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HomeMy WebLinkAboutFebruary 28, 2005 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 28, 2005 Fire Station - City Council Chambers 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: None 5. Public Hearings: A. #05-06: Kwik Trip, Inc., has submitted an application for a Conditional Use Permit and Site Plan Review for Kwik Trip (Motor Fuel Station) on a commercial site located at the SE corner of Co. Rd 83 and 42. B. #04-149: Shamrock Development is requesting the Preliminary and Final Plat for The Wilds North 3rd Addition consisting of 1.21 acres to be subdivided into 4 lots for single family dwellings. This property is located directly south of CSAH 42, west of Wilds Path and north of Cougar Path. C. Discuss 2030 Comprehensive Plan . Chapter 5 Transportation . Chapter 6 Parks and Trails . Chapter 7 Surface Water Management . Chapter 8 Sanitary Sewer . Chapter 9 Water System Plan . Chapter 10 Implementation Program . Chapter 11 Community Facilities . Other discussions 6. 7. Old Business: New Business: None A. Consider the Vacation ofa Drainage and Utility Easement located at 15305 Breezy Point Road. B. Annual Complaint Sununary Report C. Annual Variance Summary Report. 8. Announcements and Correspondence: 9. Adjournment: L:\05 FILBS\OS PLAN COMMISSION\OS AGBNDAS\AG02280S,DOC . f . I k www.cltyopnorae.com Phone 952.447.4230 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 28, 2005 1. Call to Order: Chairman Starnson called the February 28, 2005, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Billington, Lemke, Perez, Ringstad and Stamson, Planning Director Jane Kansier, Planning Coordinator Danette Moore, Public Works Director Bud Osmundson, City Engineer Steve Albrecht and Recording Secretary Connie Carlson. 2. Roll Call: Billington Lemke Perez Ringstad Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the February 14,2005, Planning Commission meeting were approved as presented. 4. eonsent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. #05-06: Kwik Trip, Inc., has submitted an application for a Conditional Use Permit and Site Plan Review for Kwik Trip (Motor Fuel Station) on a commercial site located at the SE corner of Co. Rd 83 and 42. Planning Coordinator Danette Moore, presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. Kwik Trip, Inc. has applied for a conditional use permit to establish a motor fuel station within the Community Business Zoning District. The site is within the Wilds North 4th Addition and is located at the southeast corner of CSAH 83 and CSAH 42. The property is zoned C-2 (Community Business) and is guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map. The C-2 Zoning District allows motor fuel stations by conditional use. The Planning Commission held a public hearing for the request on January 10, 2005. Since that time, the applicant has withdrawn the original proposal and resubmitted a new L:\OS FILES\OS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 1 Planning Commission Meeting February 28, 2005 application. In response to a neighborhood meeting held on February 22, 2005, the applicant has submitted an amended plan. This report has been updated to reflect the proposed changes. Since the time of the February 220d neighborhood meeting, the applicant has proposed revising the project to include the following: . An increase in the width of the boulevard surrounding the Kwik Trip project along Wilds Path, which would allow for an increased area to provide additional screemng. . Increased scrcening along Wilds Path with the combined use of a berm and decorative retaining wall. In relation to the elevation of the sidewalk along Wilds Path, the berm would extend two additional feet (2') in height at its lowest point and increase to three feet (3 ') at its highest point. In addition, at the highest point of the berm a decorative retaining wall would be constructed that would provide an additional three (3') feet of screening. The retaining wall can not exceed four feet (4'), as it would be considered a structure and would not meet structure setback requirements. The applicant will also be required to provide adequate landscaping along the berm/retaining wall to meet the code requirements. . The reduction of signage. This involves the removal of the pylon sign and wall signs facing the residential area along Wilds Path. . Modifications to the gas-pump island canopy. Originally, the applicant had proposed a flat roofed canopy (20 feet in height). As an alternative, the applicant is proposing a pitched roofline with asphalt shingles, to appear more consistent with surrounding roof tops. The proposed motor fuel station is allowed in the C-2 district with approval of a conditional use permit. In order to meet the criteria, staff recommends the following conditions: I. eonditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use. shall be adhered to. 2. Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. 3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. 4. Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. 5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm. 6. All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. 7. The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. L:\OS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 2 Planning Commission Meeting February 28, 2005 8. The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. 