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HomeMy WebLinkAbout022795REGULAR PLANNING COMMISSION AGENDA Monday, February 27, 1995 7:00 p.m. 7:00 p.m. 1. 7:20 p.m. 2. 8:10 p.m. 3. 8:30 p.m. 4. 8:45 p.m. 5. 9:15 p.m. 6. 9:30 p.m. 7. Call meeting to order. a) Review minutes of previous meeting. VARIANCE - Continue Jeff Bonneau heating. PUBLIC HEARING - Wilderness Ponds, consider Preliminary Plat; Rezoning and Vm-iance. PUBLIC HEARING - Lou Apple, consider a petition to add adult day care as a permitted use within a business zoning district. VARIANCE - Consider variance for Howard and Deirdre Olson. PUBLIC HEARING - Consider amendment to the subdivision ordinance to establish standards for private streets. VARIANCE - Consider variance application for The Wilds. PUBLIC HEARING - Continued for conditional use permit for Fairview Clinic. Other Business a) Retreat topics/dates. All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. A22795 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES FEBRUARY 27,1995 The February 27, 1995, Planning Commission Meeting was called to order by Chairman Vonhof at 7:00 p.m. Those present were Commissioners Roseth, Amold, Kuykendall and Vonhof, Planning Director Don Rye, Assistant City Planner Deb Garross and Secretary Connie Carlson. REVIEW MINUTES OF PREVIOUS ~G MOTION B Y ARNOLD, SECOND B Y ROSETH, TO APPROVE THE MINUTES AS WR1TFEN. Vote taken signified ayes by Amold, Roseth, Kuykendall, and Vonhof. MOTION CARRIED. ITEMI - VARIANCE REQUEST (CONTINUED)JEFF BONNEAU: Applicant Jeff Bonneau, 5060 Condon's Street, stated his request for the following variances in order to construct a garage, storage area and second story cantilever: To permit a 5' west side yard setback instead of the required 10' side yard setback (from the southwest comer of the proposed carport). To permit a 10' south from yard setback instead of the required 25' front yard setback (from the southwest comer of the proposed carport). o To permit a 21' south front yard setback instead of the required 25' front yard setback (from the cantilever of the proposed second story addition). To permit a 44% impervious surface coverage instead of the maximum impervious surface coverage of 30%. To permit a 5' "post facto" east side yard setback instead of the required 100' side yard setback (from the existing deck). o To permit a 37' "post facto" lake setback instead of the required 75' setback from the 904 ordinary-high-water mark of Prior Lake, (for existing deck). Assistant Planner Deb Garross presented the Planning Report dated February 27, 1995. Staff recommended approval of variances as requested. Hans Widerstrom, 5080 Condon's Street, felt the house was built as a summer home and there would not be enough room to expand with the additions. Wally Stock, 5038 Condon's Street and Ken Olson, 5050 Condon's Street also stated their objections to the additions. PLANNING COMMISSION February 27,1995 Page I Commissioner Vonhof read a letter from Larry Nickelson stating his objections to the variances. Comments from the Commissioners included: impression last meeting was building a garage would be more acceptable than a carport; Mr. Bonneau has done a good job in redesigning the structure; would like to see applicant have a garage; 44% impervious surface is more than normal; cornn~nts from audience; variances are for the property not the person; and other solutions. MOTION BY KUYKENDAI l., SECOND BY ROSETH TO APPROVE VARIANCES #3, 5 AND 6, WITH g4 MODIFIED TO 36% IMPERVIOUS SURFACE. Discussion: Commission did recornmend a garage vs. a carport at the last meeting; and some Commissioners felt a garage is necessary. Vote taken signified ayes by Kuykendall, Roseth and Vonhof; nay by Amold. MOTION CARRIED. ITEM H - PUBLIC HEARING - WILDERNESS PONDS, CONSIDER PREIJMINARY PLA'P. RE?I)NING AND VARIANCE: The Public Hearing was called to order, the public was in attendance and a sign-up sheet distributed. A1Rehder of Rehder & Associates, presented the proposal of Wildemess Ponds development. The project will be developed in two phases. Assistant Planner Deb Garross presented the DRC Report dated February 27, 1995. The Prior Lake Development Review Committee (DRC) received an application for subdivision, rezoning and variance from Mike Giles, Wildemess Ponds Development, 