Loading...
HomeMy WebLinkAbout102819 PC Meeting Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, October 28, 2019 1. Call to Order and Pledge of Allegiance: Vice Chair Tieman called the Monday, October 28, 2019 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Dave Tieman, William Kallberg, Dan Ringstad and Jason Tschetter. Absent was Commissioner Bryan Fleming. Also present were Community Development Director Casey McCabe, Planner Amanda Schwabe, and Community Development Services Assistant Sandra Peppin. 2. Approval of Agenda: MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO APPROVE THE MONDAY, OCTOBER 28, 2019 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 3. Approval of Monday, October 14, 2019 Meeting Minutes: MOTION BY TSCHETTER, SECONDED BY TIEMAN TO APPROVED THE MONDAY, OCTOBER 14, 2019 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES WITH THE ADJUSTMENTS SUGGESTED BY TSCHETTER. VOTE: Ayes by Tieman and Tschetter. Abstain by Kallberg and Ringstad. The Motion carried. 4. Public Hearings: A. DEV19-000015 – Boudin’s Manor Association – Conditional Use Permit (CUP) – Kathy Smith on behalf of the Boudin’s Manor Association is requesting a Conditional Use Permit to increase the number of boat slips at a Controlled Access Lot in the R-1 SD (Low Density Residential Shoreland) Zoning District. PID: 251530010. Planner Schwabe: Introduced the consideration of a Resolution approving a Conditional Use Permit allowing an increase in boat slips at the controlled access lot for Boudin’s Manor Association in the R-1 SD (Low Density Residential Shoreland) Zoning District located along Boudin Street NE, west of State Highway 13 on Lower Prior Lake. She explained the history, current circumstances, site characteristics, Conditional Use Permit (CUP) analysis, issues, and recommended a motion. She presented a resolution, location map, survey, and aerial photos with measurements. Commission Comments/Questions: Kallberg: Questioned if written permission from the adjacent property owners was provided to secure a dock to the lakebed. Planner Schwabe: Replied she doesn’t believe so; however, the applicant mentioned conversations with the property owner regarding access to the property. She explained the necessary condition and said it is in place regarding use of the lakebed not owned by the applicant. Kallberg: questioned if the 1,000-foot parking requirement is 1 parking place for every 4 owners who live more than a thousand feet. Planner Schwabe: Replied that is correct. Kallberg: Asked about additional needed parking for slip owners that live more than 1,000 feet away. Planner Schwabe: Explained the condition does speak to members who live in the association who have a slip. She suggested letting the applicant speak regarding that question and explained other means to get to the controlled access lot area. 2 Ringstad: Asked if this design is like the design the Commissioners viewed in May of 2019. Planner Schwabe: Replied yes, that is correct, the design has not changed. Tschetter: Stated he is a resident of this neighborhood and will excuse himself from any discussion or voting on this topic. Applicant David Lind: Resides at 14144 Rutgers Street. He explained his location and how long he has been a resident of this neighborhood. He commented on how many people are in the association, how they get down to their boat slips, how many members there are in the association with docking rights and stated parking is not an issue. Bob Miller: Resides at 14359 Watersedge Trail. He commented of his location and the non-slip members access and parking. Lind: Commented on the bylaws of the association, kids fishing on docks, pavilion reservations, available to the neighborhood, restrictions on renting/leasing, and voting rights. MOTION BY RINGSTAD, SECONDED BY KALLBERG, TO OPEN THE PUBLIC HEARING ON ITEM 4A AT 6:22 P.M. VOTE: Ayes by Tieman, Kallberg and Ringstad. Abstained by Tschetter. The Motion carried. Public Comment: Jim Goodchild: Resides at 14450 Watersedge Trail. He pointed out his location, shared a story of another dock addition proposal made years ago and how the association opposed it. He stated he is also against additional docks. He commented on the eligibility of having a slip and the additional slips that were granted years ago. Rene Schmidt: Mentioned she was at the May Planning Commission Meeting where this was originally presented to the Commissioners. She commented on the existing dock configuration, the property line, this proposal being further expanding the original proposal, moving the dock to accommodate the existing, supports use of the lake. She explained their concern is configuration of the dock. She suggested another area to put some slips. She commented on a meeting with the DNR in 2011/2012 and the DNR’s comments, property owners’ rights, expansion, changing their configuration and asked the Commissioners to really look hard at this situation and finding a solution that works for all of us. Miller: Commented on taxes being paid for by the association and said it is not a deeded situation. He pointed out Watersedge Trail is a deeded situation with a deeded ramp and access to the lake. Tieman: Asked for confirmation on how it is determined who gets the slips. Miller: Explained how slips are awarded, stating the slip you are assigned goes with the home. He explained how he was granted his right to use a slip and commented on the configuration of the docks. He mentioned a story of why the docks are this way, stating the bay was essentially dry land when it was platted. He commented on ownership of the bottom of the lake and investments for access including dredging a channel for access. Lind: Commented on the docks being reconfigured. Miller: Said it was logical to have the two-dock setup and if we are approved for seven more slips, the association is open to reconfiguration. He shared that the association was originally planning to go with the most obvious way to extend the docks. He said they understand how the lakebed ownership is defined and that it is just an unusual situation. MOTION BY RINGSTAD, SECONDED BY KALLBERG, TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 6:33 P.M. VOTE: Ayes by Tieman, Kallberg, and Ringstad. Abstained by Tschetter. The Motion carried. Commission Comments/Questions: Ringstad: Stated back in May he voted to support this, and it was a 2/2 vote which didn’t allow this to pass. He will be supporting this agenda item tonight also. He mentioned comments on how these 7 slips 3 may be disbursed among the association members and stated this is not why we are here tonight; we are here to vote on and debate the 7 additional slips in and of itself. W hile 7 more boat slips will create some more traffic in that bay, he doesn’t believe it will materially affect anybody adversely to the point where he would be voting against it. He will be voting to support this agenda item tonight. Kallberg: Stated there is nothing new from what we have from May. He said the 2 major questions were the navigability of the bay and the configuration of the docks and nothing has changed there, other than the measurements of how far apart the docks are or will be and how wide the channel is. He said all the conditions should be strictly adhered to and the ownership, as this was not a lake when it was platted. He stated it is a complex issue and although it may not be in our purview, the fairness of transfer should be the dock goes with the property when the property is sold, doesn’t seem fair to him, but is not a legal issue for us to deal with. He said he doesn’t see anything new here in May, so he doesn’t feel strong about supporting this agenda item. Tieman: Stated back in May he was a no vote; he is swayed somewhat as his concern back in May was the docks layout. He is feeling better about the Homeowners Associations desire to work with neighbors on a lay out that would work better. He doesn’t feel the 7 slips will make a big impact on this lake or this area. He will be supporting on the grounds that the applicant will commit to the layout as planned. MOTION BY RINGSTAD, SECONDED BY TIEMAN, TO APPROVE A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CONTROLLED ACCESS LOT WITH 39 BOAT SLIPS FOR THE BOUDIN’S MANOR ASSOCIATION WITHIN THE R-1, LOW DENSITY RESIDENTIAL USE DISTRICT WITH THE LIST OF CONDITIONS. VOTE: Ayes by Tieman and Ringstad. Nay by Kallberg, Abstain by Tschetter. The Motion carried. B. PDEV19-000028 – Inguadona Beach Association – Conditional Use Permit (CUP) – Property Owners of Inguadona Inc., are requesting a Conditional Use Permit to allow a controlled access lot homeowner’s association dock system to accommodate up to 20 slips for the lake access homeowners within the plat of Inguadona Beach. PID: 250950480. Director McCabe: Introduced the consideration of a Resolution approving a Conditional Use Permit allowing a controlled access lot on Inguadona Beach Circle SW. He explained the history, current circumstances, site characteristics, Conditional Use Permit (CUP) analysis, issues, and recommended a motion. He presented a location map, Inguadona Beach plat and an existing and proposed dock configuration. Commission Comments/Questions: Tieman: Asked why they are not going straight to 20 slips. Director McCabe: Explained his thoughts on why they were not going to 20 slips, commented on the timeframe for the application and suggested to ask the applicant for comment. Tschetter: Questioned the removal of the provision requiring rest room facilities and asked if any other controlled access lots have had this provision removed. Director McCabe: Stated most controlled access lots don’t have restrooms. He explained the outcome of this section of the ordinance which was amended in 2014. He stated the association was ok with keeping the restroom condition; however, they asked that it be removed as it wouldn’t be used by residents due to the proximity to the residences. Tschetter: Stated in general as we think about the lake water quality and emergencies that happen when you are on a boat, etc., he would generally be in favor of keeping that provision in for consistency, but also recognizes this does serve in part as a marina for the neighborhood. He mentioned the dedicated waterfront and asked if there was any intent to consolidate or re-title any of the dedicated waterfront or if that