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HomeMy WebLinkAbout041204 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, APRIL 12,2004 Fire Station - City Council Chambers 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: A. Case #03- 48 Deerfield Development has submitted revised plans for a Preliminary Plat consisting of 60 acres to be subdivided into 4 outlots for future commercial and industrial development, and 1 outlot for future high density residential development. This property is located south and west of CSAH 21, directly east of CSAH 87, and south of Adelmann Road in Section 12, Township 114, Range 22. B. Case #04-45 Deerfield Development is to amend the Comprehensive Plan Land Use Map designation on 13.86 acres from C-BO to I-PIon property located east of the Deerfield development. C. Case #04-43 and 04-44 Shamrock Development is requesting an amendment to The Wilds PUD Plan and to approve a preliminary plat consisting of 51 acres to be subdivided into 63 lots for single family development. This property is located south of CSAH 42 and Haas Lake, and east of Wilds Parkway, at the northeast end of Wilds Ridge. D. Case #04-41 Wensco, Inc., is requesting an amendment to Section 1102.1202 of the Zoning Ordinance to reduce the required 200 foot setback from arterial roads for day . care center outdoor play areas. E. Case 04-20 Consider an Amendment to Section 1101.400 of the Zoning Ordinance including boat lifts and track systems as recreational equipment. 6. 7. Old Business: New Business: None A. Discuss Comprehensive Plan Goals and Objectives. B. Discuss Comprehensive Plan Draft Map. 8. Announcements and Correspondence: 9. Adjournment: L:\04 FILES\04 PLAN COMMlS\04 pc Agenda\AG041204.DOC 'ty f . 1 k WWW.Clopnorae.com Phone 952.447.4230 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, APRIL 12,2004 1. Call to Order: Vice Chairman Atwood called the April 12, 2004, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Lemke, Perez, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Lemke Perez Ringstad Stamson Present Present Present Present Absent 3. Approval of Minutes: The Minutes from the March 22, 2004, Planning Commission meeting were approved as presented. Commissioner Stamson arrived at 6:34 p.m. 4. Consent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case #03- 48 Deerfield Development has submitted revised plans for a Preliminary Plat consisting of 60 acres to be subdivided into 4 outlots for future commercial and industrial development, and 1 outlot for future high density residential development. This property is located south and west of CSAH 21, directly east ofCSAH 87, and south of Adelmann Road in Section 12, Township 114, Range 22. Planning Coordinator Jane Kansier presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. Deerfield Development has applied for a Preliminary Plat for the property located east of Fish Point Road, on the east side of the Deerfield Development and south of Cottonwood Lane and Adelmann Street. The preliminary plat consists of60.93 acres to be subdivided into 6 outlots for future development~ L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc I Planning Commission Minutes April 12, 2004 On March 17, 2003, the City Council approved an amendment to the Comprehensive Land Use Plan Map redesignating 6.14 acres of this site as C-CC (General Business) and 13.35 acres as I-PI (planned Industrial). On May 5, 2003, the Council also approved and amendment to the Comprehensive Plan Land Use Map redesignating 4.25 acres to R-HD (High Density Residential). These amendments were subsequently approved by the Metropolitan Council. On July 7, 2003, the City Council adopted an ordinance rezoning the property consistent with the Comprehensive Plan Amendment. The property is now zoned R-4 (High Density Residential), C-4 (General Business), C-5 (Business Office Park) and 1-1 (Industrial). The size of this development triggered the preparation of an Environmental Assessment Worksheet (EA W). The 2 potential impacts identified by the EA W included storm water and traffic. The City Council reviewed these impacts and determined there are measures that can be taken by the developer to mitigate the potential impacts. On January 20, 2004, the City Council reviewed the EA W and determined there was no need for further environmental review. In general, the proposed preliminary plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. In addition to the issues raised by the EA W, there are some engineering and ordinance requirements which still must be addressed prior to approval of this preliminary plat. The first issue is the extension of Adelmann Street across City property from Cottonwood Lane to the north property line of the Deerfield property. In order to build the Deerfield Industrial Park, Adelmann Street, and the corresponding utilities must be extended across City property. The City staff believes this extension should be completed with this development, and the City should participate in the cost. The level of City participation is ultimately determined by the City Council. If the Preliminary Plat is to proceed, it should be subject to the following conditions: 1. Adelmann Street and the corresponding utilities must be extended across City properly to the north properly boundary as part of this development. 2. The minimum right-of-way dedication for CSAH 87 must be 60' from the centerline. Left and right turn lanes must also be constructed on CSAH 87. 3. The developer must provide $125,000 for the construction of a left turn lane on CSAH 87. This amount will be placed in escrow as part of the development contract with the final plat. 4. A wetland mitigation plan must be approved by the City Council prior to any grading on the site. 5. The developer must submit revised storm water runoff calculations to the City for review and approval prior to any grading on the site. 6. Revise the Tree Preservation Plan to include a breakdown of the percentage of caliper inches removed for roads, utilities and drainageways, and for building pads L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 2 Planning Commission Minutes April 12, 2004 and driveways, and if necessary, submit a tree replacement plan. This work must be completed prior to any grading on the site. 7. Provide a landscaping plan for the subdivision trees with the final plat application. Separate landscaping plans will be required as part of the development application for each individual lot. 8. Submit all of the necessary permits and approvals from other agencies, including Minnesota Department of Health review for watermains, MPCA permits for sanitary sewer, and Scott County permits for construction activity in the Scott County right-of-way. 9. The following comments in the memorandum from Larry Poppler, Assistant City Engineer, dated April 5, 2004 (see attached) must be addressed as part of the final plat application: General a) Provide a geotechnical report and pavement section calculations. b) Design plans shall foUow the requirements of the Public Works Design ManuaL c) Plan sheets should be sized to be 22" x 34". d) The line types are too similar to each other. Revise line types. Utilities e) A 12" watermain located at the north end of Deeifield 12th must be connected to the watermain on Adelmann Street. f) Use 8" sanitary sewer stubs out of manholes. g) Provide sewer and water to the lot at the northeast corner (RLS 98). h) Use environmental manholes, 3' sumps, at the last structure which is road accessible prior to discharge into any water body. i) Use RCP for all storm sewer, since it is future parking is not yet determined. j) Show gate valves at Adelmann and CSAH 87. k) Provide 8" watermain to the property to the northeast. /) Provide water service to the property south of the Prior Lake Maintenance Center. Streets m) Provide a 36' wide street width face of curb to face of curb and 80 feet of right of way. n) Show typical section for the roadway, including B618 curb and gutter, right of way line, and traiL The thickness of the pavement section may need to be increased due to the proposed commercial loading. 