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HomeMy WebLinkAbout052819 PC Meeting Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Tuesday, May 28, 2019 1. Call to Order and Pledge of Allegiance: Commissioner Fleming called the Tuesday, May 28, 2019 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Bryan Fleming, Dave Tieman, William Kallberg, Dan Ringstad, Jason Tschetter and Liaison Zach Braid. Also present were Community Development Director Casey McCabe, City Planner Amanda Schwabe and Community Development Services Assistant Sandra Peppin. 2. Approval of Agenda: MOTION BY TSCHETTER, SECONDED BY RINGSTAD, TO APPROVE THE TUESDAY, MAY 28, 2019 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. 3. Approval of Monday, May 13, 2019 Meeting Minutes: MOTION BY KALLBERG, SECONDED BY TIEMAN, TO APPROVE THE MONDAY, MAY 13, 2019 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. 4. Public Hearings: A. PDEV19-000015 – Boudins Manor Association – Conditional Use Permit – Kathy Smith on behalf of the Boudin’s Manor Association is requesting a Conditional Use Permit to allow an increase of seven (7) boat slips on an existing dock system located on a property in the R1-SD, Low Density Residential Shoreland District. PID: 251530010. Planner Schwabe: Introduced a public hearing to consider approval of a resolution approving a conditional use permit allowing an increase in boat slips at the controlled access lot for Boudins Manor Association in the R-1 SD (Low Density Residential Shoreland) District. The property is in the Boudins Manor Association, along the eastern shores of Lower Prior Lake, south of Boudin Street NE. He explained the history, current circumstances, issues and recommended a motion. He presented a resolution, location map, and a survey. Commission Comments/Questions: Fleming: Asked if there were any conversations with the Boudins Manor Association and/or their representative. He questioned if this would be the final request or maybe a consideration down the road will be in for a similar request for more than 39 slips. Director McCabe: Explained his meetings with the applicants and 39 is the maximum number allowed under our criteria with the formula of one slip for 18.75 feet, leaving 39 as the maximum number they could request. Fleming: Asked, technically could the Association come back to the City in a subsequent year and asked to increase greater than 39. Director McCabe: Explained the outcome to that request; stating it would be a conditional use permit, staff would recommend denial of the conditional use permit as it wouldn’t meet our minimum standards. Fleming: Mentioned the number of conditions including exceptions and asked if there are any reservations or questions about whether these conditions can be meet with full fidelity. Planner Schwabe: Replied staff doesn’t have any concerns at this time. Ringstad: Questioned if the DNR was notified as a courtesy or if it is more than a courtesy. 2 Planner Schwabe: Explained the courtesy notification, referral notifications and that the permitting has been transferred to the City back in 2003; however, the City still stays in communication with the DNR for concerns. Ringstad: Asked if Prior Lake set up the limitations of 18.75 feet per slip or a standard of other communities that have lakes and dock. Director McCabe: Responded it is a City of Prior Lake number that was established by a Task Force that was assembled when this section of the ordinance was amendment in 2015/2016 and that number was selected because the City previously had a very complicated system for establishing the number of slips. He said what it worked out to be was basically 1 per 18.75 feet, to simplify the old system. Ringstad: Commented on having a number for all associations for guidelines. He questioned how many associations there are on Prior Lake that have docks and use this system. Director McCabe: Mentioned the 13 permits on file including Boudin’s. He commented on Boudin’s being the only one under their maximum allowed number of slips, why the conditions were included, non-conforming and grandfathered in to maintain the amount of slips, the number of allowed slips and said Boudin’s was the only one that had room to increase their number. Kallberg: Asked about the measurement and which one was used in this calculation because per his math they would be allowed to add five without any special permission. Director McCabe: Mentioned the surveyor’s notes, explaining the note number 3, and how staff counts the entire length of the 904 and provide credit for the 31 feet that is off the survey. Kallberg: Asked if it was 37. Director McCabe: Agreed. Kallberg: Said it is at 39. Director McCabe: Responded, that is correct; and explained in this case we measure lineal feet, following the high-water elevation contour and explained how they follow the contour for 31 feet. Kallberg: Questioned the need for a conditional use permit, as it is already allowed per