HomeMy WebLinkAbout3 - Aug 5th Meeting MinutesPRIOR LAKE PLANNING COMMISSION MINUTES
MONDAY, August 5, 2013
1. Call to Order:
Vice Chairman Roszak called the August 5, 2013 Planning Commission meeting to order at 6:02 p.m. Those present
were Commissioners Roszak, Spieler (arrived at 6:23), Blahnik and Hite, Assistant City Attorney Sarah Schwarzhoff,
Planner Jeff Matzke, Community & Economic Development Director Dan Rogness, Engineer Seng Thongvanh,
Engineering & Building Inspections Director Larry Poppler, Public Works & Natural Resources Director Katy Gehler
and Community Development Specialist Casey McCabe.
2. Approval of Agenda:
MOTION BY HITE, SECONDED BY BLAHNIK TO APPROVE THE AUGUST 5, 2013 MEETING AGENDA.
VOTE. Ayes, Blahnik, Hite and Roszak. The Motion carried.
3. Consider Approval of July 15, 2013 Meeting Minutes:
MOTION BY HITE, SECONDED BY BLAHNIK TO APPROVE THE JULY 15, 2013 MEETING MINUTES.
VOTE: Ayes, Hite, Blahnik and Roszak. The Motion carried.
4. Public Hearings:
A. DEV -2013-0009 Hickory Shores South Preliminary Plat. D.R. Horton is proposing a Preliminary Plat & Flexible
Development in a High Quality Natural Community Area for 34 single family lots on 27.3 acres in the R-1 (Low Density
Residential) Use District. This property is located on the south of Turner Drive and the Hickory Shore Development,
east of Reed Way and the Maple Glen Development, and west of Rice Lake.
Planner Matzke presented staff's report noting in 2007 the City Council approved a preliminary plat known as Golden
Pond for the same site. At the time of proposed development in 2007, the flexible development plan, Section 1106A
of the zoning ordinance, was not yet adopted by the City Council but was under consideration. Mr. Matzke provided
an overview of the proposed development including the amount of residential lots, streets, utilities trail connections
and parkland dedication.
Planner Matzke stated the average lot size is 15,000 SF and applicant is requesting 7.5' side yard setbacks. Some
of the lot sizes, which are below ordinance standards, are being requested as part of the flexible development The
developer is proposing to construct the project in two phases; a north phase and a south phase. The first phase
which would connect Turner Drive from Hickory Shores to Maple Glen and thirteen residential lots are anticipated this
fall.
Planner Matzke reviewed the Natural Resource Map, adopted into the Comprehensive Plan in 2007, which envisions
forests, shrubs, wetlands and other natural areas of significant value to the City. The applicant is proposing to
preserve wooded areas identified on the Natural Resource Map.
Planner Matzke provided an overview of the flexible development in areas with high and moderate quality natural
communities. A Maple Basswood Forrest exists in the subject area. The developer is proposing to dedicating outlots
to the City to conserve the Maple Basswood Forrest area as well as preservation of 14 heritage trees.
Engineer Thongvanh: reviewed grading, storm water and utility plans, wetland impacts and the proposed street
connections. Mr. Thongvanh added the wetland delineation has been approved by the TEP panel. The developer is
proposing to install a connection to Wedgewood Lane to the south. The city is recommending the connection is made
to provide better emergency access and residential access to the subdivision. Township approval is required to make
this street connection.
Planner Matzke: added there remains some minor comments that need to be worked out prior to project. The main
comments noted on PUD application for this development have been addressed. The applicant is not pursuing a
PUD because they have changed the design to meet the 30 percent impervious requirement and are instead are
applying the flexible development ordinance to the development. The proposed lot layout mirrors the previous Golden
Pond development and does not impact wetlands as previously proposed with Golden Pond and the open space
areas have been increased from the previous 2007 proposal. Staff recommends approval of the Preliminary Plat
contingent upon the minor staff comments noted.
Engineer Thongvanh added that as a condition of plat approval, staff will request access to a parcel east of this
development which will become landlocked as a result of the proposed development.
Commissioner Comments/Questions:
Hite asked for clarification regarding why the City would build a street connection to Wedgewood Lane during Phase
11 construction but would delay use of the connection until 80-90 percent of the homes are developed.
