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HomeMy WebLinkAbout1978 July Planning Commission MinutesCITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE. PLANNING COMMISSION July 20, 1978 AGENDA: 1. 7:30 P.M. Call to order 2. 7:35 P.M. Discuss Comprehensive Plan with City Planners 3. 8:00 P.M. Cy Schweich - Public Hearing for Rezoning 4. 8:15 P.M. Cy Schweich - Public Hearing for Subdivision 5. 8:30 P.M. R. Swanson - Public Hearing for Subdivision 6. 8:45 P.M. Howard Gelb - Concept Approval for Subdivision 7. 9:1S P.M. Ross Woodruf - Variance 8. 9:30 P.M. Bill Smith - Concept Approval for Subdivision 9. 10:00 P.M. On -Belay - Conditional Use Permit THE CENTER OF LAKE COUNTRY CITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSION July 20, 1978 AGENDA REPORT: 1. 7:30PM . Call to Order 2. 7:35PM Discuss Comprehensive Plan Planners Graser and Tooker will present a revised schedule for the completion of the Comprehensive Plan together with an explanation of the planning process and pertinent information. 3. 8:OOPM Cy Schweich - Publ ic Hearing - Rezoning Attached please find preliminary plat and zoning request. 4. 8:15PM Cy Schweich - Public Hearing - Subdivision Attached please find supportive material. S. 8:30PM R. Swanson - Brooksville Center - Public He - Replat Attached please find plat - staf input will be at hearing time. 6. 8:45PM Howard Gelb - Concept Approval for Subdivision Commercial subdivision consisting of the old drive in theater. Presentation will be at scheduled time and date. Attached please find concept sketch. 7. 9:15PM Ross Woodruf - Variance Attached please find supportive material. 8. 9:30PM Bill Smith - Concept Approval for Subdivision Attached please find concept sketch. 9. 10:OOPM On -Belay - Conditional Use Attached please find staff recommendation. THE CENTER OF LAKE COUNTRY The meeting of the July 20, 1978 Prior Lake Planning Commission was called to order by Chariman Thorkelson at 7:35 PM. Members present were Commissioners Fitzgerald, Johnson, Cavill, Councilman Busse and Planners Tooker and Graser. The minutes of the July 6, 1978 Prior lake Planning Commission were changed to (last page, fifth paragraph from the button of the page) motion made by Fitzgerald (not Speiker) to deny the rezoning. Also, sixth paragraph should state "seconded by Cavill and upon a vote taken motion carried." The minutes were motioned for approval as amended by Cavill seconded by Johnson and upon a vote taken motion carried. First item was a discussion on the Comprehensive Plan. Planner Tooker outlined the program for the discussion periods that will take place in the coming months. The public hearing for the Cy Schweich rezoning was called to order at 8:00 PM. Planner Graser gave a description of the parcel involved. The subdivision is called Lakeside Estates. Ron Swanson described the placement of the proposed housing units. The meeting was then opened to the public. Bob Reimer asked if putting 2 large housing units face to face was a common practice. Chairman Thorkelson asked the audience to keep their comments on the rezoning and the subdivision hearing would be next. Archie Pavek wanted to know exactly what the zoning would be. Was concerned tha spot zoning not happen. Asked if there weren't any other available lots for thi type of zoning. Gary Pitschka stated he was against the rezoning for the same reasons that the North Shore Homeowners Association were against the Almac Rezoning. Feels that there would be additional traffic on Highway 13. Also felt that the people in Prior Lake do not want apartment buildings and that only a few parties would benefit from the buildings. Chariman Thorkelson stated that this plan meets the housing needs of the city. The subdivision hearing was called to order at 8:15PM. Steve Johnson of Dutch Avenue felt that not enough notice was given to the surrounding property owners. Would like to see the public hearing delayed unti he had a chance to get together with his neighbors. A petition was then submitted to Chairman Thorkelson oppoing the fourplexes and apartment buildings. Planner Graser then gave staff's recommendation on the parcel which was to approve lot 11, block 1 as R -3 and issue a conditional use permit to the fourplex lots. This plat has the benefit of being isolated due to topography. Commissioner Fitzgerald asked how the area across Cates Street came to be zoned R -3. Chairman Thorkelson explained that Holly Court was rezor last winter. The question was then raised of how will the land south