was a different topic. Director McCabe: Pointed out that it was a slightly different situation than a dedicated waterfront and explained that the plats from this area were from the 1920’s and 1930’s and that many have this sliver of land. He said most of the plats have property dedicated to all owners of property within the subdivision, which creates some tricky neighborhood issues. He explained this sliver of land has its own Parcel ID 4 Number and what the outcome would be if this was a dedicated waterfront, stating the HOA can request a controlled access lot. Tschetter: Thanked Director McCabe for the clarification and stated dedicated waterfronts are a unique issue with several areas on the lake and glad that it is not an issue for this topic. Kallberg: Asked if the proposed dock system would go from 6 up to 20 as needed and the other 23 are scattered around that common lakeshore property. Director McCabe: Explained the largest the slip could be is 20 as the other slips combined including this could be a total of 46; however, they are anticipating 43 at this time. Kallberg: Confirmed that the existing 6 would become 20 or adding 20. Director McCabe: Stated the existing 6 would become 12 at this point and could be expanded up to a total of 20 in the future. Applicant: Marilyn Demarce: Resides at 16576 Inguadona Beach Circle SW. She shared how long she has lived in the neighborhood, why they are requesting the approval of the conditional use permit, and stated they currently have a dock; but also have a waiting list for owners. She explained why they are not expanding to the full 20 right away but that they would like to have the ability to expand to a total of 20 slips on the dock system. She mentioned the support for applying for this permit from the association and their future plans. She commented on being flexible with the restroom issue. Tieman: Questioned slips being at 20 and how would that be configured going forward. Demarce: Replied same configuration, just go out further. Tschetter: Asked about the restroom facility and who would be using this facility. Demarce: Replied just for the residents. She stated it really is not necessary because everyone is very good about picking up their garbage when they go home. Tschetter: Said it is one thing with 6 slips and another thing with 20. Demarce: Agreed and stated she understands that. MOTION BY TSCHETTER, SECONDED BY KALLBERG, TO OPEN THE PUBLIC HEARING ON ITEM 4B AT 6:51 P.M. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Public Comment: Chris Kampen: Resides on Inguadona Beach Circle. He stated he believes everyone here is in approval of this request and would like to get on the list for the exemptions after the new ordinance gets into place. He commented on the great neighborhood, good association, lake access to future homeowners, empty lots in the neighborhood, still building homes, boats on Prior Lake and said he has enjoyed the lake for many years and would like to make sure that everyone in the association and in the neighborhood has the opportunity to enjoy Prior Lake. Ryan Svenby: Resides at 16455 Inguadona Beach Circle SW. He commented on configuration and said he would like to prevent situations for the back lotters to use random docks, rather they have equal rights and use lot 3 to utilize their slip. MOTION BY RINGSTAD, SECONDED BY TSCHETTER, TO CLOSE THE PUBLIC HEARING ON ITEM 4B AT 6:55 P.M. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Commission Comments/Questions: Tschetter: Said he thinks the formalization of these types of arrangements as we look to clarify our ordinances is beneficial to all involved. He said he is in support of moving this forward and getting this clearly on the list of controlled access lots for clarity and we can continue the discussion from there as appropriate when permits arise. Ringstad: Stated he will be voting to support this agenda item. He said while every association and applications have some differences, he believes the fact that we approved an expansion earlier in the meeting, he doesn’t see any material issues why we would not also support this one tonight. He said he 5 could support this without the temporary restroom facility. While it is minor, it seems like all the residents live near where this dock is and if it is the consensus of the commission to approve with the facility, it is okay; however, he could support it without. Kallberg: Stated he finds the conditions here significantly different than the Boudins Bay/Manor request. He said he would like to take a moment to recognize Prior Lakes oldest professional champion water skier in the audience, former co-members of the spring lake watershed district board of managers. He said he will support this. Tieman: Stated he will also support this agenda item. He said it is nice to see the community come together and support each other. MOTION BY KALLBERG, SECONDED BY TSCHETTER, TO APPROVE THE RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) ALLOWING A CONTROLLED ACCESS LOT ON INGUADONA BEACH CIRCLE SW WITHIN THE R-1, LOW DENSITY RESIDENTIAL USE DISTRICT. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. 5. Old Business: No Old Business. 