Engineer Thongvanh stated that if the connection was made, barriers would be installed to keep vehicles and
construction traffic from using the access to the south. Staff does not anticipate traffic from this development going
south, the primarily purpose of the connection is to provide access to the residents on Wedgewood Lane.
Blahnik asked for clarification regarding the proposed 43 percent of development which is to be preserved. Does
preserved mean this area will remain untouched during development or restored after development?
Planner Matzke responded these areas will be preserved in their natural state. Some minor grading may occur on
the outlot and parkland areas. The 43 percent preservation area is exclusive of streets and private Pots.
Blahnik asked if it is because this substantial space is preserved that there is flexibility given to interior side yard
setbacks.
Matzke responded that is one of the criteria used, others are for the preservation of heritage trees and wooded areas
that will be protected in a City owned outlot.
Blahnik asked if the 7.6 foot side yard setback is the only variance requested.
Matzke responded that some of the lot widths are also less than the 86 foot requirement.
Spieler arrived at 6:23 p.m.
ON
MOTION BY ROSZAK, SECONDED BY BLAHNIK TO OPEN THE PUBLIC HEARING AT 8:24 P,M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak, The motioned carried.
Public Comment:
Mike Suel, on behalf of applicant D.R. Horton Homes stated he, as well as Ron Mullenbach, are available to
answer questions.
Blahnik asked Mr. Suel to address the 43 percent of property they intend to preserve and to clarify if the preservation
area is it subject to grading and restoration.
Suel responded the wetland areas and storm water ponds are included in the preservation area. The storm water
ponds and possible trails are the only areas where grading is anticipated.
Hite asked the developer for their reason to phase the project.
Sue[ responded that it is late in the year and they anticipate completing Phase I this year. Phase 11 will be completed
next year.
Tim Kvidera, 17776 Wedgewood Lane commented that this was a similar proposal to the one reviewed six or seven
years ago. The most significant difference is the loss of ten more heritage trees from the previous proposal. Mr.
Kvidera commented on the expectation to have access to Wedgewood Lane. Mr. Kvidera stated the discussions
surrounding access to Wedgewood Lane were no more than a passing comment from an engineer at Township Board
meeting and there is no guarantee of access on Wedgewood Lane. Mr. Kvidera stated his property is on the low end
of the development and is concerned about drainage. Mr. Kvidera noted the plans show Lot 1, Block 5 has diverted
water from the north toward the wetland and now runs west toward his property.
MOTION BY SPIELER SECONDED BY BLAHNIK TO CLOSE THE PUBLIC HEARING AT 6:33 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Commissioner Comments/Questions:
Blahnik asked why the heritage trees were reduced from 24 to 14
Suel stated the original Golden Pond plan did not work from an engineering standpoint, Six of the lots were proposed
as slab on grade and city requires a basement. As adjustments were made to the original Golden Pond plans the
developer was not able to save all of the trees. The developer is currently proposing to remove the grove of trees
between Maple Glen and Hickory Shores as part of the park design; there may be an opportunity to keep some
additional trees in the parkland if the city desires.
Blahnik asked Mr. Suel to respond to comments raised by Mr. Kvidera related to drainage and access.
Suel stated the developer will work with their engineers to put a swale back in the plan to hold the water on the
developers property, Mr. Sue] also stated, in regards to the access on Wedgewood Lane, that the developer is
comfortable with having a cul-de-sac or thru street on the property and they will leave it to the two government entities
to sort out.
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Blahnik stated he is in favor of the preliminary plat subject to reinsertion of the swale as indicated. 43 percent of the
development is being preserved. The proposed front and rear setbacks are in compliance with City ordinances; the
interior side yard setbacks is a slight variance.
Spieler does not foresee any major issues. Would like to include the swale language in the resolution. Will support.
Hite asked is staff satisfied with the grading, landscape and wetland plans to ensure the drainage plan is adequate
to control water runoff.
Engineer Thongvanh reviewed the grading plan and responded the developer is proposing to install catch basins
and drain from the rear yards to the street.
Hite stated that with staff's report, the testimony that has been given and the responses to the questions raised during
the meeting, will support the application subject to the developer refining the plans to assure compliance with the
public works design manual and the requirements with city zoning ordinances.
MOTION BY HITE SECONDED BY BLAHNIK TO RECOMMEND APPROVAL OF A PRELIMINARY PLAT AND
FLEXIBLE DEVELOPMENT PLAN KNOWN AS HICKORY SHORES SOUTH SUBJECT TO A REVISED DRAINAGE
PLAN,
VOTE: Ayes by Blahnik, Phelan, Spieler, Roszak and Hite. The motion carried.