23504 Cedar Avenue, Farmington, MN 55024. The applicant is represented by Greg Halling of Rehder & Associates, Inc. The request is to subdivide approximately 74.5 acres of Suburban Residential/Shoreland District (R-l/S-D) and Conservation District (C-l) zoned land into 93 lots. The subject site is a parcel of record, legally described as Outlot A, Waterfront Passage Addition. No direct access is proposed to County Road 21 which is is consistent with Scott County access guidelines. Staff recommends Adoption of Resolution 95-05PC recomrmnding approval of the preliminary plat, rezoning and cul-de-sac length variances as submitted or with modifications recommended by the Planning Commission. Jack Seiler, 16766 Blind Lake Trail, stated his concem for the County Road 21 noise after the grading. Would like berm protection. Jim Gravel, 16759 Blind Lake Trail, concems were for saving the bluff and the mature trees; the noise from County Road 21; and two different road standards coming together. Garross responded to above concems stating there would be a cut of approximately 10 feet of elevation and a proposed tree planting program. Evergreen trees would be planted along County Road 21. The vegetation along Windsor Lane will remain the same. There will be no impact to wetlands with the exception of minor mitigation to install one street. Greg Halling of Rehder & Associates spoke on the lake elevation and said the DNR would be out to survey the ordinary-high-water mark. Jim Gravel asked about sidewalks on existing Blind Lake Trail. Garross said sidewalks would be installed adjacent to Blind Lake Trail. Active, linear and natural open space parks would also be developed and linked to other parks via a trail system. PLANNING COMMISSION February 27, 1995 Page 2 Comments from Commissioners: Item #13 of the Resolution regarding the ordinary-high-water mark should be supplied to the City prior to the final plat; sidewalks should meet City standards; retain tree cover; supports preliminary plat. MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE RESOLUTION 9505PC AS AMENDED FOR SIDEWALKS TO 1VIFET CURRENT CITY SIDEWALK STANDARDS. Vote taken signified ayes by Arnold, Roseth, Kuykendall and Vonhof. MOTION CARRIED. MOTION BY ROSETH, SECOND BY KUYKENDAII, TO CLOSE PUBLIC HEARING FOR PRELIMINARY PLAT. Vote taken signified ayes by Arnold, Roseth, Kuykendall and Vonhof. MOTION CARRIED. MOTION BY ROSETH, SECOND BY KUYKENDAII. TO CLOSE THE PUBLIC HEARING FOR RETDNING. Vote taken signified ayes by Arnold, roseth, Kuykendall and Vonhof. MOTION CARRIED. A recess was called at 8:33 p.m. ITEM llI- PUBLIC HEARING - CONSIDER APPLICATION OF LOU APP!,E TO A~ THE ZONING ORDINANCE TO AIJOW "ADULT DAY CARE" FACIIJTIKq IN BUSINESS ZONING DISTRICTS. The Public Heating was called to order at 8:39 p.m. Applicant Lou Apple did not appear. The public hearing was continued to the foot of the agenda. ITEMIV- VARIANCE REQUEST - HOWARD AND DEIRDRE ODSON: Howard Olson, 3809 Island View Circle, stated he wished to construct an addition and decks. Assistant Planner Deb Garross presented the information as per Planning Report dated February 27, 1995. The Planning Department received an application from Howard and Deirdre Olson to consider the following setback variances in order to construct a proposed addition and decks outlined on the attached survey. The proposed setbacks are outlined as follows: 56' "Post facto" lakeshore setback instead of the required 75' setback, measured from the 904 ordinary-high-water mark of Prior Lake. 2. 9.6' "Post facto" east side yard setback instead of the required 10' side yard setback. The existing single family home was constructed in 1981 according to the survey attached from James R. Hill, Inc, dated 2-17-81. The original survey indicates an 81' setback from the 904 contour to the southeast comer of the home. There is no record of a building permit being issued for the existing deck, nor is the deck shown on the 1981 survey submitted for building permit. The survey submitted with the variance application was prepared by Valley Surveying Co., P.A. on 5-18-94 indicating a 67' lakeshore setback from the 904 contour to the southeast comer of the home. There is a 14' discrepancy in the lakeshore setback, between the two surveys. It appears that the original survey