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HomeMy WebLinkAbout07-12-10 PC Agenda PacketREGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 12, 2010 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Approval of Minutes: A. April 12, 2010 3. Public Hearings: A. Zoning Ordinance Amendment to Section 1101.5100. A request to amend the Ordinance to allow for an increase in the number of days permitted for a temporary agricultural use (from 45 days to 75 days). 4. Old Business: 5. New Business: 6. Announcements and Correspondence: 7. Adjournment: 8. Convene Work Session A. Discussion regarding restaurants and clubs/lodges with liquor in the C-2 Zoning District. L:A10 FII.EStlO PLANNIlS6 CONIlVII55IONI1 O A6ENDAS~P.6011210.doc Planning Commission Meeting Minutes April 12, 2010 PLANNING COMMISSION MINUTES MONDAY, APRIL 12, 2010 Call to Order: Chairman Ringstad called the April 12, 2010, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Perez, Billington, Howley and Ringstad, Community Development and Natural Resources Director Danette Parr, Assistant City Engineer Larry Poppler and Development Services Assistant Joe Sortland. Commissioner Fleming was absent. 2. Approval of Minutes: The Minutes from the February 22, 2010, Planning Commission meeting were approved as presented. 5. New Business: A. 2011 - 2015 CAPITAL IMPROVEMENT PROGRAM ANNUAL REVIEW Community Development and Natural Resources Director Parr presented the draft of the 2011 - 2015Capital Improvement Program (CIP) to the Planning Commission. The Planning Commission was asked to review the CIP to ensure consistency between the proposed CIP and the City of Prior Lake's 2030 Comprehensive Plan. The budget for the projects within the five year CIP totals approximately 25.4 million dollars and includes street improvements, transportation improvements, park improvements, well #10, water meter replacement and various utility improvements. Parr stated that she had been contacted earlier by Commissioner Fleming, who supported the CIP without any changes. Ringstad stated that they would combine Commissioner questions and comments while discussing the proposed CIP. Commissioner Comments and Questions: Howley asked, in reference to CIP 24, why three buses were being purchased atone time, rather than one bus every year Poppler answered that the bus purchases are in conjunction with a grant, which may have an influence on the bus purchases. Howley commented that in regards to CIP 20, which relates to the pressure reducing valves, that during his review of the Comprehensive Plan he did not see that reducing pressure or fixing small leaks due to high pressure should be corrected with a capital improvement project. Howley stated the Comprehensive Plan wouldn't support spending $80,000 on such tasks, though Howley stated it still may be a necessary project. Howley asked if CIP 10 encompasses neighborhood parks or all parks within the city. Parr answered that the park improvements will not be limited to new parks. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN041210.doc Planning Commission Meeting Minutes April 12, 2010 Howley commented that most parks have been updated in the past ten to fifteen years, and the amount listed seems like a lot of money for parks that were updated or built in the past ten years. He stated that the figures are likely appropriate, but the Comprehensive Plan wouldn't support those high dollar amounts. Howley asked if the tree planting plan is for replacing trees that have died or to plant new trees. He commented that tree planting is listed under the Capital Park Fund. Howley asked if it is a Capital Improvement Project because the City is planting new trees or is it for replacing trees that have died on City property. Poppler explained that in anticipation for the Emerald Ash Borer they intend to replace trees that have died. Howley acknowledged the Emerald Ash Borer should be taken into forethought, and stated that if it was used to implement an aggressive tree planting schedule, that the Comprehensive Plan does not mention such improvements. Howley stated that the Comprehensive Plan encourages preservation of natural resources but does not mention adding new natural resources. Howley stated that the CIP plan should be approved as submitted. Billington found the CIP appropriate and approves the CIP as presented. Perez asked about CIP 12, the meter replacement program, wondering if the City loses money due to water meters not functioning correctly. Poppler answered that meters not reading properly could cause the City to lose money, as homes may be using more water than the meters record. Perez asked if it would be possible to acquire the money owed by homeowners due to faulty meter readings. Poppler answered that the City would not have proof that homeowners owed money as a result of faulty meters. Perez asked if other cities use the water meters proposed in CIP 12. Poppler answered that some cities still use door to door readings. Perez thinks that the CIP is well thought out and supports the CIP as presented. Ringstad asked about CIP 20, the pressure reducing valves, if the City would recoup its costs for the project. Poppler answered that the homeowners would save money as a result of not using as much water, but the City would not gain its money back as a result of the pressure reducing valves. Ringstad stated that the CIP looks well thought out. He pointed out City Council liaison Rick Keeney was in the audience and asked him to provide comments or questions on the CIP. Keeney asked the Planning Commission to recommend to the City Council the scheduling of street improvements, in order of priority. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN041210.doc 2 Planning Commission Meeting Minutes April 12, 2010 Ringstad said that Planning Commission could not compare the street improvements tonight and would direct the question to the Engineering Department. Keeney asked the Planning Commission to prioritize the intersection improvements, where they stand when compared to the Comprehensive Plan, to improve traffic flow, safety and growth. Howley stated that all the street improvement plans presented in the CIP are short term plans, and the order of priority shouldn't be answered as a body. Howley stated it would not be possible to provide a prioritization recommendation without having done research. Ringstad agreed with Howley. Perez stated that he believed CR-21 and Arcadia should be addressed first, and asked when the CR- 21 extension will be completed. Poppler answered that they anticipate the CR-21 extension to be completed around the fall of 2011 or spring of 2012. Billington agreed with Howley in regards to prioritizing street improvements. A MOTION WAS MADE BY HOWLEY AND SECONDED BY BILLINGTON TO APPROVE THE 2011 -2015 CAPITAL IMPROVEMENT PROGRAM ANNUAL REVIEW VOTE: Ayes by Perez, Billington, Howley and Ringstad. The motion carried. 6. Announcements and Correspondence: A. DISCUSS FUTURE WORK PLAN FOR SIGN CODE UPDATE Parr stated that the revisions to the sign code would be addressed at a later date and would involve a public hearing, reaching out to the business community, and would also include a workshop. Billington asked if electric signs would be considered. Parr stated that it would addressed, but has not been brought up as a major issue by business owners. Billington stated that he has found the electric signs to be a distraction. Parr answered that the City ordinance will require updates to address issues related to electronic signs. 7. Adjournment: The meeting adjourned at 6:24 p.m. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN041210.doc p~ PRIp+P N V n~ M~NNESOTP PLANNING REPORT AGENDA ITEM: 3A SUBJECT: CONSIDER AMENDMENTS TO SECTION 1101.510 OF THE CITY ZONING ORDINANCE PREPARED BY: JEFF MATZI{E, PLANNER PUBLIC HEARING: X YES NO-N/A DATE: JULY 12, 2010 INTRODUCTION: The purpose of this public hearing is to consider amendments to the City Zoning Ordinance. The amendment proposed is for the following section: 1101.510: Tempoia~Uses. The purpose of this Subsection is to provide conditions under which temporary uses maybe allowed in order to insure a minimum negative impact to neighborhoods and neighboring land uses. A structure or land in any Use District maybe used for one or more of the following temporary uses subject to the conditions stated in this Ordinance. At a minimum, a zoning permit must be issued for any temporary use or structure. In certain instances, a building permit may also be required. (~ Agricultural Commodities: Christmas Tree sales or the sale of other agricultural commodities may be located within required yards; but not within 15 feet of any public right-of-way or where prohibited under Subsection 1101.506. 4646 Dakota Sheet SE Prior Lake, MN 55372 b. Shall be pemtitted on a parcel for not more than 45 days within any calendar year. Shall not be permitted in any bufferyard. DISCUSSION Severs Fann Market has applied to amend the Code to extend the permitted timeline for agricultural commodity sales fi~om 45 days to instead allow 75 days (narrative attached). This request is proposed to accommodate the entire length of the harvest season for fruits and vegetables. They state that this change will allow them the ability to better serve the Prior Lake community with a full range of seasonal fruits and vegetables. In addition, the increased timeline will allow them the ability to offer additional working hours to their seasonal employees. ANALYSIS: The following Ordinance Amendment change is being proposed: 1101.510: Temporary Uses. The purpose of this Subsection is to provide conditions under which temporary uses maybe allowed in order to insure a minimum negative impact to neighborhoods and neighboring land uses. A structure or land in any Use District maybe used for one or more of the following temporary uses subject to the conditions stated in this Ordinance. At a minimum, a zoning permit must be issued for any temporary use or structure. In certain instances, a building permit may also be required. (6) Agricultural Commodities: a. Christmas Tree sales or the sale of other agricultural commodities may be located within required yards; but not within 15 feet of any public right-of--way or where prohibited under Subsection 1101.506. b. Shall be permitted on a parcel for not more than 45 75 days within any calendar year. a Shall not be permitted in any bufferyard. d. Shall only be permitted within an "A", "C", or "P' Use District. The applicant is only asking for the timeline to be amended (condition 6b). However, with the extended timeline, staff believes it maybe appropriate to limit this use to agricultural, commercial, and industrial areas only (condition 6d). ZONING ORDINANCE AMENDMENT FINDINGS Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendments. A public need