B. DEV -2013-102516661 Highway 13 Conditional Use Permit & Variance. Velishek Auto Sales has applied for a
Conditional Use Permit to allow Motor Vehicle Sales in the C-2 (General Business) Use District. The property is
located at the southeast intersection of Franklin Trail and Highway 13. A 10 foot variance from the required parking
setback is also requested.
Director Rogness presented staff's report and an overview of the requested conditional use permit and variance.
Mr. Rogness reviewed the site plan, access, proposed parking, and storm drainage system. As a condition of
approval, staff is recommending the closure and removal of the access point along Franklin Trail. The conditional
use permit criteria were reviewed and Mr. Rogness referred to the sixteen proposed conditions of approval; twelve of
which are included in Section 1102.1103 Subd. (3) of the zoning ordinance which was recently amended by the City
Council. Four additional conditions related to paving of parking and driving surfaces, meeting the requirements of
engineering memorandum, applicant requirement to record the conditional use permit within 60 days, and obtain
required permits from applicable agencies were also reviewed.
Director Rogness reviewed the variance criteria. Mr. Rogness noted the variance request for a reduced parking
setback along the southern property line of the subject parcel, the common lot line between the two parcels, is required
because the two parcels will have separate ownerships but will be joined together as one business operation. Mr.
Rogness stated staff recommends approval of conditional use permit and variance requests subject to the conditions
listed.
Commissioner Comments/Questions:
Spieler asked if there were any plans to combine the two lots into a single ownership in the near future. Mr. Spieler
also asked about the landscaping plans to ensure they were in compliance with city requirements.
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Director Rogness responded the applicant would be better able to respond to the question regarding combining the
two lots into a single ownership. The landscaping plans have been submitted and reviewed by staff and fulfill the
city's requirements.
Spieler asked if there any concerns with runoff with the additional cars or oil running into the sewer system or ditches.
Engineer Thongvanh responded the city is requesting additional information on design of the infiltration area and
additional water quality information.
Spieler confirmed this will be required prior to constructing the lot.
Engineer Thongvanh responded yes.
Hite asked for clarification on the access points on Park Nicollet Avenue, if they are existing or proposed, and if they
would both remain.
Director Rogness responded there are two access points on Park Nicollet Avenue and both would remain.
Hite confirmed the city was comfortable with the access points and circulation when the two parcels are combined.
Engineer Thongvanh responded the only requirement of second access is that is is built to commercial standards.
MOTION BY HITE, SECONDED BY SPIELER TO OPEN THE PUBLIC HEARING AT 6:51 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Public Comment:
Applicant Tim Velishek, Vice President of Velishek Auto Sales,16661 Hwy 13 South stated they are looking to
improve the adjacent lot and use the space for vehicle display as the business is currently crowded and additional
space would be beneficial. Mr. Velishek stated his father currently owns one lot and the dealership owns the other;
it is anticipated they will merge the lots at some point in the future.
Blahnik asked about the landscaping plans.
Velishek stated they plan to install shrubs around perimeter which will exceed the city requirements.
Blahnik asked about the timing of the project.
Velishek responded they would like to have the project completed this year if possible and it is dependent on the
availability of contractors.
MOTION BY SPIELER, SECONDED BY HITE TO CLOSE THE PUBLIC HEARING AT 6:55 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Commissioner Comments/Questions:
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Spieler has no major comments, f=eels this is a good idea to combine the lots and it will help the appearance. Mr.
Spieler supports moving forward assuming the engineer comments are addressed prior to the project moving forward.
Hite supports both requests for conditional use permit and variance. Ms. Hite finds the plan is consistent with
comprehensive plan, it is a use which exists immediately adjacent to the auto dealership, the use will not provide any
adverse impacts to the surrounding neighborhoods or enjoyment of other properties.
Blahnik will be supporting both requests. It makes sense to expand onto the vacant lot. City ordinances did not
contemplate two lots adjacent to each other and operating the business on two separated lots does not make sense.
Practical difficulties exist for applicant.
Roszak supports both the conditional use permit and the variance. Mr. Roszak feels this is a good use for the
property. Echoes fellow commissioner's comments.