9. The applicant shall obtain sign permits to assure proper signage size and placement. Comments from the Public: Scott Tiegen, representing Kwik Trip, gave a brief history of the Kwik Trip stores headquarted in LaCrosse, Wisconsin. They are a Christian based family- run business and would like to be good community members. Kwik Trip actually came into the business from the grocery store side related to Gateway Foods and Rainbow compared to other convenience stations coming in from the gas side. Since the neighborhood meeting Kwik Trip has made significant changes in their proposal. Their goal is to make the neighbors the best customers. They feel Wilds Path will be able to easily accommodate the anticipated traffic. Tiegen indicated there was a lot of discussion at the neighborhood meeting and they heard the neighbors' concerns. Kwik Trip redesigned their sloped roof canopy, increased the landscape screening, noise from the carwash and removed the signing along the residential side of the project. Kwik Trip felt they made changes to accommodate as much as they can and still maintain the integrity of the store. Tiegen also spoke on the noise and hours scheduled for the carwash. Tiegen said they briefly talked about alcohol and tobacco at the neighborhood meeting and explained their precautions. Tiegen stated Kwik Trip meets and exceeds all of staffs conditions and concerns with the Conditional Use Permit. Jeremy Schammel, 2812 Cougar Path, said he did not feel Kwik Trip is an eyesore or bad company however they cannot address two of the permit conditions. Schanunel stated he is emotional and does not want this. It is a 24-7 operation selling alcohol and tobacco. The Farmington and Savage Kwik Trips had violations. It brings crime. His kids will be playing in the neighboring park. In addition the access is right across from Cougar Path. Schanunel said he was disappointed when Cougar Path connected to County Road 83. Everyone knew the area was zoned commercial and it would cause problems bringing cars in. Schanunel stated there were so many better uses for this land that would not bring traffic into their neighborhood. Many people will use the neighborhood streets where the neighborhood kids like to play in the street. Ninety percent of the community has kids under the age of 10. So it will be a danger. Schanunel pointed out #5 of the CUP conditions regarding "the use will not have undue adverse impacts on the use and enjoyment of property. . ." Schanunel stated there would be beer cans in the park on Saturday morning. There will be cigarette butts everywhere. It's going to happen. Schanunel stated people are going to leave Mystic Lake, go down to the gas station, buy booze and cigarettes and the park will be a natural place for them to congregate especially since Kwik Trip will keep them off their property. Unfortunately the people will go to the park. He does not want this in his neighborhood. L:\OS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 3 Planning Commission Meeting February 28, 2005 Bob Fust, 2852 Cougar Path, wanted to echo some of Schammel's concerns. Kwik Trip has ten sites in the southwest metro area. There is only one that "dumps" directly into the neighborhood streets. He felt this was a detrimental impact to the neighborhood. They do not want a gas station/convenience store in their neighborhood. It was not the intent of the plat when the neighborhood was laid out. Emily Coleman, 2748 Cougar Path, stated they were extremely concerned with a gas station going in. They knew when they built their house it was a commercially planned area. The gas station proposal was never brought up and if they had known it, they would never have built in the area. They felt The Wilds would be a safe place to live. The sale of tobacco and alcohol are a concern for her. She stated Kwik Trip cannot control the type of customers or where they are going to go after they leave the store. Rick Tremmel, 14171 Badger Circle, stated his main concern is the people coming on and off County Road 83. Tremmel explained the traffic going back and forth to the casino. It is dangerous taking a left -had turn and its just asking for an accident. People leaving the convenience store heading toward the casino are going to be playing "chicken". Weekends are even worse for traffic. Everyone is on their way to Mystic Lake, in a hurry to lose their money or win the big jackpot. People driving over the hill have lost money and will not be in a good mood and probably driving 55 mph. This is a recipe for a bad traffic accident. Erik Plaisted. 14170 Woodchuck Trail, said his concern was for safety. People using the gas station will not be living in the neighborhood and will speed. His concern is for the children's safety. He said he did not understand why the access had to be off Wilds Parkway. It seems inconvenient for Kwik Trip and the neighbors. Shane Foster, 2817 Cougar Path, said he just found out about this and is coming into the situation late. Had he known there was going to be a gas station he would have never built in this area. Foster stated he lost a child in an accident and did not want to have to deal with that again. He felt a large percentage of customers will drive through the neighborhood as a short cut. Theresa Nordstrom, 14195 Badger Circle, said she agreed with everyone and would not have built if she knew a gas station was going in. Nordstrom ask the Commissioners to take into consideration the neighbors feelings. She stated she did not know if she would be able to let her kids play like she would in a small town area and that is what she thought Prior Lake was. Rudy Curtler, 2661 Cougar Path, stated there were over 20 children under the age of 10 within 600 feet of the gas station. He also pointed out a park is still in the neighborhood. He felt there was a likelihood of an accident. There is also a derogation of the quality of life of the individuals using the park. Consider the facts and emotions of the residents. Kurt Krivits, 2849 Cougar Path, said he moved to Prior Lake to become part of a small town community. He lived in Eden Prairie behind a strip mall and felt there was a lot of L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 4 Planning Commission Meeting Febrwuy 28, 2005 traffic. He wants to protect his children and felt all the traffic from the gas station would jeopardize their safety. Terrie Schammel, 2812 Cougar Path, said the additional traffic will bring more crime into the neighborhood. It is bad enough right now for our kids to play outside with the additional traffic to the park. The additional traffic brings in additional crime. Mystic Lake is a non-alcoholic facility - people coming by after being at the casino losing money - because we know it's a place where people often do not win millions. They will stop at Kwik Trip and turn around to see half a million dollar homes. If you don't think that will bring in