0) Build roadway to property in northeast corner (RLS 98). p) Check cul-de-sac dimensions. Larger cul-de-sacs may be necessary to accommodate trucking. Show radii for cul-de-sacs. q) Show trail or sidewalk on the south side of Adelmann. r) Show drainage and utility easement for the wetland adjacent C-5. Wetland Plan Comments s) Wetlands E, F, and H were determined to be exempt per the Wetland Conservation Act Notice of Decision dated October 16, 2003. However, Wetlands E and F are exempt provided that the drain tile within these wetlands is maintained. Based on these plans, it does not appear that they are L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 3 Planning Commission Minutes April 12. 2004 maintaining the drain tile. If this is the case, the fill would not be allowed under the exemption permit. t) Wetland fill of non-exempt wetlands is proposed on the plans. A sequencing discussion, including avoidance and minimization alternatives, needs to be completed along with a Replacement Plan Application. Based simply on the plans, it appears that much of the wetland impad could be avoided or minimized. u) We have concerns that the 12-foot deep NURP pond (Pond II) has the potential to drain the existing adjacent Wetland G and a portion of Wetland D. Information regarding this potential needs to be included in the permit application. v) Wetland replacement is not shown on the plans. A replacement plan application needs to be developed discussing wetland mitigation. w) A 30-loot buffer around the existing wetlands needs to be shown on the plans in conformance with City Standards. x) Show elevations of the existing wetlands. Hydrologic/Hydraulic, Water Quality, and Grading Comments y) Please specify that slopes greater than 4:1 shall have erosion control blanket installed immediately after finished grading. Maximum grades of 4:1 are required in maintained areas. Provide note stating the benchmarks for the site. z) A rock construction entrance must be installed on the site during construction. Show location on the plan. aa) Please include a storm sewer profile with the final plan. bb) Skimmer structures shall be installed at the outlet of all NURP ponds. Please include details of these structures with the plan. cc) All NURP ponds shall have a defined EOF that has been protected against erosion. dd) Maintenance hard surface access routes shall be defined for all treatment ponds. ee) The erosion control fence should be extended to the north of block 1 lot 1. If) Grading plan incomplete for the northeast corner of outlot B. gg) Show calculations for a infiltration / storage system that has the storage capacity to accommodate at least all runoff from 1 year 24 hour rainfall event. This system should also have the capacity to infiltrate all runoff from the 1 year runoff event within 72 hours. Show that the infiltration rates proposed are consistent with the soil types. hh)NURP Pond II shall be a minimum of one foot higher than the HWL of the pond (show contour / spot elevation) Staff recommended approval of the Preliminary Plat subject to the above conditions. Stamson questioned condition #3 "left turn lane on County Road 87". Jane clarified the condition. Atwood questioned Poppler's comments under letter "d". Poppler responded it refers to easement lines. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 4 Planning Commission Minutes April 12,2004 Atwood questioned the streets and trails on Adelmann - Poppler pointed out it would be on the south side. Comments from the Public: Applicant John Mesenbrink, Eagle Creek Development said staff addressed all the concerns. Scott Kilau, 5431 Fawn Court, said he wanted to plead to save the tree line as a buffer between the zoning districts. John Kowalsky, 17392 Deerfield Drive, questioned what was planned for the wetland. Kansier said nothing was going to be filled. Discussions with the developer would continue to figure out some kind of trail system to the island. It would not be filled in and developed. The public hearing was closed at 6:55 p.m. Comments from the Commissioners: Atwood: . Agreed with sharing the costs of extending Adelmann Street. . Questioned the definition of "significant trees". Kansier responded trees that were 6 caliper inches and above, hardwood trees like maples, oaks, spruce and pine. Not included are elm, box elder, willow and cottonwood trees for the reason they tend to become diseased. . Propose to amend the tree preservation ordinance to exclude maple, oaks and pines from being taken at all, regardless of size. Unless the trees are in direct relationship with the building pad, it can be a casual clearing. It is a big concern with the residents. . Kansier said it could be discussed at another meeting and went on to explain the calculations. . Questioned how many net acres in Outlot F. Kansier responded the outlet itself is over 33 acres. The island is about 6 or 7 acres; however staff does not have a calculation. . In favor of support with all the conditions. Would like to see the parkland dedication worked between the developer and City to include access to the wetland. Ringstad: . In favor of supporting the preliminary plat. Staff did a very good job in outlining the conditions 1 through 9. Nine being long with several conditions. . Appropriate to revisit the tree ordinance at another time. Not sure he shares the same amount of passion as Commissioner Atwood, but it is a subject that deserves further review. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 5 Planning Commission Minutes April J 2, 2004 . If Outlot F cannot be used as a park in the sense that the City would want a park to be used, he would be in favor of the cash dedication. If the island can be accessed and a trail system can be built and truly beneficial to the community would accept, then looking at Outlot F in lieu of a cash dedication would make sense. But would be very cautious just accepting that. . Recommend supporting. Lemke: . Agreed staff did a good job in laying out the conditions for the preliminary plat to move forward. . Agreed with Atwood that the wetland and island would be a lovely parcel of land for a park. Not sure how to access it at this time. Would like to see staff continue in those discussions with the developer however, a cash dedication may be better. . Support moving the plan forward. Perez: . Agreed with all the Commissioners. The EA W has been completed as it was a big obstacle. Everything else falls into place. . Agreed with Atwood on the park and trail systems. It would benefit the residents. . Approve. Stamson: . Agreed with Commissioners, the preliminary plat is uniform with the Comprehensive Plan and discussions. The staff's criteria and conditions cover the Issues. . Make sure condition #3 is correct to left turn lane on County Road 21 on to County Road 87. . Not sure that piece of land is a great park - it is a small dedication. Would rather have the cash. A walking trail is nice but would not trade a lot away for it. It's up to City Council to decide. . Support moving forward with the recommendations. Larry Poppler asked if another condition could be added. The wetland comments and grading comments be addressed prior to any grading permits on the site. Stamson agreed. Lemke: . Questioned the traffic trip numbers and if the numbers were broken down to how many semi's. Kansier said it was a total traffic figure based on the potential types of uses as it is presently zoned. It assumed a number of employee trips. Rye said it is question of the assumptions they make when they do the study, how they allocate the trips. It will depend on the development. Atwood: . Asked if the applicant stated a time table for development. Kansier said not at this time. The utilities will have to come from the north. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 6 Planning Commission Minutes April]2, 2004 MOTION BY RINGSTAD, SECOND BY LEMKE, RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT SUBJECT TO STAFF'S CONDITIONS WITH THE ADDITIONAL CONDITION BY ASSISTANT CITY ENGINEER LARRY POPPLER THAT THE WETLAND COMMENTS AND GRADING COMMENTS BE ADDRESSED PRIOR TO ANY GRADING PERMITS ON SITE. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on April 19, 2004. B. Case #04-45 Deerfield Development is requesting an amendment to the Comprehensive Plan Land Use Map designation on 13.86 acres from C-BO to I-PI on property located east of the Deerfield development. Planning Coordinator Jane Kansier presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. Deerfield Development has filed an application for a Comprehensive Plan Amendment for a portion of the 60.1 acres of vacant property located east ofFish Point Road, on the east side of the Deerfield Development and south of Cottonwood Lane and Adelmann Street. The proposal is to change 13.86 acres from C-BO (Business Office Park) to I-PI (planned Industrial) on the 2020 Comprehensive Plan Land Use Map. This property is the easterly portion of the 260 acres of land which was annexed by order of the Minnesota Municipal Board on July 9, 1997. In September, 1997, the owner submitted an application to amend the Comprehensive Plan to include this land within the MUS A, and to designate the easterly 58 acres for Planned Industrial Uses, 140 acres to the R-HD designation and 62 acres to the R-L/MD designation. On October 6, 1997, the Council approved the amendment to the Comprehensive Plan which included the entire area within the MUSA. The City Council also approved an amendment to the Land Use Plan designating the 58 acres for Business Park uses, and the remaining acreage for Low to Medium Density Residential uses. In 2003, the applicant requested the following amendments to the Comprehensive Plan for the area within the Deerfield Industrial Park: . Change 6.14 acres from C-BO (Business Office Park) to C-CC (General Business) . Change 13.35 acres from C-BO (Business Office Park) to I-PI (planned Industrial) . Change 4.25 acres from R-L/MD (Low to Medium Density Residential) to R-HD (High Density Residential) The City Council approved these amendments on March 17,2003, and on May 5, 2003. The remainder of the 60 acres, approximately 35 acres, continued to be designated as C- BO (Business Office Park). L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 7 Planning Commission Minutes April}2, 2004 This application pertains to 13.86 acres of land located on the west side of the property, immediately east of Deerfield 11 th. This property is identified as Outlot D on the proposed Deerfield Industrial Park preliminary plat. This property is presently designated as C-BO, and is zoned C-5. The applicant is proposing to change the Land Use Plan Map designation from C-BO to I-PI (planned Industrial). The remaining acreage will continue to be designated as C-BO. The applicant is proposing to develop the Deerfield industrial area in stages. According to the letter submitted with the application, there have been more potential clients for land designated and zoned 1-1 than for the C-5 area. The applicant has not identified any specific uses for this area. The proposed I-PI designation is consistent with these goals, as is the existing C-BO designation. The area is currently designated for a combination of business and industrial uses. The proposed I-PI designation allows a more intensive type of use, including outdoor storage, than the C-BO designation. In addition, there are more design controls within the C-BO designation than in the I-PI. However, the Zoning Ordinance still has design criteria for this district. The recent McCombs study identified the need for an additional 135-185 acres of additional Business Office Park area. The proposed amendment, while allowing many of the same warehouse and office uses, will reduce the amount of available C-BO designated land. The amendment will also increase the potential for higher intensity industrial uses. Atwood questioned the differences with the industrial and commercial districts. Kansier explained. Perez asked if the proposed amendment would have any affect on the preliminary plat. Kansier said it would not. Lemke asked to list some of the uses and types of businesses that fit this designation. Kansier said the area would be subdivided and explained the C5 district uses. The biggest difference is the outdoor storage and the intensity of the uses permitted. The industrial district allows auto repair, body shops, etc. Comments from the public: John Mesenbrink, Eagle Creek Development said he would be available for questions. Stamson asked why he wanted to change the designation when nothing is built in the other I -district. Mesenbrink responded the other "I" is pretty much sold. If everything goes good and continue with the plat there will not be a lot left in the first phase. There is absolutely no one showing any interest in the C5. One customer is looking for 45,000 square feet and needs outside storage. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 8 Planning Commission Minutes April 12. 