our calculations. Director McCabe: Explained the controlled access lot process and the conditional use permit process for anything that was created today or existed prior to today and is expanding any expansion for dock systems. In this process there is always public comment and the ability for the Planning Commission to ensure they are meeting all the minimum requirements. Tschetter: Stated he will not be making any statements, comments, questions or voting on this matter as he lives in the neighborhood. Applicant Kathy Smith, Boudin’s Association Treasurer: Resides at 14358 Lois Avenue NE. She commented on this area being organized 40 plus years ago, one of the reasons for the association and the reason why they are asking to bring the number of docks slips to what is allowed. Tieman: Asked if there was an increase in housing, a need, or a desire for the 7 additional slips. Smith: Explained they have a waiting list, that they have added more homes and that they would like to see more people in our area be able to partake in the recreational area. Kallberg: Asked how many members are in the association. Smith: Responded we have 32 members and will be adding 7 more to make it to 39. She explained their memberships for the people that don’t have dock access to the lake. Kallberg: Questioned the requirement for owners living within the 1,000 feet that need parking. Director McCabe: Explained the thoughts/comment from the Task Force who looked at the controlled access lot and update the language relating to the 1,000 feet for parking. He said we don’t share that same fear in this neighborhood/development and explained why. Kallberg: Questioned if the members have 2 boats or are trying to provide spaces for guest’s? Smith: Shared the members guests’ docking rules and parking. Fleming: Questioned Mrs. Smith comments to further explain what the slip would be for; the association member or the boat of a guest or both, correct? 3 Smith: Explained the associations rules don’t allow renting and the owner’s guest could use the owners spot for the day; however, would need to be gone by evening. Fleming: Asked where the owner’s boat would go. Smith: Responded it would not be able to be there through the night as the owner needs to put their boat in the dock; therefore, there is no room for anyone else. Ringstad: Questioned if approved tonight, what the procedure is for awarding the slips; lottery or predetermination for the 1-7 extra slips as there 12 on the waiting list and only requesting 7 more. Smith: Replied it was first call gets a dock and then goes onto the waiting list. She explained how the waiting list works. Ringstad: Said good, thank you. MOTION BY RINGSTAD, SECONDED BY TIEMAN, TO OPEN THE PUBLIC HEARING ON AGENDA ITEM 4A AT 6:27 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. Public Comment: John Farmer: Resides at 6807 Boudins Street. He questioned how many acres the Boudin’s Bay is. He commented on the number of the boat clubs slips in 2011, adding slips, narrow channels, gas lines, Boudin’s Manor being against adding additional slips for the Boat Club and that the bay is great and should be enjoyed, but felt there is already too much going on in the bay. Maureen Hermann: Resides at 14151 Timothy Avenue NE. She said she was involved in not having the commercial expanding due to parking. She commented on lack of parking, walking down to the lake, packing up boats, having friends over, and parking in the neighborhood, stating parking was one of the sticking points of not allowing them to expand. Renee Schmidt: Owns property at 6885 Boudins Street NE. She said she supports Boudin’s Manor desire to expand their slips and commented on using the lake and its resources. She questioned how Staff can be recommending an expansion of dock system on privately owned property and if there is a different dock configuration that could be considered. She commented on the property that is expanding the dock system onto, on meandered property, and the right to claim navigation over that water. She pointed out the lot line and asked about the concept of non- meandered water discussion with the DNR, City Council, and Staff Members that happened over five years ago. She shared examples that suggested building on neighbor’s property not being allowed. She also asked how staff gets to look at what codes are included and excluded for certain applications and if there is a code, how do you apply that equity if she wanted to add 7 more slips. She suggested treating things consistently and fairly with a better understanding of the rules. She said she would love to work with Boudin’s Manor Association and other Condo Associations as well as to find solutions that work for all of us. Fleming: Asked Staff to speak to the ownership interest. Director McCabe: Explained how this application request was sent to the DNR and why we send these requests to the DNR. He stated the DNR had no comment on the applicati on; therefore, we