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HomeMy WebLinkAboutAgenda & draft Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA TUESDAY, MAY 29, 2007 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: A. EP 07-122 City of Prior Lake Conditional Use Permit for a water treatment facility on Outlot A, Brooksville Hills Fourth Addition. This item will be rescheduled for a later date. B. EP07-111 & 112 (continued from May 14,2007) Cardinal Development has submitted an application for a Preliminary Plat and Planned Unit Development consisting of approximately 54 acres proposed to contain approximately 119,000 sq.ft. of office space, 106,000 sq.ft. of retail, 20 townhomes, 43 row-houses, 160 multi-family units, a tot lot, and passive parkland. The site is located at the northeast comer ofCSAH 18/42. C. EP 07-117 & 118 Manley Land Development is requesting approval of a Preliminary Plat and Planned Unit Development for 11-townhome residential units and 8-townoffice units located on the north side of CSAH 42, directly west of Pike Lake Trail and south of Pike Lake. 6. Old Business: 7. New Business: 8. Announcements and Correspondence: 9. Adjournment: Ll07 F1LES\07 PLANNING COMMISSIONl07 AGENDASIAG052907.DOC f www.cityopriorlake.com Phone 952.447.4230 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, MAY 14, 2007 1. Call to Order: Chairman Lemke called the May 14, 2007, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke, Ringstad and Perez, Planning Coordinator Danette Moore, Planner Jeff Matzke, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Present Present 3. Approval of Minutes: The Minutes from the April 23, 2007, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. EP07-111 & 112 (continued from April 23) Cardinal Development has submitted an application for a Preliminary Plat and Planned Unit Development consisting of approximately 54 acres proposed to contain approximately 119,000 sq.ft. of office space, 106,000 sq.ft of retail, 20 townhomes, 43 row-houses, 160 multi- family units, a tot lot, and passive parkland. The site is located at the northeast corner of CSAH 18/42. Planning Coordinator Danette Moore stated the applicant has requested this item be continued to the May 29th meeting. The developer is continuing to work with staff on the tree preservation, stormwater and PUD criteria issues and would like additional time to work through that. Moore apologized to the audience for anyone who came to speak however, staff just found out today of the request, otherwise notification would have been sent. Lemke opened the hearing if anyone would like to speak. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN051407 recov.doc 1 Planning Commission Meeting May 14, 2007 There were no comments by the public. MOTION BY BILLINGTON, SECOND BY RINGSTAD, TO CONTINUE THE PUBLIC HEARING TO MAY 29,2007. Moore noted anyone from the public is welcome to come into the city offices (Monday through Friday, 8:00 am to 4:30 pm) and review the plans. Staff is happy to take any comments in writing as well. Fleming: For the benefit for those citizens who might like to attend the next meeting. If Cardinal Development is of the mind they are going to cancel, I would ask that they provide us notice at least 72 hours. Secondly, regarding Mr. Poppler's report, there were 50 key issues that Cardinal Development is working with staff. I appreciate the movement they are making but I would ask that they do not come to us until there are a reasonable number of key issues left. In my mind, 50 issues are not reasonable. Vote taken indicated ayes by all. MOTION CARRIED. B-1. EP07-114 &115 Steve Klongerbo is requesting variances from the Zoning Ordinance requirements to allow for the subdivision of an R-2 zoned residential property and a Combined Preliminary and Final Plat of approximately 0.39 acres to be subdivided into 2 residential lots. This property is located at 5127 160th Street. Planner Jeff Matzke presented the planning report dated May 14, 2007, on file in the office ofthe City Planning Department. Steve Klongerbo has applied for approval of a development to be known as Klongerbo Crossing on the property located at 5127 160th Street SE east of Jordan Ave, north of CSAH 21, south of 160th Street, and west of Memorial Trail. The current property contains both a single family home and a multi-family structure. The request calls for the subdivision of the existing lot into two residential lots. The second request is for variances in order to subdivide the residential properties. In order for the newly platted properties to be in conformance within City ordinance, the following variances are required: Lot 1, Block 1, KLONGERBO CROSSING .A 15.6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) .A 2.6 foot variance from the required 10 foot minimum side yard setback.