2004 Stamson asked what kind of uses are interested in this area. Mesenbrink responded there was a potential for four different uses. Prior Lake Blacktop, a bus transportation company and an insulation company. Most need outside storage that cannot be provided in the C5. Originally they had a lot interest in the C-5 area however; they do not have the interest at this time. That is why they are requesting to rezone to the I district. There were no comments and the hearing was closed at 7:20 p.m. Comments from the Commissioners: Ringstad: . The part that tips for me is the McComb Study indicating there is a need for business office park. Does not see the need to change. With that in mind, will not support unless he hears compelling arguments. Lemke asked if he knew what the use would be for the one customer. Mesenbrink said he did not want to reveal the name at this time as they have another year and half left on their lease. They have between 35 and 40 employees. Lemke questioned if the McCombs Study identified the need for any industrial? Community Development Director John Sullivan said the McComb did address the needs for different categories and space. One category mentioned was a business park. Another thing is that it was lumped in one category as far as the business park is concerned. In that business park you could have manufacturing and enclosed areas. The study's real focus was on retail so there was room for the industrial district. Sullivan said he was working with 16 different businesses that are either interested in expanding or locating in Prior Lake. Many would not fit in the C5 zoning. They would fit in the 11 zone because of needed outside storage. They make a product, have active inventory and may have truck deliveries and so on. Meeting with businesses as they come in Sullivan feels there is a need for an Industrial area that would meet most needs. Sullivan supported the rezoning amendment. Rye pointed out the Commissioners would be talking later in the meeting about the potential comprehensive changes. One of the things that came out of the McComb Study is that under our current Comprehensive Plan the City probably has more land designated for business park use than we could reasonably expect to use up over the next 20 to 25 years. Rye went on to say although he (McCombs) did not come out and say it in the report but in conversations, indicated this area does not lend itself way to the heavy kind of manufacturing activities. It does lend itself to the kind of things the City has been seeing. There is a lack of opportunity for some of these other uses that tend to be a necessary part of the community. It is very difficult to find a place to put them. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 9 Planning Commission Minutes Apri/12.2004 Lemke: . Gave this a lot of thought, and realizes there is a residential neighborhood area near it. Although there are a lot of trees and not so sure when someone came to do something that leaving the trees there may not be the adequate buffer we're looking for. . Looking at our City goals we want to encourage a diversified economic base and a broad range of employment opportunities. This very well meets the City's objectives. . Nobody was present to speak against it. . Will support the change. Perez: . Saw both sides of this. John Sullivan had good points. Would rather capture some of the businesses now rather than waiting. Then again no really came with an dissenting objections. . Support. Atwood: . Asked if the surrounding residents were notified. Kansier said they were. . Would not recommend support because of the McCombs study. There are other areas that will meet the needs of light industrial. . This area is so small and close to a residential area that we can find another site. . Accelerating development does not make a case for supporting this request. Does not see this as important and neighbor friendly. Stamson: . Started out more skeptical that we didn't need anymore 11 districts, however the applicant and Community Development Director (Sullivan) convinced me this is a reasonable request. We tend to think of industrial as smokestacks and large commercial manufacturing. We have a lot of businesses around town that need outside storage. I do see the need for more 11. . Came to a different conclusion than Atwood with the McComb Study. . The biggest concern is the adjacent neighbors. . Questioned the buffer requirements between the districts. Kansier said outside storage requires a conditional use permit which would require a public hearing. . Rye explained the general buffering requirements between the districts would be the most stringent and highest category of buffer setbacks. . There would also be a Conditional Use Permit process. . Comfortable this would not have negative impact on the neighborhood. Will support the amendment. There is a need for it in the City and appropriate safeguards in place to make sure the neighborhood is not hanned by it. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 10 Planning Commission Minutes April 12, 2004 Perez: . Regarding Atwood's comments on accelerating this. The applicant stated one company is looking at this fairly quick, Would hate to loose a company because we didn't do this. . Atwood disagreed stating this should not be business driven by a request that is a "potential". There is nothing concrete. MOTION BY PEREZ, SECOND BY LEMKE, TO RECOMMEND APPROVAL TO AMEND THE COMPREHENSIVE PLAN AMENDMENT AS REQUESTED. All in favor Perez, Lemke and Stamson, nays by Atwood and Ringstad. MOTION CARRIED. This item will go to City Council on May 3, 2004. C. Case #04-43 and 04-44 Shamrock Development is requesting an amendment to The Wilds PUD Plan and to approve a preliminary plat consisting of 51 acres to be subdivided into 63 lots for single family development. This property is located south of CSAH 42 and Haas Lake, and east of Wilds Parkway, at the northeast end of Wilds Ridge. Planning Coordinator Jane Kansier presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. Shamrock Development has applied for approval of a development to be known as The Wilds Ridge on the property located south of CSAH 42 and Haas Lake, at the north end of Wilds Ridge. The application includes the following requests: . Approve an amendment to The Wilds Planned Unit Development Plan; . Approve a Preliminary Plat. The proposal calls for a development consisting of 63 lots for single family dwellings on 51 gross acres. The development also includes public streets and parkland. The proposed PUD amendment and preliminary plat are generally consistent with the provisions of the Zoning and Subdivision Ordinances. The staff recommended approval, subject to the following conditions: 1. Demonstrate how sewer service to this plat can be provided from the west. 2. Identify the use and ultimate ownership of the outlots. 3. Provide net lot areas for Lots 10-12, Block 2. The area of these lots must be at least 12,000 square feet above any ponding or wetlands. 4. Dedicate Outlot C as Park on the final plat. 5. Obtain a permit from the Prior Lake-Spring Lake Watershed District prior to any grading on the site. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 11 Planning Commission Minutes April 12, 2004 6. No grading will be permitted until the following Engineering issues have been addressed: Gradin2 and Erosion Control a. Show top and bottom of wall elevations. b. Show pond access location. The pond access should have a maximum grade of 8% and shall have a solid surface. c. The drainage east of station 44+00 Wild's Ridge does not match the grades along the east property line. Proposed contours do not connect to existing contours in this area. d. Basin G should be cleaned out and the outlet cleaned up with this project. e. Show the OHW for DNR wetland #151 W. L Show easement for the pond on the civil drawings. Hydrolo~ic/Hydraulic and Water Quality g. The second table on the hydrology summary sheets shows the existing and proposed columns in reverse order. h. The hydrology summary shows an increase in rates for the various design storms. Additional ponding may be necessary. 