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HomeMy WebLinkAbout1991 March Planning Commission Minutes9r - 1 fi� \• pis• \sl `i1yK�!.y!,�6�7S� l� MARCH 7, 1991 7:30 P.M. CALL 10 ORDER REJIEW MINUTES OP PREVIC^S MEETING 7:30 P.M. HOME OCCUPATION PERM CONTINUATION PAUL VIERHCK * 7:35 P.M. PUBLIC HEARIM JOE MAHONEY - pONSIDER ANNE11ATION PETITION PEW GMBH * Indicates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prim Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MINUTES MARCH 7, 1991 The March 7, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Terrie Sandbeck, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. ITEM II - PAUL VIERECK HOME OCCUPATION CONTINUATION Terrie Sandbeck Associate Planner presented the information on Staff's findings. A video tape was made of the premises and inventory, is on file at City Hall for future references. A contract has been signed by the applicant stating the conditions on operating a home occupation for his property. An inspection should be performed once a year to ensure compliance and the sign permit would be void if the co ^itions are violated. Recommendation from Staff is to approve the Home Occupation Permit subject to the conditions specified in the contract. Comments from the Commissioners were in agreement with Staff's recommendation. MOTION BY ROSETH, SECOND WELLS, TO APPROVE THE HOME OCCUPATION APPLICATION AND CONTRACT WITH THE CONDITIONS AS OUTLINED BY STAFF AND SIGNED BY PAUL VIERECK, FOR VIERECK FIREPLACE SALES INC., AT 3465 N.W. 140TH STREET. Vote taken signified ayes by Roseth. Wells, Arnold, Loftus, and Kedrowski. MOTION CARRIED. ITEM III - PUBLIC HEARING CONSIDER ANNEXATION PETITION Public Hearing called to order at 7:40 P.M. by Chairman Arnold. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 An Equal Opportunity /AJJimntiue Action Employer PLANNING COMMISSION MEETING MINUTES MARCH 7, 1991 PAGE 2 City Manager Dave Unmacht, gave a brief summary on the annexation process and policy. Resolution 90 -35 established Prior Lake's policy for annexation procedures. The charge to the Commissioners is to decide if the annexation makes good land use sense for the City of Prior Lake. At this time no decision is needed on the concept subdivision or approval of a development contract. The recommendation of the Planning Commission will be forwarded to the City Council. The City and Spring Lake Township Board will continue to meet to work out the conditions on this annexation. Attorney Tim Keane, of Larkin, Hoffman, Daly & Lindgren, Ltd. 7900 Xerxes Ave, South, Bloomington, represented the applicants, Joe Mahoney and Mike Giles of New Century Construction. Mr. Keane stated they have prepared a petition for annexation of approximately 69 acres of land located in Section 11, Township 114, Range 22, Spring Lake Township. The purpose of the Public Hearing is to request approval of the annexation only and to forward the recommendation to the City Council. If the annexation is approved by the Council and Municipal Board the applicants would return to the Planning Commission witF an application for a Comprehensive Plan amendment, rezoning, and preliminary plat of Woodridge Estates. The annexation as proposed is consistent with the Comprehensive Plan. The stipulation form has been submitted to the City and the financial impact has been reviewed and analyzed as to the costs and burden on the City services. Comments from the Police, Fire Department and Schools, were that the annexation and subsequent development of 150 lots would not significantly impact personnel or government services. The property in question is bounded 77% by the corporate boundaries of the City of Prior Lake. A concept plan map of the development was shown. Horst Graser presented the information as per memo of March 3, 1991 and advised the Commission that the charge is to determine whether the site is urban or about to be suburban in character. Prior Lake has grown to its present size via several annexations. An Orderly Annexation agreement was entered into with Spring Lake Township in 1972. The City Engineer has reported that utilities are of capacity and location to accommodate the proposed site. The Complex which borders wouldbenefit by shopping einflux ofpeople , This area has been included in the Draft 2010 Comprehensive Plan. currently there are approximately 150 buildable single family lots available in Prior Lake. There are no proposed subdivisions within the community at this time. Potential development of the annexation site would provide additional inventory to the short supply of single family lots. Mr. Graser outlined the 7 points listed in the Planning Report and the recommendation from Staff, based upon the facts and findings, that annexation would be in the best interest of the PLANNING COMMISSION MEETING MINUTES MARCH 7, 1991 PAGE 3 City and provide opportunity for development consistent with the adjacent urban areas. Staff is of the opinion that the site should be developed under subdivision and zoning standards of the City of Prior Lake. Potential development of 2 1/2 acre lots directly adjacent to the corporate limits, would not be in the best, long term interest of Prior Lake. It is assumed by the Orderly Annexation Agreement that this area