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HomeMy WebLinkAbout07 17 2017 PC Meeting Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, July 17, 2017 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Monday, July 17, 2017 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Bryan Fleming, Dave Tieman, William Kallberg and Dan Ringstad; absent was Mark Peterson. Also present were Planner Jeff Matzke, Director Casey McCabe, Project Engineer Nick Monserud and Executive Assistant Ann Schroeder. 2. Approval of Agenda: MOTION BY TIEMAN, SECONDED BY RINGSTAD TO APPROVE THE MONDAY, JULY 17, 2017 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. 3. Approval of Monday, June 19, 2017 Meeting Minutes: MOTION BY RINGSTAD, SECONDED BY TIEMAN TO APPROVE THE TUESDAY, JUNE 19, 2017 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. 4. Public Hearings: A. PDEV17-001024 – 5832 Industrial Lane SE – AK Pizza Dough – Height Variance – Finn Daniels Architect; on behalf of the property owner, Port City Bakery, Inc. is requesting a height variance for construction of a sixty-foot enclosed silo tower at the southwest corner of the proposed building addition. The property is located south of Credit River Road; north of Industrial Lane SE. PID: 254490010 and 254600020. Planner Matzke introduced the request to consider approval of a variance from the maximum building height requirements of a commercial building located in the C-3, Business Park Zoning Use District. The subject site is located northeast corner of the Greystone Court cul-de-sac, north of Adelman Street and south of County Hwy21. They are requesting a 15-foot variance from the maximum 45-foot required building height in the C-3 Business Park Zoning District (Section 1102.1205). He explained the history, current circumstances, issues, alternatives and recommended a motion. He presented a location map, proposed site plan dated June 15. 2017 and a proposed building elevation dated June 15, 2017. Commission Comments/Questions: Kallberg: Asked if there is a phase one, where is phase the two? Matzke: Responded the remainder of the site to the south would expand on the freezer docking area with another projection warehouse facility as well as additional parking in the future. Applicant Scott Weistling, 2145 Ford Parkway, St. Paul: Stated he is the applicant on behalf of Port City Bakery who is based out of Green Bay. Thanked the staff for working through this issue with them. Stated they are looking forward to getting this project moving forward later this year. 2 Kallberg: Asked why do the silos have to be this tall rather than shorter with a larger diameter. Weistling: Responded this is the optimal size for operations and it would take more trucks to fill the silos if they were wider verses taller. Added they have two facilities in Wisconsin who are built in the same manor. Ringstad: Questioned how many jobs this would bring to Prior Lake. Weistling: Replied 240 jobs. MOTION BY TIEMAN, SECONDED BY RINGSTAD TO OPEN PUBLIC HEARING ON 4A AT 6:12 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Public Comment: Craig Simon, 5722 Graystone Court SE: Believed if the height was lower, it would not take more trucks to fill the same amount silo. Explained nine years ago he moved into Prior Lake and wanted to put in 22- foot garage doors but was denied. Asked if the height of the silos can be changed to 40 feet or move the tower location because it will be looming over their building. Noted his concern about the explosive materials inside. Fleming: Requested Matzke to respond to these comments. Matzke: Responded the explosive components have building code requirements that need to be met inside the building. Stated the application would need to respond to the option of shorter silos or additional silos. Weistling: Stated they have worked through many variations on truck access and it was determined this site access worked best with what has been designed. Noted it works better to have the tower in the building rather than outside the building. MOTION BY KALLBERG, SECONDED BY RINGSTAD TO CLOSE THE PUBLIC HEARING AT 6:18 PM on ITEM 4A VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Commissioners Comments Ringstad: Agreed with the staff recommendations on this project. Stated it shows that the city is ready to make modifications to work with businesses coming into the area. Asked staff if they know the history regarding the garage doors Simon noted. Believed this business is a good fit for the area. Stated his support. Kallberg: Stated he agrees this is a good addition to the industrial park but he does not understand the issue with tall and skinny verses short and fat it is more about the amount. Noted he prefers this to be modified to stay in the 40 feet requirement. Tieman: Explained he is familiar with flour silos since he is in the industry and he agreed with the way the lay out has been presented. Stated his