1. The summary references pond 1, Should this read basin W? J. The pond sizing calculations show an impervious fraction of 0.366, the individual area calculations show an impervious fraction of 0.392. Verify the calculations. 7. Address the following Engineering issues in the fmal plans: General a. Show the City project # 04-36 on all plan sheets b. The final plans should follow the requirements of the Public Works Design Manual. c. Revise lots 6 and 9 so that lot 9 is not bisected by the pond. d. Grading easements will be required for the work outside the property lines. Water main e. 12" water main should be shown for water main on Street C, Street B south of Street C, and Wild's Ridge east of Street B. Sanitary Sewer f. The sanitary sewer connection to the west has not yet been installed. The connection location and elevation will need to be coordinated with the work to the property to the east. Storm Sewer g. Provide pipe sizing calculations. Streets h. Show temporary cul-de-sacs at street dead end locations. i. Show concept plans showing the grading for street connections to the north. J. Show right turn lanes for Streets B and C. k. Streets Band C should be 36 feet in width. 1. An easement should be shown along the east property line of lot 1 for park access. The easement should be 15 feet in width. m. A trail should be shown for Wilds Ridge and Streets B and C. Staff recommended approval with the above conditions. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 12 Planning Commission Minutes April J 2, 2004 Stamson - regarding the park - here again there is a park with no access. They added a street and surrounded with houses and there's no access to the park except from the Jeffer's property. If it doesn't develop then there's no access to this park. Larry Poppler said they talked to the developer about having an easement on the east side, south of the property line. Staff is hoping the property to the east has parkland that is connected to this too. Kansier said it would probably be a strip of land for trails or walkways into J effer' s property. Lemke questioned the street width. Poppler explained the proposed changes and connections. No additional right-of-way would be required. Ringstad questioned the steep grade and access to Outlot C through D seems questionable. Kansier responded that this could be added as a condition. Ringstad questioned if the two and half acres is reducing the parkland. Kansier said they did not include Outlot D, she netted out the original area. Two and a half acres is without any other parkland shown. The wetlands were not taken out. In 1993, wetlands were part of the parkland dedication and the City wanted to be consistent. Comments from the public: Jim Stanton of Shamrock Development agreed the parkland is somewhat reduced, but after meeting with the engineering staffhe agreed to a proposed trail and a trail along the lake that will leave 75 feet from the shore. It has not been added in yet. If it is not sufficient he will write a check (parkland dedication). Stanton felt all the other conditions will be met before final approval. Ringstad questioned the easement between the proposed parks. Stanton said he would meet with staff and look at it before final plat and have it more centrally located. Lemke questioned the 36 foot street width. Stanton said it would not be a problem. The public hearing was closed at 7:59 p.m. Comments from the Commissioners: Lemke: . Concerns with the development have been addressed. . Have to make up for the two and one-half acres of park land. . Support. Perez: . The conditions will be met. . Stanton will negotiate the issues from staff and Commissioners. . Approve. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 13 Planning Commission Minutes April 12, 2004 Atwood: . Originally agreed with staffabout Outlot D piggybacking on to Jeffers property; however now concur with Commissioner Ringstad's suggestion of making the park more accessible and better situated for the entire addition. . Support the 32 to 36 foot wide street. . Looks great. Ringstad: . Question for staff - Assuming additional parkland is collected through 75 feet near the lake or other things. What formula is made to make up Y4 of an acre? Kansier explained how staff would calculate the difference. . All questions and concerns addressed. . Agreed with Commissioners to approve. Like to see a more centrally located easement between the lots. Stamson: . Respectfully disagree with Commissioners. Would recommend this not be approved by City Council. The problem with the park is they essentially took a preplanned PUD and made the lots smaller, put more houses on it and then made the parkland smaller. There is a proposed park adjacent but when you look at the whole PUD initially and planned so much parkland and houses, now they've increased the housing and decreased the park. They added a street and cut off access to the park. . We are getting a lot of "I think this will happen" on the next piece of property. Look how often we've had developers come in and say they can't give us parkland because the need to put a road here or there. It would be different if we could see the adjoining parcel. . We are going to end up with two little trails between a bunch of houses and we shouldn't trade for parkland elsewhere. This ends up not being a very useable piece of parkland. . How much use are the neighbors going to get out of it? Ifwe knew what Jeffers was going to do it would be different. There's too many questions. . Now we've added more people and it's not a good trade. We need to see what is on the other side. Atwood: . Can we place that as a condition until we get more definitive answers? Stamson: . For me this doesn't work. Atwood: . How far along is Jeffers' plan? Kansier said they are working on the plan and have a ways to go but staff has a pretty good idea. The leverage is whatever comes first. We can't condition this plat on adjoining property. It's not fair. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 14 Planning Commission Minutes April 12. 2004 . We can condition adding access to the park. Perez: . We can address this at final plat. Stamson: . Generally from this time to final plat there isn't that many changes. This needs major reworking without some kind of assurances from the Jeffers property. . The City is not getting a useable park. Ringstad: . Weare getting a useable park for the neighborhood. If Outlot D works fine for a park, great, if not, we should get a much larger cash dedication. It should not be jammed down the City's throat, we should be careful on how we look at Outlot D or the other proposal. . If some of these other items can make up the difference, wonderful, but if not, the City will benefit from a larger park dedication. There were further discussions by Commissioners regarding parkland. Kansier explained because it is an amendment the City has to follow the original PUD. Jim Stanton was recognized by Commissioner Lemke and addressed the park concerns. The land to the east has one of the largest park in town and this will adjoin it. He went on to explain the trail system. If the Commissioners have a problem with the wetland to exclude it and not include it as park, he will pay the park dedication fees. Stanton said he did not want anyone to feel they were shorted. Stamson: . Asked if the wetland was included in the original parkland dedication. Stanton responded it was. Herb Wensmann owns the adjoining land and they will work it out. He also explained putting the housing in the north area was to connect the two plats. Atwood: . Has great faith it will continue as planned. The adjoining larger park will have different accesses. MOTION BY LEMKE, SECOND BY ATWOOD, APPROVING AN AMENDMENT TO THE WILDS PLANNED UNIT DEVELOPMENT AS SHOWN ON THE PRELIMINARY PLAT FOR THE WILDS RIDGE WITH STAFF'S CONDITION. ADD A CONDITION OF A SECOND OR MORE CENTRALLY LOCATED ACCESS EASEMENT FOR THE PARK. Vote taken indicated ayes by Lemke, Atwood, Ringstad and Perez. Nay by Stanton. MOTION CARRIED. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 15 Planning Commission Minutes April 12, 2004 MOTION BY LEMKE, SECOND BY ATWOOD, APPROVING A PRELIMINARY PLAT TO BE KNOWN AS THE WILDS RIDGE, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicated ayes by Lemke, Atwood, Ringstad and Perez. Nay by Stamson. MOTION CARRIED. This will go to the City Council on May 3, 2004. The meeting recessed at 8:15 p.m. and reconvened at 8:22 p.m. D. Case #04-41 Wensco, Inc., is requesting an amendment to Section 1102.1202 of the Zoning Ordinance to reduce the required 200 foot setback from arterial roads for day care center outdoor play areas. Planner Cynthia Kirchoff presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. WENSCO, Inc. is requesting a Zoning Ordinance Amendment to reduce the required 200 foot setback from roads designated as principal arterials in the comprehensive plan for day care center outdoor play areas in the C-4 (General Business) use district. The applicant has a concern with the 200 foot setback requirement. Specifically, "WENSCO, Inc. has an interested Day Care business that has currently grown out of their facility located within the City of Prior Lake. The business is interested in re-Iocating to the Fountain Hills Business Park. However, the setback requirement from Co Rd 42 would virtually make the location financially impossible due to the additional area that would need to be purchased to accommodate the required play area and the area within the setback that would virtually be useless. It is imperative to the successful operation that the business is located on or adjacent to an arterial street." Based upon this information, the applicant has submitted language that would either eliminate the setback or required a 50 setback "if a physical barrier (i.e., ditch, retaining wall, elevation grade change, etc.) is present." If one is not present, then the 200 foot setback would apply. In summary, the Zoning Ordinance requires that outdoor play areas must be 200 feet from a principal arterial roadway as identified by the Comprehensive Plan. The applicant has proposed to either eliminate this setback or reduce it to 50 feet when a physical barrier, as defined by the ordinance, is present. Although the applicant has provided information from other communities indicating the setback is not appropriate, staff does not support a 150 foot setback reduction because the proposed setback appears to be based upon the characteristics of one specific property in Fountain Hills Business Park.e L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.d~ 16 Planning Commission Minutes April 12. 2004 Perez questioned the setback for playground equipment. Kirchoff responded it depended on the zoning district; typically parks are in the RI district and have a 25 foot front yard setback if the specific structure met the definition of a structure. Comments from the public: Applicant Kelly Murray, Wensco, Inc., said they were contacted by a business in Prior Lake to expand to a new location in the Fountain Hills Business Park. Most child care facilities have playgrounds on three sides. In contacting staff, they were informed of the 200 foot setback requirement, making virtually everything from the back of the building unusable. The building could be set to the minimum setback but the playground could not which didn't make sense. Wensco felt they would not have a lot of support from staff in requesting a single use variance. After doing a little research, Wensco did not know the rationalization for the 200 feet setback. Murray gave an example of a possible situation that could occur with a car going off the road. Murray contacted a surveyor who found a 22 foot difference on the grading. The staff report talks about pollution and noise but there are other daycare locations in town that are in the middle of a parking lot. Is that safer? Wensco is asking for the amendment to give flexibility for each site and situation. She contacted other cities to find out there were no other setbacks from parks and playgrounds. Murray said nothing is regulated by the State, it was something put into the ordinance and she still sees no good reason to keep it at 200 feet. She presented photos of play areas. Stamson questioned the lot depth. Murray thought it was deep with the height difference between the trail and County Road 42 and the top of the lot, the 50 foot setback will basically be a retaining wall. Kirchoff stated the lot depth was 332 feet. Murray said technically the building could be built 50 feet from the lot line. She did not feel the building could be reconfigured. It was her idea on the proposed language but welcomed anyone's revision. She felt the ordinance was too rigid. There were no other comments and the public hearing closed at 8:37 p.m. Comments from the Commissioners: Perez: . The first thing that strikes me is that staff states there is no public need for the amendment but there is a public need for the setback. Agree with staff . The Zoning Ordinance states one of the objectives is to ensure new developments includes design features such as buffering, screen and space separation from arterial streets, etc. By changing this amendment the ordinance becomes inconsistent. . Agreed with staff to deny the amendment. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 17 Planning Commission Minutes April 12, 2004 Atwood: . Agreed with Perez (on the ordinance objectives) - not only that, believes by implementing a subject provision ''the City believes that children who attend daycares abutting principal arterial roadways should be provided greater protection from the negative affects of the principal arterial roadways than those who attend daycares not on principal arterial roadways." . It is different for a daycare abutting County Road 42. . Will not support the change. Ringstad: . Agreed - The Commission does not need to apologize to having more stringent requirements for health and welfare of children in daycares. . There is not a need for a public amendment. It looks like we would be designing the amendment for the specific tailored use for one individual. . Will vote against it. Lemke: . Read through three different goals and objectives of the City to support the amendment. . County Road 42 would be a convenient place to drop off their children. The loading and unloading is clearly off the street. It is not