additional crime you're crazy. Schammel understands there are legal standings behind accepting or denying this CUP. This will adversely affect the crime in their neighborhood. She felt it was hard to raise children with the potential crime. Schammel stated she stopped into the townhomes to talk to the ladies - they didn't even want to discuss the gas station. Schammel said three of the realtors were concerned they would not be able to sell the townhome units if a gas station went in. She stopped at SuperAmerica with 3 police cars and does not want to see that in her neighborhood. Schammel said doesn't care that Kwik Trip is a Christian family run business but it is not right for her neighborhood. A gas station can be built on one of the other three corners. Brad Fry, the engineer for Kwik Trip said the main concern they heard from the neighborhood was "traffic". They had a traffic study done and proved that the traffic counts would be less than what the City and County had designed. Wilds Path and can handle an additional 3 to 4, 000 additional vehicles per day compared to what the road will be designed with their site including a commercial strip mall. Kwik Trip did address what the Planning Commission wanted to hear and are okay with the traffic counts. Patrick Stevens, 14190 Circle, said it boils down to safety. Regardless ifthe road can handle it, it has to be safe. Any given day you can see 10 to 15 people out in the street. Think of safety first. This station will impact his family. He felt there could be better business for this location. There could be thousands of businesses coming in not going to be open 24/7. He owns two businesses and would love to have his business here. Who needs this? He is excited to live in Prior Lake and want to stay here. He called everyone and no one told him a gas station would be in place. Now they will have people throwing beer cans, smoking in the park, driving fast, pissed off because they lost money at the casino. He asked to consider his concerns. Mike Cassidy, 2695 Cougar Path, said his concern was that Wilds Path was never supposed to connect to Cougar Path, he would have never moved here. He moved from Savage with similar problems. Taxes will not be lowered because of the change. His concern is the value of his neighborhood. Cassidy stated he knew there was going to be commercial businesses on the comer but didn't think the road would connect to Cougar Path. L:\OS F1LESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 5 Planning Commission Meeting Febnuuy 28, 2005 Ivy Tremmel, 14171 Badger Cir, said she wrote several emails to the City Council members with Kwik Trip taking steps for the safety of their children. What is Kwik Trip doing to decrease the potential for accidents in the neighborhood? She was concerned for the noise from trucks, carwash, beer trucks, fuel tankers, other deliveries. They do not want those trucks in their neighborhood. There is potential for crime. Kwik Trip cannot say they are not a crime-free store. There are all kinds of problems with convenient stores. She would like them to preclude selling alcohol. Vote your conscience. Jim Stanton, Shamrock Development, 3200 Main Street, Coon Rapids, said he did not want to see the neighbors unhappy, but wanted to set a few of the facts straight. He specifically gave up $137,000 to get the hill lowered on County Road 83. He also gave all the land along the road for right-of-way so the site lines were lowered and correct. It should be a relatively safe intersection stated by the engineers. It is a fact - Cougar Path was not originally connected to Wilds Path. Wensmann Homes had to change with the planning with townhomes. They did not know how it was going to be developed at the time. The County determined the access. Stanton said Shamrock did not mislead anyone. As to the street - Wilds Parkway is a wider street specifically designed for commercial use. There will be substantial traffic. It was brought up at the neighborhood meeting that Kwik Trip or the other commercial uses take direct access off County Roads 42 or 83. We can't - the County wanted 1,000 feet from the intersection. That is why some of the accesses were eliruinated. He had to give up some of the other connections. It was also stated a few times that someone called Shamrock Development - he did not recall talking to anyone who said a gas station would not be going in. No one would say a gas station would not go in. Ifthey were asked what was going in, if they omitted a gas station, I'm sorry. A bank is interested in going in as well which will generate a lot of traffic. Stanton said he was addressing land uses but also wanted to comment on the alcohol concerns. He did not feel people coming back from the casino would be drinking on site at the station. The zoning is correct. He would like to see this proceed. Jeremy Schammel, 2812 Cougar Path, felt a bank would be great because it wouldn't be open 24-7. It would be a fitting use and would not object. Terry Schammel, 2812 Cougar Path, stated several residents called Shamrock and was told it was zoned light commercial - coffee shop, dry cleaners. Laura Curtler, 2661 Cougar Path, stated she loved moving to Prior Lake with its small town feel. Her main concern is with the store in close proximity of the park. She is not concerned with the alcohol and tobacco sale. She said she is worried someone would swipe her child as they drive by. Mary Mooney. 