support. Fleming: Noted he will support the resolution because it does meet the threshold for the proposal. MOTION BY TIEMAN, SECONDED BY RINGSTAD TO RECOMMEND APPROVAL OF A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE C-3, BUSINESS PARK ZONING USE DISTRICT AT 6: 23 PM ON ITEM 4A VOTE: Ayes by Fleming, Tieman and Ringstad. Nays by Kallberg Absent was Petersen. The Motion carried. B. PDEV17-001028 – 14468 Shady Beach Trail NE – Variance – Copper Creek Real Estate Group is requesting variance regarding lake setback, impervious surface coverage, minimum lot area, Regulatory Flood Protection Elevation, and access elevation. The subject property is located 3 north of Lower Prior Lake, east of Shady Beach Trail NE and west of Conroy Street NE. PID: 250460040. Director McCabe introduced the request to consider approval of a resolution approving variances from the minimum structure lake setback from the Ordinary High Water (OHW) elevation, maximum impervious surface coverage requirement, minimum lot area for development of a nonconforming lot of record and minimum elevation for vehicular access to allow the construction of a single-family home on a property located at 14468 Shady Beach Trail NE. The property is located along the northern shore of Lower Prior Lake, south of Shady Beach Trail, on Lot 4, Shady Beach No. 2. He explained the history, issues, alternatives and recommended a motion. He presented a location map and a property survey. Commission Comments/Questions: Fleming: Stated we have seen a lot of variance requests come before the Planning commission. Asked staff what are the distinctions between this request and the most recent request that was denied and affirmed by the City Council. McCabe: Explained the denial was a 33.8% impervious request but that lot was just shy of 10,000 square feet; this request has impervious surface at 25% which staff believed is reasonable. Ringstad: Asked if the impervious surface is for the house, garage, driveway or all of it. McCabe: Responded it is for the house, garage and driveway. Ringstad: Questioned what size is the house footprint itself. McCabe: Replied the house foot print is 1,829 square feet, the porch is 138 square feet and the driveway is 550 square feet. Applicant Greg Schweich, 14198 Commerce Ave: Stated he does not have anything to add to what McCabe has presented; he worked with staff on what staff would support and this is what is presented. Tieman: Stated there is a jut out in the garage area, what is the reasoning for that? Schweich: Responded it is for a 2nd access. MOTION BY RINGSTAD, SECONDED BY TIEMAN TO OPEN PUBLIC HEARING ON 4B AT 6:31 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Public Comment: David Linde, 14464 Shady Beach Trail: Stated he is in the property to the west of the lot in question. Noted the he has lived there since 1979. Explained in 1983 a flood caused the railroad ties on their lot to be washed away and the black dirt to run into the lake; he did stabilize the ties and covered them with rock. Added in 2013, boulders were placed to stabilize the property and the boulders along the adjacent property line are needed to keep his property from collapsing. Stated if t hose boulders were to be removed, he believes the property in question would be responsible for fixing any issues as a result to his property. Sated he does not believe the property has been maintained over the years and does not have an issue with a house going up but he does not want his property to start collapsing if they start moving boulders on their property. Noted his fence is a foot on their property which he is willing to move. Fleming: Requested staff to make specific notes on erosion and pay attention as development is moving along. MOTION BY RINGSTAD, SECONDED BY TIEMAN TO CLOSE THE PUBLIC HEARING AT 6:38 PM ON ITEM 4B VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Commissioners Comments: Kallberg: Asked what the impervious surface is on Linde’s property. 4 Linde: Responded he does not recall what it was but thinks it was over the recommended amount. Kallberg: Questioned if Linde’s lot size has been diminished over time. Linde: Replied that he does not believe his lot has eroded like the adjacent lot has. Added he put up with a lot of unsightly conditions on that property over the years but has not complained about that. Tieman: Stated he thinks it is good someone is going to develop this property as he agrees it has been unsightly. Added he would like to bring the impervious surface down but he would still support this. Fleming: Stated he will support the resolution but is also concerned about the impervious surface. Noted it appears the developer and staff have done everything they have needed to do to make this work. Ringstad; Stated he agrees with his fellow commissioners; there are many non-conforming lots and the standards outlined are reasoned for this property. MOTION BY TIEMAN, SECONDED