will at some point be annexed by the City. It is extremely difficult to retrofit existing development to higher subdivision and zoning standards. The potential for acquiring public park lands and introducing public utilities would likely be compromised by rural development patterns that allow 2 1/2 acre lots with septic systems. Letters form Laurie Hartmann, President of the Prior Lake Chamber of Commerce, and James Gibbish, Director of the Town Center Association, were submitted stating they are in favor of the annexation and urge the Planning Commissioners to approve the annexation. Clarence Kaiser, 20151 Fairlawn Avenue, Chairman of the Spring Lake Township Board, stated that the Township has concerns about future maintenance of Mushtown Road, capacity of the City's sewer lines, and status of the existing Orderly Annexation Agreement. The Township would like to negotiate a new agreement before acting on this annexation. Because of these concerns, the Township opposes the annexation at this time. However, there has been progress made concerning the terms of a new orderly annexation agreement and it is possible that an agreement may be reached regarding the annexation petition. Mr. Keane stated that they would work with the City and Spring Lake Township Board to resolve the concerns. Comments from the Commissioners were: proposed zoning should be corrected in the application from R -2 to R -1, impact of schools and roads, financial and revenue status, definition of charge, updated annexation policy Mushtown Road status, conceptual plan design, safety concerns, ring road completion and if there would be any negative economic impacts for the City if the land is annexed and not developed. Mr. Graser stated that a petition is needed to act and the opportunity is here now. MOTION BY KEDROWSKI, SECOND BY WELLS, THAT BASED ON THE INFORMATION SUBMITTED, ANNEXATION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 11 TOWNSHIP 114 RANGE 22 SCOTT COUNTY, MINNESOTA, LYING NORTHEASTERLY OF THE CENTERLINE OF M'JSHTOWN ROAD, WOULD BE IN THE BEST INTEREST OF THE PROPERTY AND CITY OF PRIOR LAKE. ANNEXATION WOULD PROVIDE THE OPPORTUNITY FOR DEVELOPMENT CONSISTENT TO ADJACENT AREAS, AND RECOMMENDED TO THE CITY COUNCIL TO ACT IN A POSITIVE MANNER ON THIS PETITION. PLANNING COMMISSION MEETING MINUTES MARCH 7, 1991 PAGE S Vote taken signified ayes by Kedrowski, Wells, Roseth, Arnold, and Loftus. MOTION CARRIED. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Kedrowski, Loftus, Wells, Roseth, and Arnold. MOTION CARRIED. Public Hearing closed at 9:25 P.M. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE FETING. Vote taken signified ayes by Roseth, Loftus, Wells, Arnold, and Kedrowski. Meeting adjourned at 9:30 P.M. Tape of meeting on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording secretary P R BOA \ 7 x a "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" REGULAR PLANNING COMMISSION MEETING AGENDA MARCH 21, 1991 7:30 P.M. 7:30 P.M. 7:30 P.M. 7:45 P.M. CALL TO ORDER REVIEW MINUTES OF PREVIOUS MEETING HEARING HONE OCCUPATION JIM PETERSEN HEARING HOME OCCUPATION TIM G. CONNORS * Indicates a Public Hearing All times stated on the Planning Commission A ends, With the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612( 4474245 An Fqud Opportunity /Affirmative Action Employer PLANNING COMMISSION MINUTES MARCH 21, 1991 The March 21, 1991, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wells, Roseth, Associate Planner Terris Sandbeck and Secretary Rita Schewe. Commissioner Kedrowski arrived at 7:33 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY WELLS, SECOND BY LOFTUS TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. ITEM II - JIM PETERSEN - HOME OCCUPATION PERMIT Jim Petersen, 3338 Todd Road, stated that he was unaware a home occupation permit was needed for his sound contractor operation, Mastercraft Electronics, out of his home. After he was informed by Jay Scherer, Code Enforcement Officer, who was investigating a complaint on the business activity, he applied for the permit. Supplies are kept at a warehouse in Lakeville and phone call crders only are taken at the residence. Terris Sandbeck presented the information as per memo of March 21, 1991. This operation consists of sales, installation and service of sound equipment, fire alarm, intercom, and nurse call systems. A small office is located in the basement. There are three full -time employees, Mr. Petersen, his son Kim, and one unrelated employee. A phone call from Robert Robbs of 3304 Todd Road was received by Staff stating he had no objections to the Home Occupation permit. Recommendation by Staff is to approve the Home Occupation Permit as it meets the objective and criteria listed in 5 -5 -8 of the City Code and does not detract from the neighborhood. John Beaupre, 3320 Todd Road, stated that he had no objections to the Home occupation Permit. Comments from the Commissioners were; notices sent, growth potential, and a yearly review. 