14167 Woodchuck Trail, wondered if a traffic study was done on Cougar Path. People could drive up Cougar Path just as easily as driving on Wilds Path. L:IOS F1LESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 6 Planning Commissum Meeting February 28, 200$ John Meyer, 2709 Cougar Path, said he grew up in a small town where his friend owned a Conoco station and specifically built away from a development because he was concerned with crime. Meyer stated most of us have been teenagers and at some point someone will be wrecking his property and that worries him. His other concern is to find a way close off Cougar Path which is 85% of the problem. The public hearing was closed at 7:31 p.m. Comments from the Commissioners: Ringstad: . Any alternatives to closing off Cougar Path? . Albrecht addressed the problems of closing Cougar Path - Prior to the townhomes, the outIots adjacent to their homes were developed showing Cougar Path not connected with the single family homes was to divert the traffic out of the neighborhood. If the Cougar Path was not connected, there would be significant traffic using Cougar Path up to County Road 42 as a way to get to 42. The purpose of the Cougar Path connection was to divert the high density traffic out of the residential neighborhood. If we were to close off that section. traffic would increase on Cougar Path. The traffic on Wilds Path would decrease. It would be a less desirable situation with full build-out. That was the reason for the connection. Kwik Trip was not concerned whether it was connected or not. it's not their main concern. There could be some traffic leaving Kwik Trip confused with the directions and may go down Cougar Path, it is not one of the main patterns. A traffic study was done on Cougar Path and the volumes are well below what a 32 foot street can handle and are not significant volumes. There will be some traffic that will stray, but Wilds Path will be the main path. Prom a safety and traffic flow standpoint, staff still feels having Cougar Path open has more benefits to the residents than closing it off. There are also issues of getting emergency vehicles down to the multifamily residents. It's a quicker way to get vehicles in off of County Roads 83 and 42. Perez: . Can understand the emergency vehicles, but what the neighbors would say they would take a little more traffic on Cougar Path just to keep it closed off. . Albrecht stated Wilds Path was built as a collector street for more traffic. We wouldn't be pushing a high density residential development through Cougar Path. Taking emotion out of this and looking at it from a pragmatic standpoint of how one would minimize the most traffic in Cougar Path. That minimizes the most traffic by leaving the connection open. There are two types of traffic - Kwik Trip (and future businesses) and neighborhood. You would eliminate any possibility of cars from Kwik Trip straying through the neighborhood. however, there are going to be some, but it will be minimum. Cougar Path is not a cut-thru. Right now the townhome residents are not in the neighborhood yet - the homes are not built. That is staffs concern. . Perez said he understands but the neighborhood does not see it that way. L:\OS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 7 Plilnning Commission Meeting February 28, 200S . Albrecht explained the traffic flow would have fewer cars than with the closed off Cougar Path. Ringstad: . Asked if there were any other ideas such as making Cougar Path a one-way or extending a median where it ties into Cougar Path from Wilds Path. . Kansier displayed the median proposal - Albrecht explained the problems with closing off Cougar Path causing more accidents. . Regarding the "exit only" and "one way" scenarios - Albrecht explained they are all possibilities, however there are problems associated with them. Stamson: . Questioned how residents would get to the townhomes. Albrecht responded they would have to come off County Road 42 or Cougar Path which is still forcing traffic on Cougar Path. That was staff s concern. All the options will increase traffic on Cougar Path. They would not address the neighbors' concerns for traffic. The multifaruily residents would be impacting the single faruily neighborhoods more than it would before. Ringstad: . Bike path on Wilds Path - The amount of traffic will clearly increase on Wilds Path with or without Kwik Trip. Are there plans to put a bike path to take the walkers and bikers offthe road? Albrecht stated there is not one at this time. . How long has this property been zoned? Did all of this happen at once? Kansier said it has bcen zoned commercial since at least 1996. There was actually more commercial area cut back to allow for the townhomes and more single faruily homes until just a few years ago. It has been scaled back from the original. . Attended the Wilds neighborhood meeting and drove every street and listened to everyone's concerns. . Been struggling with emotion versus facts - called the police chief and asked if there was a connection on the increase in crime with convenience/gas stations and he said "No, there isn't any." That's fact. Emotion may say if we have tobacco and alcohol there will be an increase in crime. In talking to the police it is not what I am hearing. . There is going to be increased traffic on Wilds Path with or without Kwik Trip. . The entire strip is zoned commercial. The road is going to get busier. Right now there is nothing on it. As evolves in the next I to 5 years it will fill up and traffic will increase. . There will be a strip mall there. With the increased traffic residents will have to make decisions about sending their children to the park. Again, with or without the Kwik Trip. . The property has been zoned commercial for years. It is a permitted use within the zoning. . Will support. L:IOS FILESIOS PLAN COMMlSSION\OS MINUTESIMN02280S.doc 8 Planning Commission Meeting February 28, 200S Billington: . Believes Kwik Trip is a class act. Their businesses have been successful in other places and they make an attempt to fit into the setting. The concern is the increase in traffic. . It is a small site with a lot of traffic. It's a safety issue. There will be more homes. . In reviewing the Comprehensive Plan - this project may not fit into the perimeters in respect to the Comprehensive Plan verbiage. . There are issues with the language with the Comprehensive Plan. . Billington quoted "E" Industrial.... . Will be hard pressed to support given the circumstances of the application. Lemke: . Ringstad has echoed some of his feelings - he supported this a few weeks ago and will do so again. . Tobacco and alcohol may not fit into your lifestyle or mine but it is legal. . This is zoned for a motor fuel station. . It is my opinion - it is not detrimental to the City. . It is my judgment that the conditions have been set up by staff and have no choice but to support. Perez: . Was on the other side of the fence on January 10 having denied it. . Ringstad brings up there is a lot of emotion, however there are facts. . I was looking at emotions the last time because we did not have facts. . We have the traffic study - the street is well under what it can accommodate. . It was unfortunate residents were told it was suppose to be a coffee shop. It is zoned for a gas station. And has been for a long time. . Kwik Trip has increased landscaping, signage and changed what they could. . The use has been brought up - just because the neighbors don't want it on this comer, it meets the conditions of the CUP - to deny it would be very difficult. . Wanted to bring up the deliveries before 6 a.m. . Approve. Stamson: . Talked about the C3 zone and obviously going to be commercial. It is undeniable a commercial area being adjacent to the County Roads. What hasn't been discussed why motor fuel stations are a conditional use permit. . The problem is #5 of the Findings. The use will not have an adverse impact. . .. The trouble is the 50+ townhomes across the street. . Not worried about the traffic on Cougar Path - it is not going to be that significant. . Concerned with the street design next to the townhomes. It is the natural use of a gas station. It is going to have bright lights, traffic at 2 a.m. Most other uses in the C3 are not going to have the uses like a motor vehicle station. They close after 5 p.m. L:\OS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 9 Planning Commission Meeting February 28, 200S . Gas stations are appropriate in other areas and accesses go through neighborhoods. Example - Boone Avenue in Savage. The station traffic goes through the neighborhood. . The problem I have is the townhomes sit on the activity side of the gas station. . The people who drive past are going to be casino patrons at 2:00 a.m. It is not like other gas stations in town. That's where the problem is. . Other traffic dies out at night. . Would have not problem with other commercial businesses but the 50 townhomes will have problems at night. . Will not support. Open discussion: Ringstad asked Stamson what his principal reason was to vote against it. Ringstad said he heard at the neighborhood meeting the neighbors felt they were lied to with respect with what potentially would go in on the comer. With respect to the townhomes - those individuals will have a choice whether they want to live across the street from a gas station. It will be pre-existing. There are no surprises. Stamson said it comes down to design. Is the area going to be blighted over time? It's the fact - should we build this close to this type of use - next to homes? The townhomes were platted first. We have to look at what is going in. Lemke said not a single realtor or the company developing the townhomes came tonight or previously to express that opinion. We discussed this area several years ago. It was going to be high density housing next to a commercial area. The commercial area is there and we have a permitted use. Starnson said he didn't disagree and explained his interpretation of the Conditional Use Permit. Lemke and Stamson discussed legalities. Lemke said he had not heard any legal Findings of Fact to deny it other than some people do not want it. Stamson stated crime or traffic is not an issue, nor the park. The hours of operation and drawing traffic from Mystic Lake which is another 24/7 operation is potentially a very high volume of use that is not generally at other stations. It's the impact on the closest neighbors. If the townhomes were up the road, it wouldn't be a problem. It can't be Initigated. There's not enough space to berm. Stamson said its not that Wilds Path cannot handle the traffic. Crime is not going to be an issue. People are not going to buy beer and head to the park to drink. There isn't even a parking lot. Cougar Path traffic is not going to be an issue either. It will impact the closest neighbors - the unbuilt townhomes. Moore and Kansier presented the layouts. It is closer to 150 feet from the pumps to the townhomes, about sixty feet from the property lines. L:IOS FILESIOS PLAN COMMISSION\OS MINUTESIMN02280S.doc 10 Planning Commission Meeting February 28, 200S Stamson suggested mitigating to limit the hours. The Commissioners discussed the additional problems with realigning the access. MOTION BY LEMKE, SECOND BY RINGSTAD, APPROVING RESOLUTION 05- 02PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION WITHIN THE C-2 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS INCLUDING AN ADDITIONAL CONDITION THAT DELIVERIES ARE LIMITED TO 6 AM TO 10 PM. Vote taken indicated ayes by Lemke, Ringstad and Perez. Nays by Stamson and Billington. MOTION CARRIED. Stamson explained the appeal process. Kansier clarified the appeal is to the specific 350 foot radius. A recess was called at 8: 10 p.m. and reconvened at 8:20 p.m. B. #04-149: Shamrock Development is requesting the Preliminary and Final Plat for The Wilds North 3rd Addition consisting of 1.21 acres to be subdivided into 4 lots for single family dwellings. This property is located directly south of CSAH 42, west of Wilds Path and north of Cougar Path. Planning Director Jane Kansier presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. Shamrock Development has submitted an application for approval of a combined preliminary and final plat consisting of 1.57 acres to be subdivided into 4 lots for single family development. The property is located on the south side of CSAH 42. west of Wilds Path and north of Cougar Path. A portion of this site was originally platted as Outlot C, The Wilds North. The remainder of the site is an unplatted parcel that was the site of a single family dwelling. That dwelling was recently removed. The proposed combined preliminary and final plat is consistent with the existing development of The Wilds North and the Zoning and Subdivision Ordinance. The staff therefore recommends approval, subject to the following conditions: I. Revise the plans showing the removal of the median and paving of the median area or remove Lot 4 from the plat. The median disrupts the entrance and egress from the driveway on