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REGULAR PLANNING COMMISSION AGENDA
MONDAY, AUGUST 13, 2001
Fire Station - City Council Chambers
6:30 p.m.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
Case Files #01,039 and #01-040 (Continued) Consider an application for a
preliminary plat to be known as McCormick Acres and to consider variances to
the minimum lot area for three of the proposed lots for the property located on the
south side of 170th Street, North of Highway 13 and east of Pheasant Meadows.
Case File #01-058 Consider an Amendment to Sections 1101.1000 (Definition of
Elderly Housing), 1106A.200 (Definition of Congregate Care), 1108.506 and
1108.704 (The number of votes required to adopt an ordinance), 1112.200 (The
definition of an Official Map) 1101.503 (1,6 & 7) (Allowable encroachments into
a side yard) 1104.308(2) (allowable encroachments into the lake setback)
1107.1801(1) (The Lighting Standards) and 1107.2106(5) (Certification of
Compliance with the Tree Preservation requirements) of the Zoning Ordinance.
Old Business:
New Business:
Case File #01-057 Larry Nickelson is requesting the vacation of a portion of the
Ridgemont Avenue right-of-way adjacent to the property located at 15543
Ridgemont Avenue.
Announcements and Correspondence:
Adjournment:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, AUGUST 13, 2001
1. Call to Order:
Chairman Vonhof called the August 13, 2001, Planning Commission meeting to order at
6:31 p.m. Those present were Commissioners Atwood, Lemke, Stamson and Vonhof,
Planning Director Don Rye, Planning Coordinator Jane Kansier and Recording Secretary
Connie Carlson.
2. Roll Call:
Atwood Present
Criego Absent
Lemke Present
Stamson Present
Vonhof Present
3. Approval of Minutes:
The Minutes from the July 23, 2001, Planning Commission meeting were approved as
presented.
Commissioner Vonhof read the Public Hearing Statement and opened the meeting.
4. Public Hearings:
A. Case Files #01-039 and #01-040 (Continued) Consider an application for a
preliminary plat to be known as McCormick Acres and to consider variances to the
minimum lot area for three of the proposed lots for the property located on the
south side of 170th Street, North of Highway 13 and east of Pheasant Meadows.
The Planning Commission initially considered this request on July 9, 2001. The
Commission tabled action on the request until August 13, 2001, in order to allow staff
and the applicant to assemble additional information.
On August 8, 2001, the applicant requested the Planning Commission further continue
the hearing until the next regular Planning Commission meeting on August 27, 2001 (see
attached). The applicant is hoping to provide additional information at that time.
Comments from the Commissioners:
MOTION BY ATWOOD, SECOND BY LEMKE, TO CONTINUE THE MATTER TO
THE AUGUST 27, 2001, MEETING.
Vote taken indicated ayes by all. MOTION CARRIED.
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August 13, 2001
B. Case File #01-058 Consider an Amendment to Sections 1101.1000 (Definition
of Elderly Housing), 1106A.200 (Definition of Congregate Care), 1108.506 and
1108.704 (The number of votes required to adopt an ordinance), 1112.200 (The
definition of an Official Map) 1101.503 (1,6 & 7) (Allowable encroachments into a
side yard) 1104.308(2) (allowable encroachments into the lake setback) 1107.1801(1)
(The Lighting Standards) and 1107.2106(5) (Certification of Compliance with the
Tree Preservation requirements) of the Zoning Ordinance.
Planning Coordinator Jane Kansier presented the Planning Report dated August 13,2001,
on file in the office of the City Planning Department.
The need for the amendments to the Zoning Ordinance is the result of several factors.
These factors included changes to the State Statutes, the need to clarify language in the
existing ordinance, update references in the existing ordinance and change the ordinance
to reflect existing policy.
The staff identified language in the current Zoning Ordinance to be inconsistent with
Minnesota State statutes. Some of the inconsistencies are the result of very recent
changes to the statutes. These changes include the following:
· The definition of elderly housing (1101.1000)
The definition of congregate care (1106A.200)
· The number of City Council votes required to adopt an amendment to the Zoning
Map and the Zoning Ordinance (1108.506 and 1108.704)
· The definition of an official map (1112.200)
· Language to include basement egress windows as an allowable encroachment into the
side yards (1101.503 (1))
· Language to include platform decks as allowable yard encroachments (1101.503 (6 &
7) and 1104.308 (2))
· The Illuminating Engineering Society (IES) Handbook (1107.1801 (1))
· Tree Preservation Requirements, Certification of compliance with an approved
landscaping plan (1107.2106 (5)).
