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HomeMy WebLinkAboutDraft Minutes 5-20-13PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, May 20, 2013 1. Call to Order: Chairman Phelan called the May 20, 2013 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners, Roszak, Blahnik, Phelan, Spieler, Planner Jeff Matzke, Project Engineer Seng Thongvanh and Community Development Assistant Peter Aldritt. 2. Approval of Agenda: MOTION BY PHELAN, SECONDED BY BLAHNIK TO APPROVE THE MAY 20, 2013 MEETING AGENDA AS PRESENTED. VOTE: Ayes, Blahnik, Phelan, Spieler, and Roszak. The Motion carried. 3. Consider Approval of April 29, 2013 Meeting Minutes: MOTION BY SPIELER, SECONDED BY BLAHNIK TO APPROVE THE APRIL 29, 2013 MEETING MINUTES. VOTE: Ayes, Spieler, Phelan, Blahnik, and Roszak. The Motion carried. 4. Public Hearings: A. _DEV -2013-0006 Heritage Landing 21d Addition Combined Preliminary/Final Plat and P.U.D. Amendment. Tradition Development is proposing an amendment to the Heritage Landing PUD to re -plat 7 attached lots to 5 detached lots. The subject property is located in the south east part of Prior Lake, west of County Road 23 east of Turner Drive and south of T.H. 13 off of Heritage Lane. Planner Matzke presented that Tradition Development has applied for approval of a major amendment to the Planned Unit Development (PUD) known as Heritage Landing and approval of a Combined Preliminary & Final Plat to be known as Heritage Landing 2nd Addition. The area of consideration for the major PUD Amendment and Preliminary/Final Plat applies to remaining vacant townhome lots of Heritage Landing. The site is located south of 170th Street and north of Crystal Lake. The applicant plans to re -plat the remaining 7 lots into 5 detached single family lots. The Heritage Landing Homeowners Association does have some convents, however the city does not govern that convents. Commissioner Questions: Spieler asked if this the same builder as the previous addition? Planner Matzke responded yes. Spieler asked if the property to the west is the same development? Planner Matzke responded that it is Hickory Shores development with D.R. Horton. Spieler asked who maintains and pays for the common area? Planner Matzke responded that the common area is managed by the Homeowners Association and each property pays dues. Blahnik asked whether the setbacks will remain the same? Planner Matzke responded yes. Blahnik asked if the impervious surface is being reduced? Planner Matzke responded yes it will be reduced, mainly because of the elimination of the 2 units. Blahnik asked about the specific setbacks between the detached units. Planner Matzke responded that the approved building to building setback is 20 feet. It is standard to have 10 feet to each property line and 20 feet between buildings. Phelan asked if the proposed footprint of the houses on the lakeside are closer than the others? Planner Matzke responded yes, but they still meet the setback. Phelan asked whether the watershed district was informed of this project? Planner Matzke responded yes; referral notices are sent to the surrounding agencies Phelan asked if there an increase of common area going from 7 to 5? Planner Matzke responded that the common area is remaining the same. There is no net change in common area. Phelan asked if there other areas in town that have gone through similar changes and have mixed attached and detached homes? Planner Matzke responded yes. However, the city does not regulate the architectural standards that specifically, which is more for the homeowners association to regulate. Applicant Rob St. Sauver, Tradition Development. Presented on the history of the development and Tradition as a company. One of reasons of going from attached units to a single family unit is it is very difficult to get financing for a 3 or 4 unit building. The banks do not like to finance the larger complexes. The other factor going to a single family is that Tradition has found that the market demand is not there for 3 or 4 units, but single family is in demand. 2 Tradition has selected a local custom builder to build the homes. The architectural design and exterior materials will be matched as close as possible. Roszak asked whether all the buildings will be built at the same time? Applicant St. Sauver responded no; the builder's intent is to build a model and then build as sales arise. Roszak asked whether the lots could be sold individually? Applicant St. Sauver responded no; the lots would be sold with a structure planned to be built. The selected builder would sell the lot with a home to be built on it. The lots will not be sold to individual builders/buyers. Blahnik asked about the current unit occupancy. Applicant St. Sauver responded that of the 33 units, 7 are not built; 26 out of 26 are occupied. Blahnik asked is this change based on a lack of demand of townhomes? Applicant