Lot 4. The proposed driveway does not follow the existing driveway path. The City did not require the median as part of the Wild's North plat. 2. The services for lot 4 should be moved to the driveway location. L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 11 Planning Commission Meeting Febrrw.ry 28, 200S 3. The applicant must obtain all necessary permits from Scott County, the Prior Lake Spring Lake Watershed District and any other governmental agencies prior to grading on the site. 4. The final plat of "The Wilds North 3rd Addition" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Reductions of the entire final plat are submitted, to the following scales: I" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. d. Three mylar sets of the final plat with all required signatures are submitted. e. The developer provides financial security, acceptable to the City Engineer prior to release of the final plat mylars. f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by this date will render the final plat null and void. Questions from the Commissioners: Lemke: . Was one of the conditions the removal of the driveway access off County Road 42? Kansier said it was and explained the access. Comments from the Public: Applicant, Jim Stanton of Shamrock Development, stated he basically agrees to all the terms but will discuss the island length with the Public Works Director. Given that, he will shorten island but not remove it. The public hearing was closed at 8:27 p.m. Comments from the eommissioners: Billington: . Reviewed the plan and it is laid out very nicely. The conditions make sense. . Supports. Lemke: . Questioned if the land across Wilds Path was commercial. Kansier said it was. . Could there be a condition for the future homes to be given a copy of the commercial zoning? Kansier said staff could not make that a condition but it would certainly be available to anyone who wants to come in and ask. . Support. Perez: . Support with staff's recommendation and conditions. L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 12 Plo.nning Commission Meeting Febnuuy 28, 200S Ringstad and Stamson: . Concurred. The design works. . Stamson pointed out he supported the islands. The more islands the better. MOTION BY BILLINGTON, SECOND BY LEMKE, RECOMMENDING APPROVAL OF THE COMBINED PRELIMINARY AND FINAL PLAT TO BE KNOWN AS THE WILDS NORTH 3RD ADDITION, SUBJECT TO THE CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This will go to the City Council on March 21, 2005. C Discuss 2030 Comprehensive Plan (continuation) . Chapter 5 Transportation . Chapter 6 Parks and Trails . Chapter 7 Surface Water Management . Chapter 8 Sanitary Sewer . Chapter 9 Water System Plan . Chapter 10 Implementation Program . Chapter 11 Community Facilities . Other discussions Planning Director Jane Kansier, Public Works Director Bud Osmundson and City Engineer Steve Albrecht presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. The preparation of the Comprehensive Plan began in early 2004. The City hired several consultants to prepare the technical reports necessary to complete the plan, including the transportation, stormwater, sanitary sewer, water, and park elements. The City staff also conducted a series of public information meetings with the areas which could be most affected by the changes in the plan. On February 14,2005, the Planning Commission conducted the first public hearing, focusing on Chapters 1-4. The hearing was continued to February 28,2005. The focus of this hearing will be on Chapters 5-11. The Planning ComInission may also take testimony on the any other part of the Comprehensive Plan, since the hearing has not been closed. Chapters 5-9 are the most technical components of the Comprehensive Plan. All of these chapters were prepared as separate plans by City Consultants, with the assistance of City staff. The information included within the actual Comprehensive Plan document could be considered more of an executive summary of each of the complete plans. These chapters include the major policy issues and directions, but do not include the complete L:IOS FlLESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 13 Planning Commission Meeting February 28, 200S technical detail. The full plans, which must be approved separately by different state and regional agencies, include all of the necessary detail. The following is a summary of each Chapter: Chapter 5. Transportation - Public Works Director Bud Osmundson The City of Prior Lake adopted its first Transportation Plan in 1995. This plan was developed to provide a better understanding of transportation and growth issues that the City was experiencing. The Plan was updated in 1998, as the transportation element of City of Prior Lake's 2020 Comprehensive Plan. The major goal is intended to provide an integrated transportation system that will adequately serve the needs of City of Prior Lake's residents and provide support to the metropolitan transportation system that lies within its boundaries. The Commissioners and staff had a brief discussion on collector streets including street width range. They also touched on sea plane (aviation) regulations and time lines for redevelopment and upgrades. Chapter 6. Parks and Trails - Public Works Director Bud Osmundson The Prior Lake Park and Trail System Plan is designed to provide a comprehensive and interrelated network of parks, trails, and natural resource areas for public use. The plan is based on an assessment of need and follows a system-wide park and trail planning approach. Osmundson also touched on possible parks in the annexation areas. It was pointed out that all of the parks/trails/athletic fields are based on development. Ringstad questioned if there were any relationships with civic organizations in adopting a park (i.e. The Lions and Sand Pointe Park.) Osmundson responded not at this time but it would be a good way to help build parks. Ringstad asked if there were any updates on a trail extending along Highway 13 or a trail that would encompass the entire City. Osmundson said staff originally had Highway 13 in the future trail plan. However, to build it would very, very expensive without a