The staff felt there is a public need for these amendments for several reasons. First of all,
the amendments are necessary to comply with State Statutes. Second, the amendments
will clarify the intent of the ordinance as it is currently administered. Finally, the
amendment eliminating the need for certification of compliance with tree preservation
plans will be more "customer friendly" and eliminate additional expense to the taxpayers.
There were no comments from the public.
Comments from the Commissioners:
Lemke:
· Agreed with staff that the changes are needed because of the State Statute
requirements.
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.4ugust 13, 2001
Agreed with the concept of the builder or homeowner certifying the tree replacement,
but if it is determined in the future that the requirements were not met, is there any
enforcement? Kansier said once the City returns the deposit, they would not have too
much recourse. The staff does have the option of doing the inspection if there are
questions.
Stamson:
· Agreed staffwas thorough in their justification in the changes. Supported.
Atwood:
· Agreed - Clarifies the intent.
Vonhof:
· Agreed with the changes. Staff does well in keeping thc Zoning Ordinance up to date
and current with all State Statutes.
· All of staff interpretations of the changes came out of previous discussions.
· Regarding thc impact on tree preservation - Would support as long as staff felt
comfortable with the compliance.
MOTION BY ATWOOD, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL APPROVE THE PROPOSED AMENDMENTS.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
6. New Business:
A. Case File #01-057 Larry Nickelson is requesting the vacation of a portion of
the Ridgemont Avenue right-of-way adjacent to the property located at 15543
Ridgemont Avenue.
Planning Coordinator Jane Kansier presented the Planning Report dated August 13, 2001,
on file in the office of the City Planner.
The fight-of-way for Ridgemont Avenue at this location was originally dedicated in 1920
with the plat of Condon's Wood Dale. In 1974, the City installed utilities and
reconstructed Ridgemont Avenue at this location. At that time, the roadway surface was
realigned to the west of this property. This left a boulevard of approximately 28'
between the curb and the property line.
In 1999, Larry and Joyce Nickelson requested the vacation of 18' of the excess fight-of-
way adjacent to their property at 15543 Ridgemont Avenue. The existing lot is about
50,000 square feet in size. Mr. and Mrs. Nickelson indicated they wanted to subdivide
this area into 3 lots. According to the letter submitted by the petitioners at that time, they
believed vacation of this fight-of-way "may avoid future problems for the city and new
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August 13, 2001
property owners if the easements are moved to reflect the true placement of the utilities
and the lot lines end at the street, as they do in all residential districts." The area
originally proposed to be vacated was also required to meet the minimum lot area
requirements for two of the proposed lots.
There is excess fight-of-way at this location. However, the revised legal description
includes area necessary to maintain the utilities and the existing streets. The Planning
staff recommended denial of the vacation as currently proposed. The staff would
recommend approval of the vacation of 18' of fight-of-way adjacent to this property as
originally described, subject to the condition the property owner quit claim a 10' wide
easement for drainage and utilities along the westerly boundary of the property.
Stamson:
· Questioned lot lines extending to the curb. Kansier explained.
There were no comments from the applicant or the public.
Comments from the Commissioners:
Stamson:
· Concurred with staff's opinion. The second description is too inclusive. The hurdle
State Statute sets forth is that it has to be in the public's interest and agree with the
City's Comprehensive Plan. The initial request met the requirements.
· Vacate original requested area.
· Questioned staff on the property reverting to the original owners. Kansier
responded.
· Supported staff's recommendation.
Atwood:
· Agreed. The 10 foot wide easement is reasonable.
Lemke:
· Agreed with staff.
Vonhof:
· Concurred with staff.
MOTION BY STAMSON, SECOND BY ATWOOD, TO RECOMMEND CITY
COUNCIL VACATE A PORTION OF THE RIGHT-OF-WAY OF RIDGEMONT
AVENUE ADJACENT TO 15543 RIDGEMOUNT AS SPELLED OUT BY STAFF IN
THEIR REPORT.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on September 4, 2001.
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August 13, 2001
7. Announcements and Correspondence:
Rye said the consultants are wrapping up the downtown ordinance and streetscape
materials. The City will then proceed with a public hearing.
Rye briefly explained the new State TIF impact.
8. Adjournment:
The meeting adjourned at 7:00 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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