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HomeMy WebLinkAbout3 - December 2 2013 PC minutes PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY December 2, 2013 1. Call to Order: Director Rogness called the December 2, 2013 Planning Commission meeting to order at 6:01 p.m. Those present were Commissioners Tom Roszak, Adam Blahnik, Eric Spieler and Wade Larson, Community & Economic Development Director Dan Rogness, City Engineer Larry Poppler and Development Service Assistant Sandra Woods. , MOTION BY SPIELERSECONDED BY LARSON TO APPROVE THE NOMINATION OF COMMISSIONER ADAM BLAHNIK TO BECOME TEMPORARY VICE-CHAIR. VOTE: Ayes by Blahnik, Spieler and Larson. The Motion carried. 2. Approval of Agenda: MOTION BY BLAHNIK, SECONDED BY SPIELER TO APPROVE THE DECEMBER 2, 2013 MEETING AGENDA. . VOTE: Ayes by Blahnik, Spieler and Larson The Motion carried. 3. Consider Approval of November 18, 2013 Meeting Minutes: , MOTION BY SPIELERSECONDED BY LARSON TO APPROVE THE NOVEMBER 18, 2013 MEETING MINUTES. VOTE: Ayes by Blahnik, Spieler and Larson. The Motion carried. 4. Public Hearings: A.DEV-2013-0013 Paragon Restoration II, LLC 5448 Cottonwood Lane SE Stacy Park on behalf of Paragon Restoration II, LLC is proposing a Conditional Use Permit for outside storage located at 5448 Cottonwood Lane SE. Director Rogness described location, site details and the evaluation of the eight conditional uses. He explained the applicant identifies the need for a secure fence around the structure to store business related items such as materials and equipment. Director Rogness stated conditions to be followed before approval is granted. He reviewed Section 1108.200 of the City Codes criteria for approval of a conditional use permit. Commissioner Comments/Questions: Spieler asked if there are other similar examples in the neighborhood? He asked about other outdoor storage in that area with fences. Director Rogness replied in this particular area (Waterfront Passage Business Park), there are no other outdoor storage areas; however, in Deerfield there are some examples. On of these is On-Site Engineering, which has a wooden fence screening their storage area from the public views with a chain link fence back towards the maintenance garage. 1 Larson mentioned the site plan states the warehouse pictured as a future possibility, and asked for further information. Director Rogness responded that maybe the applicant could better explain this when they address the Commissioners. He stated the expansion area could have been drawn originally on the survey, or there may have been a drawing done when the building was first constructed to show the expansion area. th Larson mentioned that the site plan looks as though it is dated 5/19/94 and received October 30 of this year. Director Rogness replied that the drawing was done when it was originally built to show how it could fully build out on that site. Blahnik asked does the general business use apply to all the businesses? Director Rogness replied that to have outdoor storage in the business park, this particular use would need to go through the conditional use process. Blahnik asked for confirmation that with the C-2 General Business District the storage area cannot be any larger than the fifty percent of the interior space. Director Rogness replied yes. , MOTION BY SPIELERSECONDED BY LARSON TO OPEN THE PUBLIC HEARING AT 6:17 P.M. . VOTE: Ayes by Blahnik, Spieler and Larson The motion carried. Applicant Comments: Stacy Park Owner of Restoration 18636 Hobby Hills Trail, Prior Lake, MN Applicant Park stated the purpose of this permit and mentioned they are in the process of purchasing the building with an April 2014 closing. One of the contingences of the purchase of the property is able to have outdoor storage. The outdoor storage will be used for small trailers and additional wood and framing type wood. She mentioned that they are a concrete restoration company and fix parking structures. Currently, the facility does not have the storage area they need; they are very much aware of the guidelines and ordinances. Applicant Park stated they intend to do some additional landscaping giving a better curb appeal on Highway 21. She said they would like to expand the building at some point, but are unsure of when expansion would take place. They would like to have a privacy fence as either wood or chain link with screening. Commissions Questions: Blahnik asked if the chain link fence with screening would be at what opacity? Applicant Park replied at least ninety percent opacity or more and stated the only part of the fence that would not have this percentage would be the actual opening where the gate access is. She said the price quote they received was with the fence at 94 percent opacity. 2 Spieler asked in regards to access of the outdoor storage, where would the actual access be? Applicant Park replied it would be from the parking lot paved area and then we would expand the class five gravel from there. Spieler asked is there going to be the existing curb around the entire parking lot? Applicant Park replied the curb does not run along where the grass is, the curb runs along the east and west side and goes right into the grass area. Spieler asked would you have an access door on the side or would the whole side be an access to pull a lot of trailers through? Applicant Park replied it would about a nine foot opening with a gate on the fence and that would be the only opening. She stated the purpose for this fence is safety because of trailers and items to lock up. Larson asked about the fire hydrant and the required distance from the gate. Applicant Park replied that the fence will be even further away from the hydrant then required and they are willing to work with the city with the fencing. Larson asked have they have spoken to