always regulate above the 904 elevation and not below. He commented on understanding the registration due to this being platted property before this was part of the lake. Fleming: Asked how we insure the equitable application of our codes, ordinances and regulations. Director McCabe: Explained the process of removing and recommending; stating, the decisions are up to the Planning Commission. He touched base on the two conditions that were highlighted; parking and non-conformity. He commented on the language regarding controlled access lots and maintaining the existing number of slips. He said we can apply the language; however, it doesn’t influence this request and the non-conforming language didn’t fit either as if this is approved it would be a conforming lot which does meet the minimum requirements. He explained how the zoning ordinance is structured for all our zoning districts. Schmidt: Said the information she shared from the non-meandering was directly from the DNR at a meeting lead by the DNR in this very building; therefore, she would ask the Commission to 4 review what non-meandering means and understand that this is not a public water, it is actually a public water, but we have actually have deeded property that we pay taxes on and it is our parcel. She reiterated that she needs the Council to understand that and make sure you are deciding based on her property. Joyce Arneson: Resides at 6805 Boudin Street NE. She stated she lives in the townhouses that are near the boat club and they have their own 10 dock spaces for their 10 units. She commented on parking being a serious problem and asked how many spaces per the boat dock diagram is being counted. Director McCabe: Suggested to have the applicant speak on the number of slips. He explained the applicants desire to have the dock additions be uniform and have one of their current dock spaces as a pick up/drop off space, rather only pick up and drop off for neighbors and friends. Fleming: Explained the math as 8 new and 1 existing that will be going away. Director McCabe: Replied, that would be correct. Mary Kubat: Resides at 14399 W atersedge Trail NE. She mentioned a comment regarding new properties, expansion and being on a waiting list since 1995. She said they are within less than a block away and have no need for parking. She stated they are anxiously waiting for this to happen and won’t be impacting parking in any way. Margaret Klein: Resides at 6771 Boudin Street NE. She commented on issues of fluctuation of water in the bay, being shallow in the bay if we have any kind of a drought at all, narrowness of the channel, a certain passageway that can be followed when the water is a little bit deeper and coming close to the existing docks and expansion of those docks this year will probably be no problem with all the rain we have had, but on a shallow year, I am not sure how the rest of us including the boat club can get in and out. MOTION BY TSCHETTER, SECONDED BY TIEMAN, TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 6:42 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. Commission Comments/Questions: Ringstad: Thanked everyone for the public testimonies and thanked Staff for a well written report. He commented on how easy it was to follow and read and agreed with the expansion of the seven boat slips, it is from a survey standpoint going from 32 to 39 is allowed and will be in support. Fleming: Stated he will be supporting the application and is compelled that the threshold for 1108.202 with the 8 threshold elements have been met and the condition of which there are 15 including the exclusion of (i) and (o) he is confident that they can be met and will be supporting the resolution. He said he is struck by this ownership interest and has never had a staff report miss an ownership interest element; therefore, finds that shocking. He said he will be supporting the application. Tieman: Said he keeps coming back to one of the conditions for approval of a CUP being, “Use shall not have adverse impact and enjoyment of properties near”. He said this does have some negative impact on some of the proximity neighbors, that is a narrow area through there and extending those docks out could make a challenge for some of the neighbors . He stated he will be opposing this application. Kallberg: Commented on mixed reactions, 32 members of the association, and the thought of living within the 1000 feet. He asked why 7 more boat slips are needed. He commented on the issue of the water level fluctuation, living on lakes for 30 some years and how to deal with the water levels. He stated he is not in favor of this even though it meets the criteria of the 18.75 feet. He commented on other arguments regarding the confines of this bay and excess in and out to different docking areas, stating this does impact everybody who is already established there. Fleming: Clarified with Commissioner Tieman and Commissioner Kallberg that they are referencing 1108.202, Subparagraph 4, “The use shall not have undue adverse impacts on governmental abilities services or improvements which are either existing or proposed” or if it was another element. 