Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
JANUARY 19, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on January 19, 2010, at 7951 Rose in the Council Chambers.

Vice-Chair Donadio opened the meeting at 6:30 p.m.

Members Present: Commissioners: James Donadio III, Michelle Siegert and Tom Vogt.

Members Absent: Chair Gordy Simanton and Commissioner Grant Peterson.

Others Present: Community Development Director, Holly Kreft and Councilmember Paulsen.

A. Adopt Agenda

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

#2 APPROVAL OF MINUTES:

A. Minutes of the January 5, 2010 Planning Commission Meeting.

Commissioner Siegert corrected second sentence in the fourth paragraph on page three to read: Commissioner Siegert referred to Excelsior and said some of the businesses like the strict standards and others didn’t.

Commissioner Vogt corrected the last sentence in the second to the last paragraph on page four to read: She explained the second part is if a site plan or building materials review is not triggered; but if the primary materials are not proposed to meet the standards that would trigger the need for a conditional use permit.

A motion was made by Vogt, seconded by Siegert, to adopt the minutes as amended. Vote: 3 Ayes, 0 Nays. Motion Carried.
 

None.
 

Ms. Kreft explained that currently the zoning ordinance is silent on wind energy conversion systems. She said most likely this would fall under an accessory structure. She stated that staff has reviewed sample ordinances and reviewed information from the League of Minnesota Cities. Ms. Kreft said that staff is recommending that the definitions be added to article I. She noted the definitions differentiate between commercial and non-commercial wind energy conversion systems.

Ms. Kreft explained the major recommendations are:

• Non-commercial WECS would only be conditionally permitted in agricultural or industrially zoned property with a minimum of two acres. Commercial WECS would not be permitted

• Applicants would need to submit a shadow flicker and noise study as part of the conditional use permit process.

• The height would be limited to 150 feet or a 1:1 foot from the base of the turbine to the nearest property line, whichever is less.

• The set back would be based on a 1:1 ratio.

• Only monopole design is permitted. No guy wires allowed.

• Fencing and landscaping is required.

• The maximum rotor blade is 30 feet in length with a 30 foot clearance required for a 200 foot radius.

• Provisions for a discontinuation and decommissioning plan.

Commissioner Vogt asked if there is something that says you have to allow wind turbines. Ms. Kreft said there is not currently. She noted there most likely will be legislation at some point.

Commissioner Vogt stated he can’t get past that there is even talk about allowing a 150 foot wind turbine somewhere in Victoria at some point in time. He said it completely takes over the area and takes away the aesthetics of that area. He noted he likes alternative energy.

Commissioner Siegert said a 150 foot tower is a large tower and having it 150 feet from the property line does not seem adequate. She referred to an article in the Star Tribune on property owners trying to increase the setback. Commissioner Siegert stated the draft language does not seem strict enough to guarantee the property values. She stated this is not something they should take lightly.

Vice-Chair Donadio said once the wind turbines are up and development occurs on property currently zoned agricultural, the towers won’t come down.

Vice-Chair Donadio asked how tall water towers are. Ms. Kreft responded about 120 feet.

Vice-Chair Donadio asked about the desire to putting wind turbines at city parks. Ms. Kreft said she hasn’t heard that.

Vice-Chair Donadio said there are wind turbines that are not big bladed fans but rather an enclosed fan like structure.

Ms. Kreft said if the consensus is that wind turbines shouldn’t be permitted in any district, staff could provide feedback to the City Council.

Commissioner Siegert said this deserves more discussion. She reiterated the standards should be much stricter. She stated the flicker and the noise are really important issues. Commissioner Siegert said if any study is done, the applicant should have a plan in place on how they would guarantee that the study is accurate and what would be done if the study was not accurate.

Commissioner Siegert stated the amount of workman’s compensation and property insurance of $500,000 seems low.

Commissioner Siegert asked what the size of a turbine is for a single resident. Ms. Kreft said she would guess 50 kilowatts or less. She noted the height would be about 100 feet.