of Cates Street remain R -1, are there any assurances that can be made to keep this land R -1. Planner Graser stated no, there were no safeguards. Commissioner Fitzgerald stated that he would rather see fourplexes go in than and apartment unit. Commissioner Cavill said that he would like to maintain an R -2 zone with a conditional use permit for the apartment. Planner Graser stated that it should not be construed that the 9 -plex in Holly Court has set the pattern for this rezoning. -2- Motion was made by Fitzgerald to deny the rezoning as set forth because of the R -3 zoning in the middle, lack of control in the R -1 area. Motion v.as seconded by Cavill and upon a vote taken motion failed bacause of lack of majority. Fitzgerald and Cavill voted for the motion, .Johnson and Thorkelson voted against the denial. The discussion was then opened for the subdivision process. The traffic pattern must be worked out with developer and staff. Gary Ptichka asked where Green Heights Trail would come in from the subdivision and felt that there is a definite traffic problem now. Does not think the neighborhood wants any more thoroughfares. Bob Peimer wanted to know who will pay for the road when it goes through. Chairman Thorkelson stated that normally the developer is responsible. Commissioner Cavill suggested that the road tie in with Five Hawks Avenue. This would give the school a secondary access. The Planning Commission then asked staff to do a cost report and feasibility study on the road problems. Motion was made by Cavill to table the subdivision hearing decision until the meeting after the Council decision on the rezoning seconded by Fitzgerald and upon a vote taken motion carried. Next item was a subdivision discussion for Brooksville Center. Planner Graser gave a description of the parcel involved. Mr. Swanson stated that the ten- tative proposal would be a restaurant in lot 1 and the existing driveway would be upgraded. Planner Graser stated that an easement should be incorporated into the subdivision prior to hardshell to Mr. Clausen. Chairman Thorkelson stated that Ron Swanson and Mr. Clausen should work together with staff to figure out a feasible road situation. Motion was made by Fitzgerald to table the public hearing until August 3, 1978 at 9:15 PM seconded by Johnson and upon a vote taken motion carried. Next item on the agenda was a subdivision discussion on the area which is currently the old Prior Lake Drive -In Theatre. Howard Gelb is proposing to subdivide the land and establish a commercial area. Planner Tooker explained how the traffic pattern must develop with existing roads. Planner Graser stated that this traffic pattern be approved whether through condemnation hearings or outright purchase. Motion was made by Cavill that the Planning Commission support the street running from Franklin Trail through Toronto Street for this subdivision `. seconded by Fitzgerald and upon a vote taken, motion carried Next item on the agenda was a variance request for lot 38, Lakeside Park. Presently,: Park Avenue is unimproved. When the road is improved, the opposite side of the road will be condemned. Staff recommended approval of front yard request and denial of side yard because of no hardship involved. Mr. Woodruff stated reasons for placing the garage as such was to save two large maple trees. Motion was made by Cavill to approve the S' front yard setback and 3' side yard setback because of possible destruction of trees and the existing house is set back 7' on the same side. Next item was a concept approval discussion for Mr. Bill Smith. Mr. Smith is planning to build two apartment buildings and 5 townhomes in the area bounded by Credit River Road and fronting Franklin Trail. Mr. Smith then spoke of the plans for the site stating that the driveway maintenance would be a joint responsibility. There would be 62 parking stalls. No garages. Motion was made by Fitzgerald to grant concept approval and schedule a public hearing for the subdivision of this parcel on August 17. 1978 at 8:15 PM seconded by Johnson and upon a vote taken motion carried. This subdivision will be known as Franklin Trail- -3- Estates Next item was a conditional use permit for a halfway house to be located at eq 16090 St. Paul Avenue. It would be for chemically dependent youth. The area is currently zoned R -2, single family and duplex. The On -Belay representatives spoke in their own behalf describing their association. 