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HomeMy WebLinkAbout1993 March Planning Commission MinutesMarc h "A0304" REGULAR PLANNING COMMISSION AGENDA Thursday, March 4, 1993 7:30 p.m. Call Meeting to Order. a) Review Minutes of Previous Meeting. 7:35 P.M. 1. Consider lot area variance application for Randy Dement and Mike Lambert. s:oo p.m. Z' preliminarylnplato s variance application for Westbury Ponds. 10:00 P.M. 3. Consider public hearings to amend the Subdivision and Zoning Ordinances to add storm water management regulations. other Business a) Review minutes from previous meetings. 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, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOMUMfv r Ett PLANNING COMMISSION MINUTES MARCH 4, 1993 The March 4, 1993, Planning Commission Meeting was called to order by Acting Chairman Arnold at 7:30 P.M. Those present were Commissioners Arnold, Loftus, Wuellner and Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner James Hayes, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING As the Commissioners had just received the minutes from the February 18, 1993, regular Planning Commission meeting and the February 25, 1993, Special Workshop /Public Hearing which were quite lengthy, Commissioner Arnold advised review of the minutes would be moved to the end of the agenda. Recess was called at 7:33 P.M. as the next item was scheduled for 7:35 P.M. The meeting was reconvened at 7:35 P.M. ITEM II -LOT AREA VARIANCE -RANDY DEMENT /MIKE LAMBERT Deb Garross presented the information for the applicant's representative Doreen Siplinger of Realty World as she was unable to speak due to a case of laryngitis but was present in the audience for questions. The request is for a 2,804 minimum lot area variance for 16536 Spring Avenue. The site is part, of Lot 6 Green Heights First Addition. The applicants wish to construct a single family home. No specific house plan has been determined at this time but if the variance is granted it would be constructed to fit the area allotted. Without the variance the lot is not buildable. Ms. Garross stated the subject site and adjacent three parcels are considered lots of record as per City Section 5 -4 -1 (C). The subject site contains 7,196 square feet, has considerable relief, and is wooded. Precedent has been set as variances have been granted for two lots in the neighborhood for single family homes. Recommendation from staff is to approve the variance as requested. Hardship is not the result of the applicant but is the result of subdivision practices of a previous government body. James Berg 3893 Green Heights Trail, stated he is the owner of Lots 3 and 4 and part of Lot 8 and would take legal action if his portion of Lot 8 is jeopardized and was concerned on the reference to access. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORNPxrY EAtPIDYEt{ PLANNING COMMISSION MEETING MINUTES MARCH 4, 1993 PAGE 2 Doreen Siplinger stated she was under the assumption Lot 8 did belong to someone other than the Schere ° s. Debbie Van Valkenburg 3945 Green Heights Trail, voiced her concerns on environmental issues and felt that homes are too small. Comments from the Commissioners were on ownership of adjacent lots, building options, and landlocked lot. MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE A MINIMUM LOT AREA VARIANCE OF 2,804 SQUARE FEET FOR 16536 SPRING AVENUE. RATIONAL BEING THE SUBJECT SITE IS A LOT OF RECORD THAT WAS SUBDIVIDED UNDER THE JURISDICTION OF A FORMER GOVERNMENT BODY THEREBY CAUSING A HARDSHIP WHICH IS NOT THE RESULT OF ACTIONS BY THE APPLICANT, PRECEDENT HAS BEEN SET BY PREVIOUS VARIANCES GRANTED IN THE NEIGHBORHOOD, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Wuellner, Luftus, Arnold, and Greenfield. MOTION CARRIED. ITEM II PUBLIC HEARING - WESTBURY PONDS - PRELIAINARY PLAT AND VARIANCE The Public Hearing was called to order at 8:05 P.M. by Acting Ch- irman Arnold. The public was present and a sign -up sheet was circulated. Ron Swanson of Valley Surveying Company represented the applicants, Westbury Development Corporation. Mr. Swanson stated they are requesting preliminary plat approval of approximately 60 acres bounded on the south by S.T.H. 13 and the existing plat of West Edge Estates, on the east and northeast by Five Hawks Avenue and Five Hawks Elementary School, on the north by Pershing Avenue and an older plat of Spring Brook Park, and on the west by willows Sixth Addition. There are 97 lots proposed for single family homes in the subdivision with 2.8 acres