St. Sauver responded yes; the market is looking for single family homes. MOTION BY PHELAN, SECONDED BY BLAHNIK TO OPEN THE PUBLIC HEARING AT 6:30 PM. VOTE: Ayes, Phelan, Spieler, Blahnik, and, Roszak. The motioned carried. Laurie Hartmann President of Heritage Landing Homeowners Association (4101 Heritage Lane) stated that 67 percent of the homeowners must approve any changes to the development plans. The board has not had a meeting on this topic yet. The meeting is planned for June 3�d. The board recommends that the commission table any decisions until the homeowners association can vote on the topic. Lori stated her personal opinion that she is not in favor of the PUD amendment and believes that there is a market for attached housing. The Hickory Shores development which abuts the property is putting up multi -family housing and has been doing very well. The reduction of units will directly affect the existing community. The reduction of units result in an increase of fees to cover the lost revenue. Phelan asked about the townhome units in Hickory Shores. Hartmann responded that all of the units next to Heritage Landing are multi -family. Sean Wagstaff (4061 Heritage Lane) asked if there will be a tax increase to the homeowners? Planner Matzke responded that there is an additional cost due to stormwater changes. This will be covered by the developer. There will not be any additional costs to the homeowners. Wagstaff asked does this decrease tax base? Planner Matzke responded that it depends on how each unit is taxed; the county handles the taxation. Wagstaff stated there would be a loss of revenue for the homeowners association since there would be less units contributing. Dave Warford (4719 Heritage Lane) stated he wanted to emphasize that they do not want a second bankrupt builder to drop the development. This should be approved by the planning commission only if the homeowners association approves the plan and if the contractor submits to a start and stop date, to insure that there is a plan to build out the neighborhood. Bruce Johnson (4053 Heritage Lane) stated there needs to be cohesiveness in the development. The similar size and architectural design should be matched. The single family look would add excitement to the development. There needs to be assurances that they will build out the development not just build one or two and not finish it. At this point it is good that it is the same developer that is familiar with the development. Mike Scott (4025 Heritage Lane) stated there will be lost revenue due to less units that need maintenance. What is the takedown schedule? Applicant St. Sauver stated there is a minimum of 3 lots that need to be purchased and built. Scott asked if Tradition is willing to make a commitment that if Wensco does not build the homes, then Tradition will be willing to build them out? He said that empty lots do not do anything for the development. There hasn't been development since 2005 and the lots a need to be built. There will always be the risk of the market but this is the original developer and has the best interest for the community. Julian Davis (4057 Heritage Lane) stated his concerned about the esthetics of the community and the overall fit the proposed homes in the area. He asked whether the wall behind the lake lots needs to be moved? Planner Matzke responded the back property line will not change. The building will get closer to the interior space but will not exceed the line. The deck will be tucked around the yard, and the wall will not be moved. Davis asked whether they plan to sell these units or are they planned for rentals. Blahnik asked what is the count of the rental units in the development? HOA President Hartmann responded there are 7 units that are rentals. Blahnik asked on the vote of the homeowners association, how is that tallied? President Hartmann responded that the ballot states whether the bylaws should be amended to allow for the change; each lot has a vote. 0 MOTION BY PHELAN, SECONDED BY SPIELER TO CLOSE THE PUBLIC HEARING AT 6:55 P.M. VOTE: Ayes Phelan, Spieler, Blahnik. Roszak. Motion carries. Phelan asked the applicant to expand on the take down. Applicant St. Sauver responded the plan is for Wensco to purchase 3 lots, build a model and sell out of that. All units will be owner occupied. Blahnik asked what is the demand of attached townhomes? Applicant St. Sauver responded that if a multi -family unit were to be built, it would have to be built a Ilot cheaper and could not match the value that the other units have in the community. Roszak asked about the market value of the proposed and existing units. Applicant St. Sauver responded that the existing units are at low $300,000; the initial estimate for the proposed is $380,000-$425,000. He stated they would rather sell 7 lots verses 5, but the market is not there. Roszak asked whether his