'Che neighbors from the area were there to air their feelings. Much opposition to the house, reasons ranging from loss of property values in the neighborhood to additional vandalism and noise. Motion was made by Cavill to table the meeting until commissioners and residents who are interested can check out other halfway houses that this organization has in the city. Seconded by Fitzgerald, upon a vote taken motion carried. The meeting will be continued on August 3, 1978 at 9:30 PM. Motion was made by Fitzgerald to adjourn, seconded by Johnson and upon a vote taken the meeting adjourned at 11:10 PM. x CITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSION July 6, 1978 AGENDA: 1. 7:30 P.M. Paula Roberts - Home Occupation Permit - C'. .`.r 2. 7:45 P.M. D. McWilliams - Public Hearing for Rezoning 3. 8:30 P.M. D. McWilliams - Public Hearing for Subdivision 4. 10:00 P.M. Greg Kopishky - Subdivision - Concept Approval S. 10:15 P.M. Jim Johnson - Rezoning Request THE CENTER OF LAKE COUNTRY C I T V OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSION July 6, 1978 AGENDA REPORT 1. 7:30 PM Paula Roberts - Home Occupation Permit - - ' Attached, please find supportive recommendation. 2. 7:45 PM D. McWilliams - Public Hearing - Rezoning Attached, please find supportive materials. 3. 8:30 PM D. McWilliams - Public Hearing - Subdivision Attached, please find supportive materials. 4. 10:00 PM Greg Kopishky - Subdivision - Concept Approval Staff recommends schedualing a public hearing, August 17, 1978 at 7:45 PM. S. 10:15 PM Jim Johnson - Rezoning Request Staff has been emabel to contact him and there- fore is at a loss as to the details of his request. THE CENTER OF LAKE COUNTRY CITY OF PRIOR LAKE, MINNESOTA 55372 PRIOR LAKE PLANNING COMMISSION July 6, 1978 The July 6, 1978 Prior Lake Planning Commission was called to order by Chairman Thorkelson at 7:30 PM. Members present were Commissioners Speiker, Cavill, Fitzgerald and Councilman Busse and City Planner Graser. The minutes of the June 15, 1978 Prior Lake Planning Commission were approved by Speiker seconded by Fitzgerald and upon a vote taken, motion carried. \-' First item on the agenda was a home occupation permit application for Paula Roberts. Building Inspector Gene Newstrom and the Fire Marshall L have both made inspections. The windows must be raised, and enlarged and a smoke detector and fire extinguisher must be installed in order to use the basement as a rental unit. A Mr. Paul Merten was present object- ing to the conditional use because of excess noise and vehicles. Motion was made by Speiker to deny the conditional use permit seconded by Fitzgerald and upon a vote taken motion carried. Next item on the agenda was a public hearing for the rezoning and subdivi- sion of the 100 acre Almac property. The property is located south of County Road 42 and west of Crest Avenue. Planner Graser gave a description and explanation of the area involved. Mr. Jim Hill then stated that the proposal has the opportunity to plan a mixed land and housing use. The four family units would be for sale and rent. Mr. Graser then explained the subdivision of the property stating they would be structured neighbor- hoods. The park dedication was brought up. Mr. Graser stated that all was in order except that the Park Director wished to have a tot lot added to the plat with a walkway to the tot lot to go in between two lots. The meeting was then opened to the public. Mr. Harlan Anderson asked if this were a joint venture between the City and the owner of the property. Chairman Thorkelson explained that city staff and the developer work together from the beginning of the subdivision process. Chairman Thorkelson read a mailgram from Mr. $ Mrs. Zywotko in opposition to the rezoning. Marge Kinney of Shady Beach Trail, a member of North Shore Home Owners read a letter in regard to the rezoning. The main points of objection of the Home Owners were: 1. They would like to see the land stay R -1. 2. Shady Beach Trail not become a through street. 3. Oppose, high density placement. 