dedicated for active park land and 15.9 acres for open space adjacent to the wetlands and steep slope areas. The density is 2.9 units per acre. The construction of a berm with shrubs is planned to enhance the lots bordering Highway 13. A sediment and a reflector pond is proposed to clarify stormwater runoff. A variance to increase block lengths of three blocks within the subject site is being requested at this time also. Mr. Swanson stated that an agreement between the developers, City of Prior Lake and the School District is in the process oP being negotiated that would benefit all parties concerned. The agreement calls for part of the plat to be annexed to grant additional land to the City which will be used for joint recreation facilities and future school site. PLANNING COMMISSION MEETING MINUTES MARCH 4, 1993 PACE 3 James Hayes, Associate Planner presented the information as per memo of March 4, 1993. Mr. Hayes advised the Commissioners there are two applications before them and would require a motion on each. They should be considered contemporaneously because of the interrelationship of the variance to the subdivision proposal. On August 6, 1992, the Planning Commission recommended approval of an amendment to the Comprehensive Plan which changed the subject site from medium density residential to low density residential and rezoning from R -3 medium residential and B -3 general business to R -1 single family low density residential. The developer has dedicated 15.9 acres as Outlot A which contains wetlands and steep slope areas plus 2.78 acres for a park adjacent to the school property. MNDOT has discouraged additional road access to T.H.13 thereby compelling the developer to plat the extension of Willowwood Street to connect with Five Hawks AvenLe, the school property, and wetlands, resulting in block length variances required for three blocks. The signalization of the Five Hawks and Highway 13 intersection is a strong possibility in the future which would aid considerably in pedestrian and traffic flow. The home styles proposed will be consistent with the styles of adjacent neighborhood development. Horst Graser, Planning Director, outlined the joint powers agreement draft with the School District, Westbury Ponds Developers and the City of Prior Lake. This would consist of an alternative design by exchanging property in certain areas. The objective of the school is to build a second school, the objective of the City is to acquire property for parks, and the objective of the developer is to continue the platting process and not lose any lots or time. The draft proposed would be a win /win situation for all concerned. If this is agreed upon there would be a replat of the second phase to the subdivision to accommodate a land exchange between the School District and project. Ron Bentler 16446 Inguadona Beach, voiced his concerns on the wetlands and of increased traffic in the area. Michelle Lein 3852 Pershing Street, stated her concern was the traffic, effect of construction to the swamp, and wooded areas and would like assurance it would be protected as presented. Dick Behler 3669 Willow Beach Street, had questions on lot sizes, holding pond filter process, signal at Five Hawks and Highway 13 and width of Willowwood. Larry Anderson, City Engineer, answered the question on the signal and stated there was insufficient traffic to warrant a signal at this time. With the addition of the development traffic, the possibility of warranting a signal would increase. Mr. Hayes read into the record a letter from Curt Deiner, 3803 Green Heights Trail SW, voicing his concern on the wildlife in PLANNING COMMISSION MEETING MINUTES MARCH 4, 1993 PAGE 4 the wetland and surrounding area, minimum lot size, and specifications for drainage of storm and yard runoff. A telephone message from Brian Parker of 16913 Willow Lane stated he felt the speed limit should be lowered to 25 MPH, was opposed to the variance allowing over 1000 foot blocks, and on children's safety when walking. Comments from the Commissioners were on, realignment of County Road 23, reduction of speed limit schedule of development phases, environmental concerns, drainage, stacking distances of vehicles at intersection, street lighting, maintenance of park trails, and clarification of architectural language. Mr. Anderson advised that the speed limit for residential areas is mandated by the State and could not be changed but a request was sent to lower the speed limit to 45 MPH on Highway 13 past 170th Street. The Storm Water Management program is in place as guidelines for developers. The water quality will be improved. Ron Bentler inquired on the width of park paths and on the preservation of wetland wildlife. Dick Behler asked if Five Hawks Avenue could be extended to the north. MOTION BY LOFTUS, SECOND BY GREENFIELD, TO RECOMMEND TO THE CITY COUNCIL THAT THE PRELIMINARY PLAT OF WESTBURY PONDS BE APPROVED CONTINGENT ON THE FOLLOWING ITEMS: A. THE SANITARY SEWER, WATERMAIN, AND STREET PLANS MUST BE SUBJECT TO THE APPROVAL OF THE CITY ENGINEER. B. THE STORMWATER MANAGEMENT, STORM SEWER, GRADING, AND EROSION CONTROL PLANS MUST BE SUBJECT TO THE APPROVAL OF THE CITY ENGINEER. C. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED ACCEPTABLE TO THE CITY ENGINEER. D. ADDITIONAL RECOMMENDATIONS IN THE MEMO FROM THE CITY ENGINEER. Vote taken signified ayes by Loftus, Greenfield, Arnold, and Wuellner. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY GREENFIELD, THAT THE VARIANCES ON BLOCK 6 FOR 415 FEET, BLOCK 1 FOR 371 FEET, AND BLACK 7 FOR 30 FEET IN WESTBURY PONDS BE GRANTED SUBJECT TO APPROVAL OF THE PRELIMINARY PLAT BY THE CITY COUNCIL. Vote taken signified ayes by Loftus, Greenfield, Wuellner, and Arnold. MOTION CARRIED. MOTION BY WUELLNER, SECOND BY GREENFIELD, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Wuellner, Greenfield, Arnold, and Loftus. MOTION CARRIED. Public Hearing closed at 9:50 P.M. A recess was called at 9:50 P.M. The meeting was reconvened at 10:02 P.M. PLANNING COMMISSION MEETING MINUTES MARCH 4, 1993 PAGE 5 I TEM III - PUBLIC HEARING - SUBDIVISION AND ZONING ORDINANCES AMENDMENT The Public Hearing was called to order by Acting Chairman Arnold at 10:02 P.M. The public was not in attendance. Deb Garross informed the Commissioners the public hearing wa: on two issues, an amendment to the Subdivision Ordinance and an amendment to the Zoning Ordinance. Joel Rutherford, Water Resources Coordinator, presented the information on these amendments as per the memo of March 4, 1993. These amendments are meant to implement the requirements by the Metropolitan Council as part of their strategy to reduce non -point source pollution into all metropolitan water bodies. The requirements are as follows: Adopt design standards for new storm water ponds that will reduce the contaminant loadings from surface water runoff, such as those from the national Urban Runoff Program(NURP). Local governments in the metropolitan area must follow the "best management practices" (BMP'S) as outlined in Protecting Water Quality in Urban Areas published by the Minnesota Pollution Control Agency, or an equivalent set of standards; and 3. Adopt the Minnesota Department of Natural Resources current shoreland regulations. Local governments will be required to adopt these elements before the Metropolitan Council will approve Comprehensive Plan Amendments. Mr. Rutherford defined the various sections of the proposed language in the amendments as outlined in the drafts 93 -05 and 93 -06. The standards proposed to be implemented into the city Code, though required by the Metropolitan council, will benefit Prior Lake residents by ensuring sound storm water management practices to land disturbing activities. The methods and procedures, when applied, will reduce the contaminant loadings from surface water runoff, thus improving water quality in the lakes, wetlands, streams, and waterways of Prior Lake. MOTION BY WUELLNER, SECOND BY LOFTUS, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENT DRAFT 93 -05 TO THE SUBDIVISION ORDINANCE AS PRESENTED BY STAFF. Vote taken signified ayes by Wuellner, Loftus, Arnold, and Greenfield. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY WUELLNER, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENT DRAFT 93 -06 TO THE ZONING ORDINANCE AS PRESENTED BY STAFF. Vote taken signified ayes by Loftus, Wuellner, Arnold, and Greenfield. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES MARCH 4, 1993 PAGE 6 MOTION BY LOFTUS, SECOND BY GREENFIELD, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Loftus, Greenfield, Wuellner, and Arnold. MOTION CARRIED. The public hearing was closed at 10:30 P.M. The minutes of February 18, 1993, were reviewed at this time. Commissioner Greenfield requested that on page 7, paragraph 3, line 16, the word spoken as 'gag" be spelled out to read "agricultural ". Commissioner Loftus requested that on page 14, paragraph 3, line 5, the word "envelope" be deleted as a point of clarification to the issii� . MOTION BY WUELLNER, SECOND BY GREENFIELD, TO APPROVE THE MINUTES OF FEBRUARY 18, 1993, AS CLARIFIED. Vote taken signified ayes by Wuellner, Greenfield, Arnold, and Loftus. MOTION CARRIED. The minutes of the Special Workshop /Public Hearing of February 25, 1993 were reviewed at this time. Corrections were as follows: Commissioner Wuellner requested the following corrections; page 1, paragraph 3, line 1, insert the title "Planning Consultant" after the name Dale Runkel; page 7, paragraph 6, line 1, correct the spelling of "Runkel "; and page 7, paragraph 11, line 2, correct the spelling of the name "Wuellner ". MOTION BY LOFTUS, SECOND BY WUELLNER, TO APPROVE THE MINUTES OF FEBRUARY 25, 1993, AS CORRECTED. Vote taken signified ayes by Loftus, Wuellner, Greenfield, and Arnold. MOTION CARRIED. A brief update on the Planning Commission Retreat was given by Dob Garross. This will be held at the Canterbury Inn on March 20, 1993. MOTION BY WUELLNER, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Wuellner, Loftus, Arnold, and Greenfield. MOTION CARRIED. The meeting was adjourned at 10:40 P.M. Tapes of meeting on file at City Hall. Horst W. Graser Rita M. Schews Director of Planning Recording Secretary /11 PRI nr� ti M REGULAR PLANNING COMMISSION AGENDA Thursday, March 18, 1993 7:30 p.m. Call Meeting to Order. a) Review Minutes of Previous Meeting. b) Review Minutes of February 4, 1993 Planning Commission Meeting 7:35 p.m. Consider variance application for Charles Lackey - 5630 Fairlawn Shores Trail 8:15 p.m. Review of Industrial Park Standards by Consultant Phil Carlson. *EDC members will be in attendance Other Business a) Discuss and develop conclusions from workshop with area realtors. 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, Mimmota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOxrUNrY BWUNE8 //0' Pik, PLANNING COMMISSION MINUTES MARCH 18, 1993 The March 18, 1993, Planning Commission Meeting was called to order by Chairman Roseth at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus Wuellner and Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, and Secretary Rita Schewe. ITEMS I a & b - REVIEW MINUTES OF PREVIOUS MEETINGS (a) The minutes of the March 4, 1993, were reviewed. MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Greenfield, and Wuellner. Commissioner Roseth abstained as he was not present at the previous meeting. MOTION CARRIED. (b) The minutes of the February 4, 1993, were reviewed. commissioner Greenfield stated on page 7, paragraph three, line 1, the name of the Commissioner was missing. It was determined that Commissioner Wuellner was the person speaking. MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE FEBRUARY 4, 1993, MINUTES AS CORRECTED. Vote taken signified ayes by Arnold, Loftus, Greenfield, Wuellner, and Roseth. MOTION CARRIED. ITEM II - CHARLES LACKEY - VARIANCE Kathy Farquharson, 6467 Kingfisher Lane, Eden Prairie, stated she is site a home. purchased the size s o l f i the lot and the existing garage which is to be incorporated into the construction plans, several variances are requested. The cabin located on the property will be removed. Deb Garross, Assistant City Planner, presented the information as per memo of March 18, 1993. The variances requested are as follows: a 2.5 foot east side yard variance from 10 foot setback requirement, 37 foot lakeshore variance from 75 foot setback requirement, 10% lot coverage ratio variance from 22% 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOMMY EM1D U ER PLANNING COMMISSION MEETING MINUTES MARCH 18, 1993 PAGE 2 requirement, and a 13.5% impervious surface variance from 308 requirement for Lot 28 and the east 10 feet of Lot 27, Fairlawn Shores. The previous owner had constructed a three car garage in anticipation of building a home. The existing cabin is located within the floodplain and contains a deck that encroaches over the 904 contour line. Demolition of the cabin would bring the site into compliance with City Code. The subject site contains several development constraints due to its width, area, and topography, thereby causing a hardship to the applicant. There is a 7.5 foot utility easement on the west side of the property. Staff's recommendation is to approve the variances based on the hardship criteria of the subject site is a substandard lot of record subdivided and developed prior to annexation into Prior Lake City limits, the proposed construction is located at a lakeshore setback similar to other homes within the neighborhood, a non - conforming structure located within the floodplain of Prior Lake will be removed and