Planning Commission Minutes

CITY OF VICTORIA     REGULAR PLANNING COMMISSION   AUGUST 4, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on August 4, 2009, at 7951 Rose in the Council Chambers.

#1  CALL TO ORDER & ROLL CALL:

Chair Simanton opened the meeting at 6:30 p.m.

Members Present: Chair, Gordy Simanton; Commissioners:  Grant Peterson and Tom Vogt.  

Members Absent:  James Donadio III and Bud Hiivala.

Others Present: Community Development Director, Holly Kreft; and Tanya Schmieg, Recording Secretary.

A.          Adopt Agenda

A motion was made by Vogt, seconded by Peterson, to adopt the agenda as presented.  Vote:  3 Ayes, 0 Nays. Motion Carried.

#2  APPROVAL OF MINUTES:

Minutes of the July 21, 2009 Planning Commission Meeting.

A motion was made by Simanton, seconded by Peterson, to adopt the minutes.  Vote:  3 Ayes, 0 Nays. Motion Carried.

Review Minutes of the July 13, 2009 City Council Meeting.

The above minutes were reviewed. 

#3  PUBLIC HEARINGS:

None.

#4  NEW / OLD BUSINESS:

A.          Discussion on Zoning Ordinance Updates

              1) Agenda Statement No. 09-11

              2) Exhibits:  Draft Articles IX, X and XI

Ms. Kreft said she has follow up from the questions at the last meeting.  The first is the shielding of externally lit signs and the existing language is included in bold which are included in the zoning ordinance.  She stated she is not recommending any changes. 

Ms. Kreft said the illuminated ground signs will also be equipped with a timer so the sign is not lit between the hours of 10:00 p.m. and 7:00 a.m.

Ms. Kreft said there was a question regarding the removal of a pylon sign after a change in ownership and she is advising against including language because there may be legal issues.  

Ms. Kreft stated that also included in the packet is a draft definition of a Farmer’s Market.  She said the proposal for the AG district was to allow a Farmer’s Market as an accessory use to a conditionally permitted use.  She noted there was some discussion on allowing that in the central business district.  Chair Simanton asked if a licensing fee could be charged if it is an accessory use.  Ms. Kreft said they could and would probably include that in the license section of the ordinance.   Commissioner Vogt noted that most Farmer’s Markets are in commercial areas.  He asked what an accessory use is.  Ms. Kreft explained that it is not the primary use of the facility.  Chair Simanton said he went and looked into Farmer’s Markets and wrote some things down:  the number of Farmer’s Markets that a city can have and most have just one within the city.  He said there was also language about structures and how they could display products.  He noted they couldn’t have anything on the ground.  Chair Simanton said dogs and cats were not permitted in the Farmer’s Market.  He said a licensing fee was also charged and there was a duration of when it is allowed.  He noted some other items were restrooms and waste disposal.  He said there was also a requirement that it had to be locally grown within the county and any adjacent counties.  Commissioner Vogt commented on the Minneapolis Farmer’s Market and said they don’t require the products to be locally grown.  He noted that St. Paul as to be grown within 75 miles. 

Ms. Kreft explained article IX is the R residential District.  She noted that three maps were included in the packet.  She showed the 2005 zoning map and said the areas in yellow are those that are zoned R residential.  She noted the comprehensive plan does include the mixed density residential which is in the brown color.  Ms. Kreft said the shoreland overlay map was also included.  She stated the residential district currently has single family dwellings.  She said that also included is the minimum lot size standards and setback requirements for all the districts.  Ms. Kreft explained the permitted uses right now include city parks but also includes non-city parks, playgrounds and athletic fields as conditional uses.  She stated that based on past history with parks she is recommending that all parks be considered conditional uses.  She noted that accessory apartments are allowed as conditional use permits in the residential and Lake Minnetonka residential districts. 

Ms. Kreft explained article X is the Lake Minnetonka Residential district.  She said this incorporates the area north of Highway 7 and west of Smithtown Road.  She noted this requires larger lots given the shoreland area.  She noted that the original language was from 1975.  Ms. Kreft said she is proposing to make all parks conditional uses.  She stated there is a conflict between tool houses and sheds constructed after 1977 and they are also listed as accessory uses.  She said she didn’t see anything referencing why this was changed.  She stated that all the other districts allow tool houses, sheds and other accessory structures as accessory uses.  Commissioner Vogt asked what the definition of a tool house is versus a shed.  Ms. Kreft said there is not a difference between a tool house and a shed but there are different requirements and a different definition for a boat house.  Commissioner Vogt noted it needs to be clear that a boat house is not considered a shed.  Ms. Kreft said that is in the definition section of the code.  Chair Simanton asked if there is a setback requirement for the tool sheds and sheds.  Ms. Kreft said it is 35 for the front and 5 for side yards.  Chair Simanton asked if that is 35 from the 100 year high water mark.  Ms. Kreft said no, it is 100 feet for the structure and it is 10 feet for a boat house if certain requirements are met.  Chair Simanton asked if there is a reason two definitions are needed.  Ms. Kreft said they could just have sheds and accessory structures and remove tool houses. 

Commissioner Peterson asked if there is a definition for front yard setbacks in the overlay district.  Ms. Kreft said yes and the shoreland district is 1,000 feet from the high water level.   

Ms. Kreft explained article XI is the Multiple Residential District.  She said this currently only includes a hand full of properties; Rolling Acres Mount Olivet, Emerald Crest, Community Living, downtown apartments which have been re-guided to central business district and MABBSCO.  She noted the only other parcels slated for this designation are the 40 acres west of Madelyn Creek and the parcel west of Park Drive and north of Highway 5.  She noted that the multiple residential district does include single family dwellings for permitted uses which conflicts with the intent for those uses.  She said single family dwellings would not be included as a permitted use.  The Planning Commission agreed not to allow single family homes in the multiple residential district.  Ms. Kreft explained that apartment or condominium building standards were removed from this section and will be transferred to conditional uses. 

#5  COUNCIL LIAISON UPDATE:

No Council Liaison was present. 

#6  MISCELLANEOUS:

Ms. Kreft noted the review of the comprehensive plan by the Metropolitan Council is scheduled and they should have official approval on August 26th.  

#7  ADJOURNMENT:

A motion was made by Vogt, seconded by Peterson, to adjourn the meeting at 7:11 p.m.  Vote:  3 Ayes, 0 Nays. Motion carried.

Respectfully submitted,

Tanya Schmieg

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