6. New Business: A. DEV19-000029 – Archer LLC - Conditional Use Permit (CUP) Amendment – Archer LLC (Select Space Storage) is requesting a Conditional Use Permit Amendment to remove Condition 3. (k) of Resolution #14-03PC related to annual renewal requirements on a property in the C-3, Business Park Use District. PID: 253630010. Planner Schwabe: Introduced the consideration of an Amendment to the existing conditional use permit for a self-service storage facility within the C-3 (Business Park) Use District located at 4370 Fountain Hills Drive NE; west of Pike Lake Trail NE, east of CSAH 21 and south of CSAH 42. She explained the history, current circumstances, site characteristics, Conditional Use Permit (CUP) analysis, issues, and recommended a motion. She presented a resolution, location map and an applicant narrative. Commission Comments/Questions: Tschetter: asked if administratively we could have written this differently so that the construction as per the requirements of the building permit had to be completed within a year rather than conditioning the entire CUP for a year. Planner Schwabe: Replied that is correct. Kallberg: Suggested standard language of a CUP should state that construction needed to be completed within one year or a renewal would be required, rather than having to come back. He commented on the sale of the property. Commission Comments/Questions: MOTION BY TSCHETTER, SECONDED BY RINGSTAD AT 7:05 P.M., TO APPROVE A RESOLUTION APPROVING AN AMENDMENT FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE STORAGE FACILITY WITHIN THE C-3 (BUSINESS PARK) USE DISTRICT. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. B. 2019 Accomplishments & 2020 Goals – Director McCabe: Introduced the consideration approving a list of the Planning Commission’s top three goals for 2019 Accomplishments and 2020 Goals prepared by staff. He explained the history, current circumstances, issues, and recommended a motion to approve the list of 2019 accomplishments and 2020 goals as proposed by city staff, or as further amended by the Commission. He presented the following: 2019 Accomplishments – 6 1. Held 21 public hearings, recommended zoning actions related to community and economic growth including 6 plats totaling 124 residential units (two projects are pending) and acted upon 11 variance applications and 5 conditional use permits. 2. Deliberated ordinance amendments in areas of dock regulation, driveway permits, backyard chickens & honeybees, as well as the public infrastructure funding processes. 3. Improved communication to the community on land use projects by posting public notices to the Prior Lake website and increasing the amount of information presented in public mailings and meeting communications. 2020 Goals – 1. Continue to make decisions and recommendations on subdivisions and zoning application. 2. Consider amendments to the zoning ordinance for economic vitality. 3. Continue to foster and strengthen engagement and dialog with the broader community. Commission Comments/Questions: Tschetter: Asked if the signage for property development was last year or this year. Director McCabe: Replied it was earlier this year when that was implemented. Tschetter: Stated this should be part of what is included in the communications. He said he is glad the chicken and bees are in here and the only other item he would like to add is the bus tour with the Council and other Commissions and asked if that was last fall or this spring. Director McCabe: Replied that was earlier this spring. Tschetter: Said that would be another notable accomplishment. Ringstad: Said based on two public hearings tonight; docks and associations always seem to bring out neighborhood residents both for and against and we seem to get our share of these topics. He suggested another bullet point could be lake usage and lake issues because they seem to be coming down the road at a quicker pace than they have in the past. Tieman: Agreed that lake issues are the biggest item that gets the community involved. Kallberg: Said he would like to make mention that our namesake does bring a lot of business to the Planning Commission. MOTION BY TSCHETTER, SECONDED BY TIEMAN, TO APPROVE THE 2019 ACCOMPLISHMENTS AND 2020 GOALS WITH THE ADDITION OF DEVELOPMENT SIGNAGE AS AN ACCOMPLISHMENT, NOTING THE BUS TOUR WITH THE COUNCIL AND OTHER COMMITTEES AND A SEPARATE BULLET POINT RELATED TO LAKE USAGE, LAKE REGULATIONS AND OTHER ISSUES AT 7:11 P.M. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Director McCabe: Stated one final item on the accomplishments and goals regarding if there is any member of this committee who would like to present accomplishments and goals or nominate Chair Fleming. Tieman: Stated he nominates Chair Fleming; otherwise, would be glad to be the spokesperson on this subject. He said Chair Fleming or Vice-Chair Tieman will be there. Announcements: None. 7. Adjournment: MOTION BY RINGSTAD, SECONDED BY KALLBERG TO ADJOURN THE MONDAY, OCTOBER 28, 2019 PLANNING COMMISSION MEETING AT 7:12 P.M. VOTE: Ayes by Tieman, Kallberg, Ringstad and Tschetter. The Motion carried. Respectfully submitted, Sandra Peppin, Community Development Services Assistant.