company owns 9 of the units? Applicant St. Sauver responded that they own the 7 lots and a group of investors with Tradition own 9 units as rental units. Spieler asked whether the developer can build without HOA approval? Applicant St. Sauver responded no. Spieler, asked if the units owned by Tradition are being marketed for sale? Applicant St. Sauver responded yes, but have not been marketed aggressively. Spieler asked whether the single family homes are estimated to sell faster than the multi- family? Applicant St. Sauver responded yes. Spieler asked whether Tradition can get funding for townhomes without a national builder? Applicant St. Sauver responded no. Phelan asked whether the undeveloped lots count as votes? Applicant St. Sauver responded yes. Phelan asked if the commission moves forward with approval or conditions of approval and the Homeowners Association did not approve the change, can the developer still move forward. Planner Matzke responded the Planning Commission could recommend approval, but if the Homeowners Association does not approve the change then the development cannot move forward. The association covenants can be more restrictive than city regulations but cannot be less restrictive. Blahnik asked on behalf of the concerns of the residents,if the model were to be built and then none of the others were to be built. Is it possible to build all 5 at one time? Applicant St. Sauver responded that it is possible, but it would take a very large amount of capital to do that; it just is not feasible at this time. That is why we are going through this change, because they feel that the single family homes will go faster than the multi -family. Phelan stated if the builder constructs units on three lots and then cannot finish the others, is Tradition willing to build the last 2 homes? Applicant St. Sauver responded that Tradition is committed to the development; it is the intent that Tradition will build them if necessary. Phelan stated for the record that it is a choice to go to the single family style; there is market demands for both types of units. Spieler stated the discussion tonight has been very good. It is understood that this is already a great development and that ideally it would be filled out with a multi -family design. However, times change and the market changes. It is appreciated that the HOA has a vote in this. He stated his support for the project and would like to see the developer work very close with the HOA to match the neighborhood. Roszak stated his support contingent on the approval of the Homeowners Association. The intent of the developer is to work with the HOA, and the homes that go up should closely match the neighborhood. Blahnik stated it would have been nice to have already had the HOA meeting before tonight. It is good to hear that a local builder has been selected. There are concerns that the first house is built and the others are not. Personal preference and recommendation is to table the decision tonight until the Homeowners Association has had a chance to meet on the issue and make a decision. Phelan expressed his support to table the decision to the next available meeting after the Homeowners Association has met. At this current stage he did not feel comfortable moving forward with the project until there was greater feedback from the Homeowners association. He asked whether the Homeowners Association is willing to do whatever is possible to move the meeting up; it would be nice not to burden the developer and keep this project moving. Spieler stated he agreed with Phelan to table the decision until the next meeting and have feedback from the HOA by then. Phelan stated that this is the official public hearing the next meeting will not have a public hearings and there will not be mailed notices sent to the residents. He recommended that the home owners watch the paper and the City's website for updates. Blahnik asked if it is possible for the Homeowners Association to move the meeting? President Hartmann stated the ballots need to be submitted by June 5th; it is possible to get an earlier meeting. MOTION BY BLHANIK SECOND BY PHELAN TO TABLE ITS DECISION OF THE PUD AMENDMENT AND COMBINED PRELIMINARY AND FINAL PLAT TO THE JUNE 3RD PLANNING COMMISSION MEETING. VOTE: ,Ayes Phelan, Blahnik, Spieler, and Roszak. The motion carried. B. DEV -2013-1013 Teresa's Mexican Restaurant C.U.P. Amendment Felipe Mata on behalf of Teresa's Mexican Restaurant is requesting an amendment to the existing Conditional Use Permit for a restaurant which serves liquor in the C-2 (General Business) Zoning District. The request is to allow for the expansion of the current restaurant. The subject property is located in the Crossroads Shopping Center west of T.H. 13 east of Timothy Ave and south of County Road 42. Planner Matzke presented Teresa's Mexican Restaurant has been open for five months and