4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 An Equal Opportunity/AfJirnatiue Action Employer PLANNING COMMISSION MEETING MINUTES MARCH 21, 1991 PAGE 2 MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO APPROVE A HOME OCCUPATION PERMIT FOR MASTERCRAFT ELECTRONICS AT 3338 TODD ROAD SW, RATIONAL BEING THE OPERATION DOES MEET THE OBJECTIVE AND CRITERIA LISTED IN CITY CODE 5 -5 -8 AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD AND SHOULD BE REVIEWED ON AN ANNUAL BASIS. An amendment to the motion was made by Loftus and seconded by Kedrowski to, HAVE THE REVIEWAL OF THE HOME OCCUPATION PERMIT AT STAFF'S DISCRETION. Vote taken signified ayes by Loftus, Kedrowski, Wells, Arnold and Roseth. MOTION CARRIED. ITEM III TIM CONNORS - HOME OCCUPATION PERMIT Tim Connors, 14113 Ash Circle, stated the he wishes to construct a 832 square foot garage to use as a pottery studio and workshop. There would be no deliveries to the residence but he would like to hold weekend showings for his customers three or four times a year. The traffic generated by the kiln opening shows would be the same as garage sale traffic. The studio would not be used for retail sales as the majority of his sales are through art shows in the region. He is employed full -time by Pulsar Division of Seiko and considers his pottery as an avocation. Terris Sandbeck presented the information as per memo of March 21, 1991. Mr. Connors applied for the Home Occupation Permit on his own accord. His plans are to construct the garage possibly this fall. The electric and gas kilns installed would have the appropriate safety features and the fumes emitted would not be noxious and there would be very little noise. However, due to the fact the garage is not as yet constructed, Staff is unable to anticipate the number of customers attending the showings. Recommendation from Staff is to approve the Home Occupation application for 14113 Ash Circle as it exists toady. The operation meets the criteria listed in Section 5 -5 -8 of the City Code and does not detract from the residential character of the neighborhood. Staff suggests the following conditions: 1. The number of kiln openings be limited to three per year and traffic kept at a minimum. 2. That the Home Occupation continue to conform to the criteria outlined in Section 5 -5 -8 of the Prior Lake City Code. 3. Any future changes in the Home Occupation that may have a detrimental effect upon neighboring residents, or that cause the operation to be in violation of the ordinance, the Home Occupation Permit shall then be reviewed. This permit is site specific and shall not be transferable. The operation is limited to the home or studio and no outside storage will be allowed. PLANNING COMMISSION MEETING MINUTES MARCH 21, 1991 PAGE 3 Sara Krohn, 14179 Ash Circle, objected to the size of the proposed building being built, parking concerns, and fumes. Sandy Haycraft, 14156 Ash Circle, read the covenant pertaining to the neighborhood and listed the conditions on what could or could not be built. Tim Connors stated he was unaware of covenant and had not signed it. Toni Hanson, 14142 Ash Circle, wanted to know location of building. Terry Hanson, 14142 Ash Circle, asked about frequency of delivery trucks and applicant should move studio to a commercial area. Bradley Haycraft, 14156 Ash Circle, stated he has no objection to the building but would like the materials used be the same as the house, supplies stored inside, no outside employees and time limit on shows. Robert Gemelke, 14209 Ash Circle, concerned on safety for children regarding the kilns being hot when operated. Comments from the Commissioners were on definition of covenants, safety for children regarding access to the kilns, would building be locked, off - street parking availability, fence possibility, status of business at present time, pottery process, odors, and limitation on kiln show times. Commissioner Wells and Arnold stated that the application is for a Home Occupation permit only and not for the proposed building and should be dealt with as such. MOTION BY KEDROWSKI, SECOND BY WELLS, TO APPROVE A HOME OCCUPATION PERMIT FOR TIM CONNORS AT 14113 ASH CIRCLE WITH THE FOLLOWING CONDITIONS, 1. THE NUMBER OF KILN OPENINGS BE LIMITED TO THREE PER YEAR AND TRAFFIC GENERATED BY THESE OPENINGS BE AT A MINIMUM; IF ANY COMPLAINTS ARE RECEIVED DUE TO THE TRAFFIC, THE HOME OCCUPATION PERMIT SHALL BE REVIEWED BY THE PLANNING COMMISSION. 2. THE HOME OCCUPATION CONTINUE TO CONFORM TO THE CRITERIA OUTLINED IN SECTION 5 -5 -8 OF THE PRIOR LAKE CITY CODE. VIOLATION OF THIS CODE WILL BE CAUSE FOR REVIEWAL. 3. THE HOME OCCUPATION PERMIT SHALL BE REVIEWED BY STAFF, EVERY SIX MONTHS FOR THE FIRST TWO YEARS OF OPERATION. An amendment to condition number 1 by Commissioner Wells, THE KILN OPENINGS BE LIMITED TO TWO DAYS, THREE TIMES A YEAR. Amendment accepted by Commissioner Kedrowski. Vote taken signified ay by Kedrowski, Wells, Roseth, and Arnold. Commissioner Loftus abstained. MOTION CARRIED. PLANNING COMMISSIOA MEETING MINUTES MARCH 21, 1991 PAGE 4 Commissioner Roseth commended the City of Prior Lake on receiving the Star City Award. commissioner Wells commended Terrie Sandbeck on an excellent job at this evenings meeting. MOTION BY ROSETH, SECOND BY KEDROWSKI, To ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Kedrowski, wells, Arnold, and Loftus. MOTION CARRIED. Meeting adjourned at 9:00 P.M. Tape of meeting on file at City Hall. Terris Sandbeck Rita M. Schewe Associate Planner Recording Secretary