HomeMy WebLinkAboutJune 13, 2005
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR PLANNING COMMISSION AGENDA
MONDAY, JUNE 13,2005
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Consent Agenda:
A. #EP 05-144 DNR DeWitte Access CUP Resolution.
5. Public Hearings:
A. #EP 05-147 - The Shakopee Mdewakanton Sioux Community has submitted an
application for a Conditional Use Permit to allow grading and filling on a 36.3
acre site located on the southwest comer of CSAH 83 & 42.
B. #05-160 - The City of Prior Lake is requesting an amendment to the Zoning Map
designation from the R-2 (Low-Medium Density Residential) to C-3 (Specialty
Business) for the subject property located on the north side of Dakota Street, west
of Erie Avenue, at 4600 through 4626 Dakota Street.
6. Old Business:
7. New Business:
A. #EP 05-164 Eagle Creek Development submitted an application to vacate an
existing easement dedicated on Outlot B, Deerfield Industrial Park.
8. Announcements and Correspondence:
9. Adjournment:
L:I05 FILESI05 PLAN COMMISSIONl05 AGENDASIAG061305.DOC
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PLANNING COMMISSION MINUTES
MONDAY, JUNE 13,2005
1. Call to Order:
Chairman Stamson called the June 13,2005, Planning Commission meeting to order at
6:30 p.m. Those present were Commissioners Billington, Perez, Ringstad and Stamson,
Planning Director Jane Kansier, Planning Coordinator Danette Moore, Assistant City
Engineer Larry Poppler and Recording Secretary Connie Carlson.
2. Roll Call:
Billington
Lemke
Perez
Ringstad
Stamson
Present
Absent
Present
Present
Present
3. Approval of Minutes:
The Minutes from the May 23,2005, Planning Commission meeting were approved as
presented.
4. Consent:
A. #EP 05-144 DNR DeWitte Access CUP Resolution.
Planning Director Jane Kansier presented proposed Resolution 05-07PC as directed by
the Planning Commission at their May 23,2005, meeting.
MOTION BY RINGSTAD, SECOND BY BILLINGTON, DENYING A
CONDITIONAL USE PERMIT TO ALLOW AN OFF-SITE, FREE STANDING
PARKING LOT AS AN ACCESSORY PARKING AREA FOR THE DEWITTE
ACCESS.
Vote taken indicated ayes by Ringstad, Billington and Perez. Stamson abstained as he
was not present for the May 23, 2005 meeting. MOTION CARRIED.
5. Public Hearings:
Commissioner Stamson read the Public Hearing Statement and opened the meeting.
A. #EP 05-147 - The Shakopee Mdewakanton Sioux Community has submitted
an application for a Conditional Use Permit to allow grading and filling on a 36.3
acre site located on the southwest corner of CSAH 83 & 42.
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Planning Commission Meeting
June 13, 2005
Planning Coordinator Danette Moore presented the June 13,2005 Planning Report on file
in the office ofthe City Planning Department.
The Shakopee Mdewakanton Sioux Community (SMSC) is proposing to incorporate
40,000 cubic yards of excavated fill on to the site. The approximately 36 acre site is
located west ofCSAH 83 and south ofCSAH 42. The purpose of this request is to allow
the SMSC a location to incorporate excess soil to be excavated from another nearby
SMSC construction site. Section 1101.509 of the Zoning Ordinance states that grading,
filling, land reclamation, and excavation requires a Conditional Use Permit for
excavation of more than 400 cubic yards.
Staff recommended approval ofthe conditional use permit request, subject to the
following conditions:
1. The excavation must be done according to the approved plans.
2. The clean up of fill material as a result of spills or general transportation of fill on any
public road shall be the responsibility of the applicant.
3. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and
8:00 a.m. to 12:00 noon on Saturdays.
4. The applicant must provide a Storm Water Pollution Prevention Plan.
5. Prior to any grading on the site, the applicant must obtain a temporary access permit
from Scott County.
6. Prior to any grading on the site, the applicant must meet all requirements as outlined
in the May 24, 2005 engineering memo from the Assistant City Engineer (attached).
7. Watering for dust control shall be done on an as needed basis or within 24 hours
written notice from the City. Such notice shall be transmitted by facsimile to the
applicant. Dust control includes the entire project area and is not limited to roadways.
Water for dust control shall be provided from an off-site source.
8. The CUP is valid for one year, but is revocable at any time for noncompliance with
any condition contained herein. At the expiration of its one (1) year term, the
property owner may make application to the City to renew the CUP. The initial
approval of this CUP does not create any right, in law or equity, to the renewal
thereof. Any renewal ofthe CUP is subject to City Council approval and is to include
any information as requested by City staff or the City Council that would aid the City
Council in determining whether the excavation activities conducted pursuant to this
CUP created any adverse impacts to the health, safety or welfare of the City or its
residents.
Commissioner Perez will abstain from discussions and voting as he is an employee of the
Shakopee Mdewakanton Sioux Community (SMSC).
Comments from the public:
Sheila DeWolf, of Bolton Menk, explained the grading elevations and supported staffs
report.
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Planning Commission Meeting
June 13, 2005
Heidi Press, 14312 Brookmere Blvd. NW, questioned what was going to be done with the
land and was concerned for possible drainage problems.
Stan Ellison, Land Manager for the SMSC, explained the new public works building
project. The soil is being removed to build it and stored on the existing land. It will be
raised to a standard level. The Community has no plans for the area at this time. There
should be no drainage problems. The wetland area will be restored as an overall drainage
plan. There will be no impact on the townhomes.