contained erroneous lakeshore setback information. The result is that the existing home was built at variance with the 75' lakeshore and 10' side yard setback requirements of the Zoning Ordinance. PLANNING COMMISSION February27,1995 Page 3 The proposal is to add a 12' x 22' deck to connect to the existing deck on the southeast side of the home. The existing deck is located at a 56' setback from the 904 contour. The Planning Commission has deemed lack of a reasonable deck on a lakeshore home as a hardship and has granted setback variances to allow up to 12' decks on the lake side of homes. The recommendation from staff related to the proposed deck on the southeast side of the home is that it be designed to conform to the 56' lakeshore setback. This option could easily be accomplished by an angle comer and/or by decreasing the width of the deck by 1 '. Garross handed the Commissioners a letter from Hydrologist, Pat Lynch from the DNR that stated objection to granting additional lakeshore variances for the subject site. Commissioners were in support of the variances. MOTION B Y ARNOLD, SECOND BY KUYKENDAI l., TO APPROVE VARIANCES AS SUBM[IWED IN APPLICATION. Vote taken signified ayes by Amold, Kuykendall, Roseth and Vonhof. MOTION CARRIED. ITEM V - PUBLIC HEARING - AMENDMENT TO SUBDIVISION ORDINANCE TO ESTABIJ~H STANDARDS FOR PRIVATE STREEIS. The Public Hearing was called to order at 8:50 p.m. The public was in attendance and a sign-up sheet was ckculated. Planning Director, Don Rye presented the information as presented in the Planning Report dated February 27, 1995. Timn Jacobs, Project Manager for The Wilds inquired about criteria for the homeowners, how many residents determine an association, and responsibility of the developer for picking up the remaining properties. Rye responded that the developer maintains control until a certain percentage of the units are owner-occupied. Comments from Commissioners: public and private streets should have the same look, regarding maintenance and traffic enforcement; traffic statutes should be incorporated into Ordinance; and separate motions should be made by Council. Richard Krier from James R. Hill, suggested the basic concept be approved and have the City Council pass it. Comrrents from Commissioners was to accept in concept. MOTION BY KUYKENDAII., SECOND BY ROSETH TO APPROVE THE PRIVATE STREFYF STANDARDS ORDINANCE AS PRESENTED. Vote taken signified ayes by Kuykendall, Roseth, Amold and Vonhof. MOTION CARRIED. MOTION BY ARNOLD, SECOND B Y KUYKENDALL TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Arnold, Kuykendall, Roseth and Vonhof. MOTION CARRIED. PLANNING COMMISSION February 27, 1995 Page 4 ITEMVI- VARIANCE- THE WILDS TEMPORARY CLUBHOUSE: Timn Jacobs, Project Manager of The Wilds requested the following variance to allow a premanufactured building to be moved into the City of Prior Lake. Assistant City Planner Deb Garross presented the Planning Report with the following variance request: A variance from Zoning Ordinance Section 4.10 to allow a building to be moved into the City Limits. The Zoning Ordinance specifies that structures other than residential buildings shall not be moved into or within the City Limits. See attached Ordinance excerpt for reference to provision 4.10. The applicant proposes to move a premanufactured "temporary" clubhouse into the City and locate it on Outlot H, The Wilds as indicated on the attached drawing. The applicant advised staff that the golf course will open on June 19, 1995 and the clubhouse must be operational at that time. The PUD Schematic Plan indicates that Outlot H is to be developed with a clubhouse for the golf course. The proposal is to locate the premanufacmred "temporary" building on the site and begin construction of the permanent clubhouse during the summer of 1995. The temporary structure will be used for the 1995 and 1996 golf season then be removed upon completion of the permanent clubhouse in 1996. Staff recornrnends approval of the variance application as requested or with changes as directed by the Planning Commission. The temporary structure be removed by December 31, 1996 or completion of the permanent clubhouse, whichever is earlier. Comments from Commissioners included displaying a plaque stating "temporary" until December 12, 1996. MOTION BY