4. Concerned of park dedication placement. Mrs. Kinney quoted Mr. Graser as saying in the Prior Lake American that the reasons the subdivision of Brooksville Hills Sth was approved were: higher density housing, schools, parks and shopping nearby. THE CENTER OF LAKE COUNTRY These requirements for higher density are not present near the Almac Property. Schools are six miles away, also shopping. Page 26 of the K.. Comprehensive Plan defines low density, R -1 as from under 2 dwellings per acre to 3'2 per acre. Almac's proposal shows S per acre because of the large commercial area. the city has a commitment, as stated in the Comprehensive Plan to restrict both medium and high density to areas near existing commercial centers. Page 14, of the Comprehensive Plan again stated that the area is not suitable for medium or high density. It states (earlier discussions on County Road 42 in both the Eagle Creek and the Scott County plans suggested that this road would serve commercial and high density development but presently the plan for development and the location of existing community services suggest a complete revision of the proposal. The City Council evidently agreed with the City planner. We think this rezoning should also be denied. The Prior Lake Zoning Ordinance defines R -I as suburban residential. Sub Urban literally means beyond the City. The reason we moved is because of the sub urban area. The City has an obligation to the homeowners to keep this area R -1. Prior Lake Zoning Ordinance, Page 20 and 21 list criteria for conditional use permit. One of the criteria stated the proposed use should not involve any element or cause any condition that may be injurious, dangerous or noxious to any other property or person. This should apply to a zoning change. The proposed change would be injurious. Park Plan, page 1 states that major emphasis of earlier study to designate green belt areas. The Comprehensive Plan on page 26 stated that "uncontrolled growth will ultimately eliminate all that is beautiful." The request is inconsistent with the Park Plan, Comprehensive Plan and the Zoning Ordinance. No changes should be made until after the public hearing on the new Compre- hensive Plan. Prior Lake has the least restrictive zoning of any neigh- boring Cities. Different requests for rezonings that were denied in the past were the gas station on Franklin Trail and business on Highway 13 and 42. The commerical area in the proposed subdivision should not be approved. Another point is the traffic congestion on Highway 13. Agrees with Mr. Graser's point in the paper as far as Highway 13 being our lifeline. Also opposed are the fourplexes near Sand Point Beach. Sand Point Beach is defined in the Park Plan as a special use park. A Coney Island type atmosphere could happen with so many people near a park this small. The Comprehensive Plan on page 7 says "the highest and best use of land should be determined by the market. However, no investment s'.:culd be permitted if there is doubt that it may contribute to the ultimate destruction of a valuable community feature." Sand Point Beach is to be protected. Having fourplexes this close to a beach would not be pleas.int for the people using the beach. I question whether the people living in the fourplexes would like it much. No matter what type of development takes place in the Almac area, we are opposed to any road from the development connecting with Shady Beach Trail. In April of 1976, the Prior Lake City Council decided not to make Shady Beach Trail a through street. This street is used for walking and bicycling to the beach. Mr. Hill suggested that most traffic would exit through Crest Avenue instead of Shady Beach Trail. If this is true, then there is no need to open traffic to Shady Beach Trail. I do not believe that this is true. Why would people drive west to go east? Crest Avenue is the only access to Sand Point Beach and the North Shore Crest Area. It is already badly deteriorated from park useage and should be upgraded. The City, at one time considered another entrance to Sand Point Beach. If � this rezoning is approved, the opportunity to provide a safe access to Sand Point Beach is lost. In summary, we request that the Almac property remain R -1. We oppose the placement of high density surrounding Prior Lake's swimming beach. We request that Shady Beach Trail not be made a thru street -3- and that (:rest Avenue be ungraded. The impact of the placement of the park is also a concern. ( At this point petitions were given to Chiarman Thorkelson in opposition to the rezoning.) Mrs. Kinney also stated, "The U.S. Supreme Courtsays that no town is obligated to provide low income or high density housing. The U.S. Supreme Court backed a town that had zoned an entire area exclusively for single family residential on large lots. The court recognized the rights of the town to preserve its quiet, residential way of life. Prior Lake, in following its Comprehensive Plan, is not trying to preserve this entire area for single family homes. It has an R -2 area and an R -3 area. It