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Home My WebLink About0722022. 3. 4. e e Ao Ao Ao REGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 22, 2002 Fire Station - City Council Chambers 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Consent Agenda: Case #02-068 Dennis and Karen Perrier Variance Resolution Case #02-075 Carlson Hardware Variance Resolution Public Hearings: Cases #02-057 & 058 McDonald Construction, Inc., has submitted an application for a PUD amendment and a combined preliminary and final plat known as Sterling South at The Wilds. The proposal replats Lots 31-40 to accommodate townhouses and single family homes. Old Business: Case #02-072 Consider an amendment to Sections 1101.400 Definitions and 1104.308 (4) Water Oriented Accessory Structures of thc Zoning Ordinance. New Business: Announcements and Correspondence: Adjournment: L:\02FILES\02planning comm\02pcagenda~ag072202.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PUBLIC HEARING Conducted by the Planning Commission ,,J afl or_ The Planning Commission~l~lcomes your comments in this matter. In fairness to ail who choose to speak, we ask that, after speaking once, you allow everyone else to speak before you address the Commission again and limit your comments to clairification or new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further tesitmony or comment will not be possible except under rare conditions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT NAME ADDRESS · ?~l / qr PHLIST.DOC PAGE I PLANNING COMMISSION MINUTES MONDAY, JULY 22, 2002 1. Call to Order: Chairman Stamson called the July 22, 2002, Planning Commission meeting to order at 6:31 p.m. Those present were Commissioners Criego, Lemke, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Absent Criego Absent Lemke Present Ringstad Present Stamson Present 3. Approval of Minutes: The Minutes from the July 8, 2002, Planning Commission meeting were approved as presented. Commissioner Criego arrived at 6:33 p.m. 4. Consent: A. Case #02-068 Dennis and Karen Perrier Variance Resolution The Perriers have appealed the Commissioner's findings and that matter will go before the City Council on August 17, 2002. MOTION BY LEMKE, SECOND BY RINGSTAD, ADOPTING RESOLUTION 02- 008PC APPROVING A 9 FOOT VARIANCE TO PERMIT A 16 FOOT STRUCTURE SETBACK TO THE REAR LOT LINE. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY LEMKE, SECOND BY RINGSTAD, TO ADOPT RESOLUTION 02- 009PC DENYING A 21.7-FOOT VARIANCE TO PERMIT A 3.23-FOOT STRUCTURE SETBACK TO THE REAR LOT LINE; A 12.5-FOOT VARIANCE TO PERMIT A SETBACK OF 50-FEET TO THE OHWM; A 0.7-FOOT VARIANCE TO PERMIT A SUM OF SIDE YARDS OF 14.2-FEET; A 2-FOOT VARIANCE FOR A 7- FOOT SIDE YARD SETBACK OF A BUILDING WALL 74-FEET LONG. Vote taken indicated ayes by all. MOTION CARRIED. L:\02FILES\02planning comm\02pcminuteshMN072202 (a).doc 1 Planning Commission Meeting July 22, 2002 B. Case #02-075 Carlson Hardware Variance Resolution MOTION BY CRIEGO, SECOND BY LEMKE, ADOPTING RESOLUTION 02-011PC APPROVING A VARIANCE TO PERMIT A STRUCTURE SETBACK OF 0' FEET FROM A REAR PROPERTY LINE RATHER THAN THE REQUIRED MINIMUM 10 FEET. Vote taken indicated ayes by Criego, Lemke and Stamson. Nay by Ringstad. MOTION CARRIED. 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the hearing. 5. Public Hearings: A. Cases #02-057 & 058 McDonald Construction, Inc., has submitted an application for a PUD amendment and a combined preliminary and final plat known as Sterling South at The Wilds. The proposal replats Lots 31-40 to accommodate townhouses and single family homes. Planning Coordinator Jane Kansier presented the Planning Report dated July 22, 2002, on file in the office of the City Planning Department. McDonald Construction has submitted an application that includes the following requests: An amendment to the Sterling South at The Wilds Planned Unit Development Plan; · A Combined Preliminary and Final Plat; · The vacation of a portion of the existing drainage and utility easement over Lot 89, Block 1, Sterling South at The Wilds Addition. The proposal amends the existing PUD plan to allow a combination of detached single family dwellings and townhouses within Sterling South at the Wilds. The proposal also includes a replat of Lots 31-40, Block 1, Sterling South at The Wilds, to accommodate both townhouses and detached single family dwellings. The proposed PUD amendment, combined preliminary and final plat and vacation are consistent with the existing development of Sterling South at The Wilds. The staff therefore recommended approval, subject to the following conditions: 1. The resolution vacating the easement will not be recorded until the final plat of Sterling Addition has been approved and signed by the City. 2. The applicant must provide existing and proposed individual water and sanitary sewer service stub locations per lot or building. L:\02 FILES\02planning comm\02pcminutesXlVlN072202(a).doc 2 Planning Commission Meeting July 22, 2OO2 The final plat of"Sterling Addition" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Reductions of the entire final plat be submitted, to the following scales: 1" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. d. Four mylar sets of the final plat with all required signatures be submitted. e. The developer provide financial security, acceptable to the City Engineer prior to release of the final plat mylars. f. