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HomeMy WebLinkAbout03 07 2016 PC Meeting Minutes 1 PPRIOR LAKE PLANNING COMMISSION MINUTES Monday, March 7, 2016 1. Call to Order and Pledge of Allegiance: Commissioner Larson called the Monday, March 7, 2016 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Wade Larson, Mark Petersen and Dave Tieman, Commissioner Fleming and Kallberg were absent. Also present were City Planner Jeff Matzke and Service Assistant Sandra Woods. 2. Approval of Agenda: MOTION BY TIEMAN, SECONDED BY PETERSEN TO APPROVE THE MONDAY, MARCH 7, 2016 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. 3. Approval of Tuesday, February 16, 2016 Meeting Minutes: MOTION BY TIEMAN, SECONDED BY PETERSEN TO APPROVE THE TUESDAY, FEBRUARY 16, 2016 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. 4. Public Hearings: A. DEV16-001003 – SMSC – 2303 140th Street NW – CUP – Shakopee Mdewakanton Sioux Community along with Bolton & Menk, Inc. are requesting a Conditional Use Permit for placement of excess clay materials from other SMSC projects and grading to blend the fill into the exiting landscape on the Southwest Quadrant of CSAH 83 and 42 located in the (A) Agriculture Zoning District. PID: 25-928-001-0. Planner Matzke introducing the request for approval of a Conditional Use Permit to allow grading and land reclamation in excess of 400 cubic yards on a site southwest of the intersection of CSAH 42 and CSAH 83. He explained the current circumstances, issues, alternatives and recommended motion. He presented a resolution, location map, City Public Works Staff Memorandum dated February 24, 2016 and Project Plans stamp dated January 21, 2016. Commission Comments/Questions: Petersen questioned the flow of traffic of the trucks on 83. He commented on the amount of fill and the amount of trucks needed to haul this amount. He asked what the wear and tear would be to County Road 83 and asked if this is maintained by the County. Planner Matzke replied the applicant could give a complete answer on this. 2 Engineer Thongvanh replied to the comment on the roads, stating County Road 83 is a County Road and said County Roads are built to a higher standard and can take some of that collector road weight; they do need to also work with the County. Tieman asked with one hundred thousand cubic feet of fill; how many truck loads approximately is that. Petersen replied ten thousand trucks or if you are driving in semi’s, about thirty-three hundred. He questioned drainage and asked if the DNR needs to be notified. He asked about the direction/location of water flow. Engineer Thongvanh replied the water is draining to the same area. He commented on concerns; wetland and the 2005 delineation and stated they are working with the applicant on the time line. He said the overall sight drainage is going towards the west. Petersen questioned this process with the wetland filling/making new wetlands. Engineer Thongvanh replied there is no proposed impacts to wetland; they are going to stay about fifty feet from the whole delineation back in 2005. He explained the silk fence will need about fifty feet from that delineation. Larson asked if Engineer Thongvanh could explain more about the open delineation in 2005. Engineer Thongvanh said the water resource engineer has been working with the applicant on how to do some grading on this site. He said we cannot delineate yet and explained the 2005 delineation; stating the City will do the due-diligence on this. Larson asked if the location of fill would be within the fifty feet that is currently marked out. Engineer Thongvanh replied that is correct. MOTION BY PETERSEN, SECONDED BY TIEMAN TO OPEN THE PUBLIC HEARING AT 6:13 P.M. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. Applicant Stan Ellison, (Director of Land and Natural Resources for the Shakopee Mdewakanton Sioux Community.) He explained the project, how they manage the soil and where the soil would eventually be placed. He stated the maximum amount of soil that would be brought in and explained the storage sites ground level, the developable condition for the site and how much soil would need to be brought in to be developed. He clarified the condition that they are creating. He described the routes of the trucks and pointed out the part of County Road 83 has plans to be reconstructed. He justified the redo on the wetland and the wetland permit and the reasoning why they want to get the permit now. Larson asked if the fill is coming from the current hotel construction project. Ellison replied commenting on the construction of the hotel and convention center project as well as the process for the casino. He explained the deep trenches for utilities and the start of excavation for the foundation of the hotel/convention center project. 3 Tieman asked what is the plan for the area after the fill is complete. Ellison explained the process, stating they will strip off the black dirt, put the fill in which is primarily clay, put the black dirt on and reseed in a pre-annual grass mix. Petersen asked if the permit is good for a year, will they complete in this time frame. Ellison said he is hopeful and they better. Petersen asked if they were compacting this in and it will be buildable when you’re done. Ellison replied yes, placing and compacting and ready for construction is the plan. Public Comment: None. MOTION BY TIEMAN, SECONDED BY PETERSEN, TO CLOSE THE PUBLIC HEARING AT 6:19pm. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. Commission Comments/Questions: Petersen stated his main concern were regarding the roads and were addressed, so he has no objections. Tieman has no objections, seems like good use of the land. MOTION BY PETERSEN, SECONDED BY TIEMAN TO APPROVE THE CONDITIONAL USE PERMIT WITH THE FIVE CONDITIONS LISTED IN THE STAFF REPORT AT 6:21P.M. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. B. DEV16-001004 14456 Watersedge Trail – Variance – GreenWood Design Build, LLC on behalf of Jeremy James is requesting variances for Lot size, flood plain elevation, lake setbacks and maximum impervious surface to construct a new home in the Low Density Residential Shoreland (R1-SD) Zoning District: PID: 25-121-014-0. Planner Matzke introduced the consideration for an approval of variances from the minimum lakeshore structure setback, minimum lot area, and maximum impervious surface for a property in the (R1-SD) Low Density Residential Shoreland Zoning District. He explained the history, current circumstances, issues, alternatives and recommended motion. He presented a resolution, location map, survey dated February 4, 2016, conceptual building plans stamp dated February 5, 2016 and an impervious surface for adjacent properties (map). Commission Comments/Questions: Petersen asked about the road flooding, due to this being in a floodplain and if it did flood were the houses off of this road inaccessible for a period of time. 4 Planner Matzke said yes it did flood. He explained how you could get to these homes and explained the road elevation in comparison to what the floodplain high point was, stating there was over two feet of water on the road. Petersen questioned City’s liability and if there is now a house on the proposed property as of now. He asked questions regarding to the elevation of the proposed garage versus the elevation of the road. Planner Matzke replied it is private property without a house and not City’s property. He explained road elevation versus the proposed garage elevation. He commented on the flood event in 2014, stating floodwaters would not have encroached on the proposed garage. MOTION BY TIEMAN, SECONDED BY PETERSEN, TO OPEN THE PUBLIC HEARING AT 6:35 PM. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. Applicant Jeremy James, (16675 Innsbrook Drive, Lakeville, MN) He stated his parents live in Prior Lake, he grew up here since 1977 and still coaches in Prior Lake. He stated he is familiar with the situation with the road and the flooding. He mentioned the involvement the kids he coaches had with this street during the flooding. He stated he is willing to properly plan with his construction team so they would be prepared for what could be ahead. Petersen asked if they were going to put more block on the garage or stud walls and questioned if the exterior could handle water. He asked if they could save the tree on the front side of the lot. Jeremy said he would like the builders to answer that. Scott Loehrer, (with GreenWood Design Build). He replied there will be no wood framing below the floodplain. He explained what the walls would be made of and what would be getting wet in flooding conditions. He commented on making the concrete look good, plus uphold wetness and said they plan to save the tree, but cannot guarantee that it will be able to stay. Tieman asked about impervious surfaces. Loehrer explained the deck is not included in impervious surface as long as there is a gap in the boards; therefore, would not be included in the calculation. Planner Matzke confirmed that decks are not calculated in to impervious surface. He explained what is considered impervious surface on this parcel. Petersen asked the requirements of trees on the lot. Planner Matzke replied explaining the requirements of trees on the lot and the process of replacement if removal is necessary. Public Comment: 5 Jim Goodchild, (14450 Watersedge Trail) He stated he lives next door and commented on the mailing having a later time for the meeting. He explained the neighborhood as being close and works together well. He mentioned conversations with neighbors, stating there are several aspects of this that they are encouraged with. He shared concerns of the mature silver maple tree, the proposed retaining wall and runoff/standing water. He said he would like to see some adjustments to the construction so the tree can stay. Petersen asked Planner Matzke how construction on one property protects trees from another property; and do we have an arborist on staff or do we require the applicants to hire and arborist. He also asked if we have any elevations of the house or just a footprint. Planner Matzke replied he has spoken with the homeowner and has passed her information onto the builder regarding this tree; getting the homeowner and builder together is helpful and there could be methods that can be done to save the tree. A lot of times the homeowner and the builder work together and generally these items are worked out; tree issues are civil matters between private property owners. He explained the reasoning for the retaining wall, requirements by FEMA and the State and the setbacks from the property line. He said we did receive the sketch elevation of the home; the applicant may have a copy. He explained the layout of the home. Petersen stated his reasoning for wanting the elevations and asked about roof runoff and asked if there is an opportunity to put up gutters to move water. . Loehrer explained the reasoning to move the water and commented of issues with the retaining wall. He suggested how the neighbor could get in contact with him and stated he would be glad to talk with her. He said the good news is this tree is a maple tree and explained they can talk to an arborist but would like to meet with the home owner first. He commented on the gutters and explained the reasoning behind the hip roof. Planner Matzke responded to Commissioner Petersen request of the sketch elevation of the home. He explained the elevations. He requested the public hearing remain open until after 7pm due to notices having a wrong time on them and suggested a recess. Recess Larson declared a recess at 6:51PM. Reconvene Larson reconvened the meeting at 7:02PM MOTION BY TIEMAN, SECONDED BY PETERSEN, TO CLOSE THE PUBLIC HEARING AT 7:02PM. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. Commission Comments/Questions: Tieman stated overall the plan is well developed; he supports drainage and suggested it is the right design for the property. He said he supports these variances. 