(Section 1102.505 (1)) .A 5 foot variance from the required 5 foot minimum driveway side yard setback. (Section 1107.205 (1)) L:\07 F1LES\07 PLANNING COMMISSION\07 MINUTES\MN051407 recov.doc 2 Planning Commission Meeting May 14, 2007 Lot 2, Block 1, KLONGERBO CROSSING .A 6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) .A 6.5 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) The applicant proposes to subdivide the property into 2 residential lots in order to alleviate the nonconformity of two principal structures on a single lot. The proposed layout of the lots will require variances from the minimum lot width, side yard setback and driveway setback. Contingent upon the approval of these variance requests the proposed lots will conform to the R-2 residential use district requirements. The overall layout of the plat appears appropriate given the narrow lot constraints of the site. The combined preliminary and final plat application will comply with all relevant ordinance provisions and City standards, provided all the conditions of approval are met. Also, the nonconforming dual principal structures on the single lot will be alleviated by the replatting of the existing lot along with the dedication of access and utility easements. Therefore, staff recommends approval of the combined preliminary and final plat subject to the following conditions: 1. Pending variances from the minimum lot width, sideyard setback, and driveway setback will require approval by the Planning Commission. 2. The applicant shall enter into a development contract with the City. 3. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. 4. The final plat shall be recorded at Scott County within 90 days of approval by the City Council. Fleming questioned how this nonconformity came about. Matzke responded it has been this way since at least the 1960's. The City does not have any records of the time this building was constructed. The applicant is trying to alleviate the problem and make the properties marketable. Perez asked if the County was going to get involved with the proposed access. Matzke responded the County would not. They had been notified of the request but since the access is currently off 160th Street, we are merely maintaining the access point. The only reason for the easements is to avoid confusion of one property owner not knowing the driveway on their property is access to the neighbor. Lemke asked if they talked to the applicant regarding the firewall. Matzke responded the applicant met to discuss and the comments were from the building official. It is also one of the conditions of the variance request. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN05l407 recov.doc 3 Planning Commission Meeting May 14, 2007 Comments from the public: The applicant did not have any comments and there were no comments from the public and the hearing was closed. Comments from the Commissioners: Fleming: · No comments. Ringstad: · Agree with staffs assessment - Support. Billington: · The applications are in order and will also support staffs recommendation to approve. Perez: · Support staffs recommendation. Lemke: · Agreed and found the hardship criteria have been met. MOTION BY FLEMING, SECOND BY BILLINGTON, ADOPTING RESOLUTION 07 -02PC APPROVING VARIANCES FROM THE REQUIRED MINIMUM LOT WIDTH, MINIMUM SIDEY ARD SETBACK AND MINIMUM DRIVEWAY SETBACK TO ALLOW FOR THE SUBDIVISION OF A RESIDENTIAL PROPERTY INTO TWO LOTS WITHIN THE R-2 ZONING DISTRICT. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY PEREZ, SECOND BY FLEMING, RECOMMENDING APPROV AL OF A COMBINED PRELIMINARY AND FINAL PLAT TO SUBDIVIDE 0.39 ACRES INTO 2 RESIDENTIAL LOTS, SUBJECT TO THE ABOVE CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. The plat application will go before the City Council on June 4, 2007. Co EP07-119 & 120 Robert and Tricia Zimmerman are requesting approval of a Combined Preliminary and Final Plat of approximately 1,354 square feet of land to be exchanged with 1,354 square feet of the adjacent city park outlot to correct existing encroachments on land at 3235 Balsam Street SW. Planning Coordinator Danette Moore presented the planning report dated May 14,2007, on file in the office of the City Planning Department. L:\07 F1LES\07 PLANNING COMMISS10N\07 MINUTES\MN051407 recov.doc 4 Planning Commission Meeting May 14, 2007 Robert and Tricia Zimmerman have submitted the following applications: · An application for approval of a combined preliminary and final plat to be known as Zimmerman Addition; · An application for the vacation of the existing drainage and utility easements located on Lot 1, Block 4, Sunset Hills Addition. The proposed plat Preliminary and Final Plat will facilitate a land swap between the City and the applicants. A portion of the adjacent park land will be added to the Zimmerman property to correct previous encroachments. In return, the