any neighbors in the surrounding buildings? Applicant Park replied they have not made contact with any neighbors at this point only because they are in the process of purchasing this property; however, they are aware of the company to the west which appears to have outdoor storage from time to time, which appears to be trucks and trailers in their parking lots, not a fenced in area. MOTION BY SPIELER, SECONDED BY LARSON TO CLOSE THE PUBLICAT 6:25 P.M. VOTE: Ayes by Blahnik, Spieler and Larson. The motioned carried. Commissions Comments/Questions: Spieler is supporting this permit and is in agreement with staff recommendations. Larson is supporting this permit with the eight conditions. Blahnik is supporting this permit with the eight conditions as numerated by staff. MOTION BY SPIELER, SECONDED BY LARSON TOAPPROVE THE CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE C-3 BUSINESS PARK ZONING DISTRICT AT 5448 COTTONWOOD LANE SE WITH THE EIGHT CONDITIONS AS RECOMMENED BY STAFF. VOTE: Ayes by Blahnik, Spieler and Larson. The Motion carried. B.Subsection 1107.2100, Tree Preservation and Restoration. The City of Prior Lake is proposing an amendment to Subsection 1107.2100, Tree Preservation and Restoration to include a new section related to the removal of mature trees on vacant property. 3 Director Rogness explained this amendment has been discussed at a prior meeting and stated that this is a proposed ordinance amendment that adds a provision dealing with vacant property defined as a woodlot. He explained the applicant could come in for an application to remove more trees than the subsection allows and discussed what the penalty is if the amendment requirements were not met. Director Rogness stated what other cities do in Tree Preservation and Restoration and used Shakopee as an example. He explained how much property in Prior Lake this amendment would apply to if implemented. He suggested new possible wording that would state vacant property including any parcel of land or adjacent parcels of land in common ownership greater than one acre of land and ten or more significant trees would qualify as a woodlot. Commissioner Comments/Questions: Spieler asked how many different properties are there that will qualify for this amendment? Director Rogness stated he did not have an exact count of parcels. Spieler asked how many have one acre lots since the example map shows both half acre lots and one acre lots and are not coded or colored differently? Director Rogness replied a general assumption would be about a fourth of the highlighted property on the example map would be removed. Some of the half acre lots or smaller may have common ownership. Spieler asked if everything on the example map in big blocks of parcel common ownership and anything that is small blocks of parcel is individual ownership? Director Rogness responded not necessarily. Using the example map, he showed where common ownership is being applied with some of the smaller parcels of land. Spieler asked if Shakopee two and a half acres limit applies before they need to apply for an application? And, much of the property would be taken off list? Director Rogness replied that Shakopee is at two and a half acres, which was just updated in 2013. Spieler stated that Shakopee may have changed their amendment due to a large amount of tree removal across the street from the Holiday Gas Station on Highway 80. Is saff recommending one acre? Director Rogness replied yes. Larson asked due to tagging disease something we could add that would state that tree has been tagged for disease will not be added into the percentage? Director Rogness replied that being a good point. 4 Blahnik asked if a land owner possess a small corner of twenty acres and they have a house in the far corner of the quarter acre is the entire lot not considered vacant. If it is heavily wooded would that fit the definition of vacant or not? Director Rogness replied that would not be deemed vacant land, because there is a house on this land. Blahnik asked if the lot itself is twenty acres and the homeowner possess a quarter acre in the far corner does that remove the remaining 19.75 acres from being vacant? Director Rogness replied no it does not. That would be deemed to meet the vacant property definition or woodlot definition. Blahnik asked the fact that the possession of a portion of the parcel does not preclude it from following under the definition of vacant property? Director Rogness replied that is the way staff would enforce it. Spieler asked if you had a house on a hobby farm is that considered vacant for a majority of the hobby farm, except for where the house actually is and how would that work out to the tree preservation? Commissioner Spieler gave an example of a hobby farm in Spring Lake that may get annexed over to Prior Lake and asked how would that work? Director Rogness responded he is sensing an issue with the way the amendment may be currently written. He mentioned the fact that just because there is a structure on a piece of land, can preclude us from thinking we can preserve significant trees. He mentioned that staff may want to go back and look at this application again. Blahnik mentioned this amendment is scheduled for a public hearing and does not appear that anyone is here to speak on the issue and would like to be left open at this time. Director Rogness agreed and suggested that this needs to be reviewed. , MOTION BY SPIELERSECONDED BY LARSON TO OPEN THE PUBLIC HEARING AT 6:44 P.M. . VOTE: Ayes by Blahnik, Spieler and Larson The motioned carried. MOTION BY SPIELER, SECONDED BY LARSON TOCLOSE THE PUBLIC HEARING AT 6:45 P.M. VOTE: Ayes by Blahnik, Spieler and Larson. The Motion carried. Commissioner Comments/Questions: th Spieler asked that at the December 16 meeting could provide examples on how many properties would be excluded if the amendment was changed from a half acre to a full acre, including even more th stipulations. If the Commission does approve this going forward on the December 16, 2013 what is the best way to communicate this as part of the regulations to some of those owners as we can make the change to the amendment? 