BY RINGSTAD TO APPROVE A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH-WATER ELEVATION; THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT; THE MINIMUM LOT AREA FOR DEVELOPMENT OF A NONCONFORMING LOT OF RECORED; AND MINIMUM ELEVATION FROM VEHICULAR ACCESS FOR A PROEPRTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AT 6:43 PM ON ITEM 4B VOTE: Ayes by Fleming, Tieman and Ringstad. Nay by Kallberg Absent was Petersen. The Motion carried. C. PDEV17-001027 – 16879 Lime Road SW – Variance – The property owner is requesting a variance from the minimum structure setback from a tributary creek for a property in the R-1 (Low Density Residential) Zoning District. The subject property is located Northeast of Spring Lake Road SW, between Upper Prior Lake and Spring Lake, south of Lime Road SW. PID: 251330160. Planner Matzke introduced the request to consider approval of a resolution approving a variance from the minimum structure setback from a Tributary Creek for a property in the R-1 (Low Density Residential) Zoning District to construct a detached accessory structure on a property located at 16879 Lime Road. The property is located along the Tributary Creek between Spring Lake and Upper Prior lake, north of Spring Lake Road. He explained the history, current circumstances, issues and recommended a motion. He presented a resolution, location map, proposed survey dated June 7, 2017 and building elevations dated May 30, 2017. Commission Comments/Questions: Fleming: Asked what the cumulative effect of removing the creek condition now and what is it later. Matzke: Responded whenever there are erosion or high water challenges the watershed district will need to gain access to address the issues. Noted they do have access through other areas but would like additional areas to achieve that access. Stated the applicant is open to the discussions but wants to know what kind of memorialization would take place. Fleming: Stated he has some reservations at this time because if there were a dispute in the future, it would be helpful arbitration to point to a specific moment in time. Ringstad: Noted he prefers to treat the building and the access separately since they are not related. Tieman: Asked if there is a driveway being proposed. Matzke: Responded there can be an access door without a driveway due to the distance and other factors making a driveway impractical. Kallberg: Stated he happens to have a copy of the Village of Spring Lake plat that he was going to use to compare. Matzke: Noted the plat is 150 years old. 5 Kallberg: Stated that portion of the creek most likely was not there 150 years ago as creeks do have a tendency to migrate over time. Added the good part is that the setback is greater than the existing building which he finds it hard to argue. MOTION BY RINGSTAD, SECONDED BY TIEMAN TO OPEN PUBLIC HEARING ON 4C AT 6:57 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Public Comment: Arvid Jedlicka, 16879 Lime Road SW: Stated he is the property owner and the house was built in 1983. Thanked Matzke for all the work that has been done and was started in October 2016. Stated according to the previous property owners, this property was an orchid and the stream was to the west. Agreed the creek does move around. Noted he is willing to work with the watershed district and Matzke but as it stands right now it is too wide open. Added he has been adding more rocks to the shore to beef it up. Stated the door measurements are needed to allow for a tractor. Kallberg: Noted the only practical access to the creek is between County Road 12 and the shore of Prior Lake. Stated he understands why the watershed district wants access without having to ask for permission every time they want to do maintenance which may include moving that creek into the natural bed. Jedlicka: Stated he is reluctant to agree for them to come in to do anything whenever they want; he prefers it to be a negotiated access. Noted 15 years ago the DNR said they would come in to help with the erosion but that has not been done; he has been doing his best to prevent erosion on his own. Kallberg: Explained on the Spring Lake side there was a bog that backed up the water level; we had a friendly owner on the west side who allowed us to clean t hat out however he passed away and the new owner refuses an easement. Stated Jedlicka is allowing them access but he is gone and someone else comes along the situation changes. Jedlicka: Noted at an earlier public hearing this evening there was not a stipulation to address certain concerns so he prefers this to be a separate item instead of it being a requirement to put up a building. Fleming: Asked Jedlicka when would he want to have this issue of memorializing the easement finalized? Jedlicka: Responded if he agrees to the terms he would sign it now on the basis we renew the access at five years at a shot. Added you are asking me to commit my property