Zimmermans will deed an equal portion of their existing lot to the City for park purposes. Included in this applicant is a petition to vacate the existing drainage and utility easements. New easements will be dedicated as part ofthe final plat. Combined Preliminary and Final Plat: The proposed plat is intended to facilitate a land swap between the City and the Zimmermans. Normally in an encroachment situation the City asks the resident to remove any property from the City land and begins to actively maintain or exhibit control over the area. During the 1980' s City Staff met with the property owner after construction of their house and installed the fence. After installation of the fence the property owner installed landscaping and has since maintained the yard. Last year a survey was prepared for the property in connection with an application for a building permit to construct an addition. The survey showed the fence was not on the property line but rather on City land and the landscaping and yard encroached on the park. The property owner approached the City regarding the potential to purchase or swap land. Because the property owner has land adjacent to the park on their south property line they could swap land with the City. The value of the property is essentially the same as neither area is utilized for active space by the park. The swap would be for equal sized areas. The City Council considered the concept of the swap on January 2,2007. The Council agreed the swap was appropriate. Vacation of Drainae:e and Utility Easements: The existing drainage and utility easements on this site were dedicated on the Sunset Hills Addition, approved by the City Council in 1978. The new lot lines will be moved to the west and north ofthe existing easements, resulting in easements through the middle of the lot. Furthermore, the proposed addition to the single family home will encroach into one of the existing easements, so the applicants are requesting this vacation. The new plat will rededicate the necessary easements. The combined preliminary and final plat complies with relevant ordinance provisions and City standards. The staff recommends approval of this subdivision, subject to the following conditions: L:\07 FILES\07 PLANNING COMM1SSION\07 MINUTES\MN051407 recov.doc 5 Planning Commission Meeting May 14, 2007 1. The applicant must provide a deed to the City for Outlot A, Zimmermans Addition, with the final plat documents. 2. The resolution vacating the easements must be recorded just prior to the final plat. 3. The final plat must be revised to reflect the vacation of the existing easements. 4. The final plat shall be recorded at Scott County within 90 days of approval by the City Council. 5. The applicant must provide proof of installation of all subdivision monumentation within one (1) year from the date of recording the plat, or prior to issuance of a building permit, whichever occurs first. The staff also recommends approval of the vacation of the existing drainage and utility easements subject to the condition the resolution vacating the easements must be recorded just prior to the final plat. Comments from the public: There were no comments from the applicant or public. Comments from the Commissioners: Ringstad: · The land swap is a creative approach to solve a problem that was created years ago. · The City Council looked at it four months ago and indicated its willingness for this to move forward under these conditions. · With the new utility easements being dedicated with the new plat, I do not see any reason not to support going forward with this. Billington: · Echo Ringstad's comments. It is a creative way to go forward tonight. . Support. Perez: · Agree - appropriate action to swap and correct the problem. Also agree with staff on the easement dedicating following the public need and not inconsistent with the comprehensive plan. Fleming: · Echo fellow Commissioners observations and support. MOTION BY BILLINGTON, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF THE COMBINED PRELIMINARYIFINAL PLAT TO BE KNOWN AS ZIMMERMANS ADDITION, SUBJECT TO THE CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN051407 recov.doc 6 Planning Commission Meeting May 14, 2007 MOTION BY BILLINGTON, SECOND BY FLEMING, TO RECOMMEND THE CITY COUNCIL APPROVE THE V ACA nON AS REQUESTED SUBJECT TO THE CONDITION THE RESOLUTION NOT BE RECORDED UNTIL AFTER FINAL PLA T APPROVAL. Vote taken indicated ayes by MOTION CARRIED. This will go before the city council on June 4th. Lemke explained the appeal process. 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: The May 29th, (Tuesday) meeting will be full. The zoning update workshop will be scheduled for another date. 9. Adjournment: The meeting adjourned at 6:25 p.m. Connie Carlson Recording Secretary L:\07 F1LES\07 PLANNING COMMISSION\07 MINUTES\MN051407 recov.doc 7