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HomeMy WebLinkAbout03 14 2022 PCM Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, March 14, 2022 1. Call to Order and Pledge of Allegiance: Chair Tieman called the Monday, March 14, 2022 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Dave Tieman, Jason Tschetter, and William Kallberg; Absent were Dan Ringstad and Bryan Fleming. Also present were Liaison Kim Churchill, City Engineer Nick Monserud, Development Director Casey McCabe, City Planner Jeff Matzke, City Planner Ian Cochran, and Development Services Assistant Sandra Peppin. 2. Approval of Monday, March 14, 2022 Agenda: MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE THE MONDAY, MARCH 14, 2022 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. 3. Approval of February 14, 2022 Meeting Minutes: MOTION BY KALLBERG, SECONDED BY TSCHETTER TO APPROVE THE FEBRUARY 14, 2022 PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. 4. Public Hearings: A. PDEV22-000003 – Pike Lake Landing – Conditional Use Permit – Parkhaven Holdings, LLC, the property owner, is requesting a Conditional Use Permit to allow grading and utility extension. PID: 255550620. Planner Matzke: Introduced the public hearing to consider approval of a resolution approving a conditional use permit amendment to allow additional grading and tree removals on the properties located on Outlot I, Pike Lake Landing Development. The subject site is located southeast of the intersection of County Highway 42 and Marsh Drive NW. He explained the history, current circumstances, issues, and recommended a motion. He presented a resolution, location map, and project plans dated November 12, 2021. Engineer Monserud: Explained the grading plan, and utility plan for this project. Commission Comments/Questions: Tschetter: asked if the intent is to leave this as a construction ready lot. Planner Matzke: Replied Yes, they want to define where the buildable area of the property is outlined. Tschetter: What kind of signage would go up on the site. Planner Matzke: Explained they type of sign and said there would also be homeowners building homes in this area. so we want to make sure that it is noted that this would be a commercial site. Tschetter: This area will look bare and anything that we can have the developer note what is going on this site would be great Planner Matzke: Explained the trees were already removed from the site. Tieman: Asked if maintenance of the site is the responsibility of the developer. Engineer Monserud: That is correct. Applicant: No Comment. MOTION BY TSCHETTER, SECONDED BY TSCHETTER TO OPEN THE PUBLIC HEARING ON ITEM 4A AT 2 6:14 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Public Comment: None. MOTION BY TSCHETTER, SECONDED BY KALLBERGTO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 6:14P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Commission Comments/Questions: Tieman: Supports the request, the criteria of the CUP process is meet through the public hearing and development planning process. Tschetter: Supports, administrative step in the development process. Kallberg: Supports, next step in the phase of the project. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO ADOPT A RESOLUTION (RESOLUTION 22- 04PC) APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS, OUTLOT I, PIKE LAKE LANDING PLAT WITH THE LISTED CONDITIONS. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. B. PDEV22-000002 – 15100 Martinson Island Road NE - Variances – The property owner, Margaret Lang Revocable Trust is requesting a variance to build a second-floor sunroom at the location of an existing second floor deck. PID: 259350220. Planner Matzke: Introduced the public hearing to consider approval of a resolution approving a variance from the minimum lake setback on a property located in the R-1 (Low Density Residential) Zoning District. He explained the history, current circumstances, issues, and recommended a motion. He presented a resolution, location map, and proposed survey dated December 6, 2021, existing/proposed plan dated December 10, 2021, and applicant supplemental information. Commission Comments/Questions: Tschetter: This looks likes this will bring down the averaging for this neighborhood, but the averaging doesn’t seem relevant in this situation. Planner Matzke: Explained the averaging regulation in City Code, and said it is not applicable for this variance since the existing lake setback is not changing. Tschetter: Agreed, just wanted to capture that for the record. Applicant: No comment. MOTION BY TSCHETTER, SECONDED BY KALLBERGTO OPEN THE PUBLIC HEARING ON ITEM 4B AT 6:24 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Public Comment: None. MOTION BY KALLBERG, SECONDED BY TSCHETTERTO CLOSE THE PUBLIC HEARING ON ITEM 4B AT 6:24 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. 3 The Motion carried. Commission Comments/Questions: Tschetter: Encourages applicant to inform neighbors of the project, supports the request, no further impact to the neighborhood. Kallberg: No issues with this request, footprint is not changing, and it will replace a failing structure. Tieman: No concerns, is within conformance of the neighborhood and surrounding properties. MOTION BY KALLBERG, SECONDED BY KALLBERG TO ADOPT A RESOLUTION (RESOLUTION 22-05PC) APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS OUTLOT I, PIKE LAKE LANDING PLAT WITH THE LISTED CONDITIONS. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. C. PDEV22-000005 – 5026 Beach Street NE – Variance – Distinctive Land Development LLC, on behalf of the property owner, is requesting a variance from the maximum impervious surface percentage of the total lot area. PID: 255530030. Planner Matzke: Introduced the public hearing to consider approval of a resolution approving a variance from the maximum impervious surface on a property located in the R-1 (Low Density Residential) Zoning District. The subject site is located at 5026 Beach Street NE. He explained the history, current circumstances, issues, and recommended a motion. He presented a resolution, location map, and proposed survey dated February 17, 2022. Commission Comments/Questions: Kallberg: Asked if there is a building on the other side of the street, if divided equally what would a long-term cul-de-sac look like. Planner Matzke: If this was a permanent cul-de-sac it would be in the shape of a tear drop design. Commented on future street removals, former Beach Street, and explained the difference between permanent versus temporary cul-de-sacs. Tschetter: Asked who is accountable for removing the cul-de-sac Planner Matzke: The city maintains a temporary easement with verbiage, so the property owner is aware of this. The future developer will remove the cul-de-sac with the construction of the road. Tschetter: Avoiding a conflict down the road for the construction is helpful. Planner Matzke: Yes, it does have verbiage and is industry standard. Tieman: Asked whether a “Future Through Street” sign would be placed at the end of the cul-de-sac. Planner Matzke: Yes, a sign is placed there. Tschetter: Asked whether any further impervious surface variance request would need to be considered in the future. Planner Matzke: Yes, the 28.9 percent impervious surface would be used moving forward. He explained they will need to maintain a maximum impervious surface coverage of 30% of the lota area for the reminder of the lot without factoring in the cul-de-sac. Applicant: No comment MOTION BY TSCHETTER, SECONDED BY KALLBERGTO OPEN THE PUBLIC HEARING ON ITEM 4C AT 6:40 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Public Comment: None. 4 MOTION BY KALLBER, SECONDED BY TSCHETTER TO CLOSE THE PUBLIC HEARING ON ITEM 4C AT 6:41 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Commission Comments/Questions: Kallberg: It’s clear that the need or hardship for the variance request is due to the public street not the property owner’s convenience. Tieman: No concerns, support. Tschetter: administratively this is moving the cul-de-sac three lots to the east and the variance hardship criteria is met. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO ADOPT A RESOLUTION (RESOLUTION 22-06PC) APPROVING THE VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AT 5026 BEACH STREET NE WITH THE LISTED CONDITIONS. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. D. City Code – Amendments – Java Companies is requesting the consideration of amendments to Section 1121, Land Use Table and Section 1122, Use Definitions and Conditions related to Restaurants and Clubs/Lodges in theC-1 Neighborhood Commercial District and Drive Throughs in the C-2, General Business District. Director McCabe: Introduced the consideration of a request from Java Companies for amendments to Section 1121 Land Use Table and Section 1122 Use Definitions and Conditions related to Drive Throughs in the C-2, General Business District, as well as a request to consider amendments to Section 1121 and Section 122 related to Restaurants and Clubs/Lodges Use in the C-1, Neighborhood Commercial District. Commission Comments/Questions: Tschetter: Asked is drive thru’ s prohibited or allowed with conditions. Director McCabe: As proposed a drive thru’s would not be allowed in the Town Center (TC) or Neighborhood Commercial (C-1) Zoning Districts. They would be allowed as an accessory use in the General Business (C-2) Zoning District. Tschetter: Is there a commercial developer that is interested in this case. Director McCabe: This language is specific for a restaurant land use. Kallberg: It is essentially an oversight or removal of something that is previously allowed and was missed in the previous review of the ordinance. He mentioned discussion of setbacks of the corner of Hwy 21 & 13 and this area would be the first to be applied. Is that correct? Director McCabe: Correct. Applicant: Tschetter: Asked if there are any concerns with the language presented for the business community. Mark with Java Companies, St. Paul, MN: No issues with the language. Tschetter: Trying to reconcile if this is what in line with what the City wants the City Code to read. Director McCabe: This is to get us back to what we had before. He explained the situation of the applicant. MOTION BY KALLBERG, SECONDED BY TSCHETTER TO OPEN THE PUBLIC HEARING ON ITEM 4D AT 6:53 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. None. 5 Public Comment: None. MOTION BY KALLBERG, SECONDED BY TSCHETTER TO CLOSE THE PUBLIC HEARING ON ITEM 4D AT 6:53 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Commission Comments/Questions: Tschetter: I am a resident in the neighborhood, supportive of the change in City Code. Kallberg: This was in the City Code previously and accidently removed. He is in support. Tieman: Supportive with the changes being made. MOTION BY KALLBERG, SECONDED BY TSCHETTER TO VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. 