Assistant City Attorney Schwarzhoff asked for a clarification on the conditional use permit. During staff's
presentation, staff mentioned an additional condition that the Franklin Trail access be closed and noted that condition
should be included in the written resolution if recommended by the Planning Commission.
MOTION BY BLAHNIK, SECONDED BY HITE APPROVE THE CONDITIONAL USE PERMIT TO ALLOW MOTOR
VEHICLE SALES IN THE C-2, GENERAL BUSINESS USE DISTRICT SUBJECT TO THE CONDITIONS
DELINEATED BY STAFF AND THE CLOSURE OF THE ACCESS POINT ON FRANKLIN TRAIL,
VOTE: Ayes by Blahnik, Phelan, Spieler, Roszak and Hite. The motion carried.
MOTION BY BLAHNIK, SECONDED BY HITE TO APPROVE THE REQUESTED VARIANCE FROM THE MINIMUM
REQUIRED PARKING SETBACK IDENTIFIED IN SUBSECTION 1102.1106 OF THE PRIOR LAKE ZONING
ORDINANCE FROM TEN (10) FEET TO ZERO (0) FEET.
VOTE: Ayes by Blahnik, Phelan, Spieler, Roszak and Hite. The motion carried.
C. DEV -2013-1024 4653 Lords Street Variance, Tom Klima is requesting a variance from the lake setback to
construct a single family residential home in the R-1 (Low Density Residential) Use District. The property is located
along the western shores of Lower Prior Lake, east of Edgewater Circle.
Director Rogness provided staff's report noting the minimum setback from the ordinary high water mark is 75 feet.
The Shoreland district does allow for averaging of setback with adjacent structures but can be no less than 50 feet.
The applicant intends to remove the house and retain the foundation as is or reconstruct on the foundation in its
existing location. The house is a single story and will be constructed as a one and one-half story. The applicant
would retain an existing deck and accessory structure as well as add a three car attached garage. The only variance
being requested is from the lakeshore setback; all other setbacks meet city standards. Mr. Rogness reviewed the
variance criteria.
Commissioner Comments/Questions:
Spieler asked if the applicant will install a new curb on the cul-de-sac when the existing driveway is removed.
Director Rogness responded a new curb is required and will be responsibility of the property owner.
Spieler asked about the timing of the curb installation.
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Engineer Thongvanh responded the driveway will likely be removed after construction because it may be used as
a construction access point.
Blahnik confirmed the existing lakeshore setback will not change as a result of this project.
Director Rogness responded staff has been informed they propose to use the existing footprint.
MOTION BY SPIELER SECONDED BY HITE TO OPEN THE PUBLIC HEARING AT 7:06 P.M.
VOTE: Ayes, Hite, Spieler, Phelan, Blahnik and Roszak. The motioned carried.
Public Comment:
Blahnik asked the applicant if he is proposing to use the same footprint as the existing house.
Applicant Tom Klima, 8056165th Street E answered they propose to use the exact same footprint and the intent is
to use the same footings unless issue with foundation or footings are found.
Blahnik stated it appears the applicant will be maintaining the existing deck.
Klima responded, yes.
MOTION BY HITE, SECONDED BY SPIELER TO CLOSE THE PUBLIC HEARING AT 7:08 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Commissioner Comments/Questions:
Hite finds practical difficulties exist due to the unique nature of the property with irregular shape and size, narrow
depth of the house and reuse of the existing foundation. The applicant is not increasing any existing nonconformities.
Ms. Hite recommends approval of the variance subject to the listed conditions.
Spieler agrees with the comments of Ms. Hite. The proposed driveway off the cul-de-sac will help with logistics and
snow plowing. Mr. Spieler supports the request.
Blahnik asked staff if the city would have any liability in the event of a large flood as a result of granting a variance.
Director Rogness responded the applicant will be required to construct the house above the flood protection
elevation.
Blahnik stated practical difficulties exist and he will be supporting the request.
Roszak agrees with fellow commissioners and will be supporting the request.
MOTION BY ROSZAK, SECONDED BY HITE TO APPROVE THE 25.7 FOOT VARIANCE FROM THE REQUIRED
MINIMUM 51.1 FOOT STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER ELEVATION OF PRIOR
LAKE USING THE AVERAGE LAKE SETBACKS OF ADJACENT PROPERTIES.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
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D.DEV-2013-0010 Hafdal Two Addition Combined Preliminary & Final Plat & Variance. Rich Hafdal is proposing a
Combined Preliminary & Final Plat to realign interior property lines on properties at 14183, 14185, 14187 Shady
Beach Trail in the R-1 (Low Density Residential) Use District. The properties are located on the northwest shore of
Lower Prior Lake, south of County Hwy 42. A variance from the required 90 foot lot width on a general development
lake is also requested.