is identified to allow for agricultural commodities to sell their products for the entire harvest season. The applicant is stating that in the case of farm produce, it's approximately 75 days. 2. The amendments will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. aVdocnments and settingsAjsortlandUocal settingsUernporary intemet filesAolk7flpc report 071210(2).doc Page 2 Goals and objectives of the 2030 Comprehensive Plan include: • Encourage a diversified economic base and a broad range of employment opportunities; and • Promote sound land use Purposes of the Zoning Ordinance include: Protect the residential, business, industrial and public areas of the community and maintain their stability. • Provide for compatibility of different land uses by segregating, controlling, and regulating unavoidable nuisance producing uses. The proposed amendment strives to accomplish these goals, objectives and policies by strengthening the effectiveness of the existing ordinance. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. CONCLUSION The proposed amendment is consistent with the goals and objectives of the 2030 Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval of the amendment with the additional condition limiting the Zoning Districts where the agricultural commodities can be sold. ACTION REQUIRED: A motion and second recommending approval of the proposed amendments as recommended by staff and indicated in the attached draft ordinance. ALTERNATIVES: 1. Recommend the Council approve the amendments as proposed, or with changes specified by the Planning Commission. 2. Recommend the Council deny the proposed amendments. 3. Table or continue discussion of the item for specific purpose. RECOMMENDATION: The staff recommends Alternative #1. ATTACHMENT: 1. Draft Ordinance Amendment aVdocnments and settingsAjsortlandUocal settingsUernporary intemetfilesAolk7flpc report 071210(2).doc Page 3 2. Applicant Narrative aVdocnments and settingsAjsortlandUocal settingsUernporary intemetfilesAolk7flpc report 071210(2).doc Page 4 p4 PRIp~ f: U m M~NNESO•~P " Memo Date: July 7, 2010 To: Planning Commissioners From: Danette Par, Community Development and Natural Resources Director Subject: Restaurants, clubs and lodges that serve alcohol in the C-2 Zoning District On June 7, 2010 the City Council directed staff to review Section 1102.1103 of the City Code and prepare amendments for consideration by the Planning Commission at a public hearing (minutes attached). Section 1102.11030) of the City Code states that restaurants and clubs and lodges with liquor are permitted, with the granting of a conditional use permit (CUP) and meeting the following conditions: (S) Restaurants and Clubs and Lodges with Liquor. Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or otherwise located so that access can be provided without generating significant traj~c on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located in an 'R"Use District. c. ,Separate pedestrian ways shall he constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along any abuttingprroperty in an 'R"Use District. As the Planning Commission is aware, in certain cases where commercial and residential land uses are adjacent to one another, this can create undesirable impacts to the residential neighborhood. For that reason, the City Code needs to be sensitive to this fact and allow for site specific cncumstances and conditions to mitigate impacts to residential areas. Staffis not asserting that all restaurants and clubs and lodges with alcohol in the C-2 Zoning Distrct can have conditions applied that will adequately mitigate undesirable impacts to adjacent residential areas. However, in certain cases, mitigating circumstances may play a more effective role in buffering uses than that provided by the 100 foot setback. Some of these circumstances may include the follovsring~ • Position of the building entrance (i.e.: the entrance facing the opposite direction of where the residential district is located). • Noise generators (such as parking) being blocked by physical baniers such as the commercial building. • Changes in physical topography between the commercial and residential uses. Phone 952.447.9800 /Fax 952.447.4245 /www.cityofpriorlake.com • Access points located in such a way that they will not generate traffic in the adjacent residential neighborhood. It should be noted that any changes to Section 1102.110 of the Code would apply to all C-2 (General Business) Use Districts. With the exception of downtown (TC Zoning District) and a limited number of areas zoned C-1 (Neighborhood Commercial), the majority of commercial areas in the City are zoned C-2 and could be impacted if a restaurant, club, or lodge that served alcohol wanted to locate in that area Areas zoned C-2 include: Crossroads (Commerce / TH 13), Boudins (Boudins / TH13), Gateway (TH 13 / CR 44), Wilds (CR 83 / CR 42), Fountain Hills Business Park (Pike Lake / CR 42), South Lake Village area (Park Nicollet Ave/TH 13), and Deerfield (one parcel at CR 21 /Revere Way). A zoning map is attached. As a part of the Planning Commission work session, City staff would like to discuss the current language included in Section 1102.1103 of the Code and if teat amendments should be considered to more effectively limit impacts to residential uses, while still allowing restaurants, clubs, and lodges with alcohol in the C-2 District, when certain conditions could be met.