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HomeMy WebLinkAboutNovember 14, 2005 16200 Eagle Creek Avenue S.E. Prior Lake. MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, NOVEMBER 14, 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: . 5. Public Hearings: A. EP 05-2 I 6 The Shakopee Mdewakanton Sioux Community has applied for a Conditional Use Permit to allow outdoor storage of compost material. The subject site (previously known as the Sangren Property) is located north of cSAH 42, west ofcSAH 83, and south of Valley View Road. B. EP 05-116 & 117 Shepherd's Path Senior Housing, Inc. has applied for a preliminary plat and planned unit development for a mix of senior housing, a YMCA facility, youth center, medical office/clinic, bank, park area, trails, and companion uses to the existing worship facility (meeting areas, daycare, retreat center, etc) on the 71.2 acre site. C. 05-204 Amend Section 1102.1403 of the Zoning Ordinance to allow motor vehicle service and repair and auto body repair as conditional uses within the c-5 (Business Office Park) district. 6. Old Business: 7. New Business: 8. Announcements and Correspondence: 9. Adjournment: L:\05 FILES\05 PLAN COMMISSION\OS AGENDAS\AGII140SDOC www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, NOVEMBER 14, 2005 I. Call to Order: Chairman Stamson called the November 14, 2005, P1arming 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, P1armer Jeff Matzke, Assistant City Engineer Larry Popp1er 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 October 24, 2005, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. EP 05-216 The Shakopee Mdewakanton Sioux Community has applied for a Conditional Use Permit to allow outdoor storage of compost material. The snbject site (previonsIy known as the Sangren Property) is located north of CSAH 42, west of CSAH 83, and sonth of Valley View Road. Plarmer Jeff Matzke presented the p1arming report dated November 14, 2005, on file in the office of the City Planning Department. The Shakopee Mdewakanton Sioux Community (SMSC) is proposing to use a property (formerly known as the Sangren Property) for a compost material site. The 8.0 acre property is located north of cSAH 42, west of cSAH 83, and south of V alley View Road. The purpose of this request is to allow the SMSc a new location to place compost material. Their previously used compost site on the comer of cSAH 42 and Dakota Parkway must be relocated to allow for the construction of a new public works facility. The compost material would be maintained within the 2.75 acres of currently fenced area on the northeastern section ofthe property. On average, approximately 3280 cubic yards L:I05 FILESI05 PLAN COMMISSIONl05 MINUTESIMNl1 1405.doc 1 Planning Commission Meeliflg November 14, 2005 of compost consisting of grass clippings, wood chips and leaves would be located within the fenced area. No grading, disturbing of soil, or construction is proposed with the project. Staff recommends approval of the conditional use permit request, subject to the following conditions: 1. The clean up of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility ofthe applicant. 2. The applicant must provide a Storm Water Pollution Prevention Plan as required by the Minnesota Pollution Control Agency. 3. A buffer strip of with a minimum of twenty (20) feet and average width of thirty (30) feet from the ordinary high water level of the wetland must be maintained around the entire wetland area. 4. Monument signs shall be located at each parcel line where it crosses the wetland buffer strip and along the buffer strip as necessary to accurately define the edge ofthe buffer. The signs shall consist of a post and buffer strip sign and include warnings about disturbing the buffer strip. 5. 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 of the 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. Paul Perez abstained from comments and voting as he is employed by the Shakopee Mdewakanton Sioux Community. Applicant Sheila DeWolf from Bolton & Menk representing the Community was present to answer any questions. The pubic hearing was closed at 6:37 p.m. Comments from the Commissioners: Ringstad: . Agree with staff the 8 criteria have been met. . Support with conditions. Billington: . Provided there is compliance with staff s conditions, I will support. L:\05 FILESI05 PLAN COMMISSIONl05 MINUTESIMNII1405.doc 2 Planning Commission Meeting November 14, 2005 Lemke: . I will support. Stamson: · Agree with staff and fellow Commissioners that the criteria have been met. There is no negative impact on the surrounding area. Support. MOTION BY BILLINGTON, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF RESOLUTION 05-20 APPROVING THE CONDITIONAL USE PERMIT SUJEcT TO THE LISTED CONDITIONS. Vote taken indicated ayes by all with Commissioner Perez abstaining. MOTION CARRIED. Kansier explained the appeal process. B. EP 05-116 & 117 Shepherd's Path Senior Honsing, Inc. has applied for a preliminary plat and planned nnit development for a mix of senior honsing, a YMCA facility, youth center, medical office/clinic, bank, park area, trails, and companion nses to the existing worship facility (meeting areas, daycare, retreat center, etc) on the 71.2 acre site. Planning Coordinator Danette Moore presented the planning report dated November 14, 2005, on file in the office of the City Planning Department. Shepherd's Path Senior Housing, Inc. has applied for approval of a development to be known as Shepherd's Path on the property located north ofcSAH 42, west of Pike Lake Trail, east ofcSAH 83, and in the vicinity of McKenna Road. The application includes the following requests: . Approve a Planned Unit Development Preliminary Plan; . Approve a Preliminary Plat. The proposal calls for a mixed use development consisting of 442 senior housing units, a YMCA facility, youth center, medical