Planner Matzke presented staff's report and provided an overview of the preliminary and final plat request as well as
the three requested variances for the property. Mr. Matzke noted that approval of the variance requests will allow the
properties to maintain their existing conditions. Mr. Matzke commented that the reason Outlot A is not combined with
Lot 2 is related to conflicts between Torrens and abstract property legal descriptions, the Scott County Taxation and
Surveying Department recommended the driveway area is designated as an outlot. Outlot A is an unbuildable parcel
and shall be linked to Lot 2 as the driveway access to the lot.
Planner Matzke provided information about an easement that is proposed to be granted to the City of Prior Lake for
access to maintain existing utilities. As a condition of approval, the applicants shall dedicate an easement over Outlot
A as the access point to the drainage and utility easement.
Planner Matzke reviewed the variance criteria. Staff believes practical difficulties exist due to existing conditions.
The overall plat design in achieving separate driveways is desirable. Staff recommends approval of the preliminary
and final plat and requested variances.
Commissioner Comments/Questions:
Spieler asked what is the width of the new driveway for Lot 2 [Outlot Ab
Planner Matzke stated Outlot A is 20 feet and the driveway width is 10 feet; this will provide a 5 foot setback to both
property lines and meet the City's driveway setback standards.
Blahnik asked about the impervious surface implications on Lot 1 since this lot size is being increased.
Planner Matzke stated, by increasing area of Lot 1, a substantial amount of driveway [hard surface] is also being
added which is why the impervious surface area has increased.
MOTION BY ROSZAK, SECONDED BY HITE TO OPEN PUBLIC HEARING AT 7:24 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Public Comment:
Applicant Rich Hafdal, 14187 Shady Beach Trail has no comments but is available for questions.
Blahnik asked if the existing driveway follows the easement.
Planner Matzke responded the general driveway alignment is in the easement area.
Hite asked if there is any intention to remove existing impervious surface that will no longer be required if the plat is
approved.
Planner Matzke responded that the applicant will be removing a portion of the impervious surface area through
driveway permit issued by city as a condition of approval.
Spieler asked if this design would allow lots 2 and 3 to be combined in the future, if desired.
Planner Matzke stated a property owner could join lots 2 and 3 into one lot in the future.
MOTION BY SPIELER, SECONDED BY BLAHNIK TO CLOSE THE PUBLIC HEARING AT 7:27 P.M.
VOTE: Ayes, Hite, Spieler, Blahnik and Roszak. The motioned carried.
Commissioner Comments/Questions:
Blahnik stated practical difficulties do exist and nothing is changing in regards to the structures; will be supporting
the request.
Hite will be in support of variances and the combined preliminary and final plat requests. Practical difficulties do exist
due to the irregular shape of the existing properties and the location of the existing impervious surfaces warrant the
granting of the variance requests. The approval of the variances will allow the applicant to align the three lots and
create three driveways.
Spieler supports the requests which will allow separate lots and driveways.
Hite clarified there are conditions of approval detailed in the staff report that have been discussed by the Planning
Commission and will be made part of the approvals.
Roszak supports as well.
MOTION BY HITE, SECONDED BY BLAHNIK TO RECOMMEND APPROVAL OF THE COMBINED PRELIMINARY
AND FINAL PLAT TO THE CITY COUNCIL SUBJECT TO ANY LISTED CONDITIONS THAT WERE MADE A
REQUIREMENT IN THE STAFF REPORT.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
MOTION BY BLAHNIK, SECONDED BY ROSZAK TO RECOMMEND APPROVAL OF THE VARIANCES
REQUESTED BY THE APPLICANT SUBJECT TO THE CONDITIONS THAT WERE MADE A REQUIREMENT IN
THE STAFF REPORT.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
5. Old Business:
A. DEV -2013-0007 Bluffs of Shady Beach Prelimina Plat & P.U.D. Greg Schweich on behalf of Copper Creek
Development is proposing a Preliminary Plat and P.U.D, development consisting of 21 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.