replaced with a conforming structure, the application of current zoning standards results in a severely limited building envelope, and the proposed development is consistent with the spirit and intent of the Zoning Ordinance and will not be detrimental to the health and welfare of the neighborhood. A telephone message from Bill willin er, 5650 Fairlawn Shores Trail SE, Prior Lake, stating he ob�acted to the 2.5 foot east side variance. Cindy Dobel, 5604 - 150th Street, objected to the house being built as it would impair their view of the lake. They thought that the lot would not be developed. Ms. Dobel asked for clarification on the height of the house, thought City Code was 35 feet. Jan Broucher, 14975 Storm Circle, was not objecting to the improvement but felt the house was too big. Bill Bymark, 5620 - 150th Street, voiced his objection to the height of the house as it would block his view of the lake. Bob Banitt, Contractor for the applicant explained the construction design of the proposed home showing it was the best design available for the site. The roof height would be 28 feet which is an increase of 10 feet from the existing garage. However, there would be a peak roof which will allow some view of the lake from neighboring properties. Comments from the Commissioners were on; the three car garage dimensions, reduction of driveway to reduce the coverage ratio, demolition of cabin resulting in removal of structure from floodplain, distance to adjacent neighborhood on the east is 48 feet, sideyard request is minimal, plan of house is a reasonable design, improvement of lakeshore, and consensus was in support of the application. PLANNING COMMISSION MEETING MINUTES MARCH 18, 1993 PAGE 3 Cindy Dobel, 5604 - 150th, again voiced her objections to the applications, felt there are too many variances. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT THE FOLLOWING VARIANCES FOR 5630 FAIRLAWN SHORES TRAIL; 1. 2.5 FOOT EAST SIDE YARD VARIANCE FROM THE 10 FOOT SETBACK. 2. 37 FOOT LAKE.SHORE VARIANCE FROM THE 75 FOOT SETBACK. 3. 10% LOT COVERAGE RATIO VARIANCE FROM THE 22% REQUIREMENT. 4. 10% IMPERVIOUS SURFACE VARIANCE FROM THE 30% REQUIREMENT. RATIONALE BEING THE SUBJECT SITE IS A SUBSTANDARD LOT OF RECORD, WAS PLATTED AND DEVELOPED UNDER A FORMER GOVERNMENT JURISDLCTION THEREBY CAUSING A HARDSHIP TO THE APPLICANT, REMOVAL OF A NON - CONFORMING STRUCTURE LOCATED IN THE FLOODPLAIN WILL INCREASE THE LAKESHORE SETBACK TO 38 FEET, APPLICATION OF 4 :tE CURRENT ZONING .STANDARDS WOULD JEOPARDIZE THE BUILDABILITY OF THE LOT WITHOUT VARIANCES, AND THE PROPOSED DEVELOPMENT IS CONSISTENT WITH THE SPIRIT AND INTENT OF THE ZONING ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. COMMISSIONER GREENFIELD OFFERED A FRIENDLY AMENDMENT TO ;4, TO CHANGE THE PERCENTAGE TO 11% WHICH EQUATES TO HAVING 200 SQUARE FEET OF THE DRIVEWAY REMOVED FOR THE IMPERVIOUS COVERAGE RATION. THIS AMENDMENT WAS AGREEABLE TO COMMISSIONERS LOFTUS AND ARNOLD. vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth, and Wuellner. MOTION CARRIED. A recess was called at 8:20 P.M. The meeting reconvened at 8:25 P.M. ITEM II - PHIL CARLSON - REVIEW OF INDUSTRIAL PARK STANDARDS Kay Kuhlmann, Assistant City Manager, introduced Phil Carlson, consultant from Dahlgren, Shardlow and Uban, who has been retained by the City to formalize the industrial park standards for Prior Lake. Mr. Carlson presented a slide presentation shoring scenes through history dipicting why it is important to have zoning codes and regulations for health and safety issues. Cities are not "born" with these regulations, but need to be implemented into place with laws for the good of all. Deb GTrross gave an outline of the Commissioners Retreat on March 20, 1993 at Canterbury Inn. An agenda was distributed to the Commissioners. commissioner Greenfield conducted the discussion on conclusions drawn from the realtors meeting of January 7 1993, and read his recommendations to the Commissioners. Commissioner Greenfield stated that Superintendent of Schools, Les Sonnabend, would like to be invited to future meetings. It was decided to continue PLANNING COMMISSION MEETING MINUTES MARCH 18, 1993, PAGE 4 (correct this discussion at the Planning Coamisison retreat, due to the(Commission lateness of the hour. (4 -1 -93) MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Wuellner, Roseth, Loftus, and Greenfield. MOTION CARRIED. The meeting adjourned at 10:45 P.M. Tapes of meeting on file at City Hall. Deb Garross Rita M. Schsve Assistant City Planner Recording Secretary