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by this date will render the final plat null and void. Comments from the public: Dave May, McDonald Construction, said the information was presented correctly. The original plat was set up for twin homes. Shamrock Development replatted it for single family lots. Five of the twin lots and easements cannot be split and built as single family lots. More people are looking for single family homes and this will fit into the surrounding neighborhood. They are willing to give up the two twin lots so the 3 single family lots will work. Comments from the Commissioners: Ringstad, Criego, Lemke and Stamson: Agreed with staff's recommendation. Toured the site. · Improvement to the PUD. · Supported request. MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING APPROVAL OF THE AMENDMENT TO STERLING SOUTH AT THE WILDS PUD PLAN SUBJECT TO THE CONDITIONS STATED IN THE PLANNING REPORT. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING APPROVAL OF THE COMBINED PRELIMINARY AND FINAL PLAT KNOWN AS STERLING SOUTH AT THE WILDS ADDITION SUBJECT TO THE CONDITIONS LISTED IN THE PLANNING REPORT. Vote taken indicated ayes by all. MOTION CARRIED. L:\02FILES\02planning comm\02pcminuteshMN072202(a).doc 3 Planning Commission Meeting July 22, 2OO2 MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING THE PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 89, BLOCK 1, STERLING SOUTH AT THE WILDS SUBJECT THE CONDITIONS LISTED IN THE PLANNING REPORT. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on August 19, 2002. 6. Old Business: A. Case #02-072 Consider an amendment to Sections 1101.400 Definitions and 1104.308 (4) Water Oriented Accessory Structures of the Zoning Ordinance. Planning Coordinator Jane Kansier presented the Planning Report dated July 22, 2002, on file in the office of the Planning Department. The purpose of this public hearing is to consider an amendment to the Zoning Ordinance pertaining to water-oriented accessory structures. The Planning Commission initiated this amendment on June 10, 2002. The definition and the regulations for these structures are more restrictive than the existing language in the Minnesota State Shoreland Rules. The additional restrictions are intended to limit the number and size of accessory structures on the lot, while at the same time allowing property owners with access and storage of recreational equipment on riparian lots with steep slopes. Whether or not a water-oriented accessory structure should be allowed on all riparian lots is a policy issue. The current ordinance provisions were generally intended for aesthetic purposes. Earlier platted riparian lots tend to have smaller dimensions and less total area than is required for lots today. There has also been concern about the encroachment of structures on the lake. Staff had no objections to the proposed amendment. The proposed amendment will allow additional storage on riparian lots, and will still limit the encroachment of structures on the shoreline. Comments from the public: Mary Mirsh, 15432 Red Oaks Road, appeared as a resident and president of the Prior Lake Association. Mirsh surveyed the Lake Association board with only 80% supporting the proposal. One of the concerns were the exceptions in Section 1104.308 2E and 2C. He stated he had a personal request that children's' play structures be allowed. Kansier said playhouses would fall under this if they are less than 120 square feet. Anything roofed would be under this ordinance. Anything permanent would not be allowed. L:\02FILES\02planning comm\02pcminutesWIN072202(a).doc 4 Planning Commission Meeting July 22, 2002 Swing sets are not structures. The Lake Association felt the materials should be quality products, the same materials as the house. Kansier explained the roof lines and measuring from the grade with the maximum of 10 feet to the midlevel of the roof. Rye said the top of the gable roof would be 12 feet with an 8 foot wall. Mirsh stated the Lake Association board supported the amendment. Comments from the Commissioners: Criego: · Questioned Lake Minnetonka's ordinance. Kansier briefly explained and commented on the survey from neighboring lake communities. Most of the lake lots are larger. · There is a reason for the ordinance as it stands. Other communities have gone through huge growth over the years. · The 50 foot setback seems reasonable. Concern for variances. Is this going to promote more variances? · Questioned the type of structures. Kansier went over some of the definitions. · Recommend to delete "boathouses". The perception is to have a big boathouse. The wording should be changed. · Questioned detached decks and platforms. Kansier explained the ordinance. · Why would the City want to allow detached decks when they allow platforms? Stamson said the concern was for steep slopes. The downside of detached decks is that it would give a way around a variance. · The tendency will be to put up detached decks. Platforms are fine and do not require permits. · Questioned flood plain regulations. Kansier explained the process. · Does not like putting structures near the lake within 75 feet. Concern for variances. It would be acceptable at 50 feet with no exceptions. Otherwise