is trying very hard to provide amenities for all of its population. Parks, green belts, playing fields, provide the amenities to everyone. So it is obvious that the majority of Prior Lake residents do want to retain their quiet way o life. We believe that the Planning Commission and City Council have the obligation to insure that this quiet way of life is maintained for its citizens by retaining the City's R -1 zone as it has been set up through careful planning. The subdivision hearing was called to order at 8:50 PM. Mr. Keith Dickie of North Shore Oaks presented petitions to Chairman Thorkelson. Mr. Gary Zywotko of Shore Trail also submitted petitions. Mr. Don Williams stated that he does not agree with the proposed park dedication. He also felt that residential neighborhoods will be invaded with all night supermarkets. Mr. Williams also could not see buffering a park with duplexes and fourplexes. Dan Stack of Woodlawn Circle stated that sewer and water would not be available to these lots until 1800 according to the Comprehensive Plan. He felt that development should be channeled into already serviced areas. Stated that the Comprehensive Plan guideline says those areas near the lake should be developed slowly. Thinks this would be spot zoning. Does not feel there would be enough parking space for the park. Dan Dahlgren of North Shore Oaks stated that the development was in conflict with the Comprehensive Plan. Does not want growth, moved out here to escape cramped housing. Frank Andersonof Shady Beach Trail feels that the city should have a growth control program. Gary Zyqotko of Shore Trail moved to Prior Lake because of the rural environ- ment. Would like to stay consistent with the rural atmosphere. Gene White of Sycamore Trail represented the Prior Lake Association who had taken a vote objecting to any multiple family dwellings at this site. Vote was almost unanimous in opposition of multiple dwellings from the Association. Dick Marks of 140th Street has seen what has happened in another community with poor zoning. There are few green areas left. The public input part of the meetin was then closed. The developer, Mr. Hill then replied "When we have an opportunity to establish a neighborhood within this much land it would be better than row after row of single family dwellings. The business will be built when there's a demand for it, it cannot be built over night. The fourplex is a dwelling unit that is available to more people today. The location is not improper. This type of dwelling gives an opportunity to more people in the market for a home." Planner Graser stated that the developer came to city staff with certain uses for the property in mind. Staff and developer worked together as much as possible. The area could not be built on without sewer and water. This -4- restricts growth by itself. Shady Beach Trail should be extended - it is too long for a cul -de -sac. The Metro Council demands a housing mix. With high density housing, there are less people per living unit than single family. Traffic will increase mainly because of the Burnsville Shopping Center, Commissioner Speiker felt that this area should be discussed at the public hearing for the Comprehensive Plan. The park was purchased for the area, and should not be used as an attraction for development. Chairman Thorkelson was concerned with keeping the business area in the community center. Planner Graser stated that a commercial center on County Road 42 would be beneficial to the neighborhood if properly controlled. Commissioner Speiker stated that Carriage Hill Road and Aspen Circle could connect and keep Shady Beach Trail a dead end cul -de -sac. Commissioner Fitzgerald stated any subdivision of this nature where land is developed near Sand Port Beach could abuse the Beach. Motion was made by Speaker to deny the rezoning, seconded by eav-11 and upon a vote taken motion carried. Motion was make by Speiker to table the subdivision hearing pending the outcome of the rezoning appeal to the City Council. The meeting would be held after the Council decision at the first available planning commission meeting. The public hearing was then closed to the public at 10:15 p.m. Next item was a subdivision discussion for Grag Kopishky. Motion was made by Cavill to schedule a public hearing for August 17, 1978 at 7:45 p.m. seconded by Fitzgerald and upon a vote taken motion carried. Motion by Fitzgerald to adjourn the planning commission seconded by Cavill and upon a vote taken meeting was closed at 11:15 p.m.