing was called to order at 9:00 P.M. The public was in attendance and a sign -up
sheet was circulated.
Horst Graser, Director of Planning, presented the information as per memo of the Planning
Report of December 16, 1993. This public hearing was continued from November 18, 1993, to
provide City Staff and other agencies additional time to review the application. Those in
attendance of that meeting did not have any objections to the proposal. Based on that
information, Staff recommends approval of Resolution 93 -13PC and Ordinance No. 93 -29.
MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE RESOLUTION 93 -13 PC,
APPROVING THE PRELIMINARY PLAT OF THE FIRST ADDITION TO WESTBURY
PONDS.
Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. MOTION
CARRIED.
MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE ORDINANCE NO. 93 -29
APPROVING THE ZONING CHANGE OF 1.235 ACRES OF LAND FROM C -1 TO R -1
URBAN RESIDENTIAL. RATIONALE BEING THAT DOCUMENTATION HAS BEEN
SATISFACTORILY SUBMITTED AND MET WITH APPROVAL BY STAFF.
Vote taken signified ayes by Loftus, Roseth, Arnold, Greenfield, and Vonhof. MOTION
CARRIED.
MOTION BY LOFTUS, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Loftus, Greenfield, Vonhof, Arnold and Roseth. MOTION
CARRIED. The Public Hearing was closed at 9:12 P.M.
ITEM HI - VARIANCE - NE DEGAARD CONRTRIJMON CO.
David Newman, representing Nedegaard Construction of Coon Rapids, stated that their concept
of homes they build are geared to young professionals or "empty nesters ". Time homes are
customized and sometimes are very dramatic it,, appearances and are in the price range of
$700.000.00. With this type of house value the customer usually enlarges the floor Platt to suit
their individual needs. The variances requested for the villas in ilu ions is for the decks which
will be elevated. This will encroach onto the golf fairway but due to the design of the golf course
and the lots, the applicant does not believe this will be a problem
Horst Graser presented the information as per Planning Report of December 16, 1993. The
variances being requested are; 10 feet, 8 inches for Unit 2D, and 7 feet, 2 inches, for Unit ID.
This situation presented itself after the development plan was in place. It is not uncommon to
have a number of development amendments to adjust to actual market conditions. The developer
of The Wilds has also filed for a PUD amendment in decrease the tsar yard setbacks for units
along the fairways. If the development plan can be adjusted to accommodate the market
PI.ANI TONG dOIdrtlsslOr
June 3,1993
Page 3
condl,.ion aid maintain the health and safety of the future residents of the neighborhood, the
Planning Commission should consider the variances.
Mike Morley, Project Manager of The Wilds Golf Club, 2500 Wilds Parkway, assured the
Commission drat he has applied for a PUD amendment. Mr. Morley outlined the planning
design of the golf course and due to the angle of ti.,, golf course, these variances being requested
will not interfere with the homes. The tee boxes were moved further away from the homes and
the variances are being requested for lots abutting the golf course only.
Comments from the Commissioncrs woe; developer should decide the relationship of the homes
to the golf course, project is it PUD, hazard of golf balls played, and standards should not be
adjusted because of the price of the home.
MOTION BY LOFTUS, SECOND BY GREENFIELD, TO APPROVE A VARIANCE FOR
LOT 2, BLOCK 5, THE WILDS, SPECIFICALLY A TEN (10) FOOT, EIGHT (8) INCH
VARIANCE FOR UNIT 2D. AND A SEVEN (7) FOOT, TWO (2) INCH VARIANCE FOR
UNIT 1D. RATIONAL B PING THIS 1S A PUT AND A SPECIAL SIIVATION SINCE IT IS
ON A GOLF COURSE FAIRWAY AND WOULD NOT BE DETRIMENTAL TO THE
HEALTH AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY.
Vote taken signified ayes by Loftus, Greeniield, Roseth, Arnold, and Vonhof. MOTION
CARRIED.
ITEM -- PUBLIC HEARING. CONSIDER AMENDING THE ZONING AND
SUBDIVISION ORDINANCES TO ADOPT DRIVEWAY STANDARDS
The Public Hearing was called to order at 9:37 P.M. The public was in attendance and a sign -up
sheet was circulated.
Deb Garross, Assistant City Planner, presented the information as per memo of December 16,
1993. The purpose of this public hearing is to consider a proposed amendment to the Prior Lake
City Code, Zoning and Subdivision Ordinances. The proposed amendment would incorporate
minimum driveway standards related to surface requirements, slope, and setbacks. The
Ordinance is intended to apply to all new residential construction. The proposed draft of
Ordinance 94 -02 is a result of recommendations from the Building Inspection and Engineering
Departments. The City of Prior Lake has no formal policies or guidelines related to driveway
improvements and problems have occurred in regard to drainage, erosion, and interference with
existing easements because there are no adopted standards. Ms. Garross outlined the six
requirements in the proposed amendment for the Commissioners. The Development Review
Committee has reviewed the proposed Ordinance 94-02 and recommends that it be adopted as
written or with changes as per direction of the Planning Commission.
Robert Walsh, Walsh Development, Shoreview, developer of Raspberry Ridge, had concerns on
the six points being proposed and felt that the developers should have their input incorporated
into the ordinance. Handicapped accessibility should be considered also.
Comments from the Commissioners were; long driveways would be expensive if hard surface,
establishing grade, intent of ordinance, flexibility of moving driveways, site lines, and not
comfortable with item #6.
Larry Anderson, City Engineer, defined the proposed ordinance to the Commissioners.
PLANNING COI. MSION
Ium 5, 1993
Page 4
MOTION BY ROSETH, SECOND BY GREENFIELD, TO CONTINUE THE PUBLIC
HEARING ON ADOPTING DRIVEWAY STANDARDS TO JANUARY 20. 1994, AT 7:35
P.M.
Vote taken signified ayes by Roseth, Greenfield, Arnold, Vonhof, and Loftus. MOTION
CARRIED.
MOTION BY LOFTUS, SECOND BY VONHOF, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Vonhof, ' Roseth, and Greenfield. MOTION
CARRIED.
The meeting adjourned at 10:17 P.M. Tapes of the meeting are on file at City Hall
Horst W. Graser
Director of Planning
'r MT
Rita M. Schewe
Recording S% etary
PLANNM OOMMISMN
Jae 3,1993
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