Planner Matzke noted the Planning Commission has previously reviewed this proposal and highlighted changes and
updates to the plan since the last review including changes to the street connections and alignment. The applicant is
proposing a looping street which connects to Aspen Avenue. Mr. Matzke stated two proposed lots do not meet the
corner lot standard and the applicant is requesting a modification under the Planned Unit Development request. The
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applicant is proposing an average of a 16 percent reduction in lot width and a lot depth reduction to approximately
140 feet instead of the required 160 foot double frontage lot; however, the applicant is proposing to preserve trees in
a conservation easement to increase the buffer area which is the intent of the standard lot depth requirement.
Planner Matzke reviewed the planned unit development purpose which provides flexibility to provide benefits to the
community and meet the community's health, welfare and safety requirements. Multiple criteria can be requested to
provide benefits to the city.
Engineer Thongvanh reviewed the grading, utility and storm water plans. Mr. Thongvanh stated city staff has some
concerns about storm water management due to the topography of the property. Staff is requesting additional detail
and design requirements related to the proposed infiltration basins and off-site drainage. Mr. Thongvanh indicated
the State storm water rules have recently changed which resulted in amendments to the plan.
Planner Matzke stated the aspects of projects have been improved substantially, specifically with the street access
points. There do remain hydrology comments that staff has addressed in their memo and these would be addressed
before final preliminary plat approval by the City Council and staff is recommending approval contingent upon the
listed conditions being addressed by the applicant.
Commissioner Comments/Questions:
Blahnik asked if staff is comfortable that the remaining hydrology and water run off issues and designs can be worked
Out.
Engineer Thongvanh stated the storm water management is achievable on this site.
Blahnik asked if the preliminary plat is subject to the conservation easement.
Planner Matzke responded that is correct.
Spieler asked if this development is passed, will there be a way to verify the north basin is working properly.
Engineer Thongvanh stated as part of the maintenance plan the city will verify it is working properly before taking it
over.
Spieler clarified that if it is not working property than the developer would be responsible to make the necessary
improvements to ensure it is working properly.
Engineer Thongvanh responded that is correct, the functionality of the infiltration basin will be part of the
development contract.
Roszak sees this as a quality development in harmony with the Comprehensive flan, The developer has responded
to the Commission's comments, he will support the request.
Blahnik will be supporting the request. The developer has listened to the comments of the Commission, community
and the City and has worked toward modifying the plan. The preliminary plat will be subject to the listed conditions
including the tree conservation easement and staff and the developer will work out the details related to hydrology.
Hite will too be supporting the request based on the statements made by Mr. Blahnik
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Spieler supports, the developer has listened to the comments from the public and city. Remaining concerns related
to hydrology will be resolved prior to City Council review of the request.
MOTION BY BLAHNIK SECONDED BY HITE TO RECOMMEND APPROVAL OF PUD AND PRELIMINARY PLAT
SUBJECT TO THE CONDITIONS AS INDICATED IN THE STAFF REPORT.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
B. DEV -2093-0005 Copper Cove Prelimina Plat. K. Hovnanian Homes is proposing a residential subdivision of
approximately 68 single family lots to be known as Copper Cove. The subject property is located south of County
Road 42, on the north side of Lower Prior Lake, east of Blue Bird Trail and west of Sand Point Beach.
Planner Matzke presented staff's report. Mr. Matzke noted a public hearing on this request was held in June and
the proposed development has since been modified to include 65 residential units from 68. Mr. Matzke reviewed the
proposed transportation network and utility connections. Mr. Matzke commented that staff has met with the developer
in an attempt to work out concerns from the previous plan review; however, there do remain concerns by city staff. A
revised set of plans were submitted last week and city staff has not had a chance to fully analyze plan submittal. Mr.
Matzke highlighted the major changes from the previous preliminary plat including changes to the proposed
transportation network.