there is a potential for future problems. Everyone wants more storage. The lake needs to be protected. There are already storage sheds near the water. Do not want to see that continuing. Lemke: · Questioned playhouses being considered structures. What is being considered is not how the City would handle playhouses in the future versus how they are handled now. Kansier said under this proposal it would be similar to a shed. The rules would be the same. It actually places it closer than under the current ordinance. · Kansier said the City is not actively going out and restricting Rainbow swing sets and playhouses. The City does not consider them structures. If they create an impervious surface issue that would be something to look at more closely. · Agreed with Criego's comments. Ifa home is 50 feet from the lake, they do not need a storage shed between the home and the lake. · Fifty feet is reasonable. Ringstad: L:\02FILES\02planning comm\02pcminutesXMN072202(a).doc 5 Planning Commission Meeting July 22, 20O2 Surprised there is not more public comment for or against. It affects the lake and the residents. Agreed with the Commissioners comments. Criego's comments - are we setting ourselves up for future variances? Lemke's comments - if someone is that close to the lake they probably have enough storage close enough. Stamson: · Staff's revision is what the Commissioners asked for. · Agreed with Cfiego's comments regarding the detached deck issue. Did not think it was necessary. Platforms are sufficient. · For clarity, just the way the ordinance is put together, take out the store boating accessories and equipment and add it to boathouses. Make sure it does not have boats, just equipment storage. · Include playhouses, not much difference between playhouses and sheds. · Just to make it clear - add "i" to the end. It would make it a lot clearer if "a" read like "i" and then made "i", "b". "a" would say "On lots containing slopes greater than 20% you can have one structure 20 feet. Then "b" would be for lots with slopes less than 20%. It is easier to compare. · Everything else is clear. · Agreed with the increase of variance requests. Would not grant a variance for a shed. It would be hard to prove a hardship, especially if your house is 50 feet away from the lake. · Rye said that language could be written in the ordinance. A regulation could be for permitted uses in the definition - for example a certain distance. One cannot get a variance for a use. When the dimension defines the use you can not get variances. · Good approach. Open discussion: Criego: · Agreed with discussions - take out detached decks. Come up with a different word than "boathouse". Make sure the structure stores water equipment. Stamson: · Questioned the word "compatible" indicating the materials have to match the home. Kansier explained the materials uses. · Questioned compatible flood plain material. Rye and Kansier explained the options. Kansier asked clarification. Criego would like to see the deck language removed. The trouble with playhouses is that now uses are being combined. This ordinance is for water oriented structures. Stamson said it has been expanded for recreational water uses. Playhouses run with that. L:\02FILES\02planning comm\02peminutesLMN072202(a).doc 6 Planning Commission Meeting July 22, 2002 Staff did not have a problem with that, but playhouses do not fall under the recreational equipment definition. The Commissioners concluded to eliminate playhouses and detached deck language. Change boathouses to indicate a structure to use water equipment. MOTION BY CRIEGO, SECOND BY LEMKE, DIRECTING STAFF TO INCORPORATE THE CHANGES IN THE ORDINANCE BASED ON THE COMMENTS AND PRESENT IT AT THE NEXT PLANNING MEETING. Vote taken indicated ayes by all. MOTION CARRIED. 7. New Business: 8. Announcements and Correspondence: Developer Jim Deanovic of Peter Andrea Company, presented a brief overview of the proposed Jeffers Pond project. His contract is the north half of the property under the Bob Jeffers Estate. Herb Wensmann of Wensmann Homes has the southern area. Deanovic and Wensmann were involved in the City's Long Term Vision 2020 Plan. From those meetings the developers drew ideas from the citizens to incorporate into the site. The developers met with the City and DNR numerous times and incorporated their concerns, including a 50 foot buffer zone around the pond to comply with the DNR's wishes. The developers would include lifecycle housing. They are trying to give amenities to enhance Prior Lake yet still make the project economical feasible. The density will not be enhanced. Five percent of the entire site would be affordable rental units. There would be no commercial space. They are working with the City to address all the issues. The area is 350 plus acres. If this moves forward, phasing would probably start in the spring of 2003 and go 5 or 6 years. Kansier spoke briefly on the regional trail concept with Three Rivers Regional Park and Scott County. The City is working with the DNR on reclassifying Jeffers Pond. The Commissioners felt it was a great plan. Reminder of the boat tour on July 29, 2002. 9. Adjournment: The meeting adjourned at 7:47 p.m. Don Rye Director of Community Development Connie Carlson Recording Secretary L:\02FILES\02planning comm\02pcminuteshMN072202(a).doc 7