Ms. Kreft said she will discuss this with the City Council and report back to the Planning Commission.

Ms. Kreft provided some background and said the city was selected as one of five communities in the metro to be a GreenSteps Cities pilot city. She said the program is to test the Best Management Practices (BMP’s). Ms. Kreft said the next step is to meet again and then choose preliminary BMPs. She noted a report will be presented to the League of Minnesota Cities in June.

Commissioner Siegert commented on Victoria’s commitment to take care of the city and environment.

Commissioner Vogt referred to the list of Best Management Practices and said it looks like some of them can be done easily.

Ms. Kreft showed a map and said Parley Lake, Lake Virginia and Wassermann Lake are on the impaired waters list. She reviewed the TMDL’s for each of the three lakes. She said the implementation plan does list partners for the funding opportunities. Ms. Kreft explained the city does receive credits for the BMPs that have been installed since 2000. She said that nothing additional needs to be done for Wasserman Lake at this time according to the plan and the efforts will be focused on Lake Virginia.

Vice-Chair Donadio asked about projects for waters that lead into Lake Virginia. Ms. Kreft said that is something they have asked the Watershed District about.

Ms. Kreft reviewed the most important comments on the draft plan: it was not clear in the plan the wasteload allocations that each city would be responsible for. She said the city already has a municipal water quality ordinance in place so that was provided to the District. She stated Parley Lake was also requested to be removed as the City’s requirement since the development in Victoria would occur post-2030.

Ms. Kreft talked about the potential land acquisition that the Watershed District has been working on. She showed the four parcels that are being considered. She noted the Watershed District does have capital improvement projects planned along the Six Mile Creek. Ms. Kreft said they have about $1.4 million dollars planned for this area, which includes streambank stabilization and wetland restoration.

Ms. Kreft reviewed the different scenarios. She noted that scenario one is a development focus and the north half of the plan matches what has already been approved in concept for the Laketown project. The second scenario is a moderate conservation focus. She said the third scenario is called conservation focus. Scenario four is a complete restoration focus so there would be no development.

Ms. Kreft explained that in order for any of this area to grow the sewer needs to come from around Lake Wasserman on the south side and connect to the existing Laketown development and then continue south to the city’s future growth area. She showed the aerial photo and said the blue route is for the water and the red is the line for the sewer. Ms. Kreft stated the line for the sewer is extremely important because of the depth that it needs to be in order to avoid having additional lift stations.

Vice-Chair Donadio asked who dug the historical ditch. Ms. Kreft said most likely a farmer. She noted it is a manmade water feature.

Commissioner Vogt asked what the benefit is for scenario three or scenario four. Ms. Kreft said that is part of the issue with the report. She noted the report has not determined if there is a water quality improvement and it is really limiting the land use. She said she thinks the Watershed District feels by controlling the land use they can control the water quality.

Commissioner Siegert clarified that the Watershed District wants to be able to purchase developable property, hold on to it for a while and then resell it with their conditions attached. Ms. Kreft said yes. Commissioner Siegert clarified that the Minnehaha Creek Watershed District wants to extend their authority in zoning and ordinance regulation. She read a couple of sentences that are posted on the Watershed Districts website under use of local land and land acquisition authorities. She said what it sounds like to her is the intent of their comprehensive plan demonstrates that they want to work with cities and allow the cities to do the land use and zoning ordinances but what they are proposing seems to contradict that. Ms. Kreft said that the City is concerned the Watershed District is over reaching what their role is in the process.

Vice-Chair Donadio commented on the impact on the density requirements.

Ms. Kreft said they will follow up with a formal letter requesting a joint meeting with the full board. Commissioner Siegert commented on keeping these decisions in the hands of the elected officials.
 

Councilmember Paulsen had nothing to report.
 

None.
 

A motion was made by Siegert, seconded by Vogt, to adjourn the meeting at 7:21 p.m. Vote: 3 Ayes, 0 Nays. Motion carried.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.