major reconstruction of the highway. MnDOT has put the plan in their 30 Year Needs which means there is no money for it but at least they have acknowledged that Highway 13 needs improvements. The best time to build a trail is with reconstruction. It was also mentioned that all neighborhood parks should have some sort of parking lot. There was a brief discussion on zoning and developments surrounding parks; distances from neighborhood parks and park equipment upgrades. Osmundson pointed the City was in pretty good shape with equipment upgrades. They will be working on trail upgrades, some require major work. New signs have been put up in most of the parks. L:IOS FILESIOS PLAN COMMlSSIONlOS MINUTESIMN02280S.doc 14 Planning Commission Meeting Febrwuy 28, 200S The City gets many requests for additional parks. Chanter 7, Surface Water Manal!ement - City Enl!ineer Steve Albrecht The Local Surface Water Management Plan (LSWMP) serves as a guide to managing the surface water system throughout the City. The Prior Lake LSWMP serves as a comprehensive planning document to guide the City in conserving, protecting, and managing its surface water resources. In older parts of town, the City must meet the challenges of maintaining an older storm drainage system. In other areas, new development is adding new infrastructure to the storm water system and thus increasing the city's maintenance responsibilities. Albrecht explained all of the City's wetlands have been inventoried and visited by a consultant as part of the City's natural resource inventory. The vegetation, the function and habitat for species were included in the study. This is an important component of the Surface Water Management chapter. Albrecht briefly touched on the City's working relationships with the Prior Lake - Spring Lake Watershed District, the DNR, MPCA and other government agencies. Chanter 8. Sanitary Sewer - eitv Enl!ineer Steve Albrecht The purpose of this chapter is to provide the City with a Comprehensive Sewer Policy Plan that will serve as an inventory of existing facilities and a guide for the expansion of Prior Lake's trunk sanitary sewer system to serve full-development of the 2030 growth area. This plan also accounts for areas that lie outside the 2030 growth boundary. Chanter 9. Water System Plan - Public Works Director Bud Osmundson The Water System Plan was developed to meet the intent of Minnesota Statues Section 873.859, Subpart 3. This Plan analyzes the existing water system and recommends improvements to correct potential deficiencies and meet future service needs. Osmundson explained how the Plan will provide the City with an overall framework to evaluate the impacts of future development and land use on the water supply, treatment, storage and distribution systems. It will also assist the City as it faces a number of future issues such as the addition of water treatment, an expanded distribution network, new operating areas and increasingly complex federal, state and local regulations. Lemke asked why the City couldn't use some ofthe water drained out from the lake. Osmundson explained it would be a totally different treatment system for surface water. The cost would be twice the amount as the water out of the aqua filters. Also, it is not a source of water the City can count on. It hasn't really flowed much except in the Spring. The City is looking into other possibilities in working with the surrounding communities. L:IOS FILESIOS PLAN COMMISSION\OS MINUTESIMN02280S.doc 15 Planning Commission Meeting February 28, 200S Chapter 10. Implementation Prol!ram - Planninl! Director .lane Kansier The purpose of this chapter is to outline the tools the City will use to implement the goals and objectives of the Comprehensive Plan. These tools include the City's Zoning Ordinance and Subdivision Ordinance, the Building Code, and the Capital Improvement Program. Some of the sections included within this chapter are specified by the Minnesota statutes. These include the provisions relating to water supply, private sewer systems and the housing implementation program. Chapter 11. Community Facilities - Planninl! Director .lane Kansier This is a new chapter in the Comprehensive Plan. The Community Facilities element describes the public schools, public building, and other private facilities necessary to provide services to the residents, businesses and employees of the City of Prior Lake. The specific goals, objectives and policies seeking to shape the provision of public facilities and public services are included in their entirety in Chapter 2. The chapter describes both the existing facilities, and the potential expansion or construction of new facilities. Staff recommended approval of the draft 2030 Comprehensive Plan. Comments from the Public: Susan Shroyer, 4662 Dakota Street SE, stated her concern for parks. Shroyer read bits from the Parks Chapter indicating there was not more verbiage on preservation. She was also concerned for the developing surrounding area of Lakefront Park. It is important to support and preserve Lakefront as well as other parks. She hasn't talked to anyone who is happy with the proposed City Hall except for those involved with the City. Shroyer stated she was pleased with Stamson's concern for a buffer zone surrounding the park. She feels it is up to the "zoners" to regulate and protect the surrounding park area. It is even more important to protect the park with the higher density. The Commissioners decided to close the hearing and continue discussions to the March 14,2005 meeting. The public hearing closed at 9: 17 p.m. MOTION BY PEREZ, SECOND BY LEMKE, TO CONTINUE DISCUSSIONS TO THE MARCH 14,2005 MEETING. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None L:IOS FILESIOS PLAN COMMISSION\OS MINUTESIMN02280S.doc 16 Planning Commission Meeting February 28, 200S 7. New Business: A. Consider the Vacation of a Drainage and Utility Easement located at 15305 Breezy Point Road. City Attorney Joe Schmidt presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. On November 30, 2004, Mary E. Rixmann brought a lawsuit against the City of Prior Lake alleging that the City was improperly abandoning or forfeiting the public's right to use an alleged cul-de-sac at the end of Breezy Point Road. The City has defended against this lawsuit on the grounds that the City does not possess any interest in any alleged cul- de-sac at the end of Breezy Point Road. Ms. Rixmann began her lawsuit asking Scott County District Court for a temporary restraining order preventing the City from taking actions that would forfeit the public's right to use the alleged cul-de-sac. The City argued that the restraining order was inappropriate, and the Court agreed, denying Ms. Rixmann's request for a restraiuing order. Ms. Rixmann has nevertheless elected to continue her suit against the City, and the parties anticipate a trial date in November of 2005. This issue arises out of the City's use of the driveway on Lot 16, Breezy Point. to maintain a utility easement granted to the City by the owner of that property. Over the years the City plowed snow from the driveway on Lot 16, with the permission of the property owner, to access the easement and to compensate the property owner for the easement. Last year the City moved the utilities and formalized its arrangement with the property owner by entering into a formal easement agreement. A neighboring property owner now contends the City's actions in plowing this driveway have transformed the driveway into a public road pursuant to Minn. Stat. ~ 160.05. Minn. Stat. ~ 160.05 provides that "when any road or portion of a road has been used and kept in repair and worked for at least six (6) years continuously as a public highway by a road authority, it shall be deemed dedicated to the public. . . and remain, until lawfully vacated, a public highway. .." The Scott County District Court disagreed, and upheld the City's position that it had not used or kept in repair and worked this driveway for at least six (6) years continuously as a public highway. However, the City wishes to avoid any further dispute or litigation regarding this issue by vacating any alleged interest in this property. The City does not believe there is any public need for a public roadway over this area. The City's only interest in this property is the easement, which the City has protected through a formal agreement with the property owner. Staff recommended approval of the proposed vacation. L:IOS FILESIOS PLAN COMMlSSIONlOS MINUTESIMN02280S.doc 17 Planning Commission Meeting February 28, 200S Comments from the eommissioners: Lemke: · Is acquainted with property owners and will abstain from discussions and voting. Perez: · Agrces with staff report and Findings. It is in the public need to vacate. . Support. Ringstad: . The City Attorney explained the situation and will support the vacation. Billington: . The City's position is reasonable. Support. Stamson: . Agreed it is in the public interest to clear up the confusion. Support. MOTION BY RINGSTAD, SECOND BY BILLINGTON, RECOMMENDING CITY COUNCIL APPROVE THE V ACA TION AS PRESENTED. Vote taken indicated ayes by all. Lemke abstained. MOTION CARRIED. This will go before the City Council on March 7,2005. B. Annual Complaint Summary Report Planning Director Jane Kansier presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. The City of Prior Lake received one hundred twenty two (122) complaints in 2004 for a decrease of thirty-six (36%) compared to the one hundred ninety-two (192) complaints in 2003. Code violations relating to property appearance and health issues topped the list of violations and included thirty-two (32) illegal storage of junk and junk vehicles, nineteen (19) improper recreational vehicle parking or vehicles parked in required yard areas, and accessory structures (sheds) not meeting required setbacks to property lines. Animal control complaints also totaled ten (10) and included excessive barking, running at large, no waste pickup and the keeping of more than 3 domestic animals (dogs & cats). Overgrown grass (12") and weed complaints totaled twenty-four (24), followed by nine (9) public nuisance, snow on sidewalks, downed trees, etc., and six (6) for improper disposal of garbage and refuse. The remaining fourteen (14) are as follows: five (5) for building code violations, three (3) each for parking commercial vehicles and shore land district, two (2) for erosion and one (I) for a fence. As of the date of this report, one hundred sixteen (116) complaint cases have been closed with the average time required to document, investigate, and enforce compliance of a L:IOS FILESIOS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 18 Planning Commission Meeting February 28, 200S violation was forty-two (42) days. The remaining six (6) cases are pending active investigations and/or under enforcement proceedings. On two (2) of the pending cases the process for a permit or a variance has been started. MOTION BY LEMKE, SECOND BY PEREZ, ACCEPTING THE REPORT AND FORWARDING IT ON TO THE CITY COUNCIL. Vote taken indicated ayes by all. MOTION CARRIED. C. Annual Variance Summary Report. Planning Director Jane Kansier presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. In 2004, the Planning Department received ten applications with a total of 23 variance requests. Fourteen were approved and 9 denied. Five Planning Commission decisions were appealed to the City Council. The Council upheld all of the Commissioner's decisions. The majority of the variances were requested to make improvements to existing single faruily dwellings in required side, rear and lakeshore sides. The applications with the largest number of requests were for new construction on nonconforming lots. The Planning Commission was consistent in denying variances where there were legal alternatives. Thirteen Zoning Ordinance Text Amendments were approved in 2004. The Amendments were intended to address some specific issues. Most of the amendments will have no affect on the requests received. MOTION BY BILLINGTON, SECOND BY PEREZ, ACCEPTING THE REPORT AND FORWARD ON TO CITY COUNCIL. Vote taken indicated ayes by all. MOTION CARRIED. 8. Announcements and Correspondence: 9. Adjournment: The meeting adjourned at 9:35 P.M. eonnie Carlson Recording Secretary L:\OS FILES\OS PLAN COMMISSIONlOS MINUTESIMN02280S.doc 19