a safety issue. It will be fenced. It comes down to whether the children in a play center are near County Road 42 are subject to pollution than they would be in the parking lot at Rainbow. . All the State inspection stations have been closed because they found cars are not polluting. It is not in the public interest. . A park could be closer than 200 feet where children play. . Support changing. Stamson: . The difference is that a park would not be built near County Road 42. . Lemke's argument would be solid if Prior Lake was a much more developed city. The reality is there are plenty of other places in town where a daycare could be built to meet all the conditions. Every lot in town is not going support every possible use. This is just a situation where this lot won't work for this particular business. The City could go through a lot to rewrite this to make the lot work with retaining walls and all that but we can't write an ordinance for every lot in town. We would be changing ordinances constantly. And we are not in a position we need to. . There is plenty of available land where this would work. . Does not justify changing the ordinance. There is no public interest. The industry can be supported with what exists. . The fact other cities do something different doesn't necessarily make them smarter than us. Maybe we're smarter than them. . Recommend not changing. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 18 Planning Commission Minutes Apri112, 2004 Lemke: . Allowing this does not necessarily make the business successful. Parents have to make the decision. If they do not want their children near a major road, let the parents decide. MOTION BY PEREZ, SECOND BY RINGSTAD, RECOMMENDING DENIAL OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF. Vote taken indicated ayes by Perez, Ringstad, Atwood and Stamson. Lemke nay, MOTION CARRIED. This item will go before the City Council on May 3, 2004. E. Case 04-20 Consider an Amendment to Section 1101.400 of the Zoning Ordinance including boat lifts and track systems as recreational equipment. Planning Coordinator Jane Kansier presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. The City staffhas received some complaints about the use of temporary structures for the storage of recreational vehicles. These structures generally include a fabric or metal roof or cover supported by poles anchored to the ground. Given the escalating price of off- premise boat storage, staff expects to see more structures of this nature. The primary complaint about the temporary boat covers is aesthetic. In addition, these "temporary" structures may eventually become permanent. On the other hand, recreational equipment is a fact of life in a lake community such as Prior Lake. The temporary storage structures provide an economical means to store this equipment. An amendment addressing these structures in the same manner as other recreational equipment may be in order. An amendment written in this manner would ensure the structures remain temporary, but would also address some of the aesthetic concerns by limiting location and the amount of time a structure could remain in place. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommended approval. Comments from the public: John Craig, 2855 Spring Lake Road, felt the language in the public notice was not clear. He was concerned with enforcement if the proposed ordinance regarding boatlifts is approved. Craig questioned the purpose of the amendment. Stamson explained why the issue came up as a housekeeping matter the City is identifying the problem. Craig discussed portable car ports not being included in the public notice. Kansier explained L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 19 Planning Commission Minutes April 12, 2004 this ordinance does not apply to carports, is ordinance is strictly for boat lifts, the covers and raillifts. Stamson explained the purpose of the amendment. Ray Sharp, 6591 Harbor Beach NE, President of the Harbor Association stated they have a DNR permit with 35 rail systems. He did not feel they were a building structure. The covers just are designed for recreational uses. Nowhere else in Minnesota would anyone consider this a building structure. Stamson advised they are in the State Building Codes. Sharp concurred with staff but said he was amazed it was even an issue. Kansier said many lake communities do not allow boatlifts on shore. They are only allowed in the water. Stamson pointed out Mound specifically prohibits them from being on shore. John Ellis, 6594 Harbor Beach NE, said a neighbor gave him a notice of a hearing in September of 2003 of the discussions. At that time, the discussions went from accessory structures to building structures. Ellis disagreed with the interpretation of the ordinance. Ellis also presented photos of The Harbor and felt it was more aesthetically pleasing to have canopies than have a bunch of boats wrapped up in different colored tarps. Sherry Newtson, 14330 Rutgers St, said she owns the canopy structure under discussion and wanted to submit 13 pages of information for public record. She asked the Commissioners to consider the amendment. Marv Mirsch, 15432 Red Oaks Road, felt a statement in the Watercraft Canopy definition was not correct and explained a rail system. He did not feel the State Building Code required a building permit for a rail system or canopy. If the requirement remains in the ordinance the rail system will not be allowed. Several people leave a canopy over their boat all year round. He did not know of any rail system that has a mechanical link to hold up a canopy. If this is not clarified it will be the fatal flaw in the amendment. Building Official Bob Hutchins addressed Mirsch's concerns and explained you can have a rail system but the canopy has to be structurally designed to withhold all the wind loads and setbacks ofa structure. It is not restricting the use of having the canopy on the shore at all. The structure turns into a year round building on the lake. Its not that you can't have it, it has to meet the impervious surface and setbacks from the side yard. The lifts come out of the water in the winter. When someone has a rail system the canopy structure is located there 365 days a year. This will regulate where they are set - ordinary high water mark, side yard setbacks, impervious surface and structure requirements for the canopy. It's not that you are being restricted at all. Marv Mirsch, 15432 Red Oaks, said he did not understand that at all. If the setbacks are 75 feet from the lake, a canopy and rail system has to be 75 feet. Kansier clarified the setbacks for accessory structures are 50 feet unless there is a slope if it is intended to be a L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 20 Planning Commission Minutes April J 2. 