The public hearing was closed at 6:42 p.m.
Comments from the Commissioners:
Ringstad:
· Agreed with staff's assessment. All 8 of the CUP criteria are met.
. Everything seems to be in order. Support.
Billington:
· The project appears to be within the rules and regulations. Support.
Stamson:
· Agreed with Commissioners and Staff. It meets the criteria and will support.
MOTION BY BILLINGTON, SECOND BY RINGSTAD, TO APPROVE
RESOLUTION 05-XX GRANTING THE CONDITIONAL USE PERMIT TO ALLOW
GRADING AND EXCAVATION OF MORE THAN 400 CUBIC YARDS.
Vote taken indicated ayes by all. (Perez abstaining) MOTION CARRIED.
Moore explained the appeal process.
B. #05-160 - The City of Prior Lake is requesting an amendment to the Zoning
Map designation from the R-2 (Low-Medium Density Residential) to C-3 (Specialty
Business) for the subject property located on the north side of Dakota Street, west of
Erie Avenue, at 4600 through 4626 Dakota Street.
Planning Director Jane Kansier presented the Planning Report dated June 13,2005 on file
in the office of the City Planning Department.
The City Council initiated a Zoning Map Amendment to change the use district from R-2
(Low to Medium Density Residential) to C-3 (Specialty Retail) on property located at
4600 through 4626 Dakota Street. The property has been identified as C- TC (Town
Center) on the 2030 Comprehensive Land Use Plan, recently approved by the City
Council.
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Planning Commission Meeting
June 13, 2005
The City is in the process of purchasing each ofthese properties. In order to construct the
new City Hall on the proposed site, with the set proposed setbacks, the property must be
rezoned.
The proposed use district is consistent with the 2030 Comprehensive Land Use Plan Map.
Based upon the findings set forth in this report, staff recommended approval.
There were no comments from the public. The hearing was closed at 6:47 p.m.
Comments from the Commissioners:
. Perez:
Based on staff's report and the 2030 Comprehensive Plan - it is consistent. No
Issues.
. Support.
Billington:
· Support. It is within the parameters of what is required.
Ringstad:
· Time to have the zoning consistent with the 2030 Comp Plan.
· Agreed with Commissioners to support.
Stamson:
· Agreed. This is what we agreed to with the 2030 Comprehensive Plan.
· There are no negatives. It is an appropriate use. Good plan.
. Support.
MOTION BY PEREZ, SECOND BY BILLINGTON, RECOMMENDING APPROVAL
OF THE ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONING OF
THE SUBJECT PROPERTIES FROM R-2 TO C-3.
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before the City Council on June 20, 2005.
6.
Old Business:
None
7. New Business:
A. #EP 05-164 Eagle Creek Development submitted an application to vacate an
existing easement dedicated on Outlot B, Deerfield Industrial Park.
Planning Director Jane Kansier presented the Planning Report dated June 13,2005 on file
in the office of the City Planning Department.
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Planning Commission Meeting
June 13, 2005
On August 16, 2004, the City Council approved the final plat known as Deerfield
Industrial Park. This plat included Outlots A & B, which are zoned R-4. Deerfield
Development has filed an application to replat these outlots as Courtwood Village. The
new plat would allow the development ofthis site for multi-family dwelling buildings.
There is an existing wetland on Outlot B. As part ofthe redevelopment, the applicant is
proposing to reconfigure this wetland. He is in the ~rocess of filing a mitigation plan for
Council approval, tentatively scheduled for July 18t. Once the wetland mitigation plan is
approved, the final plat, with revised easements can also be approved.
As required by State Statute 462.356 Subd.2, the Planning Commission is required to
make a recommendation to the City Council regarding the disposal or acquisition of
public lands as it relates to compliance with the Comprehensive Plan.
The approval of this vacation would allow the development of outlots. As a precaution,
the resolution approving the vacation of these easements will not be released until the
wetland mitigation and final plat are approved. The resolution will be recorded just prior
to the final plat. It must also be noted this vacation does not constitute approval of any
building plans for the site. Multi-family dwellings must be approved through the
conditional use permit process, including a separate public hearing. The applicant has
filed a conditional use application, which is incomplete at this time.
Comments from the Commissioners:
Billington:
· This is a reasonable application. It protects the wetland.
. With proper protections in place, will support.
Ringstad:
· Agreed. There is no future public need anticipated. Also agree with the holding
back of vacation until the wetland mitigation and Final Plat are approved.
. Support.
Perez:
· This is in the public interest so this plat can be developed. Agree with Ringstad
that safeguards are in place. Support.
Stamson:
· There are adequate safeguards in place to protect the property and surrounding
wetlands. It is in the public's interest to do so. It will allow a higher and better
use of the property.
. Support.
MOTION BY BILLINGTON, SECOND BY PEREZ, RECOMMENDING CITY
COUNCIL APPROVE THE VACATION AS REQUESTED SUBJECT TO THE
CONDITION THE RESOLUTION NOT BE RECORDED UNTIL AFTER FINAL
PLAT APPROV AL.
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Planning Commission Meeting
June 13, 2005
Vote taken indicated ayes by all. MOTION CARRIED.
This item will go before City Council on June 20,2005.
8. Announcements and Correspondence:
The current Public Works Director, Bud Osmanson is leaving the City as of June 22.
Steve Albrecht will take his place.
9. Adjournment:
The meeting adjourned at 6:56 p.m.
Connie Carlson
Recording Secretary
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PUBLIC HEARING
Conducted by the Planning Commission
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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
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