office/clinic, bank, park area, trails, and companion uses to the existing church (meeting areas, daycare, retreat center) on approximately 71 acres. Assistant City Engineer Larry Popp1er briefly explained the proposed new access and right-of-way. The developers are proposing a street south of the senior housing to connect with the old McKenna Road to the east. The new McKenna Road will be constructed from County Road 42 to the north connecting to the old McKenna Road. The site plan has evolved since the applications original submittal in early 2005. While these changes have created some positive outcomes, (ie: removing impacts to the wetlands), they have also required multiple reviews. The most recent changes required L:\05 FILESI05 PLAN COMMISSIONl05 MINUTESIMNI I 1405.doc 3 Planning Commission Meeting November 14, 2005 updated plans which were received on November 7, 2005. Engineering has begun the review of the most recently submitted grading and utility plans. However, due to the size of the project and the late date at which they were received, staff is not able to sufficiently comment on the project. Based on the need to complete the preliminary plat submittal detailed above, the proposed plan cannot proceed as is. The Planning staff recommended the public hearing be continued to the November 28th Planning Commission meeting until several of these issues have been addressed. Kansier noted there was no need for an additional EA W. There were very few comments and all were positive. Comments from the Public: Project Manager Kermit Mahlum, Shepherd of the Lake Lutheran Church for Shepherd's Path, pointed out the attending group was available for comments including the project's engineers, architects, and housing partners. Ringstad questioned what the build-out timing phase would be. Mahlum felt it would be a 3 to 4 year total build-out. Mahlum also briefly touched on the nursing home and YMCA project time lines. Billington questioned how the Church and 501 c3 Corporation (nonprofit) were going to work. Mahlum explained the senior housing is a partnership joint venture with Presbyterian Homes (a profitable business). The Church is a 50-50 partner with Presbyterian Homes in this senior venture. That will be a separate organization in itself and separate from the Church. Billington questioned if there was any thought on foot or pedestrian traffic connecting between the Jeffers Pond and concept plan on County Roads 42 & 18. Mahlum said they met with the estate representative for the Jeffers Pond development a few years ago to discuss how they could work the projects together. There was a lot of talk of a possible . foot bridge and encourage to intermingle as much as possible. Walking paths will connect. Billington suggested continued talks on pedestrian traffic and safety between the parties. Mahlum indicated he was aware of the situation. Lemke asked to hear a little more on the community center and the youth center projects. Dan Saad of Safe Haven distributed updated building plans and spoke on the existing · Safe Haven projects. Saad summarized the building uses and the youth program. Anyone in the community will be able to access their livable training program. L:I05 FILESI05 PLAN COMMISSIONl05 MINUTESIMNI11405.doc 4 Planning Commission Meeting November 14, 2005 Billington questioned Saad on how the neighbors would handle student residents with negative behavior. Saad explained their regulations and are in contact with the neighbors and community (schools and police). Safe Haven has 4 exiting homes and they have really never had a problem. They want everyone to feel welcome and safe in their building. There were no other comments and the public hearing closed at 7: 12 p.m. Comments from the Commissioners: MOTION BY RINGSTAD, SECOND BY BILLINGTON, TO CONTINUE DISCUSSIONS ON THIS MATTER TO NOVEMBER 28,2005. Vote taken indicated ayes by all. MOTION CARRIED. C. 05-204 Amend Section 1102.1403 ofthe Zoning Ordinance to allow motor vehicle service and repair and auto body repair as conditional uses within the C-5 (Business Office Park) district. Planning Director Jane Kansier presented the planning report dated November 14, 2005, on file in the office of the City Planning Department. On August 1,2005, Joe Bendzick addressed the City Council regarding the use ofa building in the c-5 district for his business, Pro Service Outdoor Power Equipment, and for automotive repair and maintenance. Mr. Bendzick has since clarified that he needs no outdoor display of his lawn care equipment. He asked for clarification from the Council of whether retail and motor vehicle repair would be allowed in the c-5 district. These uses are not presently permitted within the c-5 district. The City Council directed staff to bring back a report on the implications of changing the ordinance to allow such uses in the c-5 district. The staff reported on this matter to the City Council on October 3 and October 17th. The Council then initiated the proposed amendment to the ordinance and directed staff to 'schedule the appropriate public hearings before the Planning Commission. The current proposal would expand the permitted uses in the c-5 to include Motor Vehicle Service and Repair and Auto Body/Painting. ;The Zoning Ordinance defines Motor Vehicle Service and Repair as "Repair, 'lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, night and weekend operating hours; motor fuel stations and auto body/painting are excluded." This use is allowed with a conditional use permit in the c-4 district, and as a use permitted with conditions in the I-I district. L:\05 FILES\05 PLAN COMMISSIONl05 MINUTESIMNI I 1405.doc 5 Planning Commission Meeting November 14, 2005 The proposed amendment allows these uses subject to a conditional use permit. The conditional use permit process guarantees design review by the Planning Commission and allows for public review. This allows the Planning Commission a bit more latitude in the design of the use. In order to minimize the impacts of these uses and to preserve the intent of the C-5 district, the staff is also suggesting some specific conditions be imposed on the proposed uses. These conditions (listed in the staff report) are intended to reduce visual, noise and air quality impacts by limiting outdoor storage and requiring specific permits. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan and the enabling legislation set forth in Minnesota Statutes. Based upon the findings, staff recommended approval of the amendment. Stamson questioned if this use was allowed in any other district. Kansier responded it was allowed in the Industrial and c4 districts and pointed out the districts. Billington questioned if the sign ordinance would change. Kansier responded this amendment is not intended to change any ofthe criteria and regulations in the C5 district. That includes signage, building materials and styles. The intent is to maintain all of the criteria. Comments from the public: Joe Bendzick explained the process of finding a building in Prior Lake. He would not change the image of the building. His intent would be to maintain a professional car repair service for the citizens of Prior Lake. Outside storage would not be required. Bendzick would like to improve the site with landscaping. Billington questioned how many vehicles they work on in a month. Bendzick responded between 200 & 300 cars. It's all based on scheduling, a day or two to fix and get it back to the customer. The customers do not want to have their vehicles left outside. They work closely with the County on their environmental regulations (engine, oil, hydraulic fluids disposal). Billington asked how many employees were with the business. Bendzick responded there were three but that is going to change. Ringstad questioned if the outdoor storage could be an issue as being part ofthe Conditional Use Permit. Bendzick replied the building is big enough to accommodate the storage. There should never be an issue with outside storage. They can add onto the building if needed. The public hearing was closed at 7:30 p.m. Comments from the Commissioners: L:I05 FILESI05 PLAN COMMISSIONl05 MlNUTESIMNl1 1405.doc 6 Planning Commission Meeting November 14, 2005 Lemke: . Staff mentioned this is really a policy issue. We all need to have our cars fixed. Businesses are high-tech now and sorry to say, cleaner than my garage. . The nature of the business is different than 20 years ago with cars outside. . Having a conditional use procedure in place is a good control. . Might be concerned with the noise issue. Not sure how close residential districts are to this site. . Support. Perez: . There is a public need and it accomplishes several points of the Comprehensive Plan. . The regulations are in place as well as the Conditional Use Plan process. Safeguards are there to mitigate any issues. . Approve. Ringstad: . Initially struggled with the public need - the more I hear tonight I do feel there is a need for it. I see the City Council had asked for this review. . The architectural standards would be higher than other districts. . With the controls proposed with the CUP and public hearings I will agree with my fellow Commissioners and support. Billington: . Given the parameters by staff, I am going to support with staff's conditions. Stamson: . Respectfully disagreed with Commissioners based on the intent of the c5 district. . The reason we created a c5 district was for a little higher level of development than the c4. We wanted something that was more office space with higher levels of design and attract a higher quality business. . My concern is for the other c5 districts that have not been developed. In order to attract strong businesses and higher quality business we need to guaranty them what type of business they are going to be next to. This type of business can be noisy and messy. I worked next to one and just having the doors open in the summer with the air wrenches and moving things around is loud. . It is not a good fit for the c5 district. Some are clean and neat, others are not. The majority ofthem have old cars and body parts sitting out in the lot. . Looking at the zoning up on County Road 42, this does not fit. Even though this business may be clean and organized, others may not. It is a fine fit for the industrial district but not c5. . No doubt Mr. Bendzick would run a good business but others may not. However, we are opening this up to everyone. Not everyone runs a clean operation. We L:\05 FILES\05 PLAN COMMISSIONl05 MINUTESIMNI 11405.doc 7 Planning Commission Meeting November 14, 2005 have other areas that fit this business. As we go forward looking at the bigger picture it can potentially hinder the high quality taxed business. . Oppose as it is not necessary and does not fit the district's intent. MOTION BY BILLINGTON, SECOND BY PEREZ, RECOMMENDING CITY COUNCIL APPROVE THE AMENDMENT WITH CONDITIONS IN THE STAFF REPORT. Vote taken indicated ayes by all. Starnson nay. MOTION CARRIED. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: Kansier asked the Commissioners ifthey would be available for the December 27th meeting. Lemke and Billington stated they would be available. Let staff know. Starnson asked when the new City Council would be sworn in. Kansier responded it would be the first meeting in January. Starnson suggested a workshop with the new Council. Kansier said staff was aware of the workshop and will organize an agenda and get back to the Commissioners with dates. 9. Adjournment: The meeting adjourned at 7:43 p.m. Connie Carlson Recording Secretary LI05 FILESI05 PLAN COMMISSIONI05 MlNUTESlMNl1 1405.doc 8 PLANNING CO~1~~~~TING MONDAY, 0 ..;2lJQ5 SIGN UP ATTENDANCE SHEET Please print your name and address. Thank you. ADDRESS .s " L .., " " L:\DEPTWORK\Pub1ic Hearing Sign Sheet.doc