Engineer Poppler reviewed staff's concerns and other issues which have not been resolved between City staff and
the developer. Mr. Poppler reviewed an email with the Commissioners, which is included in the agenda packet,
documenting conversations held with the developer. Mr. Poppler stated staff's concerns, which include: i) revised
plans were received late last week and staff has not had an opportunity to fully analyze the plans and the impacts of
changes on the site; ii) the developer has not proposed any changes to the trails around the unique wetland based
on previous Planning Commission feedback; iii) hydrology plans have been resubmitted but not fully reviewed by
staff, developer believes they have met the hydrology rules based on the revised plans, iv) the developer has made
changes to the plan to reflect staff comments at the intersection of Shore Trail and Street 7, staff will need to review
changes; v) staff spoke with developer about delaying part of the Ferndale improvements at CR42. The developer
would like to begin with Phase I construction on the southern portion of the development. Staff would recommend
leaving a portion of Ferndale as an outlot until platted at a future date; vi) reviewed the developer's proposed sewer
system for northern end of development and highlighted city staff's concerns with the developers plan; vii) reviewed
city staffs concerns with the developer's proposed location of the sewer pipe and the need for additional city pipe
maintenance and degradation if approved; viii} discussed proposed street connections and cul-de-sac locations and
how the developer's proposal does not comply with city ordinance and the public works design manual and poses a
safety risk.
Engineer Poppler stated City staff is at end pass with the developer and based on the comments noted, City staff
recommends denial of the plat.
Commissioner Comments/Questions:
Spieler noted the sewer pipe and cul-de-sac are two major issues that remain unresolved. Mr. Spieler applauded
the developer for addressing other concerns raised by staff and the Commission.
Blahnik eluded to previous confusion about the cul-de-sac issue. Mr. Blahnik stated that he previously thought the
issue was with the design of the cul-de-sac and now realizes there is actually a safety issue with distance between
entry points.
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Engineer Poppler provided information related to distances between proposed street connections and access points
and how the distances are inadequate and do not meet city standards.
Blahnik questioned if there were any exception to the ordinance if there is a right -in, right -out access.
Engineer Poppler responded the exception in code relates to topographical challenges. In this case, the topographic
challenges dictate the amount of housing units in the area but there are alternate options to serve the site with sewer
services.
Blahnik commented that the number of houses was reduced from the previous proposal and asked where the lots
were removed.
Engineer Poppler responded the lots were removed in the Cardinal Street area.
Hite asked about a cul-de-sac shown on the plat and if the proposed cul-de-sac would force another non -conforming
cul-de-sac in the ghost plat [properly to the west].
Engineer Poppler responded that is not necessarily the case on this plat, it may create an issue with the intersection
distance to a future northlsouth collector on a future plat.
Hite asked whether the north/south collector would potentially force another nonconforming cul-de-sac on the ghost
plat?
Engineer Poppler responded that it would not force another cul-de-sac on this site but would anticipate another
north/south roadway intersection on Carriage Hills that would be less than 660 feet standard.
Commissioner Comments/Questions:
Spieler stated that two major points still exist that are not resolved including the sewer pipe and cul-de-sac issues.
Mr. Spieler will reject this until developer and City address this and agree to terms.
Hite stated she is not recommending approval of the plat as proposed. Ms. Hite referred to the email which detailed
issues on the plans, which have not been fully reviewed by staff and she commented on outstanding issues with the
proposed streets not meeting separation distance requirements. The hydrology is still an issue and is a basis for
rejecting the plat. For these reasons stated, plans, streets and hydrology, she cannot recommend approval of the
plat.
Blahnik echoes the comments of fellow commissioners and refers to email correspondence included in the staff
report. Mr. Blahnik stated hydrology remains an issue. Another main issues is the sewer pipe connection. Mr.
Blahnik cannot recommend approval of a preliminary plat that would lead to a final plat where the sewer pipe does
not connect to Ferndale. Mr. Blahnik stated the cul-de-sac issue is a safety issue related to distance from a collector
road, not a design issue. His previous references to being OK with the design did not contemplate a safety issue.
With the focus on the cul-de-sac and sewer pipe issues, Mr. Blahnik recommended denial of preliminary plat.
Roszak will recommend denial of plat based on staff's concerns and the City Engineer's concerns. Fellow
commissioners have summed up all of the concerns very well. Recommend denial.
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MOTION BY ROSZAK, SECONDED BY BLAHNIK TO RECOMMEND DENIAL OF THE REQUEST.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
6. Now Business:
A. DEV -2093-1023 6094 Marlen Circle Easement Vacation. Mahowaid Builders on behalf of Robert Hubbard is
requesting vacation of a drainage and utility easement across a property located at 6094 Marlen Circle. The property
is located north of Highway 13 S, east of Green Oaks Trail.