2004 permanent structure. Mirsch argued these are open structures and not a building. Kansier explained under the Building Code they are considered a structure and require a building permit and have to meet the wind and snow loads. What staff is trying to do is strike a compromise between some of the issues and the fact that people still want to use this type of equipment. Staff is trying to address both the safety issues and building code concerns and still allow people to use them. Mirsch said the building codes are for people activities and structures. Rail and boat systems are not a people rated structure. Building Official Bob Hutchins addressed Mirsch' s comments and explained the code. The City is trying to protect the public and the neighbors from the covers from lifting up in the wind. Structures that are up 365 days a year affect the impervious surface as well as the look of the lake shore. Tom Reichert, 6586 Harbor Beach NE, said the Harbor has 30 or so rail systems each of which is $7,000 or $8,000 a piece. One of the advantages is they can get the boats out of the water to protect them. If someone says there is more chance of a wind blowing the canopy off - that is ridiculous. The real storms come in the summer. Reichert said he did not understand what is going on. He sees canopies all over. There is a big cost. If the boats are left in the water the life span of the boat would be shorter. This is so obvious that a rail system is the way to go anywhere in Minnesota. The Crosslake area has them all over. He couldn't believe the City would say this is wrong. Stamson again explained the propose of the amendment. A fairly lengthy discussion followed by the public attending and Commissioners explaining the purpose of the amendment, impervious surface and setbacks. The public speakers were primarily concerned about the impacts of the proposed amendment. The Planning Commission and staff clarified the proposed amendment. The public hearing was closed at 9:35 p.m. Comments from the Commissioners: Ringstad: . Staffhas hit the spirit of the amendment. . Support the change. Lemke: . Explained his interpretation of the definitions. Weare trying to subtract not add problems. . Support the integral definition. If that's not the definition then I can not support it when it comes to rail systems. . It's a fact of life on the lake, would rather not get into a situation where someone is building a 4x4 structure, throwing it up and saying it's a canopy. It would be L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 21 Planning Commission Minutes April 12, 2004 better to have a kit where it meets the fire codes. The manufacturers are somewhat responsible. · Lived on the lake through the late 1990 sUIrtmer stonns and had to replace the roof. Respectfully disagree with the Building Official as the building he says does, didn't and the canopy stayed in place. Perez: · Agreed with the definition. It seems to have clouded some perceptions. If that is the direction staff wants to go it needs to be attached, then I would take the "integral" part out of the definition. · The Commissioners have talked at length on this. The proposed amendment is as close as we are going to get. . Support with the change. Stamson: · There was a great deal of discussion on this. It is a difficult issue because there are so many possibilities that you need to define what you are looking for. · The proposed ordinance does an excellent job of solving the quandary for people who currently own boatlifts that technically could be considered noncompliant. It solves boatlifts, to some extent rail systems. · Many people tonight were confused by the definition. · Agreed the manufactured canopies are correct and acceptable. There are others who simply went out and bought blue tarps with some kind of hoop system and they are an eyesore. The difficulty has been defining one versus the other. This ordinance does a good job in addressing 90 percent of the covers. The other 10 percent is staff s working definition of "integral", what they decide "integral" is. · My recommendation is that canopies built and installed by the same manufacture is an integral part of the system whether they are attached or not. . Comfortable with the amendment and should move forward. Ringstad: · The word "integral" at face value is not suppose to be a subjective word. With everything we heard for the last hour, there is some subjectivity to go with it. · With respect to the same manufacturer purchasing it at the same time, to me that is an integral part of the entire unit or system. · Ninety percent of this will be achieved with the language, maybe there might be a little more work, but this is better than where we've been. Kansier said staff can define "integral". If the word is removed, it will be further limiting. The Commissioners agreed. Commissioner Atwood left the meeting. MOTION BY LEMKE, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 22 Planning Commission Minutes April 12, 2004 Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on May 3~ 2004. 6. Old Business: None 7. New Business: A. Discuss Comprehensive Plan Goals and Objectives. B. Discuss Comprehensive Plan Draft Map. Planning Director Don Rye presented the Planning Report dated April 12, 2004, on file in the office of the City Planning Department. As part of the on-going Comprehensive Plan update process, staff has prepared some suggested modifications to the Goals, Objectives and Policies section of the Plan as well as a first cut draft Land Use Plan for Planning Commission consideration. The Goals and Objectives form the framework upon which the rest of the Plan is built. For that reason, it is important that Commissioners carefully review the attached Goals and Objectives. The modifications suggested are intended to reflect changes having occurred since the original Goals and Objectives were adopted in 1999 as well as to eliminate some redundancy. Commissioners should also determine if any of the Goals and Objectives are inconsistent with community values and be prepared to suggest any changes as necessary. While a final decision on the map will not be made for some time, it is important to begin finalizing the map. Goals H and I are new - Rye briefly explained the Urban Expansion Area (yearly annexation area) and Efficiency in Government (exploration of partnerships with other agencies - other governmental agencies, businesses, citizens). The City is also working closely with the Prior Lake Spring Lake Watershed District. A brief discussion followed with the newly annexed areas developing and potential runoff Issues. Most of the draft information will be done in July. The model and system development will not be finished until the end of the year. Lemke felt there was nothing in the document he could disagree with. The Commissioners felt it was a straightforward document. The map is a work in progress. There are a number of park things to be added. L:\04 FILES\04 PLAN COMMIS\04pc Minutes\MN041204.doc 23 Planning Commission Minutes April 12, 2004 8. Announcements and Correspondence: Comprehensive meetings are set for April 13, 15,21 and May 4th. The City will be taking comments from the public and will pass on the information to City Council. Kansier wanted to know if the Commissioners would like Community Development Director John Sullivan to give an overview of the McComb Study at the next meeting. The Commissioners agreed. 9. Adjournment: The meeting adjourned at 10:14 p.m. Connie Carlson Recording Secretary L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN041204.doc 24 PUBLIC HEARING Conducted by the 1an!ling Commission IL The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE-PLEASE PRINT N~ IVF p,<: lOv lit k. L:\DEPTWORK\BLANKFRM\PHSIGNUP .doc