6 Petersen stated he likes the idea of the staff and applicant working together on this plan. He stated his concerns were, and still are with the trees and the runoff; other than those two concerns it sounds like the applicants are well aware of the neighbors’ concerns and he will be supporting these variances. Larson stated he appreciates the builder’s cooperation with the neighbors and is hopeful the tree issues will be resolved between them. He said he is in support of the three variances and commented on being very rare to have a variance request without the side setback needed as a variance. He stated looking at the whole situation, it looks as the builder did look into the details and best route to place this home and also with the DNR placement of the home in the center of the lot with the high end peak of the elevation of the home. He stated he is in support of this as well. MOTION BY TIEMAN, SECONDED BY PETERSEN, TO APPROVE THE RESOLUTION TO APPROVE THE VARIANCES FOR 14456 WATERSEDGE TRAIL AT 7:05PM VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. C. DEV16-001006 – 14956 Pixie Point Circle SE – Variance – GreenWood Design Build, LLC is requesting a variance to allow construction of a house within the bluff impact zone located in the Low Density Residential Shoreland (R1-SD) Zoning District. PID: 25-047-010-0. Planner Matzke introduced the consideration for a variance approval from the minimum bluff setback and grading in the bluff impact zone for a property in the (R1-SD) Low Density Residential Shoreland Zoning District. He explained the history, current circumstances, issues, alternatives and recommended motion. He presented a resolution, location map, existing survey dated January 20, 2016, proposed survey dated March 2, 2016, geotechnical engineering report dated February 22, 2016 and site photos. Commission Comments/Questions: Tieman asked about the proposed utility drive. Planner Matzke explained the utility drive is going to the garage floor/main floor and the storage area in the lower level. He talked of the narrow driveway, the slope of the driveway and the retaining wall. He pointed out they are way under their impervious surface. Petersen asked if there will be less water flowing onto the neighboring properties. He commented on a recommendation in the Geotechnical Engineering report and asked if this is required. He asked if the adjacent properties are in line with the grade. Planner Matzke said yes especially to the property to the right. He showed the site survey and explained the swales and where they are located. He commented on the final grading inspection. He replied to the comments on the Geotechnical Engineering report stating it can be added as a condition, however it is already in our ordinance. He explained the reasoning of why we require the geotechnical engineering and stated the adjacent properties are already within the line aspects, however if they want to grade with their neighbors they would work out a mutual agreement. MOTION BY PETERSEN, SECONDED BY TIEMAN, TO OPEN THE PUBLIC HEARING AT 7:21 PM. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. 7 Applicant Eric Bryan, (2892 Center Road SW) He explained his current situation and said he grew up in Prior Lake. He said it has been a dream to build a home on this side of the lake and they are doing their best to be good for the community. Petersen asked what kind of retaining material would be used. Bryan said his family has been in the natural limestone business since 1941, so it would be natural limestone boulders. Tieman asked if they planned to put up any fencing. Bryan said no not right now. Public Comment: Julie David, (14958 Pixie Point Circle SE) She explained where her house is located and asked if the proposed house will be on the same footprint of the original home that is being demolished. She shared concerns of her view and devaluing of her home. She asked if this proposed home will be closer t o the lake. Planner Matzke showed two images of surveys and explained where the proposed house is in comparison to the current one. Scott Loehrer with GreenWood Design Build, said he is the builder and stated the house is not closer to the lake and will actually be moving it away from the lake 5-10 more feet. MOTION BY TIEMAN, SECONDED BY PETERSEN, TO CLOSE THE PUBLIC HEARING AT 7:27PM. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. Commission Comments/Questions: Tieman said he knows this neighborhood well and supports this nice addition to the neighborhood. Petersen said it is a good design; the current retaining wall is in tough shape and is happy the DNR and neighbors are all in favor. He stated he supports this variance. Larson said he agrees with the new construction and is also in support of this variance. He stated he is impressed by the improvements, improved drainage and the moving of the house further away. MOTION BY TIEMAN, SECONDED BY PETERSEN, TO APPROVE RESOLUTION FOR THE VARIANCE REQUESTED FOR 14956 PIXIE POINT CIRCLE. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. 5. Old Business: No Old Business. 8 6. New Business: No New Business. 7. Announcements / City Council Updates:  Monday, February 22, 2016 City Council meeting o Approval of an ordinance that would terminate the Moratorium  Brought to the Planning Commission last fall  Was researched o City Council did not act on but requested an amending an ordinance of common areas. Early 1900 platted areas, morphed into private lots.  Looking into legal terminology  Common ownership/dock placement/city involvement.  Next Planning Commission Meeting - March 21, 2016 8. Adjournment: MOTION BY PETERSEN, SECONDED BY TIEMAN TO ADJORN THE MONDAY, MARCH 7, 2016 PLANNING COMMISSION MEETING. VOTE: Ayes by Larson, Petersen and Tieman. Absent by Fleming and Kallberg. The Motion carried. The meeting adjourned at 7:32p.m. Sandra Woods, Development Services Assistant