Director Rogness presented staffs report indicating the City Council will be holding public hearing on Monday,
August 12, 2013 and the Planning Commission recommendation will be provided to the City Council. Mr. Rogness
stated the purpose of the Planning Commission review is to determine the consistency of a proposed easement
vacation with the 2030 Comprehensive Plan; to ensure the proper function of storm water drainage and public sewer
and water utility systems; and to assure that no vacation shall be made unless it appears to be in the public interest
to do so.
Director Rogness stated a house was constructed on the subject property in approximately 1976 which was built
over the easement. Staff is not aware why the easement was not vacated prior to construction of the existing house.
The applicant is proposing a house addition and the easement must be removed prior to construction. Mr. Rogness
added there is no reason for city to retain an easement for storm water drainage or utility purposes. Mr. Rogness
noted the entire easement area is not proposed to be vacated, only the area around the existing house.
Spieler asked if the owner of house on the subject property owns both Lot 7 and Lot 8.
Director Rogness responded Lot 8 does not have a house constructed on it.
Spieler clarified that any expansion will be required to stay within the existing property lines.
Director Rogness stated that is correct; there is no property line adjustment being proposed.
Commissioner CommentslQuestions:
Biahnik will support the vacation of the easement. It is not inconsistent with any specific goal or objective of the
Comprehensive Plan and does not appear the existing easement is necessary.
Hite concurs. it is not inconsistent with any specific goal or objective of the Comprehensive Plan and the easement
is not currently needed now or in the foreseeable future.
Spieler agrees with fellow commissioners.
Roszak agrees with fellow commissioners.
MOTION BY BLAHNIK, SECONDED BY SPIELER TO RECOMMEND THE CITY COUNCIL APPROVE THE
PROPOSED VACATION OF THE EASEMENT.
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B. Consider approval of a resolution for the 2014..-2018 Capital Improvement Proaram,
Director Gehler asked the Planning Commission to review the 2014-2018 Capital Improvement Plan (CIP) for
compliance with the Comprehensive Plan. Minnesota Statute 462.356 provides that all proposed land acquisitions
and disposals and capital improvements be reviewed by the Planning Commission for consistency with the
Comprehensive Plan. The Planning Commission will report their findings to the City Council in writing. Ms. Gehler
noted a public hearing on for the CIP has been scheduled for August 12, 2013. Three components of the CIP were
reviewed including Parks, Water and Streets.
Engineer Poppler reviewed a few of the anticipated street projects which are planned over the next five years.
Director Gehler reviewed the Park and Water components of the CIP.
Commissioner Comments/Questions:
Spieler likes the transportation and park plans.
Hite asked for clarification on the trunk reserve fund.
Engineer Poppler stated developers pay a fee to the city as a part of the development to fund large diameter water,
storm sewer and sewer pipes that are needed to serve their development. Payment is made through a trunk storm
water acreage charge and the funds are used to fund improvements to serve development,
Hite asked for clarification on how it is determined where backstops, basketball courts, play structures, etc are
needed,
Director Gehler stated the different components of a neighborhood park are listed separately in the CIP but are all
components of a neighborhood park; adding a neighborhood park costs roughly $100,000.
Blahnik stated the capital improvements appear to be consistent with Comprehensive Plan and are necessary
projects; he will support
Roszak will support.
MOTION BY ROSZAK SECOND BY BLAHNIK TO APPROVE A RESOLUTION FINDING THE CAPITAL
IMPROVEMENTS IDENTIFIED IN THE 2014-2018 CAPITAL IMPROVEMENT PROGRAM ARE IN COMPLIANCE
WITH THE COMPREHENSIVE MUNICIPAL PLAN.
VOTE: Ayes by Blahnik, Spieler, Roszak and Hite. The motion carried.
7. Announcements and Correspondence;
Director Rogness updated the status of development projects reviewed by the Planning Commission in the past
including Eagle Creek Estates, Markley Lake Woods, Jeffers Pond 7�1 Addition and Honest -1 Auto Care,
Engineer Poppler added the City has issued 116 new single family attached and detached dwelling units and
indicated the general permits are up through June as well.
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8. Adjournment:
MOTION BY SPIELER SECONDED BY HITE TO ADJORN THE MEETING.
VOTE: Ayes, Roszak, Spieler, Hite and Blahnik. The Motion carried.
The meeting adjourned at 8:41 p.m.
Casey McCabe, Community Development Specialist
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