now wishes to expand their business. The applicant is pursuing an amendment to their existing Conditional Use Permit to allow expansion of the dining room and storage room areas. Arturos LLC, on behalf of Teresa's Mexican Restaurant, has applied for an amendment to the existing Conditional Use Permit for a restaurant which serves liquor in the C-2 (General Business) Zoning District. The request is to allow for the expansion of the current restaurant. The subject property is located at 6880 Boudin Street within the Boudin Crossings Center; west of T.H. 13, east of Timothy Ave. and south of County Road 42. Section 1102.1100, C-2 General Business Use District of the Prior Lake Zoning Ordinance, states that "Restaurants and Clubs and Lodges with Liquor" require a Conditional Use Permit as further identified in Section 1102.1103(5). This section includes conditions that must be met. The City Council granted an On -Sale Intoxicating and On -Sale Sunday Licenses to Teresa's Mexican Restaurant on October 22nd. The Planning Commission approved the Conditional Use Permit to allow a restaurant with liquor in the C-2 (General Business) Commercial Zoning District on November 5, 2012. Staff has looked significantly at the parking situation by observing at busy times during the week and weekends. The parking does seem to be sufficient. The lot is full will handle the additional traffic. Some additional signage could be added to direct traffic better. Commissioner Questions: Phelan stated he will be refraining from item 4B since he lives within in the effective area. 7 Blahnik asked just the expansion of the space is changing, not hours or alcohol use ect.? Planner Matzke responded yes just the space will be changing. Spieler asked has the parking on the streets behind the site been an issue? Planner Matzke responded not that the City has been aware of. Timothy Ave only has parking on one side of the street. Spieler asked will noise levels be greater with this expansion? Planner Matzke responded he personally has not heard as many complaints on noise but hasn't had a chance to talk with the code enforcement officer. Roszak asked whether this is in compliance with the current parking ordinance? Planner Matzke responded yes. Roszalk asked are there parking agreements? Planner Matzke responded yes they could submit parking agreements if the uses got to that level that there was a need. Staff did consider it but decided at this time it was not necessary. They could submit a parking agreement to the Zoning Administrator and it would be a recorded document. MOTION BY BLAHNIK SECOND BY SPIELER TO OPEN THE PUBLIC HEARING AT 7:40 PM VOTE: ,Ayes Roszak, Spieler and Blahnik. The motion carried. Applicant Jean Happe presented on the parking we have done counts over the past couple of months. The smallest number of spots that we found to be open was 28 on a Friday and Saturday night around 6:00. The majority of the spaces that were open were at the north lot. There were only 4 spots open in the main lot. When Teresa's first opened there were issues of parking off site. Signage was put and since that there has not been any other issues. Better signage has also been put in place to direct traffic to the north lot. Blahnik asked has there been complaints from the other tenants about parking. Applicant Happe responded no. Spieler asked is the extra space for larger parties? Applicant Happe responded yes; the room is for larger groups or family gatherings. Blahnik asked what is the estimated time of the build out? Applicant Happe responded in about the next 30 days. Ron Wiese (6830 Boudins St.) stated Teresa's is a great restaurant. There is a parking problem though, people are parking on the street. If the restaurant expands 54 seats that will bring a lot more cars. Blahnik asked where is the signage for the additional parking? Planner Matzke responded there are signs at the entrances, one on the south entrance and on the main entrance in the front of the lot that directs traffic for additional parking. Blahnik asked when did the signs go in? Applicant Happe responded right after they opened. Sandy Wright (14300 Timothy Ave) stated she has not noticed overflow parking on Timothy but there has been over flow on Boudins St. She is concerned with the increased use of Teresa's. Roszak asked how often do the maintenance people park on the street. Wright responded a few times, more often in the summer MOTION BY BLAHNIK SECOND BY SPIELER TO CLOSE THE PUBLI HEARING AT 8:00 P.M. VOTE: Ayes Spieler, Roszak, Blahnik. The motion carried. Spieler stated there has been good feedback. If on the busy times there are still 28 openings then the parking planning has been very good. At the high times it will be more difficult to find spots but that is normal. Once the signage was in place it seems to be working. He will be in support of the amendment. Blahnik stated support for the project. It is nice to hear that the restaurant is doing well. It does seem that the parking is sufficient. The expansion is consistent with the Comp Plan and zoning ordinances. It does not appear that adding this use will adversely impact the neighboring areas. Roszak echoed his fellow commissioners and stated his support for the project. The parking is adequate. MOTION BY BLAHNIK SECOND BY SPIELER TO APPROVE THE AMENDMENT TO THE C.U.P. FOR TERESA'S RESTAURANT. VOTE: Ayes, Blahnik, Spieler, and Roszak. The motion carried. 