5 Blahnik stated because of the public hearing on this specific item has been left open, there is no need to keep commenting on this but he does like the modified definition including common ownership as opposed to separate parcels, therefore agrees with the direction that this amendment is going. MOTION BY SPIELER, SECONDED BY LARSON AT 6:47 P.M. TO CONTINUE THE HEARING TH AND TO TABLE THIS ITEM TO DECEMBER 16, 2013. VOTE: Ayes by Blahnik, Spieler and Larson. The motioned carried. C.2030 Comprehensive Plan. The City of Prior Lake is proposing an amendment to the 2030 Comprehensive Plan, Chapter 5, Transportation, related to an adequate road and pedestrian access system in the downtown area, including connections to commercial uses near (south) Trunk Highway 13. Director Rogness stated Larry Poppler will be assisting in the presentation of this presentation and explained the 2030 Comprehensive Plan. He mentioned this topic was part of a City Council public th informational meeting on October 28, 2013 and the Council gave direction to staff to incorporate a general statement in the comprehensive plan for improving roadways in the downtown area. Director Rogness explained the amendments and how they relate to the comprehensive plan. Commissioner Comments/Questions: Larson asked Engineer Poppler whether Scott County has responded to questions or proposal of no left/right turn situations? Engineer Poppler replied there was a letter drafted and sent in mid-November with this request and the request was going to be taken to the board, however he has not heard if this has taken place therefore, he has not heard of a final word to this request. Larson Engineer Poppler responded there are concerns with some of the signage that was proposed. Larson commented City Council was directing this would be builder driven and not to tear down homes and things of that nature to interfere with the community. Spieler as defined in the amendment? Director Rogness explained the areas that would be included in this comprehensive plan. He mentioned some example areas and stated there is some specific areas that will not change as well. Spieler asked where the improvement is supposed to run and how far south? He mentioned that commercial areas could mean anything and there is more commercial areas along 21 further toward the Verling Farm and what is the access to these places? He asked what is considered the arterial roads and would everyone be forced to come down 21 to get to downtown? Director Rogness up toward Burger King, and the idea is Highway 13 & 21 provide the main arterial system that feed the 6 downtown. Staff was really looking at some alternative ways to strengthen the downtown connection directly to the Southlake Village area and that could be via Duluth, however there is the alternative route alignment and it was mentioned a part of the Councils direction is to have development help drive where that might best occur. Spieler asked so this is not only referring to the downtown area, it is for everything right? Director Rogness replied yes and we only used the Southdown Town study as an example but it is for the strength of the downtown with the strength of the other commercial areas. Spieler Engineer Poppler responded you can measure adequate by construction, bottle necks and etc. Spieler asked are we talking about the flow? Engineer Poppler replied the study was to provide a good supporting roadway network, supporting Highway 21 and 13 within our downtown area and adequate is making sure we have the good supporting network and that is the goal we are trying to perceive with the language. Spieler commented that he just would like clarification on adequate and the proper measurement for each applicant. MOTION BY BLAHNIK, SECONDED BY SPIELER TO OPEN THE PUBLIC HEARING AT 7:00 P.M. . VOTE: Ayes by Blahnik, Spieler and Larson The motioned carried MOTION BY SPIELER, SECONDED BY LARSON TO CLOSE THE PUBLIC HEARING AT 7:01 P.M. . VOTE: Ayes by Blahnik, Spieler and Larson The motioned carried. Commissions Comments/Questions: Spieler the Planning Commission makes the motion to approve this would it still go to the City Council as well? Director Rogness replied we will present this to the City Council a week from tonight assuming that this is recommended to move forward. Blahnik stated he is supportive to the recommending of these amendments to the City Council based on th the direction from City Councils October 28, 2013 hearing where a motion was approved to direct staff to incorporate a general statement in the comprehensive plan for improving roadways and downtown. Larson is fellow commissioners and does support this amendment to the City Council. 7 MOTION BY SPIELER, SECONDED BY LARSON TO RECOMMEND APPROVAL OF AMENDMENTS TO CHAPTER 5, TRANSPORATION OF THE 2030 COMPREHENSIVE PLAN RELATED TO SECTIONS 5.1 AND 5.2 AND FIGURE 5.4. VOTE: Ayes by Blahnik, Spieler and Larson. The motioned carried. 5. Old Business: A. No Old Business Items 6. New Business: A. No New Business Items 7. Announcements and Correspondence: A.Recent City Council discussions/decisions. th Director Rogness stated there will be a second meeting on Monday, December 16, 2013 including nd election of officers, as well as the Enclave at Cleary Lake 2 Addition to review. 8. Adjournment: MOTION BY BLAHNIK, SECONDED BY LARSON TO ADJORN THE MEETING 7:06 P.M. VOTE: Ayes by Blahnik, Spieler and Larson. The Motion carried. Sandra Woods, Development Services Assistant 8