5. Old Business: None. 6. New Business: A. PDEV22-00000XX – 17101 Adelmann Street SE, Unit #101 – Conditional Use Permit Minor Amendment – Advanced Commercial Interior, LLC is requesting the consideration of a minor amendment the proposed disposal of City-owned property at 17232 Sunset Trail SW and adopt findings as to compliance of the proposed possible disposal with the Comprehensive Plan. PID: 251340031. Director McCabe: Introduced the consideration of the proposed disposal of City-owned property located at 17232 Sunset Trail SW and adopt findings as to compliance of the proposed possible disposal with the Comprehensive Plan. He explained the history, current circumstances, issues, and recommended a motion. He presented a general location map, and property survey. Commission Comments/Questions: Tieman: Asked about enforcement of the number of employees. Director McCabe: Explained the City has the ability to suspend or revoke a Conditional Use Permit. Kallberg: Asked to look at a back slide and asked about parking availability. Director McCabe: The previous CUP request was at this same facility with 24 parking spaces on site. Tschetter: Asked about fire access to the site Director McCabe: Fire safety was taken int consideration and approved at the initial review. Tschetter: Concerned about quarterly group meeting parking. Applicant Alicia Coles: Representing 17101 Adelmann Street SE Unit 101, we have a total of 17 employees, most of the business is done in Minneapolis and most would carpool. We could do an annual basis, she pointed out the parking spaces on site and said that there would only be about 15 being used at the meetings. Tieman – Whatever you can do to make sure it doesn’t get overwhelmed. Tschetter – Commented about the residential housing proximity across the street. Coles – The work fluctuates, we schedule employees to pick up product as orders come in, she commented on the flow of the business. Kallberg asked if there would be more than three employees for an hour or two. Alicia: Not usually, she explained the hours and maximum that we would ever utilize is 15 which still allows for 9 open parking spaces on site. COMMISSIONER COMMENTS 6 Tschetter: The land use is in line with the intended use of the site. As long as the company is managing the activity on site well Tieman: No issues as long as the business is being a “good neighbor” in relation to parking. Kallberg: Only concern is the parking for short term, what to do with the complaints for the rest of the units and then something would have to change with the temporary use of parking spot. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE A RESOLUTION (RESOLUTION 22-07PC) APPROVING A CONDITIONAL USE PERMIT MINOR AMENDMENT TO ALLOW BUSINESS OPERATIONS IN THE UNIT #101 OF CIC 1211 WITHIN THE C-3, BUSINESS PARK ZONING DISTRICT AT 17101 ADELMANN STREET SE WITH THE LISTED CONDITIONS. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. B. Planned Unit Development Waiver – 10 Acre – 4662, 4664, and 4666 Dakota Street SE – Consideration of a Concept Plan and Authorizing Advanced Commercial Interior, LLC is requesting the consideration of a minor amendment the proposed disposal of City-owned property at 17232 Sunset Trail SW and adopt findings as to compliance of the proposed possible disposal with the Comprehensive Plan. PID: 251340031. Director McCabe: Introduced the consideration of a Concept Plan and the proposed disposal of City-owned property located at 17232 Sunset Trail SW and adopt findings as to compliance of the proposed possible disposal with the Comprehensive Plan. He explained the history, current circumstances, issues, and recommended a motion. He presented a general location map, and property survey. Commission Comments/Questions: Tschetter – Asked how many total acres are proposed for this PUD request. Director McCabe – One acre in total Tschetter – Asked about the building materials as brick, glass, and metal how to coordinate with downtown building materials Director McCabe – The neighboring building is 3 stories; the builder is incorporating nautical themes and downtown design standards. Tschetter – Asked about the parking ratio. Director McCabe – Explained there is one parking stall per unit. Kallberg: Asked why does this need to be a PUD, rather than a Town Center zoned project. Director McCabe: Explained a PUD request allows flexibility in the building materials, stormwater, height, or other regulations; the public meetings and process would be similar as a standard downtown zoning process. Kallberg: Asked about the makeup of the building and uses as restaurant and apartments and underground parking. Director McCabe: There is two levels of underground parking, which makes a138 underground of parking, 177 total parking stalls, 98 proposed rental properties. Kallberg: Existing lakefront plaza is not as tall, Director McCabe: Yes, nearby Lakefront Plaza is three levels with a pitched roof commercial uses on the first level. Kallberg: Parking is better, it is impressive. Applicant Ben Beard, Bread Group: Stated they will make modifications to the plans as the project moves through the process. Considering start of construction in the Fall or Winter of 2022. Rental apartments are proposed. Kallberg: Traffic or construction phasing is being considered. Beard: Will work with City Staff continuously on the best plan to store material but it will obviously be more challenging for space in a downtown environment. COMMISSION COMMENTS 7 Kallberg: Supportive of the request to pursue the PUD approach. Tieman: Supportive of PUD review process. Tschetter: Appreciates the efforts, eager to see the project considered as a PUD project for City review. MOTION BY TSCHETTER, SECONDED BY KALLBERG TO APPROVE A RESOLUTION (RESOLUTION 22- 08PC) AUTHORIZING THE CITY STAFF ACCEPT AND PROCESS AN APPLICATION FOR A PRELIMINARY PUD PLAN FOR A PROJECT LESS THAN 10 ACRES. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. 7. Announcements & Adjournment: Announcements: McCabe: • Next meeting will be on April 11, 2022. • Sandra Peppin will be leaving her position this week as Community Development Services Assistant and Planning Commission assistant to take a position with the Prior Lake Police Department. MOTION BY KALLBERG, SECONDED BY TSCHETER TO ADJOURN THE MONDAY, MARCH 14, 2022, PLANNING COMMISSION MEETING AT 7:26 P.M. VOTE: Ayes by Tieman, Tschetter, and Kallberg. Absent were Fleming and Ringstad. The Motion carried. Respectfully submitted, Sandra Peppin, Community Development Services Assistant.