KUYKENDAI l., SECOND ROSETH, TO APPROVE THE VARIANCE TO ALLOW A CLUBHOUSE TO BE MOVED INTO THE CITY AT THE WILDS AS OLrlI_JNED IN THE STAFF REPORT WITH A SIGN POSTED STATING THE CLUBHOUSE IS TEMPORARY AND WILL BE REMOVED NO LATER THAN DF_L'EMBER 31, 1996. Vote taken signified ayes by Kuykendall, Arnold, Roseth and Vonhof. MOTION CARRIED. ITEM VII - PUBLIC HFARING - CONTINUATION OF CONDITIONAL USE PERMIT FOR FAIRVIEW CLINIC The Public Heating was called to order at 9:35. The public was in attendance and a sign-up sheet was distributed. Ray Piirainen, Assistant Property Director for Fairview Hospital and Health Services outlined Fairview's proposal for a medical clinic in Prior Lake. Don Rye, Planning Director, presented the Supplemental Planning Report dated February 27, 1995. Commissioner Kuykendall asked the representatives of Fairview to answer questions and discuss the Staff's Report. Jerry Fink and Ray Piirainen of Fairview stated the front of the building would face south for better visibility, and would look more inviting and provide a shield from residential homes; traffic will go to the comer; the low pitch gable roof has caused problems in other buildings; Fairview operations people feel it is not designed well; rooftop mechanicals are troublesome; changes in landscape; studies show more traffic to McDonalds and County Market; traffic to clinic will be in shifts; trash will be enclosed outside the facility; berm along parking lot; and clinic will be a general practice. PLANNING COMMISSION February 27, 1995 Page 5 Discussion from Commissioners were: sidewalk on Five Hawks; setbacks met; location okay; traffic; hours of operation; screening from facility; trees should be planted in the parking islands; trash containers; stop lights will eventually be put in on Highway 13/Five Hawks and Highway 13/170th. Mark LeFmnkie, 3862 Willowwood, asked if there were any plans other than residential lots near the medical facility. Mr. LeFrankie also wanted to know if Fairview would consider "No Left Tums" at the exits. He would like to see Fairview publish information on the facility for the neighborhood. Michelle Donnelly, stated she is currently building a home in Westbury Ponds and is concern with the traffic on Willowwood. Mm. Donnelly is opposed to the clinic. 1Viz Piirainen stated it was difficult to fred a location for the facility. Fairview is also concemed about traffic and will provide maps to clinic directing traffic from Highway 13 and Five Hawks Avenue. Don Rye said the City received a letter from the State informing us they are waiting for Scott County to approve the realignment of County Road 23 before the traffic signal is approved. MOTION BY KUYKENDAIlJ, SECOND BY ARNOLD, TO APPROVE THE REQUEST FOR CONDITIONAL USE MODIFIED BY STAFF AND TO REQUIRE A FIVE FOOT WALKWAY ON THE WEST SIDE OF FIVE HAWKS AVENUE FROMWILLDWWOOD AND HIGHWAY 13. CONDITIONS MUST MFFTI' REQUIREMENTS OF THE CITY ENGINEER FOR DESIGN OF THE WALK. Justification is to make accornmxlations for the pedestrians especially the children. Vote taken signified ayes by Kuykendall, Amold, Roseth and Vonhof. MOTION CARRIED. MOTION BY KUYKENDAI l., SECOND BY ROSETH TO TABLE LOU APPEl :S REQUEST FOR A PET1TION TO ADD ADULT DAY CARE AS A PERM1TIED USE WITHIN A BUSINESS ZONING DISTRICT. Votes taken signified ayes by Kuykendall, Roseth, Amold and Vonhof. MOTION CARRIED. Commissioner Vonhof suggested discussion on the private street issues. MOTION BY VONHOF, SECOND BY KUYKENDAII., TO RECOMMEND THE CITY CODE BE REVIEWED TO INSURE THAT STATE STATUTE CHAPTER 169., APPLY TO PRIVATE AS WELL AS PUBLIC STREETS TO ENABLE TRAFFIC ENFORCEMENT ON PRIVATE STREETS CONSISTENT W1TH PUBLIC STREETS. Votes taken signified ayes by Vonhof, Kuykendall, Amold and Roseth. MOTION CARRIED. Deb Garross informed the Commission that the above statutes were cited in the City Code. OTHERBUS~: Discussion on workshop dates and accommodations. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADJOURN THE ~G. Vote taken signified ayes by Loftus, Amold, Kuykendall, Roseth, and Vonhof. MOTION CARRIED. PLANNING COMMISSION February27,1995 Page 6 The meeting adjourned. Tapes of the meeting are on file at City Hall. Donald Rye Director of Planning M22795 Connie Carlson Recording Secretary PLANNING COMMISSION February 27, 1995 Page 7