that will affect my ability to market it to someone else. Fleming: Questioned what stage of negotiations is he currently at? Jedlicka: Stated he first heard of this item Thursday, July 13, 2017. Fleming: Explained at this time we are not voting on the access condition listed as item 4B on the resolution “The applicant shall grant a public easement for access to the tributary creek” but he wants the record to state the conversations and negotiations on the condition should be commenced immediately. MOTION BY RINGSTAD, SECONDED BY KALLBERG TO CLOSE AT 7:10 PM ITEM 4C VOTE: Ayes by Fleming, Tieman, Ringsted and Kallberg. Absent was Peterson. The Motion carried. Commissioners comments. Ringstad: Commented that the DNR and watershed do not object to this, he feels strongly that the easement should have continued discussions but it does not relate to the structure variance as staff has recommended. Agreed the contracted easement can affect a property sale in the future. Fleming: Noted he will be approving the resolution with the condition item 4B stricken. Urged the parties to discuss right away regarding the easement. Tieman: Stated he supports the variance and the easement should be a separate issue. Kallberg: Commented he has no issue with the variance itself and the issue of the easement is beyond our scoop but can make note that this proceeds in a timely fashion before dealing with a new owner someday. 6 MOTION BY KALLBERG, SECONDED BY TIEMAN TO RECOMMEND APROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MINIMU STRUCTURE SETBACK FROM A TRIBUTARY CREEK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT with item 4B on the resolution removed AT 7:15 PM ON ITEM 4C. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. 5. Old Business: A. PDEV17-001017 – Universal Motors – 16720 Welcome Avenue SE – Conditional Use Permit – Tabled from the Monday, June 5, 2017 Planning Commission Meeting; Universal Motors, LLC is requesting a Conditional Use Permit to allow motor vehicles sales and a Conditional Use Permit to construct a pole building in the I-1SD (General Industrial Use Shoreland) Zoning District at 16720 Welcome Avenue SE. PID: 259010086. Community Development Director McCabe and Project Engineer Monserud presented on the request to consider approval of a resolution approving a Conditional Use Permit to allow motor vehicle sales and a resolution approving a Conditional Use Permit to allow construction of a pole building in the I-1SD, General Industrial Shoreland Zoning Use District. Commission Comments/Questions: Fleming: Questioned the pole building hours of operation. McCabe: Responded the hours should be 8:00 am to 9:00 pm Monday through Saturday. Tieman: Noted a good job incorporating the concerns, asked for outlot a map to be shown. McCabe: Explained the re-platting of the lot and current plan. Applicant Alexander Siklo, Owner of Universal Motors: Stated he spoke with McCabe on the operations and willing to do what the neighbors living across the lake prefer. Noted on June 5, 2017 there were questions about lighting and he agrees he does not want the extra expense to have excessive lighting. Explained they only work inside and he is trying to have a successful business in this community. Kallberg: Stated he has no issues with this resolution. Tieman: Commented this is a reasonable conditional use permit. Ringstad: Agreed the process over the last six weeks has worked. Fleming: Noted he will be supporting both resolutions. MOTION BY TIEMAN, SECONDED BY KALLBERG TO RECOMMEND APROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MINIMU STRUCTURE SETBACK FROM A TRIBUTARY CREEK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT along with hours of operation to be 8:00 am to 9:00 pm Monday-Saturday AT 7:30 PM ON ITEM 5A. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. MOTION BY KALLBERG, SECONDED BY RINGSTAD TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A POLE BUILDING IN THE I-1, GENERAL INDUSTRIAL USE DISTRICT AT 16720 WELCOME AVENUE SE AT 7:32 PM ON ITEM 5A. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. 7 6. New Business: No new business items. McCabe: Noted as of August 1, 2017, City Council meetings will be the first and third Mondays and the Planning Commissions meetings will be the second and fourth Mondays. Noted the next Planning Commission meeting will be August 14, 2017. Explained the new Street Project Map and Development Map that are now available on the city’s website. Fleming: Thanked staff for getting the map platform going to get proactive communication with the public. 7. Adjournment: MOTION BY TIEMAND, SECONDED BY KALLBERG TO ADJORN THE monday, JuLY 17, 2017 PLANNING COMMISSION MEETING AT 7:33 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg and Ringstad. Absent was Petersen. The Motion carried. Sandra Woods, Community Development Service Assistant (Ann Schroeder, Executive Assistant present at the meeting.)