5 Tieman: Replied it is not 1108.202, Subparagraph 4 and explained it is the element that will not have adverse impacts and enjoyment of properties near; Number 5. Fleming: Clarified with Kallberg, if his reference was also Number 5. Kallberg: Confirmed Number 5. Director McCabe: Asked from a Staff perspective and for a little more direction, is the concern being over the lot configuration or the total number of slips. He suggested to make an alternate dock system configuration to address their concerns. Tieman: Replied yes, if the dock system could change the layout, he would feel much better about this as his concerns, as his concerns lie with the length of docks sticking out of the bay and the impact that this will have on the neighborhood. Parking is also a concern, but the big picture is the length of the docks. Kallberg: Stated he agrees with Tieman. MOTION BY RINGSTAD, SECONDED BY FLEMING TO APPROVE THE RESOLUTION 19-XXPC APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CONTROLLED ACCESS LOT WITH 39 BOAT SLIPS FOR THE BOUDIN’S MANOR ASSOCIATION WITHINTHE THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT WITH THE LISTED CONDITIONS. VOTE: Ayes by Fleming and Ringstad; nays by Tieman and Kallberg; Abstain by Tschetter. The Motion failed. B. Amendments – Prior Lake City Code Part 1, Administrative; Part 10, Subdivisions; and Part 11, Zoning – Consider multiple amendments to Part 1 (Administrative); Part 10 (Subdivisions); and Part 11 (Zoning) of the Prior Lake Code. Proposed amendments include, but are not limited to, City of Prior Lake Fee Schedule, public infrastructure and related fees, and premature development. Director McCabe: Introduced a public hearing to consider recommending amendments to Part 1 (Administrative); Part 10 (Subdivisions); and Part 11 (Zoning) of the Prior Lake City Code. He explained the current circumstances, proposed amendments, and recommended motion. Commission Comments/Questions: Fleming: Thanked Director McCabe and complimented on the good combination of conversation, language and thinking that has been in past review. He shared appreciation of the presentation. Tschetter: Seconded the comments from Commissioner Fleming regarding the work that has been done by Staff over the last year to the zoning updates. He compared past language to current language and thanked staff for the improvement. Ringstad: Agreed with prior comments from the Commissioners and commented on the redline version of the old language versus the proposed insertion of the new language and said, this really does clean this up. He asked about something he has seen in new communities, but has not seen in Prior Lake regarding with new housing plats. He shared an example from another city regarding developers’ agreements, assessments of roads and infrastructure and asked if that is something that the city considers or not. Director McCabe: Explained why some communities work out details differently and that the city does most of the infrastructure, installation and coordinates that themselves. He said Prior Lake has not done this to the best of his knowledge; however, that doesn’t mean that it is not an option. He explained different situations with the assessment costs and gave examples of how that is worked out with the city/developer and individual parcels. Tieman: Shared appreciation to City Staff for work done regarding this subject. Kallberg: Commended staff for another monumental effort and said the need was certainly there, we need to keep up with the times and everything met the intentions that were set forth. MOTION BY KALLBERG, SECONDED BY RINGSTAD, TO OPEN THE PUBLIC HEARING ON AGENDA ITEM 4B AT 6:58P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. 6 Public Comment: No comments from the public. MOTION BY KALLBERG, SECONDED BY RINGSTAD, TO CLOSE THE PUBLIC HEARING ON ITEM 4B AT 6:58 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO RECOMMEND THE CITY COUNCIL APPROVE THE AMENDMENTS TO PART 1, (ADMINISTRATIVE); PART 10, (SUBDIVISION); AND PART 11, (ZONING) OF THE PRIOR LAKE CODE AS PROPOSED OR AS MAY BE FURTHER AMENDED BY THE PLANNING COMMISSION. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. 5. Old Business: No Old Business. 6. New Business: No New Business. Announcements: • Next Planning Commission Meeting is scheduled for June 10, 2019. o No public hearing items schedules for this meeting. o No old or new business. o Will be reaching out for topics to discuss at a brief work session that evening. 7. Adjournment: MOTION BY TSCHETTER, SECONDED BY TIEMAN TO ADJORN THE TUESDAY, MAY 28, 2019 PLANNING COMMISSION MEETING AT 7:01 P.M. VOTE: Ayes by Fleming, Tieman, Kallberg, Ringstad, and Tschetter. The Motion carried. Respectfully submitted, Sandra Peppin, Services Assistant.