5. Old Business: None N 6. New Business: A. Consider a request to initiate the review of amendments to section 1102.1103 (SUBD. 3 MOTOR VEHICLE SALES) of the Prior Lake Zoning Ordinance. Planner Matzke presented the purpose of this agenda item is to consider a request for the Planning Com -mission to initiate the review of amendments to Section 1102.1103 (Subd. 3 Mo -tor `Vehicle Sales) of the City of Prior Lake Zoning Ordinance. A local auto dealership is looking to expand its use onto adjacent vacant lot. He presented on the current ordinances and how they relate to motor vehicle sales. Commissioner Questions and Comments: Roszak asked who is the applicant? Planner Matzke responded Velishek Auto. Blahnik stated this is a good idea to look at some of these ordinances. He stated his support. Phelan stated his support it is a good idea. MOTION BY PHELAN SECOND BY ROSZAK TO RECOMMEND THE INITIATION OF THE REVIEW OF AMENDMENTS TO SECTION 1102.1103 (SUBD. 3 MOTOR VEHICLE SALES) OF THE CITY OF PRIOR LAKE ZONING ORDINANCE. VOTE: Ayes, Phelan, Roszak, Blahnik, and Spieler. The motion carried. B. DEV -2013-0007 Bluffs of Shady Beach Concept Plan. Greg Schweich on behalf of Copper Creek Development is proposing a concept plan for a P.U.D. development consisting of 23 lots on an 13.09 acre parcel. The subject site is located south of County Road 42 north of Shady Beach Trail between Birchwood Ave and Meadow Ave. Planner Matzke presented the purpose of this agenda item is to consider a request for the Planning Com -mission to authorize the City staff to accept and process an application for a Preliminary PUD Plan for a project less than 10 acres. Greg Schweich on behalf of Copper Creek Development is proposing a concept plan for a P.U.D. development consisting of 23 lots on an 8.09 acre parcel to be known as the "Bluffs of Shady Beach". The subject site is located south of County Road 42 north of Shady Beach Trail between Birchwood Ave and Meadow Ave. Phelan asked what are the letter designations on the lots shown on the plan? Planner Matzke responded they are for the different home styles. Phelan asked what are the lot size and setback variations that are being asked for? Planner Matzke responded that the only reduction is lot width and size. There does not look to be any setback changes. 10 Phelan asked what are the anticipated lot widths and lot sizes? Planner Matzke responded lot width are down to a minimum of 65 feet and lot size is down to 8,750 square feet. The current standard lot widths and size are 86 feet and 12,000 square feet Applicant Greg Schweich (4332 Watersedge Trail) presented he met with staff last fall on how to best develop this site. He suggested that a variance from the subdivision would be an option due to the topography of the site. The PUD was suggested to provide benefit to the city of stormwater and street improvements and allow the site to be better developed. The ordinance does not allow for a parcel under 10 acres to be developed as a PUD. A variance would need to be granted to pursue the PUD plan. Roszak asked are there any other variances that would be requested? Applicant Schweich responded there will not be an impervious surface variance there may be a side yard setback variance needed. Blahnik stated his support for the project at this point being that it is just a concept plan. Phelan stated he suggests that the applicant look at increasing the lot sizes and widths. Sometimes developers try and squeeze too many lots on a parcel. It would be recommended that if there is a need to deviate from the standard ordinances that they would be as minimal as possible. MOTION BY BLAHNIK SECOND BY ROSZAK TO APPROVE A RESOLUTION AUTHORIZNG THE CITY STAFF ACCEPT AND PROCESS AN APPLICATION FOR A PRELIMINARY PUD PLAN FOR A PROJECT LESS THAN 10 ACRES VOTE: Ayes, Phelan, Blahnik, Roszak, and Spieler. The motion carries. 7. Announcements and Correspondence: A: Recent City Council Discussions/decisions Planner Matzke presented the Watersedge Trail variance application has been appealed to the City Council; the Council is still considering the Downtown South Study. 8. Adjournment: MOTION BY PHELAN, SECONDED BY BLAHNIK TO ADJORN THE MEETING. VOTE: Ayes, Roszak, Phelan, and Blahnik. The Motion carried. The meeting adjourned at 8:30 p.m. Peter Aldritt, Community Development Assistant 11