Loading...
HomeMy WebLinkAbout12. 09. 24 PC Minutes 1 PRIOR LAKE PLANNING COMMISSION MINUTES Monday December 9, 2024 1. Call to Order and Pledge of Allegiance: Chair Tschetter called the Monday December 9, 2024 Prior Lake Planning Commission meeting to order at 6:00 p.m. Commissioners Jason Tschetter, Dan Ringstad, Michael Tennison, Michael Pasquarette, Doug Johnson, Christian Fenstermacher, and Kate Yurko were present. City Council Liaison Victor Lake, Community Development Director Casey McCabe, Planner Paul Moretto, Assistant City Engineer Luke Schwarz and Deputy Clerk / Administrative Assistant Megan Kooiman were also present. 2. Approval of Monday December 9, 2024 Agenda: MOTION BY FENSTERMACHER SECONDED BY RINGSTAD TO APPROVE THE MONDAY DECEMBER 9, 2024 PRIOR LAKE PLANNING COMMISSION AGENDA. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. 3. Approval of Wednesday, November 13, 2024, Meeting Minutes: MOTION BY JOHNSON SECONDED BY TENNISON TO APPROVE THE WEDNESDAY, NOVEMBER 13, 2024, PRIOR LAKE PLANNING COMMISSION MEETING MINUTES. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. 4. Public Hearings: A. PDEV24-000038 – 2883 Spring Lake Rd. SE – Variance – On Behalf of the property owner Michael Shipper, Conrad Anderson of CLA Construction Inc. is requesting a variance to encroach three feet into the Ordinary High Water (Lakeshore) setback (PID 251330860) Planner Moretto: Introduced the public hearing to consider a request for a variance from zoning code to allow for a shoreland setback encroachment for the construction of a single-family home addition. Moretto explained the current circumstances, physical site characteristics, and recommended approval of the variance. Commissioner Comments: Ringstad: No further questions Johnson: Questioned if there was a variance granted for a deck when the home was originally constructed. Moretto: No variance was necessary as it was approved under the conditions that were in place in 1998. Tennison: No further questions Fenstermacher: No further questions Pasquarette: No further questions Yurko: No further questions Tschetter: No further questions Applicant: Michael Schipper and Conrad Anderson: No comment at this time. MOTION BY RINGSTAD, SECONDED BY TENNISON TO OPEN THE PUBLIC HEARING ON ITEM 4D AT 6:09 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. 2 Motion carried 5-0. Public Comment: None. MOTION BY JOHNSON, SECONDED BY FENSTERMACHER TO CLOSE THE PUBLIC HEARING ON THE ITEM AT 6:10 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Commissioner Questions and Comments Yurko: Questioned if the project can be completed without the additional three feet requested. Moretto: The project will enclose and existing deck that is legal non-conforming. The additional three feet was requested to take advantage of the existing location of the deck and supply adequate space for a reasonable addition. The applicant is also available to speak more about the reasons for the design. Conrad Anderson 3005 Lake Ave, New Prague and Michael Schipper 2883 Spring Lake Road, Prior Lake: Explained that they were originally under the impression they could construct an addition to the deck setback. When the home was constructed in 1998, the survey showed proposed setback and did not identify a setback to the high water mark. They have made no changes to the setback since 1998. It would be a practical difficulty to design the addition without the additional three feet occupied by the current deck. Yurko: Questioned how the applicant is reducing a driveway. Conrad Anderson: They are removing the side parking slab along the driveway. Pasquarette: No additional questions. Fenstermacher: Appreciate you bringing this back and fitting in with pervious comments and recommendations. I am in favor of this project. Tennison: No additional questions. Johnson: No additional questions. Ringstad: No additional questions. Tschetter: Appreciate you coming back and working with staff on this. I will be in favor of this project. MOTION BY TENNISON, SECONDED BY RINGSTAD APPROVING A VARIANCE FROM SUBSECTION 1130.403 OF THE SHORELAND REGULATIONS ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT 2883 SPRING LAKE ROAD SW VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. B. PDEV24-000024 – 13755 and 13855 Crest Ave NE – Preliminary Plat and Preliminary Planned Unit Development Plan – Prior Lake Development, LLC is requesting approval of a Preliminary Plat and Preliminary Planned Unit Development Plan for a development to be known as The Residences at Crest Woods, consisting of 70 single-family residential lots (PIDs 259240025 and 259240023) Planner Moretto: Prior Lake Development LLC has applied for approval of a Preliminary Plat and Preliminary Planned Unit Development (PUD) Plan to be known as the Residence at Crest Woods. The application proposes 70 villa lots in a low-density residential development at 13855 and 13755 Crest Avenue SE near the intersection of Crest Avenue SE and County Road (CSAH) 42. Moretto explained the History, current circumstances, physical site characteristics, and is recommending approval of the Preliminary Plat and Preliminary Planned Unit Development Plan. 3 Commissioner Comments: Tschetter: Asked about access to the existing home. McCabe: The home currently has a driveway to Crest Avenue SE. Once 138th Street is constructed, the existing driveway will be relocated. Tschetter: Asked about public safety concerns with construction traffic and the homeowner. McCabe: Would not anticipate any issues as the applicant proposes to control traffic from Crest Avenue SE to the site and direct contractors off local roads. Tschetter: Question if there will be private road or city streets. Moretto: These will be public streets Tschetter: Any concerns or changes from the city’s perspective related to the change to public streets from private? Moretto: No concerns. Ringstad: Commented on the reduction in lots recommended by staff from 70 to 68 and confirmed that is acceptable by the developer. Moretto: Correct. Johnson: No additional questions Tennison: No additional questions Fenstermacher: Questioned the number of accesses on to 138th St. and asked if there are concerns with backing out of driveways and if this was acceptable to engineering. Schwarz: Felt comfortable with the design. Tschetter: Asked about two lots recommended for removal along 138th Street? McCabe: States there are two larger lots on the north and south. Explained how the removal of two lots would increase the overall average of the lot width, which could allow a future property owners to install a hammerhead to turn around if they wish. Tschetter: Clarified that two lots would be removed and that frontage would be spread across the remaining lots McCabe: Correct. Fenstermacher: Questioned if that will lead to any issues down the road. McCabe: I wouldn’t anticipate any issues. Pasquarette: No additional questions. Yurko: No additional questions. Applicant: Adam Seraphine: 7455 France Ave S, Edina: Thanked staff and commissioners for their review and is happy to answer any questions. Tschetter: Questioned if there will be an HOA. Seraphine: That is undetermined at this time. He would like to see an HOA with limited services provided. Tschetter: Questioned the impact on the reduction of the two lots. Seraphine: The loss of two lots would be minimal. Tschetter: Asked for an explanation of other changes to the plan, around sidewalks and paths. Seraphine: The infrastructure is very similar to the pervious project. Buffers have increased. One product type is proposed versus multiple styles of family homes and villas. There will be multiple different styles of one housing type. Tschetter: Asked about variations of number of bedrooms or are all the structures consistent. Seraphine: Explained that the standard plan is three bedrooms and two bathrooms. The Walkouts have the availability for an extra bedroom and bathroom. An additional level can be added to some floor plans for an additional bedroom. Tschetter: Everything sounds consistent with the existing neighborhood. Seraphine: It is consistent. Tension: Any requirement when designing the home. 4 Seraphine: Explained that the design team will be working on the design of the house as well as the style and layout of the house. Ringstad: Questioned what the units will sell for. Seraphine: Around five to six hundred thousand. MOTION BY TENNISON, SECONDED BY FENSTERMACHER TO OPEN THE PUBLIC HEARING ON ITEM 4D AT 6:33 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Public Comment: Ben Dunning, 5682 Meridian Way: Asked for clarification on lots to be removed from 138th St. McCabe: Explained that lots 1 and 14 are larger. Two parcels between Lots 2 and 13 will be removed. Dunning: Will the new road connect to the already existing road. McCabe: Yes. Dunning: Any tree preservation or paths that will be happening? McCabe: Yes. The city has a tree preservation plan and requirements. Only a certain number of trees can be removed. There is a trail proposed south of 138th. Dunning: Asked if the tree replacement needs to occur within the development or can trees be plated anywhere in the city. McCabe: The developer must plant trees within the development. Paul Ayres, 5661 Jarett Ct. NE: Wanted to thank the Planning Commissioner and developer for the redesign of the plan. Questioned what the numbers meant on the lots on the plat sheet. McCabe: Each block has a number and each lot within that block has a number. John Lahti, 5729 Apex Way: Questioned how the developer will be extending the street and will the median be removed. Schwarz: The intersection at 138th and Crest Avenue will get converted to a full intersect and the median will be removed. That portion of the property is under county review. Mike Lindemoen, 5668 Meridian Way: Will there be a trail between my house and lot 14? McCabe: Yes. The trail will connect to 138th. Lindemoen: And another sidewalk on the other side of my house? Moretto: The sidewalk goes to Meridian then turns and stops. Lindemoen: Question what is happening to the lot next to him. McCabe: There will be a single family home on Meridian and two homes on Apex. Kelly Lauterbach, 5783 138th St: Question about the outlots and who will maintain them. McCabe: Proposed to be HOA maintained. Phillip Hauger, 5688 Cattail court NE: Question if the sidewalk will be finished on 138th Street. McCabe: Yes, the sidewalk will be finished. Hauger: Who would I work with to get bushes installed in front of my windows for headlight reasons. McCabe: The developer is made aware of the issue they can plan accordingly in the tree preservation plan. Jodie Lindemoen 5668 Meridian Way: Questioned if there will be a privacy fence. McCabe: There is a retaining wall proposed. Lindemoen: Question what will happen with the trees on the side of their house McCabe: Grading will occur for utilities and a sidewalk but nothing beyond that on private property. MOTION BY FENSTERMACHER, SECONDED BY RINGSTAD TO CLOSE THE PUBLIC HEARING ON ITEM 4D AT 6:51 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Commissioner Questions and Comments 5 Yurko: Looking forward to the development. Pasquarette: Echoing the same comments. Fenstermacher: In support of this project. Tennison: Appreciative to the developer for listening to the community. Johnson: A very good collaboration between the surrounding neighborhoods. Ringstad: Thanked the developer. Listened to comments and made lots of adjustments. I will be supporting this tonight. Tschetter: Want to applaud the developer. Will be supporting as well. MOTION BY TENNISON, SECONDED BY JOHNSON TO RECOMMEND THE CITY COUNCIL APPROVAL OF THE REQUEST FOR A PRELIMINARY PLAT AND PRELIMINARY PLANNED UNIT DEVELOPMENT TO BE KNOW AS THE RESIDENCES AND CREST WOODS AT 13755 AND 13855 CREST AVENUE NE. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. C. PDEV24-000035 – 6025 170th ST E – Rezoning - M P Holdings LLC is requesting the rezoning of property from R-1, Low Density Residential to C-2, General Commercial at 6025 170th Street E (PID 259070010) Community Development Director McCabe: Property owner, M.P. Holdings, LLC is requesting to amend the official Zoning Map from R-1, Low Density Residential to C-2, General Business at 6025 170th St. E. McCabe explained the History, current circumstances, physical site characteristics, and is recommending approval of the Rezoning. Commissioner Comments: Yurko: No additional comments Pasquarette: No additional comments Fenstermacher: Asked about the soil material stockpiled on the site. McCabe: The soil materials have been stabilized. Tennison: Questioned the foliage or barrier to the east side. McCabe: Depends on what is being proposed. That will be evaluated with a future development proposal. Johnson: No additional comments Ringstad: No additional comments Tschetter: No additional comments Applicant: No comments. MOTION BY FENSTERMACHER, SECONDED BY RINGSTAD TO OPEN THE PUBLIC HEARING ON ITEM 4D AT 7:00 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Public Comment: Kim Bongsuk, 6100 170th St: Questioned if the rezoning was already approved and what the traffic will look like as a commercial lot. Also wanted to note that he is opposed to this rezoning due to the changes it would cause in his quiet neighborhood. McCabe: Explained that the vote on the rezoning is being considered tonight and there would be more traffic through the neighborhood in the future upon commercial development. 6 MOTION BY RINGSTAD, SECONDED BY JOHNSON TO CLOSE THE PUBLIC HEARING ON ITEM 4D AT 7:04 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Commissioner Questions and Comments Yurko: No additional comments Pasquarette: No additional comments Fenstermacher: No additional comments Tennison: No additional comments Johnson: That lot is guided for commercial development and is hopeful the future use can work with the residential surroundings. Tschetter: Acknowledged and appreciated the concern regarding traffic. Commented on the need to be careful about how we approach future commercial development. With that I will be supporting this tonight. Ringstad: Agrees with Tschetter’s comments and will be in support of staff’s recommendation. MOTION BY FENSTERMACHER, SECONDED BY JOHNSON TO RECOMMEND THE CITY COUNCIL APPROVE THE REZONING REQUEST FROM R-1, LOW DENSITY RESIDENTIAL TO C-2, GENERAL BUSINESS FOR THE PROPRERTY AT 6025 170TH STREET E. VOTE: Ayes by Ringstad, Pasquarette, Tschetter, Yurko, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. D. Text Amendments – Prior Lake City Code Chapter 10, Zoning – Consider amendments to Prior Lake City Code Chapter 10 (Zoning) related to Cannabis Businesses, Hemp Businesses and Cannabis Events Community Development Director McCabe: Introduced the purpose of this agenda item is to hold a public hearing to an ordinance amending Prior Lake City Code Chapter 10, Zoning, related to Cannabis Businesses, Hemp Businesses and Cannabis Events. McCabe explained the background and Current Circumstances. Commissioner Comments: Yurko: Thanked McCabe for his work and knowledge of this new cannabis law. Pasquarette: No Comment. Fenstermacher: Questioned the zoning district. What was the reason for limiting retail licenses in the town center. McCabe: Council was not supportive of cannabis retail businesses in the town center. Low-dose consumables are proposed as a permitted use in the town center. Tennison: Anything similar with liquor with the limitation of sites? McCabe: Liquor does not have similar limitations. Johnson: No Comment. Ringstad: No Comment. Tschetter: No Comment. MOTION BY TENNISON, SECONDED BY FENSTERMACHER TO OPEN THE PUBLIC HEARING ON ITEM 4D AT 7:25 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Public Comment: 7 None. MOTION BY RINGSTAD, SECONDED BY FENSTERMACHER TO CLOSE THE PUBLIC HEARING ON ITEM 4D AT 7:26 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Commissioner Questions and Comments Yurko: No Comment Pasquarette: No Comment Tennison: Thanked staff for all the work and appreciation of the time and efforts. Johnson: A lot of ground was covered, and this approach is cautious yet complies with state rules. Ringstad: No Comment. Tschetter: Commented about the cannabis regulations not being an idea of the city, but a requirement of the state and the need to get the ordinance adopted. Fenstermacher: Feels similar to other members. McCabe: Followed up on commissioner Johnson’s comment stating it will be easier for the city to adopt a more conservative ordinance and make amendments as needed in the future opposed to adopting a more liberal ordinance and needing to pull restrictions back. MOTION BY TENNISON, SECONDED BY JOHNSON TO RECOMMEND THE CITY COUNCIL APPROVE THE ORDINACE AMENDING PRIOR ALKE CITY CODE CHAPTER 10, ZONING AS PRESENTED. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. 5. Old Business: A. PDEV24-000031 – 14535 Pine RD NE – REQUEST TO CONTINUE A PREVIOUSLY TABLED VARIANCE REQUEST – On October 28, 2024, the Board of Adjustment held a public hearing to consider a variance application from Warren Israelson for an encroachment in the side yard setback, rear yard setback, front yard setback, adjacent structure setback, and an increase in impervious surface above the maximum 30% allowance (PID 250400060). Moretto: Introduced the requested variances from the zoning code for the construction of a single-family home. The subject property, lot 6, block 1 of North Shore Crest, is located at 14535 Pine Road NE along the north shore of Lower Prior Lake, PID: 250400060. Moretto described the history, current circumstance and physical characteristics and recommends approval of the requested variance. Commissioner Questions and Comments Yurko: Clarified that no deck or retaining walls are being proposed Moretto: No deck is being proposed. There may be a need for a retaining wall but would be proposed separately. Yurko: Commented on a 21-foot drop from the walk out level and asked about retaining walls. Moretto: Stated there is a wall on the neighbor’s property which is significant. Yurko: Asked about overhangs encroaching the setback. McCabe: The applicant cannot encroach in the setback. Yurko: Asked if there any discrepancy with the site survey. McCabe: There is not. Pasquarette: None. 8 Fenstermacher: Asked how does this plan compare to the house to the east? Moretto: This house is taller from grade and larger. Tschetter: Question the dimensions and the total square footage. Moretto: The footprint is 2,200 square feet. Tschetter: Asked if it was a full story above the current home or two stories. Moretto: I would say two stories above the current home. Tschetter: Asked about the total square footage. Applicant Warren Israelson, 6101 Egan Drive: Warren: Asked if he could review the house plan with the Planning Commission. Tschetter: Yes. Israelson: Basement is 1,719 square feet. Main level is a total of 1,520 square feet living space. The second level is 1,256 square feet plus 280 square feet for storage. Discussed the plan for the house and the layout. Tschetter: This is about 3,500 Square feet. Israelson: Yes. Unless you include the attic. Tschetter: commented on the 952 square feet for the attic. Commissioner Comments Tschetter: Commented on a 3,500 square-foot house on this lot size. Yurko: Commented on difficulty imagining this home fitting on this lot. Ringstad: Stated there are several non-conforming lots in Spring Lake and Prior Lake. The home is not being proposed over the height limit allowed in Prior Lake. I will be supporting this. Johnson: Stated he has a hard time with the dimensions of the house, the size of the lot and the size of the home and feels this house would be better suited on a bigger lot. Fenstermacher: It feels like a large house on a small lot. Commented on the setback requests being minor. I will be supporting this one. Tennison: Commented on his expectation there would be more of a change. I will not be supporting this. MOTION BY JOHNSON, SECONDED BY TENNISON TO DENEY THE VARIANCE FROM THE FRONT YARD AND CORNER SIDEYARD SETBACK, THE SHORELAND SETBACK, ADJACENT STRUCTURE SETBACK, AND IMPREVIOUS SURFACE MAXIMUM TO ALLOW A SINGLE-FAMILY HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT AT 14535 PINE ROAD NE VOTE: Ayes by Tschetter, Johnson, and Tennison. Nays Ringstad and Fenstermacher Motion carried 3-2 6. New Business: None. 7. Announcements & Adjournment: MOTION BY TENNISON, SECONDED BY FENSTERMACHER TO ADJOURN THE MONDAY DECEMBER 9, 2024, PLANNING COMMISSION MEETING AT 8:02 P.M. VOTE: Ayes by Ringstad, Tschetter, Fenstermacher, Johnson, and Tennison. Motion carried 5-0. Respectfully submitted, Megan Kooiman, Deputy Clerk / Administrative Assistant