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HomeMy WebLinkAbout4.22.24 PC Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday, April 22, 2024 1. Call to Order and Pledge of Allegiance: Chair Tschetter called the Monday, April 22, 2024 Prior Lake Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Jason Tschetter, Michael Pasquarette, Christian Fenstermacher, and Mike Tennison. Absent is Doug Johnson, William Kallberg, and Dan Ringstad. Also present were City Council Liaison Victor Lake, Community Development Director Casey McCabe, and Deputy Clerk / Administrative Assistant Megan Kooiman. 2. Approval of Monday, April 22, 2024 Agenda: MOTION BY TENNISON SECONDED BY FENSTERMACHER TO APPROVE THE MONDAY, APRIL 22, 2024 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. 3. Approval of Monday, March 25, 2024, Meeting Minutes: MOTION BY TENNISON SECONDED BY PASQUARETTE TO APPROVE THE MONDAY, MARCH 25, 2024, PRIOR LAKE PLANNING COMMISSION MEETING MINUTES VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. 4. Public Hearings: A. PDEV24-000007 – 3950 Green Heights TRL SW – Zoning Code Text – A request from Lakers Holding LLC to amend Subsection 1123.600, Expansion of a Nonconforming Restaurant Use, of Prior Lake City Code (PIDs 251020220 & 251020210) Director McCabe: Introduced the hearing to consider the request from Lakers Holding LLC to amend subsection 1123.600. McCabe discussed the background of the nonconforming restaurant use on Upper Prior Lake and the current circumstances. McCabe explained the recently acquired parcel is to be used for a parking lot expansion. Lakers Holding LLC is requesting two amendments to subsection 1123.600 and City staff is recommending one amendment. City staff are recommending a motion recommending City Council approval of the request. Commission Comment/Questions : Tschetter: Clarified the process for approvals and modifications to commercial marinas is conducted by the DNR and the City has no role in that process. McCabe: Yes, that’s accurate. Tschetter: Commented about the commercial marina stating, based on the information received, there is no local control the city would be giving up. The request is to align the zoning ordinance and reference the permitting authority for that site. McCabe: That is correct. The DNR previously issued permits for all docks over six slips. Then around 15 years ago the DNR passed authority for most dock slips to the local governments but kept permitting authority for commercial dock slips. Tschetter: Asked if there was a public boat launch on this site or is that for customers us. McCabe: Stated there is a gravel access currently and deferred the question to the applicant. Applicant : Jeff Petschl (Applicant): 16327 Northwood Road NW, Prior Lake. The access point shown is not a boat launch and the DNR would not let us use it as a boat launch. We plan to improve the access to be used for winter access only and gate it during the summer. Tennison: Asked about ensuring adequate customer boat parking is all slips could be rented. 2 Petschl: Commented on their desire to maintain customer boat parking for the restaurant so they will leave a number of slips available for customers. Tennison: Asked about the use of the word public in the current language and if that is something that can’t be changed in the zoning language. McCabe: States, the city and applicant were trying to come up with a different word other than public, which may imply those slips can be used by any member of the public regardless of whether they are a customer of the restaurant. Since the city of Prior Lake has no authority over the commercial marina permit, it was staff suggestion to amend the ordinance and not only remove the word public but also reference the DNR permit and that the dock cannot be expanded or modified unless approved in writing from the DNR. Fenstermacher: Asked if the word public is requirement for the DNR. McCabe: Stated public slips are not included in the DNR Permit. Pasquarette: Referenced the maximum of 80 slips in the DNR permit and asked if the permit notes how many slips can be for leasing and how many are for customers. McCabe: Stated the DNR Permit identifies the configuration and the dimension of the dock but does not regulate slips for customers or lease. Tschetter: Asked if the city ever had the ability to regulate commercial marinas. McCabe: Replied that he does not know if the city ever had the ability to regulate commercial marinas. Tschetter: Asked how many parking stalls will be added. McCabe: stated 6 to 8 parking stalls will be added. Tschetter: Questioned if the intent is to open the flow of the lot due to congestion. Petschl: Confirmed. Tschetter: Asked if changes were proposed for the lakeshore. Petschl: stated they are improving the lakeshore by repairing the boulder wall that was done 50 years ago. MOTION BY TENNISON, SECONDED BY FENSTERMACHER TO OPEN THE PUBLIC HEARING ON ITEM 4A AT 6:20 P.M. VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. Public Comment: None. MOTION BY FENSTERMACHER SECONDED BY TENNISON TO CLOSE THE PUBLIC HEARING ON ITEM 4A AT 6:20 P.M. VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. Commission Comments/Questions: Tschetter: Appreciated the changes and the situation that is trying to be solved for. Tennison: Glad to see additional parking which will be good for the community and the restaurant. Pasquarette: Thinks the Amendment helps clarify the responsibility of the city and the DNR. Fenstermacher: Appreciates the improvements being proposed. MOTION BY FENSTERMACHER, SECONDED BY PASQUARETTE RECOMMENDING THE CITY COUNCIL APPROVE THE ADMENDMENTS TO SUBSECTION 1123.600 AS PURPOSED. VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. 3 5. Old Business: None. 6. New Business: None. 7. Announcements & Adjournment: McCabe: The Planning Commission will have four public hearings for the May 13th Meeting. MOTION BY TENNISON, SECONDED BY FENSTERMACHER TO ADJOURN THE MONDAY, APRIL 22, 2024 PLANNING COMMISSION MEETING AT 6:23 P.M. VOTE: Ayes by Tschetter, Tennison, Pasquarette and Fenstermacher. The Motion carried 4-0. Respectfully submitted, Megan Kooiman, Deputy Clerk / Administrative Assistant